Notice of Non 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 .
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. US12302485 B2 (Weinfeld485) in view of US11856683 B2 by Weinfield et al (Weinfeld683).
Referring to claim 1 of instant application, Claim 12 of Weinfeld485 recites: A stable plasma obtainment and confinement system, comprising:
a. a cylindrical chamber having a substantially reduced internal pressure, typically 10-3 - 10-7 Torr, and having a central axis and a first and a second distal ends;
b. a working gas source coupled with a means for injecting gas into the cylindrical chamber;
c. a means for generating a magnetic field in the cylindrical chamber;
d. a means for generating a plasma in the cylindrical chamber;
e. at least one physical anode wherein at least one of the at least one physical anode is configured around the central axis and proximal to a first distal end;
f. at least one physical cathode wherein at least one of the at least one physical cathode is configured coaxially with the cylindrical chamber and proximal to a second distal end;
g. at least one immersed electrode having a tip and being immersed within a volume defined by the cylindrical chamber and configured coaxially therewith; and
h. a controlling unit connected to other system components;
wherein escalation of charge movement towards chamber center axis substantially contributes to ion heating in chamber and to rotation of a main portion of the plasma therein, bringing about a self-generated local magnetic field, thereby increasing main plasma stability and confinement, (See claim 12-14 recites similar limitations).
But claim 12 is silent on wherein at least one volume of plasma not contained in the main plasma accumulates around the tip of the at least one immersed electrode, and wherein the rotation of said at least one volume of plasma not contained in the main plasma brings about a self-generated local electric/magnetic field that produces an ion mirroring effect (ion deflection).
However, Weinfeld683 patent teaches the missing limitations.
Hence, it would have been obvious to a person with ordinary skill in the art envisages the missing limitations and recites them before the effective filing date of the instant application as it represents the same invention by same applicant.
Referring to claims 2-21 US patent Weinfeld485 claim 1 in view of the US patent Weinfeld683 an ordinary skill in the art before the filing date of instant application claims can envisage the claim limitations as it represent the same invention by same applicant.
Referring to claim 22 of instant application claim 1 of US patent Weinfeld485 recites: A method for stably obtaining and confining a plasma, comprising: a. reducing internal pressure of cylindrical chamber, typically to between 10-3 - 10-7 Torr., said cylindrical chamber having a central axis and a first and a second distal end; b. injecting a working gas from a working gas source into the cylindrical chamber; c. generating a magnetic field in the cylindrical chamber; d. generating a plasma in the cylindrical chamber; e. disposing at least one physical anode around the central axis and proximal to a first distal end; f. disposing at least one physical cathode coaxially with the cylindrical chamber and proximal to a second distal end; g. disposing at least one immersed electrode having a tip and being immersed within a volume defined by the cylindrical chamber and configured coaxially therewith; and h. controlling system components with a controlling unit, whereby escalation of charge movement towards chamber center axis substantially contributes to ion heating in chamber and to rotation of a main plasma therein, bringing about a self-generated local magnetic field, thereby increasing main plasma stability and confinement, and whereby at least one volume of plasma not contained in the main plasma accumulates around the tip of the at least one immersed electrode (See claim 1 of US patent683).
But silent wherein the rotation of said at least one volume of plasma not contained in the main plasma brings about a self-generated local electric/magnetic field that produces an ion mirror having an ion mirroring effect (ion deflection).
However, Weinfeld683 patent teaches the missing limitations.
Hence, it would have been obvious to a person with ordinary skill in the art envisages the missing limitations and recites them before the effective filing date of the instant application as it represents the same invention by same applicant.
Conclusion
Claims 1-22 are rejected.
Prior Art : Relevant Prior art has been recorded at PTO 892. This invention is allowed previously. Allowable subject matter indicated previously.
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/SRINIVAS SATHIRAJU/06/09/2026
SRINIVAS . SATHIRAJU
Primary Examiner
Art Unit 2845
Prosecution Insights