DETAILED ACTION
Notice of Pre-AIA or AIA Status
This application is examined under the first inventor to file provisions of the AIA .
Claims 1-11 are pending.
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.
Claims 1-11 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 an inventor regards as the invention.
Claim 1
It is unclear what constitutes each of: a “high-voltage connector assembly”; a “high-voltage power supply”; and a “high-voltage connector”. The dividing boundary between “high-voltage” and non high-voltage is unknown. Rather, the term “high-voltage” is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
It is unclear what constitutes a “low-pressure cavity”. The dividing boundary between “low-pressure” and non low-pressure is unknown. Rather, the term “low-pressure” is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 2
It is unclear what constitutes a “loose flange”. The dividing boundary between a “loose flange” and a non-loose flange is unknown. Rather, the term “loose flange” is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
It is unclear what constitutes a “molecular pump”. It would appear that any pumped material/fluid would contain molecules.
Claim 4
Claim 4 appears to be identical to claim 3. Thus, claim 4 is redundant.
Claim 6
The phrase “the pipe” lacks proper antecedent basis. Claim 6 depends on claim 4. However, a “pipe” is first mentioned in claim 5.
Claim 8
It is unclear whether the grid anode or the disc has a “radius of 45.5 mm”.
Claim 9
It is unclear whether the grid cathode or the disc has a “radius of 11.5 mm”.
Claim 10
Claim 10 appears to be identical to claim 9. Thus, claim 10 is redundant.
Claim 11
It is unclear what constitutes a “high-voltage cable” and a “negative high voltage”. The dividing boundary between “high-voltage” and non high-voltage is unknown. Rather, the term “high-voltage” is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Review
The claims do not allow the public to be sufficiently informed of what would constitute infringement. Any claim not specifically addressed is rejected based upon its dependency.
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.
Claims 1-11, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Wallace-Smith (US 2024/0290507) in combination with Yao (CN 105407621 A) and Miley (WO 1995/030235 A2).
Claim 1
Wallace-Smith discloses a coaxial cylindrical neutron generator based on inertial electrostatic confinement fusion. Wallace-Smith discloses a housing (1) (equivalent to a pressure cavity), an anode structure (34), and a cathode structure (17) (e.g., [0011-0119] and Figures 1-6). The anode structure and the cathode structure are mounted within the housing. The anode structure and the cathode structure are positioned substantially coaxial with the housing. The anode structure (e.g., Figure 2) may be formed by a plurality of anode wall members (6) and reinforcing ridges (3). That is, the anode structure is considered as being formed of a plurality of anode cells and comprising one or more holes and/or windows. The pores or windows of the grid cathode grid, in combination with the anode wall, serves to define planes of equal electrostatic potential. The precursor fusion fuel gas can consist of a fusible isotope at a low pressure suitable to induce a glow discharge. The walls of the housing are connected at one end to a voltage blocking member (15). As a result, the housing is connected at one end to a voltage joint assembly, and the housing is provided with a pressure cavity in which the grid anode and the grid cathode are mounted.
Wallace-Smith appears to be silent whether: the cavity contains deuterium; the cathode is electrically connected to a voltage power supply through a voltage connection, and an observation window is arranged at the other end of the housing.
Yao discloses a compact D-D neutron generator (e.g., [0002-0004, 0026-0029] and FIG. 1-4). D-D and D-T fusion reactions are characterized by a larger reaction cross-section at lower D beam energies. Thus, the D ion beam can be accelerated with a low energy accelerator, and the D-D or D-T fusion reaction is produced by bombarding a deuterated titanium (TiD) target or a tritiated titanium (TiT) target.
Thus, modification of Wallace-Smith to have included deuterium gas in the cavity, and employing the deuterium gas so that D-D fusion takes place inside the cavity, as suggested by Yao, would have been obvious to one of ordinary skill in the art, especially in view of the well-known beneficial economics of achieving fusion to produce neutrons.
Yao also shows that it is conventional in the art to generate plasma by having the anode connected to ground and the cathode electrically connected to a voltage power supply through a voltage connection. Thus, modification of Wallace-Smith to have included these conventional features in generating the plasma, as suggested by Yao, would have been obvious to one of ordinary skill in the art.
