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 .
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on October 28, 2025 is acknowledged.
Specification
The disclosure is objected to because of the following informalities: Brief description of Figure 7 is missing.
Appropriate correction is required.
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 18, 23-26, 32-36 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. Claims 18, 32 recites “graphite-like” or “cyclohexane-like”; this renders the claim indefinite. The addition of the word “type” to an otherwise definite expression extends the scope of the expression so as to render it indefinite, see Ex parte Copenhaver, 109 USPQ 1 18 (Bd. App. 1955). See also MPEP 2173.05 (B) (e). Claims 23-26, 33-36 are subsumed under the rejection.
Claim 39 is 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 39 recites “comprising di-tungsten penta-boride, W2B5,”; it is unclear if Applicant is intending to claim two different components or just “W2B5”. For prior art purposes, the Examiner construes this limitation as one component “W2B5” (di-tungsten penta-boride).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 39 and 41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ma et al (CN109402477 (already of record, translation provided)).
Regarding claims 39, 41, Ma et al teaches an aluminum composite material for shielding high dose gamma rays and thermal neutrons comprising 75-90wt% of tungsten element, 0.5-3wt% boron element and the balance aluminum or aluminum alloy (Abstract, Paragraph 8). Ma et al further teaches the tungsten material can be tungsten boride and the boron raw material can be tungsten boride, wherein the tungsten boride is W2B5 or W2B (Paragraphs 9-10, 12). Ma et al further teaches preparing a composite comprising 7.8kg or W2B5 and 2.2kg of Al-Si alloy (which satisfies 78wt% W2B5) (Example 5).
Ma et al teaches the limitations of the instant claims; hence, Ma et al anticipates the claims.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 18, 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al (CN109402477 (already of record, translation provided)) in view of Frotscher et al (M2B5 or M2B4 A Reinvestigation of the Mo/B and W/B System (already of record)) in view of Zhang et al (CN103276254 (already of record, translation provided)).
Regarding claims 18, 23-25, Ma et al teaches an aluminum composite material for shielding high dose gamma rays and thermal neutrons comprising 75-90wt% of tungsten element, 0.5-3wt% boron element and the balance aluminum or aluminum alloy (Abstract, Paragraph 8). Ma et al further teaches the tungsten material can be tungsten boride and the boron raw material can be tungsten boride, wherein the tungsten boride is W2B5 or W2B (Paragraphs 9-10, 12). However, Ma et al fails to teach the tungsten boride compound has alternating layers of boron including graphite planar layers and condensed cyclohexane chairs with tungsten atoms located between the alternating boron layers and the boron in the boron layers having a proportion of boron-10 content to total boron content greater than a proportion of boron-10 content to total boron content in naturally occurring boron.
In the same field of endeavor, Frotscher et al teaches the crystal structure of W2B5
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(Abstract, Figure 1).
In the same field of endeavor, Zhang et al teaches a composite shielding material comprising boron, tungsten containing substance, B4C, aluminum or aluminum alloy (Abstract). Zhang et al further teaches the tungsten compound is W2B5 and the abundance of 10B in B is 19-99.5 wt% (Paragraphs 11, 15-16). Zhang et al further teaches the abundance of B and the thermal neutron absorption cross section of 10B is more than 50 times that of concrete (Paragraph 26).
With regard to the tungsten boride compound has alternating layers of boron including graphite planar layers and condensed cyclohexane chairs with tungsten atoms located between the alternating boron layers, 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 the tungsten boride compound having alternating layers of boron including graphite planar layers and condensed cyclohexane chairs with tungsten atoms located between the alternating boron layers in Ma et al in view of Frotscher et al as Ma et al teaches W2B5 as the tungsten compound and Frotscher et al teaches the claimed structure.
With regard to the boron in the boron layers having a proportion of boron-10 content to total boron content greater than a proportion of boron-10 content to total boron content in naturally occurring boron, 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 the proportion of B-10 content to total boron content is greater than the proportion of B-10 content to total boron content in naturally occurring boron in Ma et al and Frotscher et al in view of Zhang et al as Zhang et al teaches adjusting the amount of boron-10 in order to increase the thermal neutron absorption.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Ma et al (CN109402477 (already of record, translation provided)) in view of Frotscher et al (M2B5 or M2B4 A Reinvestigation of the Mo/B and W/B System (already of record)) in view of Zhang et al (CN103276254 (already of record, translation provided)) as applied to claims 18, 23-25 above, and in further view of Kingham et al (US Patent Application 2017/0186502).
Regarding claim 26, Ma et al, Frotscher et al and Zhang et al disclose the invention substantially as claimed. Ma et al and Frotscher et al and Zhang et al teach the features above. However, Ma et al, Frotscher et al and Zhang et al fail to specifically disclose the composite aggregate material in a metal matrix.
