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 .
Claim Objections
Claim 13 is objected to because of the following informalities: in line 5, the phrase “the drive unit rotate each…” is grammatically incorrect. The word “rotate” should be changed to rotates, such that the phrase reads ““the drive unit rotates each…”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4-5 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eick (2013/0188459).
With respect to claim 1, Eick teaches a seismic exploration method (defined by operation of tool of Figures 1-4) comprising: causing a seismic source device (22/32 or 122/132/162) disposed in a subsurface to generate a vibration (see title, abstract); and acquiring, by a signal acquisition device ([0004]), a vibration signal based on the vibration generated by the seismic source device ([0014]), wherein the seismic source device (22/32 or 122/132/132/162) includes a rotating body (23/33 or 163/173) which is eccentric and rotates about a rotation shaft (24/34 or unlabeled shaft of #162, [0023]), and a drive unit (26/36 or 166/176) which generates the vibration by rotating the rotating body ([0015]-[0017], [0020]-[0023]). Further, the claimed method is necessitated by the product structure/operation.
With respect to claim 2, Eick teaches wherein the seismic source device (22/32 or 122/132/132/162) is disposed in a hole formed in the subsurface ([0014], [0017]).
With respect to claim 4, Eick teaches wherein a plurality of the seismic source devices (22/32 or 122/132/132/162) is disposed in the hole, and the plurality of the seismic source devices (22/32 or 122/132/132/162) is disposed in a direction in which the hole extends ([0014], [0017]).
With respect to claim 5, Eick teaches wherein the seismic source (22/32 or 122/132/132/162) device further includes a housing portion (defined by outer housing of tool #10) which houses the rotating body (23/33/163/173, 26/36/66/176) and the drive unit (26/36/166/176), and a coupling mechanism (18) which couples the housing portion with an inner surface of the hole ([0014]).
With respect to claim 8, Eick teaches wherein the rotation shaft (defined unlabeled shaft of transverse source devices #162, [0023]) is parallel to a horizontal direction.
With respect to claim 9, Eick teaches a subsurface monitoring method comprising the seismic exploration method according to claim 1 (defined by operation of tool of Figures 1-4).
With respect to claim 10, Eick teaches a seismic exploration system (defined by operation of tool of Figures 1-4 and receiver devices – [0004]) comprising: a seismic source device (22/32 or 122/132/162) that is disposed in a subsurface and generates a vibration (see title, abstract); and a signal acquisition device that acquires a vibration signal based on the vibration generated by the seismic source device ([0004]), wherein the seismic source device (22/32 or 122/132/162) includes a rotating body (23/33 or 163/173) which is eccentric and rotates about a rotation shaft (24/34 and unlabeled shaft of #162, [0023]), and a drive unit (26/36 or 166/176) which generates the vibration by rotating the rotating body ([0015]-[0017], [0020]-[0023]).
Claims 1-2, 6 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamata (9,507,039).
With respect to claim 1, Kamata teaches a seismic exploration method (Col. 1, Lines 14-23) comprising: causing a seismic source device (Figures 1-8, 15, #10) disposed in a subsurface to generate a vibration (Col. 5, Lines 10-19; Col. 2, Lines 6-11); and acquiring, by a signal acquisition device ([0004]), a vibration signal based on the vibration generated by the seismic source device (60/Rs), wherein the seismic source device (10) includes a rotating body (50) which is eccentric and rotates about a rotation shaft (11), and a drive unit (20) which generates the vibration by rotating the rotating body (50 – Col. 8, Lines 4-14). Further, the claimed method is necessitated by the product structure/operation.
With respect to claim 2, Kamata teaches wherein the seismic source device (10) is disposed in a hole formed in the subsurface (clearly seen in Figure 1).
With respect to claim 6, Kamata teaches wherein the signal acquisition device (Rs) includes a geophone which acquires the vibration signal (Col. 12, Lines 28-32), and when the hole in which the seismic source device (10) is disposed is a first hole, the geophone (Rs) is disposed in a second hole different from the first hole formed in the subsurface (clearly seen in Figure 15).
With respect to claim 10, Kamata teaches a seismic exploration system (Figures 1-8, 15; Col. 1, Lines 14-23) comprising: a seismic source device (10) that is disposed in a subsurface and generates a vibration (Col. 5, Lines 10-19; Col. 2, Lines 6-11); and a signal acquisition device (60/Rs) that acquires a vibration signal based on the vibration generated by the seismic source device, wherein the seismic source device (10) includes a rotating body (50) which is eccentric and rotates about a rotation shaft (11), and a drive unit (20) which generates the vibration by rotating the rotating body (50 – Col. 8, Lines 4-14).
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.
Claims 3 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Eick (2013/0188459).
With respect to claim 3, Eick teaches the method of claim 2. Eick further teaches wherein the seismic source device (22/32 or 122/132/132/162) is disposed in a hole formed in the subsurface ([0014], [0017]).
