Petroleum Geo-Services Inc. v. Westerngeco LLC

Decision Date17 March 2016
Docket NumberIPR2014-00689[1]
PartiesPETROLEUM GEO-SERVICES INC., and ION GEOPHYSICAL CORPORATION AND ION INTERNATIONAL S.A.R.L., Petitioner, v. WESTERNGECO LLC, Patent Owner. Patent 7, 293,520 B2
CourtUnited States Patent and Trademark Office. United States Patent and Trademark Office, Patent Trial and Appeal Board

PETROLEUM GEO-SERVICES INC., and ION GEOPHYSICAL CORPORATION AND ION INTERNATIONAL S.A.R.L., Petitioner,
v.

WESTERNGECO LLC, Patent Owner.

No. IPR2014-00689[1] Patent 7, 293,520 B2

United States Patent and Trademark Office, Patent Trial and Appeal Board

March 17, 2016


Before BRYAN F. MOORE, SCOTT A. DANIELS, and BEVERLY M. BUNTING, Administrative Patent Judges.

FINAL WRITTEN DECISION 35 U.S.C. § 318(A) AND37 C.F.R. § 42.73

DANIELS, Administrative Patent Judge.

I. INTRODUCTION

A. Background

Petroleum Geo-Services ("Petitioner," or "PGS") filed a Petition to institute an inter partes review of claims 1, 2, 18 and 19 of U.S. Patent No. 7,293,520 B2 ("the'520 patent").[2] Paper 2 ("PGS Pet."). WesternGeco LLC ("Patent Owner") timely filed a Preliminary Response. Paper 26 ("First Prelim. Resp."). We instituted trial in Petroleum Geo-Services, Inc., v. WesternGeco L.L.C., Case IPR2014-00689, (the "PGS IPR"), for claims 1,2, 18 and 19 of the '520 patent on certain grounds of unpatentability alleged in the Petition. Paper 32 ("Decision to Institute" or "Inst. Dec."). Patent Owner, in due course, filed a Response. Paper 43 ("Response"). Petitioner subsequently filed a Reply. Paper 78 (Reply).

In a separate proceeding, ION Geophysical Corporation and ION International S.A.R.L., v. WesternGeco L.L.C., Case IPR2015-00565 (PTAB Jan. 14, 2015) (the "ION IPR"), ION Geophysical Corporation and ION International S.A.R.L. ("ION") also filed a Petition to institute an inter partes review of claims 1,2, 18, and 19 of the '520 patent. Paper 3 ("ION Pet."). With their Petition, ION also filed a Motion for Joinder, Paper 4 ("Mot."), seeking to join the ION IPR with the PGS IPR. Mot. 2. Patent Owner filed an Opposition to ION's Motion for Joinder. Paper 10 ("Opp.,"). We instituted trial in the ION IPR and granted ION's Motion for Joinder. Paper 14 ("ION Decision to Institute" or "ION Inst. Dec."). We ordered ION not to file papers, engage in discovery, or participate in any deposition or oral hearing in IPR2014-00689 without obtaining authorization. ION was, however, permitted to appear in IPR2014-00689 so that it could receive notification of filings and attend depositions and the oral hearing. Patent Owner subsequently filed a Preliminary Response to ION's Petition. Paper 70 ("ION Prelim. Resp.").

In addition, Petitioner filed a Motion to Exclude. Paper 85. Patent Owner filed an Opposition to Petitioner's Motion to Exclude (Paper 90), and Petitioner filed a Reply. Paper 94. Also, Petitioner filed three Motions to Seal (Papers 81, 87, and 97), and Patent Owner filed a Motion to Seal. Paper 91.

An oral hearing was held on July 30, 2015. A transcript of the hearing is included in the record. Paper 100 ("Tr.").

The Board has jurisdiction under 35 U.S.C. § 6(c). This Final Written Decision is entered pursuant to 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73. For the reasons that follow, we determine that Petitioner has proven, by a preponderance of the evidence, that claims 1, 2, 18 and 19 of the '520 patent are unpatentable.

B. Additional Proceedings

Lawsuits involving the '520 patent presently asserted against Petitioner include WesternGeco LLC v. Petroleum Geo-Services, Inc., 4:13-cv-02725 (the "PGS lawsuit") in the Southern District of Texas and WesternGeco LLC v. ION Geophysical Corp., 4:09-cv-01827 (the "ION lawsuit") also in the Southern District of Texas. ION Pet. 8.

The '520 patent is related to the patents involved in IPR2014-00687 andIPR2014-00688.

