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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 11,628,414. This is a statutory double patenting rejection.
Regarding claims 1-12, U.S. Patent No. 11,628,414 claims a method for inducing a magnetic field in an exothermic reactor to trigger an exothermic reaction, the exothermic reactor comprising a vessel and one or more reaction materials, the reactor maintaining a pressure and a temperature and being surrounded by one or more coils, the method comprising: supplying a current to the one or more coils, wherein the strength of the current is determined based on a desired characteristic of the magnetic field; and switching off the current after a first time period; wherein the desired characteristic of the magnetic field and the first time period are determined to trigger the exothermic reaction and wherein the desired characteristic of the magnetic field and the first time period are dependent on the type of the exothermic reactor (see claim 1); wherein the desired characteristic of the magnetic field is a desired strength of the magnetic field or a desired polarity of the magnetic field (see claim 2); wherein, when the current is supplied to the one or more coils, the strength of the magnetic field increases until the current is switched off, and wherein the first time period is determined based on the desired strength of the magnetic field and the current (see claim 3); wherein, when the current is supplied to the one or more coils, the strength of the magnetic field reaches the maximum when the current reaches the maximum before the current is switched off, and wherein the first time period is determined based on the desired strength of the magnetic field and the current (see claim 4); further comprising supplying the current to the one or more coils after a second time period (see claim 5); wherein the direction of the current is reversed (see claim 6); wherein the current is turned on and off periodically with a predetermined frequency for triggering the exothermic reaction (see claim 7); wherein the frequency at which the direction of the current is reversed is determined for triggering the exothermic reaction (see claim 8); wherein a first coil of the one or more coils is parallel to a second coil of the one or more coils, and wherein the magnetic field generated by the first coil is aligned with the magnetic field generated by the second coil (see claim 9);
wherein a first coil of the one or more coils is perpendicular to a second coil of the one or more coils, and wherein a current running through the first coil and a current running through the second coil are turned on and off alternately (see claim 10); wherein the current in the first coil and the current in the second coil are phase locked (see claim 11); and wherein the desired characteristic of the magnetic field and the first time period further depend on one or more of the following factors: the one or more reaction materials, the temperature, the pressure, a substrate used for holding the one or more reaction materials, the shape of the exothermic reactor, and the size of the exothermic reaction (see claim 12).
Regarding claim 13, U.S. Patent No. 11,628,414 claims an apparatus for inducing a magnetic field in an exothermic reactor to trigger an exothermic reaction, the exothermic reactor comprising a vessel, one or more reaction materials, the exothermic reactor maintaining a temperature and a pressure, said apparatus comprising: one or more coils positioned in the surround of the exothermic reactor; one or more power supplies for supplying one or more currents to the one or more coils; wherein the one or more power supplies are configured to: supply the currents to the one or more coils, wherein the strength of each of the currents is determined based on a desired characteristic of the magnetic field; and switch off the currents after a first time period; wherein the desired characteristic of the magnetic field and the first time period are determined to trigger the exothermic reaction and wherein the desired characteristic of the magnetic field and the first time period are dependent on the type of the exothermic reactor (see claim 13); wherein the desired characteristic of the magnetic field is a desired strength of the magnetic field or a desired polarity of the magnetic field (see claim 14); wherein, when the current is supplied to the one or more coils, the strength of the magnetic field increases until the current is switched off, and wherein the first time period is determined based on the desired strength of the magnetic field and the current (see claim 15); wherein, when the current is supplied to the one or more coils, the strength of the magnetic field reaches the maximum when the current reaches the maximum before the current is switched off, and wherein the first time period is determined based on the desired strength of the magnetic field and the current (see claim 16); further comprising supplying the current to the one or more coils after a second time period (see claim 17); wherein the direction of the current is reversed (see claim 18);
wherein the current is turned on and off periodically with a predetermined frequency for triggering the exothermic reaction (see claim 19); and wherein the frequency at which the direction of the current is reversed is determined for triggering the exothermic reaction (see claim 20).
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)(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.
Claim(s) 14-20 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Sullivan (US 2017/0260634 A1).
