DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to because the text within Fig. 4, Fig. 6a, Fig. 6b, Fig 6c, Fig. 7, and Fig. 8 are illegible. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5-11, and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson et al. (US 20150071033 A1, “Thompson”) in view of Kofoed et al. (US 20140239955 A1, “Kofoed”).
Regarding 1, England discloses a system for identification, determination, characterization, and/or quantification of groundwater, the system comprising ([0037] subsurface formation may generate seismic and/or electromagnetic signals when fluid is present within. Seismic and electromagnetic signals may indicate presence of fluid and may be utilized by the system to locate particular fluids such as water within a formation with high porosity and permeability):
an information input unit comprising sensors, modules, and control logic configured for data acquisition relating to the groundwater at a prospecting site (Fig. 1A, [0046]-[0047], sensors (26) and (28) may form all or a portion of long term installation for passive surveying allowing system (10) to monitor the development or depletion of a water well or aquifer over periods of production. Computing system (30) includes hardware, software, signal processors, and control logic to process, store, and/or analyze electromagnetic signals (22) and/or seismic signals (20) received from sensors (26) and (28));
an information packaging and processing unit configured to utilize software
and an information output unit configured to output information relating to the identification, determination, characterization, and/or quantification of the groundwater through applications, web platforms, reports, and/or alerts (Fig. 1a, [0094], various properties of the subsurface formation may be utilized to develop a geological model of the formation and can provide predicted outputs based on the model. Predicted outputs can be compared with detected signals (20) and/or (22). Four-dimensional models may be generated based on signals (20) and (22) over time and may illustrate amounts of fluid produced from the reservoir over time, changes to the formation over time, effects of hydrofracturing, migration of pollutants or magma, along with other time-dependent properties)(Creation of a model is equivalent to generation of a report).
Thompson fails to teach
an information input unit comprising microcontrollers configured for data acquisition relating to the groundwater at a prospecting site
Kofoed teaches
an information input unit comprising microcontrollers configured for data acquisition relating to the groundwater at a prospecting site ([0035], surface measurements made of both the magnetic field strength and direction of magnetic field provides information concerning the position, orientation, and conductivity of groundwater. Electrical field mapping provides additional information relating to current flowing in the ground water which can be related directly to the subsurface water distribution)([0045], data collector or data logger may include an advanced digitizer and microcontroller in order to accept multiple differential input channels without multiplexing.)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Thompson, to include the teachings of Kofoed in order to yield a seismic and electromagnetic groundwater monitoring system with the capability of processing multiple data types and data sets simultaneously without requiring the extra processing step of multiplexing the data in order to facilitate faster and more efficient data handling. Making such a modification amounts to using a known technique to improve a similar system in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 5, Thompson, as modified in view of Kofoed teaches the system according to claim 1. Kofoed further teaches
wherein the information packaging and processing unit comprises a microcontroller configured to process data received from the information input unit for each sensor ([0035], surface measurements made of both the magnetic field strength and direction of magnetic field provides information concerning the position, orientation, and conductivity of groundwater. Electrical field mapping provides additional information relating to current flowing in the ground water which can be related directly to the subsurface water distribution)([0045], data collector or data logger may include an advanced digitizer and microcontroller in order to accept multiple differential input channels without multiplexing).
Regarding claim 6, Thompson, as modified in view of Kofoed teaches the system according to claim 5. Thompson further teaches
wherein the information packaging and processing unit is configured to utilize the data through a signal standardization software, enabling subsequent processing by specialized software
Regarding claim 7, Thompson, as modified in view of Kofoed teaches the system according to claim 1. Thompson further teaches
wherein the information output unit is configured to deliver the reports and the alerts via applications
Regarding claim 8, Thompson, as modified in view of Kofoed teaches the system according to claim 7. Thompson further teaches
wherein the information output unit is configured to provide information about the presence or absence of groundwater in the prospecting site([0037] subsurface formation may generate seismic and/or electromagnetic signals when fluid is present within. Seismic and electromagnetic signals may indicate presence of fluid and may be utilized by the system to locate particular fluids such as water within a formation with high porosity and permeability) ([0094], Four-dimensional models may be generated based on signals (20) and (22) over time and may illustrate amounts of fluid produced from the reservoir over time, changes to the formation over time, effects of hydrofracturing, migration of pollutants or magma, along with other time-dependent properties).
Regarding claim 9, Thompson, as modified in view of Kofoed teaches the system according to claim 8. Thompson further teaches
wherein the information output unit is further configured to provide depth and water table levels, estimate flow rates, and provide a stratigraphy of the prospecting site ([0021], processing detected signals may indicate presence of aqueous fluid such as potable water, fresh water, and brine water in the subterranean formation as well as depth of subsurface formation, porosity and/or fluid permeability, composition of fluids, depth of the formation. Models can be developed based on the identified properties which may be utilized to identify the presence of and/or migration of pollutants, aquifer depth, water use)([0054] system may also be capable of identifying and/or tracking migration of fluids)(tracking migration of fluids includes monitoring of flow or flow rates).
Regarding claim 10, Thompson, as modified in view of Kofoed teaches the system according to claim 9. Thompson further teaches
wherein the information output unit is further configured to collect data and feed the collected data into a predictive and hydrological analysis model(Fig. 1a, [0094], various properties of the subsurface formation may be utilized to develop a geological model of the formation and can provide predicted outputs based on the model. Predicted outputs can be compared with detected signals (20) and/or (22)),
wherein the predictive and hydrological analysis model is configured to analyze hydrogeological and hydrological information to create a water security plan ([0046, system may be used to monitor the development and/or depletion of a water well or aquifer over periods of production)(Fig. 1a, [0094], Four-dimensional models may be generated based on signals (20) and (22) over time and may illustrate amounts of fluid produced from the reservoir over time, changes to the formation over time, effects of hydrofracturing, migration of pollutants or magma, along with other time-dependent properties).
