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 .
Election/Restrictions
1. Applicant’s election without traverse of species A1, B1, and C1 and claims 1, 2, and 4-17 in the reply filed on 05/08/26 is acknowledged.
2. Claims 3 (species A2), 14 (Species B2), 15 (Species B3), and 16 (Species B7) are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/08/26.
Claim Status
3. Claims 1-17 are pending with claims 3 and 14-16 withdrawn. Claims 1, 4-13, and 17 are examined herein.
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.
4. Claims 1, 4-13, and 17 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.
5. Regarding claim 1, the recitation “a front side” in line 5 is indefinite because the claim does not provide a reference point by which one would be able to ascertain which side of the neutron generation portion is the front side. Further, lines 8 and the last line of the claim recite “a front side of the neutron generation portion,” and it is unclear if this is a different front side or whether the recitation is intended to refer to the front side introduced in line 4. Finally, the claim recites “a forward direction” and “a lateral direction” but defines these directions as relative to the front side of the neutron generation portion, making this recitation indefinite because, as already explained, the “front side” is not adequately defined. The examiner suggests introducing in lines 2-3: a neutron generation portion configured to spontaneously generate and emit neutrons or to generate and emit neutrons by DD nuclear fusion reaction or DT nuclear fusion reaction, the neutrons emitted from a front side of the neutron generation portion and traveling in a forward direction from the front side of the neutron generation portion.” With this amendments, subsequent recitations of relative positions and directions can be anchored to the introduced front side and forward direction defined by the neutrons emitted by the neutron source.
6. Claim 2 is indefinite because it refers to “the area around,” which was not previously introduced and “a rear side,” which seems to have been previously introduced in claim 1. See the above explanation with respect to claim 1. Claims 4-6 exhibit the same problems.
7. Regarding claim 7, the recitation “and that emits neutrons from the neutron generation portion” is unclear. As introduced in claim 1, it is the neutron generation portion that emits neutrons. Claim 7 is then requiring that the neutrons be emitted from a surface of the neutron shield portion. Based on the specification, it seems that the deceleration portion includes a neutron emission surface that faces in the forward direction and that releases the neutrons emitted from the neutron generation portion in the forward direction.
8. Regarding claim 2, the recitation “a second neutron absorption portion” is unclear. This recitation implies the presence of “a first” such portion, but none is previously introduced. This term is introduced in claim 11, but claim 12 does not depend on claim 11.
9. Any claim not explicitly addressed above is rejected because it depends on a rejected claim.
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.
10. Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Uhm, US 5,410,575.
11. Regarding claim 1, Uhm discloses a non-destructive inspection device (Fig. 1) comprising: a neutron generation portion (22); a neutron shield portion (38); configured to cover the neutron generation portion from at least an area around the neutron generation portion and thereby shield the neutrons at the area around the neutron generation portion, and allow the neutrons to be emitted to a front side of the neutron generation portion (column 2, lines 64-67); and a gamma ray detector (36) configured to detect gamma rays generated in an inspection object (12) on a front side of the neutron generation portion, and output a detection signal concerning the detection, the gamma rays being generated as a result of the neutrons incident on the inspection object (column 2, lines 47-54; column 3, lines 11-19), wherein the neutron shield portion and the gamma ray detector are arranged in alignment with each other in a lateral direction in relation to a forward direction, the forward direction being a direction from a rear side of the neutron generation portion to a front side of the neutron generation portion (see Fig. 1).
Uhm suggests that the neutron generation portion can be a source configured to spontaneously generate and emit neutrons a modification that improves the system’s portability (column 7, lines 32-41). Accordingly, one of ordinary skill in the art at the time of invention/filing would have found it obvious to employ a spontaneous neutron source in the device of Uhm.
12. Regarding claim 2, Uhm makes claim 1 obvious and further discloses wherein the neutron generation portion is a neutron source configured to spontaneously generate and emit neutrons (column 7, lines 32-41), and the neutron shield portion is configured to cover the neutron source from the area around and a rear side of the neutron source and shield the neutrons at the area around and the rear side of the neutron source, and allow the neutrons to be emitted to the front side of the neutron source (see Fig. 1).
10. Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Naqvi et al., US 2014/0346366 in view of Uhm, US 5,410,575.
11. Regarding claim 1, Naqvi discloses a non-destructive inspection device (Fig. 1) comprising: a neutron generation portion; and a gamma ray detector (16) configured to detect gamma rays generated in an inspection object on a front side of the neutron generation portion, and output a detection signal concerning the detection, the gamma rays being generated as a result of the neutrons incident on the inspection object ([0018]), wherein the neutron generation portion and the gamma ray detector are arranged in alignment with each other in a lateral direction in relation to a forward direction, the forward direction being a direction from a rear side of the neutron generation portion to a front side of the neutron generation portion (see Fig. 1).
