DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 14th, 2026 has been entered.
Response to Amendment
The amendment filed January 14th, 2026 has been entered. Claims 1-2 and 4-25 remain pending
in the application. The amendments to the claims have overcome each and every claim objection and 112(a) rejection previously cited on the Final rejection mailed August 14th, 2025. Not all of the 112(b) rejections have been overcome previously cited on the Final rejection mailed August 14th, 2025. The Examiner further withdraws the 112(d) rejection previously cited on the Final rejection mailed August 14th, 2025. However, the amendment has raised other issues detailed below.
Specification
The disclosure is objected to because of the following informalities:
Pg. 12, paragraph 68: “thermal reservoir 300” should read “thermal reservoir 330”
Appropriate correction is required.
Claim Objections
Claim 13-15 and 22-25 are objected to because of the following informalities:
Claim 13, line 4: “a temperature at the sample stage” should read “the temperature at the sample stage”
Claim 13, line 5: “the first temperature range” should read “the first temperature range (A)”
Claim 13, lines 10-11: “the second temperature range” should read “the second temperature range (B)”
Claim 15, line 7: “a temperature at the sample stage” should read “the temperature at the sample stage”
Claim 22, lines 4-5: “the first and second temperature change mechanisms being different from one another” should read “the first temperature change heater mechanism being different from the second temperature change mechanism”
Claim 22, lines 8-9: “the first, second, and another second temperature change heater mechanisms” should read “the first temperature change heater mechanism, the second temperature change mechanism, and the another second temperature change mechanism”
Claim 22, line 14: “the first and second temperature change heater mechanisms” should read “the first temperature change heater mechanism and the second temperature change mechanism”
Claim 25, line 2: “the second and third thermal switches” should read “the second thermal switch and the third thermal switch”
Claim 14 is also objected to by virtue of its dependency on claim 13.
Claim 23 is also objected to by virtue of its dependency on claim 22.
Claim 24 is also objected to by virtue of its dependency on claim 23.
Claim 25 is also objected to by virtue of its dependency on claim 14.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 1, line 4: “second temperature change mechanism” draws corresponding structure to the following recitation of the specification, “In particular, the at least one first temperature change mechanism 310 and/or the at least one second temperature change mechanism 320 may be a heater, such as a resistive heater. Additionally, or alternatively, the at least one first temperature change mechanism 310 and/or the at least one second temperature change mechanism 320 may be an adiabatic demagnetization refrigerator (Paragraph 76)”, or equivalents.
Claim 2, lines 4: “active cooling mechanism” draws corresponding structure to the following recitation of the specification, “active cooling mechanism (e.g., an adiabatic demagnetization refrigerator) (Paragraph 48)”, or equivalents.
Claim 22, line 4: “second temperature change mechanism” draws corresponding structure to the following recitation of the specification, “In particular, the at least one first temperature change mechanism 310 and/or the at least one second temperature change mechanism 320 may be a heater, such as a resistive heater. Additionally, or alternatively, the at least one first temperature change mechanism 310 and/or the at least one second temperature change mechanism 320 may be an adiabatic demagnetization refrigerator (Paragraph 76)”, or equivalents.
Claim 22, line 6: “another second temperature change mechanism” draws corresponding structure to the following recitation of the specification, “In particular, the at least one first temperature change mechanism 310 and/or the at least one second temperature change mechanism 320 may be a heater, such as a resistive heater. Additionally, or alternatively, the at least one first temperature change mechanism 310 and/or the at least one second temperature change mechanism 320 may be an adiabatic demagnetization refrigerator (Paragraph 76)”, or equivalents.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(b)
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 9, 16-17, and 19-20 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.
Claim 9, lines 1-4 recite, “wherein the at least one first heat switch is further configured to open and close a thermal connection between the thermal reservoir and at least one of the at least one first temperature change heater mechanism and the at least one second temperature change mechanism” which is unclear to the Examiner as the at least one first heat switch of claim 8 from which claim 9 depends is claimed as an optional limitation and not required by the claims. For purposes of examination, the Examiner will interpret the limitations of claim 9 to only be required if the optional limitation of claim 8 from which claim 9 depends that includes the at least one first heat switch is chosen in claim 8.
