Office Action 1: Non-Final Rejection (2024-11-19)
Rejection types: 102 - Lack of Novelty, 103 - Obviousness, 112 - Written Description/Enablement

CLAIMS:
CLAIMS

What is claimed is:

1\. An air-breathing plasma thruster comprising:a thruster wall 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 incoming airflow;
an anode at the first end of the channel;
a cathode at the second end of the channel opposite the first end; and
at least one additional, intermediate electrode positioned on the thruster wall.

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

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

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

6\. 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\. The air-breathing apparatus of claim 1 wherein the first 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 second end is an inlet having the anode proximate thereto.

8\. 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\. 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.

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

11\. 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\. 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\. 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\. The air-breathing plasma thruster of claim 13 wherein the ionization mean free path has a length extending from a few millimeters at an altitude of 100 km to nearly 1 m at the altitude of 150-160 km, and several meters at 200 km.
15.A satellite having an air-breathing plasma thruster, the air-breathing plasma thruster comprising: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 positioned on the thruster wall between the anode and the cathode; and
a plurality of ring electrodes positioned on the thruster wall between the at least one exit electrode and the anode.

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

17\. The satellite of claim 15 wherein the first end is an outlet having the cathode and at least one ring electrode proximate thereto and the second end is an inlet having the anode proximate thereto.

18\. The satellite of claim 15 wherein the at least one exit ring electrode is biased positive and the plurality of ring electrodes are biased negative with respect to the exit ring electrode.

19\. 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\. The satellite of claim 15, wherein the satellite is adapted to operate at very low orbits at an altitude below about 250 km.

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

22\. 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.

