Prosecution Insights
Last updated: September 17, 2026
Application No. 18/714,432

APPARATUS FOR CLASSIFYING RADIOACTIVE WASTE, AND SYSTEM FOR CLASSIFYING NUCLEAR FACILITY DISMANTLEMENT WASTE COMPRISING SAME

Non-Final OA §102§103
Filed
May 29, 2024
Priority
Nov 29, 2021 — RE 10-2021-0167673 +1 more
Examiner
DEVINE, MOLLY K
Art Unit
3653
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Bns Co. Ltd.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
167 granted / 247 resolved
+15.6% vs TC avg
Strong +31% interview lift
Without
With
+31.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
38 currently pending
Career history
282
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
51.2%
+11.2% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
25.9%
-14.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 247 resolved cases

Office Action

§102 §103
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 Claim 2 is objected to because of the following informalities: In claim 2, “located a side of” should read “located at a side of”. Appropriate correction is required. Claim Rejections - 35 USC § 102 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. Claims 1-2, 5-6 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seo et al. (KR 101973035). English translations of Seo et al. (KR 101973035) have been provided herein. Regarding claim 1, Seo et al. (KR 101973035) teaches an apparatus for classifying radioactive waste (Paragraph 0001 lines 1-11), the apparatus comprising: a first inspection module (Fig. 8 #60) configured to measure whether an amount of radiation emitted by an inspection target is less than or equal to a first reference amount (Paragraph 0059 lines 1-4, Paragraph 0066 lines 1-4) while the inspection target is moved along a first direction (Fig. 8 left to right direction along #40) being one direction being perpendicular to an up/down direction (Fig. 8 left to right direction along #40 perpendicular to an up/down direction); and a second inspection module (Fig. 8 #130) configured to measure whether an amount of radiation emitted by the inspection target is less than or equal to a second reference (Paragraph 0028 lines 4-7) amount being smaller than the first reference amount (Paragraph 0028 lines 1-7, second reference 0.5 Bq/g smaller than first reference 1 Bq/g) by re-inspecting the inspection target when the amount of the radiation emitted by the inspection target, which is measured by the first inspection module, is less than or equal to the first reference amount (Paragraph 0059 lines 1-4, Paragraph 0028 lines 1-7, Paragraph 0088 lines 1-3). Regarding claim 2, Seo et al. (KR 101973035) teaches the apparatus of claim 1, wherein the first inspection module (Fig. 8 #60) includes: a first module body (Fig. 3 see body of #60) extending along the first direction (Fig. 3 see body of #60 extending along left to right direction of #40), and including a first inspection passage (Fig. 8 see passage formed by #60 and housing supporting #60) configured such that the inspection target passes through an interior thereof (Fig. 8 material travels through interior of passage formed by #60 and housing supporting #60); and a first sensor part (Fig. 2 #62) located a side of the first inspection passage in the first direction (Fig. 2 #62 located at a top side of inspection passage formed by #60), and configured to measure the amount of the radiation emitted by the inspection target (Paragraph 0017 lines 18-27). Regarding claim 5, Seo et al. (KR 101973035) teaches the apparatus of claim 2, wherein the first inspection module (Fig. 8 #60) further includes: a first shield part covering the first module body, and configured to shield external radioactive rays from being introduced to an inside of the first module body (Paragraph 0017 lines 20-24). Regarding claim 6, Seo et al. (KR 101973035) teaches the apparatus of claim 1, wherein the second inspection module (Fig. 8 #130) is configured to: locate the inspection target in a second reference area in an interior of the second inspection module (Fig. 8 interior of #130) for a reference time period to measure an amount of radiation emitted by the inspection target for the reference time period is less than or equal to the second reference amount (Paragraph 0028 lines 3-7, Paragraph 0090 lines 1-2). Regarding claim 18, Seo et al. (KR 101973035) teaches a system for classifying nuclear facility dismantlement waste (Paragraph 0001 lines 1-11), the system comprising: a radioactive waste classifying apparatus configured to measure an amount of radiation of nuclear facility dismantlement waste being waste generated when a nuclear facility is dismantled to classify the nuclear facility dismantlement waste (Paragraph 0017 lines 1-15); and a controller (Fig. 1 #80) configured to control the radioactive waste classifying apparatus (Paragraph 0067 line-Paragraph 0068 line 3), wherein the radioactive waste classifying apparatus includes: a first inspection module (Fig. 8 #60) configured to measure whether an amount of the radiation emitted by the nuclear facility dismantlement waste is less than or equal to a first reference amount (Paragraph 0059 lines 1-4, Paragraph 0066 lines 1-4); a second inspection module (Fig. 8 #130) configured to measure