DETAILED ACTION
This office action is in response to the applicant's amendment submitted on 10/03/2024. In virtue of this amendment:
Claims 3-12 and 14-16 are canceled;
Claims 1 and 17 are currently amended; and thus,
Claims 1-2, 13 and 17-18 are pending;
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/03/2024 (2) has been considered by the examiner.
Claim Objections
The previous objection claim 1 is withdrawn in view of the amendment made to the claim.
Claim 1 is objected to because of the following informalities:
Regarding claim 1, the term “the first dielectric layerslayer” and “the supplemental dielectric layerslayer” recited in the last paragraph of the claim appears to be a typographical error.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 13 and 17-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-3, 6, 9-10, 13 and 16-17 of co-pending Application No. 17/698,299 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application
Co-Pending Application 17/698,299)
Claim 1. A plasma generator apparatus for generating atmospheric pressure, low-temperature plasma in sufficient volume to breakdown greenhouse gases due to manufacturing and industrial processes, comprising:
a first electrode that defines a planar bottom surface, the first electrode having a width and length that are each greater than a height extending in a height direction that is perpendicular to the planar bottom surface;
a second electrode that defines, a planar top surface, the second electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the planar top surface, the second electrode opposing the first electrode such that the planar bottom surface of the first electrode faces the planar top surface of the second electrode,
the second electrode arranged so as to define a predetermined gap between the planar bottom surface of the first electrode and the planar top surface of the second electrode, wherein the gap has a height of 2mm;
a first dielectric layer that is disposed on at least a part the planar bottom surface of the first electrode; and
a power supply configured to supply electrical power to the first and second electrodes at a predetermined voltage and frequency, such that, based on the predetermined gap between the first and second electrodes, atmospheric pressure, low-temperature plasma is generated, wherein
the power supply includes an inverter that is configured to output an applied voltage of AC33.3V with a frequency of 60 Hz wherein the power supply includes a booster that receives the output of the inverter and boosts the received voltage at a rate of 150x at 2x intervals, ranging from 3kVto less than 5kVwherein,
for each of the first dielectric layer and the supplemental dielectric layer, the relative permittivity is between 100 and 500, and thickness is less than 1 mm.
at least one supplemental electrode that defines an additional planar bottom surface and an additional planar top surface, each electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the additional planar surfaces, the supplemental electrodes arranged such that the additional planar bottom surface of the supplemental electrode opposes the planar top surface of the second electrode and the additional planar top surface of the supplemental electrode opposes the planar bottom surface of the first electrode;
at least one supplemental dielectric layer that is disposed on the additional planar bottom surface of the at least one supplemental electrode;
Claim 1. A plasma generator for generating atmospheric pressure, low temperature plasma, comprising:
a first electrode that defines a planar bottom surface, the first electrode having a width and length that are each greater than a height extending in a height direction that is perpendicular to the planar bottom surface;
a second electrode that defines a planar top surface, the second electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the planar top surface, the second electrode opposing the first electrode such that the bottom surface of the first electrode faces the top surface of the second electrode;
a first dielectric layer that is disposed on at least a part of the bottom surface of the first electrode, the first dielectric layer having a relative permittivity between 2 and 500, and a thickness of 3 mm or less;
a second dielectric layer that is disposed on at least a part of the top surface of the second electrode, the second dielectric layer having a relative permittivity between 2 and 500, and a thickness of 3 mm or less;
a spacer configured to support the first and second electrodes so as to define a predetermined gap between the first and second dielectric layers; and
a power supply configured to supply electrical power to the first and second electrodes at a predetermined voltage and frequency, such that, based on the predetermined gap between the first and second dielectric layers, atmospheric pressure, low temperature plasma is generated.
Claim 3. The plasma generator of claim 1, wherein
the power supply includes an inverter that is configured to converts DC voltage to AC voltage and is configured to output AC20V-AC100V.
Claim 6. The plasma generator of claim 5, wherein
the inverter is configured to output approximately AC33.3V.
Claim 9. The plasma generator of claim 8, wherein
the inverter is configured to output an applied voltage with a frequency that is approximately 60Hz.