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 . Claims 1 -22 are pending in this application.
Drawings
The drawings are objected to because the drawings fail to meet the standard established in 37 CFR 1.84. Specifically, 37 CFR 1.84(a)(2) states “The color drawings must be of sufficient quality such that all details in the drawings a reproducible in black and white in the printed patent”. In the case of photographs CFR 1.84(b)(1) states “The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent.”.  “Further, 37 CFR 1.84(m) states “The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility”, “Spaced lines for shading are preferred” and “Solid black shading areas are not permitted, except when used to represent bar graphs or color”. The drawings provided are not sufficient quality for reproduction in black and white and the shading does not follow the guidelines set forth in 37 CFR 1.84(m).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
the Office action to avoid abandonment of the application. Any amended replacement drawing
sheet should include all of the figures appearing on the immediate prior version of the sheet,
even if only one figure is being amended. The figure or figure number of an amended drawing
should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate
figure must be removed from the replacement sheet, and where necessary, the remaining
figures must be renumbered and appropriate changes made to the brief description of the
several views of the drawings for consistency. Additional replacement sheets may be necessary
to show the renumbering of the remaining figures. Each drawing sheet submitted after the
filing date of an application must be labeled in the top margin as either “Replacement Sheet” or
“New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the
applicant will be notified and informed of any required corrective action in the next Office
action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 3 and 16 objected to because of the following informalities:
Regarding Claim 1, in Lines 5 and 6 “the channel” should be “the cylindrical channel”. Consistent terminology is requested.
Regarding Claim 3, in Line 1 “the at the at” should be “the at”.
Regarding Claim 16, in Lines 1-2 “at least one ring electrode proximate thereto” would be clearer is written “at least one ring electrode of the plurality of ring electrodes proximate thereto”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b)  CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 7, 14, 17 and 20-21 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Regarding Claim 7, the limitations “wherein the first 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 second end is an inlet having the anode proximate thereto” renders the claim indefinite.  It is unclear how the first end has the cathode and is the outlet when Claim 1 from which Claim 7 depends claims “a cathode at the second end of the channel”. Further it is unclear how the anode is at the second end when Claim 1 claims “an anode at the first end of the channel”. Even further it is unclear which end the intermediate electrode is proximate to since the other claimed structure is indefinite. For the purposes of this examination Claim 7 will be interpreted as “the at least one, additional intermediate electrode is at least one ring electrode”.
The terms “a few millimeters” in Line 2, “nearly 1 m” in Line 3, and “several meters” in Line 3 in claim 14 are relative terms which renders the claim indefinite. The terms “a few millimeters”, “nearly 1 m” and “several meters” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of this examination the claim will be interpreted as “the ionization mean free path has a length”.
Regarding Claim 17, the limitations “wherein the first end is an outlet having the cathode and at least one ring electrode proximate thereto and the second end is an inlet having the anode proximate thereto” renders the claim indefinite.  It is unclear how the first end has the cathode and is the outlet when Claim 15 from which Claim 17 depends claims “a cathode proximate the second end”. Further it is unclear how the anode is at the second end when Claim 1 claims “an anode proximate the first end”. Even further it is unclear which end at least one ring electrode is proximate to since the other claimed structure is indefinite. For the purposes of this examination Claim 17 will be interpreted as being disclosed when the limitations of Claim 15 are disclosed.
The term “about 250 km” in claim 20 is a relative term which renders the claim indefinite. The term “about 250 km” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of this examination the limitation will be interpreted as “250 km”.
The term “about 70 and 250 km” in claim 21 is a relative term which renders the claim indefinite. The term “about 70 and 250 km” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of this examination the limitation will be interpreted as “70 and 250 km”.
