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 Objections
Claims 1-6 are objected to because of the following informalities:
(Proposed Amendments) A method of making a liquid scintillation cocktail, comprising:
treating one or more liquid components of a liquid scintillation cocktail with a solid material;
wherein the one or more liquid components comprise a solvent and a surfactant; and
wherein the solid material adsorbs potassium from the one or more liquid components to reduce [[the]] an amount (a lack of an antecedent basis) of potassium in the liquid by at least seven times; and
separating the solid material from the one or more liquid components.
Appropriate correction is required.
Claim 2 is objected to because of the following informalities:
2. (Proposed Amendments) The method of claim 1 wherein the one or more liquid components further comprise a scintillator.
Appropriate correction is required.
Claim 3 is objected to because of the following informalities:
3. (Proposed Amendments) The method of claim 1 wherein the liquid scintillation cocktail further comprises a wavelength shifter.
Appropriate correction is required.
Claim 4 is objected to because of the following informalities:
4. (Proposed Amendments) The method of claim 1 where the solid material comprises an ion exchange resin or a zeolite.
Appropriate correction is required.
Claim 5 is objected to because of the following informalities:
5. (Proposed Amendments) The method of claim 1 where the solid material comprises a sodium silicate or an alkaline earth silicate.
Appropriate correction is required.
Claim 6 is objected to because of the following informalities:
6. (Proposed Amendments) The method of claim 1 where the step of treating the one or more liquid components of the liquid scintillation cocktail with the solid material reduces the amount of potassium in the liquid by at least ten times, [[or]] at least twenty times, or in [[the]] a range (a lack of an antecedent basis) of 10 to 40 times.
Appropriate correction is required.
Claims 7-9 are objected to because of the following informalities:
7. (Proposed Amendments) A method of measuring alpha particles or beta particles emitted from a sample by a liquid scintillation, comprising:
providing a liquid scintillation cocktail or a component of a liquid scintillation cocktail;
treating the liquid scintillation cocktail or the component of [[a]] the liquid scintillation cocktail with a solid potassium adsorber to form a treated liquid scintillation cocktail or a component of a treated liquid scintillation cocktail;
adding a radioactive sample to the treated liquid scintillation cocktail or the component of [[a]] the treated liquid scintillation cocktail to form a liquid scintillation cocktail with an incorporated sample; and
counting particles emitted by the sample in the liquid scintillation cocktail with the incorporated sample in a scintillation counter.
Appropriate correction is required.
Claim 8 is objected to because of the following informalities:
8. (Proposed Amendments) The method of claim 7 wherein the liquid scintillation cocktail or the component of [[a]] the liquid scintillation cocktail in the providing step comprises a surfactant.
Appropriate correction is required.
Claim 9 is objected to because of the following informalities:
9. (Proposed Amendments) The method of claim 7 wherein the liquid scintillation cocktail or the component of [[a]] the liquid scintillation cocktail in the providing step comprises at least 2 mass% of a surfactant.
Appropriate correction is required.
Claim 10 is objected to because of the following informalities:
10. (Proposed Amendments) A method of measuring alpha particles or beta particles emitted from a plurality of samples by a liquid scintillation, comprising:
counting particles emitted by a first sample in a liquid scintillation cocktail with an incorporated first sample in a scintillation counter;
subsequent to the step of counting the particles, treating the liquid scintillation cocktail with the incorporated first sample with a solid potassium absorber to form a treated liquid scintillation cocktail;
separating the solid potassium absorber from the treated liquid scintillation cocktail;
combining a second sample to the treated liquid scintillation cocktail; and
counting particles emitted by [[a]] the second sample in the treated liquid scintillation cocktail .
