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
Applicant's election with traverse of Group I, claims 15-30, Species b, claims 23-25, Species i, Ra(NO3)2, and Species e, Ac-225 in the reply filed on 04/06/2026 is acknowledged. The traversal is on the ground(s) that the claims share a special technical feature of "chemical thermodynamic control via salt enthalpy, salt selection based on dissolution enthalpy, thermodynamic tuning of the liquid by solute choice,. This is not found persuasive because even though Species a-b, Species i-iv, and Species (a)-(e) require the technical feature of claim 15 as currently amended, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of at least US Publication No. 2020/0305268 (“Uno et al.”) in view of US Publication No. 2024/0153663 (“Todokoro et al.”) and JP Publication No. 2018/013465 (“Ito”) in view of US Publication No. 2024/0153663 (“Todokoro et al.”) as discussed below.
The requirement for the above inventions and species is still deemed proper and is therefore made FINAL.
Claims 22, 31, and 32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a non-elected invention (Group II and III, and Species a), there being no allowable generic or linking claim. Claim 24 being dependent on withdrawn claim 22, is similarly withdrawn. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/06/02026.
Regarding Species A/B, upon further consideration, in view of Applicant’s arguments that “claims 18-20 depend from claim 17 and necessarily require ‘a condensation area positioned above the boiling chamber’”, the requirement for election of Species A or B is withdrawn.
Status of Claims
Claims 15-32 are still pending in the application with claims 22, 24, 31, and 32 withdrawn. Claims 15-21, 23, and 25-30 are examined herein.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the regulating fluid circulation secondary system must be shown to "at least partially surround" the at least one condensate collecting area and the boiling chamber as recited in claim 25 or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 25 is objected to because of the following informalities: the “coolant fluid circulation secondary system” should be the “regulating fluid circulation secondary system”. Appropriate correction is required.
Claim 29 objected to because of the following informalities: chemical formulas listed in claim 29 are not written using subscripts. Appropriate correction is required.
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 15-21, 23, 25-30 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.
Enthalpy is the internal energy of a substance in thermodynamics, and can take different values depending on the state of the substance (temperature, pressure, etc.). Therefore “positive enthalpy” in claim 15 is a relative term which renders the claim indefinite. The term “positive enthalpy” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what is meant by "
Claim 15 recites the limitation “the liquid target”. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the at least one condensate collecting area" in line 2. There is insufficient antecedent basis for this limitation in the claim. Due to the inclusion of “the at least one condensate area” this claim cannot be properly evaluated with its current dependency, as “the at least one condensate area” was not introduced until claim 18, which is not in the chain of dependency of claim 21. Therefore, for purposes of examination, claim 21 is being interpreted as being dependent upon claim 18 instead of claim 17, so that claim 21 can be properly evaluated. Please make appropriate corrections.
Claim 25 recites the limitations "the outer wall" and "the at least one condensate collecting area" in lines 1 and 2, respectively. There is insufficient antecedent basis for these limitations in the claim. Due to the inclusion of “the at least one condensate area” this claim cannot be properly evaluated with its current dependency, as “the at least one condensate area” was not introduced until claim 18, which is not in the chain of dependency of claim 25. Therefore claim 23 is being interpreted as being dependent upon claim 18 instead of claim 17, so that claim 25 can be properly evaluated. Please make appropriate corrections.
Claim 27 recites the limitation "the bubble size" and "the boiling temperature" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear what is meant by “the bubble”, as this term has multiple meanings when dealing with boiling liquid and pressure systems.
Any claim not specifically addressed is rejected under 35 U.S.C. 112(b) due to the claim’s dependency on a rejected base 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.
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.
Claims 15-17, 23, 26, 27, and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Uno et al. (US 2020/0305268 A1) in view of Todokoro et al. (US 2024/0153663 A1).
Regarding claim 15, Uno discloses a liquid target system (Fig. 1) for the production of radio-isotopes, the liquid target system comprising:
a boiling chamber (target accommodation portion 23) containing, when in use, a liquid and basic chemicals from which the radio-isotopes can be produced using irradiation, the boiling chamber comprising an irradiation window (target foil 33) for allowing the liquid and basic chemicals to be irradiated, causing the liquid to evaporate into vapor ([0017], [0028], [0030]),
wherein the liquid target system is configured so that overheating of the liquid target is controlled by the thermodynamics of the evaporation process ([0030]), wherein the liquid is water or heavy water ([0017]).
Uno does not disclose the basic chemicals are salts having a positive enthalpy for water.
