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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/10/2026 has been entered.
Response to Amendment
The amendment filed 04/10/2026 was entered. Claims 1, 3-6, 8-10, 11, 13-16 and 18-21 are now present in the application. Claims 1, 6, 11 and 16 are independent. Claims 2, 7, 12 and 17 have been canceled. Claims 1, 6, 11 and 16 have been amended. Claim 21 has been added.
Request for Interview
In view of the foregoing instant office action, it is respectfully submitted that if Applicant has any questions or concerns with said instant office action, the Examiner respectfully invites Applicant to contact the Examiner at the telephone number appearing below.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-6, 8-10, 11, 13-16 and 18-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument, see Hamidatou et al. (‘Concepts, Instrumentation and Techniques of Neutron Activation Analysis’. Imaging and Radioanalytical Techniques in Interdisciplinary Research - Fundamentals and Cutting-Edge Applications; 2013. InTech. doi:10.5772/53686).
A few arguments such as measurement time is longer in Shinsho, notice how the claim does not require any particular measurement duration and do not exclude longer readout intervals. Also, Tsai teaches scintillation readout that can be captured without the TL curves, which could predictably reduce readout time in appropriate implementation. Also, applicant argues that TL does not equal scintillation and there’s no reason to substitute or to combine the references. The examiner respectfully disagrees. Both produce detectable optical emissions measurable by photodetectors and processed by a computer. Also, Tsai expressly teaches a scintillation light readout including recording scintillation light due to induced activity. Shinsho already uses optical detection hardware in addition to a PC, so incorporating Tsai’s scintillator readout is presented as an obvious design choice with predictable results.
As per the examiners understand, the arguments directed to the non-amendment limitations, are not persuasive.
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.
Claim(s) 1, 3 - 6, 8 - 11, 13 – 16 and 18 - 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinsho et al. (Measurements of γ-rays and neutrons in BNCT irradiation field using thermoluminescent phosphor; The Japan Society of Applied Physics Japanese Journal of Applied Physics, Volume 62, Number 1) in view of Tsai et al. (QA measurement of gamma-ray dose and neutron activation using TLD-400 for BNCT beam; Applied Radiation and Isotopes; Volume 137; 2018; Pages 73-79) and Hamidatou et al. (‘Concepts, Instrumentation and Techniques of Neutron Activation Analysis’. Imaging and Radioanalytical Techniques in Interdisciplinary Research - Fundamentals and Cutting-Edge Applications; 2013. InTech. doi:10.5772/53686).
With regards to claims 1, 6,11 and 16, Shinsho discloses a neutron measuring system (Figures 2 and 4; see below for references) (Abstract), comprising:
a thermoluminescent dosimeter, comprising a thermoluminescent crystal (i.e., chromium-doped aluminum oxide at the least) (2.1 Overview of technology) (Figure 2), wherein the thermoluminescent crystal absorbs and stores ionizing radiation emitted by a metallic body that has been activated, and the thermoluminescent crystal releases the stored ionizing radiation in the form of thermoluminescence when heated (2. Thermal neutron fluence measurements using TL phosphor Cr doped Al2O3 and Cd converter) (2.1. Overview of technology) (2.2.1. Irradiation field of BNCT) (2.2.2. TL glow-curve measurements); a photodetector (i.e., see Figure 4, for example, Photon counting head) measuring intensity of the thermoluminescence (i.e., Al2O3: Cr sandwiched between 2 Cd plates); and a computing device (i.e., PC; Figure 4), connected to the photodetector (i.e., Photon counting head; Figure 4) configured to receive the intensity of the thermoluminescence from the photodetector (Photo counting head) (i.e., Fig. 5., Color online, TL glow curves for Al2O3: Cr with Cd converter (blue) and Al2O3: Cr without Cd converter (red) after irradiation for 30 min).
Notice how Shinsho can measure thermal neutrons without correcting the contribution of the original radiation in the neutron field in relation to the TL intensity for the chromium-doped aluminum oxide. Shinsho further teaches employing a metallic converter (i.e., cadmium plates) with the thermoluminescent plate, including a configuration in which an Al2O3: Cr TL plate is sandwiched by cadmium plates (Figure 2), to enable measurement in a neutron field. The cadmium plates interact with neutrons to produce ionizing radiation that is detect by the thermoluminescent plate (i.e., 1. Introduction; pages 1 and 2).
Shinsho fails to expressly disclose calculating a thermoluminescent dose of ionizing radiation absorbed and stored by the thermoluminescent crystal based on the intensity of the thermoluminescence and a thermoluminescence-dose calibration factor; wherein the metallic body is activated into an unstable radioactive isotope by irradiating the metallic body with a neutron beam to emit the ionizing radiation through a radioactive decay process (i.e., newly amended claim language entered on 04/10/2026); using a first conversion formula to calculate activity of the metallic body based on the thermoluminescent dose and a first conversion factor and using a second conversion formula to calculate neutron intensity at which the metallic body is located based on the calculated activity of the metallic body.
