Skip to main content

Full text of "USPTO Patents Application 08479810"

See other formats



Application No. 


Applicant(s) 


Notice of Allowability 


08/479,810 


BEDNORZ ET AL. 


Examiner 


Art Unit 






MARK KOPEC 


1761 





~ The MAILING DATE of this communication appears on the cover sheet with the correspondence address- 

All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included 
herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS 
NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative 
of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308. 

1 . K| This communication is responsive to Amend/Remarks filed 02/22/1 1 . 

2. ^ The allowed claim(s) is/are 1-679 . 

3. ^ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 1 9(a)-(d) or (f). 

a) ^ All b) □ Some* c) □ None of the: 

1 . Q Certified copies of the priority documents have been received. 

2. ^ Certified copies of the priority documents have been received in Application No. 07/053,307 . 

3. O 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)). 
* Certified copies not received: . 

Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements 
noted below. Failure to timely comply will result in ABANDONMENT of this application. 
THIS THREE-MONTH PERIOD IS NOT EXTENDABLE. 

4. □ A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF 

INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient. 

5. □ CORRECTED DRAWINGS ( as "replacement sheets") must be submitted. 

(a) □ including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached 

1) □ hereto or 2) □ to Paper No./Mail Date . 

(b) □ including changes required by the attached Examiner's Amendment / Comment or in the Office action of 

Paper No./Mail Date . 

Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of 
each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d). 

6. □ DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the 

attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL. 



Attachment(s) 

1 . □ Notice of References Cited (PTO-892) 

2. □ Notice of Draftperson's Patent Drawing Review (PTO-948) 

3. |3 Information Disclosure Statements (PTO/SB/08), 

Paper No./Mail Date 05/01/98 

4. □ Examiner's Comment Regarding Requirement for Deposit 

of Biological Material 



D Notice of Informal Patent Application 
^ Interview Summary (PTO-413), 

Paper No./Mail Date 06/20/1 1 . 

Examiner's Amendment/Comment 



£3 Examiner's Statement of Reasons for Allowance 
□ Other . 



/Mark Kopec/ 

Primary Examiner, Art Unit 1761 



PTOL-37 (Rev. 08-06) 



Notice of Allowability 



Part of Paper No./Mail Date 201 10620 



Application/Control Number: 08/479,810 Page 2 

Art Unit: 1761 

This application is a CON of S.N. 08/303,561 (filed 
09/09/94), which application is a CON of S.N. 08/060,470 (filed 
05/11/93, now ABN) , which application is a CON of S.N. 
07/875,003 (filed 04/24/92, now ABN), which application is a DIV 
of S.N. 07/053,307 (filed 05/22/87, now ABN). 

Acknowledgment is made of applicant's claim for foreign 
priority under 35 U.S.C. 119(a)-(d). The certified copy has 
been filed in parent Application No. 07/053,307, filed on 
05/22/87 . 

The amendment filed 02/22/11 is entered . Claims 1-659 are 
pending. Note that all non-elected claims (e.g. 73-76, 82, 83, 
377 and 378) have been rej oined . 

A completed/corrected copy of the IDS filed 05/01/98 is 
attached. 

An examiner's amendment to the record appears below. Should 
the changes and/or additions be unacceptable to applicant, an 
amendment may be filed as provided by 37 CFR 1.312. To ensure 
consideration of such an amendment, it MUST be submitted no 
later than the payment of the issue fee. 

Update the CON data at page 1 of the specification to the 
following : 



Application/Control Number: 08/479,810 Page 3 

Art Unit: 1761 

-- This application is a CON of S.N. 08/303,561 (filed 

09/09/94), which application is a CON of S.N. 08/060,470 (filed 

05/11/93, now ABN) , which application is a CON of S.N. 

07/875,003 (filed 04/24/92, now ABN), which application is a DIV 

of S.N. 07/053,307 (filed 05/22/87, now ABN).--. 

In claim 436, line 2, delete "or 432". 

In claim 616, line 1, change "claim 698" to --claim 608--. 

In claim 620, line 1, change "claim 618" to --claim 612--. 

In claim 578, line 2, delete "rare-earth characteristic" 
and replace with --a property which make it essentially a rare 
earth element--. 

In claim 622, line 2, delete "rare-earth characteristic" 
and replace with --a property which make it essentially a rare 
earth element--. 