Claim Rejections - 35 USC § 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Allen (U.S. Pre-grant Publication 2021/0301797), hereinafter Allen.
Regarding Independent Claim 1, Allen discloses an air-breathing plasma thruster (Figure 2 – Paragraph 0050 – the thruster uses atmosphere as the working fluid and therefore is an air breathing thruster) comprising:
a thruster wall, 210, defining a cylindrical channel (the housing/wall, 210, is a tubular wall, therefore it defines a cylindrical channel), the cylindrical channel having a first end, 211, and an opposing second end, 212, in fluid communication with the first end (the working fluid, 201, flows from the first end to the second end, therefore they are in fluid communication with each other), the cylindrical channel adapted to receive incoming airflow (Paragraph 0050 – the working fluid, 115, is air, thus the channel receives an incoming airflow);
an anode, 236, at the first end of the channel (the anode, 236, is located at the first end, 211);
a cathode, 235, at the second end of the channel opposite the first end (the cathode is located at the second end, 212, opposite the first end); and
at least one additional, intermediate electrode (the anode, 237, is the intermediate electrodes) positioned on the thruster wall (the intermediate electrode is located on the thruster wall, 210).
Regarding Claim 2, Allen discloses the invention as claimed and discussed above. Allen further discloses the at least one, additional intermediate electrode is a non-ring electrode (Figure 2 – the intermediate electrode, 237, is a non-ring electrode since they do not extend around the wall, 210).
The remaining limitations are claimed as possible alternatives and therefore are not required when at least one other of the alternative limitations is disclosed.
Regarding Claim 3, Allen discloses the invention as claimed and discussed above. Allen further discloses the at the at least one, additional intermediate electrode is positioned proximate the first end (Figure 2 – the at least one intermediate electrode, 237, which is positioned near the first end, 211).
Regarding Claim 4, Allen discloses the invention as claimed and discussed above. Allen further discloses the at least one, additional intermediate electrode is biased positive (the anode, 237, is an intermediate electrode that is positively biased).
Regarding Claim 5, Allen discloses the invention as claimed and discussed above. Allen further discloses at least the anode is biased positive (Paragraph 0033 - the anode, 236, is a positive electrode).
Regarding Claim 13, Allen discloses the invention as claimed and discussed above. Allen further disclose the cylindrical chamber is longer than an ionization mean free path for electrons to ionize incoming air flow (Paragraph 0037 and 0046 – the flow of air, 201, is ionized as it flows in the cylindrical chamber, therefore the chamber is longer than an ionization mean free path for electrons to ionize incoming air flow).
Regarding Claim 14, Allen discloses the invention as claimed and discussed above. It is noted that the limitations of Claim 14 appear to claim a physical property of the working fluid that is being ionized, which in this case is air. As discussed above Allen uses air as the working fluid for propulsion and operates in the manner claimed.  Thus the structure of Allen would exhibit the same properties as claimed and thus the ionization mean free path of the air would have a length.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6-9, 12, 15-17 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Allen in view of Perricone (U.S. Patent No. 11,510,307), hereinafter Perricone.
Regarding Claim 6, Allen discloses the invention as claimed and discussed above. Allen further discloses the first end is an inlet (the first end, 211, is an inlet) having the anode (the anode, 236, is located at the first end) and the at least one, additional intermediate electrode is proximate thereto (the intermediate electrode, 237, is positioned next to the first end, 211) the second end is an outlet (the second end, 212, is an outlet) having the cathode proximate thereto (the cathode, 235, is located next to the second end, 212).
Allen does not explicitly disclose the at least one, additional intermediate electrode is at least one ring electrode.
However, Perricone teaches a plasma thruster (Title) that uses ring electrodes (Column 15, Lines 48-50 – the electrode is a ring electrode).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Allen by making the at least one, additional intermediate electrode is at least one ring electrode, as taught by Perricone, in order to control the thermal expansion of the electrode and control an overall beam shape of the plasma (Perricone – Column 8, Lines 26-30).
