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 Rejections - 35 USC § 102
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 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, 4-13, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2003/0225531A1 [hereinafter Lingren].
Regarding Claim 1:
Lingren teaches a prompt gamma neutron activation analysis (PGNAA) apparatus for measuring prompt gamma rays emitted by irradiating a material to be analyzed with neutrons, the PGNAA apparatus (Abstract: “A substance analyzer utilizing Prompt Gamma Neutron Activation Analysis for identifying characteristics of a substance”) comprising:
a case (Fig. 3 – inner container 306) having a predetermined thickness;
a neutron shield (Fig. 3 - shielding material 320) disposed inside the case and having a predetermined thickness (para. [0052]: “Moderating/reflecting/shielding material 320 can be inserted and arranged in the inner structure of the analyzer, generally within the inner container 306”)
with a source space (space surrounding neutron source 316) in which a neutron source (Fig. 3-nuetro source 316) is disposed and a target space (Fig. 3- sample volume 330) extending on one side of the source space for inserting the target material (Fig. 3- sample 334) therein;
a gamma-ray measurement passage (Figs. 3 and 3b - detector housing 312) communicating with the outside by penetrating the neutron shield and the case from the target space (Figs. 3b and para. [0050]: “the detector housing 312 is a tubular fitting that passes through the housing 302 generally perpendicular to, and extending radially inward towards, the longitudinal axis 311 of the analyzer 300.” Fig. 3b further shows the detector housing 312 extends from the sample volume 330); and
a gamma meter (Fig. 3- gamma-ray detector 314) disposed outside adjacent to the gamma-ray measurement passage to measure prompt gamma rays emitted from the target material (Fig. 3 and para. [0050]: Lingren teaches detector 314 installed in detector housing 312 which is a “tubular fitting” and any detector orientation “that allows the detector to receive gamma rays from the sample” may be used. Thus, although Fig. 3 illustrates detector 314 positioned within housing 312, it can also be positioned immediately outside and adjacent to the end of tubular housing 312, so long as the detector remains aligned with the passage to receive gamma rays from the sample).
Regarding Claim 4:
Lingren teaches the PGNAA apparatus of claim 1. Lingren further teaches wherein an outer wall of the case is covered with a neutron absorber made of one of boron carbide (B4C), borated steel, and cadmium (Cd) (Fig. 3 and para. [0048]: “A gap between the outer container 304 and the inner container 306 is filled with a shielding material 308… The neutron-absorbing ingredient can be any material that absorbs neutrons... such as for example boron, cadmium”).
Regarding Claim 5:
Lingren teaches the PGNAA apparatus of claim 1. Lingren further teaches wherein the neutron shield is made one of polyethylene (HDPE), titanium hydride (TiH2), zirconium borohydride (Zr(BH4)4), magnesium borohydride (Mg(BH4)2), and yttrium dihydride (YH2) ) (Fig. 3 and para. [0053]: “The moderating /reflecting/shielding materials 320 can include materials such as polyethylene, carbon, bismuth, lead, and boron”).
Regarding Claim 6:
Lingren teaches the PGNAA apparatus of claim 1. Lingren further teaches that the “The reduction in shielding material and the radiation emission levels can be carefully controlled to allow for reduced size and weight of the analyzer 300 while maintaining safe levels of radiation emission outside the analyzer 300” (para. [0049]). Therefore, the thickness of the neutron shield was recognized in the art as a result-effective variable, and it would have been obvious to routinely optimize the thickness, including to a thickness of 30-34 cm, to obtain a desired degree of neutron shielding while balancing the side and weight of the apparatus.
Regarding Claim 7:
Lingren teaches the PGNAA apparatus of claim 1. Lingren further teaches the target space is a space having a predetermined depth and formed in a rectangular shape (Fig. 3b and para. [0066]: “sample volume 550, formed in the analyzer 500 is substantially rectangular”).
Further, since the source space is provided to accommodate the neutron source whereas the target space is provided to accommodate the sample material, it would have been obvious to configure the respective spaces according to the dimensions of the components received therein, such that the source space would accordingly be made larger than the target space to accommodate the larger source assembly while avoiding unnecessary enlargement of the sample space.