In claim 659, 
and replace with -■ 
earth element--. 



lines 2-3, delete "rare-earth characteristic" 
■-property which make it essentially a rare 



Application/Control Number: 08/479,810 
Art Unit: 1761 



Page 4 



In claim 585, line 2, delete "an apparatus, a device and a 
combination" and replace with --a machine and an article of 
manufacture-- . 

In claim 591, line 2, delete "a device, an apparatus, a 
circuit and a combination" and replace with --a machine and an 
article of manufacture--. 

In claim 629, line 2, delete "an apparatus, a device and a 
combination" and replace with --a machine and an article of 
manufacture-- . 

In claim 635, line 2, delete "a device, an apparatus, a 
circuit and a combination" and replace with --a machine and an 
article of manufacture--. 

Add the following new claims : 
--CLAIM 660 (New) A structure comprising: 

a coil comprising a material comprising a T c greater than or 
equal to 26°K possessing a persistent currentt 



Application/Control Number: 08/479,810 Page 5 

Art Unit: 1761 

said material comprises a transition metal, oxygen and at least 
one element selected from the group consisting of a first 
element group, a second element group and combinations thereof; 

said first element group comprises rare earth elements, rare 
earth-like elements and Group IIIB elements, and 

said second element group comprises alkaline earth elements and 
Group IIA elements. 

CLAIM 661 (New) An structure according to claim 660 further 
including a temperature controller capable of maintaining said 
material at a temperature less than or equal to said to said T c . 

CLAIM 662 (New) A structure according to claim 660 wherein said 
material is capable of being at a temperature less than or equal 
to said T c and greater than or equal to 26°K. 

CLAIM 663 (New) A structure according to claim 660 wherein said 
material comprises at least one phase which comprises a property 
selected from the group consisting of: 

a layered structure, 

a layered crystalline structure, 

a substantially layered structure, 



a substantially layered crystalline structure, 



Application/Control Number: 08/479,810 Page 6 

Art Unit: 1761 

a layered-like structure, 

a layered-type structure, 

a layered characteristic, 

a layered perovskite structure, 

a layered perovskite crystal structure, 

a substantially layered perovskite structure, 

a substantially layered perovskite crystal structure, 

a perovskite structure, 

a substantially perovskite structure, 

a perovskite-like structure, 

a perovskite type structure, 

a structure comprising a perovskite characteristic, 

a perovskite related structure, 

a crystalline structure, 

a layer-like crystalline structure, 



Application/Control Number: 08/479,810 Page 
Art Unit: 1761 

a structure which is structurally substantially similar t 
an orthorhombic-tetragonal phase of said material, 

a crystalline structure which enhances electron-phonon 
interactions to produce superconductivity, 

a structure enhancing the number of Jahn-Teller polarons 
in said material, 

a distorted crystalline structure characterized by an 
oxygen deficiency, 

a structure comprising enhanced polaron formation, 

a ceramic material, 

a ceramic-like material, 

a ceramic characteristic, 

a ceramic type material, 

a stoichiometric oxygen content, 

a non-stoichiometric oxygen content, 

a multivalent material, 



a multivalent transition metal, 



Application/Control Number: 08/479,810 
Art Unit: 1761 



Page 8 



a transition metal element capable of exhibiting 
multivalent states, 

a mixed valent material, 

mixed valent ions, 

mixed valent transition metal ions, 
multivalent ions, 

multivalent transition metal ions, 
multivalent copper, 
multivalent copper ions, 
mixed valent copper, 
mixed valent copper ions, 

a ceramic-like material in the RE-AE-TM-0 system, where RE 
is a rare earth or near rare earth element, AE is an 
alkaline earth element, TM is a multivalent transition 
metal element having at least two valence states in said 
ceramic-like material, and 0 is oxygen wherein the ratio 
of the amounts of said transition metal in said two 
valence states being determined by the ratio RE: AE, 



Application/Control Number: 08/479,810 Page 9 

Art Unit: 1761 

a mixed copper oxide material including an alkaline earth 
element (AE) and a rare earth or rare earth-like element 
(RE) where the ratio (AE,RE):Cu is substantially 1:1, 

a mixed copper oxide material including an alkaline earth 
element (AE) and a rare earth or rare earth-like element 
(RE) where the ratio (AE,RE):Cu is substantially 2:1 

a structure comprising a distorted octahedral oxygen 
environment, 

a distorted orthorhombic crystalline structure, 

an alkaline earth element substituted for at least one 
atom of said rare earth, rare earth-like element or rare 
earth characteristic in said material 

