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 .
Drawings
The replacement drawings were received on 3 March 2025. These drawings are accepted and entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-7, 18-20, and 30-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to claims 5 and 30, the phrase “wherein p is between 0.01 to 0.99 and q is between 0.01 and 0.99” includes situations wherein the atomic percentage is over 100%, up to 198%, which does not appear to be possible.
With respect to claim 18, the phrase “wherein the Lutetium is about 1 at% to about 99 at% and the Yttrium is about 1 at% to about 99 at%” includes situations wherein the atomic percentage is over 100%, up to 198%, which does not appear to be possible.
Claims 6, 7, 19, 20, 31, and 32 are rejected for reasons of dependency.
Allowable Subject Matter
Claims 1-4, 8-17, 21-29, and 33-37 are allowed.
Claims 5-7, 18-20, and 30-32 would be allowable for reasons of dependency if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Wang et al. (US 2021/0054272 A1) discloses a scintillator crystal (“a crystal”, abstract) comprising a structure of cerium, calcium, and magnesium (par. [0052], “X may consist of at least one of Ce…”, and “M may consist of at least one of Ca, Mg…”) doped lutetium yttrium orthosilicate (LYSO) (formulae shown in par. [0052]).
With respect to claims 1 and 26, the cited prior art does not specify the relative x, y, and z values, nor does the cited prior art describe the R value of the crystalline structure having the claimed value.
With respect to claim 13, the cited prior art does not specify the relative values of cerium, calcium, and magnesium.
Claims 2-4, 8-12, 14-17, 21-25, 27-29, and 33-37 are allowable for reasons of dependency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK R GAWORECKI whose telephone number is (571)272-8540. The examiner can normally be reached Monday-Friday 8 AM-6 PM.
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, DAVID MAKIYA can be reached at 571-272-2273. 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.
/MARK R GAWORECKI/ Primary Examiner, Art Unit 2884 5 August 2026
Prosecution Insights