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 .
Drawings
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 “accelerator” and “two main magnetic poles” of claim 1 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 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 1-30 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1-30 is 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.
Claim 1 recites “a DC motor comprising and accelerator and an energy storage ring”. The specification never discloses any accelerator structure that can impart the required energies. The spec only provides physics equations, not an actual device, which have unrealistic velocities and temperatures for a DC motor. The spec also doesn’t enable how energy is stored in the ring,
Claim 1 further recites “Z rotor hollow tubes…constitute the energy storage ring”. But the spec never describes how the energy is stored in these tubes, how a motor can function as a particle-energy storage ring, and any detailed structure of the energy storage ring aside from formulas. Since spec does not describe an operable energy-storage structure, applicant has not shown possession of the full scope of the claim.
Claim 1 also recites “fixed commutation hollow tube groups…at a junction of two main magnetic poles”. This implies charged-particle transport between the commutation rings. But the spec contains no description of sealing, vacuum routing, electrical insulation, or timing for hollow-tube groups at the interfaces.
Claim 2 recites “each hollow tube… is divided into a plurality of thin-film cavities made of ultra-thin materials… thickness on the order of microns…. thin-film cavities are partially or entirely made of ultra-thin purely conductive materials”. The spec does not describe any fabrication method for micron-scale conductive cavities, how to produce the ultra-thin conductive layers, and integration of the cavities into the commutation rings. Thus, the inventor has not demonstrated possession of the microscopic cavities.
Claim 3 recites “…thin-film cavities extend closer to the end of the commutation rings… generates corona at a low voltage”. Corona formation is highly sensitive to geometry and gas composition, neither of which is contained in the spec making the claim non-enabled.
Claims 2-30 are rejected under 112(A) for being dependent on claim 1.
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.
Claims 1-30 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.
Claim 1 recites the following indefinite terms: “accelerator” and “energy storage ring”. Both terms have no defined structure and no clear scope. What kind of energy is stored?
Claim 2 recites: “partially or entirely made of ultra-thin conductive materials” and cavities dimensions in “micron, millimeter, or nanometer” scale. These provide no objective boundaries and render the claim indefinite.
Claim 5 requires a gas that “does not easily produce charged particles.” The phrase is subjective and renders the claim indefinite.
Claim 7 states “cavity wall thickness diminishes to zero”. A zero-thickness structure is not definite or physically interpretable.
Claims 12-16 recite “charged particles with large mass”, “small mass”, particles being “suspended”, formation of “local low vacuum”, particles “accelerating as a whole”. These terms are functional or relative without structural boundaries and thus are rendered indefinite.
Claims 20-30 includes theoretical formulas and describes results such as “effective conditions for energy storage”, “neutral gases remain vacuum-confined”, and “particles are driven forward”. The claims do not recite structures required to achieve these results and therefore fail to distinctly claim the invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
KUO(US6555939B1) is an application with a high efficiency DC motor.
XIAOFENG (CN1048119A) is an application with a similar accelerator.
SHI (CN1441528A) is an application with an electric energy accumulator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED QURESHI whose telephone number is (571)-272-8310. The examiner can normally be reached on 8:30 AM - 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tulsidas Patel can be reached on 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect. uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/MOHAMMED AHMED QURESHI/Examiner, Art Unit 2834
/TULSIDAS C PATEL/Supervisory Patent Examiner, Art Unit 2834