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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/17/2025 was being considered by the examiner.
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.
Claim(s) 11 – 17, 22 – 24 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pausch et al. (US Pub. No. 2012/0074326 A1) in view of Mitchell et al. (Neutron counting and gamma spectroscopy with PVT detectors., report, June 1, 2011; United States. (https://digital.library.unt.edu/ark:/67531/metadc831268/: accessed June 1, 2026), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department) and Iwatschenko-Borho et al. (US Pub. No. 2019/0212458 A1).
With regards to claim 11, Pausch teaches a neutron-detection apparatus including gamma scintillator material 101 mounted on light detector 103, where the light detector may be a PMT or Geiger-mode APD, and an evaluation device coupled to the light detector [0038] - [0041], Fig. 1). Pausch teaches that the scintillator may contain iodine and cesium and may be NaI or CsI [0040].
Pausch teaches neutron capture in the scintillator followed by gamma-ray emission, with total emitted/deposited energy generally in the 5-10 MeV range, and teaches evaluating the light signal from the scintillator to determine energy deposited and classify neutron-capture events in a high-energy window ([0042] - [0047], [0052]).
Pausch further teaches lower/upper threshold energy windows and an upper threshold preferably below about 10 MeV to suppress cosmic/muon-type high-energy events ([0026], [0052] - [0053]).
Pausch does not expressly teach using a separate first energy range to determine a cosmic-background count rate and then determining neutron flux using the second count rate corrected by that background count rate.
Mitchell teaches the missing count-rate and flux framework. Mitchell discloses a nominal neutron threshold at about 3000 keV, an optimized neutron-sensitive 3200-9000 keV count window, gross counts in that window, and net counts obtained by subtracting background counts from gross counts over the same energy range (p. 13, Fig. 6).
Mitchell also teaches that counts above about 9 MeV are approximately background and provides background count rate B and count-rate/flux equations (p. 13, Fig. 5; p. 15, Eq. (1)-(3)). Mitchell identifies high-energy gamma background as produced by naturally occurring neutrons, cosmic-induced gammas, and charged particles primarily muons (pp. 22-23).
Iwatschenko-Borho teaches the cosmic-background pulse-height basis. Iwatschenko-Borho teaches a spectroscopic gamma/neutron detecting device having scintillation detector electronics and pulse-height spectra, including spectra originating from cosmic-ray background ([0002], [0024] - [0025], Figs. 1-3).
Iwatschenko-Borho further teaches using 3 MeV gamma and 4 MeV neutron thresholds and teaches that events greater than 3 MeV may be actual muons recorded as false neutron events ([0029] - [0033], Figs. 4-8).
In view of the utility of reducing false neutron-count indications caused by natural gamma tails and cosmic/muon interactions while retaining Pausch's high-energy neutron-capture gamma detection, it would have been obvious to modify Pausch with Mitchell high-energy background subtraction and Iwatschenko-Borho's cosmic pulse-height threshold correction to determine neutron flux from a second energy-range count rate corrected by a cosmic-background count rate.
With regards to claim 12, Pausch teaches the claimed invention according to claim 11 and further the combination applied to claim 11 teaches the base RID/scintillator/electronics features, see the rejection of claim 11.
Pausch does not expressly calculate an expected cosmic-background count rate within the second energy range.
Mitchell teaches using background count rate B and subtracting background counts from gross counts in the same high-energy neutron window, thereby determining an expected/background contribution for the second range (p. 13, Fig. 6; p. 15, Eq. (1)-(3)).
Iwatschenko-Borho teaches cosmic-ray background spectra and threshold gamma/neutron pulse-height spectra, supplying the cosmic-radiation basis for the expected count rate [0029] - [0033], (Figs. 4-8).
In view of the utility of estimating and removing expected cosmic-background counts in the neutron-sensitive energy window, it would have been obvious to use the measured/known cosmic-background spectra of Iwatschenko-Borho with the background-count subtraction framework of Mitchell in the Pausch detector.
With regards to claim 13, Pausch teaches the claimed invention according to claim 12 and the combination applied to claim 11 teaches the base device, but does not expressly use a first count rate and known cosmic energy distribution to calculate the expected background count rate.
Iwatschenko-Borho teaches measured gamma and neutron pulse-height spectra originating from cosmic-ray background, including threshold spectral regions and ratios between gamma/neutron spectra ([0029]-[0033], Figs. 4-8).