Claim 16, lines 1-2 recite, “wherein: the at least one heater is a resistive heater” which is unclear to the Examiner as the at least one heater of claim 4 from which claim 16 depends is claimed as an optional limitation and not required by the claims. For purposes of examination, the Examiner will interpret the limitations of claim 16 to only be required if the optional limitation of claim 4 from which claim 16 depends that includes the at least one heater is chosen in claim 4.
Claim 17, lines 1-2 recite, “wherein: the at least one first heater is a at least one first resistive heater; and the at least one second heater is a second resistive heater” which is unclear to the Examiner as the at least one heater and at least one second heater of claim 6 from which claim 16 depends are claimed as an optional limitation and not required by the claims. For purposes of examination, the Examiner will interpret the limitations of claim 16 to only be required if the optional limitation of claim 6 from which claim 17 depends that includes the at least one heater and at least one second heater is chosen in claim 6.
Claim 19, lines 1-2 recite, “wherein: the two or more devices are adiabatic demagnetization refrigerator (ADR) stages” which is unclear to the Examiner as the two or more devices of claim 8 from which claim 19 depends are claimed as an optional limitation and not required by the claims. For purposes of examination, the Examiner will interpret the limitations of claim 19 to only be required if the optional limitation of claim 8 from which claim 19 depends that includes two or more devices is chosen in claim 8.
Claim 20, lines 1-2 recite, “wherein: the at least one heat switch is the at least one first heat switch” which is unclear to the Examiner as the at least one heat switch of claim 10 from which claim 20 depends is claimed as an optional limitation and not required by the claims. For purposes of examination, the Examiner will interpret the limitations of claim 20 to only be required if the optional limitation of claim 10 from which claim 20 depends that includes two or more devices is chosen in claim 10.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-9, 11-13, and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Lonzarich et al. (US Patent No. 9,696,065), hereinafter Lonzarich in view of O. S. Lutes (US Patent No. 3,119,236), hereinafter Lutes.
Regarding claim 1, Lonzarich discloses a cryogenic apparatus (Fig. 10) comprising:
at least one first temperature change mechanism connected to a sample stage and configured to change a temperature at the sample stage (Fig. 10, solid-state refrigeration pill 1, sample plate; Col. 12, lines 59-64, More particularly, FIG. 10 shows an example adiabatic solid-state refrigeration system with two stages for serial cooling, showing a schematic of the lower part of an inner vacuum chamber of a cryogenic insert used to refrigerate samples in vacuum down to milli-Kelvin temperatures with solid-state refrigeration pills);
at least one second temperature change mechanism different from the at least one first temperature change mechanism, wherein the at least one second temperature change mechanism is connected to the sample stage and configured to change the temperature at the sample stage (Fig. 10, solid-state refrigeration pill 2; Col. 12, lines 59-64, More particularly, FIG. 10 shows an example adiabatic solid-state refrigeration system with two stages for serial cooling, showing a schematic of the lower part of an inner vacuum chamber of a cryogenic insert used to refrigerate samples in vacuum down to milli-Kelvin temperatures with solid-state refrigeration pills); and
a controller (Col. 6, lines 41-49, The invention further provides an adiabatic solid-state refrigeration system comprising: two solid-state refrigeration stages each thermally coupled to the same sample chamber, each comprising an adiabatic solid-state refrigerator (ASR), said ASR comprising a refrigeration pill, each with a respective controllable magnetic/electric field generator; and a control system to control removal of said magnetic/electric field from each of said pills sequentially to control cooling of said sample chamber) configured to:
operate the at least one first temperature change mechanism in a first temperature range (A) (Col. 13, lines 12-16, Heat switch 1 is then opened and refrigeration pill 1 is demagnetized adiabatically by sweeping down the magnetic field applied to pill 1 sufficiently slowly. Refrigeration pills 1 and 2 and the sample plate then reach the first cooling stage temperature);
operate the at least one second temperature change mechanism in a second temperature range (B) different from the first temperature range (A) (Col. 13, lines 16-21, At this time, heat switch 2 is opened and refrigeration pill 2 is demagnetized adiabatically. As a result the sample plate and any attached sample are cooled from the first stage temperature to the second stage temperature. With this method 1 mK temperatures have been achieved).
