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 .
DETAILED ACTION
Receipt of preliminary amendment filed on 09/19/2024 is acknowledged. Claim 9 has been amended. Thus, claims 1-9 are pending in the instant application.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 09/19/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 1, it is suggested that the limitation recites “A circular accelerator that applies a static magnetic field that circulates a charged particle beam,” should be changed to --A circular accelerator that applies a static magnetic field that circulates a charged particle beam, comprising: -- to make it clearer.
Appropriate correction is required.
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 1-9 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 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative
relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: “after a radio frequency acceleration voltage stop, the radio frequency acceleration voltage control device obtains the circulation frequency of the charged particle beam circulating inside the circular accelerator or kinetic energy of the charged particle beam, and the radio frequency extraction voltage control device generates the radio frequency disturbance electric field according to the obtained circulation frequency or kinetic energy.”
In addition, a claim which fails to interrelate essential elements of the invention as defined by applicant(s) in the specification may be rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, for failure to point out and distinctly claim the invention. See In re Venezia, 530 F.2d 956, 189 USPQ 149 (CCPA 1976); In re Collier, 397 F.2d 1003, 158 USPQ 266 (CCPA 1968). But see Ex parte Nolden, 149 USPQ 378, 380 (Bd. Pat. App. & Inter. 1965) ("[I]t is not essential to a patentable combination that there be interdependency between the elements of the claimed device or that all the elements operate concurrently toward the desired result"); Ex parte Huber, 148 USPQ 447, 448-49 (Bd. Pat. App. & Inter. 1965) (A claim does not necessarily fail to comply with 35 U.S.C. 112, second paragraph where the various elements do not unction simultaneously, are not directly functionally related, do not directly incorporate, and/or serve independent purposes.)
Regarding claim 1, the limitation recites “the radio frequency disturbance electric field is generated according to the obtained circulation frequency or kinetic energy” is unclear and leaves the reader in doubt as to the meaning of the technical feature to which it refers. It is unclear that how does the radio frequency disturbance electric field is generated? Maybe, a radio frequency extraction voltage control device generates the radio frequency disturbance electric field according to the obtained circulation frequency or kinetic energy. And how does a circulation frequency of the charged particle beam circulating inside the circular accelerator or kinetic energy of the charged particle beam is obtained after stopping the radio frequency acceleration electric field? Maybe, a radio frequency acceleration voltage control device obtains the circulation frequency of the charged particle beam circulating inside the circular accelerator or kinetic energy of the charged particle beam after a radio frequency acceleration voltage stop.
The claims fail to recite sufficiently definite structure, material or acts for achieving the functional result recited in the claim to reasonably apprise one of ordinary skill in the art of the scope of the claims.
Claims 2-9 are depending on claim 1, and are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph as the same reason as stated above.
Allowable Subject Matter
Claims 1-9 are allowable if the objections and 112 issues above are fixed.
Citation of Relevance Prior Arts
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Aoki et al. (U.S Publication No. 20200330793 A1) discloses an accelerator includes: a plurality of ion sources that generate a plurality of different types of ions; an electromagnet that generates a magnetic field; and a high frequency cavity that generates a high frequency electric field. The center of an orbit of the ion is eccentric with acceleration, the magnetic field generated by the electromagnet is a magnetic field distribution that decreases outward in a radial direction of the orbit, the high frequency cavity accelerates the ion up to a predetermined energy by the high frequency electric field adjusted to an orbital frequency in response to a nuclide of the incident ion, and a frequency of the high frequency electric field changes following an energy of the ion.
Hae et al. (U.S Publication No. 20210195725 A1) discloses a circular accelerator that applies a radiofrequency wave in a main magnetic field to accelerate charged particle beam while increasing an orbit radius, another radiofrequency wave with a frequency different from the radiofrequency wave used for acceleration is applied to the charged particle beam in order to extract the charged particle beam. Thereby, in the circular accelerator that accelerates charged particle beam while increasing an orbit radius by applying a radiofrequency wave in a main magnetic field, the high precision control on extraction of the charged particle beam from the circular accelerator is achieved.
Conclusion
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/Thai Pham/Primary Examiner, Art Unit 2844 01/09/2026