DETAILED ACTION
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 .
Response to Amendment
Applicant's amendment filed on 7/23/2026 has been entered.
Claims 1-67 were previously cancelled.
Claims 68, 73, 78, 80, and 84-87 have been amended
Claims 69-71, 75-77, 79, and 81-83 are as previously presented.
Claims 72 and 74 have been canceled.
Claims 68-71, 73, and 75-87 are still pending in this application, with claims 68 and 85 being independent.
Applicant’s amendment overcomes the 4/24/2026 rejection under 35 U.S.C. 112(b) of claim 73, claim 78, claim 80, claim 84, claim 85, claim 86, and claim 87. The rejection has been withdrawn.
Applicant’s arguments regarding amended claim 68 are not persuasive [“Therefore, Wilkes does not teach " at least a first deposit of energetic particles deposited as a layer on a surface of the at least one heat receiving object" as recited in amended claim 68, as Wilkes teaches a ferromagnetic susceptor which provides heat for a reaction which occurs on top of the susceptor.”]. Examiner maintains that a PHOSITA would agree that a susceptor is an object configured to receive heat, and is typically formed of graphite [Wilkes pps. 2-3: “In an IH nanostructure reactor, high purity graphite is typically formed into the shape of a boat and used as the susceptor. The susceptor boat lies within the radio frequency (hereinafter "RF") field, absorbs its energy, and heats the catalyst and other reactants.”], wherein Wilkes has been presented as teaching an improved susceptor that includes a layer of ferromagnetic material on a surface thereof, or embedded therein, so as to apply generated heat to a catalyst and reagents to form nanostructures on the susceptor [i.e., the desired effect]. Specifically, the susceptor has a particular thermal mass that is further heated by the ferromagnetic material [e.g., a conventional susceptor with a layer of ferromagnetic foil conventionally applied as a coating on a surface thereof; the well-understood practice evidenced at least by Boege, disclosing a similar layer of carbon nanotubes deposited on a surface of a substrate para. 0035: “At least one of the one or more loops can be provided in the form of a film, a coating, a layer, a thin sheet, a thin coating of an electrically conductive material, a thin coating of metal, a wire, or a combination thereof. The one or more loops can be corrosion resistant.”; para. 0075: “According to various embodiments, electrical conductor 104, 114, 120, 122, 124 can comprise carbon or carbon nanotubes. Electrical conductor 104, 114, 120, 122, 124 can be disposed on the surface 142 of substrate 140, for example, as a film, as an electroplate layer, or co-molded with carbon”].
Claim Interpretation
The claims are directed towards a method of controlled heating of an object, and a thermal control system wherein upon application of an energy source to a first deposit of energetic particles [i.e., the conventional practice of supplying an electric and/or magnetic field to a heating element to generate heat in the heating element, e.g., inductively or electromagnetically (paras. 0019-23), or resistively (in this case, a resistive wire is energized in order to heat a nearby deposit; para. 0098); para. 0077: “The energy source 110 produces any type of energy which is capable of being applied to the deposit of nanothermite particles 120 to cause the nanothermite particles to produce heat. For example, the energy source 100 may produce a laser, a maser, infrared light, terahertz, millimeter waves, microwaves, or any other energy which can act on the nanothermite particles 120 lectromagnetically. The energy source may be a permanent magnet or magnets which can act upon the nanothermite particles when brought close to the nanothermite particles using magnetic induction, for example, the energy source may be a system which resembles a Halbach array. The magnetic field created by the energy source may be unidirectional or multi-directional.”], the energetic particles produce heat and transfer the heat to the object to achieve a desired effect [i.e., the conventional practice of using heat, e.g., to convectively heat fluid (para. 0026), de-icing (para. 0030), ablation (para. 0031), in non-combustive heating (para. 0038), combustive propulsion/power generation/construction (paras. 0039-40, 42), in a detection/medical application (paras. 0041, 43, 93); para. 0046: “The desired effect may be a chemical reaction, a physical reaction, thermal, electromagnetic, magnetic and/or a change in structure of the object.”].
