DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 10/31/24 has been considered by the examiner.
Priority
3. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
4. The disclosure is objected to because of the following informalities: on the last two lines of paragraph [0005], "Also, for separation...such as metal" is not a complete sentence, it is suggested that "Also, for" be changed to --Another application of an ionized gas is--. On the first line of paragraph [0006], the word "chapter" should be changed to --section--, and also on this line, the word "admittance" should be changed to --admission--. On the last line of paragraph [0008], the word "form" should be changed to --from--. On line 4 of paragraph [0009], the word --and-- should be inserted after the comma, and on line 5 of this paragraph, --a-- should be inserted after "by". On the first line of paragraph [0011], --a-- should be inserted after "discloses", and also on this line "is provided" should be deleted. On the second line of paragraph [0012], the word --which-- should be inserted at the beginning of the line before "includes". On line 7 of paragraph [0014], the word "with" should be changed to --to--. On line 4 of paragraph [0016], the word --an-- should be inserted after "therefore". On the second line of paragraph [0032], a comma should be inserted after the word "electrode", and on line 4 of this paragraph, the word "meaning" should be changed to --means--. On the first line of paragraph [0035], the second occurrence of "a" should be deleted. On the second line of paragraph [0039], --the fact-- should be inserted after the first occurrence of "to". On line 5 of paragraph [0041], the second occurrence of the word "and" should be changed to --with--. On the second line of paragraph [0042], the word --so-- should be inserted after "electrodes”, and also in this paragraph, all occurrences of "Oxygen" should be changed to --oxygen--, and all occurrences of "Nitrogen" should be changed to --nitrogen-- (and note that the same corrections should also be made in paragraph [0043], wherever they occur). On the second line of paragraph [0043], --a-- should be inserted at the beginning of line before "transform". On the second line of paragraph [0049], a comma should be inserted after "container". On the second line of paragraph [0050], "Glow" should be changed to --glow--. On the third line of paragraph [0053], "effects the arcs to greater" should be changed to --causes the arcs to have greater--. On the third line of paragraph [0056], "in" should be changed to --for--, and on line 4 of this paragraph, "the new ones" should be changed to --new ones--. On line 4 of paragraph [0057], the word "with" should again be changed to --to--. On line 3 of paragraph [0062], the word "turns" should be changed to --converts--, and note that the same change should also be made on line 4 of paragraph [0063]. On line 5 of paragraph [0063], ")" should be deleted. On the second line of paragraph [0065], "1, 1" should be changed to --1.1--, and note that the same change should also be made on lines 2 and 3 of paragraph [0066], i.e., the commas should be changed to periods. On line 3 of paragraph [0068], "Pair Production" should be changed to --pair production--. On the second line of paragraph [0073], "in the dependent" should be deleted. On the first line of paragraph [0077], the second occurrence of "a" should be changed to --the--. On the second line of paragraph [0092], the word "fifth" should be changed to --fourth--. On the last line of paragraph [0098], the word "of" should be deleted. On the first line of paragraph [0099], the first occurrence of the word "in" should be changed to --of--. On line 5 of paragraph [0100], the word "with" should again be changed to --to--, and note that the same change should also be made on line 7 of this paragraph. On the penultimate line of paragraph [0101], the second occurrence of the word "in" should be changed to --of--, and also on this line, "in the material" should be deleted. On line 8 of paragraph [0102], a comma should be inserted after the word "electrode". On line 2 of paragraph [0105], the word "turns" should again be changed to --converts--. On the first line of paragraph [0106], "the fig. 4" should be changed to --fig. 4--. On the second line of paragraph [0107], "7,5" should be changed to --7.5--, and on line 3 of this paragraph, the word "in" should be changed to --at--. On line 4 of paragraph [0108], "portion 40, 42 extends" should be changed to --portions 40, 42 extend--. On the first line of paragraph [0110], "28,50" should be changed to --28, 50--. On line 1 of paragraph [0111], "20" should be changed to --18--, and on line 3 of this paragraph, the first occurrence of "20" should again be changed to --18--. On line 7 of paragraph [0112], the word "synchronize" should be changed to --synchronizes--, and on the penultimate line of this paragraph, "sinus or cosinus" should be changed to --sine or cosine--. On line 6 of paragraph [0113], "a" at the beginning of the line should be changed to --the--, and on the penultimate line of this paragraph, "a" at the end of the line should be changed to
