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 .
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clifford et al. (“Processes for the production of ultra pure metals from oxide and their cold rolling to ultra-thin foils for use as targets and as reference materials”, supplied with IDS filed 02/02/2026).
Regarding claim 1, Clifford teaches a metallothermic reduction system with a movable water-cooled copper collector (Fig. 1-2, 2.1. Metallothermic reduction: paragraph 1). Clifford teaches the reduction system comprises a vacuum pump and collects metal by heating metal in a crucible and collecting it upon a cooled copper collector above the crucible (i.e., sublimating/distilling the metal) (Fig. 1-2, 2.1. Metallothermic reduction: paragraph 1), therefore the metallothermic reduction system of Clifford comprises a sublimation/distillation apparatus. Clifford teaches a resistance heated crucible (i.e., a crucible comprising an open end and a heating device thermally coupled to the crucible) (Fig. 1, 2.1. Metallothermic reduction: paragraph 1), a water cooled copper collector (i.e., an actively cooled collection substrate) disposed above the open end of the crucible (Fig. 1, 2.1. Metallothermic reduction: paragraph 1). Clifford teaches a vacuum pump and vacuum seals (Fig. 1, 2.1. Metallothermic reduction: paragraph 1), thus the chamber of Fig. 1-2 comprises a vacuum chamber housing the crucible, the heating device, and the actively cooled collection substrate.
Regarding claim 2, Clifford teaches the actively cooled collection substrate may be moved to a collecting location 1 mm above the crucible (Fig. 2, 2.1. Metallothermic reduction: paragraph 1), therefore the actively cooled collection substrate is disposed directly above the open end of the crucible.
Regarding claim 3, Clifford teaches the actively cooled collection substrate may be moved to a collecting location 1 mm above the crucible (i.e., the actively cooled collection substrate is movable to selectively seal the actively cooled collection substrate onto the crucible) (Fig. 2, 2.1. Metallothermic reduction: paragraph 1).
Regarding claims 4-5, Clifford teaches wherein the crucible comprises a refractory metal crucible, wherein the refractory metal crucible comprises tantalum (Fig. 1, 2.1. Metallothermic reduction: paragraph 1).
Regarding claim 6, Clifford is silent to wherein the vacuum chamber is configured to generate a reduced pressure environment of 10 torr or less within the vacuum chamber such that when the reduced pressure environment is generated the crucible, the heating device, and the actively cooled collection substrate are housed within the reduced pressure environment.
Claim 6 discloses generating a reduced pressure environment of 10 torr or less within the vacuum chamber, such that when the reduced pressure environment is generated the refractory metal crucible ,the heating device, and the actively cooled collection substrate are housed within the reduced pressure environment, which results from a manner of operating the apparatus, rather than any structural feature of the apparatus itself. As claim 6 is directed to an apparatus, generating a reduced pressure environment of 10 torr or less within the vacuum chamber comprises an intended use, and an apparatus in the prior art need only be capable of performing the intended use to read upon the claim. See MPEP § 2114 (II). As Clifford teaches all of the structural limitations of the apparatus of claims 1 and 6, including a vacuum chamber and a vacuum pump, Clifford teaches all of the limitations of claim 6.
Regarding claims 7-8, Clifford teaches a resistance heated crucible heated by electrodes (Fig. 1, 2.1. Metallothermic reduction: paragraph 1). As the crucible forms part of the path through which the current between the electrodes passes which heats the crucible, thus the crucible is suspended or supported within the heating device and is in direct contact with the heating device as claimed.
Regarding claims 10-12, Clifford does not teach wherein an ytterbium composition is disposed on the actively cooled collection substrate. Claims 10-12 only further limit a composition that is disposed onto the actively cooled substrate during operation (i.e., the material worked upon), as opposed to any physical limitation of the claimed apparatus. Inclusion of the material or article worked upon by a structure does not impart patentability to the claims. See MPEP 2115. As Clifford teaches an apparatus comprising all of the claimed structural components, Clifford teaches an apparatus according to claims 10-12.
Regarding claims 13-14, Clifford does not teach wherein a lutetium composition is disposed within the crucible. Claims 13-14 only further limit a composition that is disposed within the crucible (i.e., the material worked upon), as opposed to any physical limitation of the claimed apparatus. Inclusion of the material or article worked upon by a structure does not impart patentability to the claims. As Clifford teaches an apparatus comprising all of the claimed structural components, Clifford teaches an apparatus according to claims 13-14.