The written description clearly redefines the claim term “energetic particles” as, at least, conventional inductive heating materials, e.g., nanothermite [paras. 0003, 6, 73: “Energetic particles have a Curie temperature, which is a temperature at which energetic particles undergo a change in their magnetic properties…That is, energetic particles can be thermally regulated using temperatures up to the Curie temperature for heating and power generation applications, for example, inductive heating.”; “The energetic particles may be chosen from a group consisting of: metastable intermolecular combustibles, thermites, nanothermites, microthermites, a composition of nanothermites and microthermites, nanoenergetic particles, and nanoenergetic materials or the like”; “It is to be understood that any specific reference to an energetic particle, energetic material, nanoenergetic particle, nanoenergetic material, nanothermite, microthermite, nanothermite particles, thermites, metastable intermolecular combustibles (MICs) and/or compositions therein, is exemplary and that in embodiments any particles or materials discussed herein could be used in the place of any other particles or materials discussed herein.”] wherein nanothermite is a metastable intermolecular composite (MIC) characterized by a particle size of under 100 nm of its main constituents: a metal fuel and an oxidizer (i.e., an electron donor/reducing agent and an electron receiver/oxidizing agent).
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.
Claims 68, 71, 73-76, 78, 80, 85-87 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Wilkes (WO 2006071527 A2).
Regarding claim 68,
Wilkes teaches:
A thermal control system [fig. 1: apparatus 100; p. 3: “In one aspect, the present invention relates to an apparatus for synthesizing nanostructures. In one embodiment, the apparatus includes a heating device that defines a reaction zone therein, and a susceptor made of a ferromagnetic material having a characteristic temperature and placed in the reaction zone, where the characteristic temperature substantially corresponds to a temperature at which the growth of desired nano structures occurs and the heating device is capable of heating the susceptor substantially at the characteristic temperature. In one embodiment, the characteristic temperature is substantially equal to a Curie temperature of the ferromagnetic material.”] comprising:
an energy source producing an electric and/or magnetic field [AC power supply 7 coupled to inductive coil 8; p. 11: “The inductive coil 28 is configured such that, in operation, it allows an alternating current to pass through to generate an electromagnetic field with an RF in the reaction 30 zone to heat the susceptor 30 substantially at the characteristic temperature.”];
at least one heat receiving object [susceptor 30]; and
at least a first deposit of energetic particles [i.e., ferromagnetic material] deposited as a layer on a surface of the at least one heat receiving object [e.g., ferromagnetic material as a foil layer; p. 10: “The susceptor can be formed in the form of a foil or plate of the ferromagnetic material…The susceptor can also be formed in other forms.”; p. 12: “The susceptor 30 is made of a ferromagnetic material having a Curie temperature (Curie point), Tc, which substantially corresponds to a temperature at which the growth of desired nanostructures occurs.”], wherein the energetic particles comprise a metal and/or a metal oxide, and have an inherent Curie temperature [i.e., ferromagnetic material], and wherein upon application of the energy source to the first deposit of energetic particles the energetic particles produce heat and transfer the heat to the at least one heat receiving object [p. 15: “Inductive heating can be used for a plurality of metallic catalysts on metal oxide supports…”] to achieve a desired effect [i.e., a desired characteristic temperature; p. 5: “The method may further include the step of optimizing the characteristic temperature for the growth of the desired nanostructures. The optimizing step comprises the step of selecting the ferromagnetic material with a Curie temperature that substantially corresponds to a temperature at which the growth of the desired nano structures occurs.”].
Regarding claim 71, Wilkes teaches the system of claim 68.
Wilkes also teaches:
further comprising an oxidizer wherein the oxidizer is chosen from a group consisting of: air, water, metal oxides and halogen composites [p. 15: “Inductive heating can be used for a plurality of metallic catalysts on metal oxide supports…”].
Regarding claim 73, Wilkes teaches the system of claim 68.