Miley shows that it is well known in the art to employ an observation window (22) in order to monitor a inertial electrostatic confinement fusion process for neutron generation. Thus, modification of Wallace-Smith to have included an observation window at the other end of the housing in order to monitor the fusion process, as suggested by Miley, would have been obvious to one of ordinary skill in the art.
The result of the modifications would have been predictable to the skilled artisan.
Claim 2
Yao shows ([0002-0004, 0026-0029] and Figures 1-4) that it is well known in the art to employ a pump (11) for evacuation of air to ensure that a vacuum level in the vacuum chamber (14) reaches a higher vacuum (e.g., 1 x 10-4 Pa). The housing is provided with a pump interface connected to the pump via a flange (e.g., 10) for drawing air from a lower pressure chamber, as is conventional in the art. Thus, modification of Wallace-Smith to have included a pump for pumping air in the low-pressure cavity, as suggested by Yao, would have been obvious to one of ordinary skill in the art.
Claims 3-4
Given the vacuum requirements for generating and fusing the D-D plasma in Wallace-Smith, a vacuum gauge interface is needed on the housing. Thus, modification of Wallace-Smith to have included a gauge interface for connecting a gauge via a flange for measuring the vacuum in the pressure cavity would have been obvious to one of ordinary skill in the art.
Claim 5
As deuterium gas is constantly consumed during production of neutrons in Wallace-Smith, it needs to be replenished. Thus, to maintain stable progress of the nuclear reaction process, a gas inlet is needed for the housing. Thus, modification of Wallace-Smith to have included a gas inlet provided with a conduit communicating with a source of deuterium gas would have been obvious to one of ordinary skill in the art.
Claim 6
Yao discloses ([0002-0004, 0026-0029] and Figures 1-4) using a conduit in which a source of deuterium gas is provided. The deuterium source may be a deuterium gas cylinder, and precise control of the intake air volume is achieved by means of a pressure relief valve and a gas mass flow controller (equivalent to a flow valve) [0026]. The technical implication of controlling the intake air volume with a flow valve is suggested. The provision of a flow valve electrically connected to a flow controller, for precise control of intake air volume, is within the skill level of one skilled in the art. Thus, modification of Wallace-Smith to have included a flow valve linked to a flow controller, for accurately controlling the source of deuterium gas amount, would have been obvious to one of ordinary skill in the art.
Claim 7
The skilled artisan would realize that a housing can be implemented with various geometries and dimensions, necessarily amounting to certain design characteristics obviously more favorable to use of a certain geometries and dimensions in light of the specific neutron generator design, taking into consideration application needs and economics. Thus, it would have been obvious to one of ordinary skill in the art to have modified Wallace-Smith to have employed a housing with a 600 mm length, a 110 mm outer wall diameter, and a 3 mm wall thickness to meet a particular neutron generator design. The result of the modification would have been predictable to the skilled artisan.
Claim 8
Wallace-Smith discloses (e.g., [0011-0119] and Figures 1-6) that the combined functional fluid/gas conduit and the anode wall can be made of stainless steel or materials with similar properties. To enable manufacturability and functionality, the cathode structure may comprise a plurality of prismatic end to prismatic end stacked cathodes, suggesting technical implications for employing discrete stainless steel pillars as electrodes. On this basis, the use of a stainless steel columns as a grid anode, its installation and dimensions, is then a rational design according to practical manufacture circumstances, and obvious to one of ordinary skill in the art.
Furthermore, the skilled artisan would realize that the grid anode and columns of Wallace-Smith can be employed with various geometries and dimensions, necessarily amounting to certain design characteristics obviously more favorable to use of a certain geometries and dimensions in light of the specific neutron generator design, taking into consideration application needs and economics. Thus, it would have been obvious to one of ordinary skill in the art to have modified Wallace-Smith to have employed dimensions of 45.5 mm, 300 mm, and 3 mm to meet a particular generator design.
Claims 9-10
Wallace-Smith discloses (e.g., [0011-0119] and Figures 1-6) that the cathode structure/assembly (36) may have an open face on its circumference and be surrounded by the anode and vessel wall structure. The cathode structure may comprise a plurality of cathodes stacked prismatic end to prismatic end. A prismatic end of an electrode refers to a flat surface at an end of an electrode when the electrode is formed in a prismatic shape such as a cylinder. Thus, this is equivalent to the cathode being cylindrical. Providing the cylindrical material as a stainless steel column is within the skill of the artisan, and obvious to one of ordinary skill in the art.