Claim 10. The plasma generator of claim 2, wherein
the power supply includes a booster that receives the output of the inverter and boosts the received voltage at a rate of 150x at 2x intervals, ranging from 3kV-15kV.
Claim 16. The plasma generator of claim 1, wherein,
for each of the first and second dielectric layers, the relative permittivity is between 100 and 500, and thickness is less than 1 mm.
Claim 17
…
a third electrode that defines a planar bottom surface, the third electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the planar bottom surface; and
a third dielectric layer that is disposed on at least a part of the bottom surface of the third electrode, the third dielectric layer having a relative permittivity between 2 and 500, and a thickness of 3 mm or less;
…
2. The plasma generator of claim 1, further comprising a spacer configured to support the first, second, and supplemental electrodes so as to define predetermined gaps between the first and second electrodes and the supplemental top and supplemental bottom electrodes.
13. The plasma generator of claim 1, further comprising a fan configured to move gas to contact the generated plasma, and an ozone decomposition filter to separate ozone from the gas that has contacted the generated plasma.
17. The plasma generator of claim 1, further comprising a second dielectric layer that is disposed on at least a part of the top surface of the second electrode having a relative permittivity between 2 and 500, and a thickness of 3 mm or less.
18. The plasma generator of claim 1, further comprising at least one supplemental bottom dielectric layer that is disposed on the additional planar top surface of the at least one supplemental electrode having a relative permittivity between 2 and 500, and a thickness of 3 mm or less.
2. The plasma generator of claim 1, wherein the power supply is configured to supply AC electrical power, and to be adjustable to provide desired AC voltages to generate stable atmospheric pressure, low temperature plasma.
13. The plasma generator of claim 1, further comprising a fan configured to move gas to contact the generated plasma, and an ozone decomposition filter to separate ozone from the gas that has contacted the generated plasma.
17. The plasma generator of claim 1, wherein the first electrode defines a top surface that is parallel to the bottom surface of the first electrode, the plasma generator further comprising: a supplemental first dielectric layer that is disposed on at least a part of the top surface of the first electrode, the supplemental first dielectric layer having a relative permittivity between 2 and 500, and a thickness of 3 mm or less; a third electrode that defines a planar bottom surface, the third electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the planar bottom surface; and a third dielectric layer that is disposed on at least a part of the bottom surface of the third electrode, the third dielectric layer having a relative permittivity between 2 and 500, and a thickness of 3 mm or less; wherein the spacer is configured to support the third electrode so as to define a second predetermined gap between the supplemental first dielectric layer and the third dielectric layer, and the power supply configured to supply electrical power to all electrodes, including the third electrode, at the predetermined voltage and frequency, such that, based on the second predetermined gap between the supplemental first dielectric layer and the third dielectric layer, atmospheric pressure, low temperature plasma is generated.
Regarding claim 1, although reference application does not explicitly claim the gap has a heigh of 2mm, prior art Machine Translation of WO2022/265006A1 hereinafter “Miyazaki” discloses similar structure wherein a gap between the two electrodes are 2mm in height. (Page.2 L31-37: height of gap is 2mm)
It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to configure the gap to be 2mm.
One of ordinary skill in the art would’ve been motivated because it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claims 1-2, 13 and 17-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-2, 13 and 17 of co-pending Application No. 17,937,671 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
Instant Application
Co-Pending Application 17,937,671)
Claim 1. A plasma generator apparatus for generating atmospheric pressure, low-temperature plasma in sufficient volume to breakdown greenhouse gases due to manufacturing and industrial processes, comprising:
a first electrode that defines a planar bottom surface, the first electrode having a width and length that are each greater than a height extending in a height direction that is perpendicular to the planar bottom surface;
a second electrode that defines, a planar top surface, the second electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the planar top surface, the second electrode opposing the first electrode such that the planar bottom surface of the first electrode faces the planar top surface of the second electrode,
the second electrode arranged so as to define a predetermined gap between the planar bottom surface of the first electrode and the planar top surface of the second electrode, wherein the gap has a height of 2mm;
a first dielectric layer that is disposed on at least a part the planar bottom surface of the first electrode; and
a power supply configured to supply electrical power to the first and second electrodes at a predetermined voltage and frequency, such that, based on the predetermined gap between the first and second electrodes, atmospheric pressure, low-temperature plasma is generated, wherein
the power supply includes an inverter that is configured to output an applied voltage of AC33.3V with a frequency of 60 Hz wherein the power supply includes a booster that receives the output of the inverter and boosts the received voltage at a rate of 150x at 2x intervals, ranging from 3kVto less than 5kVwherein,
for each of the first dielectric layer and the supplemental dielectric layer, the relative permittivity is between 100 and 500, and thickness is less than 1 mm.