Regarding claim 11, the claim is a method claim corresponding to claim 1 and is therefore rejected for the same reasons.
Regarding claim 15, the claim is a method claim corresponding to claim 5 and is therefore rejected for the same reasons.
Regarding claim 16, the claim is a method claim corresponding to claim 6 and is therefore rejected for the same reasons.
Regarding claim 17, the claim is a method claim corresponding to claim 7 and is therefore rejected for the same reasons.
Regarding claim 18, the claim is a method claim corresponding to claim 8 and is therefore rejected for the same reasons.
Regarding claim 19, the claim is a method claim corresponding to claim 9 and is therefore rejected for the same reasons.
Regarding claim 20, the claim is a method claim corresponding to claim 10 and is therefore rejected for the same reasons.
Claim(s) 2 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson in view of Kofoed and Terry et al. ("Field evaluation of semi‐automated moisture estimation from geophysics using machine learning." Vadose Zone Journal 22.2 (2023): e20246., “Terry”).
Regarding claim 2, Thompson, as modified in view of Kofoed teaches the system according to claim 1. Thompson further teaches
the sensors of the information input unit comprise electrical sensors, magnetic sensors, and seismic sensors (Fig. 1a, [0040], electromagnetic sensors (26) may represent a set of sensors that includes one or more magnetic field detectors, one or more electric field detectors, and one or more electromagnetic field detectors)(Fig. 1a, [0043], seismic sensors (28) represent any suitable combination of sensing elements capable of detecting and/or measuring at least some portion of seismic signals (20));
Kofoed further teaches
and the modules of the information input unit comprise
Thompson, as modified in view Kofoed fails to teach
the modules of the information input unit comprise one or more atmospheric modules
Terry teaches
the modules of the information input unit comprise one or more atmospheric modules (pg. 4, Campbell SoilVUE10 time domain reflectometer (TDR) soil moisture and temperature profiler was installed into a hand-augured hole at the center of the site to record and monitor temperature, dielectric permittivity, and EC at nine depths).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Thompson, as modified in view of the teachings of Kofoed, to further include the teachings of Terry in order to yield a seismic and electromagnetic groundwater monitoring system with the capability of monitoring soil temperature and moisture values associated with a prospecting site so that ecological and environmental engineering considerations may further be incorporated into the generated geophysical model through the inclusion of soil moisture estimates that may not be able to be quantified through the use of other surface-based electrical geophysical methods. Making such a modification amounts to using a known technique to improve a similar system in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 12, the claim is a method claim corresponding to claim 2 and is therefore rejected for the same reasons.
Claim(s) 3-4 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson in view of Kofoed, Terry, and Strack et al. (US 7340348 B2, “Strack”).
Regarding claim 3, Thompson, as modified in view of Kofoed and Terry teaches the system according to claim 2. Thompson further teaches
wherein the electrical sensors comprise electrodes (Fig. 1a, [0041], sensors (26) may include electrode pairs)
and wherein the seismic sensors comprise geophones ([0043] sensors (28) may represent single or multi-component geophones).
Thompson, as modified in view of Kofoed fails to teach
wherein the magnetic sensors comprise magnetometers
Strack teaches
wherein the magnetic sensors comprise magnetometers(Fig. 5, column 12, lines 1-10, sensor (20) may include magnetometers (30), (32), and (34) oriented along mutually orthogonal directions and may be coupled to a digital signal processor)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Thompson, as modified in view of the teachings of Kofoed and Terry, to further include the teachings of Strack in order to yield a seismic and electromagnetic groundwater monitoring system that is able to obtain multiple accurate measurements corresponding to electric fields originating from different volumes of the subsurface layers in order to generate a more comprehensive geophysical model. Making such a modification amounts to using a known technique to improve a similar system in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 4, Thompson, as modified in view of Kofoed, Terry, and Strack teaches the system according to claim 3. Kofoed further teaches
wherein the system is configured to operate on a point-based mode, wherein each measurement generates a specific survey or sounding of the prospected site(Implicit, [0029], the apparatus includes a device to measure the position or orientation of the coil(s) such as a GPS device. the GPS device may be a high-grade GPS device capable of providing accurate geolocation readings to within a fraction of a meter)(taking geolocation readings at the site of each measurement instrument is equivalent to ensuring each measurement ensures a specific sounding of a site, or in other words, operates on a point-based mode).
Regarding claim 13, the claim is a method claim corresponding to claim 3 and is therefore rejected for the same reasons.
Regarding claim 14, the claim is a method claim corresponding to claim 4 and is therefore rejected for the same reasons.
Conclusion
Prior art made of record though not relied upon in the present basis of rejection are noted in the
attached PTO 892 and include:
Wiederhold et al. ("Geophysical methods help to assess potential groundwater extraction sites." Grundwasser 26.4 (2021): 367-378.) which discloses various geophysical data gathering and processing means to determine groundwater extraction sites
Robinson et al. ("Advancing process‐based watershed hydrological research using near‐surface geophysics: A vision for, and review of, electrical and magnetic geophysical methods." Hydrological Processes: An International Journal 22.18 (2008): 3604-3635.) which discloses electrical and magnetic surveying techniques used in hydrological modeling
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/CHRISTOPHER RICHARD WALKER/Examiner, Art Unit 3645
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