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Figure 2
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Tsai discloses a quality assurance QA measurements strategy used in BNCT environments with thermoluminescence dosimeters THD where simultaneously gamma-ray dose and neutron activation measurements were performed. TLD’s was treated as individual detectors. Self-irradiation TL signals were applied for in situ calibration. TLD’s were capable of emitting prominent scintillation lights (Abstract) (2.3.3. SC readout) (2.4. Determination of Mn concentration in TLD-400 by neutron activation) (3.3. InsituTLcalibrationofTLD-400).
Tsai further teaches that the irradiated TLD-400 chips are capable of emitting prominent scintillation lights due to the induced activity (i.e., 56Mn), and that the scintillation light can be recorded using the reader without the heating step used for TL readout (Abstract) (2.3.3. SC readout). Tsai also teaches that TLD-400 chips possess adequate amount of Mn activator, which can be conveniently taken advantage of for QA measurements of neutron activation to verify the characteristics of the neutron field of BNCT beams (see Tsai Eq. (1)) (2.4. Determination of Mn concentration in TLD-400 by neutron activation).
Hamidatou teaches neutron activation analysis (NAA), in which a target material is irradiated with neutrons so that nuclei in the material are activated into radioactive nuclei which decay and emit ionizing radiation (including alpha-rays) (1. Introduction; page 141 – 143) (Pages 154 – 159). Hamidatou provides the generally accepted principles and equations of neutron activation analysis (NAA), including target (i.e., a metallic body) can be activated into an unstable radioactive isotope by neutron irradiation, and that the induced radioactive isotopes emits ionizing radiation through radioactive decay wherein neutron flux/intensity can be calculated form activity using conversion relationships (3. Applications) (2.3. Derivation of the measurement equation).
Hamidatou further discloses the standard activation relationship between (i) reaction (including an integral form;
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And irradiation time (including a saturation term and measurable activity/disintegration rate (1. Introduction; page 141 – 143) (Pages 154 – 159).
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In view of the utility, to improve calibration factions using neutron activation analysis relationships summarized by Hamidatou, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Shinsho with Tsai.
Notice how Tsai provides neutron activation of Mn leading to induced activity and decay emissions that contribute to recorded signals while Hamidatou explicitly teaches that neutron irradiation activates a target into an unstable radioactive isotope that emits ionizing radiation during radioactive decay and as such decay radiation is used in activation-based neutron measurements (See above).
With regards to claims 3, 8, 13 and 18, Shinsho discloses the thermoluminescent dosimeter is adjacent to the metallic body (Figure 2). Notice how an Al2O3: Cr TL plate is sandwiched between Cd plates and a bare Al2O3: Cr TL plate shown in Fig. 2.
With regards to claims 4, 9, 14 and 19, Shinsho discloses the thermoluminescent dosimeter further comprises the metallic body (Figure 2). Notice how an Al2O3: Cr TL plate is sandwiched between Cd plates and a bare Al2O3: Cr TL plate shown in Fig. 2.
With regards to claims 5 and 10, Shinsho modified discloses the claimed invention according to claim 1, absent some degree of criticality, the recitation of the specific conversion formula as claimed. Notice that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
The examiner takes Official Notice that using conversion formula in order to calibrate the systems as needed is well known. Additionally, calculating a neutron intensity with calibration factors based on a of thermoluminescences, wherein using a actual measured intensity to create calibration factors where the measured intensity is related to induced known materials used in capturing the intensities from the onset, is also well known and considered routine in the art. As such, it is known to include body material factors, dosage, intensity and the like in order to create an improved calibrated system accounting for drift and degradation of the system due to aging and usage.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Shinsho to include a conversion formula as claimed, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to include the conversion as claimed for the purpose of identifying any particular needs of the application at hand, where these factors are only considered no more than general conditions in routine experimentation within known workable ranges and more dependent on the application at hand to enhance efficiency, reduce costs, or improve quality at the least.
With regards to claims 15 and 20, Shinsho modified discloses the claimed invention according to claims 11 and 16, and further using spectrum analysis (2.2. Measurements of thermal neutron fluence for BNCT irradiation field) (3. Measurements of γ-rays in BNCT irradiation field using BeO ceramic TL phosphor).
With regards to claim 21, see the rejection of claim 1. See equation 1 in Hamidatou.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DJURA MALEVIC whose telephone number is (571)272-5975. The examiner can normally be reached M-F (9-5).
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/DJURA MALEVIC/Examiner, Art Unit 2884 (571)272-5975
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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