Office Action 2: Notice of Allowance (2025-02-21)

CLAIMS:
Amendments to the Claims:

This listing of claims will replace all prior versions, and listings, of claims in theapplication.1. (Currently Amended) An air-breathing plasma thruster comprising:a thruster wall defining a cylindrical channel, the cylindrical channel havinga first end and an opposing second end in fluid communication with the first end,the cylindrical channel adapted to receive incoming airflow;an anode at the first end of the cylindrical channel;a cathode at the second end of the cylindrical channel opposite the firstend; andat least one additional, intermediate electron-emitting electrode positionedon the thruster wall.

2\. (Original) The air-breathing plasma thruster of claim 1 wherein the at least one, additional intermediate electrode is selected from the group consisting of a ring electrode, a semi-ring electrode, a non-ring electrode, and combinations thereof.

3\. (Currently Amended) The air-breathing plasma thruster of claim 1 wherein the at least one, additional intermediate electrode is positioned proximate the first end.

4\. (Original) The air-breathing plasma thruster of claim 1 wherein the at least one, additional intermediate electrode is biased positive.1

5\. (Original) The air-breathing plasma thruster of claim 1 wherein at least the anode is biased positive.

6\. (Original) The air-breathing apparatus of claim 1 wherein the first end is an inlet having the anode and the at least one, additional intermediate electrode is at least one ring electrode proximate thereto and the second end is an outlet having the cathode proximate thereto.

7\. (Currently Amended) The air-breathing apparatus of claim 1 wherein the second end is an outlet having the cathode and the at least one, additional intermediate electrode is at least one ring electrode proximate thereto and the first end is an inlet having the anode proximate thereto.

8\. (Original) The air-breathing plasma thruster of claim 1 further comprising a plurality of ring electrodes positioned on the thruster wall and biased negative with respect to the anode.

9\. (Original) The air-breathing plasma thruster of claim 8 wherein a bias voltage is applied to the plurality of ring electrodes wherein the bias voltage is selected from the group consisting of a DC bias, an RF bias, a pulsed bias, and a combination of a DC- RF and pulsed bias.
2

10\. (Currently Amended) The air-breathing plasma thruster of claim 8 wherein at least one of the plurality of electrodes is the electron-emitting electrode.

11\. (Original) The air-breathing plasma thruster of claim 10 wherein the electron- emitting electrode is selected from the group consisting of ion-induced secondary electron emission electrodes, thermionic emission electrodes, field emission electrodes and plasma cathodes.

12\. (Original) The air-breathing plasma thruster of claim 8 further comprising an extra bias applied to the plurality of ring electrodes, wherein the extra bias is configured to control electron flow between the electrodes and plasma flow in the channel.

13\. (Original) The air-breathing plasma thruster of claim 1 wherein the cylindrical chamber is longer than an ionization mean free path for electrons to ionize incoming air flow.

14\. (Currently Amended) The air-breathing plasma thruster of claim 13 wherein the ionization mean free path has a length .

15\. (Currently Amended) A satellite having an air-breathing plasma thruster, the air- breathing plasma thruster comprising:
3

a thruster wall having a plurality of magnetic fields formed therein and defining a cylindrical channel, the cylindrical channel having a first end and an opposing second end in fluid communication with the first end, the cylindrical channel adapted to receive an incoming airflow;
an anode proximate the first end;
a cathode proximate the second end;
at least one exit ring electrode biased positive and positioned on the thruster wall between the anode and the cathode; and
a plurality of ring electrodes biased neqative with respect to the anode and positioned on the thruster wall between the at least one exit electrode and the anode.

16\. (Currently Amended) The satellite of claim 15 wherein the first end is an inlet having the anode and at least one ring electrode of the plurality of ring electrodes proximate thereto and the second end is an outlet having the cathode proximate thereto.

17\. (Currently Amended) The satellite of claim 15 wherein the second end is an outlet having the cathode and at least one ring electrode proximate to the second end and the first end is an inlet having the anode proximate thereto.18. (Cancelled) 4

19\. (Original) The satellite of claim 15 wherein the anode is biased positive and the plurality of ring electrodes are biased negative with respect to the anode.

