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 1-11) and Species A (cobalt-59) in the reply filed on 04/13/2026 is acknowledged.
Status of Claims
Claims 1-20 are pending in the application with claims 11-20 withdrawn. Claims 1-10 are examined herein.
Claim Rejections - 35 USC § 112(b)
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.
Claims 6-7 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.
Claims 6-7 are indefinite because they recite in the preamble the subcombination of a “core component assembly” that is inconsistent with the bodies of the claims that recite limitations directed to the combination of the “core component assembly” and a “gripper to hold the connector during rotation of the connector to prevent the connector from becoming a loose part in the reactor when the connector is detached from the base plate” (claim 6) and “a tool [that] can provide sufficient force to overcome a crimp of the crimp sleeve to permit detachment of the connector from the baseplate” (claim 7). This inconsistency presents the question as to whether the claims recite a combination or subcombination. There is insufficient antecedent basis for the limitations that are directed to the combination rather than to the subcombination because a “gripper” (claim 6) and a “tool” (claim 7) are not inherent components of the “core component assembly”. It is therefore unclear from the claims whether the “gripper” and “tool” are intended to be positively recited features of the “core component assembly”, or if infringement occurs if a “core component assembly” is capable of being used with these structures as claimed.
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 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.
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.
Claims 1-2 and 5-9, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over “Implementation and Utilization of Tritium Producing Burnable Absorber Rods (TPBARs) in Sequoyah Units 1 and 2” (“BAW-10237”) in view of EP Publication No. 1 384 905 (“Begel”).
Regarding claim 1, BAW-10237 (newly cited) (see FIGS. 3.2-1 (excerpt annotated below), 3.2-3, 3.2-4) discloses a core component assembly (“tritium producing burnable absorber rod assembly”, “TPBAR assembly”) for insertion into a fuel assembly of a nuclear reactor (p. 1-19: “a fuel assembly with 24 TPBARs”), wherein the core component assembly comprises:
a baseplate (“baseplate”) with a first side (e.g., a top side) and a second side (e.g., a bottom side), wherein an aperture (“hole”) is defined through the baseplate between the first side and the second side (p. 3-5: “The plate portion of the baseplate has 24 tapped holes for attachment of the TPBAR upper end plugs or thimble plugs”);
a connector (“upper end plug joint”), comprising:
a bayonet (“top portion of the upper end plug”, “hex stud”) with four sides (p. 3-6: “The top portion of the upper end plug is a hex stud”);
a threaded portion (“threaded stud”) disposed beneath the bayonet (p. 3-5: “The baseplate thickness is threaded to receive the upper end plug of the TPBAR rod or thimble plug”; p. 3-6: “Each TPBAR has an upper end plug that is threaded into and through the baseplate”);
an annular shoulder disposed beneath the threaded portion;
a gripping area disposed beneath the annular shoulder; and
a hole disposed beneath the gripping area; and
a crimp nut comprising a crimp sleeve (“crimp sleeve”) and an opening, wherein the crimp nut is aligned with the aperture of the baseplate and welded to the first side of the baseplate (p. 3-5: “The design consists of the baseplate, crimp sleeve, and threaded stud.... Crimp sleeves are aligned and welded to the baseplate prior to rod installation”), and wherein the connector is inserted into the opening of the crimp nut to attach the connector to the baseplate and position the bayonet within the crimp sleeve (p. 3-5: “The baseplate thickness is threaded to receive the upper end plug of the TPBAR rod or thimble plug”; p. 3-6: “Each TPBAR rodlet has an upper end plug that is threaded into and through the baseplate, to which the crimp sleeve is secured”).
