Prosecution Insights
Last updated: September 26, 2026
Application No. 19/043,617

NEUTRON DETECTION SYSTEM

Non-Final OA §112
Filed
Feb 03, 2025
Priority
Dec 13, 2023 — CIP of 12/044,636 +2 more
Examiner
HO, ALLEN C
Art Unit
Tech Center
Assignee
Lunar Helium-3 Mining LLC
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
870 granted / 1001 resolved
+26.9% vs TC avg
Strong +18% interview lift
Without
With
+17.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
24 currently pending
Career history
1021
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
23.6%
-16.4% vs TC avg
§102
24.2%
-15.8% vs TC avg
§112
43.0%
+3.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1001 resolved cases

Office Action

§112
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 drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a thermal neutron emitter claimed in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. 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, a hydrogen rich material claimed in claim 2 must be shown or the feature(s) canceled from the claim(s). 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. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: NEUTRON DETECTION SYSTEM COMPRISING A THERMAL NEUTRON SOURCE, A THERMAL NEUTRON DETECTION SYSTEM, AND A THERMAL NEUTRON SHIELD FOR MAPPING AREAS OF HIGH CONCENTRATIONS OF HELIUM-3. The disclosure is objected to because of the following informalities: Paragraph [001] should include U. S. Patent No. 12,235,405 issued on 25 February 2025. Paragraph [001], line 9, “3” after “July” should be replaced by –23--. Paragraph [0026], line 3, “. Appropriate correction is required. Please note that paragraph numbers in a U. S. Patent Application Publication do not correspond to paragraph numbers in the originally-filed specification. The paragraph numbers mentioned above refer to the originally-filed specification. Claim Objections Claims 1-10 are objected to because of the following informalities: (Proposed Amendments) A helium-3 detection arrangement comprising: a platform comprising a thermal neutron source, a thermal neutron shield, and a thermal neutron detector, the platform configured to reside above a surface of granular soil, the thermal neutron source comprising a thermal neutron emitter configured to emit thermal neutrons towards the surface of granular soil, the thermal neutron detector configured to detect a concentration of the thermal neutrons backscattered from the surface of granular soil, and the thermal neutron shield interposed between the thermal neutron source and the thermal neutron detector; and a power source configured to provide power to the thermal neutron source and the thermal neutron detector. Appropriate correction is required. Claim 2 is objected to because of the following informalities: 2. (Proposed Amendments) The helium-3 detection arrangement of claim 1, further comprising a hydrogen rich material, (a positive limitation) wherein the thermal neutron emitter is encapsulated in [[a]] the hydrogen rich material. Appropriate correction is required. Claim 3 is objected to because of the following informalities: 3. (Proposed Amendments) The helium-3 detection arrangement of claim 1, wherein the neutron shield is configured to block some of the thermal neutrons emitted from the thermal neutron emitter that are aimed at the thermal neutron detector. Appropriate correction is required. Claim 4 is objected to because of the following informalities: 4. (Proposed Amendments) The helium-3 detection arrangement of claim 1, wherein the platform [[is]] further comprises a metal plate defining a periphery, and wherein the thermal neutron source, the thermal neutron detector, and the thermal neutron shield are disposed on the metal plate within the periphery. Appropriate correction is required. Claim 6 is objected to because of the following informalities: 6. (Proposed Amendments) The helium-3 detection arrangement of claim 5, further comprising a computer system configured to correlate the concentration of the thermal neutrons with a of helium-3 in the granular soil. Appropriate correction is required. Claim 9 is objected to because of the following informalities: 9. (Proposed Amendments) The helium-3 detection arrangement of claim 1, wherein the platform is either A) [[part]] a part of a rover base, B) integrated with handles configured to be carried by at least one human or [[robot]] a robot, or C) is connected to a low gravity skipper. Appropriate correction is required. Claim 10 is objected to because of the following informalities: 10. (Proposed Amendments) The helium-3 detection arrangement of claim 1, wherein the thermal neutron shield includes boron. Appropriate correction is required. Claims 11-16 are objected to because of the following informalities: 11. (Proposed Amendments) A helium-3 detection system comprising: a thermal neutron source configured to emit thermal neutrons; a thermal neutron detection system configured to detect a a neutron shield interposed between the thermal neutron