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 § 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.
Claims 1-6 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Navarro-Sorroche et al. US 2018/0049305.
Regarding claim 1, Navarro-Sorroche teaches a neutron device (fig. 5), comprising a neutron emitter (fig. 1) including: a target (130); an electron source configured to emit electrons when a voltage is applied between the target and the electron source (120; para. 0016); and a vacuum space in which ionization gas is disposed (space defined by 102; para. 0014); wherein reaction ions are released when the electrons interact with the ionization gas (para. 0002, 0016-0018); and wherein neutrons are emitted from the target when the reaction ions contact the target (para. 0019).
Navarro-Sorroche fails to teach wherein the electron source emits electrons towards the target (the electron source of Navarro-Sorroche emits electrons inwards radially prior to the ions being accelerated towards the target) and the vacuum space disposed between the target and the electron source; however, it has been judiciarily determined that rearrangement of parts has been obvious to one of ordinary skill in the art (MPEP 2144.04.IV.C). Rearrangement of parts is insufficient to establish patentability over the prior art of record unless it changes the operation of the device in some unexpected way. Since this device appears to operate in a similar manner to the prior art device, the rearrangement of parts is not of patentable significance.
Regarding claim 2, Navarro-Sorroche teaches wherein: the ionization gas is deuterium gas (para. 0014); and the reaction ions are deuterium ions (para. 0014, 0016-0018).
Regarding claim 3, Navarro-Sorroche teaches wherein the target includes a base body that is doped with a reaction material (para. 0019 “target atoms”).
Regarding claim 4, Navarro-Sorroche teaches wherein the reaction material is deuterium (para. 0019).
Regarding claim 5, Navarro-Sorroche teaches wherein the reaction material is tritium (para. 0019).
Regarding claim 6, Navarro-Sorroche teaches wherein: the neutron emitter further includes a biased grid (122) configured to set a strength of an electric field in a region directly adjacent to the electron source (para. 0018).
Navarro-Sorroche fails to teach the biased grid is arranged in the vacuum space between the electron source and the target; however, it has been judiciarily determined that rearrangement of parts has been obvious to one of ordinary skill in the art (MPEP 2144.04.IV.C). Rearrangement of parts is insufficient to establish patentability over the prior art of record unless it changes the operation of the device in some unexpected way. Since this device appears to operate in a similar manner to the prior art device, the rearrangement of parts is not of patentable significance.
Regarding claims 9 and 10, Navarro-Sorroche fails to explicitly teach the neutron emitter further includes a plurality of permanent magnets that influence the electrons emitted by the electron source; and the electron source is disposed between the target and the plurality of permanent magnets; and the neutron emitter further includes a shell supporting the plurality of permanent magnets; and the plurality of permanent magnets are arranged in an array on the shell.
Navarro-Sorroche does teach that is was common knowledge in the art that neutron generators use permanent magnets in the structural shell of the generator (para. 0003, 0026) for the purpose of lengthening the electron path in the ion source (para. 0026). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the neutron emitter further includes a plurality of permanent magnets that influence the electrons emitted by the electron source; and the electron source is disposed between the target and the plurality of permanent magnets; and the neutron emitter further includes a shell supporting the plurality of permanent magnets; and the plurality of permanent magnets are arranged in an array on the shell since it was known in the art to have permanent magnets in the structural shell of the generator for the purpose of lengthening the electron path in the ion source.
Regarding claim 11, Navarro-Sorroche teaches a detector configured to detect at least one of neutrons and gamma-rays (508, 510, 512; para. 0028).
Regarding claim 12, Navarro-Sorroche teaches wherein the detector is attached to at least one of (i) an axial end of the neutron emitter (fig. 5) and (ii) an outer circumference of the neutron emitter.
Regarding claim 13, Navarro-Sorroche teaches wherein the detector is a reflection-mode detector that detects secondary neutrons emitted by an object being inspected when the neutrons emitted by the target interact with the object (para. 0028).
Regarding claim 14, Navarro-Sorroche teaches wherein the detector is a transmission-mode detector that detects the neutrons emitted by the target after the neutrons have passed through an object being inspected (para. 0028).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Navarro-Sorroche et al. US 2018/0049305 in view of Perkins et al. US 2018/0261349.
Regarding claim 18, Navarro-Sorroche fails to teach wherein: the neutron emitter further includes a cooling jacket connected to target; and a fluid chamber through which a coolant is flowable is at least partially defined by and between the cooling jacket and the target.
Perkins teaches wherein: the neutron emitter further includes a cooling jacket connected to target (fig. 11 mechanical support 1130); and a fluid chamber through which a coolant is flowable is at least partially defined by and between the cooling jacket and the target (fig. 11 circulating coolant) for the purpose of increasing the range of ambient temperatures wherein the device is operable (para. 0035).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein: the neutron emitter further includes a cooling jacket connected to target; and a fluid chamber through which a coolant is flowable is at least partially defined by and between the cooling jacket and the target as taught by Perkins in the neutron device of Navarro-Sorroche for the purpose of increasing the range of ambient temperatures wherein the device is operable.
Regarding claim 19, Navarro-Sorroche fails to teach wherein the target is disposed between the cooling jacket and the electron source.
Perkins teaches wherein the target is disposed between the cooling jacket and the electron source (fig. 11) for the purpose of increasing the range of ambient temperatures wherein the device is operable (para. 0035).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the target is disposed between the cooling jacket and the electron source as taught by Perkins in the neutron device of Navarro-Sorroche for the purpose of increasing the range of ambient temperatures wherein the device is operable.
Regarding claim 20, Navarro-Sorroche fails to teach wherein the cooling jacket includes: a jacket shell at least partially defining the fluid chamber; and a plurality of support members disposed in the fluid chamber, the plurality of support members connected to and extending between the jacket shell and the target.
Perkins teaches wherein the cooling jacket includes: a jacket shell at least partially defining the fluid chamber (fig. 11 inner shell of circulating coolant chamber); and a plurality of support members disposed in the fluid chamber, the plurality of support members connected to and extending between the jacket shell and the target (fig. 11 mechanical support 1130) for the purpose of increasing the range of ambient temperatures wherein the device is operable (para. 0035).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the cooling jacket includes: a jacket shell at least partially defining the fluid chamber; and a plurality of support members disposed in the fluid chamber, the plurality of support members connected to and extending between the jacket shell and the target as taught by Perkins in the neutron device of Navarro-Sorroche for the purpose of increasing the range of ambient temperatures wherein the device is operable.
Allowable Subject Matter
Claims 7-8 and 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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:
Regarding claims 7 and 8, the prior art of record does not disclose or suggest the neutron emitter further includes a secondary grid configured to reduce a speed of the electrons emitted by the electron source, along with other claim limitations.
Navarro-Sorroche et al. US 2018/0049305 and Perkins et al. US 2018/0261349, either singularly or in combination, does not disclose or suggest "the neutron emitter further includes a secondary grid configured to reduce a speed of the electrons emitted by the electron source", along with other claim limitations.
Regarding claims 15, the prior art of record does not disclose or suggest wherein the target includes a plurality of annular base bodies disposed axially spaced apart from one another, along with other claim limitations.
Navarro-Sorroche et al. US 2018/0049305 and Perkins et al. US 2018/0261349, either singularly or in combination, does not disclose or suggest "wherein the target includes a plurality of annular base bodies disposed axially spaced apart from one another", along with other claim limitations.
Claims 16-17 are dependent on claim 15 and are allowable for the same reason.
Contact Information
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/RICHARD O TOOHEY/Examiner, Art Unit 2884
/EDWIN C GUNBERG/ Primary Examiner, Art Unit 2884