Todokoro is in the same liquid target irradiation device art area and teaches a liquid target material comprising a liquid and basic chemicals from which radio-isotopes can be produced, wherein the liquid is water or heavy water, and the basic chemicals are salts having a positive enthalpy for water ([0042], [0045]; Todokoro teaches salts such as Ra(NO3)2 and RaCl2, which the instant specification discloses as suitable “salts having a positive enthalpy for water” in paragraphs [0035], [0076], and claim 29).
A person having ordinary skill in the art prior to the effective filing date of the application would have been motivated to modify Uno’s apparatus to use Todokoro’s liquid target material (which may include water and salts such as Ra(NO3)2) for the predictable purpose of producing actinium (Todokoro, [0040]). It would have been well within the level of ordinary skill in the art to select the liquid target material based on the desired radioisotope (see also Todokoro, [0037]).
Regarding claim 16, Uno in view of Todokoro teaches all the elements of the parent claim. Uno further discloses wherein the evaporated water is stored as steam or as liquid ([0030]).
Regarding claim 17, Uno in view of Todokoro teaches all the elements of the parent claim. Uno further discloses the liquid target system further comprising: a condensation area (buffer area 24) positioned above the boiling chamber, the condensation area having walls (Fig. 1, [0029]) for condensing the vapor into liquid condensate ([0030]), wherein the liquid condensate can be systematically returned or provided to the boiling chamber (see paragraph [0030]).
Regarding claim 23, Uno in view of Todokoro teaches all the elements of the parent claim. Uno further discloses wherein the liquid target system further comprises a regulating fluid circulation secondary system (cooling mechanism 22 and 13) for insulating or controlling the temperature of the condensation area (Fig. 1, [0025], [0030]).
Regarding claim 26, Uno in view of Todokoro teaches all the elements of the parent claim. Uno further discloses the system further comprising an irradiation beam generator configured for irradiating the liquid and basic chemicals ([0018]).
Regarding claim 27, Uno in view of Todokoro teaches all the elements of the parent claim. Uno further discloses wherein the system furthermore comprises a pressurizing unit for pressurizing the boiling chamber for controlling the bubble size and the boiling temperature of the liquid ([0030]; pipe 51 supplies a pressurizing gas to the target accommodation chamber in Uno, since the instant application states that bubble size is a function of pressure ([0075]), controlling the pressure through Uno’s pressurizing gas will control the bubble size).
Regarding claim 29, Uno in view of Todokoro teaches all the elements of the parent claim. Additionally, Todokoro teaches wherein the basic chemicals are any or a combination of Ra(NO3)2, RaCl2, and RaBr2 ([0045] and [0043]). A person of ordinary skill in the art would be motivated, prior to the effective filing date of the invention, to use any or a combination of the basic chemicals above as they are well known alternatives to each other, as evidenced by Todokoro. Thus, Uno, modified to include the liquid target material as taught by Todokoro, would have resulted in the features of claim 29.
Regarding claim 30, Uno in view of Todokoro teaches all the elements of the parent claim. Additionally, Todokoro teaches wherein the liquid target system is adapted for producing Sc-47, Cu-67, Cs-131, Tb-155, or Ac-225 ([0049] and [0040]). A person of ordinary skill in the art would be motivated, prior to the effective filing date of the invention, to use Uno’s device to produce any of the radionuclides above as they are well known alternative products, as evidenced by Todokoro. Thus, Uno, modified to include the liquid target material as taught by Todokoro, would have resulted in the features of claim 30.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Uno et al. (US 2020/0305268 A1) and Todokoro et al. (US 2024/0153663 A1) as applied to claim 27 above, and further in view of Lavie et al. (US 2007/0297554 A1).
Regarding claim 28, Uno in view of Todokoro teaches all the elements of the parent claim, but does not teach wherein the system further comprises a pressure sensor for measuring the pressure in the boiling chamber.
However, Uno discloses regulating a pressure in the boiling chamber ([0030]). Lavie is also in the target irradiation art area and similarly teaches (see Fig. 3) regulating a pressure in a chamber (20) containing a target (135) ([0062] and [0077]). Lavie teaches the system further comprises a pressure sensor (50) for measuring the pressure in the chamber ([0077]).
A person having ordinary skill in the art would have been motivated to further modify Uno’s apparatus to include Lavie’s pressure sensor, prior to the effective filing date of the application, for the predictable purpose of providing continuous monitoring of pressure in the modified Uno’s boiling chamber (Lavie, [0077]).
