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 .
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1,3-8 and 10-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "a curved surface of the core" in line 6. There is insufficient antecedent basis for this limitation in the claim. Applicant should recite, “a core arranged in the chamber and including a material holder, the core having a curved surface….
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-8 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bol et al. (US 2005/0167613) in view of WO 2018/109630 herein after Centrum).
Regarding claim 1, Bol discloses a material transfer device comprising:
a shell assembly having a chamber and an opening, the opening being in communication with the chamber (shielding wall 4 has an irradiation chamber 2 and a cylindrical opening 5, the cylindrical opening 5 communicates with the irradiation chamber 2, fig. 1-2, para 45); and
a core arranged in the chamber and including a material holder (revolving cylindrical door 6 is arranged in the irradiation chamber 2 and includes a recess 8 for holding a product pallet 9, abstract, fig. 1-2, para 45);
wherein the shell assembly and the core are configured to rotate relative to each other to seal the material holder inside the chamber or expose the material holder via the opening (this limitation does not further structurally limit the instant claims as there is not structure positively claimed that allows for rotation relative to each other. The prior art is capable of rotation relative to each other to seal the material holding inside the chamber or expose the material holder via the opening; revolving cylindrical door 6 rotates relative to shielding wall 4 to seal recess 8 inside irradiation chamber 2 or exposes recess 8 via cylindrical opening 5; fig. 1-2, para 45).
Bol does not teach a seal member arranged in the chamber and configured to cooperate with an inner surface of the chamber and a curved surface of the core to form a sealed spaced between a bottom surface of the shell assembly and the core.
Centrum discloses a transfer device for transporting radioactive materials that comprises a frame (1) in a shielding wall 6), a cylindrical transport rotating part (5), a seal member arranged in the chamber and configured to form a sealed space with the shell assembly and the core (sealing collar 2 is arranged in spaced 10 and configured to form a sealed space with shielding wall 6 and rotatable part 5, fig. 1-4, page 5). Centrum discloses a seal member arranged at the opening and configured to seal the chamber with the curved surface of the core (sealing collar 2 is arranged at the opening and configured to seal space 10 with the curved surface of the rotatable part 5; abstract; figures 1-4; page 4). It would have haven obvious to one having an ordinary skill in the art to modify Bol to employ a seal member arranged in the chamber and shaped to seal in order to form a sealed space with the shell assembly and the core as taught by Centrum in order to create an under-pressure in relation to the surroundings (Centrum page 4).
Regarding claim 3, the device according to claim 2, wherein: the shell assembly and the core are configured to rotate relative to each other to cause the material holder to be sealed in the sealed space. The modified Bol further discloses wherein the shell assembly and the core are configured to rotate relative to each other to cause the material holder to be sealed in the sealed space (revolving cylindrical door 6 rotates relative to shielding wall 4 to seal recess 8 inside the sealed space; abstract; figures 1-2; paragraph 45).
Regarding claim 4, the modified Bol does not teach the device according to claim 1, further comprising: the seal member is one of a plurality of seal members arranged at the inner surface of the chamber, and the sealed space is one of a plurality of sealed spaces formed by the plurality of seal members with the core, the core being rotated for an angle to cause the material holder to be sealed in one of the plurality of sealed spaces. However, Centrum discloses a plurality of seal members arranged at an inner surface of the chamber to form a plurality of sealed spaces with the core (hermetically sealed boxes 3 and 8 are arranged at an inner surface of space 10 to form a plurality of sealed spaces with rotatable part 5; abstract; figures 1-4; page 4). It would have been obvious to one of ordinary skill in the art, before the relevant date, to modify the device of Bol with a plurality of seal members arranged at an inner surface of the chamber to form a plurality of sealed spaces with the core, as taught by Centrum, for the advantage of creating an under-pressure in relation to the surroundings (See Centrum page 4).
Regarding claim 5, the device according to claim 1, wherein the shell assembly includes: a first shell (lower portion in fig. 2 of Bol), a first chamber space (2) being formed in the first shell; and a second shell (upper portion in fig. 2 of Bol), a second chamber space (area surrounding 3) being formed in the second shell, the first shell and the second shell being connected to form the chamber to rotatably accommodate the core in the chamber (see fig. 2-3).
Regarding claim 6, the device according to claim 5, wherein the first shell includes: a flange extending outwards from a periphery of the first shell and abutting against the second shell (structure between the two shells); a plurality of through-holes on the flange (see fig. 2-3); and a protrusion protruding from the flange along a periphery of the first chamber space and configured to cooperate with an inner surface of the second chamber space of the second shell to form a sealed connection between the first shell and the second shell (see fig. 2-3).
