DETAILED ACTION
The Applicant’s amendment filed on March 9, 2026 was received. Claims 1 and 24 were amended.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Drawings
The drawings are objected to because figures 1-2a/b, have references numbers that are not clearly legible. For example #102. It is requested the figures be resubmitted with numbers that have easier readability, such as #105 in fig. 1.
The 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 extension tube comprises a stepped shape having cylindrical volumes, must be shown or the feature(s) canceled from the claim(s). 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.
Claim Interpretation
Claim limitation “microwave radiation source for generating microwave radiation” in claims 1, 9, and 24 has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “source” coupled with functional language “generating microwave radiation” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. The term “source” is merely a generic placeholder for the term “means.” The term of microwave before the term of source does not represent a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1, 9, and 24 has/have been interpreted to cover “a microwave generator” corresponding to structure described in the specification that achieves the claimed function, and equivalents thereof (Spec., para 0039).
Claim limitation “material feeding system” in claims 1, 18, 19, 20, and 24 has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “system” coupled with functional language “material feeding” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. The term “system” is merely a generic placeholder for the term “means.” The phrase of material feeding before the term of system does not represent a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1, 18, 19, 20, and 24 has/have been interpreted to cover “a hopper” corresponding to structure described in the specification that achieves the claimed function, and equivalents thereof (Spec., para 0057).
Claim limitation “gas supply system” in claims 7 and 8 has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “system” coupled with functional language “gas supply” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. The term “system” is merely a generic placeholder for the term “means.” The phrase of gas supply before the term of system does not represent a structural modifier
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 7 and 8 has/have been interpreted to cover “a gas injector” corresponding to structure described in the specification that achieves the claimed function, and equivalents thereof (Spec., para 0031, 0042).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
Claims 1, 6, 7, 8, 12, 13, 14, 18, 20, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Hadidi (US 6362449) in view of Kim (US 20120295033), Barnes (US 20190381564) and Wright (US 5844192).
Regarding claims 1, 6, 18, 20, 22, and 23, Hadidi teaches a microwave plasma apparatus for processing a material, the microwave plasma apparatus comprising:
a reaction chamber (54) (col. 6, lines 60-67 through col. 7, lines 1-24; see for example Fig. 3);
a microwave plasma applicator (10) in communication with the reaction chamber (54) (col. 6, lines 4-42; see for example Figs. 1 and 3);
at least one microwave radiation source (14) for generating microwave radiation (col. 6, lines 60-67; see for example Fig. 3);
at least one waveguide configured to direct the microwave radiation from the at least one microwave radiation source (14) to the microwave plasma applicator (10) to generate a microwave plasma plume (24) (col. 6, lines 60-67 through col. 7, lines 1-24; see for example Fig. 3); and
a material feeding system (56) in communication with the reaction chamber (54) (col. 7, lines 11-13; see for example Figs. 3);
wherein the microwave plasma applicator (10) Is configured to generate a microwave plasma plume (24) (col. 7, lines 11-13; see for example Fig. 3);
wherein the microwave plasma applicator (10) has a downstream swirling gas flow (col. 6, lines 18-41).
Hadidi further teaches “One or more microwave plasma torches can be combined and mounted on the furnace chamber 54 to provide more power as needed” (col. 7, lines 17-19).
Thus, Hadidi teaches providing a plurality of microwave plasma applicators (10) in communication with the reaction chamber (54).
Hadidi further teaches providing each microwave plasma applicator (10) with a microwave radiation source (14) and waveguide (20) (col. 6, lines 4-42; see for example Fig. 1).
Thus, Hadidi teaches at least one waveguide (20) configured to direct the microwave radiation from at least one microwave radiation source (14) to a plurality of microwave plasma applicators (10) to generate a plurality of microwave plasma plumes (24).
Hadidi further shows the microwave plasma applicator (10) installed on a wall of the reaction chamber (54) (see for example Fig. 3).