Regarding claim 15, Clifford teaches a protrusion extending from the actively cooled collection substrate toward the crucible such that it extends into the crucible when the actively cooled collection substrate is sealed onto the crucible (Fig. 2), where as the protrusion is attached to the actively cooled collection substrate, the protrusion comprises a cool finger extending from the actively cooled collection substrate cool finger as claimed.
Regarding claim 16, Clifford teaches a metallothermic reduction system with a movable water-cooled copper collector (Fig. 1-2, 2.1. Metallothermic reduction: paragraph 1). Clifford teaches the reduction system comprises a vacuum pump and collects metal by heating metal in a crucible and collecting it upon a cooled copper collector above the crucible (i.e., sublimating/distilling the metal) (Fig. 1-2, 2.1. Metallothermic reduction: paragraph 1), therefore the metallothermic reduction system of Clifford comprises a sublimation/distillation apparatus. Clifford teaches a resistance heated tantalum crucible (i.e., a refractory metal crucible comprising an open end and a heating device thermally coupled to the refractory metal crucible) (Fig. 1, 2.1. Metallothermic reduction: paragraph 1), a water cooled copper collector (i.e., an actively cooled collection substrate) disposed above the open end of the crucible (Fig. 1, 2.1. Metallothermic reduction: paragraph 1). Clifford teaches a vacuum pump and vacuum seals (Fig. 1, 2.1. Metallothermic reduction: paragraph 1), thus the chamber of Fig. 1-2 comprises a vacuum chamber housing the crucible, the heating device, and the actively cooled collection substrate.
Clifford is silent to wherein the vacuum chamber is configured to generate a reduced pressure environment of 10 torr or less within the vacuum chamber such that when the reduced pressure environment is generated the crucible, the heating device, and the actively cooled collection substrate are housed within the reduced pressure environment.
Claim 16 discloses generating a reduced pressure environment of 10 torr or less within the vacuum chamber, such that when the reduced pressure environment is generated the refractory metal crucible ,the heating device, and the actively cooled collection substrate are housed within the reduced pressure environment, which results from a manner of operating the apparatus, rather than any structural feature of the apparatus itself. As claim 16 is directed to an apparatus, generating a reduced pressure environment of 10 torr or less within the vacuum chamber comprises an intended use, and an apparatus in the prior art need only be capable of performing the intended use to read upon the claim. See MPEP § 2114 (II). As Clifford teaches all of the structural limitations of the apparatus of claims 1 and 16, including a vacuum chamber and a vacuum pump, Clifford teaches all of the limitations of claim 16.
Regarding claim 17, Clifford does not teach wherein an ytterbium composition is disposed on the actively cooled collection substrate, a lutetium composition comprising Lu-177 is disposed within the refractory metal crucible, and the ytterbium composition faces the open end of the refractory metal crucible. Claim 17 only further limits compositions that are disposed onto the actively cooled substrate and refractory metal crucible during operation (i.e., the materials worked upon), as opposed to any physical limitations of the claimed apparatus. Inclusion of the materials or articles worked upon by a structure does not impart patentability to the claims. As Clifford teaches an apparatus comprising all of the claimed structural components, Clifford teaches an apparatus according to claim 17.
Regarding claim 18, Clifford teaches a resistance heated crucible heated by electrodes (Fig. 1, 2.1. Metallothermic reduction: paragraph 1). As the crucible forms part of the path through which the current between the electrodes passes which heats the crucible, thus the crucible is suspended or supported within the heating device as claimed.
Regarding claim 19, Clifford teaches a metallothermic reduction system with a movable water-cooled copper collector (Fig. 1-2, 2.1. Metallothermic reduction: paragraph 1). Clifford teaches the reduction system comprises a vacuum pump and collects metal by heating metal in a crucible and collecting it upon a cooled copper collector above the crucible (i.e., sublimating/distilling the metal) (Fig. 1-2, 2.1. Metallothermic reduction: paragraph 1), therefore the metallothermic reduction system of Clifford comprises a sublimation/distillation apparatus. Clifford teaches a resistance heated crucible (i.e., a crucible comprising an open end and a heating device thermally coupled to the refractory metal crucible) (Fig. 1, 2.1. Metallothermic reduction: paragraph 1), a water cooled copper collector (i.e., an actively cooled collection substrate) disposed above the open end of the crucible (Fig. 1, 2.1. Metallothermic reduction: paragraph 1). Clifford teaches a vacuum pump and vacuum seals (Fig. 1, 2.1. Metallothermic reduction: paragraph 1), thus the chamber of Fig. 1-2 comprises a vacuum chamber housing the crucible, the heating device, and the actively cooled collection substrate.
