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 .
Response to Amendment
2. Applicant’s amendments, filed 12 June 2026, with respect to the claims have been entered.
Response to Arguments
3. Applicant’s arguments, filed 12 June 2026, with respect to the rejection of claims 1, 2, 5, 7, 8, 11, 13, and 18-20 under 35 U.S.C. 102 have been fully considered but they are not fully persuasive for the reasons set forth below.
4. Applicant argues, on pg. 10-11, that NAC does not anticipate that while maintaining at least a prescribed level of liquified radiation shielding material in the expansion tank . It is noted that for a siphon tube to pull fluid back into the primary tank, the lower opening of the siphon tube inside the expansion needs to remain submerged in fluid. If the fluid level drops below the siphon tube’s opening, the tube will suck air instead of fluid. NAC’s expansion tank needs to maintain a minimum base amount of fluid to keep the siphon tube submerged and functional.
5. While applicant’s arguments regarding claims 1, 2, 5, 7, 8, 11, 13, and 18-20 are not fully persuasive, the previous rejections of claims 1-20 under 35 U.S.C. 103 and 35 U.S.C. 102 are withdrawn since the claim scope has changed. Applicant’s amendments to the claims have necessitated new grounds of rejection as set forth below.
Claim Rejections - 35 USC § 102
5. 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.
6. Claims 18-20 are rejected under 35 U.S.C 102(a)(1) as being anticipated NAC International. (2007). NAC-LWT, Legal Weight Truck Cask System, Safety Analysis Report (Revision 38) [hereinafter referred to as NAC].
7. Regarding claim 18:
NAC discloses a method for storing hazardous nuclear material (1.1-1 teaches the cask has a safe means of transporting radioactive materials) and for cooling liquified radiation shielding material (1.2-1 teaches that the cask is passively cooled) used for absorbing nuclear radiation (1.2-2 teaches that the liquid of the cask reduces the radiation), the method comprising:
(a) storing hazardous nuclear material in a container (1.1-1 teaches that the cask assembly is composed of a package that provides a containment vessel that prevents the release of radioactive material);
(b) capturing the nuclear radiation with liquified radiation shielding material in a primary tank surrounding the container (1.1-1 teaches that neutron shielding is provided around the radioactive material by a neutron shield tank containing a water/ethylene glycol mixture);
(c) transferring a part of the liquified radiation shielding material from the primary tank into an expansion tank when a temperature of the liquified radiation shielding material in the primary tank increases (1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid. 1.2-2 teaches that the expansion tank is connected to the shield tank by a siphon tube. The tube would allow for the liquid to flow from the expansion tank into the primary tank);
(d) allowing the liquified radiation shielding material to cool in the expansion tank (1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid. Such thermal expansion and contraction also would allow the liquid to reject heat to the ambient environment while residing in the expansion tank, thus allowing it to cool. 1.2-1 teaches that the cask is passively cooled); and
(e) as the liquified radiation shielding material is cooled, permitting the cooled liquified radiation shielding material to flow from the expansion tank into the primary tank (1.2-2 teaches that the expansion tank is connected to the shield tank by a siphon tube. The tube would allow for the liquid to flow from the expansion tank into the primary tank) while maintaining at least a prescribed level of liquified radiation shielding material in the expansion tank (for a siphon tube to pull fluid back into the primary tank, the lower opening of the siphon tube inside the expansion needs to remain submerged in fluid. If the fluid level drops below the siphon tube’s opening, the tube will suck air instead of fluid. NAC expansion tank needs to maintain a minimum base amount of fluid to keep the siphon tube submerged and functional).
8. Regarding claim 19:
NAC discloses the method of claim 18. NAC further discloses a cask (1.1-1 teaches the cask has a safe means of transporting radioactive materials) that contains the container (1.1-1 teaches that the cask assembly is composed of a package that provides a containment vessel that prevents the release of radioactive material) and wherein: the primary tank surrounds the cask containing the container (Fig 2.6.7-23, 1.1-1 teaches that neutron shielding is provided around the containment vessel by a neutron shield tank containing a water/ethylene glycol mixture); the expansion tank surrounds the primary tank (2.6.7-81 fig. 2.6.7-22 teaches that the expansion tank situated annularly around the cylindrical body of the shield tank); and the expansion tank is in fluid communication with the primary tank by way of a siphon tube (1.2-2 teaches that the expansion tank is connected to the shield tank by a siphon tube. The tube would allow for the liquid to flow from the expansion tank into the primary tank) in order to perform the steps (c), (d), and (e) (The tube would allow for the liquid to flow from the expansion tank into the primary tank. Such thermal expansion and contraction also would allow the liquid to reject heat to the ambient environment while residing in the expansion tank, thus allowing it to cool. 1.2-1 teaches that the cask is passively cooled).