Hadidi does not explicitly teach an extension tube surrounding the plasma plumes and extending into reaction chamber (54); wherein the plasma applicators (10) are arranged such that the plasma plume (24) from each plasma applicator (10) converges to form a combined plasma plume.
However, Kim teaches a material feeding system (290) configured to feed material between plasma applicators (210a, 210b, 210c), and an extension tube (260) surrounding plasma plumes (250) that extends into reaction chamber (300), wherein the plasma applicators (210a, 210b, 210c) are arranged such that each plasma plume generated by plasma applicator (210a, 210b, 210c) converges to form a combined plasma plume (250), and the plasma applicators (210a, 210b, 210c) are angled towards a central axis, and an angle between each of the plasma applicators (210a, 210b, 210c) and the central axis is between 0-90° (para 0054, 0058, 0060; see for example Fig. 2D), for the benefit of the materials undergoing uniform reaction (see para 0058) and effectively maintaining temperature to enhance reactivity (see para 0060).
The ordinary artisan would not draw the field of relevant art so narrowly so as to limit it only to plasma applicators that exclusively generate plasma with microwave energy, but rather would recognize that using arrangements of various other plasma application systems offers advantages and benefits that would also apply to microwave plasma applicators.
In combining the prior art references, the ordinary artisan would arrange plasma applicators on the same wall of reaction chamber 54 as plasma applicator (10) due to outlet 58 (see annotated Fig. 3 of Hadidi and Fig. 2D of Kim below).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to: 1) arrange the microwave plasma applicators (10) such that each plasma plume (24) converges to form a combined plasma plume; 2) modify the material feeding system to inject materials into the plasma plumes; 3) and provide an extension tube surrounding the microwave plasma plumes in the apparatus of Hadidi, as taught by Kim, for the benefit of the materials undergoing uniform reaction and effectively maintaining temperature to enhance reactivity.
As mentioned above, Hadidi teaches a material feeding system (56) in communication with the reaction chamber (54) (col. 7, lines 11-13).
Neither Kim nor Hadidi explicitly teach a swirling gas flow for entraining the injected material into the plasma plumes.
However, Barnes teaches a microwave plasma applicator having a downstream swirling gas flow, wherein the downstream swirling gas flow is an entrainment flow or a sheath flow (para 0120-0124); and a material feeding system configured to inject a material into the plasma plume from above (para 0121), wherein the material injected by the material feeding system is configured to be entrained by a swirling entrainment gas flow (para 0120, 0124), for the benefit of extending the torch lifetime, engaging the plasma downstream at desired melting temperatures suitable for powders, and accelerating powders towards the plasma (para 0120-0121, 0124; see for example Figs. 12A,B).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the microwave plasma applicators and material feeding system in the apparatus of the previous art combination above, as taught by Barnes, for the benefit of extending the torch lifetime, engaging the plasma downstream at desired melting temperatures suitable for powders, and accelerating powders towards the plasma.
The proposed modification would yield process material being fed between the microwave plasma applicators in the apparatus of the prior art combination of Hadidi and Kim since process material is fed from opposite sides of each plasma applicator (see for example Fig. 12B of Barnes).
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Neither Kim, Hadidi or Barnes explicitly teach a the extension tube extends downward from the plurality of microwave plasma applicators into the reaction chamber to guide the plurality of microwave plasma plumes and concentrate energy from the plurality of microwave plasma applicators into a smaller volume, thereby extending and directing the plurality of microwave plasma plumes, where the extension tube comprises a stepped shape having cylindrical volumes.
However, Wright teaches a thermal spray apparatus comprising a confinement tube (22) connected to a plasma filter (42, extension tube) with an aperture (44). Wright teaches the plasma filter extends downwards from a confinement tube (22) of a plasma generator (12). Wright teaches the plasma filter permits coating in center areas by only allowing discharge through the aperture (fig. 2; col. 3, lines 45- col. 4, line 25, col. 5, line 35- col. 6, line 10).