Wilkes also teaches [importance of shape/mass of susceptor relative to RF field; p. 2, line 30-p. 3, line 10]:
wherein the layer of energetic particles [i.e., ferromagnetic material of susceptor] comprises a geometric pattern [see fig. 2, showing an optimized shape of susceptor 30; figs. 3-5; p. 12, line 1-p. 13, line 17; e.g., a boat shape as a geometric pattern].
Regarding claim 75, Wilkes teaches the system of claim 68.
Wilkes also teaches [importance of different operational temperatures of the system; p. 16: “It should be noted that…may be optimally synthesized at temperatures different from 640 °C so that susceptor foils or particles with corresponding Curie temperatures Tc would be required for each application. It is important to have special purpose alloys for various nanostructures…The Curie temperature Tc of a ferromagnetic alloy can be adjusted by incremental adjustment of the alloy composition or annealing process.”]:
further comprising a second deposit of energetic particles [i.e., a plurality of special purpose boat-like susceptors 330 (see fig. 3), each adapted to a different operational temperature of a given synthesizing application; p. 14, lines 9-11: “The susceptor 330 can be formed in any forms, for example, a thin foil or a boat-like structure. The heating device 320 is adapted for heating the susceptor 330 substantially at the Curie temperature.”].
Regarding claim 76, Wilkes teaches the system of claim 75.
Wilkes also teaches:
wherein the second deposit of energetic particles has a different Curie temperature than the first deposit of energetic particles [p. 16: “It should be noted that…may be optimally synthesized at temperatures different from 640 °C so that susceptor foils or particles with corresponding Curie temperatures Tc would be required for each application. It is important to have special purpose alloys for various nanostructures…The Curie temperature Tc of a ferromagnetic alloy can be adjusted by incremental adjustment of the alloy composition or annealing process.”].
Regarding claim 78, Wilkes teaches the system of claim 75.
Wilkes also teaches:
wherein energy is applied to the second deposit of energetic particles separately from the first deposit of energetic particles [i.e., for synthesizing at different temperatures; p. 16: “It should be noted that SW-CNTs, MW-CNTs, carbon nanofibers (CNFs), Boron-nitride nanotubes, Boron-carbon nanotubes, and other nanoparticles may be optimally synthesized at temperatures different from 640 °C so that susceptor foils or particles with corresponding Curie temperatures Tc would be required for each application. It is important to have special purpose alloys for various nanostructures. These alloys can be fabricated as foil, wire, rod, or plate.”].
Regarding claim 80, Wilkes teaches the system of claim 68.
Wilkes also teaches:
wherein the energy source applies a magnetic field to at least the first deposit of energetic particles [p. 3: “The inductor coil is electrically coupled to an alternating current (hereinafter "AC") power supply, and is configured such that, in operation, it allows an alternating current to pass through to generate an electromagnetic field with a radio frequency in the reaction zone to heat the susceptor substantially at the characteristic temperature.”].
Regarding claim 85,
Wilkes teaches:
A method of controlled heating of an object [fig. 1: susceptor 30; p. 3: “In one aspect, the present invention relates to an apparatus for synthesizing nanostructures. In one embodiment, the apparatus includes a heating device that defines a reaction zone therein, and a susceptor made of a ferromagnetic material having a characteristic temperature and placed in the reaction zone, where the characteristic temperature substantially corresponds to a temperature at which the growth of desired nano structures occurs and the heating device is capable of heating the susceptor substantially at the characteristic temperature. In one embodiment, the characteristic temperature is substantially equal to a Curie temperature of the ferromagnetic material.”], the method comprising:
heating at least a first deposit of energetic particles [i.e., ferromagnetic material]
deposited on a surface of the object [e.g., a deposit of ferromagnetic material as a foil layer; p. 10: “The susceptor can be formed in the form of a foil or plate of the ferromagnetic material…The susceptor can also be formed in other forms.”; p. 12: “The susceptor 30 is made of a ferromagnetic material having a Curie temperature (Curie point), Tc, which substantially corresponds to a temperature at which the growth of desired nanostructures occurs.”] by applying energy from an energy source [AC power supply 7 coupled to inductive coil 8; p. 11: “The inductive coil 28 is configured such that, in operation, it allows an alternating current to pass through to generate an electromagnetic field with an RF in the reaction 30 zone to heat the susceptor 30 substantially at the characteristic temperature.”] to the at least a first deposit of energetic particles, wherein the first deposit of energetic particles [i.e., ferromagnetic material] has a Curie temperature; and
transferring heat from the at least a first deposit of energetic particles to the object to achieve a desired effect [i.e., a desired characteristic temperature; p. 5: “The method may further include the step of optimizing the characteristic temperature for the growth of the desired nanostructures. The optimizing step comprises the step of selecting the ferromagnetic material with a Curie temperature that substantially corresponds to a temperature at which the growth of the desired nano structures occurs.”].
