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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claim 11 recites the limitation "the range " in 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the range" in claim 9. There is insufficient antecedent basis for this limitation in the claim.
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, 5-7, and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yumura et al. (US 7598458 hereinafter Yumura).
In regards to claim 1, Yumura discloses;” A superconducting power cable (abstract) comprising: a former (Fig. 1 (2)), a superconducting conductor comprising a superconducting conductor layer arranged around the former (Fig. 1 (3), Col. 8, Lines 25-59), an insulation layer arranged around the superconducting conductor (Fig. 1 (4)), a screen arranged around the insulation layer (Fig. 1 (5 and 6), Col. 8, Lines 25-67), wherein the screen includes: two concentrically arranged conducting screen layers (Fig. 1, (5 and 6)), wherein at least one of the conducting screen layers is a normal conductor layer arranged to carry fault currents (Col. 7, Lines 55-67, Col. 9, lines 4-8), and an insulating or semiconducting layer arranged between the two conducting screen layers (Fig. 1 (shown) Col. 8, Lines 47-57).”
In regards to claim 5, Yumura discloses;” The superconducting power cable as claimed in claim 1, wherein the insulating or semiconducting layer is formed of tape laid helically around the insulation layer (Col. 1, Lines 25-53).”
In regards to claim 6, Yumura discloses;” The superconducting power cable as claimed in claim 1, wherein the insulating or semiconducting layer comprises a polymeric material (Col. 1, Lines 51-53, Col. 6, Lines 9-12 where mylar is a polymer).”
In regards to claim 7, Yumura discloses;” The superconducting power cable as claimed in claim 1, wherein the superconducting conductor layer is a first superconducting conductor layer, and the superconducting conductor includes an additional superconducting
conductor layer arranged in direct contact with the first superconducting conductor layer (Col. 4, Lines 33-42, Col. 8, Lines 43-58, where each conductor is formed from multiple layers of conductors).”
In regards to claim 13, Yumura discloses;” The superconducting power cable as claimed in claim 1, wherein the superconducting conductor screen layer is arranged directly radially outside of the insulation layer (Fig. 1 shows screen (5) outside layer (4)).”
In regards to claim 14, Yumura discloses;” The superconducting power cable as claimed in claim 1, wherein the superconducting conductor layer comprises a high temperature superconducting, HTS, material (Col. 1, Lines 16-24).”
In regards to claim 15, Yumura discloses;” The superconducting power cable as claimed in claim 1, wherein the superconducting power cable is an AC power cable (Abstract).”
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.
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.
Claim(s) 8 - 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yumura et al. (US 7598458 hereinafter Yumura).
In regards to claim 8, Yumura discloses; “The superconducting power cable as claimed in claim 1”, but does not directly disclose;” wherein an innermost of the conducting screen layers is a superconducting conductor screen layer.”
Yumura discloses the claimed invention except for an innermost of the conducting screen layers is a superconducting conductor screen layer. It would have been obvious to one having ordinary skill in the art at the time the invention was made to arrange the screen layer differently, since it has been held that rearranging parts of an invention involves only routine skill in the art.
In re Japikse, 86 USPQ 70. Therefore, rearranging the screen layer to be on the outermost position the claimed invention is disclosed.
In regards to claim 9, a modified Yumura discloses; “The superconducting power cable as claimed in claim 8, wherein the superconducting conductor layer comprises a plurality of elongated first superconducting elements laid in a first direction, and the superconducting conductor screen layer of the screen includes a plurality of elongated second
superconducting elements laid in the first direction (Col. 1, Lines 42-53).”
In regards to claim 10, a modified Yumura discloses; “The superconducting power cable as claimed in claim 9, wherein the elongated first superconducting elements have a first pitch and the elongated second superconducting elements have a second pitch, wherein a ratio between the inverse of the first pitch and the inverse of the second pitch is in a range of 0.5 to 1 .5 (Col. 10, Lines 10-21 give the various pith for screen and conductor which satisfies the ranges).”
In regards to claim 11, a modified Yumura discloses; “The superconducting power cable as claimed in claim 10, wherein the range is 0.8 to 1 .2 (Col. 10, Lines 10-21 give the various pith for screen and conductor which satisfies the ranges).
In regards to claim 12, a modified Yumura discloses; “The superconducting power cable as claimed in claim 10, wherein the range is 1.05 to 1 .1 (Col. 10, Lines 10-21 give the various pith for screen and conductor which satisfies the ranges).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yumura et al. (US 7598458 hereinafter Yumura) as applied to claims 1 and 2 above, and further in view of Hughey et al. (US 20030000731 hereinafter Hughey).
In regards to claim 4, Yumura discloses;” The superconducting power cable as claimed in claim 1”, but does not directly disclose;” wherein the screen comprises N concentrically arranged conducting screen layers, N being an integer equal to or greater than 2, and
N-1 insulating or semiconducting layers, wherein each of the insulating or semiconducting layers is arranged between respective pairs of adjacent conducting screen layers,
less than N-1 insulating or semiconducting layers, wherein each of the insulating or semiconducting layers is arranged between a respective one of a corresponding number of pairs of adjacent conducting screen layers.”
However Hughey discloses a superconductor structure with a former core, a semiconductor layer and insulation layer and a scree and conductor set of layers as shown in figure 2. In addition, Hughey further discloses added screen and shield layers (Fig. 2 (27), paragraph 0027). It would have been obvious to a skilled artisan to form added screens and shield layers for better performance of a super conductor structure so that transmitting of high current with low energy loss is possible. Therefore using the structure of Hughey with that of Yumura, the claimed invention is disclosed.
Allowable Subject Matter
Claims 2-3, and 16-20 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 MICHAEL F MCALLISTER whose telephone number is (571)272-2453. The examiner can normally be reached Monday-Friday 7 AM-4 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Thompson can be reached at 571-272-2342. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL F MCALLISTER/Examiner, Art Unit 2847
/TIMOTHY J THOMPSON/Supervisory Patent Examiner, Art Unit 2847