--the--. On the second line of paragraph [0115], the word --alternatively-- should be inserted after "can". On the last line of paragraph [0116], "1,5" should be changed to
--1.5--, and also on this line, the word --the-- should be inserted after "see". On the first line of paragraph [0119], the word "less" should be changed to --lower--. On the second line of paragraph [0120], the word "with" should again be changed to --to--. On line 4 of paragraph [0123], "turning a first part" should be changed to --rotating a first portion--, on line 6 of this paragraph, the word "with" should again be changed to --to--, and on the penultimate line of this paragraph, the word "part" should be changed to --portion-- (and note that the same change should also be made on the penultimate line of paragraph [0124]). On the third line of paragraph [0126], the word "in" should again be changed to --of-- (and note that the same change should also be made on line 4 of this paragraph). On the third line of paragraph [0127], the word "by" should be changed to
--as--. On line 8 of paragraph [0132], the word "turned" should be changed to
--rotated--, and note that the same change should also be made on lines 11 and 12 of this paragraph. On the second line of paragraph [0133], "channel" should be changed to --channels--, and on lines 3 and 5 of this paragraph, "part" should be changed to
--portion--. On the penultimate line of paragraph [0133], "with" should again be changed to --to--. On line 6 of paragraph [0136], "may" should be changed to --should-- (and note that the same change should also be made on line 4 of paragraph [0141]). On line 4 of paragraph [0143], a comma should be inserted after the word "electrodes". On line 7 of paragraph [0145], "4, 404" should be changed to --16, 416--, and on the last line of this paragraph, "part" should again be changed to --portion-- (and note that the same change should also be made on line 4 of paragraph [0146], and on lines 2, 4, 7 and 10 of paragraph [0147]). On the last line of paragraph [0149], "for" should be deleted, and "Pair Production" should again be changed to --pair production--. On line 5 of paragraph [0150], "with" should again be changed to --to--, and on the last line of this paragraph, "thanks" should be changed to --due--.
Appropriate correction is required.
Drawings
5. The drawings are objected to because figure 19 of the originally filed drawings is objected to because no reference numeral 604 is seen anywhere in this figure (note the second line of paragraph [0154] of the instant specification which indicates that ionization device 602 comprises a support structure 604 supporting the container 4), and figure 21 of the originally filed drawings is objected to because no reference numeral 714 is seen anywhere in this figure (note the third line of paragraph [0155] of the instant specification which indicates that the ionization device 302 in figure 11 is arranged in a casing 714). 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 Objections
6. Claims 1-21 are objected to because of the following informalities:
On line 7 of claim 1, the word "turning" should be changed to --rotating--, and also on this line, the word "part" should be changed to --portion--.
On line 8 of claim 1, the word "with" should be changed to --to--.
On line 9 of claim 1, the word "part" should again be changed to --portion--.
On the first line of claims 2-21, "A" should be changed to --The--.
On line 3 of claim 3, the word "part" should again be changed to --portion--.
On line 3 of claim 9, the word "part" should again be changed to --portion--.
On line 5 of claim 10, the word --and-- should be inserted before "wherein".
On line 4 of claim 11, the word "part" should again be changed to --portion--.
On line 5 of claim 13, the word --and-- should be inserted before "wherein".
On the first line of claim 14, the word --further-- should be inserted before "comprises".
On line 5 of claim 14, the word --and-- should be inserted before "wherein".
On the second line of claim 16, the word --further-- should be inserted before "comprises".
On the first line of claim 18, the word --the-- should be inserted after "wherein", and on the second line of this claim, the word --further-- should be inserted before "comprises".
On the second line of claim 15, the word --further-- should be inserted before "comprises".
On the second line of claim 21, the word --further-- should be inserted before "comprises".
Appropriate correction is required.