Wright teaches the plasma filter comprises a stepped shape along a body (45) and has a cylindrical volume (fig. 2; col. 4, lines 10-25).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the plasma filter of Wright onto the extension tube of Kim, Hadidi and Barnes because Wright teaches it will provide a coating with higher density (col. 3, lines 18-23).
Regarding claim 7, Hadidi further teaches gas supply system (28) in communication with the plasma applicator (10) (col. 6, lines 18-42; see for example Figs. 1 and 3).
Regarding claim 8, Hadidi further teaches that the plasma applicator (10) is configured to generate a plasma plume (24) when gas is introduced to the plasma applicator (10) from the gas supply system (28) (col. 6, lines 18-42; see for example Figs. 1 and 3).
Regarding claims 12, 13, and 14, as mentioned above, Hadidi does not explicitly teach an extension tube surrounding the plasma plumes and extending into reaction chamber (54); wherein the plasma applicators (10) are arranged such that the plasma plume (24) from each plasma applicator (10) converges to form a combined plasma plume.
However, Kim further teaches the number of plasma applicators may comprise two, three, or four microwave plasma applicators (para 0054; see for example Fig. 2D), wherein the plasma applicators (10) are planarly disposed relative to at least one other plasma applicator (10) at an angle of about 90°, about 120°, or about 180° (para 0054; see for example Fig. 2D), and the plasma applicators (10) are arranged in a planar geometry relative to one another (para 0054; see for example Fig. 2D), for the benefit of the materials undergoing uniform reaction and effectively maintaining temperature to enhance reactivity.
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to arrange the microwave plasma applicators (10) in the claimed manner in the apparatus of Hadidi, as taught by Kim, for the benefit of the materials undergoing uniform reaction and effectively maintaining temperature to enhance reactivity.
Claims 9, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hadidi (US 6362449) in view of Kim (US 20120295033), Barnes (US 20190381564) and Wright (US 5844192) as applied to claim 1 above, and in further view of Risby (US 20120034135, already of record).
Regarding claim 9, as mentioned above, Hadidi teaches providing each microwave plasma applicator (10) with a microwave radiation source (14) and waveguide (20) (col. 6, lines 4-42; see for example Fig. 1).
The previous art combination do not explicitly teach an equal number of microwave plasma applicators (10), microwave radiation sources (14), and waveguides (20).
However, Risby teaches a microwave plasma apparatus comprising the same number of magnetrons 301 (microwave radiation sources) and the same number of waveguides 302 as the number of microwave plasma nozzles 105(305) (applicator) (para 0062-0063, 0084; see for example Fig. 3), for the benefit of adding together the outputs of each plasma generator (para 0085).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide each plasma applicator (10) with a respective microwave radiation source (14) and waveguide (20) in the apparatus of the previous art combination above, as taught by Risby, for the benefit of adding together the outputs of each plasma generator.
Regarding claim 19, Hadidi further teaches that the reaction chamber (54) includes an outlet (58).
The previous art combination above does not explicitly teach that the material feeding system is configured to direct process materials to the reaction chamber (54) from a horizontal direction below outlet (58).
However, Risby further teaches unused nozzles 105 (material feeding system) configured to direct process materials to reaction chamber (102) from a horizontal direction below the outlet (101), for the benefit of collecting gaseous reaction products (para 0064, 0082; see for example Fig. 1).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the material feeding system to direct process materials to the reaction chamber (54) from a horizontal direction below outlet (101) in the apparatus of the previous art combination above, as taught by Risby, for the benefit of collecting gaseous reaction products.
Regarding claim 21, the previous art combination does not explicitly teach that the microwave plasma plumes (54) are adjustable.