20\. (Currently Amended) The satellite of claim 15, wherein the satellite is adapted to operate at very low orbits at an altitude below 250 km.

21\. (Currently Amended) The satellite of claim 20 wherein the satellite is adapted to operate at very low orbits between 70 and 250 km.

22\. (Original) A method of forming a plasma jet using an air-breathing plasma thruster, the method comprising:
receiving incoming air flow in a cylindrical channel defined by the inside wall of the air-breathing thruster, forming a volume of air;
ionizing the volume of air using electron beams generated by cathodes and confined by segmented electrodes and one or more magnetic field cusps, forming ionized air;
accelerating the ionized air using applied electric and diverging magnetic fields, forming a plasma jet; and
generating the plasma jet at an outlet of the air-breathing thruster.
5

OFFICE ACTION:
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 .
Response to Amendment
The amendment filed on 5 February 2025 has been entered. Claim(s) 1-17 and 19-22 remain pending in this application. Claim(s) 18 has been cancelled.
The amendments to the claims have overcome the claim objections and §112(b) rejections set forth in the office action mailed 19 November 2024.
The drawings submitted in the response filed 5 February 2025 has overcome the drawing objections set forth in the office action mailed 19 November 2024.
Allowable Subject Matter
Claims 1-17 and 19-22 are allowed.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
The limitations “at least one of the plurality of electrodes is an electron-emitting electrode” along with the remaining limitations of Claim 1 are not taught or fairly suggested in the prior art of record for the same reasons as indicated in the office action mailed 19 November 2024.
Claims 2-14 depend from Claim 1 and necessarily include the allowable subject matter discussed above and therefore are allowed.
The limitations “the at least one exit ring electrode is biased positive” along with the remaining limitations of Claim 15 are not taught or fairly suggested in the prior art of record for the same reasons as indicated in the office action mailed 19 November 2024.
Claims 16-17 and 19-21 depend from Claim 15 and necessarily include the allowable subject matter discussed above and therefore are allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