However, Lonzarich does not disclose the at least one first temperature change mechanism to be a heater; and
the controller configured to:
operate both the at least one first temperature change mechanism and the at least one second temperature change mechanism in a third temperature range (C) between the first temperature range (A) and the second temperature range (B).
Lutes teaches replacing one of two cooling means with an electric heater to achieve a temperature greater than the thermal bath temperature (Col. 4, lines 64-72, The temperature control utilized in the above type of device may also be used for controlling temperatures above the bath temperature. Cooling means 21 is used as a heat pump for supplying heat to control 24 during isothermal demagnetization thus maintaining it at a critical temperature which is higher than the temperature of bath 19. This effect can be achieved by replacing cooling means 21, and magnetic field means 22 with any heating means, such as an electric heater or the like).
Therefore, it would have been obvious before the effective filing date of the claimed invention to replace the at least one first temperature control means with an electric heater and to reprogram the controller of Lonzarich of claim 1 to operate both the at least one first temperature change mechanism and the at least one second temperature change mechanism in a third temperature range (C) between the first temperature range (A) and the second temperature range (B) as taught by Lutes. One of ordinary skill in the art would have been motivated to make this modification in order to provide an increased range of temperature control to allow for a variety of system operations to meet diverse user needs.
Regarding claim 4, Lonzarich as modified discloses the cryogenic apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein:
the at least one first temperature change heater mechanism includes at least one heater (Lutes, Col. 4, lines 64-72, The temperature control utilized in the above type of device may also be used for controlling temperatures above the bath temperature. Cooling means 21 is used as a heat pump for supplying heat to control 24 during isothermal demagnetization thus maintaining it at a critical temperature which is higher than the temperature of bath 19. This effect can be achieved by replacing cooling means 21, and magnetic field means 22 with any heating means, such as an electric heater or the like; As best understood, see 112(b) rejections above); and/or
the at least one second temperature change mechanism includes at least one adiabatic demagnetization refrigerator (ADR) stage (Lonzarich, Col. 6, lines 41-49, The invention further provides an adiabatic solid-state refrigeration system comprising: two solid-state refrigeration stages each thermally coupled to the same sample chamber, each comprising an adiabatic solid-state refrigerator (ASR), said ASR comprising a refrigeration pill, each with a respective controllable magnetic/electric field generator; and a control system to control removal of said magnetic/electric field from each of said pills sequentially to control cooling of said sample chamber). Further, the limitations of claim 4 are a result of the modification of references used in the rejection of claim 1 above.
Regarding claim 5, Lonzarich as modified discloses the cryogenic apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein:
the at least one second temperature change mechanism includes, or is, one or more single-stage adiabatic demagnetization refrigerators (ADRs) (Lonzarich, Col. 6, lines 41-52, The invention further provides an adiabatic solid-state refrigeration system comprising: two solid-state refrigeration stages each thermally coupled to the same sample chamber, each comprising an adiabatic solid-state refrigerator (ASR), said ASR comprising a refrigeration pill, each with a respective controllable magnetic/electric field generator; and a control system to control removal of said magnetic/electric field from each of said pills sequentially to control cooling of said sample chamber. In an adiabatic demagnetization refrigerator the control system may control removal of a magnetic field/demagnetization of a pill).
Regarding claim 6, Lonzarich as modified discloses the cryogenic apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein:
the at least one first temperature change heater mechanism has at least one first operational characteristic (Lutes, Col. 4, lines 64-72, The temperature control utilized in the above type of device may also be used for controlling temperatures above the bath temperature. Cooling means 21 is used as a heat pump for supplying heat to control 24 during isothermal demagnetization thus maintaining it at a critical temperature which is higher than the temperature of bath 19. This effect can be achieved by replacing cooling means 21, and magnetic field means 22 with any heating means, such as an electric heater or the like) and the at least one second temperature change mechanism has at least one second operational characteristic different from the at least one first operational characteristic (Lonzarich, Col. 6, lines 41-52, The invention further provides an adiabatic solid-state refrigeration system comprising: two solid-state refrigeration stages each thermally coupled to the same sample chamber, each comprising an adiabatic solid-state refrigerator (ASR), said ASR comprising a refrigeration pill, each with a respective controllable magnetic/electric field generator; and a control system to control removal of said magnetic/electric field from each of said pills sequentially to control cooling of said sample chamber. In an adiabatic demagnetization refrigerator the control system may control removal of a magnetic field/demagnetization of a pill). Further, the limitations of claim 6 are a result of the modification of references used in the rejection of claim 1 above.