at least one supplemental electrode that defines an additional planar bottom surface and an additional planar top surface, each electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the additional planar surfaces, the supplemental electrodes arranged such that the additional planar bottom surface of the supplemental electrode opposes the planar top surface of the second electrode and the additional planar top surface of the supplemental electrode opposes the planar bottom surface of the first electrode;
at least one supplemental dielectric layer that is disposed on the additional planar bottom surface of the at least one supplemental electrode
Claim 1. A plasma generator apparatus for generating atmospheric pressure, low-temperature plasma in sufficient volume to breakdown greenhouse gases due to manufacturing and industrial processes, comprising:
a first electrode that defines a planar bottom surface, the first electrode having a width and length that are each greater than a height extending in a height direction that is perpendicular to the planar bottom surface;
a second electrode that defines, a planar top surface, the second electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the planar top surface, the second electrode opposing the first electrode such that the bottom surface of the first electrode faces the top surface of the second electrode,
the second electrode arranged so as to define a predetermined gap between the planar bottom surface of the first electrode and the planar top surface of the second electrode, wherein the gap has a height of 2mm;
a dielectric layer that is disposed on at least a part of the bottom surface of the first electrode; and
a power supply configured to supply electrical power to the first and second electrodes at a predetermined voltage and frequency, such that, based on the predetermined gap between the first electrode and the second electrode, atmospheric pressure, low temperature plasma is generated, wherein
the power supply includes an inverter that is configured to output an applied voltage of AC33.3 V with a frequency ranging from 60Hz,wherein the power supply includes a booster that receives the output of the inverter and boosts the received voltage at a rate of 150x at 2x intervals, ranging from 3kVto less than 5kV, and wherein,
for each of the first dielectric layer and the supplemental dielectric layer, the relative permittivity is between 100 and 500, and thickness is less than 1 mm.
Claim 2. The plasma generator of claim 1, further comprising a spacer configured to support the first, second, and supplemental electrodes so as to define predetermined gaps between the first and second electrodes and the supplemental top and supplemental bottom electrodes.
Claim 13. The plasma generator of claim 1, further comprising a fan configured to move gas to contact the generated plasma, and an ozone decomposition filter to separate ozone from the gas that has contacted the generated plasma.
Claim 17. The plasma generator of claim 1, further comprising a second dielectric layer that is disposed on at least a part of the top surface of the second electrode having a relative permittivity between 2 and 500, and a thickness of 3 mm or less.
Claim 18. The plasma generator of claim 1, further comprising at least one supplemental bottom dielectric layer that is disposed on the additional planar top surface of the at least one supplemental electrode having a relative permittivity between 2 and 500, and a thickness of 3 mm or less.
Claim 2. The plasma generator of claim 1, further comprising a spacer configured to support the first and second electrodes so as to define a predetermined gap between the second electrode and the dielectric layer.
Claim 13. The plasma generator of claim 1, further comprising a fan configured to move gas to contact the generated plasma, and an ozone decomposition filter to separate ozone from the gas that has contacted the generated plasma.
Claim 17. The plasma generator of claim 1, further comprising a second dielectric layer that is disposed on at least a part of the top surface of the second electrode having a relative permittivity between 2 and 500, and a thickness of 3 mm or less.
Regarding claim 1, although reference application does not explicitly claim the supplementary electrode and supplementary dielectric later, Miyazaki discloses similar structure with a supplementary electrode, as shown in annotated figure below.
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It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to add in additional electrode as disclosed by Miyazaki.
