DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is in response to Applicant’s arguments and amendments filed on 04/13/2026 amending Claims 1 – 4 and 6 – 8 and the marked-up copy of the Substitute Specification filed on 06/25/2026. Claims 1 – 8 are examined
Drawings
The drawings were received on 04/13/2026. These drawings are NOT acceptable.
Figures 1, 2A, 2B, 3A, 3B, 4A, (Detail A, Detail F, and Detail D figures on replacement drawing page 4 of 5), and 7 are objected to because 37 CFR 1.84(p)(3) stated “Numbers, letters, and reference characters must measure at least .32 cm. (1/8 inch) in height. They should not be placed in the drawing so as to interfere with its comprehension. Therefore, they should not cross or mingle with the lines. They should not be placed upon hatched or shaded surfaces. When necessary, such as indicating a surface or cross section, a reference character may be underlined and a blank space may be left in the hatching or shading where the character occurs so that it appears distinct.” The numbers, letters, and reference characters are too small. For example, in Fig. 7 most of the text are illegible smudges in the two charts.
Fig. 1 “DETAIL A” and “DETAIL B” illustrations received on 04/13/2026 contain NEW MATTER. The instant application is a 371 of PCT/EP2021/080513 filed on 11/03/2021 which claims foreign priority to German Patent Application number 102020 128964.2, filed on 11/03/2020 and claims foreign priority to British Patent Application number 2017811.7, filed on 11/11/2020. None of the three priority documents showed Fig. 1 “DETAIL A” and “DETAIL B” illustrations. Therefore Fig. 1 “DETAIL A” and “DETAIL B” illustrations are NEW MATTER that must be removed from Fig. 1.
Figs. 3A and 3B illustrations received on 04/13/2026 contain NEW MATTER. The instant application is a 371 of PCT/EP2021/080513 filed on 11/03/2021 which claims foreign priority to German Patent Application number 102020 128964.2, filed on 11/03/2020 and claims foreign priority to British Patent Application number 2017811.7, filed on 11/11/2020. None of the three priority documents showed Figs. 3A and 3B illustrations. Therefore Figs. 3A and 3B illustrations are NEW MATTER that must be removed and replaced by original Fig. 3.
Replacement drawing page 4 of 5 containing thirteen figures labeled “DETAIL A”, “DETAIL F”, and “DETAIL D” received on 04/13/2026 contain NEW MATTER. The instant application is a 371 of PCT/EP2021/080513 filed on 11/03/2021 which claims foreign priority to German Patent Application number 102020 128964.2, filed on 11/03/2020 and claims foreign priority to British Patent Application number 2017811.7, filed on 11/11/2020. None of the three priority documents showed the thirteen figures labeled “DETAIL A”, “DETAIL F”, and “DETAIL D” on replacement drawing page 4 of 5. In fact, each one of the three priority documents only had four drawing sheets as compared to the five replacement drawing sheets received on 04/13/2026. Therefore all the illustrations on replacement drawing page 4 of 5 received on 04/13/2026 are NEW MATTER that must be removed.
Replacement drawing page 4 of 5 containing thirteen figures labeled “DETAIL A”, “DETAIL F”, and “DETAIL D” received on 04/13/2026 are objected to because 37 CFR 1.84(u)(1) stated “The different views must be numbered in consecutive Arabic numerals, starting with 1, independent of the numbering of the sheets and, if possible, in the order in which they appear on the drawing sheet(s). Partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a capital letter. View numbers must be preceded by the abbreviation "FIG." Where only a single view is used in an application to illustrate the claimed invention, it must not be numbered and the abbreviation "FIG." must not appear.” None of the thirteen figures are labeled with “FIG. #” as required by 37 CFR 1.84(u)(1).
The original drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an auxiliary coil positioned behind the anode and near the arc-attachment area” must be shown or the feature(s) canceled from Amended Claim 1. None of the original figures showed the newly amended limitations. No new matter should be entered.
The original drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “thermal insulation assembly comprising: (i) a first insulating layer comprising caesium-infused silicon carbide, (ii) a second insulating layer comprising mullite or a titanium alloy, and (iii) one or more aerogel insulating layers” must be shown or the feature(s) canceled from Amended Claim 1. None of the original figures showed the newly amended limitations. No new matter should be entered.