However, Risby further teaches that the length of the plurality of microwave plasma plumes may be adjusted by varying parameters such as the power, plasma gas flow, and type of gas, for the benefit of obtaining desired reaction outputs (para 0065-0066).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the microwave plasma plumes to be adjustable in the apparatus of the previous art combination above, as taught by Risby, for the benefit of obtaining desired reaction outputs.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Hadidi (US 6362449) in view of Kim (US 20120295033) and Risby (US 20120034135) and Wright (US 5844192).
Regarding claim 24, Hadidi teaches a microwave plasma apparatus for processing a material, the microwave plasma apparatus comprising:
a reaction chamber (54) having an outlet (60) (col. 6, lines 60-67 through col. 7, lines 1-24; see for example Fig. 3);
a microwave plasma applicator (10) in communication with the reaction chamber (54) (col. 6, lines 4-42; see for example Figs. 1 and 3);
at least one microwave radiation source (14) for generating microwave radiation (col. 6, lines 60-67; see for example Fig. 3);
at least one waveguide configured to direct the microwave radiation from the at least one microwave radiation source (14) to the microwave plasma applicator (10) to generate a microwave plasma plume (24) (col. 6, lines 60-67 through col. 7, lines 1-24; see for example Fig. 3); and
a material feeding system (56) in communication with the reaction chamber (54), wherein the material feeding system (56) is configured to feed material from above the outlet (60) (col. 7, lines 11-13; see for example Figs. 3),
wherein the microwave plasma applicator (10) Is configured to generate a microwave plasma plume (24) (col. 7, lines 11-13; see for example Fig. 3);
wherein the microwave plasma applicator (10) has a downstream swirling gas flow (col. 6, lines 18-41).
Hadidi further teaches “One or more microwave plasma torches can be combined and mounted on the furnace chamber 54 to provide more power as needed” (col. 7, lines 17-19).
Thus, Hadidi teaches providing a plurality of microwave plasma applicators (10) in communication with the reaction chamber (54).
Hadidi further teaches providing each microwave plasma applicator (10) with a microwave radiation source (14) and waveguide (20) (col. 6, lines 4-42; see for example Fig. 1).
Thus, Hadidi teaches at least one waveguide (20) configured to direct the microwave radiation from at least one microwave radiation source (14) to a plurality of microwave plasma applicators (10) to generate a plurality of microwave plasma plumes (24).
Hadidi further shows the microwave plasma applicator (10) installed on a wall of the reaction chamber (54) (see for example Fig. 3).
Hadidi does not explicitly teach an extension tube surrounding the plasma plumes and extending into reaction chamber (54); wherein the plasma applicators (10) are arranged such that the plasma plume (24) from each plasma applicator (10) converges to form a combined plasma plume.
However, Kim teaches a material feeding system (290) configured to feed material between plasma applicators (210a, 210b, 210c) from above, and an extension tube (260) surrounding plasma plumes (250) that extends into reaction chamber (300), wherein the plasma applicators (210a, 210b, 210c) are arranged such that each plasma plume generated by plasma applicator (210a, 210b, 210c) converges to form a combined plasma plume (250), and the plasma applicators (210a, 210b, 210c) are angled towards a central axis, and an angle between each of the plasma applicators (210a, 210b, 210c) and the central axis is between 0-90° (para 0054, 0058, 0060; see for example Fig. 2D), for the benefit of the materials undergoing uniform reaction (see para 0058) and effectively maintaining temperature to enhance reactivity (see para 0060).
The ordinary artisan would not draw the field of relevant art so narrowly so as to limit it only to plasma applicators that exclusively generate plasma with microwave energy, but rather would recognize that using arrangements of various other plasma application systems offers advantages and benefits that would also apply to microwave plasma applicators. In combining the prior art references, the ordinary artisan would arrange plasma applicators on the same wall of reaction chamber 54 as plasma applicator (10) due to outlet 58 (see annotated Fig. 3 of Hadidi and Fig. 2D of Kim below).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to: 1) arrange the microwave plasma applicators (10) such that each plasma plume (24) converges to form a combined plasma plume; 2) modify the material feeding system to inject materials into the plasma plumes from above; 3) and provide an extension tube surrounding the microwave plasma plumes in the apparatus of Hadidi, as taught by Kim, for the benefit of the materials undergoing uniform reaction and effectively maintaining temperature to enhance reactivity.