Regarding claim 86, Wilkes teaches the method of claim 85.
Wilkes also teaches:
wherein the desired effect occurs at temperatures up to the Curie temperature of the first deposit of energetic particles [p. 12: “The susceptor 30 is made of a ferromagnetic material having a Curie temperature (Curie point), Tc, which substantially corresponds to a temperature at which the growth of desired nanostructures occurs.”].
Regarding claim 87, Wilkes teaches the method of claim 85.
Wilkes also teaches:
wherein applying energy from the energy source to at least the first deposit of energetic particles includes applying an electric and/or magnetic field to the first deposit of energetic particles [p. 11: “The inductive coil 28 is configured such that, in operation, it allows an alternating current to pass through to generate an electromagnetic field with an RF in the reaction 30 zone to heat the susceptor 30 substantially at the characteristic temperature.”].
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.
Claims 69-70, 81-82, and 84 are rejected under 35 U.S.C. 103 as being unpatentable over Wilkes (WO 2006071527 A2) in view of Oqab (US 20220397042 A1, corresponding to provisional application 62884960, filed 8/9/2019).
Regarding claim 69, Wilkes teaches the system of claim 68.
However, although Wilkes discloses that inductive heating can be used for a plurality of metallic catalysts on metal oxide supports [p. 15], Wilkes does not explicitly disclose:
wherein the energetic particles are chosen from a group consisting of:
metastable intermolecular combustibles, thermites, nanothermites, microthermites, a composition of nanothermites and microthermites, nanoenergetic particles, and nanoenergetic materials.
Oqab, in the same field of endeavor, teaches an equivalent ferromagnetic material in an induction heating process [i.e., nanothermite; paras. 0028-29: “In some examples, induction heating assembly 110 may employ a combination of magnetic hysteresis and induction heating via eddy currents to heat the fuel 104. In the current example, fuel 104 is a reactive metal compound such as a nano-thermite.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the system of Wilkes such that the energetic particles are chosen from a group consisting of: metastable intermolecular combustibles, thermites, nanothermites, microthermites, a composition of nanothermites and microthermites, nanoenergetic particles, and nanoenergetic materials, in particular nanothermite, since Oqab teaches that metastable intermolecular combustible (MIC) materials such as thermite are known components in the inductive heating arts, thus one of ordinary skill in the art could have substituted thermite as the energetic particle with predictable results.
Regarding claim 70, Wilkes teaches the system of claim 68.
However, although Wilkes discloses that inductive heating can be used for a plurality of metallic catalysts on metal oxide supports [p. 15], Wilkes does not explicitly disclose:
wherein the metal is chosen from a group consisting of:
aluminum, magnesium, silicon, lithium, boron, and iron.
Oqab, in the same field of endeavor, teaches an equivalent ferromagnetic material in an induction heating process [i.e., nanothermite as aluminum, iron; paras. 0028-29: “In some examples, induction heating assembly 110 may employ a combination of magnetic hysteresis and induction heating via eddy currents to heat the fuel 104. In the current example, fuel 104 is a reactive metal compound such as a nano-thermite.”; para. 0050: “An example of fuel 104 that is a nano-thermite fuel may be aluminum-iron (II) Oxide.”].
Regarding claim 81, Wilkes teaches the system of claim 68.
However, although Wilkes discloses that inductive heating can be used for a plurality of metallic catalysts on metal oxide supports [p. 15], Wilkes does not explicitly disclose:
wherein each energetic particle is less than 100 nanometres in size.