source and the thermal neutron detection system; a power source configured to provide power to the thermal neutron source and the thermal neutron detection system; and a platform comprising the neutron shield, the thermal neutron source, and the thermal neutron detection system. Appropriate correction is required. Claim 14 is objected to because of the following informalities: 14. (Proposed Amendments) The helium-3 detection system of claim 11, wherein the neutron shield [[is]] comprises a boronated shield. Appropriate correction is required. Claim 15 is objected to because of the following informalities: 15. (Proposed Amendments) The helium-3 detection system of claim 11, further comprising a transmitter configured to transmit the . Appropriate correction is required. Claims 17-20 are objected to because of the following informalities: 17. (Proposed Amendments) An arrangement configured to detect helium-3 in regolith, the arrangement comprising: a neutron source configured to emit thermal neutrons; a neutron detector configured to detect a a neutron shield interposed between the neutron source and the neutron detector, the neutron shield configured to block at least some of the thermal neutrons in a line- of-sight between the neutron source and the neutron detector; and a transmitter configured to transmit the . Appropriate correction is required. Claim 18 is objected to because of the following informalities: 18. (Proposed Amendments) The arrangement of claim 17, further comprising a computer system configured to calculate a concentration of helium-3 in the regolith from the of the thermal neutrons. Appropriate correction is required. 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 pre-AIA 35 U.S.C. 112, 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 3 and 12 are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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. Claim 3 recites a limitation “some of the thermal neutrons emitted from the thermal neutron source that are aimed at the thermal neutron detector” in lines 2-3, which renders the claim indefinite, as the limitation contradicts with a previously limitation “the thermal neutron source comprising a thermal neutron emitter configured to emit thermal neutrons towards the surface of granular soil” recited in claim 1. Claim 12 recites a limitation “a portion of the thermal neutrons emitted in a direction aimed at the thermal neutron detection system via the thermal neutron source” in lines 2-3, which renders the claim indefinite, as the limitation contradicts with a previously limitation “a thermal neutron detection system configured to detect a neutron concentration of the thermal neutrons backscattered from granular soil associated with helium-3” recited in claim 11. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS. —Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 9 fails to include an additional positive structural limitation by reciting an intended use of the platform. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Allowable Subject Matter The following is a statement of reasons for the indication of allowable subject matter: With respect to claims 1, 2, 4-8, and 10, the prior art failed to disclose or fairly suggested a helium-3 detection arrangement as claimed. With respect to claims 11 and 13-16, the prior art failed to disclose or fairly suggested a helium-3 detection system as claimed. With respect to claims 17-20, the prior art failed to disclose or fairly suggested an arrangement configured to detect helium-3 in regolith as claimed. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Salvino et al. (U. S. Patent No. 12,235,405 B1) disclosed an extraterrestrial nanosecond neutron analysis and associated particle imaging. Salvino et al. (U. S. Patent No. 12,100,580 B1) disclosed locating mining sites with an open mass spectrometer. Salvino et al. (U. S. Patent No. 12,044,636 B1) disclosed locating mining sites with a detection of neutrons. Chin et al. (U. S. Patent No. 11,397,277 B2) disclosed a scanning mode application of neutron-induced gamma analysis for soil-carbon mapping. Chandrasekharan et al. (U. S. Patent No. 9,632,188 B2) disclosed a detector of a Nobel gas for a determination of a fissile content. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allen C. Ho, whose telephone number is (571) 272-2491. The examiner can normally be reached Monday - Friday 10AM - 6PM. 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 J. 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. Allen C. Ho, Ph.D. Primary Examiner Art Unit 2884 /Allen C. Ho/Primary Examiner, Art Unit 2884 Allen.Ho@uspto.gov
Read full office action

Prosecution Timeline

Feb 03, 2025
Application Filed
Sep 17, 2026
Non-Final Rejection mailed — §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+17.6%)
2y 7m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1001 resolved cases by this examiner. Grant probability derived from career allowance rate.

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