Prosecution Insights
Last updated: April 19, 2026
Application No. 18/286,842

RADIOACTIVE IODINE ADSORBENT, METHOD FOR PRODUCING RADIOACTIVE IODINE ADSORBENT, AND METHOD FOR PROCESSING RADIOACTIVE IODINE

Non-Final OA §103
Filed
Oct 13, 2023
Examiner
MCCAIG, BRIAN A
Art Unit
1772
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Hitachi-GE Nuclear Energy, Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
94%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
1057 granted / 1321 resolved
+15.0% vs TC avg
Moderate +14% lift
Without
With
+13.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
30 currently pending
Career history
1351
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
42.9%
+2.9% vs TC avg
§102
17.1%
-22.9% vs TC avg
§112
31.3%
-8.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1321 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status This Office action is based on the 18/286,842 application filed 13 October 2023, which is being examined under the first inventor to file provisions of the AIA. Claims 1-8 are pending and have been fully considered. Claim Interpretation Applicant is reminded that “[ i ] f the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. ” Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC , 962 F.3d 1362, 2020 USPQ2d 10701 . In the instant case, the body of claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states that the invention is for adsorption of radioactive iodine (“[a] radioactive iodine adsorbent obtained by…”) or a method for producing the same . Therefore, the preambles a radioactive iodine adsorbent and a method for producing a radioactive iodine adsorbent are not considered limitations and are of no significance to claim construction . Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis ( i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claim(s) 1- 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ditzel et al (US 2010/0121098). With respect to claims 1 - 2 and 4-6 , Ditzel et al discloses “ a mordenite catalyst which contains copper and/or silver and 0.05 to 10 mol % platinum relative to aluminium ” [abstract] and “ [m] ordenite is commonly available as Na-mordenite, NH 4 -mordenite or H-mordenite. Prior to use as a catalyst, the mordenite is ion-exchanged or otherwise loaded with platinum and one or more of silver and copper. The loading of the mordenite with these metals may be by any method such as the well-known techniques of ion-exchange …” [paragraph 0018] and “[m] ordenite with a silica to alumina ratio of 20 ( ex Sud -chemie) was compacted with a powtec roller compactor at 250 bar using a total of 4 cycles, then crushed and sieved to a particle size fraction of 125 to 160 microns. 2.5 g of the mordenite was then calcined in a muffle oven (oven-volume=12 L) at a temperature of 500 o C. under air (air flow 1 L/min) at a ramp rate of 1 o C./min to a temperature of 120 o C., held at 120 o C. for 180 minutes, then the temperature was increased by 1 o C./min to 500 o C., held at 500 o C. for 180 minutes ” [paragraph 0042] to prepare H-mordenite . The H-mordenite corresponds to a mordenite-type zeolite in which the hydroxyl nest has been converted to Si-O-Si bonds based on the calcination temperature of 500 o C . Note that the instant application discloses “ the hydroxyl nest is converted into the Si—O—Si bond by a heat treatment at 500 to 700° C ” [paragraph 0019] . The reference further discloses “ the present invention provides a process for the production of methyl acetate which process comprises the carbonylation of a dimethyl ether … in the presence of a mordenite catalyst which has been ion-exchanged or otherwise loaded with at least one of silver and copper ” [paragraph 0009; see also paragraph 0017] and “[p] rior to use as a catalyst, the mordenite is ion-exchanged or otherwise loaded with platinum and one or more of silver and copper ” [paragraph 0018] and “ H-Mordenite (40 g) with a silica to alumina ratio of 20 ( ex Sud Chemie ) was weighed into a 500 mL round bottomed flask together with 6.43 g of copper(II)nitrate hemipentahydrate (98% ACS) and a stirrer bar. Sufficient deionised water (ca. 100 mL) was then added to the flask until a thick slurry was obtained. The top of the flask was then loosely covered and the flask left to stir overnight. The mordenite was then dried under reduced vacuum using a rotary evaporator before being dried in an oven at 100 o C. for 12 hours … The mordenite had a copper loading of 55 mol % relative to aluminium ” [paragraph 0057]. Obviously, instead of or in addition to the copper, silver may be used. See, e.g., paragraph 0044: “ A solution comprising 852 m L silver (I) nitrate concentration of 4 mol/L dissolved in 3648 m L H 2 O was made-up and used to impregnate 5 g of the mordenite …” See, also, paragraph 0021: “[a] ny suitable copper, silver and platinum salts or complexes may be used for impregnation of the mordenite. Suitably, solutions of … copper( II)salts such as copper(II)nitrate and silver nitrate may be used …” With respect to claim s 3 and 7 , note that in the preceding, 6.43 g of copper( II)nitrate hemipentahydrate comprises 1.76 g of Cu (assuming a molecular weight of 232.6 g mol -1 for copper(II)nitrate hemipentahydrate ) on 40 g of H-mordenite, which is equivalent to about 4.2 mass % (1.76/(1.76+40) x 100% ) . Obviously, since silver may be used in place of copper, 4.2 mass % Ag would have been obvious. Alternatively, “ 852 m L silver (I) nitrate concentration of 4 mol/L ” is equivalent to about 0.37 g silver “ to impregnate 5 g of the mordenite ,” which yields about 6.85 mass % silver (0.37 /( 5+0.37) x 100%). Allowable Subject Matter Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Ditzel et al does not disclose either step of the recited method. The nearest art reference appears to be Yang et al (CN 112742346) , which discloses an “ invention [that] belongs to the technical field of preparation of adsorbent, specifically to an adsorption material for capturing radioactive element iodine , the preparation steps are as follows: (1) dissolving mordenite in water to form turbid liquid ; (2) preparing 0.1-0.2mol/L of silver nitrate solution under the light shielding condition; (3) pouring the silver nitrate solution into the suspension, and heating to boil under stirring and refluxing state; (4) quickly adding the first complexing agent to the boiling liquid in the step (3); (5) preparing sodium carbonate solution, and adding (4); (6) adding reduction agent (5) and stirring uniformly, and heating for 30 min at 80 degrees centigrade water bath, (7) filtering the (6); (8) preparing 0.01-0.3mol/L of copper sulphate solution; (9) dissolving the second complexing agent in the deionized water (10) in the stirring state, adding the copper sulphate solution to (9), and adding stabilizing agent and reducing agent (11) adding Ag-mordenite to (10); (12) filtering the mixture obtained in step (11), drying the filter cake at 110 degrees centigrade for 24h ” [see abstract of machine translation]. Notice that it does not appear that the hydroxyl nest in the mordenite is converted to Si-O-Si bonds prior to the mixing/impregnation of silver. Also note that the publication date of Yang et al is 30 August 2022 while the foreign priority of the instant application is 16 April 2021 , although the priority in the instant application has not been perfected via the filing of an English language translation of the foreign application [see MPEP 2152.06: “ The foreign priority filing date must antedate the reference and be perfected . The filing date of the priority document is not perfected unless applicant has filed a certified priority document in the application (and an English language translation, if the document is not in English ) (see 37 CFR 1.55(g)) ]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BRIAN A MCCAIG whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5548 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday to Friday 8 to 4:30 Mountain Time . 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, FILLIN "SPE Name?" \* MERGEFORMAT In Suk Bullock can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-5954 . 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. /BRIAN A MCCAIG/ Primary Examiner, Art Unit 1772 16 March 2026
Read full office action

Prosecution Timeline

Oct 13, 2023
Application Filed
Mar 16, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
94%
With Interview (+13.6%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1321 resolved cases by this examiner. Grant probability derived from career allow rate.

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