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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 18-46 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,262,462. Although the claims at issue are not identical, they are not patentably distinct from each other because they are having common technical features; i.e., magnets configured to provide a magnetic mirror containment field with axially- extending magnetic flux lines converging proximate to a first axial end and a second axial end of a volume containing a plasma; a neutral beam generator configured to direct a neutral beam of particles into the plasma to generate ions in the volume, the generated ions having a first energy less than a fusion energy threshold of the generated ions (less than 50 keV); and a radiofrequency generator configured to produce an electric field, the electric field configured to accelerate the generated ions in the containment volume to a second energy greater than or equal to the fusion energy threshold of the generated ions (radiofrequency generator producing an electrical field to selectively accelerate plasma ions in the containment volume with higher energies to an energy sufficient for fusion of the plasma ions); the frequency of the electrical field is dependent on a cyclotron frequency at turning points for the generated ions in the magnetic mirror containment field; the frequency is a harmonic of the cyclotron frequency that is greater than the cyclotron frequency; the energy of the neutral beam is configured so that more than 50 percent of the neutral beam particles are converted to the generated ions; the radiofrequency generator boosts the energy of the generated ions by more than 2 times.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Monkhorst (USP 6,611,106) refereence discloses a system and apparatus for controlled fusion in a field reversed configuration (FRC) magnetic topology and conversion of fusion product energies directly to electric power. Preferably, plasma ions are magnetically confined in the FRC while plasma electrons are electrostatically confined in a deep energy well, created by tuning an externally applied magnetic field. In this configuration, ions and electrons may have adequate density and temperature so that upon collisions they are fused together by the nuclear force, thus forming fusion products that emerge in the form of an annular beam. Energy is removed from the fusion product ions as they spiral past electrodes of an inverse cyclotron converter. Monkhorst (USP 6,611,106) reference fails to disclose the generated ions having a first energy less than a fusion energy threshold of the generated ions; and a radiofrequency generator configured to produce an electric field, the electric field configured to accelerate the generated ions in the containment volume to a second energy greater than or equal to the fusion energy threshold of the generated ions as called for in claims 18, 33, 37 and 41.
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/TUAN T LAM/Primary Examiner, Art Unit 2836 5/27/2026
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