Regarding Claim 7, Allen discloses the invention as claimed and discussed above. Allen does not disclose the at least one, additional intermediate electrode is at least one ring electrode.
However, Perricone teaches a plasma thruster (Title) that uses ring electrodes (Column 15, Lines 48-50 – the electrode is a ring electrode).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Allen by making the at least one, additional intermediate electrode is at least one ring electrode, as taught by Perricone, in order to control the thermal expansion of the electrode and control an overall beam shape of the plasma (Perricone – Column 8, Lines 26-30).
Regarding Claim 8, Allen discloses the invention as claimed and discussed above. Allen further discloses a plurality of electrodes, 230, 231, 232, 233 and 234, positioned on the thruster wall (the plurality of electrodes are on the thruster wall) and biased negative with respect to the anode (Paragraph 0047 – the plurality of electrodes are biased negative relative to the anode, 236).
Allen does not explicitly disclose the plurality of electrodes are ring electrodes.
However, Perricone teaches a plasma thruster (Title) that uses ring electrodes (Column 15, Lines 48-50 – the electrode is a ring electrode).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Allen by making the plurality of electrodes, ring electrodes, as taught by Perricone, in order to control the thermal expansion of the electrode and control an overall beam shape of the plasma (Perricone – Column 8, Lines 26-30).
Regarding Claim 9, Allen in view of Perricone disclose the invention as claimed and discussed above. Allen further discloses a bias voltage is applied to the plurality of electrodes (Paragraph 0046 and 0048 – the plurality of electrodes, 230, 231, 232, 233 and 234, apply a bias voltage to the electrodes).
Thus the combination of Allen in view of Perricone would result in the bias voltage applied to the ring electrodes.
Allen in view of Perricone, as discussed so far, do not disclose 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 DCRF and pulsed bias.
However, Perricone further teaches that an electrode is biased negative in a pulsed bias (Column 8, Lines 50-52 and Column 12, Lines 11-17 – the electrode is biased negatively with a pulsed bias).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Allen in view of Perricone by making the biasing source a pulsed biasing source, as taught by Perricone, resulting in the bias voltage being pulsed bias because it has been held that a simple substitution of one known element (biasing source of Allen), for another (the pulsed biasing source of Perricone), to obtain predictable results providing a negative bias to the electrode (Column 12, Lines 11-17) was an obvious extension of prior art teachings. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421; MPEP 2141 III B.
Regarding Claim 12, Allen in view of Perricone disclose the invention as claimed and discussed above. Allen further discloses an extra bias applied to the plurality of electrodes (Paragraph 0046 and 0048 – the plurality of electrodes, 230, 231, 232, 233 and 234, apply a bias voltage to the electrodes), wherein the extra bias is configured to control electron flow between the electrodes and plasma flow in the channel (Paragraph 0046 and 0048 – the bias sources and links control the flow of electrons between the electrodes).
Thus the combination of Allen in view of Perricone would result in the bias voltage applied to the ring electrodes.
Regarding Independent Claim 15 and Claim 17, Allen discloses a satellite (Paragraphs 0007-0008, 0009 and 0030 – the vehicle that is carrying the engine is a vehicle that travels in orbit and therefore is considered a satellite) having an air-breathing plasma thruster (Figure 2 – Paragraph 0050 – the thruster uses atmosphere as the working fluid and therefore is an air breathing thruster), the air-breathing plasma thruster comprising:
a thruster wall, 210, having a plurality of magnetic fields formed therein (Figure 2 – Paragraph 0049 – a plurality of magnetic fields, 204, are within the thruster wall, 210) defining a cylindrical channel (the housing/wall, 210, is a tubular wall, therefore it defines a cylindrical channel), the cylindrical channel having a first end, 211, and an opposing second end, 212, in fluid communication with the first end (the working fluid, 201, flows from the first end to the second end, therefore they are in fluid communication with each other), the cylindrical channel adapted to receive incoming airflow (Paragraph 0050 – the working fluid, 115, is air, thus the channel receives an incoming airflow);
an anode, 236, proximate the first end (the anode, 236, is located at the first end, 211);
a cathode, 235, proximate the second end (the cathode is located at the second end, 212, opposite the first end);
at least one exit electrode, 231, positioned on the thruster wall (the exit electrode, 231, is on the thruster wall, 210) between the anode and the cathode (the exit electrode, 231, is located laterally between the anode, 236, and the cathode, 235); and
