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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 5/22/26 is acknowledged. The traversal is on the ground(s) that the “magnetic field gradient attenuation module” is a special technical feature because Ravenhall does not disclose such a module. This is not found persuasive. As currently claimed, the “magnetic field gradient attenuation module” only requires a single coil that generates a magnetic field in a region where laser light reflected by the mirror interacts. Ravenhall demonstrates such a coil. As such, claim 1 does not currently include a special technical feature.
The requirement is still deemed proper and is therefore made FINAL.
Claims 5, 8-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
“a magnetic field generation apparatus…” in claim 1. The disclosure describes such an apparatus as a coil or a permanent magnet of tubular chape.
“a magnetic field gradient attenuation module…” in claim 1. The disclosure describes such an apparatus as
a coil having a shape similar to an anti-Helmholtz coil, and in which the current flows in a direction opposite to an anti-Helmholtz coil;
a permanent magnet of tubular chape polarized in a direction opposite to that of the permanent magnet of the tubular shape; or
a soft magnet with high permeability, that locally attenuates a magnetic field gradient therein by absorbing a magnetic flux therein.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 2, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0148028 A1 [Ravenhall].
Regarding Claim 1:
Ravenhall discloses a slow atomic beam generation (Fig. 1) apparatus comprising:
a high-temperature tank comprising an atomic source (Fig. 1 (7), paras 90, 92),
an optical window provided at one end and which passes laser light (Fig. 1 (13), para 84), and
a mirror provided at the other end (Fig. 1 (15)), which has an opening at an apex thereof (Fig. 1 (23)), and which reflects laser light incident through the optical window toward the one end at portions other than the opening (as shown in Fig. 1);
a heater that heats the high-temperature tank, to generate an atomic gas in the high-temperature tank from the atomic source (para 90);
a magnetic field generation apparatus that generates a magnetic field in a region where the laser light reflected by the mirror intersects (see anti-Helmholtz coil in annotated Fig. 1 below); and
a magnetic field gradient attenuation module which locally attenuates a magnetic field gradient generated by the magnetic field generator apparatus at the opening (see coil having a shape similar to an anti-Helmholtz coil in annotated Fig. 1 below),
wherein an atomic beam is formed from an atomic gas using a magneto-optical trap realized by the laser light and the magnetic field, and is emitted to an outside through the opening (Fig. 1 (27)).
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Regarding Claim 2:
Ravenhall discloses the slow atomic beam generation apparatus according to claim 1, wherein
the magnetic field generation apparatus is an anti-Helmholtz coil which forms the magnetic field gradient (see annotated Fig. 1 above), and
the magnetic field gradient attenuation module is a coil having a shape similar to the anti-Helmholtz coil (see annotated Fig. 1 above), and in which a current flows in a direction opposite to that of the anti-Helmholtz coil (para 41).
Regarding Claim 7:
Ravenhall discloses the slow atomic beam generation apparatus according to claim 1, wherein the atomic source is ytterbium. Para 92.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ravenhall in view of US 2018/0321641 A1 [Boyd].
Regarding Claim 6:
Ravenhall teaches the slow atomic beam generation apparatus according to claim 1, but fails to teach that the atomic source is strontium.
Boyd describes another atom source (Fig. 1 (118)) for providing atoms for trapping, cooling, atomic clocks, etc. Abstract, Fig. 1, et al. Boyd specifies that the atomic source provides alkaline earth atoms such as strontium. Para 31. It would have been obvious to one of ordinary skill in the art before the effective time of filing to use the strontium source of Boyd in Ravenhall since this would allow Ravenhall to produce a strontium beam (27) for use in downstream atomic clocks or other devices.
Allowable Subject Matter
Claims 3-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYATT A STOFFA whose telephone number is (571)270-1782. The examiner can normally be reached M-F 0700-1600 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ROBERT KIM can be reached at 571 272 2293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WYATT STOFFA
Primary Examiner
Art Unit 2881
/WYATT A STOFFA/ Primary Examiner, Art Unit 2881
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