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FIG. 3.2-1 (excerpt, annotated)
BAW-10237 discloses the aperture of the baseplate is threaded (p. p. 3-5: “The baseplate thickness is threaded to receive the upper end plug of the TPBAR rod or thimble plug”), but does not appear to disclose the crimped nut having a threaded opening. Begel (newly cited) (see FIGS. 1-2, 6) is similarly directed towards crimp nut (1) comprising a crimp sleeve (4) and an opening (6) ([0012]). Begel teaches the opening is a threaded opening for receiving a threaded portion of a connector (18) ([0015]-[0016], [0020]). Begel further teaches the threaded opening provides the advantages of high resistance to vibration and improving mechanical strength of the nut ([0016]). It would have therefore been obvious to a person having ordinary skill in the art before the effective filing date (“POSA”) to have the opening of BAW-10237’s crimp nut threaded, as taught by Begel, for the benefits thereof. Thus, modification of BAW-10237 in order to enhance vibration resistance and mechanical strength, as suggested by Begel, would have been obvious to a POSA.
Regarding claim 2, BAW-10237 in view of Begel teaches the core component assembly of claim 1. BAW-10237 discloses the crimp sleeve is crimpable around the bayonet (p. 3-6: “Each TPBAR rodlet has an upper end plug that is threaded into and through the baseplate, to which the crimp sleeve is secured”).
Regarding claim 5, BAW-10237 in view of Begel teaches the core component assembly of claim 1. BAW-10237 discloses the annular shoulder abuts the second side of the baseplate upon attachment of the connector to the baseplate (FIG. 3.2-4).
Regarding claim 6, BAW-10237 in view of Begel teaches the core component assembly of claim 1. The gripping area and annular shoulder of BAW-10237 would be capable of providing an interface for a gripper to hold the connector during rotation of the connector to prevent the connector from becoming a loose part in the reactor when the connector is detached from the baseplate (FIGS. 3.2-1, 3.2-4).
Regarding claim 7, BAW-10237 in view of Begel teaches the core component assembly of claim 1. BAW-10237 discloses bayonet is shaped such that a tool (“hex socket tool”) can provide sufficient force to overcome a crimp of the crimp sleeve to permit detachment of the connector from the baseplate (FIGS. 3.2-1, 3.2-4, p. 3-6: “The top portion of the upper end plug is a hex stud to facilitate torqueing and de-torqueing.... The hex stud length is sized for the crimp and torque tool.... A hex socket tool is used to de-torque the rodlet using the hex stud on the rodlet upper end plug as the mating feature. Sufficient torque is applied until the resistance of the crimp is exceeded. The rodlet is torqued until it is driven out of the baseplate and into the canister”).
Regarding claim 8, BAW-10237 in view of Begel teaches the core component assembly of claim 1. BAW-10237 discloses a rodlet (“TBPAR rodlet”, “pencils”), wherein the hole is to attach the connector to the rodlet (FIG. 3.2-1).
Regarding claim 9, BAW-10237 in view of Begel teaches the core component assembly of claim 8. BAW-10237 discloses the rodlet comprises a material (“lithium aluminate pellet”) to be irradiated (FIG. 3.2-1, p. 3-2: “The Production TPBAR design uses thin walled annular lithium aluminate (LiAlO2) pellets”).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over BAW-10237 in view of Begel, further in view of US Patent No. 5,513,227 (“Margotta”).
Regarding claim 3, BAW-10237 in view of Begel teaches the core component assembly of claim 1. BAW-10237 appears to be silent as to an anti-galling material of the connector. However, BAW-10237 discloses if the threaded engagement of the connector becomes galled, a backup method is required for removing the connector (p. 3-6: “If the threaded engagement of the rod to the baseplate becomes galled or is incapable of being removed by conventional methods, a backup method of rod removal is required”). Margotta (newly cited) is similarly directed towards threaded components of a nuclear reactor and teaches the threaded components comprise an anti-galling material (e.g., stainless, nitronic 60) in order to minimize the possibility of galling (10:21-24). It would have therefore been obvious to a POSA to include an anti-galling material in the modified BAW-10237’s connector (e.g., at least BAW-10237’s “threaded portion”) for the predictable purpose of minimizing galling, as suggested by Margotta, and, thereby, reducing the need to employ a backup method for rod removal, as disclosed by BAW-10237.
