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 without traverse of Group I (Claims 1-2, 4-11, 20-21, 25, 27) in the reply filed on March 20, 2026, is acknowledged.
Claim Objections
Claims 1 and 4 are objected to because of the following informalities:
Claim 1 line 11, “electrical discharge is established[[able]] between the dielectric portion and one of the at least two electrodes”.
Claim 4 line 6, "tun[[e]]able".
Appropriate correction is required.
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: “sub-macroscopic structure” in claims 1 and 11.
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. See “sub-macroscopic structure” in the originally filed specification at : page 9, line 12-page 10, line 5 and page 22, line 3-17.
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.
Separate from the above, the limitation “said electrode” recited in claim 1 line 5 is interpreted as “ said one, or said at least one, of the at least two electrodes.
Claim Rejections - 35 USC § 112
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, 4, and 10 are 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 limitation "sub-macroscopic structure" in line 6. The specification as originally filed discloses "sub-macroscale structure" at page 1 in line 6. Additionally, the specification as originally filed at page 22 in lines 5-14 discloses that sub-macroscale structure may be nanostructure and microstructure. These various disclosures indicate examples and lacks an objective boundaries to define a "sub-macroscopic structure". The question raised is: what qualifies a structural as “a sub-macroscale structure”? what value is considered an upper boundary for “a sub-macroscopic structure”? what distinguishes “sub-macroscopic” from “macroscopic”? The scope of this claim language is ambiguous. For examination, the sub-macroscopic structure is considered any of the structural examples interpreted; see above section under claim interpretation.
Claim 1 recites the phrase "electrical discharge is establishable". The word “establishable” is interpreted as a capable of being established and makes the claim language ambiguous and raises the question: has the electrical discharge been established or not established? What structural limitation(s) is/are required for establishable to occur.
Claim 4 recites the limitations "a resonant tank" in line 4, "the tank" in lines 4-5, 6, and 7, respectively, and "the resonant tank" in line 9. There is insufficient antecedent basis for the limitation "the tank" in the claim. The limitation "a tank" was not previously recited; instead, the limitation "a resonant tank" was recited. Appropriate correction is required.
Claim 10 recites the limitation "the tank" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 10 depends intervening claim 2 that depends from base claim 1. The limitation was not previously recited. Consider amending claim 10 to depend from claim 4.
Claims 4-11, 20-21, 25 and 27 are rejected due to dependency to claim 1.
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.
Claim(s) 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 20, 21, 25, and 27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimizu (US 20110135542 A1).
For claim 1, Shimizu discloses a dielectric barrier electrical discharge apparatus (Fig.2), comprising:
at least two electrodes (portions of Fig. 2 that make up cathode 24 between first and second anodes 22 and 23, respectively; bar-like first anode structure 56 including the protection dielectric 41 and the first anode 22 and second anode structure 59 including the protection dielectric 42 in par [0073] and par [0074] Figs, 4A-C) arranged in use to provide at least one anode (par [0071]; Fig. 2) and at least one cathode (par [0071];
Fig. 2), the at least two electrodes being separated to allow a fluid (arrow through the page in Fig. 2) to be present between the electrodes in use, and at least one of the electrodes has a dielectric portion (pars [0072]-[0073]) connected to at least part of said electrode;
a sub-macroscopic structure connected to at least one of the at least two electrodes and/or to the dielectric portion (par [0074] at end of citation); and
a drive circuit connected to each of the at least two electrodes and arranged in use to establish an electric field between the electrodes (pars [0091]-[0094]), wherein in response to the presence of the electric field between the electrodes, the sub-macroscopic structure is arranged to field-emit electrons and electrical discharge is establishable between the dielectric portion and one of the at least two electrodes, and the drive circuit is further arranged to provide real power to the fluid in use (pars [0082], [0095]-[0098]). Also, see claim 1.
For claim 2, Shimizu is relied upon as indicated above and further teaches the drive circuit is arranged in use to provide real power to the fluid by applying a pulse-train of bipolar voltage pulses with a limited number of pulses in the pulse-train (pars [0006]-[0008], [0012], [0020]-[0021], [0080].