Claim(s) 18-21, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uno et al. (US 2020/0305268 A1) and Todokoro et al. (US 2024/0153663 A1) as applied to claim 17 above, and further in view of Ito (JP 2018013465 A).
Regarding claim 18, Uno in view of Todokoro teaches all the elements of the parent claim, but does not teach the remaining limitations of the claim.
However, Ito does. Ito is in the same target irradiation art area and teaches a liquid target system (Fig. 6) further comprising: at least one condensate collecting area (55) for collecting the liquid condensate, the at least one condensate collecting area (55) being positioned outside a boiling chamber (51) ([0033], [0035], [0040]-[0041]).
A person having ordinary skill in the art would have been motivated to further modify Uno’s apparatus to include Ito’s condensate collecting area, prior to the effective filing date of the application, for the predictable purpose of increasing the surface area for cooling without increasing the entire volume of the target device in order to produce a large amount of radioisotope in a shorter time by using a beam of a large current. Also, in order to reduce the risk of damage to the foil, it is important not to increase the internal pressure by increasing the cooling efficiency for the target device (Ito, [0007]-[0008]).
Regarding claim 19, Uno in view of Todokoro and Ito teaches all the elements of the parent claim. Additionally, Ito teaches wherein the at least one condensate collecting area (55) and a boiling chamber (51) are interconnected (a boiling chamber 51 and slits 55 area connected by the communication path 57) so as to act as communicating vessels (Fig. 6, [0040]-[0041]). Thus, Uno, modified to include the liquid target material as taught by Todokoro and the condensate collecting system as taught by Ito, would have resulted in the features of claim 19.
Regarding claim 20, Uno in view of Todokoro and Ito teaches all the elements of the parent claim. Additionally, Ito teaches wherein the at least one condensate collecting area (51) is positioned at walls (51 is shown to branch off the vertical walls of 53, the area for condensing vapor) for condensing the vapor and is provided with a dripping mechanism for systematically returning the condensate to the boiling chamber (the motive force of the liquid condensate is gravity, which means dripping, see [0022], [0037], [0042] for Ito’s teachings). Thus, Uno, modified to include the liquid target material as taught by Todokoro and the condensate collecting system as taught by Ito, would have resulted in the features of claim 20.
Regarding claim 21, Uno in view of Todokoro and Ito teaches all the elements of the parent claim. Uno appears to be silent as to the three-dimensional shape of the system. However, Ito shows that it was known in the art for a system formed by the boiling chamber, condensation area (53), and at least one condensate collecting area to have a cylindrical design (Fig. 2). It would have been an obvious matter of design choice to have the modified Uno’s system have a cylindrical design since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1996).
Regarding claim 25, Uno in view of Todokoro and Ito teaches all the elements of the parent claim. Uno further discloses wherein the outer wall of the boiling chamber (23)and the condensation area (24) is at least partly surrounded by the coolant fluid circulation secondary system (figure 1). Ito similarly teaches the condensate collecting area (55) is at least partly surrounded by a coolant fluid circulation secondary system (60) (Figs. 4-5, [0025]). Thus, Uno, modified to include the liquid target material as taught by Todokoro and the condensate collecting system as taught by Ito, would have resulted in the features of claim 25.
Claims 15-21, 23, 25-26, and 29-30 are also rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP 2018013465 A) in view of Todokoro et al. (US 2024/0153663 A1).
Regarding claim 15, Ito discloses a liquid target system (Figs. 2, 4-5) for the production of radio-isotopes, the liquid target system comprising:
a boiling chamber (51) containing, when in use, a liquid target material ([0038]) from which the radio-isotopes can be produced using irradiation, the boiling chamber comprising an irradiation window (foil 52, [0023]) for allowing the liquid target material to be irradiated, causing the liquid to evaporate into vapor ([0033], [0040]),
wherein the liquid target system is configured so that overheating of the liquid target is controlled by the thermodynamics of the evaporation process ([0032]-[0033]), wherein the liquid is water or heavy water ([0021]).
But Ito does not disclose basic chemicals that are salts having a positive enthalpy for water.
Todokoro is in the same liquid target irradiation device art area and teaches a liquid target material comprising a liquid and basic chemicals from which radio-isotopes can be produced, wherein the liquid is water or heavy water, and the basic chemicals are salts having a positive enthalpy for water ([0042], [0045]; Todokoro teaches salts such as Ra(NO3)2 and RaCl2, which the instant specification discloses as suitable “salts having a positive enthalpy for water” in paragraphs [0035], [0076], and claim 29).