9. Regarding claim 20:
NAC discloses the method of claim 19. NAC further discloses that wherein the expansion tank comprises a gaseous fluid pocket over the liquified radiation shielding material, the fluid pocket enabling controlled expansion and contraction of the liquified radiation shielding material in both the primary and expansion tanks (1.1-1 teaches that the neutron shield tank system includes an expansion tank. 1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid. When the expansion is not completed filled with liquid, the expansion tank has empty space corresponding to a gaseous fluid pocket).
Claim Rejections - 35 USC § 103
10. 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.
11. 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.
12. Claims 1-2, 5, 7-8, 11, 13 are rejected under 35 U.S.C 103 as being unpatentable over by NAC in view of Shi (CN 103350833 A).
13. Regarding claim 1:
NAC discloses a cask for storing hazardous nuclear material (1.1-1 teaches the cask has a safe means of transporting radioactive materials) and for cooling liquified radiation shielding material (1.2-1 teaches that the cask is passively cooled) used for absorbing nuclear radiation from the hazardous nuclear material (1.2-2 teaches that the liquid of the cask reduces the radiation), the cask comprising:
a container that contains the hazardous nuclear material (1.1-1 teaches that the cask assembly is composed of a package that provides a containment vessel that prevents the release of radioactive material); a primary tank situated in close proximity to the container, the primary tank containing liquified radiation shielding material that captures radiation that is emitted from the container (1.1-1 teaches that neutron shielding is provided by a neutron shield tank containing a water/ethylene glycol mixture); and an expansion tank containing liquified radiation shielding material (1.1-1 teaches that the neutron shield tank system includes an expansion tank. 1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid), the expansion tank in fluid communication with the primary tank (1.2-2 teaches that the expansion tank is connected to the shield tank by a siphon tube) to
(a) permit a part of the liquified radiation shielding material to flow from the primary tank into the expansion tank when a temperature of the material in the primary tank increases (1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid), (b) allow the liquified radiation shielding material to cool in the expansion tank (1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid. Such thermal expansion and contraction also would allow the liquid to reject heat to the ambient environment while residing in the expansion tank, thus allowing it to cool. 1.2-1 teaches that the cask is passively cooled), and (c) as the liquified radiation shielding material is cooled, permit the cooled liquified radiation shielding material to flow from the expansion tank into the primary tank (1.2-2 teaches that the expansion tank is connected to the shield tank by a siphon tube. The tube would allow for the liquid to flow from the expansion tank into the primary tank) while maintaining at least a prescribed level of liquified radiation shielding material in the expansion tank (for a siphon tube to pull fluid back into the primary tank, the lower opening of the siphon tube inside the expansion needs to remain submerged in fluid. If the fluid level drops below the siphon tube’s opening, the tube will suck air instead of fluid. The NAC expansion tank is capable of maintaining a minimum base amount of fluid to keep the siphon tube submerged and functional).
NAC fails to teach that wherein the expansion tank includes a fill port on a side of a bottom half of the expansion tank at the prescribed level and a drain port on a bottom of the bottom half of the expansion tank.
However, Shi teaches that wherein the expansion tank includes a fill port on a side of a bottom half of the expansion tank at the prescribed level and a drain port on a bottom of the bottom half of the expansion tank (pg. 2 fig. 1 teaches a side manhole 10 on the lower part of the expansion tank and a sewage outlet 12 on the bottom of the body 100).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi to include that wherein the expansion tank includes a fill port on a side of a bottom half of the expansion tank at the prescribed level and a drain port on a bottom of the bottom half of the expansion tank. One of ordinary skill in the art would be motivated to make such modification to allow for more accurate liquid level measurement and more convenient maintenance and repair (Shi pg. 1, summary of invention).