One of ordinary skill in the art would’ve been motivated because it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claims 1-2, 13 and 17-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-3, 9-10 and 13-16 of co-pending Application No. 17,937,588 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
Instant Application
Co-Pending Application 17,937,588
Claim 1. A plasma generator apparatus for generating atmospheric pressure, low-temperature plasma in sufficient volume to breakdown greenhouse gases due to manufacturing and industrial processes, comprising:
a first electrode that defines a planar bottom surface, the first electrode having a width and length that are each greater than a height extending in a height direction that is perpendicular to the planar bottom surface;
a second electrode that defines, a planar top surface, the second electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the planar top surface, the second electrode opposing the first electrode such that the planar bottom surface of the first electrode faces the planar top surface of the second electrode,
the second electrode arranged so as to define a predetermined gap between the planar bottom surface of the first electrode and the planar top surface of the second electrode, wherein the gap has a height of 2mm;
at least one supplemental electrode that defines an additional planar bottom surface and an additional planar top surface, each electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the additional planar surfaces,
the supplemental electrodes arranged such that the additional planar bottom surface of the supplemental electrode opposes the planar top surface of the second electrode and the additional planar top surface of the supplemental electrode opposes the planar bottom surface of the first electrode;
a first dielectric layer that is disposed on at least a part the planar bottom surface of the first electrode; and
Claim 17. The plasma generator of claim 1, further comprising
a second dielectric layer that is disposed on at least a part of the top surface of the second electrode having a relative permittivity between 2 and 500, and a thickness of 3 mm or less.
at least one supplemental dielectric layer that is disposed on the additional planar bottom surface of the at least one supplemental electrode
for each of the first dielectric layer and the supplemental dielectric layer, the relative permittivity is between 100 and 500, and thickness is less than 1 mm.
a power supply configured to supply electrical power to the first and second electrodes at a predetermined voltage and frequency, such that, based on the predetermined gap between the first and second electrodes, atmospheric pressure, low-temperature plasma is generated, wherein
the power supply includes an inverter that is configured to output an applied voltage of AC33.3V with a frequency of 60 Hz wherein the power supply includes a booster that receives the output of the inverter and boosts the received voltage at a rate of 150x at 2x intervals, ranging from 3kVto less than 5kVwherein,
Claim 1. A plasma generator for generating atmospheric pressure, low-temperature plasma, comprising:
a first electrode that defines a planar bottom surface, the first electrode having a width and length that are each greater than a height extending in a height direction that is perpendicular to the planar bottom surface;
a second electrode that defines a planar top surface, the second electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the planar top surface, the second electrode opposing the first electrode such that the bottom surface of the first electrode faces the top surface of the second electrode,
the second electrode arranged so as to define a predetermined gap between the planar bottom surface of the first electrode and the planar top surface of the second electrode;
at least one supplemental electrode that defines an additional planar bottom surface and an additional planar top surface, the at least one supplemental electrode having a width and length that are each greater than a height extending in the height direction that is perpendicular to the additional planar top and bottom surfaces,
the supplemental electrodes arranged such that the additional planar bottom surface of the supplemental electrode opposes the planar top surface of the second electrode and the additional planar top surface of the supplemental electrode opposes the planar bottom surface of the first electrode, so as to define predetermined gaps between the first electrode and the at least one supplemental electrode, between the at least one supplemental electrodes, and between the supplemental electrode and the second electrode;
a first dielectric layer that is disposed on at least a part of the bottom surface of the first electrode having a relative permittivity between 2 and 500, and a thickness of 3 mm or less;
a second dielectric layer that is disposed on at least a part of the top surface of the second electrode having a relative permittivity between 2 and 500, and a thickness of 3 mm or less;
at least one supplemental top dielectric layer that is disposed on the additional planar bottom surface of the at least one supplemental electrode having a relative permittivity between 2 and 500, and a thickness of 3 mm or less; at least one supplemental bottom dielectric layer that is disposed on the additional planar top surface of the at least one supplemental electrode having a relative permittivity between 2 and 500, and a thickness of 3 mm or less; and
a power supply configured to supply electrical power to the first, second, and supplemental electrodes at a predetermined voltage and frequency, such that, based on the predetermined gaps between the first, second, and supplemental electrodes, atmospheric pressure, low temperature plasma is generated.
