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 .
Status of Claims
A reply was filed on 08/11/2026. The amendments to the claims and drawings have been entered. Claims 1-17 are pending in the application and examined herein.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 feature of the “second target cable coupled to a second housing containing a second target radioisotope” in claims 15 and 17 must be shown or the feature canceled from the claims. 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 Rejections - 35 USC § 112(b)
Claims 7 and 13 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 7 and 13 recite “wherein an operational parameter of the reactor core is adjusted based on the [measured/sensed] radiation activity”. Parent claims 1 and 8 are directed towards a “system for measuring radiation activity of a target radioisotope being produced in a reactor core”. The parent claims are directed towards an apparatus that is intended to be used with a reactor core, and are not directed towards a method or the reactor core itself. However, claims 7 and 13 appear to be directed towards an intended operation of the reactor core. The claims would therefore appear to provide language that suggest or make optional, but do not require, a step (adjusting an operational parameter of the reactor core) to be performed. It is therefore unclear how the claims are intended to further limit the structure of the system of the parent claims. Additionally, it is unclear the structure(s) of the claimed “system[s]” which allow for the “operational parameter of the reactor core [to be] adjusted”.
Claim Rejections - 35 USC § 103
Claims 1-2, 4, 6, 8, 10, 12, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication No. 2011/0051874 (“Allen”) in view of CN Publication No. 106128539 (“Ceng”)1.
Regarding claims 1-2 and 8, Allen (newly cited) (see FIGS. 1-3, 7) discloses a system for producing a target radioisotope (130) being in a reactor core (15) ([0002], [0007], [0027]), the system comprising:
a cable assembly, comprising:
a housing/enclosure (122), wherein the target radioisotope is positioned/positionable within the housing/enclosure ([0032], [0046]);
a target cable (120, 124) coupled to the housing/enclosure and configured to position the housing/enclosure, wherein the target cable is movable between an inserted position corresponding to the target radioisotope/enclosure being positioned in the reactor core and a retracted position corresponding to the target radioisotope/enclosure being positioned outside of the reactor core ([0027], [0030]-[0031], [0036]-[0037], [0048]); and
a drive cable (110) selectively couplable and decouplable with the target cable, wherein the drive cable is configured to drive the target cable between the inserted position and the retracted position ([0030]-[0033]), and wherein the drive cable is coupled to the housing/enclosure via the target cable such that the target cable is positioned (at least in part) between the housing/enclosure and the drive cable.
Allen discloses irradiating the target radioisotope to completion of the desired irradiation levels ([0037], [0055]), but appears to be silent as to a mechanism for determining completion. Ceng (previously cited) (see FIGS. 1, 3) is also directed towards a method for producing a target radioisotope (116) by inserting and withdrawing the target radioisotope into/from an instrumentation tube (104) of a reactor core (102) (p. 2: “a core irradiation subsystem for moving at least one radiation object into an instrument tube of the nuclear reactor for irradiation treatment”; p. 6: “[the target radioisotope] can be sent to the core position ... and activated by the neutron to become a radioactive source. The irradiated ball is returned to the measuring platform”). Ceng teaches a radiation detector/sensor (115, 303) configured to periodically measure/sense the radiation activity of the target radioisotope being produced (p. 5: “when the irradiated small ball 116 passes back to the measuring platform 112 ... the activity detection is performed through the push rod 115 equipped with the semiconductor detector”). Ceng further teaches the radiation detector/sensor provides the advantages of automatic and quick real-time detection to confirm the target radioisotopes meet the required activity (p. 3: “The system provided by the invention has the advantages of satisfying the measurement requirement of the neutron fluence rate in the heap, meeting the requirements of the medical short-lived source activity, meeting the requirements of rapid transportation, and meeting the automation requirements”; see also pp. 4, 6, 8). It would have therefore been obvious to a person having ordinary skill in the art before the effective filing date (“POSA”) to include a radiation detector/sensor as taught by Ceng in Allen’s system for the monitoring benefits thereof. Thus, modification of Allen in order to determine and ensure the target radioisotope being produced meets the required radiation activity, as suggested by Ceng, would have been obvious to a POSA.
