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 Interpretation
Claim 1 recites “a method of producing an irradiation target for use in the production of radioisotopes” in the preamble. Since Clam 1 is a method claim, this recitation is given patentable weight and the prior art is required to have this feature.
Claim 1 recites “thin plate”. The specification refers to Item 110 as the thin plate. The specification also refers to Item 110 as an annular disk. For the purposes of examination, the recitation in Claim 1 will not be interpreted as a disk shape.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “an elongated central member” in Line 4, then later recites “expanding the first end and the second end of central member” in Line 6. It is unclear if the second recitation is referring to a new “central member” due to the lack of “the” or “said” prior to the second recitation.
Claim 5 recites “wherein the step of providing an elongated central member further comprises providing a cylindrical central tube”. Claim 1 recites “providing an elongated central member having a first end and a second end”. Since Claim 5 recites “further comprising”, it is unclear if the cylindrical central tube is in addition to the elongated central member or further describing the elongated central member.
Claim 6 recites “the expanding step further comprises flaring the first and the second end of the central tube radially outwardly”. Claim 1 recites the expanding step “expanding the first end and the second end of central member”. In Claim 6 it is unclear if the expanding occurs to the central tube, the central member, both, or if these structures are the same based on the ambiguity from Claim 5 discussed above.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wiencek (US5615238A).
Claim 1
Wiencek teaches a method of producing an irradiation target for use in the production of radioisotopes (Col. 1, Lines 19-21), comprising the steps of: providing at least one plate (22) defining a central opening (Figure 1); providing an elongated central member (12) having a first end (14) and a second end (16); passing the central member through the central opening of the at least one plate (Figure 1 shows the central member (12) passes through the central opening of the foil (22).); and expanding the first end and the second end of central member radially outwardly (Figure 1 shows the ends (14, 16) are expanded outward from the diameter of the middle portion of the central member (12). Col. 3 Lines 42-45 teach the ends are parts of the tube (12).) with respect to a longitudinal center axis of the central member so that an outer diameter of the first end and the second end are greater than a diameter of the central opening of the at least one plate. (The cross section in Figure 1 shows the ends (14, 16) have a larger diameter than the plate (22) opening.)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (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 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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Allen (US20110006186A1) in view of Bucko (US20100218559A1).
Claim 1
Allen teaches a method of producing an irradiation target for use in the production of radioisotopes (¶0028), comprising the steps of: providing at least one plate (102, 104) defining a central opening (Figure 2); providing an elongated central member (108) having a first end and a second end (Figure 7); passing the central member through the central opening of the at least one plate (Figures 1 or 2).
Allen does not disclose and expanding the first end and the second end of central member radially outwardly with respect to a longitudinal center axis of the central member so that an outer diameter of the first end and the second end are greater than a diameter of the central opening of the at least one plate. Allen does disclose a mechanical fastener (¶0030 “nut”) at either end of the shaft.
However, Bucko teaches the first end and the second end of central member radially outwardly with respect to a longitudinal center axis of the central member (Figures 1-5 teach a disk holding apparatus that includes ends (6, 21) that hold the disks (7, 9) on the shaft. Figure 3 shows an end (6) that includes a part of the shaft that is expanded with respect to the center axis.) so that an outer diameter of the first end and the second end are greater than a diameter of the central opening of the at least one plate. (Figure 3 shows the expanded part (6) has a greater diameter than the disk (7, 9) inner diameter.)
One of ordinary skill would have been motivated to substitute the known abutment of Bucko for the mechanical fastener (nut) of Allen in order to secure the end plates of the body (Bucko, ¶0026) using a known alternative to mechanical fasteners (Bucko, ¶0026) that performs the same predictable result.
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to substitute the known abutment of Bucko for the mechanical fastener (nut) of Allen because it has been held to be prima facie obvious to substitute one known element for another to yield predictable results. See MPEP 2143(I)(B).
The predictable result is the nut and washer of Allen will be replaced with abutment made from the material of the shaft based on the teachings of Bucko.
