Prosecution Insights
Last updated: July 17, 2026
Application No. 17/165,726

SYSTEMS AND METHODS FOR PROCESSING MATERIALS WITH COMPLEX ISOTOPE VECTORS FOR USE AS A NUCLEAR FUEL

Final Rejection §103
Filed
Feb 02, 2021
Examiner
LEE, JOHN
Art Unit
1794
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Westinghouse Electric Company LLC
OA Round
4 (Final)
26%
Grant Probability
At Risk
5-6
OA Rounds
0m
Est. Remaining
52%
With Interview

Examiner Intelligence

Grants only 26% of cases
26%
Career Allowance Rate
9 granted / 34 resolved
-38.5% vs TC avg
Strong +25% interview lift
Without
With
+25.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
32 currently pending
Career history
76
Total Applications
across all art units

Statute-Specific Performance

§103
90.8%
+50.8% vs TC avg
§102
3.9%
-36.1% vs TC avg
§112
1.9%
-38.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 34 resolved cases

Office Action

§103
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 03/23/2026 has been entered into the prosecution of the application. Claim 4 is canceled. Currently, claim(s) 1-3, 5, 7-13, 15-21 is/are pending, with claims 15-18 withdrawn from consideration. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-3, 5, 7, 9-10, 12-13, and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jozef W. Eerkens of US 2014/0270035 A1 (hereinafter referred to as Eerkens) in view of Kunihiko Nakayama of JPH 10-206588 A (hereinafter referred to as Nakayama) and Chikara Konagai of JPS 6216589 A (hereinafter, Konagai). As to claim 1, Eerkens teaches to a method of processing a nuclear material for use as a nuclear fuel in a nuclear reactor, the method comprising: Eerkens does not explicitly teach providing, to a chamber, the nuclear material comprising used nuclear fuel. In an analogous art, Nakayama teaches to providing, to a chamber, the nuclear material comprising used nuclear fuel (Nakayama, paragraph [0058]-[0059], teaches to using the spent fuel reprocessing apparatus, wherein used nuclear fuel comprises three or more isotopes including U-235, Pu-239, and Pu-241). Both Eerkens and Nakayama relate to isotope enrichment (Nakayama, paragraph [0006]). Eerkens does not explicitly teach using used nuclear fuel. Eerkens does teach to enrichment of a complex isotope vector comprising three or more isotopes, as Eerkens, paragraph [0003], teaches to the separation and enrichment of a predetermined isotope of a multi-isotopic element. In particular, Eerkens, Fig. 1, teaches to an advanced CRISLA system using a 5-micron laser and multi jet intra-cavity irradiations. Nakayama teaches to using used nuclear fuel comprising the three or more isotopes. 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 isotope enrichment of Eerkens with the spent nuclear fuel of Nakayama for providing economically efficient spent fuel reprocessing of nuclear materials (Nakayama, paragraphs [0065] through [0068]). Eerkens in view of Nakayama teaches to wherein the used nuclear material comprises a complex isotope vector comprising three or more isotopes (Eerkens, paragraph [0003], teaches to the separation and enrichment of a predetermined isotope of a multi-isotopic element), and wherein the three or more isotopes comprises a targeted isotope and a non-targeted isotope (Eerkens, paragraph [0003], teaches to the separation and enrichment of a predetermined isotope of a multi-isotopic element; the separation and enrichment necessarily comprises a targeted isotope and a non-targeted isotope; for instance, Eerkens, [0048], teaches that a selected isotope of uranium from a mixture of gaseous UF6 isotopomers is one of U-232, U-233, U-234, U-235, U-236, U-237, or U-238; the selected isotope is a targeted isotope and non-selected isotope is a non-targeted isotope); determining a wavelength of electromagnetic radiation based, at least in part, on the targeted isotope (Eerkens, paragraph [0038], teaches to wavelength of 1876.30 cm-1 for 235UF6; laser activation method of Eerkens require a laser excitation; for instance, Eerkens, paragraph [0009], teaches that one has to find a laser that can successfully excite selected isotopomers in a gas or gas mixture; for this