For claim 4, Shimizu is relied upon as indicated above and further teaches the drive circuit comprises a power supply connected in use across the at least two electrodes (pulse power supply 1 in Fig. 1; par [0076]), and an inductance connected between the power supply and at least one of the at least two electrodes thereby establishing a resonant tank in use (Fig. 1; par [0082]), power being provided in use to the tank in pulse-trains and only during a pulse-train (par [0082]), a pulse frequency of each pulse-train being tuneable in use to a resonant frequency of the tank (pars [0078]- [0080]), power provided by each pulse-train charging and maintaining the tank to a threshold at which discharge ignition occurs (par [0082]), discharge ignition events per pulse-train being limited to a maximum number based on the drive circuit being arranged in use to prohibit each pulse-train transferring power to the resonant tank after the maximum number has occurred (pars [0080]-[0083]). Also see Fig. 10.
For claim 5, the prior art is relied upon as indicated above. Shimizu further discloses the maximum number of discharge ignition events is between 1 and 5 events with sufficient specificity (par [0080]).
For claim 6, Shimizu discloses the drive circuit further comprises a transformer, secondary windings of which form part of the resonant tank, the transformer being a step-up transformer (par [0093]).
For claim 7, the prior art is relied upon as indicated above. Shimizu discloses the drive circuit is arranged in use to short the primary transformer winding after each pulse (pars [0093]-[0099]).
For claim 8, the prior art is relied upon as indicated above. The phrase “at least a part of the inductance is provided by the transformer” is an intended result.
For claim 9, the prior art is relied upon as indicated above. The phrase “at least a part of the inductance is provided by an inductor” is an intended result.
Regarding claims 8 and 9, the instant invention is an apparatus. Apparatus claims are distinguished from the prior art in terms of structure rather than intended use or function. See MPEP § 2114.
For claim 10, the prior art is relied upon as indicated above. Shimizu discloses the drive circuit further comprises a power storage device connected across the power supply arranged in [use to accept and store power discharge from the tank after each pulse (Fig. 1; par [0080]-[0083]).
For claim 11, the prior art is relied upon as indicated above. Shimizu discloses sub-macroscopic structure is electrically connected to at least one of the electrodes (Fig. 1).
For claim 20, the prior art is relied upon as indicated above. Shimizu discloses the dielectric portion is a coating on at least part of a surface of each electrode to which the dielectric portion is connected (par [0072]).
For claim 21, the prior art is relied upon as indicated above. Shimizu discloses the dielectric portion is one or more of mica, fused silica, quartz, alumina, titania, barium titanate, fused silica, titania silicate, silicon nitride, hafnium oxide or a ceramic (pars [0072]).
For claim 25, the prior art is relied upon as indicated above. Shimizu discloses the drive circuit is arranged in use to provide a voltage pulse to said at least one electrode (par [0070]).
For claim 27, the prior art is relied upon as indicated above. Shimizu discloses wherein the drive circuit is arranged to provide real power to the fluid to be present between the electrodes in use by being arranged in use to provide voltage at the at least two electrodes to provide a corresponding real power due to current flowing at the at least two electrodes due to discharge occurring when the voltage is above a threshold (Fig. 1; pars [0080]-[0082]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant should consider prior art examples provided below in response to this correspondence.
GB 2537196 A: discloses each of the limitations of the instant invention accept the limitation a sub-macroscopic structure.
JP H11347342 A: a reactor configuration for plasma generation used in a plasma exhaust gas treatment apparatus; alternating voltage is applied between the electrodes 1a, 1b and 3a, 3b and the dielectric surfaces in contact with b and 3a, 3b are charged and polarized, creating an electric field and generating a plasma; electrons accelerated and excited by the high electric field turn the processing target gas (environmental pollutant) between the plasma generating sections into a plasma, and the gas undergoes actions such as oxidation, reduction, and decomposition; discloses catalyst and dielectric structure.
US 20020153241 A1: a dielectric barrier discharge plasma reactor device for plasma-based gas and liquid purification. The device comprises a series of electrodes arranged in rows of alternating polarity so as to form a series of triangular modules in which the spacing between adjacent electrodes is less than or equal to the diameter of an individual electrode. When an electrical power supply is connected to the electrodes, an electrical discharge is produced which reacts with the constituents of the fluid to produce activated radicals.
US 20040000476 A1: a treatment system for automotive exhaust gas, comprising: at least one plasma reactor comprising: a dielectric plasma reactor wall forming a reactor space, said dielectric plasma reactor wall having an inlet and an outlet for exhaust gas entry and exit, respectively, with regard to said reactor space; an inner electrode disposed within said reactor space in parallel relation to said dielectric plasma reactor wall; and an outer electrode adjoining said plasma reactor wall, said outer electrode being arranged in a sequential pattern comprising a series of discretely spaced apart locations, said sequential pattern being arranged with respect to an axis; and a catalytic converter connected to said outlet of said at least one plasma reactor.