Mitchell teaches that the high-energy count rate above about 9 MeV is approximately background and that the background count rate B is used in sensitivity/flux calculations (p. 13, Fig. 5; p. 15, Eq. (1)-(3)).
In view of the utility of using a higher-energy cosmic-dominated range to predict the cosmic contribution in a neutron-sensitive range, it would have been obvious to base the expected count rate on a first count rate and a known cosmic spectral distribution as taught by Mitchell and Iwatschenko-Borho.
With regards to claim 14, Pausch modified discloses the claimed invention according to claim 11, but fails to expressly disclose subtract a background count rate from the second count rate.
Mitchell expressly teaches that net neutron counts are obtained from gross counts minus background counts in the relevant energy window, and Mitchell uses background count rate B in neutron sensitivity/flux calculations (p. 13, Fig. 6; p. 15, Eq. (1)-(3)).
In view of the utility of obtaining a net neutron count that excludes ambient/cosmic background, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to subtract the background count rate from the second count rate before determining neutron flux such as that taught by Mitchell counts.
With regards to claim 15, Pausch modified discloses the claimed invention according to claim 11 and further teaches threshold-defined high-energy windows in addition to defining lower and upper thresholds for neutron-capture energy evaluation ([0047], [0052]-[0053].
Pausch does not expressly designate the claimed first range as the cosmic-background estimator range.
Mitchell teaches energy thresholds including a 3000 keV threshold for neutron-sensitive counting and a high-energy range above about 9 MeV treated as approximately background (p. 13, Figs. 5-6).
In view of the utility of isolating high-energy events dominated by background/cosmic interactions, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to include the teachings such as that taught by Mitchell which is to define the first energy range as energies above a threshold energy value.
With regards to claim 16, Pausch modified disclosures the claimed invention according to claim 15 and further an upper threshold preferably below about 10 MeV to suppress cosmic/muon events in the neutron-capture energy evaluation ([0026], [0052]-[0053]).
Pausch does not expressly recite a first cosmic-background threshold of approximately 10 MeV. Notice where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.
Mitchell teaches that counts above about 9 MeV are approximately background (p. 13, Fig. 5).
In view of the utility of placing the cosmic-background estimator above the neutron-capture/gamma source region while near the known 9-10 MeV transition where counts are approximately background, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to include the teachings of Mitchell to select a first threshold of approximately 10 MeV.
With regards to claim 17, Pausch modified disclosures the claimed invention according to claim 15, but failed to expressly disclose defining the first threshold by the majority-cosmic-origin criterion.
Mitchell teaches that high-energy background is produced by cosmic-induced gammas and charged particles primarily muons, and teaches that counts above about 9 MeV are approximately background (p. 13, Fig. 5; pp. 22-23).
Iwatschenko-Borho teaches cosmic-ray background spectra and actual muons recorded as false neutron events above 3 MeV ([0029] - [0033]).
In view of the utility of selecting an estimator range dominated by the background to be corrected, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to include the teachings such as that taught by Mitchel and Iwatschenko-Borho to set the first threshold so the majority of first-range events arise from cosmic-radiation interactions.
With regards to claims 22 and 23, Pausch expressly teaches scintillator material containing iodine, sodium iodide and/or cesium iodide, as a neutron-capturing constituent ([0040]).
In view of the utility of using known inorganic scintillators containing iodine/cesium for gamma calorimetry, it would have been obvious to select sodium iodide or cesium iodide as taught by Pausch.
With regards to claim 24, Pausch teaches the claimed invention according to claim 11, and further teaches deposited-energy evaluation from the signal but does not need to use the exact term pulse height. Pausch also teaches evaluating the light-detector signal to determine deposited/sum energy [0045] - [0047], [0052]).
Pausch fails to easing disclose wherein characteristics is a pulse height of the output signal.
Iwatschenko-Borho expressly teaches pulse-height spectra from scintillation detector electronics and uses pulse-height thresholds for gamma/neutron/cosmic spectra ([0024] - [0025], [0029]- [0033], Figs. 1-8).
In view of the utility of mapping scintillation-detector output amplitude to deposited energy in a spectroscopic detector, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to include the teaching such as that taught by Iwatschenko-Borho to use pulse height as the evaluated output-signal characteristic.