The original drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “at least one sensor embedded in the thermal insulation assembly and configured to monitor at least one of temperature and pressure” must be shown or the feature(s) canceled from Amended Claim 1. None of the original figures showed the newly amended limitations. No new matter should be entered.
The original drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “control software in communication with the at least one sensor” must be shown or the feature(s) canceled from Amended Claim 1. None of the original figures showed the newly amended limitations. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed 04/13/2026 and 06/25/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Para. [0018] was amended to describe NEW Figs. 3A and 3B which are objected to in the Drawing Objection section above for showing NEW MATTER.
Para. [0040] was amended to describe NEW Figs. 3A and 3B which are objected to in the Drawing Objection section above for showing NEW MATTER.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 – 8 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.
Independent Claim 1, ll. 31 - 33 was amended with “an auxiliary coil positioned behind the anode and near the arc-attachment area and configured to locally reduce magnetic field strength at the arc-attachment area to minimize anode fall voltage…” to overcome the combination of applied references in the Office Action mailed on 10/14/2025. Applicant’s 04/13/2026 reply did not cite the location (by paragraph number or page and line numbers) in the original specification of the enabling disclosure for the above recited amendment to Claim 1. A search of the original disclosure of this application (filed 05/03/2023) did not result in locating enabling disclosure for the above recited amendment to Claim 1. As discussed in the above Drawing objection, none of the original figures showed the newly amended limitations. A text search of the original disclosure failed to reveal the claimed “auxiliary coil” limitation. Claim 1 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. Claims 2 – 8 depend from Claim 1 and are rejected for the same reason.
Dependent Claim 3, ll. 2 – 4 was amended with “crvostat comprises a vacuum vessel and a cryogenic coolinq system thermally coupled to the first and second sets of superconducting coils” to overcome the combination of applied references in the Office Action mailed on 10/14/2025. Applicant’s 04/13/2026 reply did not cite the location (by paragraph number or page and line numbers) in the original specification of the enabling disclosure for the above recited amendment to Claim 3. A search of the original disclosure of this application (filed 05/03/2023) did not result in locating enabling disclosure for the above recited amendment to Claim 3. As discussed in the above Drawing objection, none of the original figures showed the newly amended limitations. A text search of the original disclosure failed to reveal the claimed “vacuum vessel” and “cryogenic coolinq system” limitations. A text search of the original disclosure failed to reveal the claimed words “vacuum” and “vessel”. Claim 3 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement.
Dependent Claim 6, ll. 3 – 4 was amended with “the at least one operating parameter includes at least one of propellant mass flow rate, coil current, or auxiliary coil current” to overcome the combination of applied references in the Office Action mailed on 10/14/2025. Applicant’s 04/13/2026 reply did not cite the location (by paragraph number or page and line numbers) in the original specification of the enabling disclosure for the above recited amendment to Claim 6. A search of the original disclosure of this application (filed 05/03/2023) did not result in locating enabling disclosure for the above recited amendment to Claim 6. A text search of the original disclosure failed to reveal the claimed “coil current” and “auxiliary coil current” limitations and that they were one of the operating parameters adjusted by the claimed control software as recited in Claim 1, ll. 40 - 42. A text search of the original disclosure only revealed a single appearance of the claimed limitation “mass flow rate” which only was discussed in Para. [0054]. Para. [0054] failed to describe that the “mass flow rate” was one of the operating parameters adjusted by the claimed control software as recited in Claim 1, ll. 40 - 42. The original written description only disclosed the claimed “control software” a single time. Para. [0032] disclosed “Such sensors are connected with the thruster control software by means of telemetry in order to adjust operational parameters to respond to changes in detected values. Should, for example, the sensors detect a higher temperature (or an unexpected increase in temperature) in the thermal management system, this could imply that heat is being lost from the interior of the propulsion unit 10 and the efficiency of the propulsion unit 10 being reduced.” Para. [0032] failed to describe what the “operational parameters” were. No other paragraph in the original written description described claimed limitations “the at least one operating parameter includes at least one of propellant mass flow rate, coil current, or auxiliary coil current”. Claim 6 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement.
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.
Response to Arguments
Applicant’s 04/13/2026 arguments with respect to Claims 1 - 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORNE E MEADE whose telephone number is (571)270-7570. The examiner can normally be reached Monday - Friday 8-5 EST.
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/LORNE E MEADE/Primary Examiner, Art Unit 3741
