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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 9-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by AMICK (US Pub # 2005/0188790).
Regarding claims 1 and 9, Amick discloses an X-ray shielding material and method of making, comprising sintering a body containing a metal binder and a metal powder of metal having an atomic number that is equal to or larger than an atomic number of the metal binder (W—Cu—Ni alloy comprises a metal binder of copper and nickel, and metal powder of Tungsten; [0003]). It is noted that the intended use of the apparatus (x-ray shielding) is not limiting of the structure of the claim. See MPEP 2111.02(II) for details.
Regarding claims 2 and 10, Amick discloses wherein the metal binder is formed of at least one or more kinds of metal having an atomic number of 13 or larger, and the metal powder is formed of at least one or more kinds of metal having an atomic number of 56 or larger (W—Cu—Ni alloy; [0003]).
Regarding claims 3 and 11, Amick discloses the metal binder configured by any one of iron, copper, and nickel, and the metal powder is configured by tungsten (W—Cu—Ni alloy; [0003]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZOU et al. (US Pub # 20090185660) in view of AMICK (US Pub # 2005/0188790).
Regarding claims 4-6, ZOU discloses an X-ray inspection apparatus (FIG. 10) comprising: an X-ray generator that generates X-rays (source 214); an X-ray detector that detects the X-rays (detector assembly; [0049]); and a shielding member that shields the X-rays (FIG 2 shows anode shield 40 surrounding the anode source 38; [0034-0038]). ZOU does not disclose the X-ray shielding material according to Claims 1-3 is used as the shielding member. In the same field of x-ray shielding, AMICK discloses an x-ray shielding comprising the shielding material according to claims 1-3 ([0003]), with the benefit of being lighter than tungsten. In light of the teachings of AMICK, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine with the teachings of ZOU.
Regarding claim 7, ZOU discloses wherein a box that accommodates the X-ray generator and/or a housing in which the box is accommodated is formed by the shielding member (FIG 2).
Claim(s) 4 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over HARGROVE (US Pub # 20080149864) in view of AMICK (US Pub # 2005/0188790).
Regarding claim 4, HARGROVE discloses an X-ray inspection apparatus (FIG. 1) comprising: an X-ray generator that generates X-rays (x-ray source implicit from x-ray scanner 103); an X-ray detector that detects the X-rays (detectors implicit from x-ray scanner 103; [0005-0006]); and a shielding member that shields the X-rays (strip curtains 202-205; FIG 2; [0030]). HARGROVE discloses the curtains comprising tungsten, but does not disclose the X-ray shielding material according to Claim 4 is used as the shielding member. In the same field of x-ray shielding, AMICK discloses an x-ray shielding comprising the shielding material according to claim 4 ([0003]), with the benefit of being lighter than tungsten. In light of the teachings of AMICK, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine with the teachings of ZOU.
Regarding claim 8, HARGROVE discloses wherein the shielding member is disposed in a curtain shape on a transport path on which an inspection object is transported from a transport inlet to a transport outlet inside the apparatus (FIG 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY BRYANT whose telephone number is (571)270-7329. The examiner can normally be reached M-F // 7-3P EST.
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, UZMA ALAM can be reached at 571-272-3995. 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.
CASEY BRYANT
Primary Examiner
Art Unit 2884
/CASEY BRYANT/Primary Examiner, Art Unit 2884
Prosecution Insights