reason, laser isotope separation necessarily requires determining a wavelength of electromagnetic radiation based, at least in part, on the targeted isotope); emitting a beam of electromagnetic radiation comprising the determined wavelength towards the nuclear material (Eerkens, paragraph [0038], teaches to emitting a laser beam comprising a predetermined wavelength of 1876.30 cm-1 of the CO laser for exciting and enriching 235UF6); separating, via the emitted beam of electromagnetic radiation, the nuclear material into a first stream and a second stream (Eerkens, paragraph [0089], teaches to a skimmer 111 for separating the core of the supersonic gaseous jet from the rim gas; the core of the supersonic gaseous jet reads as a second stream and the rim gas reads as a first stream, for instance), wherein the first stream comprises an enriched concentration of the targeted isotope to a predetermined concentration (Eerkens, paragraph [0089], teaches that a chamber comprising the rim gas is the product chamber; the rim gas comprises an enriched concentration of the desired isotope at a predetermined concentration, wherein Eerkens, paragraph [0047], teaches to a predetermined UF6/G molecular ratio). Eerkens in view of Nakayama does not explicitly teach detecting a magnitude of a radiation field of the first stream. In an analogous art, Konagai teaches to detecting a magnitude of a radiation field of the first stream (Konagai, pg. 5, teaches to a cathode lamp 8 for detecting the deviation of the wavelength of the monitoring beam R6 from the specific wavelength required for isotope separation). Both Eerkens in view of Nakayama and Konagai relate to isotope separation laser device (Konagai, pg. 2). Eerkens in view of Nakayama does not explicitly teach a sensor for detecting a wavelength or a frequency of a laser used for isotope separation. Eerkens in view of Nakayama does teach to using laser isotope separation techniques. Konagai teaches to using a sensor for detecting a wavelength of a laser used for isotope separation. 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 isotope enrichment of Eerkens in view of Nakayama with the sensor of Konagai for resulting in more efficient laser isotope separation by effectively accommodating to an isotope shift which requires a specific wavelength with high precision and stability. Eerkens in view of Nakayama and Konagai teaches to determining a desired magnitude of the radiation field of the first stream (Eerkens, paragraph [0038], teaches to desired wavelength of a CO laser, for instance, to be 1876.30 cm-1 and 1876.63 cm-1 for enriching U-235 in advanced CRISLA system, which is a type of known laser isotope separation techniques); responsive to the magnitude of the radiation field of the first stream having a magnitude greater than the desired magnitude, redetermining the wavelength of electromagnetic radiation based, at least in part, on the targeted isotope; and emitting a beam of electromagnetic radiation comprising the redetermined wavelength towards the nuclear material (Konagai, pgs. 4-5, teaches that the wavelength of the laser beam R3 output from the output mirror 30 is controlled to a specific wavelength required for isotope separation, wherein the wavelength of the laser beam R3 is constantly detected by the hollow cathode lamp 8 which controls the light absorption characteristics, and as a result, the wavelength of the laser used for isotope separation can be detected with high accuracy, and the wavelength of the laser beam R3 can be stably maintained at a specific wavelength), wherein the targeted isotope comprises 233U, 235U, 238U, 239Pu, and 241Pu (Eerkens, paragraph [0048], teaches to targeting U-232, U-233, U-234, U-235, U-236, U-237, or U-238). As to claim 2, Eerkens in view of Nakayama and Konagai discloses that the first stream is a product stream of the nuclear material (which is skimmed; Eerkens, paragraphs [0010], [0044], [0086]-[0093], and Figs. 1-5a), and wherein the second stream is a tails stream of the nuclear material (which passes the skimmer; Eerkens, paragraphs [0010], [0016], [0044], [0086]-[0093], and Figs. 1-5a). As to claim 3, Eerkens in