Regarding claim 4, BAW-10237 in view of Begel teaches the core component assembly of claim 1. BAW-10237 does not appear to disclose the connector comprises Nitronic 60. However, BAW-10237 discloses if the threaded engagement of the connector becomes galled, a backup method is required for removing the connector (p. 3-6: “If the threaded engagement of the rod to the baseplate becomes galled or is incapable of being removed by conventional methods, a backup method of rod removal is required”). Margotta is similarly directed towards threaded components of a nuclear reactor and teaches the threaded components comprise an nitronic 60 in order to minimize the possibility of galling (10:21-24). It would have therefore been obvious to a POSA to include nitronic 60 in the modified BAW-10237’s connector (e.g., at least BAW-10237’s “threaded portion”) for the predictable purpose of minimizing galling, as suggested by Margotta, and, thereby, reducing the need to employ a backup method for rod removal, as disclosed by BAW-10237.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over BAW-10237 in view of Begel, further in view of US Publication No. 2022/0415531 (“Heibel”).
Regarding claim 10, BAW-10237 in view of Begel teaches the core component assembly of claim 9. BAW-10237 does not appear to disclose the material comprises cobalt 59. However, it was known in the art to irradiate cobalt-59 in burnable absorber rodlets such as the modified BAW-10237’s (BAW-10237, Title). For example, Heibel (newly cited) (see FIGS. 1-3) is similarly directed towards a core component assembly (100) for insertion into a fuel assembly (118) of a nuclear reactor, the core component assembly comprising a burnable absorber rodlet (102) comprising a material to be irradiated (108) ([0016]-[0017]). Heibel teaches the material to be irradiated comprises cobalt-59 ([0001], [0013]). Heibel further teaches the cobalt-59 material provides the advantages of producing cobalt-60 which may be used in various industrial application such as sterilization of medical equipment ([0001], [0013]). It would have therefore been obvious to a POSA to include cobalt-59 in the modified BAW-10237’s rodlet for the benefits thereof. Thus, further modification of BAW-10237 in order to produce useful cobalt-60, as suggested by Heibel, would have been obvious to a POSA. It would have been well within the level of ordinary skill in the art to select a material for irradiation based on the desired resultant isotope.
Additional References
The following references would also appear to be relevant to Applicant’s invention and are therefore cited in the attached PTO-892:
US Publication No. 2019/0122776: discloses a core component assembly having a baseplate (14) and a connector comprising a bayonet (32) with four sides, an annular shoulder (30) disposed beneath the bayonet, a gripping area (34) disposed beneath the annular shoulder, but explicitly excludes the use of threaded connections (FIGS. 1-3, 6, Abstract, [0004], [0016])
US Publication No. 2008/0253496: discloses a core component assembly having a baseplate (44), a connector (78) comprising a bayonet, a threaded portion disposed beneath the bayonet, an annular shoulder (88) disposed beneath the threaded portion, and a gripping area (74) disposed beneath the annular shoulder, and a nut (68) comprising a threaded opening, wherein the threaded portion of the connector is threaded into the threaded opening of the nut (FIG. 11, [0041]; see also FIG. 10)
US Publication No. 2018/0286528: discloses a core component assembly for irradiating material in rodlets in a nuclear reactor (Abstract)
WO Publication No. 2021/076673: discloses a core component assembly for irradiating material in rodlets in a nuclear reactor (Abstract)
The Applied References
For Applicant’s benefit, portions of the applied reference(s) have been cited (as examples) to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection, it is noted that the prior art must be considered in its entirety by Applicant, including any disclosures that may teach away from the claims. See MPEP 2141.02(VI).
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Interview Information
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Contact Information
Examiner Jinney Kil can be reached at (571) 270-5217, on Monday-Thursday from 8:30AM-6:30PM ET. Supervisor Jack Keith (SPE) can be reached at (571) 272-6878.
/JINNEY KIL/Examiner, Art Unit 3646
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