Furthermore, the skilled artisan would realize that the grid cathode and columns of Wallace-Smith can be employed with various geometries and dimensions, necessarily amounting to certain design characteristics obviously more favorable to use of a certain geometries and dimensions in light of the specific neutron generator design, taking into consideration application needs and economics. It would have been obvious to one of ordinary skill in the art to have modified Wallace-Smith to have employed dimensions of 11.5 mm, 200 mm, and 3 mm to meet a particular generator design.
Claim 11
Yao discloses ([0002-0004, 0026-0029] and figures 1-4) that it is well known in the art to have both ends of a tubular ceramic voltage insulating member (5) (equivalent to a ceramic insulating ring) be provided with flanges (23). Each flange (23) is mounted fixedly between a first flange (20) and a second flange, with a ram flange (21) and screws. The ram flange is a flange made up of at least two semi-circular flange bodies. Vacuum sealing is achieved with an "O" type sealing ring between the two end flanges (23) of the voltage insulating member (5) and a socket flange. Inside the inner cavity (9) of the insulating member (5) is located a voltage cable (7). The outer edge of the voltage cable is a helical cooling fluid pipe (6) (corresponding to a cooling pipe wrapped around it), in layers. The input and output thereof are connected to coolant inlet/outlet pipes (8), respectively. Between the inner cavity wall of the insulating member (5) and the outer edge of the voltage cable (7) and the gap of the cooling pipe is an insulating medium. As described with regard to Figures 1-4, a tubular ceramic insulating ring (5) is wrapped around a cooling pipe, flanges are mounted outside the ceramic insulating ring, and a cooling pipe is around the voltage cable. Furthermore, employing a voltage cable to feed negative voltage to a grid cathode, and using a flange made of stainless steel is conventional in the art. Thus, modification of Wallace-Smith to have included these features, for the benefits suggested by Yao, would have been obvious to one of ordinary skill in the art.
Objection to the Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims or the feature(s) must be canceled from the claim(s). No new matter should be entered.
The following recited features are not shown:
pump (claim 2).
flange (claim 2).
pump interface connected to a pump through a flange (claim 2).
vacuum gauge (claims 3-4).
flange (claims 3-4).
vacuum gauge interface connected to a vacuum gauge through a flange (claims 3-4).
a pipe communicating with a deuterium gas source (claim 5).
flow valve (claim 6).
flow valve arranged on a pipe (claim 6).
flow controller (claim 6).
disc (claim 8).
columns (claim 8).
disc (claims 9-10).
columns (claims 9-10).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Objection to the Abstract
The Abstract is objected to because it includes unclear wording (e.g., “high-voltage”, “low-pressure”), as discussed above.
The phrase “falling within the technical field of neutron generators” is redundant with prior wording, and is thus unclear and unnecessary.
The third sentence is objected to because it is an unclear long rambling sentence. It is unclear where one feature ends and another feature begins. It is suggested that this long rambling sentence be broken into several shorter clear sentences.
The last sentence is objected to because it improperly refers to purported merits or speculative applications of the invention.
An Abstract should include that which is new in the art to which the recited invention pertains. Correction is required. See MPEP § 608.01(b).
Additional Comment
The examination occurring in corresponding China application 202310371386.6 has been noted. The China application was published as application CN116582994A.
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).
Application Status Information
Applicants seeking status information regarding an application should check Patent Center on the Office website at www.uspto.gov/PatentCenter. Alternatively, the requester may contact the Application Assistance Unit (AAU). See MPEP § 1730, subsection VI.C. See MPEP § 102 for additional information on status information.
Interview Information
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.
Contact Information
Examiner Daniel Wasil can be reached at (571) 272-4654, on Monday-Thursday from 10:00-4:00 EST. Supervisor Jack Keith (SPE) can be reached at (571) 272-6878.
/DANIEL WASIL/
Examiner, Art Unit 3646
Reg. No. 45,303
/JACK W KEITH/Supervisory Patent Examiner, Art Unit 3646
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