Oqab, in the same field of endeavor, teaches an equivalent ferromagnetic material in an induction heating process [i.e., nanothermite; paras. 0028-29: “In some examples, induction heating assembly 110 may employ a combination of magnetic hysteresis and induction heating via eddy currents to heat the fuel 104. In the current example, fuel 104 is a reactive metal compound such as a nano-thermite.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the system of Wilkes such that each energetic particle is less than 100 nanometres in size, in particular nanothermite as the energetic particle, since Oqab teaches that metastable intermolecular combustible (MIC) materials such as thermite are known components in the inductive heating arts, thus one of ordinary skill in the art could have substituted thermite as the energetic particle with predictable results, wherein nanothermite is on the scale of 100 nm and below [para. 0030].
Regarding claim 82, Wilkes teaches the system of claim 68.
However, although Wilkes discloses that inductive heating can be used for a plurality of metallic catalysts on metal oxide supports [p. 15], Wilkes does not explicitly disclose:
wherein each energetic particle is less than 100 micrometres in size.
Oqab, in the same field of endeavor, teaches an equivalent ferromagnetic material in an induction heating process [i.e., nanothermite; paras. 0028-29: “In some examples, induction heating assembly 110 may employ a combination of magnetic hysteresis and induction heating via eddy currents to heat the fuel 104. In the current example, fuel 104 is a reactive metal compound such as a nano-thermite.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the system of Wilkes such that each energetic particle is less than 100 micrometres in size, in particular nanothermite as the energetic particle, since Oqab teaches that metastable intermolecular combustible (MIC) materials such as thermite are known components in the inductive heating arts, thus one of ordinary skill in the art could have substituted thermite as the energetic particle with predictable results, wherein nanothermite is on a scale less than 100 mm in size [i.e., less than 100 nm; para. 0030].
Regarding claim 84, Wilkes teaches the system of claim 68.
However, although Wilkes discloses that inductive heating can be used for a plurality of metallic catalysts on metal oxide supports [p. 15], Wilkes does not explicitly disclose:
wherein the first deposit of energetic particles includes thermite particles of different sizes.
Oqab, in the same field of endeavor, teaches an equivalent ferromagnetic material in an induction heating process [i.e., nanothermite; paras. 0028-29: “In some examples, induction heating assembly 110 may employ a combination of magnetic hysteresis and induction heating via eddy currents to heat the fuel 104. In the current example, fuel 104 is a reactive metal compound such as a nano-thermite.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the system of Wilkes such that the first deposit of energetic particles includes thermite particles of different sizes, in particular nanothermite as the energetic particle, since Oqab teaches that metastable intermolecular combustible (MIC) materials such as thermite are known components in the inductive heating arts, thus one of ordinary skill in the art could have substituted thermite as the energetic particle with predictable results, wherein the fuel [i.e., nanothermite] may include multiple different particle sizes [para. 0031: “More generally, fuel 104 may include multiple materials having different configurations, including, but not limited to, particle size…”].
Claims 77, 79, and 83 are rejected under 35 U.S.C. 103 as being unpatentable over Wilkes (WO 2006071527 A2) in view of Boege (US 20070012683 A1).
Regarding claim 77, Wilkes teaches the system of claim 75.
In this case, although it would have been obvious to, as a mere duplication of parts, have a second susceptor of the second deposit be of the same curie temperature, i.e., a duplicate, e.g., for redundancy, or in order to prepare an additional batch requiring the same synthesizing temperature, Wilkes may not explicitly disclose a singular susceptor with two distinct deposits, each having the same Curie temperature, specifically, Wilkes does not disclose:
wherein the second deposit of energetic particles has the same Curie temperature as the first deposit of energetic particles.