US 20040140194 A1: the power supply described with reference to Figs. 12-17; the inductively coupled ballast circuit 140 is a self-oscillating, half-bridge switching design that operates at high frequencies. The inductively coupled ballast circuit 140 self-oscillates once resonance is achieved, uses MOSFET transistors as switching elements, and is designed to accommodate an air-core transformer coupling arrangement; the output of the control circuit 142 is connected with an interlock circuit 190 to prevent the nonthermal plasma reactor 60 from becoming energized if the air treatment system 10 is not properly assembled. The interlock circuit 190 includes a magnetic interlock sensor 192, a plurality of resistors 193, 194, 196, 198, 200, 202, 204, a transistor 206 and a diode 208.
US 20060011465 A1: dielectric barrier discharge device DBD shown in FIG.-1, referring to FIG.-1, find a first electrode, 101, a dielectric barrier, 103, a second electrode, 105, a region between the insulating dielectric barrier and the second electrode where air can pass, 107, and a power supply, 109; a circuit is shown to drive the ion generator. The first electrode is shown as, 207, and the second electrode is shown as, 209. The electrodes 207 and 209 constitute a capacitor, 213. The capacitor has a DC capacitance. The circuit is excited by the sinusoidal source, 201. The voltage is applied to a transformer, 217, which has a primary, 203, and a secondary, 205. The secondary has DC inductance. The second electrode, 209, is held at its offset voltage by means of a power supply or battery, 213. The secondary, 205 has its one lead connected to ground, 211, and the other lead connected to the first electrode, 207. The power supply, 213, applies its voltage to the second electrode, 209, with respect to ground, 211. This circuit supplies AC high voltage to the first electrode by way of the transformer, 217, whose secondary coil, 205, has a DC inductance.
US 20060196424 A1: dielectric barrier discharge generating assembly (1) comprising at least one pair of substantially equidistant spaced apart electrodes (2), the spacing between the electrodes being adapted to form a plasma zone (8) upon the introduction of a process gas and enabling passage, where required, of gaseous, liquid and/or solid precursor(s) characterized in that at least one of the electrodes (2) comprises a housing (20) having an inner (5) and outer (6) wall, wherein the inner wall (5) is formed from a non-porous dielectric material, and which housing (20).
US 20070045246 A1: plasma generating electrode and a plasma reactor; effectively prevented from breaking due to thermal shock and, when disposing the plasma generating electrode in an exhaust gas passage and treating exhaust gas using plasma generated by the plasma generating electrode, capable of stably generating uniform plasma due to a reduction in the amount of substance deposited on the surface of a unit electrode forming the plasma generating electrode, and a plasma reactor including the plasma generating electrode.
US 20080072574 A1: a plasma reactor which can suppress deactivation of components (active components) activated by plasma when causing exhaust gas to flow through a plasma generating space to ensure efficient reaction between the active components and particulate matter, whereby the particulate matter can be efficiently purified via reaction. The plasma reactor includes a plasma reactor main body 1, a positive electrode 11 disposed on an inlet side 2 of the plasma reactor main body 1, a conductive honeycomb filter 21 disposed so that a filter inlet side 22 faces an outlet side 3 of the plasma reactor main body 1, and a pulse power supply 31 which is connected with the positive electrode 11 and the honeycomb filter 21 and is capable of applying a pulse voltage between the positive electrode 11 and the honeycomb filter 21 as plasma generating electrodes to generate plasma.
US 20080118410 A1: exhaust emission control device with a plasma generator received in a filter casing incorporated in an exhaust pipe for capturing particulates and capable of conducting electric discharge so as to generate plasma in the exhaust gas at a capturing place and with a power supply for impressing voltage on the plasma generator. The plasma generator is unitized and arranged in plurality. A control switch is provided for sequential changeover of the connection of the power supply to the plural units of the plasma generator.
US 20080314734 A1: discloses known to those skilled in the art that several types of electric discharge configurations can generate a non-thermal plasma. In this exemplary, non-limiting embodiment of the present invention, system 10 utilizes a dielectric-barrier discharge arrangement.
US 20100135867 A1: power source 43 includes, for example, a battery, and converts DC power from the battery to AC power or DC power having an appropriate voltage for supply. Alternatively, the power source 43 is connected to an external power source such as a commercial power source and converts AC power having a predetermined frequency from the external power source to AC power or DC power having an appropriate voltage for supply. The electric power of the power source 43 is supplied to a control part 45, a drive part (an example of the electrode control part) 47, an input part 49, and the treated fluid pump 39; Fig. 9.
