UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`AddrcM: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.u!ipto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/065,629
`
`11/04/2002
`
`Roman Chistyakov
`
`ZON-002
`
`4225
`
`7590
`10/07n003
`23701
`RAUSCHENBACH PATENT LAW GROUP, LLC
`P.O. BOX 387
`BEDFORD, MA 01730
`
`EXAMINER
`
`LEE, WILSON
`
`ARTUNIT
`
`PAPERNUMBER
`
`2821
`
`DATE MAILED: 10/07/2003
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PT0-90C (Rev. 10/03)
`
`INTEL 1007
`
`

`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/065,629
`
`Examiner
`
`CHISTYAKOV, ROMAN
`
`Art Unit
`
`2821
`Wilson Lee
`•• The MAILING DATE of this communication appears on the cover sheet with the correspondence address ••
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE J MONTH(S) 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 the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`-
`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
`eamed patent tenn adjustment. See 37 CFR 1. 704(b ).
`Status
`1 )[gl Responsive to communication(s) filed on 04 November 2002.
`2b )[gl This action is non-final.
`2a)0 This action is FINAL.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`Disposition of Claims
`4)[8J Claim(s) 1-44 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)[8J Claim(s) 1-24.26.31-33,35-37.41.43 and 44 is/are rejected.
`7)[8J Claim(s) 25.27-30.34.38-40 and 42 is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`Application Papers
`9)0 The specification is objected to by the Examiner.
`10)[8J The drawing(s) filed on 04 November 2002 is/are: a)O accepted or b)[8J objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`11 )0 The proposed drawing correction filed on __ is: a)O approved b)O disapproved by the Examiner.
`If approved, corrected drawings are required in reply to this Office action.
`12)0 The oath or declaration is objected to by the Examiner.
`Pri rity under 35 U.S.C. §§ 119 and 120
`13)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*See the attached detailed Office action for a list of the certified copies not received.
`14)0 Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
`a) 0 The translation of the foreign language provisional application has been received.
`15)0 Acknowledgment is made of a claim for domestic priority under 35 U.S.C. §§ 120 and/or 121.
`Attachment(s)
`1) t8J Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) t8J Information Disclosure Statement(s) (PT0-1449) Paper No(s) 2,1..
`
`4) 0 Interview Summary (PT0-413) Paper No(s). __ .
`5) 0 Notice of Informal Patent Application (PT0-152)
`6) 0 Other:
`
`U.S. Patent and Trademarll Office
`PTOL-326 (Rev. 04-01)
`
`Office Action Summary
`
`Part of Paper No. 4
`
`

`
`I
`
`<
`
`Application/Control Number: 10/065,629
`Art Unit: 2821
`
`Drawings
`
`Page 2
`
`The drawings are objected to under 37 CFR 1.83(a). The drawings must show
`
`every feature of the invention specified in the claims. Therefore, the second volume of
`
`feed gas, third volume of feed gas, a means for exchanging the strongly-ionized
`
`plasma, a gas exchange means for exchanging the weakly-ionized plasma must be
`
`shown or the feature(s) canceled from the claim(s). No new matter should be entered.
`
`A proposed drawing correction or corrected drawings are required in reply to the
`
`Office action to avoid abandonment of the application. The objection to the drawings
`
`will not be held in abeyance.
`
`Claim Rejections- 35 U.S.C. 112
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and process of
`making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the
`art to which it pertains, or with which it is most nearly connected, to make and use the same and shall
`set forth the best mode contemplated by the inventor of carrying out his invention.
`
`Claims 1-21, 43 are rejected under 35 U.S.C. 112, first paragraph, as failing to
`
`comply with the enablement requirement. The claim(s) contains subject matter which
`
`was not described in the specification in such a way as to enable one skilled in the art to
`
`which it pertains, or with which it is most nearly connected, to make and/or use the
`
`invention.
`
`In regard to Claims 1, 3, 10, 12 and 43, a second volume of feed gas, a third
`
`volume of feed gas, a means for exchanging the strongly-ionized plasma and a means
`
`for exchanging weakly-ionized plasma have not been disclosed in the specification to
`
`enable one skilled in the art to make or use the invention. Applicant is respectfully
`
`