14. Regarding claim 2:
The modified invention above teaches the cask of claim 1. NAC further discloses that wherein: the cask has an elongated cylindrical body extending between a top end and a bottom end, the body containing the container with hazardous radioactive material (1.2-2 teaches that the inner shell, end forgings, and the closure lid establish a cask cavity that is 177.9 inches long and 13.375 inches in diameter. 1.2-3 teaches that the cask body is between top and bottom end impact limiters and both overlap the ends of the cask body);
the primary tank has an elongated cylindrical body extending between a top end and a bottom end (1.2-2 teaches that the neutron shielding is provided by a jacket that surrounds the stainless steel out shell and is designed to axially blanket the active fuel length. Since the neutron shield tank surrounds the cask body, the neutron shield tank is also has a body extending between a top end and a bottom end),
the primary tank body having liquified radiation shielding material therein (1.2-2 teaches that the neutron shielding is provided by an ethylene glycol/water jacket), the primary tank situated annularly around the cylindrical body of the cask body (1.2-2 teaches that the neutron shielding is provided by a jacket that surrounds the stainless steel out shell and is designed to axially blanket the active fuel length);
the expansion tank has an elongated cylindrical body extending between a top end and a bottom end (2.6.7-81 fig. 2.6.7-22 teaches that the expansion tank has an elongated cylindrical body extending between a top end and a bottom end), the expansion tank body having liquified radiation shielding material therein (1.2-2 teaches an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid and is connected to the shield tank by a siphon tube),
the expansion tank situated annularly around the cylindrical body of the primary tank (2.6.7-81 fig. 2.6.7-22 teaches that the expansion tank situated annularly around the cylindrical body of the shield tank); and further comprising:
a siphon tube in fluid communication with the primary and expansion tanks, the siphon tube enabling communication of liquified radiation shielding material between the primary and expansion tanks (1.2-2 teaches that the expansion tank is connected to the shield tank by a siphon tube. The tube would allow for the liquid to flow between the expansion tank and primary tank) based upon a temperature change within the liquified radiation shielding material in the primary tank (1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid).
15. Regarding claim 5:
The modified invention above teaches the cask of claim 2. NAC further discloses that wherein the expansion tank extends along a substantially small part of a length associated with the primary tank body (2.6.7-82 fig. 2.6.7-23, 2.6.7-69 fig. 2.6.7-10, teach that the expansion tank is shorter than the shield tank).
16. Regarding claim 7:
The modified invention above teaches the cask of claim 2. NAC further discloses that wherein the expansion tank comprises a gaseous fluid pocket over the liquified radiation shielding material, the fluid pocket enables controlled expansion and contraction of the liquified radiation shielding material in both the primary and expansion tanks (1.1-1 teaches that the neutron shield tank system includes an expansion tank. 1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid. When the expansion tank is not completed filled with liquid, the expansion tank has empty space corresponding to a gaseous fluid pocket).
17. Regarding claim 8:
NAC discloses a cask for storing hazardous nuclear material (1.1-1 teaches the cask has a safe means of transporting radioactive materials) and for cooling liquified radiation shielding material (1.2-1 teaches that the cask is passively cooled) used for absorbing nuclear radiation from the hazardous nuclear material (1.2-2 teaches that the liquid of the cask reduces the radiation), the cask comprising:
an elongated cylindrical body extending between a top end and a bottom end, the body having a container with hazardous radioactive material (1.2-2 teaches that the inner shell, end forgings, and the closure lid establish a cask cavity that is 177.9 inches long and 13.375 inches in diameter. 1.2-3 teaches that the cask body is between top and bottom end impact limiters and both overlap the ends of the cask body); a primary tank having an elongated cylindrical body extending between a top end and a bottom end (1.2-2 teaches that the neutron shielding is provided by a jacket that surrounds the stainless steel out shell and is designed to axially blanket the active fuel length. Since the neutron shield tank surrounds the cask body, the neutron shield tank also has a body extending between a top end and a bottom end),
