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 .
Specification
The objection to the disclosure, set forth in the Office Action mailed 02/17/26, is hereby withdrawn due to amendments made by the Applicant.
Claim Objections
Claims 21-22 are objected to because of the following informalities:
Claims 21-22 are dependent on cancelled claim 14. For purposes of examination, claims 21-22 will be interpreted as being dependent on new independent claim 20.
Appropriate correction is required.
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.
Claims 9-13 and 20-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 5,798,613; reference of record).
Regarding claim 9, Lee teaches a cross-field device (magnetron; figures 4 and 5) comprising:
a cavity (The cavity/space within anode 42 can be seen in figures 4 and 5.) having an aperture (portion of cavity where vanes 41 are present);
said aperture changeable between a first size and a second size, said first size different than said second size (Lee teaches “changing … the height of vanes”. Abstract); and
changes to said aperture (changing number and size of vanes; abstract) of said cavity change the capacitance of said cavity (Similar to the instant application, the capacitance of a magnetron cavity is changed by changing a number/size of vanes within the magnetron cavity. Abstract of Lee.).
As for claim 10, Lee teaches wherein changes to said aperture of said cavity change both the capacitance of said cavity and the frequency of said cavity (Similar to the instant application, the capacitance and frequency of a magnetron cavity is changed by changing a number/size of vanes within the magnetron cavity. Abstract of Lee.).
As for claim 11, Lee teaches one or more spaced apart vanes (41) located in said cavity each of said vanes having a first dimension and second dimension (heights), said first dimension is different than said second dimension (changed heights), and each of said vanes are changeable between said first dimension and said second dimension (Lee teaches “changing … the height of vanes”. Abstract); and changing said dimensions of said one or more of said vanes changes the frequency of said cavity. (Lee teaches adjusting the frequency of a magnetron by adjusting the number of vanes and dimensions of vanes in the magnetron. Abstract of Lee.).
Regarding claim 12, Lee teaches wherein said dimensional change is a change in width of said vanes (Lee teaches adjusting the frequency of a magnetron by adjusting the number of vanes and dimensions of vanes in the magnetron. Abstract of Lee. The terms height and width are relative terms that are a matter of perspective.).
Regarding claim 13, Lee teaches wherein said dimensional change is a change in length of said vanes (Lee teaches adjusting the frequency of a magnetron by adjusting the number of vanes and dimensions of vanes in the magnetron. Abstract of Lee. The terms height and length are relative terms that are a matter of perspective.).
Regarding claim 20, Lee teaches a cross-field device (magnetron; figures 4 and 5) comprising:
a cavity (The cavity/space within anode 42 can be seen in figures 4 and 5.) having an aperture (portion of cavity where vanes 41 are present);
one or more spaced apart vanes (41) located in said cavity, each of said vanes having a first dimension and second dimension (heights), said first dimension and said second dimension are not the same (changed heights), and
each of said vanes are changeable between said first dimension and said second dimension (Lee teaches “changing … the height of vanes”. Abstract); and changing said dimensions (height) of said one or more of said vanes (41) changes said aperture of said cross field device, and changes to said aperture of said cavity change the capacitance of said cavity (Similar to the instant application, the capacitance of a magnetron cavity is changed by changing a number/size of vanes within the magnetron cavity. Abstract of Lee.).
Regarding claim 21, Lee teaches wherein said dimensional change is a change in width of said vanes (Lee teaches adjusting the frequency of a magnetron by adjusting the number of vanes and dimensions of vanes in the magnetron. Abstract of Lee. The terms height and width are relative terms that are a matter of perspective.).
Regarding claim 22, Lee teaches wherein said dimensional change is a change in length of said vanes (Lee teaches adjusting the frequency of a magnetron by adjusting the number of vanes and dimensions of vanes in the magnetron. Abstract of Lee. The terms height and length are relative terms that are a matter of perspective.).
Claims 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by La Rue et al. (US 2,983,843; “La Rue”; reference of record).
Regarding claim 9, La Rue teaches a cross-field device (magnetron; figures 3 and 4) comprising: a cavity (The cavity/space within anode 18 can be seen in figures 3 and 4.) having an aperture (portion of cavity where vanes 14 are present);
said aperture changeable between a first size and a second size, said first size different than said second size (The aperture is changed by changing the number of vanes; col. 3, lines 3-15, 46-49, 67-73); and
changes to said aperture (changing number of vanes; col. 3, lines 3-15, 46-49, 67-73) of said cavity change the capacitance of said cavity (La Rue teaches adjusting the frequency and capacitance of a magnetron by adjusting the number of vanes in the magnetron. Col. 3, lines 3-15, 46-49, 67-73).
As for claim 10, La Rue teaches wherein changes to said aperture of said cavity change both the capacitance of said cavity and the frequency of said cavity (La Rue teaches adjusting the frequency and capacitance of a magnetron by adjusting the number of vanes in the magnetron. Col. 3, lines 3-15, 46-49, 67-73).
Response to Arguments
Applicant's arguments filed 08/17/26 have been fully considered but they are not persuasive.
Regarding Applicant’s comments directed to the rejection of claim 9 under 35 U.S.C. 102(a)(1) as being anticipated by Lee, Applicant argues, Lee fails to teach an aperture that is “changeable between a first size and a second size” because the aperture of Lee cannot be made smaller or larger. (See bottom of page 9 of Applicant’s remarks.)
However, as seen in the abstract of Lee, Lee teaches changing number of vanes and dimensions of the vanes.
The claim does not recite a limitation for actively changing the aperture during operation of the cross-field device. As stated by the Applicant in the final sentence of page 9 of the Applicant’s remarks, claim 9 is drawn to an aperture device “that can be made smaller or larger”—not an aperture that is made smaller or larger during operation of the cross-field device.
Regarding Applicant’s comments directed to the rejection of claim 9 under 35 U.S.C. 102(a)(1) as being anticipated by La Rue, Applicant argues, La Rue fails to teach an aperture that is “changeable between a first size and a second size” because the aperture of Lee cannot be made smaller or larger. (See page 12 of Applicant’s remarks.)
However, as discussed above in the rejection of claim 9, La Rue teaches changing the aperture by changing the number of vanes (col. 3, lines 3-15, 46-49, 67-73).
Again, the claim does not recite a limitation for actively changing the aperture during operation of the cross-field device. As stated by the Applicant in the final sentence of page 9 of the Applicant’s remarks, claim 9 is drawn to an aperture device “that can be made smaller or larger”—not an aperture that is made smaller or larger during operation of the cross-field device.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/LEVI GANNON/Primary Examiner, Art Unit 2836 August 31, 2026
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