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 .
DETAILED ACTION
The applicant’s amendment/remarks dated 17/987,528 has been received, entered and fully considered. Claims 1-3, 10-14, and 16 are amended. Claims 6 and 9 are cancelled. Claim 21 is newly added. Claims 1-5, 7-8, and 10-21 are currently pending and are under examination.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5, 7-8, and 11-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The amended limitation “…an electrical power source receiving electrical power from solar energy; an electric rocket engine powered by said power source…” in line 2 of independent claim 1 do not seem to be supported by the specification or the drawings. There is not support in the specification or the drawings or the original claim sets disclosing electrical power is from a solar energy and the disclosed electric rocket engine is powered by said power source. The recitation in para. [0031] of the specification as filed describes the rocket thruster 56 can be powered by an electrical power but silent to where the electrical power is coming from. That can potentially be from an onboard battery source. The only place a solar arrays are recited in the specification is in para. [0022] as filed and it only discloses that the one or more fins 54 that can be used as solar arrays and/or antennas and do not describe the solar arrays as being a source of electrical power powering the electric rocket engine. Therefore, the amended limitation is considered as new matter.
The amended limitation “…solar array is an electrical power source for electric power; an electric rocket engine powered by said electric power…” in line 2-3 of independent claim 10 do not seem to be supported by the specification or the drawings. There is not support in the specification or the drawings or the original claim sets disclosing electrical power is from a solar array and the disclosed electric rocket engine is powered by said power electric power. The recitation in para. [0031] of the specification as filed describes the rocket thruster 56 can be powered by an electrical power but silent to where the electrical power is coming from. That can potentially be from an onboard battery source. The only place a solar arrays are recited in the specification is in para. [0022] as filed and it only discloses that the one or more fins 54 that can be used as solar arrays and/or antennas and do not describe the solar arrays as being a source of electrical power powering the electric rocket engine. Therefore, the amended limitation is considered as new matter.
Dependent claims 2-5, 7-8, and 11-21 are also rejected under the same rationale as the rejections of the independent claims above solely based on their dependency from the rejected parent claims.
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 3 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.
It is not clear from the recitation “…wherein the cooling system includes a cooling loop located prior to a discharge of said electric rocket engine…” in line 2-3 of Claim 3 what “…prior to a discharge of said electric rocket engine” mean and how an electric rocket engine is discharged. Appropriate correction/clarification required.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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Assres H. Woldemaryam
Primary Examiner (Aeronautics and Astronautics)
Art Unit 3642
/ASSRES H WOLDEMARYAM/Primary Examiner, RD00