Regarding claim 7, Lonzarich as modified discloses the cryogenic apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), further comprising a thermal reservoir connectable to the sample stage and configured to act as a heat sink (Lonzarich, Fig. 10, first refrigeration stage is shown to be connectable to the sample plate; Col. 7, lines 7-13, The system further comprises a first refrigeration stage, for example a metal plate cooled by a liquid helium-4 refrigerator or a liquid-cryogen free refrigerator (e.g. a pulse tube cryocooler or Gifford-McMahon cryocooler), or either of these combined with a pumped liquid helium-4 1 K cooling system or helium-3 cooling system; Further, the first refrigeration stage of Lonzarich has the same structure as the claimed thermal reservoir and is capable of functioning in the manner claimed).
Regarding claim 8, Lonzarich as modified discloses the cryogenic apparatus of claim 7 (see the combination of references used in the rejection of claim 7 above), further comprising at least one heat switch (Lonzarich, Fig. 10, heat switch 1, heat switch 2), wherein the at least one heat switch includes:
at least one first heat switch configured to open and close a thermal connection between the thermal reservoir and the sample stage (Lonzarich, Fig. 10, heat switch 1); and/or
at least one third heat switch configured to open and close a thermal connection between the thermal reservoir and the at least one second temperature change mechanism (Lonzarich, Fig. 10, heat switch 2).
Regarding claim 9, Lonzarich as modified discloses the cryogenic apparatus of claim 8 (see the combination of references used in the rejection of claim 8 above), wherein the at least one first heat switch is further configured to open and close a thermal connection between the thermal reservoir and at least one of the at least one first temperature change heater mechanism and the at least one second temperature change mechanism (Lonzarich, Fig. 10, heat switch 1; Col. 13, lines 5-16, Initially both heat switches as shown in the figure are closed and both pills and sample plate are cooled to the temperature of the thermal bath, typically a 4K or 1K plate held at a constant temperature by an external refrigeration device not under consideration here. Both pills are magnetized using solenoids and the temperature of each part of the system is allowed to equilibrate back to the 1K/4K plate temperature; Further, heat switch 1 of Lonzarich has the same structure as the claimed at least one first heat switch and is capable of functioning in the manner claimed).
Regarding claim 11, Lonzarich as modified discloses the cryogenic apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the controller is configured to prepare the at least one second temperature change mechanism in at least a part of the first temperature range (A) for operation (Lonzarich, Col. 7, lines 15-21, The control system may then be configured to control the heat switches and the magnetic/electric field ( as mentioned previously) such that one of said solid-state refrigeration stages is cooling the sample chamber whilst the other is (being electrically or magnetically polarized and) being cooled by the first refrigeration stage, and vice versa).
Regarding claim 12, Lonzarich as modified discloses the cryogenic apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the controller is configured to operate the at least one first temperature change heater mechanism and the at least one second temperature change mechanism to ramp the temperature at the sample stage between a first temperature and a second temperature (Lonzarich, Col. 13, lines 12-21, Heat switch 1 is then opened and refrigeration pill 1 is demagnetized adiabatically by sweeping down the magnetic field applied to pill 1 sufficiently slowly. Refrigeration pills 1 and 2 and the sample plate then reach the first cooling stage temperature. At this time, heat switch 2 is opened and refrigeration pill 2 is demagnetized adiabatically. As a result the sample plate and any attached sample are cooled from the first stage temperature to the second stage temperature. With this method 1 mK temperatures have been achieved; Lutes, Col. 4, lines 64-72, The temperature control utilized in the above type of device may also be used for controlling temperatures above the bath temperature. Cooling moons 21 is used as a heat pump for supplying heat to control 24 during isothermal demagnetization thus maintaining it at a critical temperature which is higher than the temperature of bath 19. This effect can be achieved by replacing cooling means 21, and magnetic field means 22 with any heating means, such as an electric heater or the like; Further, the modification of Lonzarich in view of Lutes as described in the rejection of claim 1 above, results in the first temperature change mechanism being a heater which would allow for a third temperature between a first temperature of operating just the first temperature change mechanism and a temperature of operating just operating the second temperature change mechanism to be achieved). Further, the limitations of claim 12 are a result of the modification of references used in the rejection of claim 1 above.