Regarding claims 4 and 10, Allen in view of Ceng teaches the system of Claims 2 and 8. Ceng teaches the radiation detector/sensor is configured to measure/sense the radiation activity of the target radioisotope when the target radioisotope is positioned outside of the reactor core (i.e., when the “target cable” is in the claimed “retracted position”) (FIG. 1, p. 5: “when the irradiated small ball 116 passes back to the measuring platform 112 ... the activity detection is performed through the push rod 115 equipped with the semiconductor detector”). Thus, Allen, modified to include the radiation detector/sensor as taught by Ceng, would have resulted in the features of claims 4 and 10.
Regarding claims 6 and 12, Allen in view of Ceng teaches the system of Claims 1 and 8. Ceng teaches the radiation detector/sensor is configured to measure/sense the radiation activity of the target radioisotope during a reactor operating cycle (p. 5: “when the irradiated small ball 116 passes back to the measuring platform 112 ... the activity detection is performed through the push rod 115 equipped with the semiconductor detector.... If the activity of the pellet 116 does not meet the medical short life requirement, it is controlled by nitrogen back to the core 102 to continue the irradiation treatment”). Thus, Allen, modified to include the radiation detector/sensor as taught by Ceng, would have resulted in the features of claims 6 and 12.
Regarding claims 14 and 16, Allen in view of Ceng teaches the system of claims 1 and 8. Allen discloses the drive cable is coupled to the target cable at a coupling interface (113, 114), and wherein the drive cable is coupled to the housing/enclosure only through the coupling interface and the target cable (FIG. 3, [0032]-[0033]).
Claims 3, 9, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Allen in view of Ceng further in view of US Publication No. 2019/0108921 (“Heibel”).
Regarding claims 3 and 9, Allen in view of Ceng teaches the system of Claims 2 and 8. Allen discloses the drive cable is configured to decouple from the target cable ([0033], [0037]-[0038]), but does not appear to disclose the drive cable is configured to decouple from the target cable when the target cable is in the inserted position. Heibel (previously cited) (see FIGS. 1-3) is similarly directed towards a system for producing a target radioisotope (72) in a reactor core (14) ([0007], [0021], [0023]), the system comprising a target assembly (48) that is movable between an inserted position in the reactor core and a retracted position outside of the reactor core and selectively couplable and decouplable with a drive cable (36) ([0013], [0021]-[0022]). Heibel teaches the drive cable is configured to decouple from the target assembly when the target assembly is in the inserted position ([0011], [0013], [0023]-[0024]). Heibel further teaches this provides the advantages of enabling the insertion of various different target radioisotopes for simultaneous irradiation and radioisotope production, thereby improving efficiency ([0013]-[0014], [0023]-[0024]). It would have therefore been obvious to a POSA to configure the modified Allen’s drive cable to decouple from the target cable when the target cable is in the inserted position, as taught by Heibel, for the benefits thereof. Thus, further modification of Allen in order to enhance radioisotope production efficiency, as suggested by Heibel, would have been obvious to a POSA.
Regarding claims 15 and 17, Allen in view of Ceng teaches the system of claims 1 and 8. Allen discloses the drive cable is configured to decouple from the target cable ([0033], [0037]-[0038]), but does not appear to disclose a second target cable coupled to a second housing/enclosure. Heibel (see FIGS. 1-3) is similarly directed towards a system for producing a target radioisotope (72) in a reactor core (14) ([0007], [0021], [0023]), the system comprising a target assembly (48) that is movable between an inserted position in the reactor core and a retracted position outside of the reactor core and selectively couplable and decouplable with a drive cable (36) ([0013], [0021]-[0022]). Heibel teaches the drive cable is configured to decouple from the target assembly and couple to a second target assembly ([0011], [0013], [0023]-[0024]). Heibel further teaches this provides the advantages of enabling the insertion of various different target radioisotopes for simultaneous irradiation and radioisotope production, thereby improving efficiency ([0013]-[0014], [0023]-[0024]). It would have therefore been obvious to a POSA to include a second target cable assembly (including a second target cable and a second housing/enclosure containing a second target radioisotope) in the modified Allen’s system, as taught by Heibel, for the benefits thereof. Thus, further modification of Allen in order to enhance radioisotope production efficiency, as suggested by Heibel, would have been obvious to a POSA.
Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Allen in view of Ceng further in view of US Patent No. 3,787,697 (“Shields”).
Regarding claims 5 and 11, Allen in view of Ceng teaches the system of Claims 1 and 8, but does not appear to teach the radiation detector/sensor comprises a platinum self-powered detector. Shields (previously cited) (see FIG. 1) is similarly directed towards a radiation detector/sensor configured to measure/sense radiation activity and teaches a platinum self-powered radiation detector (Abstract). Shields further teaches the platinum self-powered radiation detector provides the advantages of simultaneously and promptly responding to both neutron and gamma flux intensities and produces a relatively high electrical current output in response to a flux intensity (2:35-48). It would have therefore been obvious to a POSA to use a platinum self-powered radiation detector, as taught by Shields, in the modified Allen’s system for the detection benefits thereof (e.g., to ensure quick and easily readable results). Thus, further modification of Allen in order to provide a high total prompt electrical current output, as suggested by Shields, would have been obvious to a POSA.
Claims 7 and 13, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Allen in view of Ceng and, if necessary, further in view of US Publication No. 2021/0358647 (“Reese”).
Regarding claims 7 and 13, Allen in view of Ceng teaches the system of Claims 1 and 8. Allen discloses operational parameters of the reactor core may be varied ([0007], [0024], [0058]-[0059]). Therefore, the modified Allen’s reactor core would have been capable of being adjusted based on the measured/sensed radiation activity. Nevertheless, if necessary, because Allen does not explicitly disclose adjusting operation parameters of the reactor core based on the measured/sensed radiation activity, Reese is cited. Reese (previously cited) (see FIGS. 5-6) is also directed towards a system for producing a target radioisotope in a reactor core (502) ([0019]-[0020]). Reese teaches adjusting an operational parameter of the reactor core based on a measured/sensed radiation activity ([0060]-[0063]). Reese further teaches this provides the advantages of optimizing isotope production ([0069]). It would have therefore been obvious to a POSA to adjust an operational parameter of the modified Allen’s reactor core based on the measured/sensed radiation activity, as taught by Reese, for the optimized performance benefits thereof. Thus, further modification of Allen in order to maximize sample irradiation and optimize isotope production, as suggested by Reese, would have been obvious to a POSA.
Response to Arguments
Applicant’s amendments to the drawings and claims overcome the prior drawing objections and 35 U.S.C. 112(b) rejections, but have created new issues as discussed above.
Applicant’s arguments directed towards the prior art rejections have been fully considered, but are directed towards newly added and/or amended claim language and are therefore addressed in the rejections above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. Prosecution on the merits is closed. See MPEP 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
RCE Eligibility
Since prosecution is closed, this application is now eligible for a request for continued examination (RCE) under 37 CFR 1.114. Filing an RCE helps to ensure entry of an amendment to the claims, specification, and/or drawings.
Interview Information
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.
Contact Information
Examiner Jinney Kil can be reached at (571) 270-5217, on Monday-Thursday from 8:30AM-6:30PM ET. Supervisor Jack Keith (SPE) can be reached at (571) 272-6878.
/JINNEY KIL/Examiner, Art Unit 3646
1 Citations to Ceng refer to the machine translation provided in parent application 16/878,293 with the PTO-892 dated 07/07/2022
Prosecution Insights