the primary tank body having liquified radiation shielding material therein (1.2-2 teaches that the neutron shielding is provided by an ethylene glycol/water jacket), the primary tank situated annularly around the cylindrical body of the cask body (1.2-2 teaches that the neutron shielding is provided by a jacket that surrounds the stainless steel out shell and is designed to axially blanket the active fuel length); an expansion tank having an elongated cylindrical body extending between a top end and a bottom end (2.6.7-81 fig. 2.6.7-22 teaches that the expansion tank has an elongated cylindrical body extending between a top end and a bottom end), the expansion tank body having liquified radiation shielding material therein (1.2-2 teaches an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid and is connected to the shield tank by a siphon tube), the expansion tank situated annularly around the cylindrical body of the primary tank (2.6.7-81 fig. 2.6.7-22 teaches that the expansion tank situated annularly around the cylindrical body of the shield tank); and a siphon tube in fluid communication with the primary and expansion tanks, the siphon tube enabling communication of liquified radiation shielding material between the primary and expansion tanks (1.2-2 teaches that the expansion tank is connected to the shield tank by a siphon tube. The tube would allow for the liquid to flow between the expansion tank and primary tank) based upon a temperature change within the liquified radiation shielding material in the primary tank (1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid) while maintaining at least a prescribed level of liquified radiation shielding material in the expansion tank (for a siphon tube to pull fluid back into the primary tank, the lower opening of the siphon tube inside the expansion needs to remain submerged in fluid. If the fluid level drops below the siphon tube’s opening, the tube will suck air instead of fluid. The NAC expansion tank is capable of maintaining a minimum base amount of fluid to keep the siphon tube submerged and functional).
NAC fails to teach that wherein the expansion tank includes a fill port on a side of a bottom half of the expansion tank at the prescribed level and a drain port on a bottom of the bottom half of the expansion tank.
However, Shi teaches that wherein the expansion tank includes a fill port on a side of a bottom half of the expansion tank at the prescribed level and a drain port on a bottom of the bottom half of the expansion tank (pg. 2 fig. 1 teaches a side manhole 10 on the lower part of the expansion tank and a sewage outlet 12 on the bottom of the body 100).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi to include that wherein the expansion tank includes a fill port on a side of a bottom half of the expansion tank at the prescribed level and a drain port on a bottom of the bottom half of the expansion tank. One of ordinary skill in the art would be motivated to make such modification to allow for more accurate liquid level measurement and more convenient maintenance and repair (Shi pg. 1, summary of invention).
18. Regarding claim 11:
The modified invention above teaches the cask of claim 8. NAC further discloses that wherein the expansion tank extends along a substantially small part of a length associated with the primary tank body (2.6.7-82 fig. 2.6.7-23, 2.6.7-69 fig. 2.6.7-10, teach that the expansion tank is shorter than the shield tank).
19 Regarding claim 13:
The modified invention above teaches the cask of claim 8. NAC further discloses that wherein the expansion tank comprises a gaseous fluid pocket over the liquified radiation shielding material, the fluid pocket enables controlled expansion and contraction of the liquified radiation shielding material in both the primary and expansion tanks (1.1-1 teaches that the neutron shield tank system includes an expansion tank. 1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid. When the expansion tank is not completed filled with liquid, the expansion tank has empty space corresponding to a gaseous fluid pocket).
20. Claims 3-4, 9-10 are rejected under 35 U.S.C 103 as being unpatentable over NAC in Shi, further in view of Vectra. (1984). Consolidated Safety Analysis Report for Vectra, Model No. IF-300 Shipping Cask. U.S. Nuclear Regulatory Commission. https://www.nrc.gov/docs/ML0635/ML063530763.pdf [hereinafter referred to as Vectra].
21. Regarding claim 3:
The modified invention above teaches the cask of claim 2. NAC in view of Shi fails to disclose that wherein the primary tank includes a fill port and a drain port.
However, Vectra discloses that wherein the primary tank includes a fill port and a drain port (pg. 10-9 teaches neutron shielding cavity fill, drain, and vent valves).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi, further in view of Vectra to include that wherein the primary tank includes a fill port and a drain port. Such modification would allow for draining, filling the neutron shielding cavities (as taught in Vectra pg. 6-55).
22. Regarding claim 4:
The modified invention above teaches the cask of claim 3. NAC in view Shi fails to disclose that wherein each of the ports is closed with a respective plug.