C. The '520 Patent

The '520 patent (Ex. 1001), titled "Control System for Positioning of a Marine Seismic Streamers," generally relates to a method and apparatus for improving marine seismic survey techniques to more effectively control the movement and positioning of marine seismic streamers towed in an array behind a boat. Ex. 1001, 1:24-36. As illustrated in Figure 1 of the'520 patent reproduced below, labeled Prior Art, a seismic source, for example, air gun 14, is towed by boat 10 producing acoustic signals, which are reflected off the earth below. Id. The reflected signals are received by hydrophones (no reference number) attached to streamers 12, and the signals "digitized and processed to build up a representation of the subsurface geology." Id. at 36-41.

(Image Omitted)

Figure 1, above, depicts an array of seismic streamers 12 towed behind boat 10.

In order to obtain accurate survey data, it is necessary to control the positioning of the streamers, both vertically in the water column, as well as horizontally against ocean currents and forces which can cause the normally linear streamers to bend and undulate and, in some cases, become entangled with one another. Id. at 1:42-2:16. As illustrated in Figure 1, above, each streamer is maintained in a generally linear arrangement behind the boat by deflector 16 which horizontally positions the end of each streamer nearest the boat. Id. at 3:36-45. Drag buoy 20 at the end of each streamer farthest from the vessel creates tension along the streamer to maintain the linear arrangement.

To control the position and linear shapes of the streamers, a plurality of streamer positioning devices, called "birds" 18 or "SPD's" (streamer positioning devices), are attached along the length of each streamer. Id. at 3:53-55. The birds are horizontally and vertically steerable and control the shape and position of the streamer in both vertical (depth) and horizontal directions. Id at 3:55-61. The birds's job is usually to maintain the streamers in their linear and parallel arrangement, because when the streamers are horizontally out of position, the efficiency of the seismic data collection is compromised. Id at 2:4-12. The most important task of the birds, the specification explains, is to keep the streamers from tangling. Id. at 4:4-5.

To control the birds, and hence the array of streamers, the '520 patent describes a distributed control system using global control system 22 located on the vessel, and a local control system at each bird to maintain the streamers in their particular linear and parallel arrangement. Id. at 3:62-66. In an embodiment of the described control system, global control system 22 monitors the actual positions of the birds on the streamers and "and is programmed with the desired positions of or the desired minimum separations between the seismic streamers 12." Id. at 4:21-25. Global control system 22 uses the desired and actual positions of the birds to "regularly calculate updated desired vertical and horizontal forces the birds should impart on the seismic streamers 12 to move them from their actual positions to their desired positions." Id. at 4:37-40. Global control system 22 then communicates this information to the birds's local control system. Id at 5:6-10.

The '520 patent explains that the "inventive control system" has two primary modes, a feather angle mode, and a turn control mode. Id. at 10:27-29. The feather angle mode is used to maintain the linear form of the streamer at an angle offset from the direction of towing, usually to account for ocean crosscurrents affecting the streamers. Id. at 10:29-37. The '520 patent explains that in the feather angle mode

[t]he feather angle could be input either manually, through use of a current meter, or through use of an estimated value based on the average horizontal bird forces. Only when the crosscurrent velocity is very small will the feather angle be set to zero and the desired streamer positions be in precise alignment with the towing direction

Id. at 10:32-36.

The turn control mode is used when the vessel is turning during a survey operation. Id. at 10:38-40. In a first part of the turn, birds 18 are instructed to "throw out" the streamer by generating a force in the opposite direction from the turn. Id. at 10:40-44. In a second part of the turn, the birds are directed back to the position defined by the feather angle mode. Id. The control system determines the first and second part of the turn according to data provided by the vessel navigation system. Id. at 10:50-53.

The control system can also operate in a streamer separation mode, important for example during inclement weather conditions to keep the streamers from tangling. Id. at 10:54-57. In this mode, the birds receive either desired horizontal force, or horizontal position information to maintain the streamers a desired horizontal distance spaced apart from one another, and, the streamers can also be separated in depth. The specification explains that "[i]n this control mode, the global control system 22 attempts to maximize the distance between adjacent streamers. The streamers 12 will typically be separated in depth and the outermost streamers will be positioned as far away from each other as possible." Id. at 10:57-65. According to the '520 patent, these different modes allow the vessel to operate more efficiently, turn faster and lower the incidents of tangling during survey operations leading to a reduction in time and equipment costs of marine surveying. Id. at 10:44-46, 2:23-25.

D. Illustrative Claim

Claims 1 and 18 are independent. Claim 1, a method claim and claim 18 an apparatus claim, illustrate the claimed subject matter:

1. A method comprising:

(a) towing an array of streamers each having a plurality of streamer positioning devices there along contributing to steering the streamers
(b) controlling the streamer positioning devices with a control system configured to operate in one or more control modes selected from a feather angle mode, a turn control mode, and a streamer separation mode.

Ex. 1001, 11:10-18 (emphasis added).

18. An apparatus comprising
(a) an array of streamers each having a plurality of streamer positioning devices there along
(b) a control system configured to use a control mode selected from a feather angle mode, a turn control mode, a
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