A person having ordinary skill in the art prior to the effective filing date of the application would have been motivated to modify Ito’s apparatus to use Todokoro’s liquid target material (which may include water and salts such as Ra(NO3)2) for the predictable purpose of producing actinium (Todokoro, [0040]). It would have been well within the level of ordinary skill in the art to select the liquid target material based on the desired radioisotope (see also Todokoro, [0037]).
Regarding claim 16, Ito in view of Todokoro teaches all the elements of the parent claim. Ito further discloses wherein the evaporated water is stored as steam or as liquid ([0040]).
Regarding claim 17, Ito in view of Todokoro teaches all the elements of the parent claim. Ito further discloses the liquid target system further comprising: a condensation area (53) positioned above the boiling chamber, the condensation area having walls for condensing the vapor into liquid condensate, wherein the liquid condensate can be systematically returned or provided to the boiling chamber (Fig. 6, [0040]-[0041]).
Regarding claim 18, Ito in view of Todokoro teaches all the elements of the parent claim. Ito further discloses the liquid target system further comprising at least one condensate collecting area (55), the at least one condensate collecting area being positioned outside the boiling chamber (Fig. 6, [0033], [0035], [0040]-[0041]).
Regarding claim 19, Ito in view of Todokoro teaches all the elements of the parent claim. Ito further discloses wherein the at least one condensate collecting area and the boiling chamber are interconnected so as to act as communicating vessels (Fig. 6, [0040]-[0041]).
Regarding claim 20, Ito in view of Todokoro teaches all the elements of the parent claim. Ito further discloses wherein the at least one condensate area is positioned at walls (55 is shown to branch off the vertical walls of 53, the area for condensing vapor) for condensing the vapor and is provided with a dripping mechanism for systematically returning the condensate to the boiling chamber (the motive force of the liquid condensate is gravity, which means dripping, see [0022], [0037], [0042]).
Regarding claim 21, Ito in view of Todokoro teaches all the elements of the parent claim. Ito further discloses wherein the boiling chamber (51), the condensation area (53), and the at least one condensate collecting area (55) form a system (Fig. 2 target system 5) having a cylindrical shape ([0022]).
Regarding claim 23, Ito in view of Todokoro teaches all the elements of the parent claim. Ito further discloses wherein the liquid target system further comprises a regulating fluid circulation secondary system (Fig. 4 60, 63) for insulating or controlling the temperature of the condensation area ([0025]).
Regarding claim 25, Ito in view of Todokoro teaches all the elements of the parent claim. Ito further discloses wherein the outer wall of the boiling chamber (51), the condensation area (53) and the at least one condensate collecting (55) is at least partially surrounded by the coolant fluid circulation secondary system (Fig 7 cooling water branch pipe 63 and main water main pipe 60, [0025]).
Regarding claim 26, Ito in view of Todokoro teaches all the elements of the parent claim. Ito further discloses the system further comprising an irradiation beam generator (Fig. 1 accelerator 3) configured for irradiating the liquid and basic chemicals ([0018]).
Regarding claim 29, Ito in view of Todokoro teaches all the elements of the parent claim. Additionally, Todokoro teaches wherein the basic chemicals are any or a combination of Ra(NO3)2, RaCl2, and RaBr2 ([0043], [0045]). A person of ordinary skill in the art would be motivated, prior to the effective filing date of the invention, to use any or a combination of the basic chemicals above as they are well known alternatives to each other, as evidenced by Todokoro. Thus, Ito, modified to include the liquid target material as taught by Todokoro, would have resulted in the features of claim 29.
Regarding claim 30, Ito in view of Todokoro teaches all the elements of the parent claim. Additionally, Todokoro teaches wherein the liquid target system is adapted for producing Sc-47, Cu-67, Cs-131, Tb-155, or Ac-225 ([0049] and [0040]). A person of ordinary skill in the art would be motivated, prior to the effective filing date of the invention, to use Ito’s device to produce any of the radionuclides above as they are well known alternative products, as evidenced by Todokoro. Thus, Ito, modified to include the liquid target material as taught by Todokoro, would have resulted in the features of claim 30.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELLY MARIE COOPERRIDER whose telephone number is (571)270-0532. The examiner can normally be reached Monday - Friday 7:30 a.m. - 5 p.m. ET..
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/K.M.C./ Examiner, Art Unit 3646
/JACK W KEITH/ Supervisory Patent Examiner, Art Unit 3646
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