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 I (claims 1-7 and 16-20) in the reply filed on 10/2/25 is acknowledged.
Claim Rejections - 35 USC § 102
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 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(s) 1-4 and 7 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Park, JR. et al. (US2018/0352643A1) (hereafter Park ‘643).
With respect to claim 1, Park ‘643 teaches a method of manufacturing a neutron generation target, the method comprising: (i) contacting a first surface of a lithium foil (108/203/206) with a surface of a substrate (106/202/203) (figures 1C and 2A-B; and paragraphs 33-34, 38, and 44-49); and (ii) applying a mechanical force to a second surface of the lithium foil that is opposite to the first surface of the lithium foil, thereby adhering the first surface of the lithium foil to the surface of the substrate to obtain the neutron generation target comprising a lithium layer on the surface of the substrate (figures 1C and 2A-B; and paragraphs 33-34, 38, and 44-49).
With respect to claim 2, Park ‘643 teaches wherein the contacting is continuous (figures 1C and 2A-B).
With respect to claim 3, Park ‘643 teaches roughening the surface of the substrate prior to contacting the first surface of a lithium foil with the surface of the substrate (paragraphs 5-6, 41, 43-44, 47-48).
With respect to claim 4, Park ‘643 teaches etching the surface of the substrate (paragraphs 5-6, 41, and 48).
With respect to claim 7, Park ‘643 teaches removing contamination from the first surface of the lithium foil to expose lithium (paragraph 49).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Park, JR. et al. (US2017/0062086A1) (hereafter Park ‘086).
With respect to claim 18, Park ‘086 teaches a method of manufacturing a neutron generation target, the method comprising: (i) applying a material (intermediate material) to a surface of a substrate (106) to obtain a first layer (intermediate layer) on the surface of the substrate, wherein the material is capable of forming an alloy with lithium metal or is otherwise capable of chemically or physically adhering to lithium metal (figures 1C and 1F; and paragraphs 10, 48, 57-58, 60, and 105); (ii) contacting the first layer (intermediate layer) and a first surface of a lithium foil (108); and (iii) applying a mechanical force to a second surface of the lithium foil that is opposite to the first surface of the lithium foil, thereby causing the first layer to adhere to the lithium foil to the substrate to obtain the neutron generation target comprising a lithium layer on the surface of the substrate (figures 1C and 1F; and paragraphs 10, 48, 57-58, 60, and 105).
With respect to claim 19, Park ‘086 teaches wherein the contacting is continuous (figures 1C and 2A-B).
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) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park ‘643 as applied to claims 1 and 5 above, and further in view of Higdon et al. (US 6,375,062B1) (hereafter Higdon).
With respect to claims 5 and 6, Park ‘643 does not teach wherein etching the surface of the substrate is carried out using an acid; and wherein etching the surface of the substrate is carried out by heating the substrate in the presence of hydrogen.
However, Higdon teaches wherein etching the surface of the substrate is carried out using an acid (column 6, lines 54-66); and wherein etching the surface of the substrate is carried out by heating the substrate in the presence of hydrogen (column 6, lines 54-66).
At the time of filing the claimed invention it would have been obvious to one of ordinary skill in the art to utilize the acid etching of Higdon in the process of Park ‘643 in order to remove oxidation and/or form a surface of the desired finish.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park ‘643 as applied to claim 1 above, and further in view of (JP-2022058161A) (hereafter JP ‘161).
With respect to claims 16-17, Park ‘643 does not teach wherein the mechanical force is from about one megapascal (MPa) to about three MPa; and wherein the mechanical force is about two MPa.
However, JP ‘161 teaches bonding a target at a pressure of 0 Pa or more and 80 MPa or less (machine translation; and claims).
At the time of filing the claimed invention it would have been obvious to one of ordinary skill in the art to utilize the pressure of JP ‘161 in the process of Park ‘643 in order to ensure that the components properly contact one another during bonding and a strong bond is formed between the components.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park ‘086 as applied to claim 18 above, and further in view of Park ‘643.
With respect to claim 20, Park ‘086 does not teach heating the neutron generation target in while applying the mechanical force to facilitate diffusion and/or induce alloying between the material of the first layer and the lithium foil and/or vibrating the neutron generation target while applying the mechanical force to create friction between the first layer and the first surface of the lithium foil.
However, Park ‘643 teaches elevated temperatures and durations for lithium that will intrinsically form a diffusion bond and an alloy with an aluminum or copper substrate at the disclosed elevated temperatures and durations (paragraphs 9 and 45; and claims 6-8). The multiple use of “and/or” language does not positively require vibrating in view of the broadest reasonable interpretation.
At the time of filing the claimed invention it would have been obvious to one of ordinary skill in the art to utilize the elevated temperatures of Park ‘643 in the process of Park ‘086 in order to ensure that a strong and satisfactory bond is formed between the components.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KILEY SHAWN STONER whose telephone number is (571)272-1183. The examiner can normally be reached on Monday-Thursday.
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/KILEY S STONER/ Primary Examiner, Art Unit 1735