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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
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`CONF {MATION NO.
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`11/465,574
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`08/18/2006
`
`Roman Chistyakov
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`ZON—016CN2
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`1473
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`23701
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`7590
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`12/08/2009
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`RAUSCHENBACH PATENT LAW GROUP, LLC
`PO. BOX 387
`BEDFORD, MA 01730
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`EXAMINER
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`LE, TUNG X
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`ART UNIT
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`2821
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`MAIL DATE
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`12/08/2009
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`INTEL 1109
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`INTEL 1109
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`

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`
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`Office Action Summary
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`Application No.
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`Applicant(s)
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`11/465,574
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`Examiner
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`CHISTYAKOV, ROMAN
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`Art Unit
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)IXI Responsive to communication(s) filed on response to election 7/30/2009.
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`2a)I:I This action is FINAL.
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`2b)IZI This action is non-final.
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`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under EX parte Quayle, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)IZI Claim(s) 48-84 is/are pending in the application.
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`4a) Of the above Claim(s) 48-63 and 84-86 is/are withdrawn from consideration.
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`5)I:I Claim(s) _ is/are allowed.
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`6)IXI Claim(s) M is/are rejected.
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`7)I:I Claim(s) _ is/are objected to.
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`8)I:I Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`9)I:I The specification is objected to by the Examiner.
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`10)I:I The drawing(s) filed on
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`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)I:I All
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`b)I:I Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No.
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`
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`4) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date. _
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`5) I:I Notice of Informal Patent Application
`3) IZI Information Disclosure Statement(s) (PTO/SB/08)
`
`
`Paper No(s)/Mail Date 9/29/2006' 2/10/2009' 4/24/2009' 10/06/2009.
`6) D Other:
`U.S. Patent and Trademark Office
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`PTOL-326 (Rev. 08-06)
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`Office Action Summary
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`Part of Paper No./Mai| Date 12032009
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`

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`Application/Control Number: 11/465,574
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`Page 2
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`Art Unit: 2821
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`DETAILED ACTION
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`This Office Action is in response to the Applicant’s response to
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`election/restriction filed on July 30, 2009.
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`In virtue of this election:
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`0 Claims 1-47 are cancelled;
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`. Claims 48-63 and 84-86 are withdrawn; and thus,
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`. Claims 64-83 remain pending in the instant application.
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`Election/Restrictions
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`1.
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`Applicant’s election without traverse of claims 64-83 (Group II) in the reply filed
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`on July 30, 2009 is acknowledged.
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`Non-elected claims 48-63 and 84-86 need to be cancelled during the next
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`communication in order to advance prosecution of the instant application.
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`Double Patenting
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`The nonstatutory double patenting rejection is based on a judicially created
`2.
`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
`obviousness-type 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); and 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 a nonstatutory
`double patenting ground provided the conflicting application or patent either is shown to
`be commonly owned with this application, or claims an invention made as a result of
`activities undertaken within the scope of a joint research agreement.
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`

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`Application/Control Number: 11/465,574
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`Page 3
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`Art Unit: 2821
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`Effective January 1, 1994, a registered attorney or agent of record may sign a
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`37 CFR 3.73(b).
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`3.
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`Claims 64-73 are rejected on the ground of nonstatutory obviousness-type
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`double patenting as being unpatentable over claims 21-26 and 28-33 of U.S. Patent No.
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`7,095,179 82 in view of Lee et al. U.S. Patent No. 5,476,693.
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`With respect to claims 64-73, the inventions of claims 21-26 and 28-33 of U.S.
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`Patent No. 7,095,179 are including the inventions of claims 64-73 of the instant
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`application, but they are not including the limitations of "a strong plasma occurs without
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`forming an arc between the anode and the cathode assembly".
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`Lee discloses a method of generating a plasma, comprising that a formation of a
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`strong plasma occurs without forming an arc between the anode and the cathode
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`assembly (see figure 4 and column 8 in lines 41-55).
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`It would have been obvious to one of ordinary skill
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`in the art at the time the
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`invention was made to modify the plasma system of the inventions of claims 21-26 and
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`28-33 of the patent with a strong plasma occurring without an arc between the anode
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`and the cathode as taught by Lee for the purpose of getting a high electron density
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`during the generating plasma operation since this configuration for the stated purpose
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`would have been deemed obvious as evidenced by the teaching of Lee (see column 8
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`in lines 41-55).
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`4.
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`Claims 74-83 are rejected on the ground of nonstatutory obviousness-type
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`double patenting as being unpatentable over claims 38-43 and 46 of U.S. Patent No.
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`7,095,179 82 in view of Lee et al. U.S. Patent No. 5,476,693.
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`

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`Application/Control Number: 11/465,574
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`Page 4
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`Art Unit: 2821
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`With respect to claims 74-83, the inventions of claims 38-43 and 46 of U.S.
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`Patent No. 7,095,179 are including the inventions of claims 74-83 of the instant
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`application, but they are not including the limitations of "a strong plasma occurs without
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`forming an arc between the anode and the cathode assembly".
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`Lee discloses a method of generating a plasma, comprising that a formation of a
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`strong plasma occurs without forming an arc between the anode and the cathode
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`assembly (see figure 4 and column 8 in lines 41-55).
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`It would have been obvious to one of ordinary skill
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`in the art at the time the
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`invention was made to modify the plasma system of the inventions of claims 38-43 and
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`46 of the patent with a strong plasma occurring without an arc between the anode and
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`the cathode as taught by Lee for the purpose of getting a high electron density during
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`the generating plasma operation since this configuration for the stated purpose would
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`have been deemed obvious as evidenced by the teaching of Lee (see column 8 in lines
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`41-55).
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`Citation of Relevant Prior Art
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`5.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`Prior art Goebel (U.S. Patent No. 5,828,176) discloses planar cross field plasma
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`switch and method.
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`Prior art Goebel (U.S. Patent No. 5,537,005) discloses high current, low pressure
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`plasma cathode electron gun.
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`

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`Application/Control Number: 11/465,574
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`Page 5
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`Art Unit: 2821
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`Conclusion
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`6.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to TUNG X. LE whose telephone number is (571 )272-
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`6010. The examiner can normally be reached on 8:30 AM - 5:30 PM.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Douglas Owens can be reached on 571-272-1662. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
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`TXL 12/03/2009
`
`/David Hung Vu/
`Primary Examiner, Art Unit 2821
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`