DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant's election with traverse of Group I, claims 1 and 3 in the reply filed on 02 June 2026 is acknowledged. The traversal is on the ground(s) that the previously cited reference to Oh et al fails to disclose the downwardly convex hemispherical shape required by the former claim 2 now incorporated into claim 1 thus there is no shared technical feature between the two groups. This is not found persuasive because the apparatus of Cheng (CN 2581058 Y) reads upon all the structural features of the shared device except for the ultrasonic generators being present in a plurality (see Rejections under 35 U.S.C. 103 below, it would have been obvious for a person having ordinary skill in the art to substitute a plurality of ultrasonic generators in place of the single ultrasonic generator of Cheng), thus the device structure is not considered a special technical feature. The full restriction requirement is repeated below to reflect the change of reference(s), as necessitated by the amendment.
3. Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1 and 3, drawn to an ultrasound apparatus.
Group II, claim(s) 4, drawn to a method for decontaminating solid radioactive waste with ultrasonic waves.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I and II lack unity of invention because even though the inventions of these groups require the technical feature of an ultrasound apparatus with a plurality of ultrasonic generators attached to the hemispherical bottom of a cylindrical vessel, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Cheng (CN 2581058 Y) and Ye (CN 205085070 U), with references below made to provided English machine translations.
Cheng teaches an ultrasound apparatus (FIG. 1, high-power ultrasonic generator coupled to treatment tank, par 0010), the ultrasound apparatus comprising a container having a cylindrical shape (water tank 5 with a height of 100mm and a diameter of 30mm installed on concave spherical piezoelectric element, par 0016) with an open top (FIG. 1, test tube 6 runs through top of tank 5 to show that top is open) and an ultrasonic generator (FIG. 1, ultrasonic transducer 2 and spherical focusing piezoelectric ceramic sheet 3) attached to an outer surface of a lower portion of the container (on the bottom of one side, an ultrasonic transducer 2 and a concave spherical focusing piezoelectric ceramic plate 3 are fixed, par 0016), wherein the lower portion of the container has a downwardly-convex hemispherical shape (concave frustum shape of the bottom of the water tank 5 matches the shape of the concave spherical focusing piezoelectric ceramic plate 3, par 0016, FIG. 1), and the ultrasonic generators are attached to the hemispherical lower portion of the container such that ultrasonic waves generated from the ultrasonic generators are focused on one point in the container (concave spherical focusing piezoelectric ceramic sheet 3 generating high-power focused ultrasonic waves that are transmitted through the water in the water tank 5, producing a violent oscillation effect in tube 6, par 0016).
Cheng teaches a single ultrasonic generator that provides the ultrasonic energy via the entire hemispherical area by a spherical focusing piezoelectric sheet (pars 0010 and 0016), thus does not teach a plurality of ultrasonic generators attached apart from each other at predetermined intervals. Ye teaches ultrasonic transducer units that are regularly arranged on the hemispherical surface of an analogous device (par 0008) to ensure that the ultrasonic vibration cleaning is multidirectional for better cleaning effect (par 0024). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to replace the single ultrasonic transducer transmitted via a spherical piezoelectric contact of Cheng with a plurality of ultrasonic generators attached apart from each other at predetermined intervals as taught by Ye, because such a plurality of ultrasonic generators would predictably provide a reliable focused, multidirectional ultrasonic vibration for improved decontamination.
4. The requirement is still deemed proper and is therefore made FINAL.
5. Claim 4 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 02 June 2026.
Priority
6. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
7. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
8. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng (CN 2581058 Y, references to English Machine Translation) in view of Ye (CN 205085070 U, references to English Machine Translation).
Regarding claim 1, Cheng teaches an ultrasound apparatus (FIG. 1, high-power ultrasonic generator coupled to treatment tank, par 0010), the ultrasound apparatus comprising:
a container having a cylindrical shape (water tank 5 with a height of 100mm and a diameter of 30mm installed on concave spherical piezoelectric element, par 0016) with an open top (FIG. 1, test tube 6 runs through top of tank 5 to show that top is open); and
an ultrasonic generator (FIG. 1, ultrasonic transducer 2 and spherical focusing piezoelectric ceramic sheet 3) attached to an outer surface of a lower portion of the container (on the bottom of one side, an ultrasonic transducer 2 and a concave spherical focusing piezoelectric ceramic plate 3 are fixed, par 0016),
wherein the lower portion of the container has a downwardly-convex hemispherical shape (concave frustum shape of the bottom of the water tank 5 matches the shape of the concave spherical focusing piezoelectric ceramic plate 3, par 0016, FIG. 1), and
the ultrasonic generators are attached to the hemispherical lower portion of the container such that ultrasonic waves generated from the ultrasonic generators are focused on one point in the container (concave spherical focusing piezoelectric ceramic sheet 3 generating high-power focused ultrasonic waves that are transmitted through the water in the water tank 5, producing a violent oscillation effect in tube 6, par 0016).
