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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 18, 20-26 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Kim (US 2019/0074118).
Regarding claims 18, 25, 26; Kim teaches HTS field coil having electromagnetic properties (electromagnet; abstract) comprising turns comprising a HTS material wound about an axis of the coil (abstract), the turns being separated from one another along a direction perpendicular to the to the axis by one or more layers comprising magnetoresistive material having an electrical resistivity that, at a temperature less than a generation temperature of the HTS material, decreases in response to an applied magnetic field, whereby the electrical resistance between the turns along the direction perpendicular to the axis decreases as electrical current is supplied to the coil (VO meets this limitation as applicant’s specification states that VO can be used as the material; para. 0013-0019; see applicant’s specification at page 15-16).
Regarding the properties recited in claims 20-22, it appears that the material of Kim (VO, inter alia; para. 0013-0019) necessarily has the claimed properties as applicant describes VO as a suitable insulator material that can be used instead of europium dicarbide. See applicant’s specification at page 16.
Regarding claim 23 and 25, Kim teaches that the turns are formed from lengths of HTS tapes comprising HTS layers on a flexible substrate (para. 0085).
Regarding claim 24, Kim teaches the magnetoresistive material is provided on a flexible substrate that is co-wound about the axis of the coil with one or more lengths of HTS tape (MIT material disposed on a mesh structure is co-wound with the superconductor tape and therefore must be flexible; para. 0018-0020, 0022).
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) 19 and 18, 20-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Heyer (“Thermodynamic properties and resistivity of the ferromagnetic semiconductor EuC2”) and Heyer2 (“Measurements of thermodynamic and transport properties of EuC2…”).
Kim teaches a coil as described above in claim 18, but fails to teach that the magnetoresistive material is EuC2.
Kim, however, teaches that the magnetoresistive material is a metal insulator transition material that has a transition temperature lower than the transition temperature of the superconductor.
Heyer additionally teaches that EuC2 is a metal insulator transition material (page 9) and Heyer2 teaches that EuC2 has a transition temperature of 15 K (abstract).
Therefore, it would have been obvious to one of ordinary skill in the art to provide EuC2 as the MIT material in Kim in order to provide a known MIT material that has a transition temperature lower than the transition temperature of the HTS material as taught by Heyer and Heyer2.
If the properties recited in claims 18, 20-22 are not taught by Kim, this rejection will be applied herein. Additionally, it appears that EuC2 taught by Heyer, Heyer2 meet the limitations of the properties of claims 18, 20-22.
Claim(s) 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Mcnamara (WO 2019/008349; see US 2020/0168352 for citations).
Kim teaches a coil as described in claim 18, but fails to teach that the coil is part of a tokamak fusion reactor and generate a magnetic field within a plasma vessel.
Mcnamara, however, teaches controlling plasma in a nuclear fusion reactor (abstract) comprising superconductor magnets including toroidal and poloidal coils (para. 0020-0022).
Therefore, it would have been obvious to one of ordinary skill in the art to provide the superconductor coil of Kim in in a nuclear fusion reactor comprising superconductor magnets including toroidal and poloidal coils in order to control plasma as taught by Mcnamara.
Claim(s) 29-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kurusu (US 2009/0046399).
Kim teaches a superconductor coil as described above in claim 18, but fails to teach a detection unit to detect a loss of superconductivity in the HTS and a quench protection unit configured to transfer electrical current from the coil to an external resistive load in response to the detection.
Kurusu, however, teaches a superconductor coil quench system for a superconductor coil (abstract) comprising a detection unit (para. 0013-0014) and a quench protection unit configured to transfer current from the coil to a varistor (para. 0075-0076).
Therefore, it would have been obvious to one of ordinary skill in the art to provide the superconducting coil of Kim with a quench system comprising a detection unit and a quench protection unit configured to transfer current from the coil to a varistor in order to protect against quench as taught by Kurusu.
Regarding claim 31, Kurusu teaches a method of using the system thereof. See previous citations.
Claim(s) 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Heyer and Heyer2 and Mcnamara (WO 2019/008349; see US 2020/0168352 for citations).
Kim teaches a coil as described in claim 18, but fails to teach that the coil is part of a tokamak fusion reactor and generate a magnetic field within a plasma vessel.
Mcnamara, however, teaches controlling plasma in a nuclear fusion reactor (abstract) comprising superconductor magnets including toroidal and poloidal coils (para. 0020-0022).
Therefore, it would have been obvious to one of ordinary skill in the art to provide the superconductor coil of Kim in in a nuclear fusion reactor comprising superconductor magnets including toroidal and poloidal coils in order to control plasma as taught by Mcnamara.
Claim(s) 29-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Heyer and Heyer2 and Kurusu (US 2009/0046399).
Kim teaches a superconductor coil as described above in claim 18, but fails to teach a detection unit to detect a loss of superconductivity in the HTS and a quench protection unit configured to transfer electrical current from the coil to an external resistive load in response to the detection.
Kurusu, however, teaches a superconductor coil quench system for a superconductor coil (abstract) comprising a detection unit (para. 0013-0014) and a quench protection unit configured to transfer current from the coil to a varistor (para. 0075-0076).
Therefore, it would have been obvious to one of ordinary skill in the art to provide the superconducting coil of Kim with a quench system comprising a detection unit and a quench protection unit configured to transfer current from the coil to a varistor in order to protect against quench as taught by Kurusu.
Regarding claim 31, Kurusu teaches a method of using the system thereof. See previous citations.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAUL A WARTALOWICZ/Primary Examiner, Art Unit 1735
Prosecution Insights