Regarding claim 13, Lonzarich discloses a method of controlling the cryogenic apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), comprising:
in the first temperature range (A), operating only at least one first temperature change heater mechanism connected to the sample stage to change a temperature at the sample stage (Lonzarich, Col. 13, lines 12-16, Heat switch 1 is then opened and refrigeration pill 1 is demagnetized adiabatically by sweeping down the magnetic field applied to pill 1 sufficiently slowly. Refrigeration pills 1 and 2 and the sample plate then reach the first cooling stage temperature);
in the second temperature range (B) different from the first temperature range, operating only the at least one second temperature change mechanism connected to the sample stage to change the temperature at the sample stage, wherein the at least one second temperature change mechanism is different from the at least one first temperature change heater mechanism (Lonzarich, Col. 13, lines 16-21, At this time, heat switch 2 is opened and refrigeration pill 2 is demagnetized adiabatically. As a result the sample plate and any attached sample are cooled from the first stage temperature to the second stage temperature. With this method 1 mK temperatures have been achieved); and
in the third temperature range (C) between the first temperature range (A) and the second temperature range (B), operating both the at least one first temperature change heater mechanism and the at least one second temperature change mechanism to change the temperature at the sample stage (Lonzarich, Col. 13, lines 12-21, Heat switch 1 is then opened and refrigeration pill 1 is demagnetized adiabatically by sweeping down the magnetic field applied to pill 1 sufficiently slowly. Refrigeration pills 1 and 2 and the sample plate then reach the first cooling stage temperature. At this time, heat switch 2 is opened and refrigeration pill 2 is demagnetized adiabatically. As a result the sample plate and any attached sample are cooled from the first stage temperature to the second stage temperature. With this method 1 mK temperatures have been achieved; Lutes, Col. 4, lines 64-72, The temperature control utilized in the above type of device may also be used for controlling temperatures above the bath temperature. Cooling moons 21 is used as a heat pump for supplying heat to control 24 during isothermal demagnetization thus maintaining it at a critical temperature which is higher than the temperature of bath 19. This effect can be achieved by replacing cooling means 21, and magnetic field means 22 with any heating means, such as an electric heater or the like; Further, the modification of Lonzarich in view of Lutes as described in the rejection of claim 1 above, results in the first temperature change mechanism being a heater which would allow for a third temperature between a first temperature of operating just the first temperature change mechanism and a temperature of operating just operating the second temperature change mechanism to be achieved). Further, the limitations of claim 13 are a result of the modification of references used in the rejection of claim 1 above.
Regarding claim 18, Lonzarich as modified discloses the cryogenic apparatus of claim 7 (see the combination of references used in the rejection of claim 7 above), wherein the thermal reservoir is provided by at least one of:
a pulse tube refrigerator;
a liquid Helium bath;
a Gifford-McMahon cryocooler;
a He-4 flow cryostat; and
a He-3 flow cryostat (Lonzarich, Col. 7, lines 7-13, The system further comprises a first refrigeration stage, for example a metal plate cooled by a liquid helium-4 refrigerator or a liquid-cryogen free refrigerator (e.g. a pulse tube cryocooler or Gifford-McMahon cryocooler), or either of these combined with a pumped liquid helium-4 1 K cooling system or helium-3 cooling system).
Regarding claim 19, Lonzarich as modified discloses the cryogenic apparatus of claim 8 (see the combination of references used in the rejection of claim 8 above), wherein: the two or more devices are adiabatic demagnetization refrigerator (ADR) stages (The recitation, “wherein: the two or more devices are adiabatic demagnetization refrigerator (ADR) stages” is not interpreted to be a required limitation of the claims as the optional clause in claim that positively claims the two or more devices was not chosen in claim 8; As best understood, see 112(b) rejections above).
Regarding claim 20, Lonzarich as modified discloses the cryogenic apparatus of claim 10 (see the combination of references used in the rejection of claim 10 above), wherein: the at least one first heat switch is the at least one first heat switch (Lonzarich, Fig. 10, heat switch 1).
Regarding claim 21, Lonzarich as modified discloses the cryogenic apparatus of claim 12 (see the combination of references used in the rejection of claim 12 above).