Claim Rejections - 35 USC § 112
7. 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.
Claims 1-21 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
On lines 7-8 of claim 1, "with an extension" is vague and indefinite, i.e., it cannot be determined by the examiner what is meant by reciting that the central fluid flow guide channel is "with an extension". It appears that applicant actually means to recite that the central fluid flow guide channel extends substantially in parallel to the longitudinal direction of the elongated container, and if this is the case, "with an extension" on lines 7-8 of claim 1 should be changed to --which extends--.
On the second line of claim 15, "the second pair of electrodes" lacks antecedent basis, the reason being that claim 13 does not recite any second pair of electrodes, i.e., it appears that claim 15 should instead go back to claim 14 where the second pair of electrodes are recited.
Claims 2-21 are rejected as being indefinite in view of their dependencies on indefinite claim 1.
Claim Rejections - 35 USC § 102
8. 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)(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 1-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Uchitel, U.S. Patent Application Publication No. 2023/0126911.
As to claim 1, Uchitel discloses, in figures 5B and 5D,
a device for ionization of a fluid, wherein the device comprises an elongated container (101) adapted for conveying the fluid in a gaseous state, a fluid ionizing arrangement (106) for ionizing the fluid, and at least one fluid flow directing unit (the fluid flow directing unit shown in figures 5B and 5D of Uchitel which rotates in order to create fluid flow through the container 101) arranged in the container, characterized in that the at least one fluid flow directing unit comprises at least one peripheral fluid flow guide channel (note peripheral guide channels 512 and 513 shown in figures 5B and 5D, respectively, of Uchitel) having an outlet (the end of Uchitel's fluid flow directing unit which allows plasma 10 to exit through the center hole 503 and also via the above-noted peripheral fluid flow guide channels 512 and 513) circumferentially displaced relative to an inlet (the unillustrated inlet at the end of the above-noted fluid flow directing unit opposite to the end having the above-noted outlet, i.e., where the fluid enters the fluid flow directing unit and is rotated therein) for rotating a first portion of the incoming fluid flow, and a central fluid flow guide channel (503) which extends substantially in parallel to the longitudinal direction of the elongated container for guiding a second portion of the incoming fluid flow substantially in the longitudinal direction of the elongated container.
As to claim 2, note that Uchitel's fluid flow directing unit comprises a plurality of circumferentially spaced peripheral fluid flow guide channels 512 and 513 as shown in figures 5B and 5D, respectively.
As to claim 3, note that Uchitel's peripheral fluid flow guide channels 512 and 513 have a substantially larger dimension than the fluid flow guide channel 5034 conveying a substantially larger portion of the incoming fluid flow.
As to claim 4, note that Uchitel's container 101 has a rounded inner surface and the fluid flow directing unit shown in figures 5B and 5D has a rounded peripheral surface substantially corresponding to a curvature of the rounded inner surface of the container, wherein the fluid flow directing unit is arranged in the container so that the rounded surfaces are in contact with each other.
As to claim 5, note that Uchitel's container 101 and the fluid flow directing unit are rigidly connected to each other.
As to claim 6, note that Uchitel's fluid flow directing unit comprises a body defining the peripheral fluid flow guide channels 512 and 513 and the central fluid flow guide channel 503.
As to claim 7, note that the inner surface of Uchitel's elongated fluid container 101 has a circular shape in cross section transverse to its longitudinal direction and a radially outer surface of Uchitel's fluid flow directing unit defines a circular shape of substantially the same dimension as the inner surface of the elongated fluid container 101.
Claim Rejections - 35 USC § 103
9. 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 8, 10, 12, 13 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Uchitel, supra.
As to claim 8, although Uchitel does not disclose the specifically claimed dimension of the inner surface of container 101, such would have been obvious to one of ordinary skill in the art, the reason being that it has long been held that discovering an optimum value of a result effective variable involves only routine skill in the art, see In re Boesch, 617 F.2d 272, 205, 205 USPQ 215 (CCPA 1980).