Cheng teaches a single ultrasonic generator that provides the ultrasonic energy via the entire hemispherical area by a spherical focusing piezoelectric sheet (pars 0010 and 0016), thus does not teach a plurality of ultrasonic generators attached apart from each other at predetermined intervals.
Ye teaches an analogous ultrasonic cleaning apparatus (Abstract, FIG. 1) wherein ultrasonic transducer units are regularly arranged at predetermined intervals on the hemispherical surface at the bottom of the cleaning tank (par 0008), ensuring that the ultrasonic vibration cleaning is multidirectional and resulting in better cleaning effect (par 0024).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to replace the single ultrasonic transducer transmitted via a spherical piezoelectric contact of Cheng with a plurality of ultrasonic generators attached apart from each other at predetermined intervals as taught by Ye, because such a plurality of ultrasonic generators would predictably provide a reliable focused ultrasonic vibration and similarly ensure that a multidirectional ultrasonic energy reaches the object to be cleaned, the modification involving a simple substitution of one known element for another to obtain predictable results. See MPEP 2143(I)(B).
The limitations wherein in a state in which the container is filled with water, solid radioactive waste is put into the water, and the ultrasound apparatus decontaminates the solid radioactive waste by using ultrasonic waves generated from the plurality of ultrasonic generators, are recited as an intended use of the apparatus and accordingly do not carry patentable weight. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), see MPEP 2114(II). Likewise, the preamble recitation that the apparatus is for decontaminating solid radioactive waste recites a purpose or intended use without imparting a structural difference to the claim, so is not given patentable weight per MPEP 2111.02(II). Examiner notes that the prior art apparatus is used to emit high-power, focused ultrasound waves (Cheng pars 0010-0011) into a water tank (Cheng par 0016) in the same manner as the claimed invention, and as such the same apparatus would be capable of carrying out the intended use of decontaminating solid radioactive waste.
9. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng (CN 2581058 Y) and Ye (CN 205085070 U), and further in view of Fields (US 4705054 A).
Regarding claim 3, Cheng as modified by Ye teaches the ultrasound apparatus of claim 1, further comprising a coupling container (emulsifying tank 4 for containing glass tank 5, transducer unit 2/3, shelf 8, controls 9-12, etc., Cheng par 0016) coupled to the container to accommodate the plurality of ultrasonic generators (Cheng FIG. 1, ultrasonic transducer 2 and concave spherical piezoelectric 3 fixed within tank 4). Although Cheng teaches a support member on lower corners of the coupling container (Cheng FIG. 1, support 1), the combination does not teach wheels installed on a lower portion of the coupling container.
Fields teaches an analogous ultrasonic cleaning system (Title, col 1 lines 37-47, FIG. 2) wherein the housing can be mounted on wheels for easy movement from one location to another (col 2 lines 26-37).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to install on the lower portion of the coupling container of modified Cheng some wheels as taught by Fields, because wheels would predictably enable easy movement from one location to another in the same advantageous way and modification entails combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A).
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kim (KR 20210058494 A) teaches an analogous ultrasonic apparatus on a wheeled cart (pars 0009-0010 and 0014, FIG. 1) with a conically focused decontamination chamber having ultrasonic generator 115 thereon (pars 0033 and 0040, FIG. 1).
Kim et al (US 20120220809 A1) teaches an analogous decontamination apparatus for radioactive contaminated materials (Abstract, pars 0032-0033) wherein ultrasonic waves are applied by ultrasonic wave generator 102 to material within a similar cylindrical vessel having a hemispherical bottom (FIGS. 3-4).
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric Talbert whose telephone number is (703)756-5538. The examiner can normally be reached Mon-Fri 8:00-5:00 Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC TALBERT/Examiner, Art Unit 1758
/SEAN E CONLEY/Primary Examiner, Art Unit 1799
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