`
`'
`
`'
`
`Application/Control Number: 10/065,629
`Art Unit: 2821
`
`Page 3
`
`requested to point out the above limitations shown in the specification if examiner
`
`overlooked the disclosure.
`
`Claims 2-9 and 11-21 are vague by virtue of their dependency on claims 1 and
`
`10
`
`Claim Rejections- 35 U.S.C. 102
`
`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 -
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`Claims 1, 2, 4-11,19,20,22-24,26,31-33,35-37,41,43,44, as best
`
`understood, are rejected under 35 U.S.C. 102(b) as being anticipated by Koloc
`
`(5,041 ,760).
`
`In regard to Claim 1, Koloc discloses an apparatus for generating a
`
`strongly-ionized plasma, the apparatus comprising:
`
`an ionization source (18 in figure 1) that generates a weakly-ionized plasma
`
`(plasma at the pre-ionization region 62 in figure 8) from a volume of feed gas
`
`(from gas source 88 in figure 9);
`
`a power supply (46) that applies an electrical pulse across the weakly-ionized
`
`plasma to generate the strongly-ionized plasma (See Col. 5, lines 1-37, Col.
`
`13, lines 39-59); and
`
`a means (power supply 80 in figure 9 or high voltage source 16 in figure 1) for
`
`exchanging the strongly-ionized plasma with a second volume of feed gas
`
`

`
`Application/Control Number: 10/065,629
`Art Unit: 2821
`
`Page4
`
`(from gas source 88 in figure 9) while applying the electrical pulse (intensive
`
`pulsed electric field to produce a high stressed voltage condition. See Col.
`
`14, lines 27-56) across the second volume of feed gas to generate an
`
`additional strongly-ionized plasma.
`
`In regard to Claim 2, Koloc discloses that the power supply (80 or 16) applies the
`
`electrical pulse across the weakly-ionized plasma to excite atoms in the weakly-ionized
`
`plasma and to generate secondary electrons, the secondary electrons inherently
`
`ionizing the excited atoms, thereby creating the strongly-ionized plasma (See Col. 5,
`
`line 53 to Col. 6, line 6.
`
`In regard to Claims 4 and 5, Koloc discloses the power supply inherently
`
`generates a constant power and a constant voltage since the power source must
`
`constantly generate power or voltage to the ion source in order to generate plasma.
`
`In regard to Claim 6, Koloc discloses that the ionization source is an X-ray
`
`source, an electron beam source, or an ion beam source (See Col. 7, lines 3-11 ).
`
`In regard to Claim 7, Koloc discloses that a magnet (36) that is positioned to
`
`generate a magnetic field (flux 34) proximate to the weakly-ionized plasma, the
`
`magnetic field trapping electrons in the weakly-ionized plasma.
`
`In regard to Claim 8, Koloc discloses that the magnet comprises an
`
`electro-magnet since it receives electricity or plasma from electrode 76 and plasma gun
`
`(70) (See Figure 9).
`
`In regard to Claim 9, Koloc discloses the magnet is movable since it is not
`
`physically connected to anything shown in figure 9.
`
`

`
`. .
`
`Application/Control Number: 1 0/065,629
`Art Unit: 2821
`
`Page 5
`
`In re.gard to Claim 10, Koloc discloses a method for generating.a strongly ionized
`
`plasma, the method·comprising:
`
`-
`
`-
`
`-
`
`ionizing a volume of feed gas (from gas source 88) to form a weakly-ionized
`
`plasma (pre ionization region 62 shown in Figure 8);
`
`applying an electrical pulse (from electrodes 12 and 14) across the
`
`weakly-ionized plasma to generate the strongly-ionized plasma; and
`
`exchanging the strongly-ionized plasma with a second volume of feed gas
`
`(from another gas source 88) while applying the electrical pulse (intensive
`
`pulsed electric field to produce a high stressed voltage condition. See Col.
`
`14, lines 27-56) across the second volume of feed gas to generate an
`
`additional strongly-ionized plasma.
`
`In regard to Claim 11, Koloc discloses that the applying the electrical pulse
`
`across the weakly-ionized plasma excites atoms in the weakly-ionized plasma and
`
`generates secondary electrons, the secondary electrons ionizing the excited atoms,
`
`thereby creating a strongly-ionized plasma (intensive pulsed electric field to produce a
`
`high stressed voltage condition. See Col. 14, lines 27-56) (atom excitation. See Col. 5,
`
`line 53 to Col. 6, line 6).
`
`In regard to Claim 19, Koloc discloses that the ionizing the feed gas comprises
`
`exposing the feed gas to one of a static electric field, an pulsed electric field, UV
`
`radiation, X-ray radiation, electron beam radiation, and an ion beam (See Col. 7, lines 3-
`
`11 ).
`
`