a plurality of electrodes, 230 and 233, positioned on the thruster wall (the plurality of electrodes are on the thruster wall) between the at least one exit electrode and the anode (the plurality of electrodes are laterally/left to right between the anode, 236, and the exit electrode, 231).
Allen does not explicitly disclose the exit electrode and the plurality of electrodes are ring electrodes.
However, Perricone teaches a plasma thruster (Title) that uses ring electrodes (Column 15, Lines 48-50 – the electrode is a ring electrode).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Allen by making the plurality of electrodes, ring electrodes, as taught by Perricone, in order to control the thermal expansion of the electrode and control an overall beam shape of the plasma (Perricone – Column 8, Lines 26-30).
Regarding Claim 16, Allen in view of Perricone disclose the invention as claimed and discussed above. Allen further discloses the first end is an inlet (the first end, 211, is an inlet) having the anode (the anode, 236, is located at the inlet) and at least one electrode proximate thereto (the electrode, 230, is next to the inlet, 211) and the second end is an outlet (the outlet, 212, is an outlet) having the cathode proximate thereto (the cathode, 235, is at the outlet).
The combination of Allen in view of Perricone would result in the electrode proximate to the inlet being a ring electrode.
Regarding Claim 19, Allen in view of Perricone disclose the invention as claimed and discussed above. Allen further discloses the anode is biased positive (Paragraph 0033 - the anode is a positive electrode) and the plurality of electrodes are biased negative with respect to the anode (Paragraph 0047 – the plurality of electrodes are biased negative relative to the anode, 236).
The combination of Allen in view of Perricone would result in the plurality of electrodes being ring electrodes.
Regarding Claim 20, Allen in view of Perricone disclose the invention as claimed and discussed above. It is noted that the limitation “the satellite is adapted to operate at very low orbits at an altitude below 250 km” is considered Intended use – It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex paste Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) – Further the vehicle/satellite would be capable of performing the claimed function.
Regarding Claim 21, Allen in view of Perricone disclose the invention as claimed and discussed above. It is noted that the limitation “the satellite is adapted to operate at very low orbits at an altitude between 70 and 250 km” is considered Intended use – It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex paste Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) – Further the vehicle/satellite would be capable of performing the claimed function.
Allowable Subject Matter
Claim 22 is allowed.
Claims 10-11 and 18 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.
The following is a statement of reasons for the indication of allowable subject matter:
The limitations “at least one of the plurality of electrodes is an electron-emitting electrode” along with the remaining limitations of Claim 10 are not taught or fairly suggested in the prior art of record.
The plurality of electrodes of Allen are cathodes which as described by Allen in paragraph 0032 that the cathodes are used to collect the electrons and thus would not emit the electrons.  Further it would not be obvious to change the electrodes to be electron emitting since they serve the specific purpose of collecting the electrons.
Perricone is silent regarding the plurality of electrodes including an electron emitting electrode.  Further it is noted that Column 12, Lines 6-42 describe the plurality of electrodes being used to attract electrons and not emit them.
Claim 11 depends from Claim 10 and therefore includes the indicated allowable subject matter indicated above.
The limitations “the at least one exit ring electrode is biased positive” along with the remaining limitations of Claim 18 are not taught or fairly suggested in the prior art of record for substantially the same reasons discussed above.
The limitations “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” along with the remaining limitations of Claim 22 are not taught or fairly suggested in the prior art of record.
Allen does not show confining the ionized volume of air with one or more magnetic field cusps and further the cathodes do not generate electron beams since they are used to collect the electron beams.
Hey (U.S. Patent No. 10,184,460) shows a plasma thruster with a thruster wall, 206, an anode, 204, and cathode, 202, with magnetic cusps but does not show a plurality of ring electrodes. Further Hey uses Xenon as the working gas instead of air.
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,

