DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election without traverse of Group I, Species I(f), in the reply filed on 11/17/25 is acknowledged.
Status of the Application
Claims 1-60 are pending.
Claims 28-60 are withdrawn.
Claims 1-27 are rejected.
Claim Rejections – 35 U.S.C. § 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:
PNG
media_image1.png
158
934
media_image1.png
Greyscale
Claim(s) 1-2, 4, 6, 9-25 is/are rejected under 35 U.S.C. § 103 as being unpatentable over Chen et al. (US 20220080224 A1) [hereinafter Chen].
Regarding claim 1, Chen teaches a neutron beam converter, comprising:
a beam input (see fig 4 from top) configured to receive neutrons from a neutron generation target (see fig 3: T);
a beam output (see e.g. bottom of fig 4) configured to output neutrons (N);
a central region (see e.g. moderator, 245) traversed by an axis between the beam input and the beam output (see fig 4), wherein the central region is configured to scatter neutrons to a treatment energy range (natural result of energy moderation materials, see e.g. [0009,96,97]; also note treatment energy range is based on an intended use);
an intermediate region (see e.g. 242, 243, 244, 246 in C3) located laterally around the central region (see fig 4) and configured to redirect and scatter neutrons (natural result of reflector material, see e.g. aluminum, Teflon, lead, [0094]), wherein the intermediate region comprises a first intermediate section (e.g. 243, aluminum, [0094]) and a second intermediate section each comprising a different material (e.g. 241, Teflon, [0094]); and
a peripheral region (see e.g. C1 and C2) located laterally around the intermediate region (see fig 5) and configured to absorb neutrons and gamma radiation (natural result of materials, see e.g. lead, PE, [0093]), wherein the peripheral region comprises a first peripheral section (e.g. 241, PE) and a second peripheral section (e.g. 242, lead) each comprising a different material (see [0093]).
Chen may fail to explicitly disclose the intermediate region being configured to redirect and scatter neutrons. However, this effect appears to be a natural effect of performing neutron beam moderation with the disclosed geometries and materials (e.g. aluminum, Teflon, lead, [0094]). It has held that when the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP §§2112-2112.02. It is additionally noted 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 if the prior art apparatus teaches all the structural limitations of the claim. See Ex parte Masham, 2 USPQ2d 1647, and MPEP 2114.
Regarding claim 2, Chen teaches the central region comprises a first section (e.g. MgF, Chen, 245, [0096]), a second section (e.g. Li-6, [0096]), and a third section (e.g. lead plate, 246, [0096]), wherein each of the first, second, and third sections comprise a different material, and wherein each of the first, second, and third sections are traversed by the axis (see same).
Regarding claim 4, Chen teaches wherein the central region comprises a first material and a second material (see e.g. lead, MgF, Li, Chen, [0096]).
Regarding claim 6, Chen teaches the first material (e.g. lead) is configured to scatter generated neutrons towards or into a treatment energy range and configured to redirect generated neutrons (natural result of the material configuration in the beam path), and wherein the second material (see e.g. Li-6, see [0096]) is configured to non- resonantly scatter generated neutrons (natural result of the material configuration in the system).
Regarding claim 9, Chen teaches the second material comprises at least one of an oxide, a carbide, or a nitride (see Chen, [0020]).
Regarding claim 10, Chen teaches the second material (e.g. Li, Chen, [0096]) is configured as a layer between a first central section comprising the first material and a second central section comprising the first material (see [0096]).
Regarding claim 11, Chen teaches the first central section, the layer, and the second central section are traversed by the axis (see Chen, fig 4).
Regarding claim 12, Chen teaches the central region comprises a third material that comprises at least one of: aluminum, fluorine, and magnesium (see MgF, Chen, [0096]).
Regarding claim 13, Chen teaches the central region comprises a cylindrical portion that extends from the beam input to the beam output (see [0092]).
Regarding claim 14, Chen teaches the cylindrical portion has a first terminus upstream of an installed location of the neutron generation target (see Chen, figs 3,4).
Regarding claim 15, Chen teaches the cylindrical portion has a first terminus along an upstream-most face of the neutron beam converter (defining the converter as the portion downstream of the upstream terminus of the cylindrical portion). Alternately, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to separate the parts including forming part of the inner radius separately for example to simplify manufacturing. It is noted it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. See MPEP 2144.04(V); Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 16, Chen teaches the cylindrical portion has a second terminus in proximity with the beam output (see Chen, fig 4).
Regarding claim 17, Chen teaches the cylindrical portion is configured to act as a low resistance pathway for neutrons relative to the intermediate region (natural result of materials and geometries, see Chen, fig 4).
Regarding claim 18, Chen teaches the cylindrical portion comprises a tubular portion (see Chen, fig 4: 2451).
Regarding claim 19, Chen teaches the cylindrical portion is configured to act as a low resistance pathway for neutrons (natural result of materials and geometries, see Chen, fig 4) relative to the intermediate region and a material within the tubular portion (defining tubular portion to include upstream tubular part of 243; note obviousness of separating parts as discussed in claim 15 above).
Regarding claim 20, Chen teaches the tubular portion comprises at least one of aluminum (see Chen, [0015]), fluorine, and magnesium, and laterally surrounds a first central section comprising a first material and a second material (see fig 4).
Regarding claim 21, Chen teaches the cylindrical portion comprises at least one of. aluminum, fluorine, and magnesium (see Chen, [0096]).
Regarding claim 22, Chen teaches the cylindrical portion traverses the axis (see Chen, fig 4).
Regarding claim 23, Chen teaches wherein the converter has a downstream-most surface (see Chen, bottom of fig 4) and a recess from the downstream-most surface at the beam output (see around 2221).
