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 .
Priority
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.
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 1-13 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, lines 9-10 recites “the power source can be activated” which renders the claim indefinite because the phrase “can be” is not a positive recitation. It is suggested to delete the phrase “can be” and amend to “the power source is activated”.
The term “substantially” in claim 1, line 11 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Does “remain substantially” mean that a deviation of 1, 5, 10, 15 or 20% is acceptable?
Claims 2-13 are also rejected to as being dependent upon claim 1.
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 1, 2, 3, 5, 6, 9 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shigeo (JPH10296446). An English machine translation of Shigeo (JPH10296446) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 1, Shigeo teaches a device for starting a plasma of a plasma torch (title, abstract), the device comprising: an elongate, hollow wand member comprising a closed distal end (Figs 1-5, plasma sleeve 2, nozzle portion 9, 0008), a proximal end (upper end of plasma sleeve 2, 0008), and one or more apertures extending from a hollow interior of the wand member to an exterior surface (horizontal hole 9a, 0008) of the wand member; and an elongate wire member comprising one or more wires positioned within (thin rod-shaped cathode electrode 1, 0008), the hollow interior of the wand member and extending along at least a portion of a length of the wand member, the wire member is configured to be placed in operable communication through the one or more apertures (see figures 3-4) with a power source (DC power supply (not shown) is connected between the cathode electrode 1 and the nozzle portion 9, 0008), such that the power source can be activated to in turn start the plasma within the plasma torch (0020, 0021), the wire member is configured to remain substantially within the hollow interior of the wand member when the plasma is started (Figs 3, 4, 0020, 0021).
With respect to the limitations of claims 2, 3, 5, 6, 9 and 10, Shigeo teaches the one or more apertures (horizontal hole 9a) are proximate to the closed distal end (plasma sleeve 2, nozzle portion 9);
the one or more apertures extend to an exterior surface on a lateral side (horizontal hole 9a) of the wand member;
the wand member comprises between 1 and 100 apertures (horizontal hole 9a);
the wire member comprises one wire (thin rod-shaped cathode electrode 1)
the wire member comprises a metal or metal alloy (thin rod-shaped cathode electrode 1);
the wand member comprises an open proximal end (open upper end of plasma sleeve 2);
the wire member (Fig 1, thin rod-shaped cathode electrode 1) extends at least from a position proximate the closed distal end (2, 9) to a position outside of the proximal end (open upper end of plasma sleeve 2).
Claims 1-3, 5, 6, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Rainer (US 3,845,344).
With respect to the limitations of claim 1, Rainer teaches a device for starting a plasma of a plasma torch (title, ignition apparatus), the device comprising: an elongate, hollow wand member (burner 1, Col 2) comprising a closed distal end (distal end of burner 1 closed by sleeve 4, electrode 5), a proximal end (nozzle 2, Col 2), and one or more apertures extending from a hollow interior of the wand member to an exterior surface of the wand member (Fig 2, hole for input connection 6, col 2); and an elongate wire member comprising one or more wires positioned within (electrode 5, Col 2) the hollow interior of the wand member and extending along at least a portion of a length of the wand member, the wire member is configured to be placed in operable communication through the one or more apertures with a power source (generator 12, Col 2), such that the power source can be activated to in turn start the plasma within the plasma torch, the wire member is configured to remain substantially within the hollow interior of the wand member when the plasma is started (Fig 2, portion of electrode within burner 1).
With respect to the limitations of claims 2, 3, 5, 6, 9 and 10, Rainer teaches the one or more apertures (hole for input connection 6) are proximate to the closed distal end (distal end of burner 1 closed by sleeve 4, electrode 5);
the one or more apertures extend to an exterior surface on a lateral side (hole for input connection 6) of the wand member;
the wand member comprises between 1 and 100 apertures (Fig 2, hole for input connection 6, col 2);
the wire member comprises one wire (electrode 5, Col 2);
the wire member comprises a metal or metal alloy (Col 2, Lines 55-60, electrode 5 made of Tungsten);
the wand member comprises an open proximal end (opening in nozzle 2).
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 4, 7, 8, 12 and 13 are rejected under 35 U.S.C. 103 as being obvious over Shigeo (JPH10296446) as applied to claim 1, further in view of KR20140001813. An English machine translation of KR20140001813 is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claims 4, 7, 8, 12 and 13, Shigeo disclose the claimed invention except for the power source comprises a microwave generator, and wherein a length of the wire member comprises 1/4 of a wavelength or longer of a microwave generated by the microwave generator; the wire member comprises more than one wire; the wand member comprises quartz or another microwave-transparent material; the wire member is fused to the hollow interior of the wand member; the wand member is in operable communication with a motor.