Boege, in the same field of endeavor, teaches a susceptor [see fig. 1; para. 0073] comprising a substrate 140 with distinct regions 108, 118, 119, and corresponding conductors 104, 114, 120, 122, 124 as ferromagnetic deposits for inductively heating fluids therein [e.g., to different temperatures; para. 0061: “In other embodiments, different power levels can be supplied to different electrical conductors by a magnetic field. This can allow for different heating of fluid retainment regions in thermal contact with the electrical conductors. Power levels can be varied to different sections of a fluid processing device.”], wherein the distinct conductors may be sized/shaped or be formed of a particular material, as required by a given application [para. 0075: “Electrical conductor 104, 114, 120, 122, 124 can comprise a metal, metal oxide, and/or metal alloy material. According to various embodiments, electrical conductor 104, 114, 120, 122, 124 can comprise carbon or carbon nanotubes. Electrical conductor 104, 114, 120, 122, 124 can be disposed on the surface 142 of substrate 140, for example, as a film, as an electroplate layer, or co-molded with carbon. According to various embodiments, each electrical conductor can be in heat-transfer communication with two or more respective fluid retainment regions, for example, electrical conductors 114 is shown in heat-transfer communication with fluid retainment regions 118 and 119. Electrical conductors 120 and 122 are shown as squares, electrical conductor 124 is shown as a hexagon, 104 is shown as a ring. Various other shapes and sizes, including other polygon shapes, can be used for the electrical conductors.”; para. 0036: “Suitable paramagnetic materials that can be used can include aluminum, platinum, alloys thereof, and combinations thereof. Suitable ferromagnetic materials that can be used include iron, nickel, steel, rare earth metals, alloys thereof, and combinations thereof.”; para. 0077: “In these and other embodiments, the conductor can comprise an electrically conductive material, for example, aluminum, copper, iron, other metals, alloys, conductive carbon material, combinations thereof, and the like.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the system of Wilkes such that the second deposit of energetic particles has the same Curie temperature as the first deposit of energetic particles, since Boege teaches that the shape/size/material of each region are known result effective variables, and that by selecting appropriate values, this allows for different batches to be processed at desired power levels [i.e., at the desired temperature, e.g., at the same temperature as a batch in an adjacent region; para. 0061].
Regarding claim 79, Wilkes teaches the system of claim 75.
In this case, although it would have been obvious to, as a mere duplication of parts, to have the second deposit of a different curie temperature be deposited in the susceptor of the first deposit, i.e., to provide a particular heating profile corresponding to the known and predictable response of a known ferromagnetic material, e.g., in order to have both deposits provide heating up until the lower Curie temperature is reached, thereby disabling the corresponding deposit, while leaving the remaining deposit to provide the heating] Wilkes may not explicitly disclose a singular susceptor with two distinct deposits, each having the same Curie temperature, specifically, Wilkes does not disclose:
wherein energy is applied to the first deposit of energetic particles and the second deposit of energetic particles simultaneously.
Boege, in the same field of endeavor, teaches a susceptor [see fig. 1; para. 0073] comprising a substrate 140 with distinct regions 108, 118, 119, and corresponding conductors 104, 114, 120, 122, 124 as ferromagnetic deposits for inductively heating fluids therein [e.g., to different temperatures; para. 0061: “In other embodiments, different power levels can be supplied to different electrical conductors by a magnetic field. This can allow for different heating of fluid retainment regions in thermal contact with the electrical conductors. Power levels can be varied to different sections of a fluid processing device.”], wherein the distinct conductors may be sized/shaped or be formed of a particular material, as required by a given application [para. 0075: “Electrical conductor 104, 114, 120, 122, 124 can comprise a metal, metal oxide, and/or metal alloy material. According to various embodiments, electrical conductor 104, 114, 120, 122, 124 can comprise carbon or carbon nanotubes. Electrical conductor 104, 114, 120, 122, 124 can be disposed on the surface 142 of substrate 140, for example, as a film, as an electroplate layer, or co-molded with carbon. According to various embodiments, each electrical conductor can be in heat-transfer communication with two or more respective fluid retainment regions, for example, electrical conductors 114 is shown in heat-transfer communication with fluid retainment regions 118 and 119. Electrical conductors 120 and 122 are shown as squares, electrical conductor 124 is shown as a hexagon, 104 is shown as a ring. Various other shapes and sizes, including other polygon shapes, can be used for the electrical conductors.”; para. 0036: “Suitable paramagnetic materials that can be used can include aluminum, platinum, alloys thereof, and combinations thereof. Suitable ferromagnetic materials that can be used include iron, nickel, steel, rare earth metals, alloys thereof, and combinations thereof.”; para. 0077: “In these and other embodiments, the conductor can comprise an electrically conductive material, for example, aluminum, copper, iron, other metals, alloys, conductive carbon material, combinations thereof, and the like.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the system of Wilkes such that wherein energy is applied to the first deposit of energetic particles and the second deposit of energetic particles simultaneously, since Boege teaches that the shape/size/material of each region are known result effective variables, and that by selecting appropriate values, this allows for different batches to be processed at desired power levels [i.e., at the desired temperature and at the same time as a batch in an adjacent region; para. 0061; see fig. 7, showing a magnetic platform 702 for providing a magnetic field simultaneously to different fluid retainment regions 712/714; para. 0088].