`
`Application/Control Number: 10/065,629
`Art Unit: 2821
`
`Page 6
`
`In regard to Claim 20, Koloc discloses that generating a magnetic field (34)
`
`proximate to the weakly-ionized plasma, the magnetic field trapping electrons in the
`
`weakly-ionized plasma.
`
`In regard to Claim 22, Koloc discloses that an apparatus for generating a
`
`strongly-ionized plasma, the apparatus comprising:
`
`-
`
`-
`
`-
`
`-
`
`an anode (12) in figure 8;
`
`a cathode ( 14) that is positioned adjacent to the anode and forming a gap
`
`there between in figure 8;
`
`an ionization source (70 in figure 9) that generates a weakly-ionized plasma
`
`proximate to the cathode; and
`
`a power supply (16 in figure 1 0) that produces an electric field across the gap,
`
`the electric field generating excited atoms in the weakly-ionized plasma and
`
`generating secondary electrons from the cathode, the secondary electrons
`
`ionizing the excited atoms, thereby creating the strongly-ionized plasma (See
`
`Col. 5, lines 1-37, Col. 13, lines 39-59).
`
`In regard to Claim 23, Koloc discloses that the power supply inherently generates
`
`a constant power since the power source must constantly generate power or voltage to
`
`the ion source in order to generate plasma.
`
`In regard to Claim 24, Koloc discloses that the power supply inherently generates
`
`a constant voltage since the power source must constantly generate power or voltage to
`
`the ion source in order to generate plasma.
`
`

`
`Application/Control Number: 10/065,629
`Art Unit: 2821
`
`Page 7
`
`In regard to Claim 26, Koloc discloses that the electric field comprises a pulsed
`
`electric field (See Col. 14, lines 27 -56).
`
`In regard to Claim 31, Koloc discloses that the ionization source is chosen from
`
`the group comprising an electrode coupled to an X-ray source, an electron beam
`
`source, an ion beam source(See Col. 7, lines 3-11 ).
`
`In regard to Claim 32, Kolock discloses that a magnet (36) that is positioned to
`
`generate a magnetic field (34) proximate to the weakly-ionized plasma, the magnetic
`
`field trapping electrons in the weakly-ionized plasma proximate to the cathode.
`
`In regard to Claim 33, Koloc disclose a method for generating a strongly-ionized
`
`plasma, the method comprising:
`
`ionizing a feed gas (from gas source 88 in figure 9) to generate a
`
`weakly-ionized plasma proximate to a cathode (14 in figure 8); and
`
`-
`
`applying an electric field across the weakly-ionized plasma (See Figure 8) in
`
`order to excite atoms in the weakly-ionized plasma and to generate
`
`secondary electrons from the cathode, the secondary electrons ionizing the
`
`excited atoms, thereby creating the strongly-ionized plasma (See Col. 5, lines
`
`1-37, Col. 13, lines 39-59 and Col. 14, lines 27-56).
`
`In regard to Claim 35, Koloc discloses that the applying an electric field inherently
`
`comprises applying the electric field at a constant power since the power source must
`
`constantly generate power or voltage to the ion source in order to generate plasma.
`
`In regard to Claim 36, Koloc discloses that the applying-an electric field
`
`inherently comprises applying the electric field at a constant voltage since the power
`
`