Naqvi does not discloses a shielded natural neutron source. Uhm teaches a similar device (Fig. 1) comprising a neutron source (22) configured to spontaneously generate and emit neutrons (column 7, lines 32-41) and a neutron shield portion (38) configured to cover the neutron generation portion from at least an area around the neutron generation portion and thereby shield the neutrons at the area around the neutron generation portion, and allow the neutrons to be emitted to a front side of the neutron generation portion (column 2, lines 64-67). One of ordinary skill in the art at the time of invention/filing would have found it obvious to substitute the shielded natural neutron source of Uhm for the unshielded electronic neutron generator of Naqvi because Naqvi explicitly states “it should be understood that any suitable type of portable neutron generator may be used” ([0020]). Additionally, it is obvious to substitute two functionally equivalent mechanisms for one another (MPEP 2144.06).
12. Regarding claim 2, Naqvi as modified by Uhm makes claim 1 obvious. Uhm further teaches discloses wherein the neutron generation portion is a neutron source configured to spontaneously generate and emit neutrons (column 7, lines 32-41), and the neutron shield portion is configured to cover the neutron source from the area around and a rear side of the neutron source and shield the neutrons at the area around and the rear side of the neutron source, and allow the neutrons to be emitted to the front side of the neutron source (see Fig. 1). One of ordinary skill in the art at the time of invention/filing would have found it obvious to apply the teachings of Uhm to the device of Naqvi for the reasons stated above.
13. Claims 4, 5, 7, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Uhm, US 5,410,575 or Naqvi et al., US 2014/0346366 in view of Uhm, US 5,410,575 in further view of Nukatsuka et al., US 2010/0025594.
14. Regarding claims 4, 5, and 7, Uhm or Naqvi as modified by the neutron source of Uhm makes claim 1 obvious. Uhm does not disclose a multicomponent neutron shield portion. Nukatsuka teaches a non-destructive inspection device ([0001])) wherein the neutron shield portion includes a deceleration portion (12) that is formed of a material decelerating the neutrons ([0039]) and that covers the neutron generation portion (11) from at least the area around the neutron generation portion and having a neutron emission surface that faces in the forward direction and that emits the neutrons from the neutron generation portion (see Fig. 3), and a reflection portion (13) that is formed of a material reflecting the neutrons ([0040]) and that covers the deceleration portion from an area around and a rear side of the deceleration portion, wherein the neutron source (11) is arranged at a front end portion of the deceleration portion in the forward direction (see Figs. 1 and 3). One of ordinary skill in the art at the time of invention/filing would have found it obvious to apply the teachings of Nukatsuka to the neutron source of Uhm for the predictable purpose of suppressing secondary gamma rays produced in the neutron moderator and preventing leakage of thermal neutrons in directions other than the irradiation direction ([0006]).
15. Regarding claim 8, the combination of Uhm or Naqvi as modified by the neutron source of Uhm with the neutron source shielding taught by Nukatsuka makes claim 4 obvious. Naqvi further discloses a gamma ray shield portion (22) that is arranged between the neutron shield portion and the gamma ray detector in the lateral direction and that shields gamma rays ([0021]).
16. Regarding claim 9, the combination of Uhm or Naqvi as modified by the neutron source of Uhm with the neutron source shielding taught by Nukatsuka makes claim 4 obvious. Naqvi and Uhm further discloses devices wherein the neutron generation portion, the neutron shield portion, the gamma ray shield portion, and the gamma ray detector are coupled directly or indirectly to each other (see Fig. 1 in both references; see also column 3, lines 7-10 of Uhm and all references to “portability” in Naqvi).
17. Regarding claim 11, the combination of Uhm or Naqvi as modified by the neutron source of Uhm with the neutron source shielding taught by Nukatsuka makes claim 4 obvious. Naqvi further discloses a first neutron absorption portion (24) that is arranged between the neutron shield portion and the gamma ray shield portion in the lateral direction and that is formed of a material absorbing neutrons ([0021]).
Allowable Subject Matter
Claims 6, 10, 12, 13, and 17 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.
If Applicant wishes any withdrawn claims to be rejoined, Applicant should amend the withdrawn claims in accordance with amendments to address the 112(b) rejections noted above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARON M DAVIS whose telephone number is (571)272-6882. The examiner can normally be reached Monday - Thursday, 7:00 - 5:00 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jack Keith can be reached at 571-272-6878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHARON M DAVIS/Primary Examiner, Art Unit 3646
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