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 .
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishigaki et al (Cryogenics 2000; cited by Applicant) in view of Iddan (US 2003/0214580; cited by Applicant). With respect to claims 1-5, Nishigaki et al disclose the basic claimed helical magnetohydrodynamic (MHD) propulsion device with a cathode as a negative electrode having a cylindrical shape and including a seawater inlet, a seawater flow space in which the seawater flows, a seawater outlet to discharge seawater flow, an anode as a positive electrode disposed in the seawater flow and spaced apart from the cathode, the anode and cathode inducing electric current flow, a helical insulation wall to guide the seawater flow, a solenoid superconducting magnet to form a magnetic field to surround an outer circumference of the cathode, and an electricity supply part to supply electricity to the anode and cathode (pages 353-355; Figures 1-3). Not disclosed by Nishigaki et al is a fuel cell and details of the fuel cell. Iddan teaches a fuel cell in a MHD propulsion system 20, the device 50 having a power supply part 18 for providing electric power to electrodes 21A, 21B with the power supply part being one or more batteries, a rechargeable battery, an electrochemical cell, a fuel cell with cells 18A or any other suitable power source (paragraphs 0021-0035; Figures 1A, 2. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Nishigaki et al with a fuel cell in a MHD propulsion system, the device having a power supply part for providing electric power to electrodes with the power supply part being one or more batteries, a rechargeable battery, an electrochemical cell, a fuel cell with cells or any other suitable power source as taught by Iddan with a high likelihood of success for improved efficiency. The combination combines known features to achieve predictable results. Further, it is noted that a person of ordinary skill in the very complex art of MHD and fuel cells would have many years of experience and advanced degrees. Such a person would have been familiar with various MHD and fuel systems and would have found the combination to have been obvious. With respect to claim 3, note Nishigaki et al, pages 354-355; Figures 1-3. With respect to claims 4-5, note Iddan, paragraphs 0035-0036; Figures 1A, 2.
Claims 6-7 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Langford, III (US 5106035) shows a fuel cell.
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STEPHEN AVILA
Primary Examiner
Art Unit 3617
/STEPHEN P AVILA/ Primary Examiner, Art Unit 3615
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