NEXT 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

CITED REFERENCE SUMMARIES: Ref US11473569B2: Claims:
An apparatus, comprising: a housing having apertures through which material can enter and exit; an anode coupled to the housing upstream from a plurality of cathodes; a leptonic source configured to emit beam electrons into the housing to ionize the material into a plasma according to a selectable ionization degree and deposit charge onto the plurality of cathodes in a progressively more negatively charged arrangement to establish an electric field of a selectable intensity in the plasma; a magnetic field source configured to produce a magnetic field in the plasma at a selectable angle to a flow of the plasma to at least partially entrain plasma electrons; wherein ions of the plasma are accelerated downstream in the housing by the electric field and impart momentum to a portion of the material to produce a thrust proportional to the selectable ionization degree of the plasma and the selectable intensity of the electric field.
a housing having apertures through which material can enter and exit;
an anode coupled to the housing upstream from a plurality of cathodes;
a leptonic source configured to emit beam electrons into the housing to ionize the material into a plasma according to a selectable ionization degree and deposit charge onto the plurality of cathodes in a progressively more negatively charged arrangement to establish an electric field of a selectable intensity in the plasma;
a magnetic field source configured to produce a magnetic field in the plasma at a selectable angle to a flow of the plasma to at least partially entrain plasma electrons;
wherein ions of the plasma are accelerated downstream in the housing by the electric field and impart momentum to a portion of the material to produce a thrust proportional to the selectable ionization degree of the plasma and the selectable intensity of the electric field.
The apparatus of claim 1 , comprising: power circuitry electrically coupled between at least two among the anode and the plurality of cathodes; the power circuitry configured to establish the progressively more negative charged arrangement, and provide electrical power to control circuitry configured to control the selectable ionization degree of the plasma and the selectable intensity of the electric field according to a desired thrust level.
power circuitry electrically coupled between at least two among the anode and the plurality of cathodes;
the power circuitry configured to establish the progressively more negative charged arrangement, and provide electrical power to control circuitry configured to control the selectable ionization degree of the plasma and the selectable intensity of the electric field according to a desired thrust level.
The apparatus of claim 1 , comprising: the leptonic source configured to emit the beam electrons with an angular configuration among the plurality of cathodes that establishes the progressively more negative charged arrangement.
the leptonic source configured to emit the beam electrons with an angular configuration among the plurality of cathodes that establishes the progressively more negative charged arrangement.
The apparatus of claim 1 , comprising: the leptonic source configured to hold isotope ions in a state in which electron capture decay is below a threshold probability, release a portion of the isotope ions for prompt electron capture decay to produce gamma radiation for impingement onto a target material and liberation of the beam electrons from the target material, wherein the portion is selected to achieve the selectable ionization degree of the plasma and the selectable intensity of the electric field.
the leptonic source configured to hold isotope ions in a state in which electron capture decay is below a threshold probability, release a portion of the isotope ions for prompt electron capture decay to produce gamma radiation for impingement onto a target material and liberation of the beam electrons from the target material, wherein the portion is selected to achieve the selectable ionization degree of the plasma and the selectable intensity of the electric field.
The apparatus of claim 4 , wherein the state in which electron capture decay is below the threshold probability comprises a fully ionized state of an isotope capable of electron capture decay.
The apparatus of claim 4 , wherein the target material forms the anode and comprises an electrically conductive material.
The apparatus of claim 1 , wherein the leptonic source comprises a first isotope material that employs electron capture decay for decay into a second isotope material with release of gamma radiation for liberation of the beam electrons from a target material, wherein a rate of the electron capture decay is controlled to produce the selectable ionization degree of the plasma and the selectable intensity of the electric field.
The apparatus of claim 7 , wherein the first isotope material comprises a beryllium isotope having 4 protons and 3 neutrons, and wherein the second isotope comprises a lithium isotope having 3 protons and 4 neutrons.
The apparatus of claim 1 , wherein the portion of the material with imparted momentum from the ions comprises neutral particles provided by a material source that enters the housing from a first of the apertures, and wherein the material is introduced from at least one among ingested atmospheric gas and a pressured propellant tank.
The apparatus of claim 1 , wherein the magnetic field source comprises an electromagnet device, and wherein the selectable angle is adjustable to select among performance characteristics for the thrust corresponding to thrust magnitude and specific impulse magnitude.
A method, comprising: controlling emission of electrons from a leptonic source into a housing to ionize material introduced into the housing and deposit charge onto a plurality of cathodes as having progressively more negative charge to establish an electric field in the material, wherein controlling the emission of the electrons produces a selectable ionization degree of the material and a selectable intensity of the electric field; producing a magnetic field in the material at a selectable angle to a flow of the material to at least partially entrain plasma electrons located in the housing; accelerating, with the electric field, ions formed in the material to exit the housing and produce a first portion of a thrust on the housing; imparting momentum, with the ions, to at least a portion of the material to produce a second portion of the thrust; wherein the thrust is proportional to the selectable ionization degree and the selectable intensity of the electric field.