Vectra does not specifically disclose that wherein each of the ports is closed with a respective plug. However, Vectra discloses that fill, drain, and vent valves can be closed (as taught on pg. 10-3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi, further in view of Vectra to include that wherein each of the ports is closed with a respective plug. Such modification would maintain gas within the cavity to maintain pressure (as taught in Vectra pg. 10-3).
23. Regarding claim 9:
The modified invention above teaches the cask of claim 8. NAC in view of Shi fails to disclose that wherein the primary tank includes a fill port and a drain port.
However, Vectra discloses that wherein the primary tank includes a fill port and a drain port (pg. 10-9 teaches neutron shielding cavity fill, drain, and vent valves).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi, further in view of Vectra to include that wherein the primary tank includes a fill port and a drain port. Such modification would allow for draining, filling the neutron shielding cavities (as taught in Vectra pg. 6-55).
24. Regarding claim 10:
The modified invention above teaches the cask of claim 9. NAC in view of Shi fails to disclose that wherein each of the ports is closed with a respective plug.
Vectra does not specifically disclose that wherein each of the ports is closed with a respective plug. However, Vectra discloses that fill, drain, and vent valves can be closed (as taught on pg. 10-3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi, further in view of Vectra to include that that wherein each of the ports is closed with a respective plug. Such modification would maintain gas within the cavity to maintain pressure (as taught in Vectra pg. 10-3).
25. Claims 6 and 12 is rejected under 35 U.S.C 103 as being unpatentable over NAC in view Shi, further in view of Dexter (US 8074819).
26. Regarding claim 6:
The modified invention above teaches the cask of claim 2. NAC in view of Shi fails to disclose that wherein the siphon tube has an elongated tubular body extending vertically between a high end and a low end, the high end being open to and in fluid communication with the primary tank, the low end being open to and in fluid communication with the expansion tank.
However, Dexter discloses that wherein the siphon tube has an elongated tubular body (column 4 lines 36-37 teaches a generally cylindrical siphon tube 20) extending vertically between a high end and a low end (column 5 lines 6-8 teaches that the interior passage 72 of the siphon tube 20 extends axially between the first end 34 and second end 36 as shown in fig. 2B), the high end being open to and in fluid communication with the primary tank (column 4 lines 47-63 teaches that the when the pressure in the pressure chamber 16 exceeds a preconfigured limited, fluid can flow from the pressure chamber 16 to overflow chamber 18 through second passage 60 and siphon tube 20), the low end being open to and in fluid communication with the expansion tank (column 5 lines 12 -16 teaches that the opening 74 is positioned at the bottom wall 68 to enable fully drain fluid from the overflow chamber 18 up through the siphon tube 20).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi, further in view of Dexter to include that wherein the siphon tube has an elongated tubular body extending vertically between a high end and a low end, the high end being open to and in fluid communication with the primary tank, the low end being open to and in fluid communication with the expansion tank. Such modification would allow for when the pressure in the pressure chamber exceeds a preconfigured limited, fluid can flow from the pressure chamber to overflow chamber the siphon tube (as taught in Dexter column 4 lines 47-63).
27. Regarding claim 12:
The modified invention above teaches the cask of claim 8. NAC in view of Shi fails to disclose that wherein the siphon tube has an elongated tubular body extending vertically between a high end and a low end, the high end being open to and in fluid communication with the primary tank, the low end being open to and in fluid communication with the expansion tank.
However, Dexter discloses that wherein the siphon tube has an elongated tubular body (column 4 lines 36-37 teaches a generally cylindrical siphon tube 20) extending vertically between a high end and a low end (column 5 lines 6-8 teaches that the interior passage 72 of the siphon tube 20 extends axially between the first end 34 and second end 36 as shown in fig. 2B), the high end being open to and in fluid communication with the primary tank (column 4 lines 47-63 teaches that the when the pressure in the pressure chamber 16 exceeds a preconfigured limited, fluid can flow from the pressure chamber 16 to overflow chamber 18 through second passage 60 and siphon tube 20), the low end being open to and in fluid communication with the expansion tank (column 5 lines 12 -16 teaches that the opening 74 is positioned at the bottom wall 68 to enable fully drain fluid from the overflow chamber 18 up through the siphon tube 20).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi, further in view of Dexter to include that wherein the siphon tube has an elongated tubular body extending vertically between a high end and a low end, the high end being open to and in fluid communication with the primary tank, the low end being open to and in fluid communication with the expansion tank. Such modification would allow for when the pressure in the pressure chamber exceeds a preconfigured limited, fluid can flow from the pressure chamber to overflow chamber the siphon tube (as taught in Dexter column 4 lines 47-63).