Regarding Claim 8:
Lingren teaches the PGNAA apparatus of claim 7. Lingren further teaches wherein the target space has a depth of 15.5 cm to 16.5 cm (para. [0055]: “the sample holder 325 may be a 4-inch, ABS pipe.” Since the depth of sample volume 330 would have been selected based on the size of the sample and sample holder to be accommodated therein, it would have been obvious to configure the target space with a depth greater than the disclosed 4 inches, including a depth within the claimed 15.5-16.5 cm range, to provide sufficient clearance of receiving the sample).
Regarding Claim 9:
Lingren teaches the PGNAA apparatus of claim 7. Lingren further teaches wherein the gamma-ray measurement passage extends in a direction perpendicular to an inner wall of the target space or extends at a certain angle in a vertical direction (para. [0050]: “the detector housing 312 is a tubular fitting that passes through the housing 302 generally perpendicular to, and extending radially inward towards, the longitudinal axis 311 of the analyzer 300”).
Regarding Claim 10:
Lingren teaches the PGNAA apparatus of claim 9. Lingren further teaches wherein the gamma-ray measurement passage is formed to have a circular cross-section (para. [0050]: “the detector housing 312 is a tubular fitting”).
Regarding Claim 11:
Lingren teaches the PGNAA apparatus of claim 1. Lingren further teaches wherein an inner wall of the gamma-ray measurement passage is covered with a gamma-ray shield (paras. [0050, 0052]: Lingren teaches the “detector housing 312 can include shielding around and in front of and/or behind the detector 314”. Lingren further teaches “shielding material 320 shield neutron-source gamma rays … also reduce unwanted radiation in the detector and act to reflect neutrons back toward the sample 334.” Thus, it would be obvious to cover the inner surface of the passage with gamma ray shielding material to shield the detector 314).
Regarding Claim 12:
Lingren teaches the PGNAA apparatus of claim 11. The thickness of radiation shielding is a result-effective variable affecting the degree of radiation attenuation, and thus it would be obvious to routinely optimize the thickness of the grammar ray shield, including to 1 cm or more, to obtain a desired degree of gamma ray attenuation.
Regarding Claim 13:
Lingren teaches the PGNAA apparatus of claim 11. Lingren further teaches wherein the gamma-ray shield is made of lead (Pb) (para. [0053]: “The moderating/reflecting/shielding materials 320 can include materials such as polyethylene, carbon, bismuth, lead”).
Regarding Claim 18:
Lingren teaches the PGNAA apparatus of claim 1. Lingren further teaches wherein the target space communicates with a penetration portion formed for a conveyor belt (Fig. 6 - conveyor belt 615) on which the target material is placed to penetrate the case and the neutron shield (Fig.6 and para. [0071]: “one embodiment of an analyzer 600, capable of analyzing bulk material 610 being transported on a conveyor belt 615”).
Regarding Claim 19:
Lingren teaches the PGNAA apparatus of claim 18.
Lingren teaches a sample volume extending through the analyzer with an open entrance end and open exit end, and the material flows through that sample volume while being analyzed. Lingren also teaches that a conveyor passage can move material through the analyzer. As such, it would have been obvious to configure the height of the entrance/penetration portion to be equal to the height of the target space so as to provide a continuous, unobstructed passage of substantially uniformed height for conveying the target material through the target space.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Lingren in view of Oh, K. (2022). Neutronic design of pulsed neutron facility (PNF) for PGNAA studies of biological samples. Nuclear Engineering and Technology, 54(1), 262–268 [hereinafter Oh].
Regarding Claim 2:
Lingren teaches the PGNAA apparatus of claim 1. However, Lingren does not expressly teach that wherein an inner wall of the target space is covered with a moderator made of one of metallic beryllium (Be), beryllium oxide (BeO), magnesium oxide (MgO), light water (H2O), and heavy water (D20).
Oh teaches an inner wall of the target space is covered with a moderator made of one of metallic beryllium (Be), beryllium oxide (BeO), magnesium oxide (MgO), light water (H2O), and heavy water (D20) (Fig. 2 and Pages 3-4: apply moderating layer “for increasing the thermalized neutrons at the innermost surface of the beam port of the detection system.” As shown in Fig. 2 the sample is located inside the detection system (“target space”). “The materials for the moderating layer considered were boron carbide, borated polyethylene, water, heavy”).