As mentioned above, Hadidi teaches providing each microwave plasma applicator (10) with a microwave radiation source (14) and waveguide (20) (col. 6, lines 4-42; see for example Fig. 1).
Hadidi does not explicitly teach an equal number of microwave plasma applicators (10), microwave radiation sources (14), and waveguides (20).
However, Risby teaches a microwave plasma apparatus comprising the same number of magnetrons 301 (microwave radiation sources) and the same number of waveguides 302 as the number of microwave plasma nozzles 105(305) (applicator) (para 0062-0063, 0084; see for example Fig. 3), for the benefit of adding together the outputs of each plasma generator (para 0085).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide each plasma applicator (10) with a respective microwave radiation source (14) and waveguide (20) in the apparatus of the previous art combination above, as taught by Risby, for the benefit of adding together the outputs of each plasma generator.
Neither Kim, Hadidi, Barnes or Risby explicitly teach a the extension tube extends downward from the plurality of microwave plasma applicators into the reaction chamber to guide the plurality of microwave plasma plumes and concentrate energy from the plurality of microwave plasma applicators into a smaller volume, thereby extending and directing the plurality of microwave plasma plumes, where the extension tube comprises a stepped shape having cylindrical volumes.
However, Wright teaches a thermal spray apparatus comprising a confinement tube (22) connected to a plasma filter (42, extension tube) with an aperture (44). Wright teaches the plasma filter extends downwards from a confinement tube (22) of a plasma generator (12). Wright teaches the plasma filter permits coating in center areas by only allowing discharge through the aperture (fig. 2; col. 3, lines 45- col. 4, line 25, col. 5, line 35- col. 6, line 10).
Wright teaches the plasma filter comprises a stepped shape along a body (45) and has a cylindrical volume (fig. 2; col. 4, lines 10-25).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the plasma filter of Wright onto the extension tube of Kim, Hadidi, Barnes and Risby because Wright teaches it will provide a coating with higher density (col. 3, lines 18-23).
Response to Arguments
Applicant's arguments filed March 9, 2026 have been fully considered but they are not persuasive.
Applicant’s principal arguments are:
Kim does not have an extension tube that extends downward from the plurality of microwave plasma applicators into the reaction chamber," that "guides" the plasma plumes, or that "concentrates" energy from a plurality of microwave plasma applicators.
Kim's plasma torches (210a, 210b, 210c) are thermal plasma torches that produce an electrical arc with an electric current. Kim at [0079]. Kim does not teach or suggest a microwave plasma device anywhere in its specification. Thus, Kim cannot teach a microwave plasma apparatus comprising "the same number of microwave radiation sources and the same number of waveguides as the number of microwave plasma applicators," as recited in Claim 24.
In response to Applicant’s arguments, please consider the following comments:
A new grounds rejection which incorporates Wright with Kim, Hadidi and Barnes is presented above to address the amendment.
In response to applicant's argument that Kim's plasma torches is nonanalogous, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, The ordinary artisan would not draw the field of relevant art so narrowly so as to limit it only to plasma applicators that exclusively generate plasma with microwave energy, but rather would recognize that using arrangements of various other plasma application systems offers advantages and benefits that would also apply to microwave plasma applicators. Further, Kim is analogous, as Kim teaches a material such as powder is feed to the generated plasma flow.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Binu Thomas whose telephone number is (571)270-7684. The examiner can normally be reached Monday to Thursday, 8:00AM-5:00PM PT.
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/Binu Thomas/Primary Examiner, Art Unit 1717
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