whether the amount of the radiation emitted by the nuclear facility dismantlement waste is less than or equal to a second reference amount (Paragraph 0028 lines 4-7) being smaller than the first reference amount (Paragraph 0028 lines 1-7, second reference 0.5 Bq/g smaller than first reference 1 Bq/g) by re-inspecting the nuclear facility dismantlement waste when the amount of the radiation emitted by the nuclear facility dismantlement waste, which is measured by the first inspection module, is less than or equal to the first reference amount (Paragraph 0059 lines 1-4, Paragraph 0028 lines 1-7, Paragraph 0088 lines 1-3); and a storage part configured to classify and store the nuclear facility dismantlement waste based on inspection results of the first inspection module and the second inspection module (Paragraph 0090 lines 1-2). Claim Rejections - 35 USC § 103 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 3, 7-8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (KR 101973035) in view of Kyun et al. (KR 20150016796). English translations of Kyun et al. (KR 20150016796) have been provided herein. Regarding claim 3, Seo et al. (KR 101973035) lacks teaching the apparatus of claim 2, wherein the first sensor part includes: a plurality of first sensor members arranged along a second direction being one direction being perpendicular to the up/down direction and the first direction. Kyun et al. (KR 20150016796) teaches an apparatus for classifying radioactive waste (Paragraph 0001 lines 1-3), wherein the first sensor part (Fig. 3 #221) includes: a plurality of first sensor members (Fig. 3 #2210 of #221) arranged along a second direction being one direction being perpendicular to the up/down direction and the first direction (Fig. 3 see #2210 arranged in second direction perpendicular to up/down direction and right to left direction of #210). Kyun et al. (KR 20150016796) explains that since a plurality of radiation measuring instruments are provided, for samples where the source of contamination cannot generally be estimated, the total radiation dose is selected, and for samples where the source of contamination can be specifically identified, a selection by source type is made to perform a more precise measurement (Paragraph 0041 lines 1-7). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Seo et al. (KR 101973035) to include wherein the first sensor part includes: a plurality of first sensor members arranged along a second direction being one direction being perpendicular to the up/down direction and the first direction as taught by Kyun et al. (KR 20150016796) in order to control the measurement method depending on the type of sample, the type of radiation to be measured, or the purpose of measurement. Regarding claim 7, Seo et al. (KR 101973035) lacks teaching the apparatus of claim 1, further comprising: a pallet configured such that the inspection target is seated thereon; and a rail part configured such that the pallet is seated thereon to be movable. Kyun et al. (KR 20150016796) teaches an apparatus for classifying radioactive waste (Paragraph 0001 lines 1-3), comprising: a pallet (Paragraph 0054 lines 2-4) configured such that the inspection target is seated thereon (Fig. 3 see #211 seated on “container”); and a rail part (Fig. 3 #210) configured such that the pallet is seated thereon to be movable (Paragraph 0055 lines 1-2). Kyun et al. (KR 20150016796) explains that since there is risk that moisture or soil may remain in the material and contaminate the conveyor, it is preferably to prepare the material in a container and transport it (Paragraph 0054 lines 2-4). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Seo et al. (KR 101973035) to include a pallet configured such that the inspection target is seated thereon; and a rail part configured such that the pallet is seated thereon to be movable as taught by Kyun et al. (KR 20150016796) in order to prevent contamination in the apparatus. Regarding claim 8, Seo et al. (KR 101973035) lacks teaching the apparatus of claim 7, further comprising: a motor part coupled to the pallet and configured to move the pallet, wherein the motor part is configured to: move the pallet at a first movement speed before the pallet or the inspection target seated on the pallet is located in a first reference area in an interior of the first inspection module; and move the pallet at a second movement speed being lower than the first movement speed when the pallet or the inspection target seated on the pallet is located in the first reference area. Kyun et al. (KR 20150016796) teaches an apparatus for classifying radioactive waste (Paragraph 0001 lines 1-3), comprising: a motor part (Fig. 2 #261, Paragraph 0038 lines 1-8) coupled to the pallet and configured to move the pallet (Paragraph 0038 line 6-8, Paragraph 0054 lines 2-4), wherein the motor part is configured to: move the pallet (Fig. 3 see #211 seated on “container”) at a first movement speed before the pallet or the inspection target seated on the pallet is located in a first reference area in an interior of the first inspection module (Fig. 3 speed of #211 before it is located in #220); and move the pallet (Fig. 3 see #211 seated on “container”) at a second movement speed being lower than the first movement speed when the pallet or the inspection target seated on the pallet is located in the first reference area (Paragraph 0031 lines 8-11). Kyun et al. (KR 20150016796) explains that the speed of the conveyor is slowed down to measure the radiation when the expected contaminant moves to the second measuring unit, thereby allowing a large amount of quarantine targets to be processed quickly (Paragraph 0031 lines 8-11). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Seo et al. (KR 101973035) to include a motor part coupled to the pallet and configured to move the pallet, wherein the motor part is configured to: move the pallet at a first movement speed before the pallet or the inspection target seated on the pallet is located in a first reference area in an interior of the first inspection module; and move the pallet at a second movement speed being lower than the first movement speed when the pallet or the inspection target seated on the pallet is located in the first reference area as taught by Kyun et al. (KR 20150016796) in order to slow the material down while it is inspected, thus allowing a large amount of material to be processed quickly. Regarding claim 17, Seo et al. (KR 101973035) teaches the apparatus of claim 7, further comprising: a decontamination part (Paragraph 0078 lines 1-4), and configured to decontaminate the inspection target (Paragraph 0078 lines 1-4). As stated previously, Seo et al. (KR 101973035) lacks teaching a rail part configured such that a pallet is seated thereon. Seo et al. (KR 101973035) however explains that the radioactive contaminated soil is treated with a decontamination agent to remove radioactive nuclides from the soil (Paragraph 0004 lines 1-5). Had the modification been made as explained regarding claim 7, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Seo et al. (KR 101973035) to include a decontamination part coupled to the rail part, and configured to decontaminate the inspection target seated on the pallet in order to remove radioactive nuclides from the soil. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (KR 101973035) in view of Lee et al. (KR 20180050016). English translations of Lee et al. (KR 20180050016) have been provided herein. Regarding claim 4, Seo et al. (KR 101973035) lacks teaching the apparatus of claim 2, wherein the first sensor part includes: a (1-1)-th sensor member; and a (1-2)-th sensor member having an energy resolution being higher than that of the (1-1)-th sensor member. Lee et al. (KR 20180050016) teaches an apparatus for classifying radioactive waste (Paragraph 0001 lines 1-6), wherein the first sensor part (Fig. 1 #7) includes: a (1-1)-th sensor member (Fig. 5 #15a); and a (1-2)-th sensor member (Fig. 5 #15b) having an energy resolution being higher than that of the (1-1)-th sensor member (Paragraph 0044 lines 1-8). Lee et al. (KR 20180050016) explains that to increase the measurement rate of radiation with low material penetration power, such as alpha and beta, a measurement component capable of improving resolution can be attached to the surface of the measuring instrument (Paragraph 0044 lines 1-8) It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Seo et al. (KR 101973035) to include wherein the first sensor part includes: a (1-1)-th sensor member; and a (1-2)-th sensor member having an energy resolution being higher than that of the (1-1)-th sensor member as taught by Lee et al. (KR 20180050016) in order to increase the measurement rate of radiation with low material penetration power, therefore improving the inspection. Allowable Subject Matter Claims 9-16 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: Claim 9 recites “a third rail extending along a second direction being one direction being perpendicular to the up/down direction and the first direction from a distal end of the second rail in the first direction; a fourth rail extending along an opposite direction to the first direction from a distal end of the third rail in the second direction; and a fifth rail extending in an opposite direction to the second direction from a distal end of the fourth rail in an opposite direction to the first direction, connected to the distal end of the first rail in the first direction, and to which the second inspection module is coupled” wherein this configuration, in combination with the remaining limitations recited in claims 1, 7 and 9, was not seen in the searched prior art. The prior art more commonly showed a linear conveying system with the second inspection module placed linearly downstream from the first inspection module. Claims 10-16 would be allowed as they are dependent upon claim 9. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Molly K Devine whose telephone number is (571)270-7205. The examiner can normally be reached Mon-Fri 7:00-4:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MOLLY K DEVINE/ Examiner, Art Unit 3653
Read full office action

Prosecution Timeline

May 29, 2024
Application Filed
Jun 26, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+31.3%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 247 resolved cases by this examiner. Grant probability derived from career allowance rate.

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