a transition metal oxide, 

a mixed transition metal oxide, 

a copper oxide, 

a mixed oxide, 

a mixed oxide with alkaline earth doping, 

a substituted transition metal oxide, 



a mixed oxide with alkaline earth-like doping, 



Application/Control Number: 08/479,810 
Art Unit: 1761 



Page 10 



a copper oxide wherein said alkaline earth or alkaline 
earth element is atomically large with respect to copper, 

a copper oxide doped with an alkaline earth element, 
alkaline earth like element, or an element with an 
alkaline earth characteristic where the concentration of 
said alkaline earth element, alkaline earth like element, 
or said element with an alkaline earth characteristic is 
near to the concentration of said alkaline earth element , 
alkaline earth like element or said element with an 
alkaline earth characteristic where the superconducting 
copper oxide phase in said material undergoes an 
orthorhombic to tetragonal structural phase transition, 

a mixed copper oxide doped with an element chosen to 
result in Cu 3+ ions in said material, 

a doped transition metal oxide, 

a copper oxide wherein at least one other element is an 
element which results in Cu 3+ ions in said material, 

a copper oxide wherein at least one other element is an 
element chosen to result in the presence of both Cu 2+ and 
Cu 3+ ions, 

a substituted copper oxide exhibiting mixed valence 
states, 



Application/Control Number: 08/479,810 Page 11 

Art Unit: 1761 

a superconductor being comprised of at least four 
elements, none of which is itself superconducting at a 
temperature greater than or equal to 26°K, 

at least four elements, none of which is itself a 
superconductor, 

a superconductor being comprised of said transition 
element which itself is not superconducting, 

a superconductor being an oxide having multivalent 
oxidation states, 

a transition metal oxide having substitutions therein, the 
amount of said substitutions being sufficient to produce 
sufficient electron-phonon interactions in said material 
that said material exhibits said superconductivity, 

a crystalline mixed valent oxide having a layer-like 
structure, 

at least one element in a nonstoichiometric atomic 
proportion, 

a composition of the formula Ba x La x -5Cu50 Y wherein x is from 
about 0.75 to about 1 and y is the oxygen deficiency 
resulting from annealing said composition at temperatures 
from about 540°C to about 950°C and for times of about 15 
minutes to about 12 hours, said composition having a metal 



Application/Control Number: 08/479,810 Page 12 

Art Unit: 1761 

oxide phase which exhibits a superconducting state at a 
critical temperature greater than or equal to 26°K, 

a composition of the formula BaLa 5 - x Cu 5 05 ( 3 _ y) , wherein x is 
from about 0.75 to about 1 and y is the oxygen deficiency 
resulting from annealing said composition at temperatures 
from about 540°C to about 950°C and for times of about 15 
minutes to about 12 hours, said composition having a metal 
oxide phase which exhibits a superconducting state at a 
critical temperature greater than or equal to 26°K, 

a composition wherein at least one element is in a 
nonstoichiometric atomic proportion; 

a composition comprising a metallic, oxygen-deficient, 
perovskite-like, mixed valent transition metal compound, 
and 

combinations thereof. 

CLAIM 664 (New) A structure according to claim 660, wherein said 
transition metal is selected from the group consisting of 
copper, nickel and chromium. 

CLAIM 665 (New) A structure according to claim 660 wherein said 
rare-earth like elements include a property which make it 
essentially a rare earth element. 



Application/Control Number: 08/479,810 Page 13 

Art Unit: 1761 

CLAIM 666 (New) A structure according to claim 660 wherein said 
composition comprises one or more of Be, Mg, Ca, Sr, Ba, Ra, Sc, 
Y, La, Ce, Pr, Nd, Pm, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb and 
Lu. 

CLAIM 667 (New) A structure according to claim 660 wherein said 
composition comprises one or more of one or more of Be, Mg, Ca, 
Sr, Ba and Ra and one or more of Sc, Y, La, Ce, Pr, Nd, Pm, Sm, 
Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb and Lu . 

CLAIM 668 (New) A structure according to claim 660 wherein said 
material can be made according to known principles of ceramic 
science . 

CLAIM 669 (New) A structure according to claim 660 wherein said 
material comprises a metallic, oxygen-deficient, perovskite- 
like, mixed valent transition metal compound. 

CLAIM 670 (New) A structure according to claim 660 wherein said 
material comprises a metallic, oxygen-deficient, perovskite- 
like, mixed valent copper compound. 

CLAIM 671 (New) A structure according to claim 660 wherein said 
material comprises a multiphase material wherein at least one 
phase possesses said persistent current. 