`
`. .
`
`Application/Control Number: 10/065,629
`Art Unit: 2821
`
`Page 8
`
`source must constantly generate power or voltage to the ion source in order to generate
`
`plasma.
`
`In regard to Claim 37, Koloc discloses that the applying the electric field
`
`comprises applying an electrical pulse across the weakly-ionized plasma (e.g. intensive
`
`pulsed electric field to produce a high stressed voltage condition. See Col. 14, lines 27-
`
`56).
`
`In regard to Claim 41, Koloc discloses that generating a magnetic field (flux 34)
`
`proximate to the weakly-ionized plasma, the magnetic field trapping electrons in the
`
`weakly-ionized plasma.
`
`In regard to Claim 43, Koloc discloses an apparatus for generating a
`
`strongly-ionized plasma, the apparatus comprising:
`
`means (gas source 88 in figure 9) for ionizing a volume of feed gas to form a
`
`weakly-ionized plasma;
`
`means (12, 14 in figure 8) for applying an electrical pulse across the
`
`weakly-ionized plasma to generate the strongly-ionized plasma; and
`
`- means (16 in figure 8) for exchanging the strongly-ionized plasma with a
`
`second volume of feed gas (from gas source 88) while applying the electrical
`
`pulse across the second volume of feed gas to generate an additional
`
`strongly-ionized plasma (intensive pulsed electric field to produce a high
`
`stressed voltage condition. See Col. 14, lines 27-56).
`
`In regard to Claim 44, Koloc discloses an apparatus for generating a
`
`strongly-ionized plasma, the apparatus comprising:
`
`

`
`, .
`
`'
`
`>
`
`Application/Control Number: 10/065,629
`Art Unit: 2821
`
`Page 9
`
`means (gas source 88 in figure 9) for ionizing a feed gas to generate a
`
`weakly-ionized plasma proximate to a cathode (14 in figure 8); and
`
`means for applying an electric field across the weakly-ionized plasma in order
`
`to excite atoms in the weakly-ionized plasma and to generate secondary
`
`electrons from the cathode, the secondary electrons ionizing the excited
`
`atoms, thereby creating the strongly-ionized plasma (intensive pulsed electric
`
`field to produce a high stressed voltage condition. se·e Col. 14, lines 27-56
`
`and Col. 5, line 53 to Col. 6, line 6).
`
`Claim Rejections - 35 U.S.C. 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 1 02 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`Claim 16 is rejected under 35 U.S.C. 103(a) as being unpatentable over Koloc
`
`(5,041 ,760).
`
`In regard to Claim 16, Koloc discloses the rise time is extremely fast (See col. 5,
`
`lines 19-21 and 35-35) but fails to disclose it being between about 0.1 microsecond and
`
`10 seconds. However, since electrons flow (current stroke) very fast that is certainly
`
`.faster than 10 seconds speed which is in the claimed range. Since 10 seconds is very
`
`slow.
`
`

`
`, '
`
`r,
`
`'
`
`Application/Control Number: 10/065,629
`Art Unit: 2821
`
`Page 10
`
`Allowable subject matter
`
`Claims 25, 27-30, 34, 38-40, 42 are objected to as being dependent upon a
`
`rejected base claim, but would be allowable if rewritten in independent form including all
`
`of the limitations of the base claim and any intervening claims.
`
`Conclusion
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure. Hilliard (6,488,825) discloses a optically coupled sputter
`
`apparatus. Czernichowski et al. (5,993,761) discloses a plasma assistance device to
`
`steam reforming.
`
`Correspondence
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Examiner Wilson Lee whose telephone number is (703)
`
`306-3426. Any inquiry of a general nature or relating to the status of this application
`
`should be directed to the Technology Center receptionist whose telephone number is
`
`(703) 308-0956Any transmission not to be considered an official response must be
`
`clearly marked "DRAFT". The Technology Center Fax Center number is (703) 308-
`
`7722 or (703) 308-7724.
`
`Wilson Lee
`Patent Examiner
`U.S. Patent & Trademark Office
`
`WL
`9/29/03