Regarding claim 7, the device according to claim 6, wherein the second shell includes: a plurality of holes configured to form a threaded connection with the plurality of through-holes on the flange of the first shell, each of the plurality of holes corresponding to one of the plurality of through-holes on the flange (see fig. 2-3 of Bol).
Regarding claim 8, Bol discloses the device according to claim 1, wherein: the core further has a planar surface connected to each other (revolving cylindrical door 6 has a planar surface connected to each other as shown in fig. 1-2); and a recess is formed on the planar surface and is configured to accommodate the material holder (space is formed on the planar surface and is
Regarding claim 10, the device according to claim 1, wherein: a recess is formed at the core; the device further comprising: a rotation shaft including a connection member inserted in the recess, the connection member being configured to cooperate with an inner surface of the recess to realize a rotation of the core as driven by the rotation shaft. Bol teaches the recess is formed at the core (space is formed at revolving cylindrical door 6, fig. 1-3, para 45). Bol rotates about a shaft as seen in fig. 9).
Regarding claim 11, the device according to claim 10, wherein: a cross-section of the recess along a center axis of the recess and a cross-section of the connection member along an axial direction of the rotation shaft have a same shape (see fig. 1-3, 9).
Regarding claim 12, the device according to claim 10, wherein: a cross-section of the recess along a center axis of the recess and a cross-section of the connection member along an axial direction of the rotation shaft have different shapes as long as the connection member cooperates with the recess to drive the core to rotate (see fig. 1-3 and 9, cylindrical, round with two flat sides).
Regarding claim 13, the device according to claim 10, wherein the shell assembly includes a through-hole configured to allow the rotation shaft to pass through; the device further comprising: a drive mechanism configured to drive the rotation shaft to rotate (the shaft as see in in fig. 9 is driven by a rotational means in the shell).
Regarding claim 14, the device according to claim 13, further comprising: a seal member arranged at the through-hole to seal the chamber.
Centrum discloses a seal member arranged in the chamber and configured to form a sealed space with the shell assembly and the core (sealing collar 2 is arranged in spaced 10 and configured to form a sealed space with shielding wall 6 and rotatable part 5, fig. 1-4, page 5). It would have haven obvious to one having an ordinary skill in the art to modify Bol to employ a seal member arranged in the chamber and configured to form a sealed space with the shell assembly and the core as taught by Centrum in order to create an under-pressure in relation to the surroundings (Centrum page 4).
Regarding claim 15, the device according to claim 1, wherein: a recess is formed at the core (See fig. 1-3, area where material 8 is located); the device further comprising: a body including a first wall (left wall) and a second wall (right wall) arranged at an angle relative to each other; a fixation member (shaft shown in fig. 9 that allows core to rotated within wall, the shaft is connected to a wall by an indentation or fixed structurally thereto) connected to the first wall and partially inserted in the recess (the shaft is connected to a first wall that allows the core to rotate about the shaft axis), and configured to cooperate with an inner surface of the recess to connect the core to the first wall; and a rotation shaft connected to the shell assembly and configured to drive the shell assembly to rotate (see fig. 9 shows shaft).
Regarding claim 16, Bol discloses the device according to claim 1, wherein: the core is configured to be rotated by different angles to expose the material holder through the opening (revolving cylindrical door 6 rotates at different angles to expose recess 8 through cylindrical opening 5, fig. 1-2 para 45).
Regarding claim 17, Bol discloses the material transfer method comprising:
rotating a core of a material transfer device to cause a material holder to be exposed to an outside environment (revolving cylindrical door 6 of the apparatus above rotates to expose a recess 8 to an outside environment, fig. 1-2, para 45), the material transfer device being in an operation mode (the device is always ready, further a mode does not signify a state of operation because there is not a processor programed to control each mode);
rotating the core to cause the material holder to be in a chamber of a shell assembly of the material transfer device (rotating revolving cylindrical door 6 to cause recess 8 to be in an irradiation chamber 2 of a shielding wall 4 of the above apparatus), the material transfer device being in a sealed mode (a mode does not signify a state of operation because there is not a processor programed to control each mode);
transferring the material transfer device to a target location (see fig. 3 which shows material 9 moved to a target location within the irradiation chamber) and
rotating the core to cause the material holder to be exposed through an opening of the material transfer device (rotating revolving cylindrical door 6 to cause recess 8 to be exposed through cylindrical opening 5 of the apparatus above).
Bol does not teach a seal member arranged in the chamber and configured to cooperate with an inner surface of the chamber and a curved surface of the core to form a sealed spaced between a bottom surface of the shell assembly and the core.