Regarding claim 83, Wilkes teaches the system of claim 68.
However, although Wilkes discloses that inductive heating can be used for a plurality of metallic catalysts on metal oxide supports [p. 15], Wilkes does not explicitly disclose:
wherein each energetic particle is between 10 and 100 micrometres in size.
Boege, in the same field of endeavor, teaches a susceptor [see fig. 1; para. 0073] comprising a substrate 140 with distinct regions 108, 118, 119, and corresponding conductors 104, 114, 120, 122, 124 as ferromagnetic deposits for inductively heating fluids therein [e.g., to different temperatures; para. 0061: “In other embodiments, different power levels can be supplied to different electrical conductors by a magnetic field. This can allow for different heating of fluid retainment regions in thermal contact with the electrical conductors. Power levels can be varied to different sections of a fluid processing device.”], wherein the distinct conductors may be sized/shaped or be formed of a particular material, as required by a given application [para. 0075: “Electrical conductor 104, 114, 120, 122, 124 can comprise a metal, metal oxide, and/or metal alloy material. According to various embodiments, electrical conductor 104, 114, 120, 122, 124 can comprise carbon or carbon nanotubes. Electrical conductor 104, 114, 120, 122, 124 can be disposed on the surface 142 of substrate 140, for example, as a film, as an electroplate layer, or co-molded with carbon. According to various embodiments, each electrical conductor can be in heat-transfer communication with two or more respective fluid retainment regions, for example, electrical conductors 114 is shown in heat-transfer communication with fluid retainment regions 118 and 119. Electrical conductors 120 and 122 are shown as squares, electrical conductor 124 is shown as a hexagon, 104 is shown as a ring. Various other shapes and sizes, including other polygon shapes, can be used for the electrical conductors.”; para. 0036: “Suitable paramagnetic materials that can be used can include aluminum, platinum, alloys thereof, and combinations thereof. Suitable ferromagnetic materials that can be used include iron, nickel, steel, rare earth metals, alloys thereof, and combinations thereof.”; para. 0077: “In these and other embodiments, the conductor can comprise an electrically conductive material, for example, aluminum, copper, iron, other metals, alloys, conductive carbon material, combinations thereof, and the like.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the system of Wilkes such that wherein each energetic particle is between 10 and 100 micrometres in size, since Boege teaches that the shape/size/material of the ferromagnetic material are known result effective variables, and that by selecting appropriate values, this allows for different batches to be processed at desired power levels [i.e., micron-sized metallic beads as each energetic particle; para. 0067: “According to various embodiments, a sample can be inductively heated using inert micron-sized metallic beads in a suspension…The magnetic beads or particulates can be micron-sized having an average diameter of, for example, from about 0.05 microns to about 100 microns, from about 0.5 microns to about 25 microns, or from about 10 microns to 20 microns.”].
Conclusion
THIS ACTION IS MADE FINAL. 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 THEODORE J EVANGELISTA whose telephone number is (571)272-6093. The examiner can normally be reached Monday - Friday, 9am - 5pm EST.
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/THEODORE J EVANGELISTA/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
