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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 4, 2026 has been entered.
Claims 1-13 are pending. Applicant amended claims 1-9 and added new claims 10-13.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 4, 2026 is being considered by the examiner.
Claim Objections
Claim 10 is objected to because of the following informalities:
In claim 10, the limitation “the contact” should be changed to “the contact unit”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 12 and 13 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
The specification is devoid of disclosure directed to the temperature tolerance of the claimed post unit/contact unit. Consequently, the subject matter of claims 12 and 13 constitute new matter.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 11 and 13 are 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.
Claim 11 recites “the pedestal”. There is no antecedent basis for the limitation.
Claim 13 recites “the post unit”. There is no antecedent basis for the limitation. It is unclear whether the limitation intends to refer to “the contact unit” or “the conductive post”. As indicated above, the subject matter of claim 13 is new matter and hence the specification provides no context for ascertaining the intent of the claim.
Claim Rejections - 35 USC § 102
Claims 7, 8 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Applicant’s own disclosure.
With respect to claim 7, Applicant’s specification discloses as prior art (see Figs. 2-5) a radioactive isotope aerosolization contact unit 5 configured to be used during the production of aerosolized carbon encased radioactive isotopes (see [0004]-[0006]), the contact unit 5 including a first cavity 7 for engaging one end of a carbon crucible at a first proximal end (top) of the contact unit*, and a clamping surface located at a distal end (bottom) of the contact unit for being detachably clamped to a conductive post*, wherein the clamping surface includes a profiled (flat) surface for mating with a corresponding surface of the conductive post when clamped to the conductive post, so as to maintain the contact unit in a predetermined orientation relative to the post when clamped*.
*The crucible and the conductive post are not part of the claimed invention, hence limitations directed to the crucible and the conductive post are recitation of intended use. In other words, the limitations are merely hypothetical and prior art need not teach the crucible nor conductive post to anticipate the limitations. In this instance, the limitations are anticipated by the provision of a hypothetical crucible that fits within cavity 7 and a hypothetical conductive post that can clamp the proximal and distal ends (top and bottom) of the contact unit 5.
With respect to claim 8, the profiled surface at the distal end of the contact unit includes a circular knob (see Fig. 5).
With respect to claim 13, because the contact unit 5 is configured for use during the creation of a carbon encapsulated radioisotope, the contact unit is configured to withstand a temperature of at least 2,000 °C.
Claims 7-10 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sitek et al. (“Sitek”) (US 3,899,627).
With respect to claim 7, Sitek discloses a contact unit 10 configured to be used during the production of aerosolized carbon encased radioactive isotopes* (see Figs. 1-2), the contact unit 10 including a first cavity 14 for engaging one end of a carbon crucible at a first proximal end (top) of the contact unit*, and a clamping surface located at a distal end (bottom) of the contact unit 10 for being detachably clamped to a conductive post 34, wherein the clamping surface includes a profiled (chamfered and knobbed) surface for mating with a corresponding surface of the conductive post 34 when clamped to the conductive post 34 (see Fig. 1), so as to maintain the contact unit in a predetermined orientation relative to the post when clamped (see Fig. 1).
*The limitations are directed to recitation of intended use. That said, while the contact unit of the prior art must be capable of being used in the claimed manner, prior art need not teach the intended use to anticipate the limitations. In this instance, the contact unit 10 is made out of carbon (see line 22, col. 2) and it is used inside a furnace (see abstract). Consequently, it is deemed to be “configured to be used during the production of aerosolized carbon encased radioactive isotopes” and the cavity 14 is capable of “engaging one end of a carbon crucible” having the same dimensions as the cavity 14.
With respect to claim 8, the profiled surface at the distal end of the contact unit includes a knob 24 (see Fig. 2).
With respect to claims 9 and 10, the profiled surface at the distal end of the contact unit includes a chamfer 20 which orients the contact unit upon insertion into a corresponding pedestal 34 (see Figs. 1-2).
With respect to claim 13, because the contact unit 10 is made from carbon and configured for use inside a furnace, the contact unit 10 is configured to withstand a temperature of at least 2,000 °C.
Claim Rejections - 35 USC § 103
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Sitek.
With respect to claim 11, the contact unit 10 comprises a knob 24 that is received by a hole 36 formed in a pedestal 34 (see Figs. 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have reversed the mounting elements taught by Sitek such that the knob 24 is provided on the pedestal 34 and the hole 36 is provided in the contact unit 10. The modification would constitute reversal of parts, which is considered obvious. See In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). Moreover, to enhance the stability of the mounting, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a plurality of knobs received by a corresponding plurality of holes. The modification would constitute duplication of parts, which is also considered obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). If the modification is made, then the contact unit 10 would comprise a series of shallow holes 36 placed around the contact unit, the shallow holes 36 configured to mate with corresponding bumps 24.
Allowable Subject Matter
Claims 1-6 are allowed. The following is a statement of reasons for the indication of allowable subject matter:
Applicant’s own disclosure teaches a radioactive isotope aerosolization post unit utilized during the creation of a carbon encapsulated radioactive isotope, the post unit including (see Figs. 3-5 and [0003]-[0011]):
a contact unit 5 including a first cavity 7; and
first and second pedestals 3 and 4, each of the pedestals configured to detachably engage with the contact unit;
wherein the first and second pedestals 3 and 4 are resiliently clamped together around the contact unit 5 for engagement of the contact unit 5 in a predetermined position (see Fig. 5).
However, the first and second pedestals are not in contact with one another when they are clamped together, as recited in claim 1. Moreover, based on the disclosure, there is no motivation to modify the post unit so as to arrive at the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL S HYUN whose telephone number is (571)272-8559. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL S HYUN/ Primary Examiner, Art Unit 1796
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