Therefore, it would have been obvious for an ordinary skilled person in the art, before the effective time of filing, to provide the moderator material taught by Oh along the inner wall of Lingren’s sample volume so that neutron entering the sample region are moderated immediately adjacent to the sample, thereby increasing the thermal neutron population available for interaction with the sample.
Regarding Claim 3:
Lingren in view of Oh teaches the PGNAA apparatus of claim 2. Oh further teaches the moderator has a thickness of 3.5 cm to 4.5 cm (page 4: simulations were performed using different thickness of the moderating layers, “0, 2.54, 5.08, and 10.16 cm… to determine the optimal thickness of the material for the moderating layer”, indicating thickness is treated as a variable affecting neutron thermalization/optimization, and thus the claimed 3.5-4.5 cm range is a known result-effective variable).
Claims 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lingren in view of US 2021/0327673 A1 [hereinafter Tickner].
Regarding Claim 14:
Lingren teaches the PGNAA apparatus of claim 1. However, Lingren does not expressly teach that a dummy neutron shield formed inside the case, the dummy neutron shield being formed integrally with the neutron shield and having a size larger than or equal to a size of the target space.
Tickner teaches a dummy neutron shield formed inside the case, the dummy neutron shield being formed integrally with the neutron shield and having a size larger than or equal to a size of the target space (annotated Fig. 1 below and paras. [0084-0085]: the “dummy neutron shield” formed by the neutron attenuation shield 121, being formed integrally with the “neutron shield” formed by neutron attenuation shield 120, and based on Fig. 1 the size of the dummy neutron shield is larger than the size of the target space, which is the space defined by casing 104 surrounds the sample 103).
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Therefore, it would have been obvious for an ordinary skilled person in the art, before the effective time of filing, to modify Lingren to include the enlarged integral neutron-shield portion taught by Tickner, to provide additional neutron attenuation around the irradiation region and thereby reduce neuron leakage from the apparatus.
Regarding Claim 15:
Lingren in view of Tickner teaches the PGNAA apparatus of claim 14. Tickner further teaches wherein the dummy neutron shield is formed at a position spaced apart from the target space at a predetermined distance in a direction that is the same as a direction in which the neutron source faces the target space (see annotated Fig. 1, the dummy neutron shield is spaced apart from the target space and in a direction same as the neutron source facing).
Regarding Claim 16:
Lingren in view of Tickner teaches the PGNAA apparatus of claim 15. Tickner further teaches the neutron shield and the dummy neutron shield are surrounded by a gamma-ray shield (Fig. 1 and para. [0084]: neutron attenuation shield 121 is surrounded by gamma attenuation shield 131 while neutron attenuation shield 120 is surrounded by gamma attenuation shield 130).
Regarding Claim 17:
Lingren in view of Tickner teaches the PGNAA apparatus of claim 16. Tickner further teaches wherein the gamma-ray shield is made of lead (Pb) (para. [0084]: “a gamma attenuation shield 130, 131 … formed from lead sheets”).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lingren in view of US 2020/0269318A1 [hereinafter Cramer].
Regarding Claim 20:
Lingren teaches the PGNAA apparatus of claim 1. However, Lingren does not expressly teach a dummy boron carbide (B4C) neutron absorber formed in the gamma-ray measurement passage.
Cramer teaches a dummy boron carbide (B4C) neutron absorber (paras. [0006, 0019]: “boron carbide (B4C) has favorable neutron absorbing properties” and further teaches B4C neutron-absorbing collimators and B4C shielding for reducing neutron background).
Therefore, it would have been obvious for an ordinary skilled person in the art, before the effective time of filing, to provide a B4C neutron absorber in the gamma-ray measurement passage since B4C was known to have favorable neutron absorbing properties and to be suitable for suppressing unwanted neutrons in radiation passages, thereby reducing neutron leakage through the gamma-ray measuring passage toward the detector.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JING WANG whose telephone number is (571)272-2504. The examiner can normally be reached M-F 7:30-17:00.
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/JING WANG/Examiner, Art Unit 2881 /MICHAEL J LOGIE/ Primary Examiner, Art Unit 2881
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