view of Nakayama and Konagai discloses excitation of the isotopomer of the targeted isotope for enrichment (Eerkens, paragraphs [0010], [0044], [0086]-[0093], and Figs. 1-5a). Eerkens in view of Nakayama discloses re-fluorinating the targeted isotopes, including isotopes of uranium (Eerkens, paragraph [0010]). As to claim 4, Eerkens in view of Nakayama and Konagai discloses determining a desired magnitude of a radiation field of the nuclear fuel (determining of the wavelength for excitation; Eerkens, paragraphs [0010], [0044], [0086]-[0093], and Figs. 1-5a). Eerkens in view of Nakayama discloses dispositioning, via the emitted beam of electromagnetic radiation, the non-targeted isotope to the second stream of the nuclear material based, at least in part, on the desired magnitude of the radiation field of the nuclear fuel (disposition of the non-excited dimers to the second stream; Eerkens, paragraphs [0010], [0044], [0086]-[0093], and Figs. 1-5a). As to claim 5, Eerkens in view of Nakayama and Konagai discloses determining an amount of parasitic absorption associated with the non-targeted isotope, and wherein enriching the concentration of the targeted isotope to a predetermined concentration is based, at least in part, on the determined amount of parasitic absorption (50% U-238 is disclosed as the non-targeted isotope and 50% U-235 is disclosed as the targeted isotope; Eerkens, Fig. 5a). As to claim 7, Eerkens in view of Nakayama and Konagai discloses wherein the used nuclear fuel comprises a thorium (thorium and U-233 from a thorium breeder; Eerkens, paragraphs [0011], [0044], [0052]). As to claim 9, Eerkens in view of Nakayama and Konagai discloses neptunium (Np) and americium (Am), which are minor actinide (Nakayama, paragraph [0057]). As to claim 10, Eerkens in view of Nakayama and Konagai discloses plutonium (Nakayama, paragraph [0012]). As to claim 11, Eerkens in view of Nakayama and Konagai discloses at least one of 239Pu and 241Pu (Nakayama, paragraph [0015]). As to claim 12, Eerkens in view of Nakayama and Konagai discloses using uranium as nuclear fuel, wherein the uranium may be selected from U-232, U-233, U-234, U-235, U-236, U-237, or U-238 (Eerkens, paragraph [0048]). All of the potential uranium isotopes are the non-targeted isotopes. As to claim 13, Eerkens in view of Nakayama and Konagai discloses using uranium as nuclear fuel, wherein the uranium may be selected from U-232, U-233, U-234, U-235, U-236, U-237, or U-238 (Eerkens, paragraph [0048]). All of the potential uranium isotopes are the non-targeted isotopes. As to claim 19, Eerkens teaches to a method of processing a nuclear material for use as a nuclear fuel in a nuclear reactor, the method comprising: Eerkens does not explicitly teach providing, to a chamber, the nuclear material comprising used nuclear fuel. In an analogous art, Nakayama teaches to providing, to a chamber, the nuclear material comprising used nuclear fuel (Nakayama, paragraph [0058]-[0059], teaches to using the spent fuel reprocessing apparatus, wherein used nuclear fuel comprises three or more isotopes including U-235, Pu-239, and Pu-241). Both Eerkens and Nakayama relate to isotope enrichment (Nakayama, paragraph [0006]). Eerkens does not explicitly teach using used nuclear fuel. Eerkens does teach to enrichment of a complex isotope vector comprising three or more isotopes, as Eerkens, paragraph [0003], teaches to the separation and enrichment of a predetermined isotope of a multi-isotopic element. In particular, Eerkens, Fig. 1, teaches to an advanced CRISLA system using a 5-micron laser and multi jet intra-cavity irradiations. Nakayama teaches to using used nuclear fuel comprising the three or more isotopes. 