APPLICANT REBUTTAL: Amendments to the Drawings:
The attached sheets include corrected drawings for Figures 1-8 in compliance with 37 CFR 1.121(d).
Attachment: Replacement Sheets
In Re S.N. 18/374,941
Amendment and Response
Page -7
REMARKS/ARGUEMENTS
Reconsideration of this Application and entry of this Amendment is respectfully requested. The present Amendment replies to a Non-Final Office Action of November 19, 2024. Claims 1-22 are pending in the present Application. Claim 22 was allowed, claims 10-11 and 18 were found allowable if rewritten in independent form. By this Amendment claims 1, 3, 7, 10, 14-17, and 20-21 are amended, and claim 18 is canceled. In the Office Action, the Examiner rejected the claims on various grounds. Applicant responds to the rejections as subsequently recited herein.
Drawings
The drawings stand objected to under 37 CFR 1.84. Corrected drawings in compliance with 37 CFR 1.121(d) are enclosed.
The objection to the drawings has been overcome. Acceptance of the drawings and withdrawal of the objection is respectfully requested.
Claim Objections
Claims 1
and 16 stand objected to
Claims 1, 3, and 16 are amended as suggested.
The objection to the claims has been overcome. Withdrawal of the objection is respectfully requested.
35 U.S.C. § 112 Rejections
Claims 7
,
,
,
20 and 21 stand rejected under 35 U.S.C.
@
112(b)
Claims 7, 14, 17, and 20-21 stand rejected under 35 U.S.C. § 112(b). Claims 7, 14, 17, and 20-21 are amended to overcome the rejection. Applicant respectfully submits that the Q112 rejection of claims 7, 14, 17, and 20-21 has been overcome.
35 U.S.C. § 102 Rejections
An anticipation rejection 35 U.S.C. §102 requires that a single prior art reference discloses each and every element of the claimed invention and as arranged as in the claim (See
MPEP
@
"A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference."
(MPEP
citing
Verde
g
aal Bros. v. Union Oil Co. of California,
814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987). "The identical invention must be shown in as complete detail as is contained in the ... claim."
(MPEP
@
citing
Richardson v. Suzuki Motor Co.,
868 F.2d 1226, 1236, 9 USPQ2d 1913, 1920 (Fed. Cir. 1989).
Applicant respectfully submits that the cited reference does not disclose each and every element of the claims as arranged therein.
Claims 1-5 and 13-14 stand rejected under 35 U.S.C.
102(a)(1)
In Re S.N. 18/374,941
Amendment and Response
Page -2
Claims 1-5 and 13-14 stand rejected under 35 U.S.C. § 102(a)(1) as being
anticipated by U.S. Pre-grant Publication No. 2021/0301797 to Allen (hereinafter "Allen"). Applicant respectfully submits that Allen does not disclose each and every element of the claimed invention as arranged as in the claim, and thus the §102 rejection of claims 1-5 and 13-14 has been overcome.
More specifically, claim 1 is amended to recite the allowable feature of claim 10, i.e., the "electron-emitting electrode". The Office Action provides that Allen discloses the "cathodes are used to collect the electrons and thus would not emit the electrons" (Office Action, pg. 16 citing Allen, para [0032]). Applicant respectfully submits that as Allen does not disclose each and every element of the claimed invention as arranged in claim 1 as amended, the Q102 rejection of claim 1 has been overcome.
Claims 2-5 and 13-14 depend from amended claim 1 and include all the features thereof. Claims 2-5 and 13-14 are allowable for all the reasons set forth for claim 1 above.
In light of the foregoing, Applicant contends that the claims listed above are not anticipated by Allen and respectfully requests withdrawal of the §102 rejections.
35 U.S.C. §103 Rejections
Obviousness is a question of law, based on the factual inquiries of 1) determining the scope and content of the prior art; 2) ascertaining the differences between the claimed invention and the prior art; and 3) resolving the level of ordinary skill in the pertinent art. Graham v John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966). To establish prima facie obviousness of a claimed invention, all the claim features must be taught or suggested by the prior art. In re Royka, 490 F.2d 981, 180 USPQ 580 (CCPA 1974). See MPEP a §2143.03.
Applicant respectfully asserts that the cited references fail to teach or suggest all the claim features.
Claims 6-9
,
,
15-17 and 19-21 stand re
j
ected under 35 U.S.C.
@
Claims 6-9, 12, 15-17, and 19-21 stand rejected under 35 U.S.C. § 103 as being unpatentable over Alen in view of U.S. Patent No. 11,510,307 to Perricone
(Hereinafter "Perricone") Applicant respectfully submits that Allen, alone or in combination with Perricone, does not teach or suggest all the claim features, and thus the §103 rejection of claims 6-9, 12, 15-17, and 19-21 has been overcome.
Claims 6-9 and 12 depend from claim 1. Claim 1 is amended to recite the
allowable feature of claim 10, i.e., the "electron-emitting electrode". The Office Action provides that Allen discloses "the cathodes are used to collect the electrons and thus would not emit the electrons" (Office Action, pg. 16 citing Allen, para [0032]). Perricone does not make up for this lack of teaching or suggestion by Allen. Applicant respectfully submits that as Allen, alone or in combination with Perricone, does not teach or suggest all of the claimed features of claim 1, claim 1 as amended is allowable. Claims 6-9 and 12 depend from claim 1 and include all the features thereof. Claims 6-9 and 12 are allowable for all the reasons set forth for claim 1 above.
16-17 and 19-21 depend from claim 15. Claim 15 is amended to recite the
allowable feature of claim 18, i.e., the "at least one exit ring electrode biased positive' along with the remaining limitations of Claim 18 are not taught for fairly suggested in the prior art of record" (Office Action, pg. 16). Applicant respectfully submits that as neither Allen nor Perricone does not teach or suggest all the claimed features of claim 15 as amended, the §103 rejection of claim 15 has been overcome.
Claims 16-17 and 19-21 depend from amended claim 15 and include all the
features thereof. Claims 16-17 and 19-21 are allowable for all the reasons of claim 15 above.
In light of the foregoing, Applicant requests withdrawal of the §103 rejections.
Should anything remain in order to place the present application in condition for allowance, the Examiner is kindly invited to contact
Mr. Timothy Harney
of this office at the telephone number listed below.
Dated: February 5, 2025
Respectfully submitted,