In the same field of endeavor, Kingham et al teaches a neutron shielding material includes a cemented carbide or boride comprising a binder and an aggregate, the aggregate comprises particles of a carbide or boride (Abstract). Kingham et al further teaches a metal matrix in which comprise particles of the aggregate; the addition of the metal binder cermented aggregates have high thermal conductivity (Paragraph 22).
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 the aggregated W2B5 metal composite (cermet) with a metal matrix in order to provide a cermented aggregate with high thermal conductivity as taught in Kingham et al.
Claims 32-33, 36 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al (CN109402477 (already of record, translation provided)) in view of Frotscher et al (M2B5 or M2B4 A Reinvestigation of the Mo/B and W/B System (already of record)).
Regarding claims 32-33, 36, Ma et al teaches an aluminum composite material for shielding high dose gamma rays and thermal neutrons comprising 75-90wt% of tungsten element, 0.5-3wt% boron element and the balance aluminum or aluminum alloy (Abstract, Paragraph 8). Ma et al further teaches the tungsten material can be tungsten boride and the boron raw material can be tungsten boride, wherein the tungsten boride is W2B5 or W2B (Paragraphs 9-10, 12). Ma et al further teaches preparing a composite comprising 7.8kg or W2B5 and 2.2kg of Al-Si alloy (which satisfies 787wt% W2B5) (Example 5). However, Ma et al fails to teach the tungsten boride compound has alternating layers of boron including graphite planar layers and condensed cyclohexane chairs with tungsten atoms located between the alternating boron layers.
In the same field of endeavor, Frotscher et al teaches the crystal structure of W2B5
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(Abstract, Figure 1).
With regard to the tungsten boride compound has alternating layers of boron including graphite planar layers and condensed cyclohexane chairs with tungsten atoms located between the alternating boron layers, 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 the tungsten boride compound having alternating layers of boron including graphite planar layers and condensed cyclohexane chairs with tungsten atoms located between the alternating boron layers in Ma et al in view of Frotscher et al as Ma et al teaches W2B5 as the tungsten compound and Frotscher et al teaches the claimed structure.
Claims 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al (CN109402477 (already of record, translation provided)) in view of Frotscher et al (M2B5 or M2B4 A Reinvestigation of the Mo/B and W/B System (already of record)) as applied to claims 32-33, 36 above, and in further view of Zhang et al (CN103276254 (already of record, translation provided)).
Regarding claims 34-35, Ma et al and Frotscher et al discloses the invention substantially as claimed. Ma et al and Frotscher et al teaches the features above. However, Ma and Frotscher et al fails to specifically disclose the boron in the boron layers having a proportion of boron-10 content to total boron content greater than a proportion of boron-10 content to total boron content in naturally occurring boron.
In the same field of endeavor, Zhang et al teaches a composite shielding material comprising boron, tungsten containing substance, B4C, aluminum or aluminum alloy (Abstract). Zhang et al further teaches the tungsten compound is W2B5 and the abundance of 10B in B is 19-99.5 wt% (Paragraphs 11, 15-16). Zhang et al further teaches the abundance of B and the thermal neutron absorption cross section of 10B is more than 50 times that of concrete (Paragraph 26).
With regard to the boron in the boron layers having a proportion of boron-10 content to total boron content greater than a proportion of boron-10 content to total boron content in naturally occurring boron, 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 the proportion of B-10 content to total boron content is greater than the proportion of B-10 content to total boron content in naturally occurring boron in Ma et al and Frotscher et al in view of Zhang et al as Zhang et al teaches adjusting the amount of boron-10 in order to increase the thermal neutron absorption.
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Ma et al (CN109402477 (already of record, translation provided)) as applied to claims 39 and 41 above, and in further view of Zhang et al (CN103276254) (already of record, translation provided)).
Regarding claim 40, Ma et al discloses the invention substantially as claimed. Ma et al teaches the features above. However, Ma et al fails to teach the boron having a proportion of boron-10 content to total boron content greater than a proportion of boron-10 content to total boron content in naturally occurring boron.
In the same field of endeavor, Zhang et al teaches a composite shielding material comprising boron, tungsten containing substance, B4C, aluminum or aluminum alloy (Abstract). Zhang et al further teaches the tungsten compound is W2B5 and the abundance of 10B in B is 19-99.5 wt% (Paragraphs 11, 15-16). Zhang et al further teaches the abundance of B and the thermal neutron absorption cross section of 10B is more than 50 times that of concrete (Paragraph 26).
With regard to the boron in the boron layers having a proportion of boron-10 content to total boron content greater than a proportion of boron-10 content to total boron content in naturally occurring boron, 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 the proportion of B-10 content to total boron content is greater than the proportion of B-10 content to total boron content in naturally occurring boron in Ma et al in view of Zhang et al as Zhang et al teaches adjusting the amount of boron-10 in order to increase the thermal neutron absorption.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/TANISHA DIGGS/Primary Examiner, Art Unit 1761 March 2, 2026