CLAIM 672 (New) A structure according to claim 660 wherein said 
structure is selected from the group consisting of a machine and 
a article of manufacture. 



Application/Control Number: 08/479,810 Page 
Art Unit: 1761 

CLAIM 673 (New) A structure according to claim 660 wherein said 
material comprises at least one element selected from each of 
said first element group and said second element group. 



CLAIM 674 (New) A structure according to any one of claims 660 t 
672 or 673 wherein said structure is selected from the group 
consisting of: 

a power generation device, 

an electrical power transmission device, 

an electrical power transmission element, 



a 


coil, 


a 


magnet, 


a 


plasma device, 


a 


nuclear device, 


a 


nuclear magnetic resonance device, 


a 


nuclear magnetic imaging device, 


a 


magnetic levitation device, 


a 


power generation system, 


a 


thermonuclear fusion device, 


a 


switching device, 


a 


Josephson junction device, 


an electrical packaging device, 


a 


circuit device, 


a 


electronic instrumentation device, 


a 


train, 


a 


magnetic suceptomoter , and 


a 


magnetometer . 



CLAIM 675 (New) A structure according to claim 660 wherein said 
structure is capable of magnetic levitation. 



Application/Control Number: 08/479,810 
Art Unit: 1761 



Page 15 



CLAIM 676 (New) A structure comprising: 

a coil comprising a material having a T c greater than or equal 
to 26°K possessing a persistent currentt 

said material comprises a transition metal, oxygen and at least 
one element selected from the group consisting of a first 
element group, a second element group and combinations thereof; 

said first element group comprises rare earth elements, rare 
earth-like elements and Group IIIB elements, and 

said second element group comprises alkaline earth elements and 
Group IIA elements. 

CLAIM 677 (New) A structure comprising: 

a coil comprising a material with a T c greater than or equal to 
26°K possessing a persistent currentt 

said material comprises a transition metal, oxygen and at least 
one element selected from the group consisting of a first 
element group, a second element group and combinations thereof; 

said first element group comprises rare earth elements, rare 
earth-like elements and Group IIIB elements, and 



Application/Control Number: 08/479,810 Page 16 

Art Unit: 1761 

said second element group comprises alkaline earth elements and 
Group IIA elements. 

CLAIM 678 (New) A structure comprising: 

a coil comprising a material possessing a T c greater than or 
equal to 26°K possessing a persistent current^ 

said material comprises a transition metal, oxygen and at least 
one element selected from the group consisting of a first 
element group, a second element group and combinations thereof; 

said first element group comprises rare earth elements, rare 
earth-like elements and Group IIIB elements, and 

said second element group comprises alkaline earth elements and 
Group IIA elements. 

CLAIM 679 (NEW) An apparatus according to claim 432, wherein 
said composition can be made according to known principles of 
ceramic science.--. 

Authorization for this examiner's amendment was given in a 
telephone interview with Dr. Daniel P. Morris on 06/20/11. 

The following is an examiner' s statement of reasons for 
allowance : 



Application/Control Number: 08/479,810 Page 17 

Art Unit: 1761 

The instant claims are allowed for the reasons set forth in 
the reply filed 02/22/11. 

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." 

Any inquiry concerning this communication or earlier 
communications from the examiner should be directed to MARK 
KOPEC whose telephone number is (571)272-1319. The examiner can 
normally be reached on Monday - Friday from 9:30 AM to 6:00 PM. 

If attempts to reach the examiner by telephone are 
unsuccessful, the examiner's supervisor, Harold Pyon can be 
reached on (571) 272-1498. The fax phone number for the 
organization where this application or proceeding is assigned is 
571-273-8300. 



Application/Control Number: 08/479,810 Page 18 

Art Unit: 1761 

Information regarding the status of an application may be 
obtained from the Patent Application Information Retrieval 

(PAIR) system. Status information for published applications 
may be obtained from either Private PAIR or Public PAIR. Status 
information for unpublished applications is available through 
Private PAIR only. For more information about the PAIR system, 
see http://pair-direct.uspto.gov. Should you have questions on 
access to the Private PAIR system, contact the Electronic 
Business Center (EBC) at 866-217-9197 (toll-free) . If you would 
like assistance from a USPTO Customer Service Representative or 
access to the automated information system, call 800-786-9199 

(IN USA OR CANADA) or 571-272-1000. 

/Mark Kopec/ 

Primary Examiner, Art Unit 
1761 

MK 

June 21, 2011