NOTICE OF FINAL REJECTION
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 .
Response to Arguments
Applicant’s arguments, see amendments to claims and remarks filed on 09/21/2026, with respect to the rejection(s) of claim(s) 1-10,12-20 under statutory double patenting have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of changing the scope of claims it still reads on the amended claims for non-statutory double patenting rejection.
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).
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Claims 1-10, 12- 20 are rejected on the grounds of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US11153961. Although the claims at issue are not identical, they are not patentably distinct from each other because they represent same invention by same authors, same assignee and identical claim limitations with minor deviations which are very obvious to a person with ordinary skill in the art to envisage the differences and fabricate a system as claimed. Hence rejected under non-statutory double patenting. A comparison of claims were shown below.
Instant application 19083386 claim
Obvious over US11153961 patent claim
1. (Currently Amended) A system for plasma ignition and maintenance of an atmospheric pressure plasma, the system comprising: a variable frequency alternating current (AC) power source; a transformer having a magnetic core having a first pole on a primary side and a second pole on a secondary side,a primary winding comprising a first primary winding wound on the first pole on the primary side of the magnetic core, and a second primary winding connected in series with the first primary winding and disposed on the second pole; and a secondary winding on the second pole on the secondary side of the magnetic core, wherein the second primary winding coaxially surrounds the secondary winding; a cable connected to the secondary winding to output power from the transformer, and the cable having a capacitance to ground; and a programmed microprocessor for control of power to the atmospheric pressure plasma, wherein the primary winding is connectable to the AC power source, the cable is connectable to an electrode powering the atmospheric pressure plasma, the secondary winding and the cable are resonant at a resonant frequency fr when no plasma is present, and the programmed microprocessor is configured to a) at pre-ignition, power the AC power source at an operational frequency fop higher than the resonant frequency fr, b) decrease the operational frequency fop of the AC power source until there is plasma ignition, and c) after the plasma ignition, further decrease the operational frequency f0, of the AC power source to a frequency lower than the resonant frequency
1. A system for plasma ignition and maintenance of an atmospheric pressure plasma, the system comprising: a variable frequency alternating current (AC) power source; a transformer having a magnetic core, a primary winding on a primary side of the magnetic core, and a secondary winding on a secondary side of the magnetic core; a cable connected to the secondary winding to output power from the transformer, and the cable having a capacitance to ground; and a programmed microprocessor for control of power to the atmospheric pressure plasma, wherein the primary winding is connectable to the AC power source, the cable is connectable to an electrode powering the atmospheric pressure plasma, the secondary winding and the cable are resonant at a resonant frequency f.sub.r when no plasma is present, and the programmed microprocessor is configured to a) at pre-ignition, power the AC power source at an operational frequency f.sub.op higher than the resonant frequency f.sub.r, b) decrease the operational frequency f.sub.op of the AC power source until there is plasma ignition, and c) after the plasma ignition, further decrease the operational frequency f.sub.op of the AC power source to a frequency lower than the resonant frequency f.sub.r.
2. (Original) The system of claim 1, wherein when no plasma load is present, a voltage and a current on the secondary side of the transformer are out of phase from each other, and the voltage on the secondary side of the transformer peaks when a magnitude of the current in the secondary side of the transformer is substantially near zero.
2. The system of claim 1, wherein when no plasma load is present, a voltage and a current on the secondary side of the transformer are out of phase from each other, and the voltage on the secondary side of the transformer peaks when a magnitude of the current in the secondary side of the transformer is passing through zero.
3. (Original) The system of claim 1, wherein, at the pre-ignition, the programmed microprocessor is configured to set the frequency fop to at least 1.5 x fr.
3. The system of claim 1, wherein, at the pre-ignition, the programmed microprocessor is configured to set the frequency f.sub.op to at least 1.5×f.sub.r.
4. (Original) The system of claim 1, wherein, after plasma ignition, the programmed microprocessor is configured to adjust the operational frequency fop, wherein a rate of frequency change is 10x slower than the BW/2 Hz per 0.6/BW seconds.
4. The system of claim 1, wherein, after plasma ignition, the programmed microprocessor is configured to adjust the operational frequency f.sub.op, wherein a rate of frequency change is 10× slower than the BW/2 Hz per 0.6/BW seconds.
5. (Original) The system of claim 1, wherein the programmed microprocessor is configured to identify the plasma ignition by monitoring for a change in primary current wave-shape on the primary side of the transformer.
5. The system of claim 1, wherein the programmed microprocessor is configured to identify the plasma ignition by monitoring for a change in primary current wave-shape on the primary side of the transformer.
6. (Original) The system of claim 5, wherein a potentially damaging current spike is minimized because the plasma ignition occurs when an instantaneous value of AC current to the primary side of the transformer is substantially near zero.
6. The system of claim 5, wherein a potentially damaging current spike is minimized because the plasma ignition occurs when an instantaneous value of AC current to the primary side of the transformer is passing through zero.
7. (Original) The system of claim 1, wherein the programmed processor is configured to at least one of: a) provide repeated cycles of drive voltage at a plasma initiation frequency to provide time for the plasma ignition, and b) change the operational frequency fop of the AC power source by a step size that makes no more than a 10% voltage change per step near the plasma initiation frequency.