controlling emission of electrons from a leptonic source into a housing to ionize material introduced into the housing and deposit charge onto a plurality of cathodes as having progressively more negative charge to establish an electric field in the material, wherein controlling the emission of the electrons produces a selectable ionization degree of the material and a selectable intensity of the electric field;
producing a magnetic field in the material at a selectable angle to a flow of the material to at least partially entrain plasma electrons located in the housing;
accelerating, with the electric field, ions formed in the material to exit the housing and produce a first portion of a thrust on the housing;
imparting momentum, with the ions, to at least a portion of the material to produce a second portion of the thrust;
wherein the thrust is proportional to the selectable ionization degree and the selectable intensity of the electric field.
The method of claim 11 , wherein an anode is positioned upstream from the plurality of cathodes.
The method of claim 12 , further comprising: in power circuitry electrically coupled between at least two among the anode and the plurality of cathodes, establishing the progressively more negative charge arrangement, and providing electrical power to control circuitry configured to control the selectable ionization degree of the plasma and the selectable intensity of the electric field according to a desired thrust level.
in power circuitry electrically coupled between at least two among the anode and the plurality of cathodes, establishing the progressively more negative charge arrangement, and providing electrical power to control circuitry configured to control the selectable ionization degree of the plasma and the selectable intensity of the electric field according to a desired thrust level.
The method of claim 12 , further comprising: emitting the electrons from the leptonic source with an angular configuration among the plurality of cathodes that establishes the progressively more negative charge.
emitting the electrons from the leptonic source with an angular configuration among the plurality of cathodes that establishes the progressively more negative charge.
The method of claim 11 , further comprising: in the leptonic source, holding isotope ions in a state in which electron capture decay is below a threshold probability, releasing a portion of the isotope ions for prompt electron capture decay to produce gamma radiation for impingement onto a target material and liberation of the electrons from the target material, wherein the portion is selected to achieve the selectable ionization degree of the plasma and the selectable intensity of the electric field.
in the leptonic source, holding isotope ions in a state in which electron capture decay is below a threshold probability, releasing a portion of the isotope ions for prompt electron capture decay to produce gamma radiation for impingement onto a target material and liberation of the electrons from the target material, wherein the portion is selected to achieve the selectable ionization degree of the plasma and the selectable intensity of the electric field.
The method of claim 15 , wherein the isotope ions comprise a first isotope material that employs the electron capture decay for decay into a second isotope material with release of the gamma radiation.
The method of claim 16 , wherein the first isotope material comprises a beryllium isotope having 4 protons and 3 neutrons, and wherein the second isotope comprises a lithium isotope having 3 protons and 4 neutrons.
The method of claim 11 , further comprising: adjusting the selectable angle of the magnetic field to select among performance characteristics for the thrust corresponding to thrust magnitude and specific impulse magnitude.
adjusting the selectable angle of the magnetic field to select among performance characteristics for the thrust corresponding to thrust magnitude and specific impulse magnitude.
A plasma fuel engine, comprising: a chamber having at least an entrance aperture and exit aperture through which a gas can enter and exit; an anode coupled to the housing upstream from a plurality of cathodes; a leptonic source configured to hold isotope ions in a state in which electron capture decay is below a threshold probability, and selectively induce prompt electron capture decay of a selected portion of the isotope ions to produce gamma radiation for impingement onto a target material and liberation of electrons from the target material; the leptonic source configured to emit the electrons into the chamber to ionize the gas according to a selectable ionization degree and deposit charge onto the plurality of cathodes in a progressively more negatively charged arrangement to establish an electric field of a selectable intensity, wherein the selected portion of the isotope ions is controlled to achieve the selectable ionization degree and the selectable intensity of the electric field; a magnetic field source configured to produce a magnetic field in the chamber at a selectable angle to a flow in the chamber to at least partially entrain additional electrons freed during ionization of the gas; wherein ions in the chamber are accelerated downstream by the electric field and impart momentum to a portion of the gas to produce a thrust proportional to the selectable ionization degree and the selectable intensity of the electric field.
a chamber having at least an entrance aperture and exit aperture through which a gas can enter and exit;
a leptonic source configured to hold isotope ions in a state in which electron capture decay is below a threshold probability, and selectively induce prompt electron capture decay of a selected portion of the isotope ions to produce gamma radiation for impingement onto a target material and liberation of electrons from the target material;
the leptonic source configured to emit the electrons into the chamber to ionize the gas according to a selectable ionization degree and deposit charge onto the plurality of cathodes in a progressively more negatively charged arrangement to establish an electric field of a selectable intensity, wherein the selected portion of the isotope ions is controlled to achieve the selectable ionization degree and the selectable intensity of the electric field;
a magnetic field source configured to produce a magnetic field in the chamber at a selectable angle to a flow in the chamber to at least partially entrain additional electrons freed during ionization of the gas;