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 isotope enrichment of Eerkens with the spent nuclear fuel of Nakayama for providing economically efficient spent fuel reprocessing of nuclear materials (Nakayama, paragraphs [0065] through [0068]). Eerkens in view of Nakayama teaches to wherein the used nuclear material comprises a complex isotope vector comprising three or more isotopes (Eerkens, paragraph [0003], teaches to the separation and enrichment of a predetermined isotope of a multi-isotopic element), and wherein the three or more isotopes comprises a targeted isotope and a non-targeted isotope (Eerkens, paragraph [0003], teaches to the separation and enrichment of a predetermined isotope of a multi-isotopic element; the separation and enrichment necessarily comprises a targeted isotope and a non-targeted isotope; for instance, Eerkens, [0048], teaches that a selected isotope of uranium from a mixture of gaseous UF6 isotopomers is one of U-232, U-233, U-234, U-235, U-236, U-237, or U-238; the selected isotope is a targeted isotope and non-selected isotope is a non-targeted isotope); emitting a beam of electromagnetic radiation comprising the determined wavelength towards the nuclear material (Eerkens, paragraph [0038], teaches to emitting a laser beam comprising a predetermined wavelength of 1876.30 cm-1 of the CO laser for exciting and enriching 235UF6); separating, via the emitted beam of electromagnetic radiation, the nuclear material into a first stream and a second stream (Eerkens, paragraph [0089], teaches to a skimmer 111 for separating the core of the supersonic gaseous jet from the rim gas; the core of the supersonic gaseous jet reads as a second stream and the rim gas reads as a first stream, for instance), wherein the first stream comprises an enriched concentration of the targeted isotope to a predetermined concentration (Eerkens, paragraph [0089], teaches that a chamber comprising the rim gas is the product chamber; the rim gas comprises an enriched concentration of the desired isotope at a predetermined concentration, wherein Eerkens, paragraph [0047], teaches to a predetermined UF6/G molecular ratio). Eerkens in view of Nakayama does not explicitly teach detecting a magnitude of a radiation field of the first stream. In an analogous art, Konagai teaches to detecting a magnitude of a radiation field of the first stream (Konagai, pg. 5, teaches to a cathode lamp 8 for detecting the deviation of the wavelength of the monitoring beam R6 from the specific wavelength required for isotope separation). Both Eerkens in view of Nakayama and Konagai relate to isotope separation laser device (Konagai, pg. 2). Eerkens in view of Nakayama does not explicitly teach a sensor for detecting a wavelength or a frequency of a laser used for isotope separation. Eerkens in view of Nakayama does teach to using laser isotope separation techniques. Konagai teaches to using a sensor for detecting a wavelength of a laser used for isotope separation. 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 isotope enrichment of Eerkens in view of Nakayama with the sensor of Konagai for resulting in more efficient laser isotope separation by effectively accommodating to an isotope shift which requires a specific wavelength with high precision and stability. Eerkens in view of Nakayama and Konagai teaches to determining a desired magnitude of the radiation field of the first stream (Eerkens, paragraph [0038], teaches to desired wavelength of a CO laser, for instance, to be 1876.30 cm-1 and 1876.63 cm-1 for enriching U-235 in advanced CRISLA system, which is a type of known laser isotope separation techniques); responsive to the magnitude of the radiation field of the first stream having a magnitude greater than the desired magnitude, redetermining the wavelength of electromagnetic radiation based, at least in part, on the targeted isotope; and emitting a beam of electromagnetic radiation comprising the redetermined wavelength towards the nuclear material (Konagai, pgs. 4-5, teaches that the wavelength of the laser beam R3 output from the output mirror 30 is controlled to a specific wavelength required for isotope separation, wherein the wavelength of the laser beam R3 is constantly detected by the hollow cathode lamp 8 which controls the light absorption characteristics, and as a result, the wavelength of the laser used for isotope separation can be detected with high accuracy, and the wavelength of the laser beam R3 can be stably maintained at a specific wavelength), wherein the targeted isotope comprises 233U, 235U, 238U, 239Pu, and 241Pu (Eerkens, paragraph [0048], teaches