Regarding claim 13, Sullivan discloses an apparatus for inducing a magnetic field in an exothermic reactor to trigger an exothermic reaction, the exothermic reactor comprising a vessel (a switching electro-chemical cell (14) with switching magnetic field and currents), one or more reaction materials, the exothermic reactor maintaining a temperature and a pressure, said apparatus comprising: one or more coils (coiled electrodes) positioned in the surround of the exothermic reactor; one or more power supplies for supplying one or more currents to the one or more coils; wherein the one or more power supplies ((AC1) is an alternating current power supply, switching DC H-bridge, or switching DC power supply, see figures 1f and 6 and paragraph 0019) are configured to: supply the currents to the one or more coils (coiled electrodes), wherein the strength of each of the currents is determined based on a desired characteristic of the magnetic field (see Abstract; figures 1-25 and paragraphs 0009-0071).
Because Sullivan discloses that the inductor includes coiled scrolled electrodes (2a) and (5a) (see figure 1f and paragraph 0024); a switching electro-chemical cell with switching magnetic field and currents; elements (58) and (57) are loads that are supplied with alternating on/off power; elements (16, 17, 18, 19) are cycling trigger pulses to switch electrodes on/off; and elements (16) and (18) are on while elements (17) and (18) are off and vice versa (see figure 8 and paragraph 0036), Sullivan discloses an apparatus capable of switching off the currents after a first time period; wherein the desired characteristic of the magnetic field and the first time period are determined to trigger the exothermic reaction and wherein the desired characteristic of the magnetic field and the first time period are dependent on the type of the exothermic reactor, since elements (16, 17, 18, 19) are cycling trigger pulses to switch electrodes on/off.
Regarding claims 14-20, Sullivan discloses an apparatus wherein the desired characteristic of the magnetic field is a desired strength of the magnetic field or a desired polarity of the magnetic field; wherein, when the current is supplied to the one or more coils, the strength of the magnetic field increases until the current is switched off, and wherein the first time period is determined based on the desired strength of the magnetic field and the current; wherein, when the current is supplied to the one or more coils, the strength of the magnetic field reaches the maximum when the current reaches the maximum before the current is switched off, and wherein the first time period is determined based on the desired strength of the magnetic field and the current; further comprising supplying the current to the one or more coils after a second time period; wherein the direction of the current is reversed; wherein the current is turned on and off periodically with a predetermined frequency for triggering the exothermic reaction; and wherein the frequency at which the direction of the current is reversed is determined for triggering the exothermic reaction (see Abstract; figures 1-25 and paragraphs 0009-0071), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The closest prior art references are Sullivan (US 2017/0260634 A1) and Allan et al. (US 2010/0329938 A1).
Regarding claim 1, Sullivan discloses a method and apparatus for carrying out highly efficient switching inductive magnetic Enhanced Exothermic Reactions (EERs) on the surface of electrodes with a conductive electrically heated lithium-polymer electrolyte with switching magnetic fields while under hydrogen loading pressures to produce a second exothermal electrode surface and/or plasma heat reaction to heat a fluid, gas, or heat thermoelectric modules to produce electricity and store energy, while producing a cross-linked carbon graphene by-product at elevated temperatures using an auger to pump and transport the electrolyte fuel in a continuous or intermittent process or a onetime use (see Abstract).
Allan et al. discloses a housing (120), a reaction zone (118), a selected biomass material (112), an induction coil (130), an alternating electrical current (132), and an alternating magnetic field (134) (see figures 1A-C and paragraphs 0031-0035).
The prior art references fail to disclose or suggest a method for inducing a magnetic field in an exothermic reactor to trigger an exothermic reaction, the exothermic reactor comprising a vessel and one or more reaction materials, the reactor maintaining a pressure and a temperature and being surrounded by one or more coils, the method comprising: supplying a current to the one or more coils, wherein the strength of the current is determined based on a desired characteristic of the magnetic field; and switching off the current after a first time period; wherein the desired characteristic of the magnetic field and the first time period are determined to trigger the exothermic reaction and wherein the desired characteristic of the magnetic field and the first time period are dependent on the type of the exothermic reactor.
Claims 2-12 depend on claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATASHA E YOUNG whose telephone number is (571)270-3163. The examiner can normally be reached M-F 7:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wang Claire can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NATASHA E. YOUNG
Examiner
Art Unit 1774
/NATASHA E YOUNG/Primary Examiner, Art Unit 1774