With regards to claim 28, Pausch discloses the claimed invention according to claim 11, but fails to expressly disclose setting out the neutron-flux-count-rate conversion using background-corrected count rates.
Mitchell teaches gross and net neutron counts in the high-energy window, net counts as gross counts minus background counts, and count-rate/flux relationships using background count rate B (p. 13, Fig. 6; p. 15, Eq. (1)-(3)).
In view of the utility of converting a background-corrected neutron count rate into a neutron flux value, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to include the teaching such as that taught by Mitchell to determine a neutron flux count rate from the second count rate and background count rate and then determine neutron flux from that count rate.
Claim(s) 18 – 21 and 29 - 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pausch et al. in view of Mitchell and Iwatschenko-Borho and further in view of Holm et al. (NKS-306, Novel Neutron Detection Methods for Nuclear Security; 2014).
With regards to claim 18, Pausch discloses the claimed invention according to claim 11, and further Pausch teaches an upper energy threshold preferably below about 10 MeV ([0052]-[0053]).
Pausch fails to expressly disclose the second energy window comprises energies above a second threshold energy value and below a third threshold energy value, wherein the third threshold energy value is less than or equal to the first threshold energy value. Specifically, Pausch does not expressly recite the claimed bounded second energy window relative to the first cosmic-background threshold.
Mitchell teaches a neutron-sensitive high-energy window from about 3200 keV to 9000 keV (p. 13, Fig. 6).
Holm teaches high-energy neutron-source detection using a 3.5-5 MeV singles spectrum, which is a second window above a lower threshold and below an upper threshold lower than the approximately 10 MeV first/cosmic threshold (pp. 5-7) (2.4 University of Lund neutron detectors).
In view of the utility of selecting a bounded neutron-sensitive energy window below the cosmic-background estimator threshold, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to include the teaching such as that taught by Mitchel and Homs to use a second window bounded by lower and upper thresholds as taught by Mitchell and Holm in order to improve the efficiency of the sensor and/or count rate.
With regards to claim 19, Pausch modified discloses the claimed invention according to claim 18 but fails to expressly recite the lower second-window threshold as approximately 3 MeV. Notice that the combination applied to claim 18 teaches the bounded second window.
Mitchell teaches a 3000 keV nominal neutron-source threshold and optimized counting beginning at about 3200 keV (p. 13, Fig. 6).
Holm teaches using high-energy photon neutron detection above about 3.5 MeV in security detector operation (pp. 5-7).
In view of the utility of rejecting ordinary natural gamma background while retaining neutron-capture high-energy photons, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to include the teachings such as that taught by Mitchel and Holm to set the lower second threshold at approximately 3 MeV in order to improve the efficiency and capabilities as needed.
With regards to 20, Pausch modified discloses the claimed invention according to claim 18, and further Pausch teaches setting the lower threshold above 2.614 MeV to avoid ordinary natural gamma radiation and identify neutron-capture gamma events ([0047], [0052]).
Pausch fails to expressly recites: the second threshold energy value is higher than a maximum energy expected to be deposited by the radiation.
Notice that Pausch does not use the exact wording of claim 20, but teaches the same threshold-selection principle.
Mitchell likewise uses about 3000/3200 keV for neutron-sensitive counting to avoid ordinary gamma background (p. 13, Fig. 6).
In view of the utility of excluding expected non-neutron gamma deposits from the neutron window, it would have been obvious to a person of ordinary skill in the art at time the invention was made to modify Pausch to include the teachings such as that taught by Mitchell to set the second threshold higher than the maximum expected deposited energy from the radiation being excluded.
With regards to 21, Pausch modified discloses the claimed invention according to claim 20, but fails to expressly recite the third threshold as approximately 5 MeV.
Holm expressly teaches using the high-energy 3.5-5 MeV singles spectrum and neutron-capture peak to detect neutron sources (pp. 6-7).
In view of the utility of narrowing the neutron-sensitive window to a 3.5-5 MeV high-energy singles region to improve neutron-source discrimination and false-alarm performance, it would have been obvious to a person of ordinary skill of the art at the time the invention was made to modify Pausch to include the teachings such as that taught by Holm to set the third threshold at approximately 5 MeV to enhance the performance to the detection.
With regards to claim 29, Pausch modified discloses the claimed invention according to claim 11, but fails to expressly teach generating the claimed alarm from a neutron flux count-rate threshold. Notice that generally speaking, the selection of a known elements based on its suitability for its intended use supports a prima facie obviousness determination.