Allowable Subject Matter
Claims 2-6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The most relevant prior art does not teach or obviate the limitations of Claim 2.
Claim 2 requires: a method of producing an irradiation target for use in the production of radioisotopes, comprising the steps of: providing at least one plate defining a central opening; providing an elongated central member having a first end and a second end; passing the central member through the central opening of the at least one plate; and expanding the first end and the second end of central member radially outwardly with respect to a longitudinal center axis of the central member so that an outer diameter of the first end and the second end are greater than a diameter of the central opening of the at least one plate; providing an alignment jig with an elongated recess formed in a surface thereof; providing a plurality of plates defining central openings; and inserting the plurality of plates into the elongated recess of the alignment jig so that the central openings are aligned, wherein, the step of passing the central member through the central openings occurs after the plurality of plates are inserted into the alignment jig.
The prior art teaches:
Document
Date
Description of Relevant Subject Matter
US9196390B2
2011-09-23
Figure 1 teaches at least one plate (120) having a central opening (Figure 4); an elongated central member (108); passing the central member through the central opening (Figure 4)
The reference does not disclose expanding the ends of the central member
US20110051875A1
2009-08-25
Figure 4 teaches at least one plate (122) having a central opening (Figure 4); an elongated central member (124); passing the central member through the central opening (Figure 4)
The reference does not disclose expanding the ends of the central member
US6160862A
1997-08-14
Figure 1 teaches at least one plate (16) having a central opening (Figure 1); an elongated central member (20)
The reference does not disclose expanding the ends of the central member
US20110006186A1
2009-07-10
Figure 1 teaches at least one plate (102, 104) having a central opening (Figure 2); an elongated central member (108); passing the central member through the central opening (Figure 2)
The reference does not disclose expanding the ends of the central member
US20090135990A1
2007-11-28
Figure 7 teaches at least one plate (20) having a central opening (Figure 7); an elongated central member (110); passing the central member through the central opening (Figure 7)
The reference does not disclose expanding the ends of the central member
US8111801B2
2008-10-21
Figure 5 teaches a plurality of plates (110) that form a radioisotope production target.
The reference does not disclose a central member or expanding the ends of the central member
US9055658B2
2009-06-18
Figure 5 teaches a plurality of plates (14, 16) that form a radioisotope production target.
The reference does not disclose a central member or expanding the ends of the central member
US6954330B2
2002-05-24
Figure 2 teaches a disk holding apparatus that includes an end (skirt part, 32d) that expands to hold the disks (100) on the shaft.
US8549753B2
2009-05-14
Figures 1 and 3 teach a disk holding apparatus that includes ends (110 and 170) that hold the disks (Figure 3) on the shaft (120).
US20110287915A1
2011-05-02
Figure 1 teaches a disk holding apparatus that includes ends (15) that hold the disks (12) on the shaft (11).
US20100218559A1
2008-06-16
Figures 1-5 teach a disk holding apparatus that includes ends (6 / 21) that hold the disks (7, 8, 9) on the shaft (5). ¶0026 teaches the interchangeability of abutments (which are shown in Figure 5 as expanded parts of the shaft) with mechanical retainers.
US4299018A
1979-04-09
Figures 1-3 teach a disk holding apparatus that includes ends (3) that hold the disks (4) on the shaft (1). The ends are integral protrusions on the shaft.
US3207163A
1964-03-09
Figure 2 teaches a disk holding apparatus that includes an end (11) that holds the disks (15) on the shaft. The end of the shaft is flared.
US5615238A
1995-06-05
Figure 1 teaches at least one plate (22) having a central opening (Figure 1); an elongated central member (20); passing the central member through the central opening (Figure 1); expanding a first and second end (14, 16) such that the diameter of the ends is greater than the opening.
The prior art fails to teach the limitations of Claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the PTO-892 Form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael W Hotchkiss whose telephone number is (571)272-3854. The examiner can normally be reached Monday-Friday from 0800-1600.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726
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