US 20100196224 A1: 1A, 1b, 100: plasma reactor, 2: target gas to be reformed, 4: feed port, 6: reformed gas, 8: discharge port, 10: reformer reactor, 12: electrode, 12a, 12c: linear electrode, 12b: honeycomb electrode, 12d: mesh electrode, 14: pulse power source, 16: cell, 20: honeycomb structure, 22: mesh-shaped body; honeycomb electrode in the state of a catalyst-coated fine particles par [0062]; reformer reactor, and applying one of (a) a pulse wave shape having a peak voltage of 1 kV or more and a pulse number per second of 1 or more, (b) an alternating-current voltage wave shape having a peak voltage of 1 kV or more and a frequency of 1 or more, (c) a direct current wave shape having a voltage of 1 kV or more, and (d) a voltage wave shape obtained by superimposing two or more kinds of these to the electrode from the pulse power source; figs. 1-3.
US 20100310434 A1: par [0004]; known that glow discharge is generated by placing a dielectric material between two electrodes and applying a high-voltage alternating current or a periodic pulse voltage, and in the plasma field resulting there from, active species, radicals, and ions are generated so as to facilitate decomposition and further reaction of a gas or liquid (refer to U.S. Pat. No. 5,414,324). Plasmas formed in this manner are commonly referred to as dielectric barrier discharges. Further it is known that gasses decomposed by the application of dielectric barrier discharge can be reformed into more desirable forms. For example, process and automobile exhaust gasses have been treated with such reactors (refer to U.S. Pat. No. 7,507,934); streamer formation is exacerbated at the pulse cycle end, or in low frequency driven systems and is the subject of extensive research (U.S. Pat. No. 7,399,944).
US 20130257311 A1: resonant tank 330; transformer 340; power supply; power stage 320; DBD 310; pars [0033]-[0035].
US 20140003994 A1: Figs. 3, 10, 12.
US 20210235573 A1: par [0073]; figs. 1, 4A-B.
US 20240409834 A1: Fig. 3; par [0057].
US 6119455 A: Figs. 1-6.
US 6156162 A: Figs. 1-2a-c; col. 5, ll. 18-40.
US 6245299 B1: Preferably, power supplies 24a, 24b and 24c are switching mode resonant power supplies, which are simple, efficient and inexpensive. FIG. 4 is a schematic diagram of a representative such power supply 24. Power supply 24 includes a DC power source 40 in series with a switch 44, a variable inductance 46, and the primary winding of a transformer 48; and in parallel with a capacitor 42. The secondary winding of transformer 48 is shown supplying the output AC current of power supply 24 to a DBD cell 12 represented by an equivalent circuit that includes a capacitance 50 in parallel with a resistance 52. Power source 40 supplies a DC voltage on the order of several tens to hundreds of volts. Capacitor 42 is of low equivalent series resistance, to enable high peak currents through the primary coil of transformer 48. Transformer 48 isolates power supply 24 from cell 12 and matches the load voltage and impedance of cell 12. Typically, the peak voltage supplied by the secondary winding of transformer 48 to cell 12 is on the order of about 300 volts to about 100 kilovolts. Variable inductance 46 is used for matching resonant conditions. Capacitance 50 alone represents cell 12 when cell 12 is empty. When cell 12 generates a plasma, the power drawn by the generation of the plasma is represented by resistance 52.
US 20190054418 A1: pars [0019], [0054], [0120]; Figs. 1B-3, 5, 6.
US 7615933 B2: figs. 6, 12, 14, 15, 16, 17, 22, 23.
US 6890495 B1: dielectric material in selected from the group consisting of alpha or gamma aluminas, cordierite, mullite, alumina silicate ceramics, silicon carbide, micaceous glass or mixtures; catalytically active surface is catalytically active towards the reduction of the emissions of one or more of nitrogenous oxides, particulate including carbonaceous particulate, hydrocarbons including polyaromatic hydrocarbons, carbon monoxide and other regulated or unregulated combustion products contained in said exhaust of said internal combustion engines; DBD.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONJI TURNER whose telephone number is (571)272-1203. The examiner can normally be reached Monday - Friday, 10:00 am - 2:00 pm (EST).
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, Jennifer Dieterle can be reached at (571) 270-7872. 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.
/SONJI TURNER/Examiner, Art Unit 1776 June 9, 2026
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776
Prosecution Insights