Eick fails to explicitly teach wherein the seismic source device is disposed at a position deeper than an aquifer.
However, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. If the prior art structure is capable of performing the intended use, then it meets the claim. Ex Parte Masham, 2 USPQ F.2d 1647 (1987). In this case, disposing the seismic source device at a position deeper than an aquifer would have an obvious location/environment in which the locate the downhole device in a downhole environment at a position deeper than an aquifer, as Eick does not limit what kind of downhole/borehole environment the tool can be used in, nor are any depth limitations stated so as to preclude use of the device at a position deeper than an aquifer.
With respect to claim 11, Eick teaches a seismic source device (Figures 1-4, #10) comprising: a seismic source portion (22/32 or 122/132/162) that includes a rotating body (23/33 or 163/173) which is eccentric and rotates about a rotation shaft (24/34 and unlabeled shaft of #162, [0023]), and a drive unit (26/36 or 166/176) which generates the vibration by rotating the rotating body ([0015]-[0017], [0020]-[0023]); and a housing portion (defined by outer housing of tool #10) that houses the seismic source portion (22/32 or 122/132/162) in an internal space,
Eick fails to explicitly teach wherein the housing portion houses the seismic source portion in a manner that the seismic source portion can be detached through an opening of the internal space.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to wherein the housing portion houses the seismic source portion in a manner that the seismic source portion can be detached through an opening of the internal space, since it has been held that making an element removable involves routine skill. In re Dulberg, 289 F. 2d 522,523,129 USPQ 348, 349 (CCPA 1961). In this case, there is nothing preventing the device from being taken apart for maintenance/cleaning, such that the housing portion houses the seismic source portion in a manner that the seismic source portion can be detached through an opening of the internal space. Further, one of ordinary skill would understand that components may need cleaning, repair or replacement, such that the device the source portion #22/32/122/132/163 could be removed through an opening of the device, even if the opening were a result of other portions being removed/takrn apart to allow for detachment though an opening.
With respect to claim 12, Eick teaches wherein the seismic source device (122/132/162) is disposed in a subsurface ([0014], [0017]), and the rotation shaft (defined unlabeled shaft of transverse source devices #162, [0023]) is parallel to a horizontal direction.
With respect to claim 13, Eick teaches wherein when the rotating body (23/33) is a first rotating body (23) and the rotation shaft (24) is a first rotation shaft, the seismic source portion further includes a second rotating body (33) which is eccentric and rotates about a second rotation shaft (34), and the drive unit (26/36 – [0022]) rotates each of the first rotating body (23) and the second rotating body (33) such that the first rotating body and the second rotating body generate vibrations having different frequencies ([0017], [0020]-[0021]).
With respect to claim 14, Eick teaches wherein the seismic source device is disposed in a hole formed in a subsurface ([0014], [0017]), and the seismic source device further includes a coupling mechanism (18) which couples an inner surface of the hole and the housing portion (defined by outer housing of tool #10).
With respect to claim 15, Eick teaches wherein the housing portion (defined by outer housing of tool #10) includes an inherently pressure-resistant container. It is noted that term “pressure-resistant” is vague an open to interpretation. Because the downhole tool is used in a harsh environment, it is considered to be inherent that the housing is made from a “pressure-resistant” container, in the same way as Applicant’s device, as it could note function in a downhole environment if it were not “pressure-resistant”.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Eick (2013/0188459) in view of Roscigno (6,728,165).
With respect to claim 7, Eick teaches the method of claim 2. Eick further teaches a signal acquisition device ([0004]).
Eick fails to explicitly teach wherein the signal acquisition device includes an optical fiber which is disposed in a direction in which the hole extends in the hole, a light source which causes a laser light to be propagated through the optical fiber, and an acquirer which acquires the vibration signal based on the laser light propagated.
Roscigno teaches a known to provide a similar seismic source device (Figures 1-3B, #130) and a signal acquisition device (100) that includes an optical fiber (DF 1-DF6; RF1-RF16) which is disposed in a direction in which the hole extends in the hole, a light source (LS1-LS6) which causes a laser light to be propagated through the optical fiber, and an acquirer (304) which acquires the vibration signal based on the laser light propagated (Col. 6, Line 1-Col. 7, Line 45).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Eick, with the apparatus of Roscigno so as to employ a signal acquisition device that includes fiber optic sensors, which are electrically passive devices, which do not require electrical components or external electrical connections. Thus they are less susceptible to the harshness associated with high temperature, high pressure environments, and are suitable for use in hydrophones operating under harsh environmental conditions, as compared to other prior art receiver/acquisition devices (See Roscigno, Col. 2, Lines 1-11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pertinent arts of record relating to Applicant’s disclosure are disclosed in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00).
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837
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