Lonzarich as modified does not explicitly disclose wherein: the first temperature is 100K or higher, and the second temperature is 4K or lower.
However, Lonzarich discusses the use of a simplified cryogenic platform for continuously varying the temperature of the sample stage between room temperature (300 K) and the low milli-Kelvin range (less than 4K) (Col. 14, lines 27-31, FIG. 12 shows a schematic diagram showing a cross-section of a simplified cryogenic platform. In embodiments such a platform allows the temperature of a sample or device under test to be continuously varied between room temperature and the low milli-Kelvin range). Further, it has been held In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (The prior art taught carbon monoxide concentrations of “about 1-5%” while the claim was limited to “more than 5%.” The court held that “about 1-5%” allowed for concentrations slightly above 5% thus the ranges overlapped.) MPEP § 2144.05-I.
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryogenic apparatus of Lonzarich as modified wherein the first temperature is 100K or higher, and the second temperature is 4K or lower as taught by Lonzarich. One of ordinary skill in the art would have been motivated to make this modification in order to provide an increased range of temperature control to allow for a variety of system operations to meet diverse user needs.
Claims 2 and 16-17 is rejected under 35 U.S.C. 103 as being unpatentable over Lonzarich and Lutes as applied to claims 1, 4, and 6 above, respectively, and further in view of Doherty et al. (US Patent No. 11,959,845), hereinafter Doherty.
Regarding claim 2, Lonzarich as modified discloses the cryogenic apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the at least one second temperature change mechanism are selected from the group consisting of a resistive heater, an active cooling mechanism, and combinations thereof (Lonzarich, Col. 6, lines 41-49, The invention further provides an adiabatic solid-state refrigeration system comprising: two solid-state refrigeration stages each thermally coupled to the same sample chamber, each comprising an adiabatic solid-state refrigerator (ASR), said ASR comprising a refrigeration pill, each with a respective controllable magnetic/electric field generator; and a control system to control removal of said magnetic/electric field from each of said pills sequentially to control cooling of said sample chamber).
However, Lonzarich as modified does not disclose the wherein the at least one first temperature change heater mechanism is a resistive heater.
Doherty teaches a resistive heater to be used in a temperature control system for a cryogenic apparatus (Fig. 1; Col. 5, lines 36-44, The temperature of cryogenic device 18 can be controlled with a thermometer and heater either attached to cryogenic device 18 and/or the cryogenic device mount 16. The temperature can be controlled via a PID loop or other control logic that controls the heater output, for example by increasing current applied to a resistive heater, to achieve a desired cryogenic device temperature. Accordingly, systems of the present disclosure may be operatively controlled wit processing circuitry not shown).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the at least one first temperature change mechanism of Lonzarich as modified to be a resistive heater as taught by Doherty. One of ordinary skill in the art would have been motivated to make this modification in order to control the heater output to achieve a desired cryogenic device temperature (Doherty, Col. 5, lines 36-44).
Regarding claim 16, Lonzarich as modified discloses the cryogenic apparatus of claim 4 (see the combination of references used in the rejection of claim 4 above).
However, Lonzarich as modified does not disclose the wherein: the at least one heater is a resistive heater.
Doherty teaches a resistive heater to be used in a temperature control system for a cryogenic apparatus (Fig. 1; Col. 5, lines 36-44, The temperature of cryogenic device 18 can be controlled with a thermometer and heater either attached to cryogenic device 18 and/or the cryogenic device mount 16. The temperature can be controlled via a PID loop or other control logic that controls the heater output, for example by increasing current applied to a resistive heater, to achieve a desired cryogenic device temperature. Accordingly, systems of the present disclosure may be operatively controlled wit processing circuitry not shown).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the at least one heater of Lonzarich as modified to be a resistive heater as taught by Doherty. One of ordinary skill in the art would have been motivated to make this modification in order to control the heater output to achieve a desired cryogenic device temperature (Doherty, Col. 5, lines 36-44).
Regarding claim 17, Lonzarich as modified discloses the cryogenic apparatus of claim 6 (see the combination of references used in the rejection of claim 6 above).
However, Lonzarich as modified does not disclose the wherein: the at least one first heater is at least one first resistive heater; and the at least one second heater is a second resistive heater.