As to claim 10, note the last three lines of Uchitel's paragraph [0368] which indicate that the fluid ionizing arrangement of this reference can comprise a pair of electrodes, and also note that such electrodes can obviously be arranged within container 101 opposite each other and at a distance from each other in a transverse direction, the reason being that it was old and well-known in the art before the effective filing date of applicant's invention that ionizing arrangements included in a device for ionization of a fluid are typically formed as a pair of electrodes disposed opposite each other and at a distance from each other in a transverse direction of the container, and note further that container 101 will inherently convey the fluid in the gaseous state and a fluid flow past the pair of electrodes, and further note that the claimed power supply connected to Uchitel's pair of electrodes will be inherent, i.e., such electrodes by necessity require a power supply in order to be electrified and thus perform their ionizing function.
As to claim 12, note that Uchitel's fluid flow directing unit will be either inherently or obviously arranged within container 101 downstream of the above-noted pair of electrodes, in the direction of the fluid flow.
As to claim 13, the above-noted obvious power supply will inherently charge Uchitel's electrodes so that they are simultaneously negatively or positively charged for creating a potential difference between each electrode and the environment they are included in, thereby causing electric discharges to take place from each of the electrodes, and note that Uchitel’s container 101 will inherently be adapted for conveying the gaseous fluid past the electrodes in the environment during charging of the electrodes in order to charge them and thus create ionization of the fluid.
As to claim 17, although Uchitel does not disclose that the electrodes are provided with chemical coatings adapted to increase the corrosion resistance thereof, such would have been obvious to one of ordinary skill in the art, the reason being that the use of such chemical coatings provided on electrodes in a device for ionization of a fluid was old and well-known in the art before the effective filing date of applicant's invention, of which fact official notice is taken by the examiner.
As to claim 18, note paragraph [0377] of Uchitel which discloses the claimed fluid flow pumping means, and note further that the specific fluid flow rate would have been obvious to one of ordinary skill in the art, the reason being that as noted above it has long been held that discovering an optimum value of a result effective variable involves only routine skill in the art, see In re Boesch, 617 F.2d 272, 205, 205 USPQ 215 (CCPA 1980).
As to claim 19, again note paragraph [0377] of Uchitel which discloses the claimed fluid flow pumping means, and supplying the fluid flow in a pulsed manner to an inlet of container 101, to the extent not disclosed by Uchitel, would have been obvious to one of ordinary skill in the art, the reason being that it was also old and well-known in the art before the effective filing date of applicant's invention to use a fluid flow pumping means for supplying fluid flow into a container in a pulsed manner, of which fact official notice is again taken by the examiner.
As to claim 20, although Uchitel does not disclose the specifically claimed pressure within container 101, such would have been obvious to one of ordinary skill in the art, the reason being that as noted above it has long been held that discovering an optimum value of a result effective variable involves only routine skill in the art, see In re Boesch, 617 F.2d 272, 205, 205 USPQ 215 (CCPA 1980).
Allowable Subject Matter
10. Claims 9, 11 and 14-16 would be allowable if rewritten to overcome the rejections under 35 USC 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art of record discloses or suggests the device for ionization of a fluid as recited in claim 1, with the further limitation that the fluid flow directing unit comprises first and second fluid flow directing units, as recited in claim 9; nor does any of the prior art of record disclose or suggest the device for ionization of a fluid as recited in claim 10, with the further limitations that the fluid flow directing unit is arranged upstream of the first pair of electrodes in a direction of the fluid flow, the central fluid flow guide channel is adapted for guiding the second portion of the incoming fluid flow towards a position between the electrodes in the first pair for deflecting the electric discharges downstream, as recited in claim 11; nor does any of the prior art of record disclose or suggest the device for ionization of a fluid as recited in claim 13, with the further limitation that the device further comprises a second pair of electrodes, as recited in claims 14 and 15; nor does any of the prior art of record disclose or suggest the device for ionization of a fluid as recited in claim 10, with the further limitation of a magnetic field generating arrangement, as recited in claim 16.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH B WELLS whose telephone number is (571)272-1757. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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, LINCOLN DONOVAN can be reached at (571)272-1988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENNETH B WELLS/Primary Examiner, Art Unit 2842 January 23, 2026