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7-9 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 7 recites a method step “treating the liquid scintillation cocktail or component of a liquid scintillation cocktail with a solid potassium adsorber to form a treated liquid scintillation cocktail or component of a liquid scintillation cocktail” in lines 4-6. Although treating the liquid scintillation cocktail with a solid potassium adsorber forms a treated liquid scintillation cocktail, the specification does not describe how treating component of a liquid scintillation cocktail with a solid potassium adsorber to form component of a liquid scintillation cocktail. It would indicate that component of a liquid scintillation cocktail remains unaltered when treated with a solid potassium adsorber. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 7 recites a method step “adding a radioactive sample to the treated liquid scintillation cocktail or component of a liquid scintillation cocktail and forming a liquid scintillation cocktail with an incorporated sample” in lines 7-8. Although treating the liquid scintillation cocktail with a solid potassium adsorber forms a treated liquid scintillation cocktail, the specification does not describe how further adding a radioactive sample to the treated liquid scintillation cocktail forms a liquid scintillation cocktail with an incorporated sample. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 pre-AIA 35 U.S.C. 112, 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 1-9 are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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 a limitation “the liquid” in line 5, which renders the claim indefinite. There is an insufficient antecedent basis for the limitation in the claim. It is unclear whether the limitation refers to a liquid, the one or more liquid components, or the liquid scintillation cocktail.
Claim 6 recites a limitation “the liquid” in line 2, which renders the claim indefinite. There is an insufficient antecedent basis for the limitation in the claim. It is unclear whether the limitation refers to a liquid, the one or more liquid components, or the liquid scintillation cocktail.
Claim 7 recites a limitation “a radioactive sample” in line 7, which renders the claim indefinite. It is unclear whether the radioactive sample refers to the sample.
Claim 7 recites a limitation “an incorporated sample” in line 8, which renders the claim indefinite. It is unclear whether the incorporated sample refers to the sample or the radioactive sample.
Claim 7 recites a limitation “the sample” in line 10, which renders the claim indefinite. It is unclear whether the limitation refers to the sample or the radioactive sample.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS. —Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 6 recites an intended result, which fails to further limit the subject matter of claim 1. Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 10, the prior art failed to disclose or fairly suggested a method of measuring alpha particles or beta particles emitted from a plurality of samples by a liquid scintillation as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rodriguez Barquero et al. (U. S. Patent No. 7,294,286 B2) disclosed a cocktail composition for liquid scintillation measurements.
Oikari et al. (U. S. Patent No. 5,198,364 A) disclosed a method for performing counting by a liquid scintillation and a detection material.
Valenta et al. (U. S. Patent No. 5,146,093 A) disclosed a measurement system by a liquid scintillation with an active guard shield.
Grodzins (U. S. Patent No. 4,920,270 A) disclosed a detection of radon.
Perlman (U. S. Patent No. 4,920,269 A) disclosed a liquid scintillation solution for measuring 222Rn in charcoal.
Horrocks (U. S. Patent No. 4,661,705 A) disclosed determinations of a quench, a volume, and an activity in a liquid scintillation flow system.
Long (U. S. Patent No. 4,001,139 A) disclosed a liquid scintillation solution.
Kauffman (U. S. Patent No. 3,939,094 A) disclosed compositions and a process for counting by a liquid scintillation.
Krumbiegel et al. (U. S. Patent No. 3,711,421 A) disclosed liquid scintillation mixtures containing a perdeuterized solvent and/or a solubility increasing agent.
Shamoo (U. S. Patent No. 3,676,360 A) disclosed liquid scintillators.
Maeder et al. (U. S. Patent No. 3,666,683 A) disclosed a scintillation composition containing oxdiazole.
Maeder et al. (U. S. Patent No. 3,650973 A) disclosed a method for scintillation counting.
Y. Kobayashi et al., Liquid Scintillation Analysis, Michael J. Kessler, Ph.D., Editor, Revvity 2025.
Alessandro Carlini et al., A methodology for alpha particles identification in liquid scintillation using a cost-efficient Artificial Neural Network, Nuclear Instruments and Methods in Physics Research A 1064 (2024) 169369.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allen C. Ho, whose telephone number is (571) 272-2491. The examiner can normally be reached Monday - Friday 10AM - 6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David J. Makiya, can be reached at (571) 272-2273. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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Allen C. Ho, Ph.D.
Primary Examiner
Art Unit 2884
/Allen C. Ho/Primary Examiner, Art Unit 2884 Allen.Ho@uspto.gov