Clifford does not teach wherein an ytterbium composition is disposed on the actively cooled collection substrate, a lutetium composition comprising Lu-177 is disposed within the refractory metal crucible, and the ytterbium composition faces the open end of the refractory metal crucible. These limitations only further limit compositions that are disposed onto the actively cooled substrate and refractory metal crucible during operation (i.e., the materials worked upon), as opposed to any physical limitations of the claimed apparatus. Inclusion of the materials or articles worked upon by a structure does not impart patentability to the claims. As Clifford teaches an apparatus comprising all of the claimed structural components, Clifford teaches an apparatus according to claim 19.
Regarding claim 20, Clifford teaches the actively cooled collection substrate may be moved to a collecting location 1 mm above the crucible (Fig. 2, 2.1. Metallothermic reduction: paragraph 1), therefore the actively cooled collection substrate is disposed directly above the open end of the crucible.
Regarding claim 1 in the alternative, Clifford teaches a vacuum distillation still (i.e., a sublimation/distillation apparatus) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), a crucible comprising an open end (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), induction coils which heat the crucible (i.e., a heating device thermally coupled to the crucible) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), and a water cooled tantalum collector disposed above the open end of the crucible (i.e., an actively cooled collection substrate) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2). Clifford teaches the device to be a vacuum distillation still with a vacuum pump, where the crucible, heating device, and actively cooled collection substrate are within a quartz tube in communication with the vacuum pump (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), thus the quartz tube comprises a vacuum chamber housing the crucible, the heating device, and the actively cooled collection substrate.
Regarding claim 2 in the alternative, Clifford teaches wherein the actively cooled collection substrate is disposed directly above the open end of the crucible (Fig. 3).
Regarding claims 4-5 in the alternative, Clifford teaches wherein the crucible comprises a refractory metal crucible wherein the refractory metal crucible comprises tantalum (Fig. 3, 2.1. Metallothermic reduction: paragraph 2).
Regarding claim 6 in the alternative, Clifford is silent to wherein the vacuum chamber is configured to generate a reduced pressure environment of 10 torr or less within the vacuum chamber such that when the reduced pressure environment is generated the crucible, the heating device, and the actively cooled collection substrate are housed within the reduced pressure environment.
Claim 6 discloses generating a reduced pressure environment of 10 torr or less within the vacuum chamber, such that when the reduced pressure environment is generated the refractory metal crucible ,the heating device, and the actively cooled collection substrate are housed within the reduced pressure environment, which results from a manner of operating the apparatus, rather than any structural feature of the apparatus itself. As claim 6 is directed to an apparatus, generating a reduced pressure environment of 10 torr or less within the vacuum chamber comprises an intended use, and an apparatus in the prior art need only be capable of performing the intended use to read upon the claim. As Clifford teaches all of the structural limitations of the apparatus of claims 1 and 6, including a vacuum chamber and a vacuum pump, Clifford teaches all of the limitations of claim 6.
Regarding claim 7 in the alternative, Clifford teaches wherein the crucible is suspended within the induction coil (i.e. the heating device) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2).
Regarding claim 9, Clifford teaches wherein the heating device comprises an induction coil (i.e., a heating coil) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2).
Regarding claims 10-12 in the alternative, Clifford does not teach wherein an ytterbium composition is disposed on the actively cooled collection substrate. Claims 10-12 only further limit a composition that is disposed onto the actively cooled substrate during operation (i.e., the material worked upon), as opposed to any physical limitation of the claimed apparatus. Inclusion of the material or article worked upon by a structure does not impart patentability to the claims. See MPEP 2115. As Clifford teaches an apparatus comprising all of the claimed structural components, Clifford teaches an apparatus according to claims 10-12.