Claim 3. The plasma generator of claim 1, wherein
the power supply includes an inverter that is configured to converts DC voltage to AC voltage and is configured to output AC20V-AC100V.
Claim 9. The plasma generator of claim 8, wherein
the inverter is configured to output an applied voltage with a frequency that is approximately 60Hz.
Claim 10. The plasma generator of claim 2, wherein
the power supply includes a booster that receives the output of the inverter and boosts the received voltage at a rate of 150x at 2x intervals, ranging from 3kV-15kV.
Claim 2. The plasma generator of claim 1, further comprising a spacer configured to support the first, second, and supplemental electrodes so as to define predetermined gaps between the first and second electrodes and the supplemental top and supplemental bottom electrodes.
Claim 13. The plasma generator of claim 1, further comprising a fan configured to move gas to contact the generated plasma, and an ozone decomposition filter to separate ozone from the gas that has contacted the generated plasma.
Claim 14. The plasma generator of claim 1, wherein, for each of the dielectric layers and the supplemental dielectric layers, the relative permittivity is between 2 and 15, and thickness is between 1 mm and 3 mm.
Claim 18. The plasma generator of claim 1, further comprising at least one supplemental bottom dielectric layer that is disposed on the additional planar top surface of the at least one supplemental electrode having a relative permittivity between 2 and 500, and a thickness of 3 mm or less.
Claim 2. The plasma generator of claim 1, further comprising a spacer configured to support the first, second, and supplemental electrodes so as to define predetermined gaps between the first and second dielectric layers and the supplemental top and supplemental bottom electrodes.
Claim 13. The plasma generator of claim 1, further comprising a fan configured to move gas to contact the generated plasma, and an ozone decomposition filter to separate ozone from the gas that has contacted the generated plasma.
Claim 14. The plasma generator of claim 1, wherein, for each of the first, second, supplemental top, and supplemental bottom dielectric layers, the relative permittivity is between 2 and 15, and thickness is between 1 mm and 3 mm.
Claim 15. The plasma generator of claim 1, wherein, for each of the first, second, supplemental top, and supplemental bottom dielectric layers, the relative permittivity is between 15 and 100, and thickness is less than 2 mm.
Claim 16. The plasma generator of claim 1, wherein, for each of first, second, supplemental top, and supplemental bottom dielectric layers, the relative permittivity is between 100 and 500, and thickness is less than 1 mm.
Regarding claim 1, although reference application does not explicitly claim the gap has a heigh of 2mm, prior art Machine Translation of WO2022/265006A1 hereinafter “Miyazaki” discloses similar structure wherein a gap between the two electrodes are 2mm in height. (Page.2 L31-37: height of gap is 2mm)
It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to configure the gap to be 2mm.
One of ordinary skill in the art would’ve been motivated because it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
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.
The previous rejection to 6-10, 12 and 14-16 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph is moot as the claims are now canceled.
Claims 1-2, 13 and 17-18 are rejected 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.
Regarding claim 1 the claim uses the term “sufficient”. The term “sufficient” is a relative term which renders the claim indefinite because it is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The specification disclose in ¶96 that sufficient stable plasma to sterilize indoor air is at a minimum voltage from 3kV – 7.5kV, however the specification is silent regarding the requirement for sufficient stable plasma to sterilize “manufacturing and industrial process greenhouse gas”
Regrading claim 2, 13 and 17-18, the claims are rejected based upon dependency of rejected independent claim 1 as all dependent claim carries the deficiencies of the base claims.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 18, the claim recites the relative permittivity is between 2 and 500 with a thickness of 3 mm or less; which is a broader range of the permittivity and thickness recited in claim 1 of between 100 to 500 and less 1mm respectively
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any of the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND R CHAI whose telephone number is (571)270-0576. The examiner can normally be reached M-F 9:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander H Taningco can be reached on (571)272-8048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Raymond R Chai/Primary Examiner, Art Unit 2844
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