to targeting U-232, U-233, U-234, U-235, U-236, U-237, or U-238). As to claim 20, Eerkens in view of Nakayama and Konagai teaches to the method of claim 19, further comprising fluorinating the complex isotope vector, thereby producing isotopomers, and wherein enriching the concentration of the targeted isotope to a predetermined concentration comprises exciting, via the emitted beam of electromagnetic radiation, an associated isotopomer (Eerkens, paragraphs [0010], [0044], [0086]-[0093], and Figs. 1-5a, teaches to fluorination, as the UF6 reads as fluorinated isotopomers, and Eerkens teaches to the excitation of the isotopomer of the targeted isotope for enrichment through laser isotope separation techniques). As to claim 21, Eerkens in view of Nakayama and Konagai teaches to the method of claim 1, further comprising separating the complex isotope vector from fission products and actinides of the used nuclear fuel (Nakayama, paragraph [0059]). Eerkens in view of Nakayama does not explicitly disclose a vaporizer. However, Eerkens in view of Nakayama in paragraph [0059] teaches a selective ionization of isotopic atoms for separating U-235, Pu-239, and Pu-241, for instance. Some sort of vaporizer must have been used for selectively ionizing the complex isotope vector from fission products and actinides of the used nuclear fuel for separation (efficient separation of certain fission products; Nakayama, paragraph [0030]). Accordingly, Eerkens in view of Nakayama teaches that it was well known to have used selective ionization for vaporizing and separating the complex isotope vector from fission products and minor actinides of the used nuclear fuel (Nakayama, paragraph [0059]), using a vaporizer capable of emitting a laser at corresponding excitation wavelength. One of ordinary skill in the art would have recognized that any separation by a vaporizer capable of emitting a laser beam at corresponding excitation wavelength (Nakayama, paragraph [0059]) would have been operable. 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 performed separation by any vaporizer capable of emitting a laser beam with to separate the complex isotope vector of Eerkens from fission products and minor actinides of the used nuclear fuel of Nakayama with a reasonable expectation of success. The rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their perspective functions, and the combinations yielded nothing more than predictable results to one of ordinary skill in the art (MPEP 2143.A.) Response to Arguments Applicant’s arguments, see pg. 7 of 8, filed 03/23/2026, with respect to the rejection(s) of claim(s) 1 and 19 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made. For instance, claim(s) 1-3, 5, 7, 9-10, 12-13, and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jozef W. Eerkens of US 2014/0270035 A1 (hereinafter referred to as Eerkens) in view of Kunihiko Nakayama of JPH 10-206588 A (hereinafter referred to as Nakayama) and Chikara Konagai of JPS 6216589 A (hereinafter, Konagai). Please refer to the rejection above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Howard Letovsky of US 2011/0001064 A1 (hereinafter, Letovsky), paragraph [0040], teaches to a photometer electrically coupled to transducers and computer processing system. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN LEE whose telephone number is (703)756-1254. The examiner can normally be reached M-F, 7:00-16:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached at (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOHN LEE/Examiner, Art Unit 1794 /JAMES LIN/Supervisory Patent Examiner, Art Unit 1794
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Prosecution Timeline

Show 4 earlier events
Feb 25, 2025
Examiner Interview Summary
Jun 17, 2025
Final Rejection mailed — §103
Aug 18, 2025
Response after Non-Final Action
Oct 17, 2025
Request for Continued Examination
Oct 20, 2025
Response after Non-Final Action
Dec 22, 2025
Non-Final Rejection mailed — §103
Mar 23, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
26%
Grant Probability
52%
With Interview (+25.0%)
4y 1m (~0m remaining)
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