However, KR20140001813 discloses the power source comprises a microwave generator (0025, electromagnetic wave is applied through the wave guide 2), and a microwave generated (0005, wavelength between 1 mm to 10 cm) by the microwave generator; the wire member comprises more than one wire (Figs 1, 2, multiple wire shaped protrusions of ignition plug 5, 0023); the wand member comprises quartz or another microwave-transparent material (quartz tube 3, 0024); the wand member is in operable communication with a motor (electric motor 73, 0034) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the device for starting a plasma of Shigeo silent to a microwave generator and motor adapted to move the wand with the power source comprises a microwave generator, and a microwave generated by the microwave generator; the wire member comprises more than one wire; the wand member comprises quartz or another microwave-transparent material; the wand member is in operable communication with a motor of KR20140001813 for the purpose of using a known power source that is suitable for the generation of a plasma and a known motor actuation configuration that allows the height of the electrode to be accurately set in a suitable position, thereby improving the ignition efficiency of the device (0012, last par).
Shigeo in view of KR20140001813 discloses the claimed invention except for a length of the wire member comprises 1/4 of a wavelength or longer of a microwave generated by the microwave generator; the wire member is fused to the hollow interior of the wand member. However, it would have been obvious for one having ordinary skill in the art before the effective filing date was made to have a length of the wire member comprises 1/4 of a wavelength or longer of a microwave generated by the microwave generator; the wire member is fused to the hollow interior of the wand member, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable wire length ranges or wire member configurations involves only routine skill in the art (see MPEP 2144.04).
Claims 4, 7, 8, 12 and 13 are rejected under 35 U.S.C. 103 as being obvious over Rainer (US 3,845,344) as applied to claim 1, further in view of KR20140001813. An English machine translation of KR20140001813 is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claims 4, 7, 8, 12 and 13, Rainer disclose the claimed invention except for the power source comprises a microwave generator, and wherein a length of the wire member comprises 1/4 of a wavelength or longer of a microwave generated by the microwave generator; the wire member comprises more than one wire; the wand member comprises quartz or another microwave-transparent material; the wire member is fused to the hollow interior of the wand member; the wand member is in operable communication with a motor.
However, KR20140001813 discloses the power source comprises a microwave generator (0025, electromagnetic wave is applied through the wave guide 2), and a microwave generated (0005, wavelength between 1 mm to 10 cm) by the microwave generator; the wire member comprises more than one wire (Figs 1, 2, multiple wire shaped protrusions of ignition plug 5, 0023); the wand member comprises quartz or another microwave-transparent material (quartz tube 3, 0024); the wand member is in operable communication with a motor (electric motor 73, 0034) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the device for starting a plasma of Rainer silent to a microwave generator and motor adapted to move the wand with the power source comprises a microwave generator, and a microwave generated by the microwave generator; the wire member comprises more than one wire; the wand member comprises quartz or another microwave-transparent material; the wand member is in operable communication with a motor of KR20140001813 for the purpose of using a known power source that is suitable for the generation of a plasma and a known motor actuation configuration that allows the height of the electrode to be accurately set in a suitable position, thereby improving the ignition efficiency of the device (0012, last par).
Rainer in view of KR20140001813 discloses the claimed invention except for a length of the wire member comprises 1/4 of a wavelength or longer of a microwave generated by the microwave generator; the wire member is fused to the hollow interior of the wand member. However, it would have been obvious for one having ordinary skill in the art before the effective filing date was made to have a length of the wire member comprises 1/4 of a wavelength or longer of a microwave generated by the microwave generator; the wire member is fused to the hollow interior of the wand member, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable wire length ranges or wire member configurations involves only routine skill in the art (see MPEP 2144.04).
Allowable Subject Matter
Claims 14, 15 and 16 allowed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1-13 of the instant application is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,963,287 in view of Shigeo (JPH10296446).
US 11,963,287 discloses all the limitations of the claims except for the wand member encloses the wire member within the plasma torch except at the one or more apertures. However, Shigeo discloses the wand member (Figs 1-5, plasma sleeve 2, nozzle portion 9, 0008) encloses the wire member (thin rod-shaped cathode electrode 1, 0008) within the plasma torch except at the one or more apertures (horizontal hole 9a, 0008) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the device for starting a plasma of a plasma torch of instant application silent to the recited aperture with the wand member encloses the wire member within the plasma torch except at the one or more apertures of Shigeo for the purpose of providing a known wand member and horizontal hole configuration that allows for a plasma to be started in a plasma torch.
Conclusion
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 10/28/2025