28. Claims 14-17 are rejected under 35 U.S.C 103 as being unpatentable over NAC in view Shi, further in view of Dexter, further in view of Vectra, further in view of Klein (US 6564961).
29. Regarding claim 14:
NAC discloses a cask for storing hazardous nuclear material (1.1-1 teaches the cask has a safe means of transporting radioactive materials) and for cooling liquified radiation shielding material (1.2-1 teaches that the cask is passively cooled) used for absorbing nuclear radiation from the hazardous nuclear material (1.2-2 teaches that the liquid of the cask reduces the radiation), the cask comprising:
an elongated cylindrical body extending between a top end and a bottom end, the body having a container with hazardous radioactive material (1.2-2 teaches that the inner shell, end forgings, and the closure lid establish a cask cavity that is 177.9 inches long and 13.375 inches in diameter. 1.2-3 teaches that the cask body is between top and bottom end impact limiters and both overlap the ends of the cask body);
a primary tank having (1.2-2 teaches that the neutron shielding is provided by an ethylene glycol/water jacket):
an elongated cylindrical body extending between a top end and a bottom end (1.2-2 teaches that the neutron shielding is provided by a jacket that surrounds the stainless steel out shell and is designed to axially blanket the active fuel length. Since the neutron shield tank surrounds the cask body, the neutron shield tank also has a body extending between a top end and a bottom end), the body situated annularly around the cask body (1.2-2 teaches that the neutron shielding is provided by a jacket that surrounds the stainless steel out shell and is designed to axially blanket the active fuel length); and liquified radiation shielding material situated within the primary tank body;
an expansion tank having:
an elongated cylindrical body extending between a top end and a bottom end (2.6.7-81 fig. 2.6.7-22 teaches that the expansion tank has an elongated cylindrical body extending between a top end and a bottom end), the body situated annularly around the primary tank body (2.6.7-81 fig. 2.6.7-22 teaches that the expansion tank situated annularly around the cylindrical body of the shield tank); and
liquified radiation shielding material situated with the expansion tank body (1.2-2 teaches an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid and is connected to the shield tank by a siphon tube); and
siphon tube, the siphon tube enabling communication of liquified radiation shielding material between the primary and expansion tanks (1.2-2 teaches that the expansion tank is connected to the shield tank by a siphon tube. The tube would allow for the liquid to flow between the expansion tank and primary tank) based upon a temperature change within the liquified radiation shielding material in the primary tank (1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid) while maintaining at least a prescribed level of liquified radiation shielding material in the expansion tank (for a siphon tube to pull fluid back into the primary tank, the lower opening of the siphon tube inside the expansion needs to remain submerged in fluid. If the fluid level drops below the siphon tube’s opening, the tube will suck air instead of fluid. The NAC expansion tank is capable of maintaining a minimum base amount of fluid to keep the siphon tube submerged and functional).
NAC fails to teach that wherein the expansion tank includes a fill port on a side of a bottom half of the expansion tank at the prescribed level and a drain port on a bottom of the bottom half of the expansion tank.
However, Shi teaches that wherein the expansion tank includes a fill port on a side of a bottom half of the expansion tank at the prescribed level and a drain port on a bottom of the bottom half of the expansion tank (pg. 2 fig. 1 teaches a side manhole 10 on the lower part of the expansion tank and a sewage outlet 12 on the bottom of the body 100).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi to include that wherein the expansion tank includes a fill port on a side of a bottom half of the expansion tank at the prescribed level and a drain port on a bottom of the bottom half of the expansion tank. One of ordinary skill in the art would be motivated to make such modification to allow for more accurate liquid level measurement and more convenient maintenance and repair (Shi pg. 1, summary of invention).