Regarding claims 13-14 in the alternative, Clifford does not teach wherein a lutetium composition is disposed within the crucible. Claims 13-14 only further limit a composition that is disposed within the crucible (i.e., the material worked upon), as opposed to any physical limitation of the claimed apparatus. Inclusion of the material or article worked upon by a structure does not impart patentability to the claims. As Clifford teaches an apparatus comprising all of the claimed structural components, Clifford teaches an apparatus according to claims 13-14.
Regarding claim 16 in the alternative, Clifford teaches a vacuum distillation still (i.e., a sublimation/distillation apparatus) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), a refractory metal crucible comprising an open end (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), induction coils which heat the refractory metal crucible (i.e., a heating device thermally coupled to the crucible) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), and a water cooled tantalum collector disposed above the open end of the crucible (i.e., an actively cooled collection substrate) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2). Clifford teaches the device to be a vacuum distillation still with a vacuum pump, where the crucible, heating device, and actively cooled collection substrate are within a quartz tube in communication with the vacuum pump (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), thus the quartz tube comprises a vacuum chamber housing the crucible, the heating device, and the actively cooled collection substrate.
Claim 16 discloses generating a reduced pressure environment of 10 torr or less within the vacuum chamber, such that when the reduced pressure environment is generated the refractory metal crucible ,the heating device, and the actively cooled collection substrate are housed within the reduced pressure environment, which results from a manner of operating the apparatus, rather than any structural feature of the apparatus itself. As claim 16 is directed to an apparatus, generating a reduced pressure environment of 10 torr or less within the vacuum chamber comprises an intended use, and an apparatus in the prior art need only be capable of performing the intended use to read upon the claim. As Clifford teaches all of the structural limitations of the apparatus of claims 1 and 16, including a vacuum chamber and a vacuum pump, Clifford teaches all of the limitations of claim 16.
Regarding claim 17 in the alternative, Clifford does not teach wherein an ytterbium composition is disposed on the actively cooled collection substrate, a lutetium composition comprising Lu-177 is disposed within the refractory metal crucible, and the ytterbium composition faces the open end of the refractory metal crucible. Claim 17 only further limits compositions that are disposed onto the actively cooled substrate and refractory metal crucible during operation (i.e., the materials worked upon), as opposed to any physical limitations of the claimed apparatus. Inclusion of the materials or articles worked upon by a structure does not impart patentability to the claims. As Clifford teaches an apparatus comprising all of the claimed structural components, Clifford teaches an apparatus according to claim 17.
Regarding claim 18 in the alternative, Clifford teaches wherein the crucible is suspended within the induction coil (i.e. the heating device) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2).
Regarding claim 19 in the alternative, Clifford teaches a vacuum distillation still (i.e., a sublimation/distillation apparatus) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), a crucible comprising an open end (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), induction coils which heat the crucible (i.e., a heating device thermally coupled to the crucible) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), and a water cooled tantalum collector disposed above the open end of the crucible (i.e., an actively cooled collection substrate) (Fig. 3, 2.1. Metallothermic reduction: paragraph 2). Clifford teaches the device to be a vacuum distillation still with a vacuum pump, where the crucible, heating device, and actively cooled collection substrate are within a quartz tube in communication with the vacuum pump (Fig. 3, 2.1. Metallothermic reduction: paragraph 2), thus the quartz tube comprises a vacuum chamber housing the crucible, the heating device, and the actively cooled collection substrate.
Clifford does not teach wherein an ytterbium composition is disposed on the actively cooled collection substrate, a lutetium composition comprising Lu-177 is disposed within the refractory metal crucible, and the ytterbium composition faces the open end of the refractory metal crucible. These limitations only further limit compositions that are disposed onto the actively cooled substrate and refractory metal crucible during operation (i.e., the materials worked upon), as opposed to any physical limitations of the claimed apparatus. Inclusion of the materials or articles worked upon by a structure does not impart patentability to the claims. As Clifford teaches an apparatus comprising all of the claimed structural components, Clifford teaches an apparatus according to claim 19.
Regarding claim 20 in the alternative, Clifford teaches wherein the actively cooled collection substrate is disposed directly above the open end of the crucible (Fig. 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nikolas T Pullen whose telephone number is (571)272-1995. The examiner can normally be reached Monday - Thursday: 10:00 AM - 6:00 PM EST.
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/NIKOLAS TAKUYA PULLEN/Examiner, Art Unit 1733
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