The combination applied to claim 11 teaches the background-corrected neutron count/flux framework.
Holm teaches real-time security detector analysis, alarm levels, and operational alarm thresholds selected to satisfy low false-positive/false-alarm requirements (pp. 4-7).
Mitchell supplies the neutron count-rate/background framework used to determine a neutron flux/count-rate metric (p. 13, Fig. 6; p. 15, Eq. (1)-(3)).
In view of the utility of using a background-corrected neutron count/flux metric to alert an operator to a neutron source in a security detector, it would have been obvious combine all the teachings to generate an alarm when the neutron flux count rate exceeds a threshold value.
With regards to claim 30, Pausch modified discloses the claimed invention according to claim 29, but fails to expressly teach determining the alarm threshold value from the background count rate within a predetermined time.
The combination applied to claim 29 teaches the alarm function.
Holm teaches alarm limits/thresholds tied to measured background and false-alarm requirements in real-time operation (pp. 4-7).
Mitchell teaches using background count rate B in count-rate/sensitivity calculations, providing the background metric from which a threshold can be determined (p. 15, Eq. (1)-(3)).
In view of the utility of maintaining a low false-alarm rate while adapting to the measured background during a defined measurement interval, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to include the teachings such as that taught by Holm and Mitchell to determine the alarm threshold from the background count rate within a predetermined time.
Claims 25 - 27 is rejected under 35 U.S.C. 103 as being unpatentable over Pausch et al. in view of Mitchell and Iwatschenko-Borho, and further in view of Zou et al. (US Pub. No. 2014/0314211 A1).
With regards to claim 25, Pausch modified discloses the claimed invention according to claim 11, but fails to expressly teach correcting the background count rate by adding a pileup-event count rate.
The combination applied to claim 11 teaches the second high-energy count window, background correction, and neutron-flux determination.
Zou teaches a detector pileup model for a photon-counting detector used for pileup correction, where the model includes a dead-time parameter, probabilities of different pileup events, component spectra, and summing of component spectra to match/correct a measured spectrum (R5 [0040]-[0047]; claims 1, 10, 19).
Zou also teaches single, double, and higher-order quasi-coincident photon events, including peak and tail pileup components ([0062]-[0068]; claims 4, 13).
In view of the utility of preventing pileup-generated high-energy counts from being misused as background-corrected neutron counts, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to include the teachings such as that taught by Zou in order to correct the background calculation by accounting for pileup count rate within the second energy range using the pileup model taught by Zou.
With regards to claim 26, Pausch modified discloses the claimed invention according to claim 25, but fails to expressly teach the pileup count-rate calculation using mean count rate and pulse-pair resolving time.
The combination applied to claim 25 teaches pileup correction in the second energy range.
Zou teaches that the pileup model uses a dead-time parameter and a time threshold to distinguish peak pileup and tail pileup, and that the model uses incident count rate n with the dead-time parameter to determine component spectra for detected events ([0040]-[0047], [0062]-[0068]). Note: A pulse-pair resolving time is the same practical timing concept as the dead-time/time-threshold interval used to decide whether two close pulses are separately resolved or treated as pileup.
In view of the utility of quantitatively estimating pileup probability from event rate and the resolving/dead-time interval during which two pulses are not separately resolved, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to include the teachings such as that taught by Zou to calculate a pileup-event count contribution using mean count rate and a pulse-pair resolving-time/dead-time parameter as taught by Zou.
With regards to claim 27, Pausch modified discloses the claimed invention according to claim 26, but fails to expressly teach pileup events formed by the sum of two consecutive random events. Notice how the combination applied to claim 25 teaches pileup correction in the second energy range.
Zou teaches double quasi-coincident photon events, peak pileup and tail pileup components, and component spectra corresponding to pileup events that are summed into the output/measured spectrum ([0062]-[0068]). Such double quasi-coincident events correspond to two close random events being recorded as a summed/single spectral contribution.
In view of the utility of correcting false high-energy events formed when two random detector events occur too close in time and are recorded as one summed event, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Pausch to include the teachings such as that taught by Zou io order to calculate the expected pileup count rate from the count rate of summed double-event pileup contributions.
Conclusion
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/DJURA MALEVIC/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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