Centrum discloses a transfer device for transporting radioactive materials that comprises a frame (1) in a shielding wall 6), a cylindrical transport rotating part (5), a seal member arranged in the chamber and configured to form a sealed space with the shell assembly and the core (sealing collar 2 is arranged in spaced 10 and configured to form a sealed space with shielding wall 6 and rotatable part 5, fig. 1-4, page 5). Centrum discloses a seal member arranged at the opening and configured to seal the chamber with the curved surface of the core (sealing collar 2 is arranged at the opening and configured to seal space 10 with the curved surface of the rotatable part 5; abstract; figures 1-4; page 4). It would have haven obvious to one having an ordinary skill in the art to modify Bol to employ a seal member arranged in the chamber and shaped to seal in order to form a sealed space with the shell assembly and the core as taught by Centrum in order to create an under-pressure in relation to the surroundings (Centrum page 4).
Regarding claim 18, the method according to claim 17, wherein the material transfer device includes: the shell assembly having the chamber and the opening, the opening being in communication with the chamber; and the core arranged in the chamber and including the material holder; and Bols does not teach a seal member arranged in the chamber and configured to form a sealed space with the shell assembly and the core.
Centrum discloses a seal member arranged in the chamber and configured to form a sealed space with the shell assembly and the core (sealing collar 2 is arranged in spaced 10 and configured to form a sealed space with shielding wall 6 and rotatable part 5, fig. 1-4, page 5). It would have haven obvious to one having an ordinary skill in the art to modify Bol to employ a seal member arranged in the chamber and configured to form a sealed space with the shell assembly and the core as taught by Centrum in order to create an under-pressure in relation to the surroundings (Centrum page 4).
Regarding claim 19, the method according to claim 18, wherein rotating the core to cause the material holder to be in the chamber of the shell assembly of the material transfer device includes: rotating the core relative to the shell assembly to cause the material holder to be sealed in the sealed space (the core 6 is rotated to allow the material 8 to be placed into the chamber, see fig. 3).
Regarding claim 20, Bols does not teach the method according to claim 17, wherein: the material transfer device includes a plurality of seal members arranged at an inner surface of the chamber to form a plurality of sealed spaces with the core; and rotating the core to cause the material holder to be in the chamber of the shell assembly of the material transfer device includes rotating the core for an angle to cause the material holder to be sealed in one of the plurality of sealed spaces.
Centrum discloses a seal member arranged in the chamber and configured to form a sealed space with the shell assembly and the core (sealing collar 2 is arranged in spaced 10 and configured to form a sealed space with shielding wall 6 and rotatable part 5, fig. 1-4, page 5). It would have haven obvious to one having an ordinary skill in the art to modify Bol to employ a seal member arranged in the chamber and configured to form a sealed space with the shell assembly and the core as taught by Centrum in order to create an under-pressure in relation to the surroundings (Centrum page 4).
Response to Arguments
Applicant's arguments filed 12/15/25 have been fully considered but they are not persuasive. Applicant argues, “Centrum discloses that "four hermetically sealed and separated spaces are formed... [including] a space inside the juncture together with the collar 2." Centrum, at 4, and FIG. 3. As shown in FIG. 3, such sealed space is between the collar 2 and the rotatable part 5, which is different from a sealed space formed between the bottom surface of the shell assembly and the core. Further, applying the collar 2 of Centrum to Bol would have resulted in a sealed space between the revolving cylindrical door 6 of Bol (alleged by the Office as corresponding to the claimed "core"; see Office Action at 2) and the collar 2, which blocks the scan horn 12 of Bol from scanning the product pallet 9. See also, e.g., Bol, [0045]. That is, applying Centrum's collar 2 to Bol would render Bol's intended purpose unsatisfactory.” Claim 1 does not positively state a curved seal member. Claim 1 states a seal member without reciting any structures that make the seal member or a curved surface of the core. Bols provides a core having a curved surface. Centrum provides a rotating part (5) that is also curved and provides a seal (2) that surrounds this rotating part core. The seals provide a sealing structure in order to prevent radioactive material from escaping during transfer. This is created when the seal between the two boxes and the rotating part is therebetween along with the seals in order to prevent contamination. It would have been obvious to one having an ordinary skill in the art at the time of the invention to modify Bol to employ the seals of Centrum in the chamber and shaped to seal in order to form a sealed space with the shell assembly and the core as taught by Centrum in order to create an under-pressure in relation to the surroundings (Centrum page 4). This prevents contamination of surrounding area which is an unwanted outcome of radioactive material transfer.
Conclusion
THIS ACTION IS MADE FINAL. 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 SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday-Friday 8-5.
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/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758
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