7. The system of claim 1, wherein the programmed processor is configured to at least one of: a) provide repeated cycles of drive voltage at a plasma initiation frequency to provide time for the plasma ignition, and b) change the operational frequency f.sub.op of the AC power source by a step size that makes no more than a 10% voltage change per step near the plasma initiation frequency.
8. (Original) The system of claim 1, wherein the plasma ignition occurs when stored energy in the secondary side of the transformer is substantially all in the capacitance of the cable.
8. The system of claim 1, wherein the plasma ignition occurs when stored energy in the secondary side of the transformer is substantially all in the capacitance of the cable.
9. (Original) The system of claim 8, wherein the transformer comprises a resonant transformer having a resonance associated with the capacitance of the cable and a leakage inductance of the transformer.
9. The system of claim 8, wherein the transformer comprises a resonant transformer having a resonance associated with the capacitance of the cable and a leakage inductance of the transformer.
10. (Original) The system of claim 1, wherein the secondary winding has more turns than the primary winding such that the transformer comprises a step-up transformer.
10. The system of claim 1, wherein the secondary winding has more turns than the primary winding such that the transformer comprises a step-up transformer.
11. (Canceled)
1 1-
12. (Currently Amended) The system of claim1, wherein a leakage inductance of the asymmetric ballast transformer opposes current surges at plasma ignition.
12. The system of claim 11, wherein a leakage inductance of the asymmetric ballast transformer opposes current surges at plasma ignition.
13. (Currently Amended) The system of claim L 1 wherein the second primary winding is displaceable from the secondary winding to alter a coupling coefficient of the transformer.
13. The system of claim 11, wherein the second primary winding is displaceable from the secondary winding to alter a coupling coefficient of the transformer.
14. (Currently Amended) The system of claim L 1 wherein the second primary winding wraps around the secondary winding.
14. The system of claim 11, wherein the second primary winding wraps around the secondary winding.
15. (Currently Amended) The system of claim 1 wherein the second primary winding is offset axially from and surrounds the secondary winding.
15. The system of claim 11, wherein the second primary winding is offset axially from and surrounds the secondary winding.
16. (Currently Amended) The system of claim 1 wherein the first primary winding is offset axially from the magnetic core.
16. The system of claim 11, wherein the first primary winding is offset axially from the magnetic core.
17. (Original) The system of claim 1, wherein the programmed microprocessor is configured to produce a drive signal for a transistor bridge connected to the transformer.
17. The system of claim 1, wherein the programmed microprocessor is configured to produce a drive signal for a transistor bridge connected to the transformer.
18. (Original) The system of claim 17, wherein the programmed microprocessor comprises an analogue to digital converter (ADC) in electrical communication with current and voltage sampling points around the transformer.
18. The system of claim 17, wherein the programmed microprocessor comprises an analogue to digital converter (ADC) in electrical communication with current and voltage sampling points around the transformer.
19. (Original) The system of claim 18, further comprising a current sense transformer connected to the primary winding of the transformer.
19. The system of claim 18, further comprising a current sense transformer connected to the primary winding of the transformer.
20. (Original) The system of claim 19, wherein the processor, the transistor bridge, the current sense transformer, and the analogue to digital converter (ADC) comprise a chirp plasma ignition and plasma maintenance controller for the system.
20. The system of claim 19, wherein the processor, the transistor bridge, the current sense transformer, and the analogue to digital converter (ADC) comprise a chirp plasma ignition and plasma maintenance controller for the system.
Obviousness Analysis
Referring to claim 1. US patent US11153961 recites: A system for plasma ignition and maintenance of an atmospheric pressure plasma, the system comprising: a variable frequency alternating current (AC) power source; a transformer having a magnetic core a cable connected to the secondary winding to output power from the transformer, and the cable having a capacitance to ground; and a programmed microprocessor for control of power to the atmospheric pressure plasma, wherein the primary winding is connectable to the AC power source, the cable is connectable to an electrode powering the atmospheric pressure plasma, the secondary winding and the cable are resonant at a resonant frequency fr when no plasma is present, and the programmed microprocessor is configured to a) at pre-ignition, power the AC power source at an operational frequency fop higher than the resonant frequency fr, b) decrease the operational frequency fop of the AC power source until there is plasma ignition, and c) after the plasma ignition, further decrease the operational frequency f0, of the AC power source to a frequency lower than the resonant frequency
But fails to recites having a first pole on a primary side and a second pole on a secondary side, a primary winding comprising a first primary winding wound on the first pole on the primary side of the magnetic core, and a second primary winding connected in series with the first primary winding and disposed on the second pole; and a secondary winding on the second pole on the secondary side of the magnetic core, wherein the second primary winding coaxially surrounds the secondary winding;
However, a person with ordinary skill in the art can envisage these limitations and recite them in the claim 1 in order to define the magnetic poles on each side of the transformer is routine skill in the art. Hence, claim 1 is rejected under non-statutory obvious double patenting.
Referring to claims 2-10 and 12-20 are having identical limitations with US Patent claims 2-20 and hence rejected under non-statutory double patenting.
Conclusion
Claims 1-10 and 12-20 are rejected under non-statutory double patenting.
Claim 11 is cancelled by applicant.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/SRINIVAS SATHIRAJU/ 10/03/2026
SRINIVAS . SATHIRAJU
Primary Examiner
Art Unit 2845