NAC in view of Shi fails to disclose siphon tube having an elongated tubular body extending vertically between a high end and a low end, the high end being open to and in fluid communication with the primary tank, the low end being open to and in fluid communication with the expansion tank
However, Dexter discloses siphon tube having an elongated tubular body (column 4 lines 36-37 teaches a generally cylindrical siphon tube 20) extending vertically between a high end and a low end (column 5 lines 6-8 teaches that the interior passage 72 of the siphon tube 20 extends axially between the first end 34 and second end 36 as shown in fig. 2B), the high end being open to and in fluid communication with the primary tank (column 4 lines 47-63 teaches that the when the pressure in the pressure chamber 16 exceeds a preconfigured limited, fluid can flow from the pressure chamber 16 to overflow chamber 18 through second passage 60 and siphon tube 20), the low end being open to and in fluid communication with the expansion tank (column 5 lines 12 -16 teaches that the opening 74 is positioned at the bottom wall 68 to enable fully drain fluid from the overflow chamber 18 up through the siphon tube 20).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi, further in view of Dexter to include siphon tube having an elongated tubular body extending vertically between a high end and a low end, the high end being open to and in fluid communication with the primary tank, the low end being open to and in fluid communication with the expansion tank. Such modification would allow for when the pressure in the pressure chamber exceeds a preconfigured limited, fluid can flow from the pressure chamber to overflow chamber the siphon tube (as taught in Dexter column 4 lines 47-63).
NAC in view of Shi, further in view of Dexter fails to disclose a primary tank having a fill port and a drain port.
However, Vectra discloses a primary tank having a fill port and a drain port (pg. 10-9 teaches neutron shielding cavity fill, drain, and vent valves).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi, further in view of Dexter, further in view of Vectra to include a primary tank includes a fill port and a drain port. Such modification would allow for draining, filling the neutron shielding cavities (as taught in Vectra pg. 6-55).
NAC in view of Shi, further in view of Dexter, further in view of Vectra fails to disclose a fill port situated in close proximity the top of the body; a drain port situated in close proximity to the bottom of the body.
However, Klein discloses a fill port situated in close proximity the top of the body (column 3 teaches that the top (6) of the tank assembly (1) has a hole (68) providing access to the interior of the tank assembly); a drain port situated in close proximity to the bottom of the body (abstract teaches a drain hole is located on the bottom of the tank).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi, further in view of Dexter, further in view of Vectra, further in view of Klein to include a fill port situated in close proximity the top of the body; a drain port situated in close proximity to the bottom of the body. Such modification would provide access to the interior of the tank assembly (as taught in Klein column 3) and the ability to gravity drain the fluid (as taught in Klein column 1).
30. Regarding claim 15:
The modified invention above teaches the cask of claim 14. NAC further discloses that wherein the expansion tank extends along a substantially small part of a length associated with the primary tank body (2.6.7-82 fig. 2.6.7-23, 2.6.7-69 fig. 2.6.7-10, teach that the expansion tank is shorter than the shield tank).
31. Regarding claim 16:
The modified invention above teaches the cask of claim 14. NAC in view of Shi, further in view of Dexter fails to disclose that wherein each of the ports is closed with a respective plug.
Vectra does not specifically disclose that wherein each of the ports is closed with a respective plug. However, Vectra discloses that fill, drain, and vent valves can be closed (as taught on pg. 10-3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified NAC in view of Shi, further in view of Dexter, further in view of Vectra to include that that wherein each of the ports is closed with a respective plug. Such modification would maintain gas within the cavity to maintain pressure (as taught in Vectra pg. 10-3).
32. Regarding claim 17:
The modified invention above teaches the cask of claim 14. NAC further discloses that wherein the expansion tank comprises a gaseous fluid pocket over the liquified radiation shielding material, the fluid pocket enables controlled expansion and contraction of the liquified radiation shielding material in both the primary and expansion tanks (1.1-1 teaches that the neutron shield tank system includes an expansion tank. 1.2-2 teaches that an expansion tank for the neutron shield is provided to allow for thermal expansion and contraction of the liquid. When the expansion tank is not completed filled with liquid, the expansion tank has empty space corresponding to a gaseous fluid pocket).
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY LI whose telephone number is (571) 272-5043. The examiner can normally be reached 8:30am-4:30pm. 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached at (571) 272-2293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LARRY LI/
Examiner, Art Unit 2881
/DAVID E SMITH/Examiner, Art Unit 2881
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