wherein ions in the chamber are accelerated downstream by the electric field and impart momentum to a portion of the gas to produce a thrust proportional to the selectable ionization degree and the selectable intensity of the electric field.
Ref US20210301797A1: Claims:
An apparatus, comprising: a housing having apertures through which material can enter and exit; an anode coupled to the housing upstream from a cathode; a leptonic source configured to emit beam electrons into the housing to ionize the material into a plasma according to a selectable ionization degree and deposit charge onto the cathode to establish an electric field of a selectable intensity in the plasma; a magnetic field source configured to produce a magnetic field in the plasma at a selectable angle to the flow of the plasma to at least partially entrain plasma electrons; wherein ions of the plasma are accelerated downstream in the housing by the electric field and impart momentum to a portion of the material to produce a thrust proportional to the selectable ionization degree of the plasma and the selectable intensity of the electric field.
a housing having apertures through which material can enter and exit;
an anode coupled to the housing upstream from a cathode;
a leptonic source configured to emit beam electrons into the housing to ionize the material into a plasma according to a selectable ionization degree and deposit charge onto the cathode to establish an electric field of a selectable intensity in the plasma;
a magnetic field source configured to produce a magnetic field in the plasma at a selectable angle to the flow of the plasma to at least partially entrain plasma electrons;
wherein ions of the plasma are accelerated downstream in the housing by the electric field and impart momentum to a portion of the material to produce a thrust proportional to the selectable ionization degree of the plasma and the selectable intensity of the electric field.
The apparatus of claim 1 , comprising: additional cathodes coupled to the housing downstream from the cathode; wherein the additional cathodes are established as progressively more negative in charge than the cathode.
additional cathodes coupled to the housing downstream from the cathode;
wherein the additional cathodes are established as progressively more negative in charge than the cathode.
The apparatus of claim 2 , comprising: power circuitry electrically coupled between at least two among the anode, the cathode, and the additional cathodes; the power circuitry configured to establish the progressively more negative charge, and provide electrical power to control circuitry configured to control the selectable ionization degree of the plasma and the selectable intensity of the electric field according to a desired thrust level.
power circuitry electrically coupled between at least two among the anode, the cathode, and the additional cathodes;
the power circuitry configured to establish the progressively more negative charge, and provide electrical power to control circuitry configured to control the selectable ionization degree of the plasma and the selectable intensity of the electric field according to a desired thrust level.
The apparatus of claim 2 , comprising: the leptonic source configured to emit the beam electrons with an angular configuration among the cathode and the additional cathodes that establishes the progressively more negative charge.
the leptonic source configured to emit the beam electrons with an angular configuration among the cathode and the additional cathodes that establishes the progressively more negative charge.
The apparatus of claim 1 , comprising: the leptonic source configured to hold isotope ions in a state in which electron capture decay is below a threshold probability, release a portion of the isotope ions for prompt electron capture decay to produce gamma radiation for impingement onto a target material and liberation of the beam electrons from the target material, wherein the portion is selected to achieve the selectable ionization degree of the plasma and the selectable intensity of the electric field.
the leptonic source configured to hold isotope ions in a state in which electron capture decay is below a threshold probability, release a portion of the isotope ions for prompt electron capture decay to produce gamma radiation for impingement onto a target material and liberation of the beam electrons from the target material, wherein the portion is selected to achieve the selectable ionization degree of the plasma and the selectable intensity of the electric field.
The apparatus of claim 5 , wherein the state in which electron capture decay is below a threshold probability comprises a fully ionized state of an isotope capable of electron capture decay.
The apparatus of claim 5 , wherein the target material forms the anode and comprises an electrically conductive material.
The apparatus of claim 1 , wherein the leptonic source comprises a first isotope material that employs electron capture decay for decay into a second isotope material with release of gamma radiation for liberation of the beam electrons from a target material, wherein a rate of the electron capture decay is controlled to produce the selectable ionization degree of the plasma and the selectable intensity of the electric field.
The apparatus of claim 8 , wherein the first isotope material comprises a beryllium isotope having 4 protons and 3 neutrons, and wherein the second isotope comprises a lithium isotope having 3 protons and 4 neutrons.
The apparatus of claim 1 , wherein the portion of the material with imparted momentum from the ions comprises neutral particles provided by a material source that enters the housing from a first of the apertures, and wherein the material is introduced from at least one among ingested atmospheric gas and a pressured propellant tank.
The apparatus of claim 1 , wherein the magnetic field source comprises an electromagnet device, and wherein the selectable angle is adjustable to select among performance characteristics for the thrust corresponding to thrust magnitude and specific impulse magnitude.
A method, comprising: controlling emission of electrons from a leptonic source into a housing to ionize material introduced into the housing and deposit charge onto a cathode to establish an electric field in the material, wherein controlling the emission of the electrons produces a selectable ionization degree of the material and a selectable intensity of the electric field; producing a magnetic field in the material at a selectable angle to a flow of the material to at least partially entrain plasma electrons located in the
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