Doherty teaches a resistive heater to be used in a temperature control system for a cryogenic apparatus (Fig. 1; Col. 5, lines 36-44, The temperature of cryogenic device 18 can be controlled with a thermometer and heater either attached to cryogenic device 18 and/or the cryogenic device mount 16. The temperature can be controlled via a PID loop or other control logic that controls the heater output, for example by increasing current applied to a resistive heater, to achieve a desired cryogenic device temperature. Accordingly, systems of the present disclosure may be operatively controlled wit processing circuitry not shown).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the at least one first heater and at least one second heater of Lonzarich as modified to be resistive heaters as taught by Doherty. One of ordinary skill in the art would have been motivated to make this modification in order to control the heater output to achieve a desired cryogenic device temperature (Doherty, Col. 5, lines 36-44).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lonzarich and Lutes as applied to claim 8 above, and further in view of Hess (US Patent No. 5,611,207), hereinafter Hess.
Regarding claim 10, Lonzarich as modified discloses the cryogenic apparatus of claim 8 (see the combination of references used in the rejection of claim 8 above).
However, Lonzarich as modified does not disclose wherein the at least one heat switch is controllable to provide a variable thermal impedance.
Hess teaches a heat switch that is controllable to provide a variable thermal impedance (Fig. 3; Col. 6, lines 5-10, When heat switch 27 is engaged a thermal link of low thermal impedance is established between measurement insert base flange 49 and heat station H2 via the measurement insert thermal anchor 81. The precise value of this low thermal impedance may be adjusted by turning the knob 53).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the at least one heat switch of the cryogenic apparatus of Lonzarich as modified to be controllable to provide a variable thermal impedance as taught by Hess. One of ordinary skill in the art would have been motivated to make this modification in order to fine tune heat transfer capabilities of the system to improve overall system efficiencies.
Claim 14-15 is rejected under 35 U.S.C. 103 as being unpatentable over Lonzarich and Lutes as applied to claim 1 above, and further in view of Lamers et al. (US Patent No. 12,123,816), hereinafter Lamers. Regarding claim 14 Lonzarich as modified discloses the controller to implement the process of claim 13 (see the combination of references used in the rejection of claim 13 above).
However, Lonzarich as modified does not disclose a machine readable medium comprising instruction executable by one or more processors to implement the method of claim 13.
Lamers teaches a machine readable medium comprising instruction executable by one or more processors to implement the method of claim 13 (Fig. 14; Col. 21, lines 4-13, With reference to FIG. 14, computing environment 1410 includes one or more processing units 1422 and memory 1424. In FIG. 14, this basic configuration 1420 is included within a dashed line. Processing unit 1422 can execute computer-executable instructions, such as for control or data acquisition as described herein. Processing unit 1422 can be a general-purpose central processing unit (CPU), a processor in an application-specific integrated circuit (ASIC), or any other type of processor; Col. 23, lines 55-57, By way of example, and with reference to FIG. 14, computer-readable storage media include memory 1424, and storage 1440).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the method of claim 13 to be performed by a machine readable medium comprising instruction executable by one or more processors to implement the method as taught by Lamers. One of ordinary skill in the art would have been motivated to make this modification to allow for improved control operations to be ran via computerized systems to increase overall system efficiencies.