Regarding claim 24, Chen teaches the recess has a sidewall portion comprising a neutron redirector (natural property of e.g. Chen, fig 4: 246, 224, or 241 to change direction of neutrons).
Regarding claim 25, Chen teaches the neutron redirector comprises at least one of lead (see Chen, [0096]), nickel, bismuth, and tungsten.
Claim(s) 3, 5, 27 is/are rejected under 35 U.S.C. § 103 as being unpatentable over Chen, as applied to claim 1 above, and further in view of Porras et al. (US 20230276563 A1) [hereinafter Porras].
Regarding claim 3, Chen may fail to explicitly disclose the first section comprises fluorine, the second section comprises magnesium, and the third section comprises aluminum. However, the use of these materials in moderators was known in the art. For example, Porras teaches a known effective multilayer moderator configuration for a flux and dose control desirable for treatment (see Porras, [0019]), said system comprising the moderator comprising the first section comprises fluorine (see e.g. fig. 1: L2, LiF), the second section comprises magnesium (see 3, MgF), and the third section comprises aluminum (see L1). It would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to combine the teachings of Chen in the system of the prior art because a skilled artisan would have been motivated to look for ways to further improve control over the beam parameters including e.g. flux and dosing, in the manner taught by Porras.
Regarding claim 5, Chen may fail to explicitly disclose the claimed limitation(s). However, the differences would have been obvious in view of Porras, for similar reasons as claim 3 above. Therefore, the combined teaching of Chen and Porras teaches the first material comprises aluminum (see L1, Porras, fig 1) and the second material comprises magnesium (see MgF).
Regarding claim 27, Chen teaches the central region comprises: a first central section (e.g. MgF2, see Chen, fig 4: 245, [0096]) traversed by the axis and configured to scatter neutrons to the treatment energy range (natural result of utilizing these materials and geometries); a second central section (e.g. Li-6, [0096]) traversed by the axis, located downstream of the first central section, and configured to scatter neutrons in an epithermal energy range to lower energies (natural result of utilizing these materials and geometries); and a third central section (e.g. 246, Pb) traversed by the axis, located downstream of the second central section, and configured to absorb neutrons scattered to the lower energies (natural result of material). Chen may fail to explicitly disclose these materials providing the effects described, but the claims are sufficiently broad to read on the materials providing that desired intended use for a given application. Nevertheless it is noted that the use of these orders of collimator materials was known in the art. For example, Porras teaches a known effective multilayer moderator configuration for a flux and dose control desirable for treatment (see Porras, [0019]), said system comprising the moderator comprising the first section comprises a first central section (e.g. MgF2) traversed by the axis and configured to scatter neutrons to the treatment energy range (natural result of utilizing these materials and geometries); a second central section (e.g. Al) traversed by the axis, located downstream of the first central section, and configured to scatter neutrons in an epithermal energy range to lower energies (natural result of utilizing these materials and geometries); and a third central section (e.g. LiF) traversed by the axis, located downstream of the second central section, and configured to absorb neutrons scattered to the lower energies (natural result of material). It would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to combine the teachings of Chen in the system of the prior art because a skilled artisan would have been motivated to look for ways to further improve control over the beam parameters including e.g. flux and dosing, in the manner taught by Porras.
Claim(s) 7-8, 26 is/are rejected under 35 U.S.C. § 103 as being unpatentable over Chen, as applied to claim 1 above, and further in view of Morita et al. (US 20060226350 A1) [hereinafter Morita].
Regarding claim 7, Chen may fail to explicitly disclose the first material comprises lead and fluorine. However, Morita teaches a neutron lens system to enable the ability to converge and diverge a beam while simplifying manufacturing (see Morita, [0006,18-19]), said system comprising a fluorine material layer (see [0007]). It would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to combine the teachings of Morita in the system of the prior art because a skilled artisan would have been motivated to look for ways to improve control over beam focusing while simplifying manufacturing, in the manner taught by Morita. Therefore, the combined teaching discloses the first material comprises lead (see Chen, [0096]) and fluorine (see Morita, [0007]).
Regarding claim 8, Chen may fail to explicitly disclose the second material comprises beryllium. However, Morita teaches a neutron lens system to enable the ability to converge and diverge a beam while simplifying manufacturing (see Morita, [0006,18-19]), said system comprising a beryllium material layer (see [0007]). It would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to combine the teachings of Morita in the system of the prior art because a skilled artisan would have been motivated to look for ways to improve control over beam focusing while simplifying manufacturing, in the manner taught by Morita.
Regarding claim 26, Chen teaches the recess is cylindrical (see Chen, figs 4-7) and the neutron beam converter further comprises includes a tubular liner (see fig 4), the tubular liner located in proximity with a sidewall of the recess (see fig 4). Chen may fail to explicitly disclose the tubular liner comprising beryllium, the tubular liner located in proximity with a sidewall of the recess. However, Morita teaches a neutron lens system to enable the ability to converge and diverge a beam while simplifying manufacturing (see Morita, [0006,18-19]), It would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to combine the teachings of Morita in the system of the prior art because a skilled artisan would have been motivated to look for ways to improve control over beam focusing while simplifying manufacturing, in the manner taught by Morita. Therefore the combined teaching of Chen and Morita teaches a tubular liner comprising beryllium (see e.g. Morita, [0007], e.g. fig 5b), the tubular liner located in proximity with a sidewall of the exit (located adjacent past the outlet, see outlet of Chen, fig 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Choi whose telephone number is (571) 272 – 2689. The examiner can normally be reached on 8:00 am – 5:30 pm M-T, and every other Friday.
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, Robert Kim can be reached on (571) 272 – 2293. 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.
/JAMES CHOI/Examiner, Art Unit 2881