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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/12/2025 has been entered.
Allowable Subject Matter
Claims 1-28 are allowed.
The following is an examiner’s statement of reasons for allowance: the reasons of record including applicant’s arguments filed 12/12/2025.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 30 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The recitation in claim 30, lines 6-8 of “receiving energy electromagnetically from the first coil in response…” renders the claim indefinite. It is unclear what receives the energy from the first coil. Additionally, the preamble does not mention a part of the apparatus that receives energy from the first coil only that the method is drawn to “operating a magnet comprising a first coil…”
Claim Rejections - 35 USC § 102
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.
Claim(s) 29 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Tanaka (“Development of the current bypassing methods into the transverse direction…”).
Tanaka teaches a system (abstract) comprising a first coil including a superconductor material, an electrical conductor between turns of the coil (copper between the turns; I. Introduction) a sensor configured to measure temperature associated with the magnet (thermocouple , Fig. 2; Section 3.3), an apparatus configured to induce a quench condition in the coil in which current flows between the turns of the coil through the conductor (transverse direction of the current as the heater induces a normal state in the superconductor (quench condition); Section 3.2 and 3.3), apparatus configured to detect quench by monitoring magnetic field (magnetic field Hall sensor; Section 2.1).
Claim Rejections - 35 USC § 103
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) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka.
Tanaka teaches a method of operating a magnet comprising a first coil including superconducting material and electrical conductor between turns of the first coil (copper between the turns; I. Introduction), comprising inducing a quench in the first coil in which current flows between the turns of the first coil through the electrical conductor (transverse direction of the current as the heater induces a normal state in the superconductor (quench condition); Section 3.2 and 3.3). Regarding the limitation of receiving energy electromagnetically from the first coil, it appears that a part of the apparatus would intentionally/unintentionally receive the energy from the quench. Additionally, it would have been obvious to provide periodic quenches in Tanaka in order to test the apparatus’ susceptibility to quench damage (abstract, 4. Conclusion).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL A WARTALOWICZ whose telephone number is (571)272-5957. The examiner can normally be reached Monday-Friday 9 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL A WARTALOWICZ/Primary Examiner, Art Unit 1735