Regarding claim 15 Lonzarich as modified discloses the cryogenic apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the controller is configured to implement the method comprising:
in the first temperature range (A), operating only the at least one first temperature change heater mechanism connected to the sample stage to change a temperature at the sample stage (Lonzarich, Col. 13, lines 12-16, Heat switch 1 is then opened and refrigeration pill 1 is demagnetized adiabatically by sweeping down the magnetic field applied to pill 1 sufficiently slowly. Refrigeration pills 1 and 2 and the sample plate then reach the first cooling stage temperature);
in the second temperature range (B) different from the first temperature range, operating only the at least one second temperature change mechanism connected to the sample stage to change the temperature at the sample stage, wherein the at least one second temperature change mechanism is different from the at least one first temperature change heater mechanism (Lonzarich, Col. 13, lines 16-21, At this time, heat switch 2 is opened and refrigeration pill 2 is demagnetized adiabatically. As a result the sample plate and any attached sample are cooled from the first stage temperature to the second stage temperature. With this method 1 mK temperatures have been achieved); and
in the third temperature range (C) between the first temperature range (A) and the second temperature range (B), operating both the at least one first temperature change heater mechanism and the at least one second temperature change mechanism to change the temperature at the sample stage (Lonzarich, Col. 13, lines 12-21, Heat switch 1 is then opened and refrigeration pill 1 is demagnetized adiabatically by sweeping down the magnetic field applied to pill 1 sufficiently slowly. Refrigeration pills 1 and 2 and the sample plate then reach the first cooling stage temperature. At this time, heat switch 2 is opened and refrigeration pill 2 is demagnetized adiabatically. As a result the sample plate and any attached sample are cooled from the first stage temperature to the second stage temperature. With this method 1 mK temperatures have been achieved; Lutes, Col. 4, lines 64-72, The temperature control utilized in the above type of device may also be used for controlling temperatures above the bath temperature. Cooling moons 21 is used as a heat pump for supplying heat to control 24 during isothermal demagnetization thus maintaining it at a critical temperature which is higher than the temperature of bath 19. This effect can be achieved by replacing cooling means 21, and magnetic field means 22 with any heating means, such as an electric heater or the like; Further, the modification of Lonzarich in view of Lutes as described in the rejection of claim 1 above, results in the first temperature change mechanism being a heater which would allow for a third temperature between a first temperature of operating just the first temperature change mechanism and a temperature of operating just operating the second temperature change mechanism to be achieved).
However, Lonzarich as modified does not disclose the controller comprising:
one or more processors; and
a memory coupled to the one or more processors and comprising instructions executable by the one or more processors to implement the method.
Lamers teaches the controller comprising:
one or more processors (Fig. 14, processing units 1422, co-processing unit 1430); and
a memory coupled to the one or more processors and comprising instructions executable by the one or more processors to implement the method of claim 13 (Fig. 14, memory 1424; Col. 21, lines 17-24, Tangible memory 1424 can be volatile memory (e.g., registers, cache, or RAM), non-volatile memory (e.g., ROM, EEPROM, or flash memory), or some combination thereof, accessible by processing units 1422, 1430. The memory 1424 stores software 1480 implementing one or more innovations described herein, in the form of computer-executable instructions suitable for execution by the processing unit(s) 1422, 1430).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the controller of the cryogenic apparatus of Lonzarich as modified to include one or more processors and a memory coupled to the one or more processors and comprising instructions executable by the one or more processors to implement the method as taught by Lamers. One of ordinary skill in the art would have been motivated to make this modification to allow for improved control operations to be ran via computerized systems to increase overall system efficiencies.
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Lonzarich et al. (US Patent No. 9,696,065), hereinafter Lonzarich in view of O. S. Lutes (US Patent No. 3,119,236), hereinafter Lutes and Regnat et al. (US 20180320936), hereinafter Regnat.
Regarding claim 22, Lonzarich discloses a cryogenic apparatus (Fig. 10) comprising:
a sample stage (Fig. 10, sample plate);
a first temperature change mechanism connected to the sample stage (Fig. 10, solid-state refrigeration pill 1, sample plate; Col. 12, lines 59-64, More particularly, FIG. 10 shows an example adiabatic solid-state refrigeration system with two stages for serial cooling, showing a schematic of the lower part of an inner vacuum chamber of a cryogenic insert used to refrigerate samples in vacuum down to milli-Kelvin temperatures with solid-state refrigeration pills);
a second temperature change mechanism thermally connected to the sample stage, the first and second temperature change mechanisms being different from one another (Fig. 10, solid-state refrigeration pill 2; Col. 12, lines 59-64, More particularly, FIG. 10 shows an example adiabatic solid-state refrigeration system with two stages for serial cooling, showing a schematic of the lower part of an inner vacuum chamber of a cryogenic insert used to refrigerate samples in vacuum down to milli-Kelvin temperatures with solid-state refrigeration pills); and
a controller connected to the first thermal switch and to the first and second temperature change heater mechanisms, (Col. 6, lines 41-49, The invention further provides an adiabatic solid-state refrigeration system comprising: two solid-state refrigeration stages each thermally coupled to the same sample chamber, each comprising an adiabatic solid-state refrigerator (ASR), said ASR comprising a refrigeration pill, each with a respective controllable magnetic/electric field generator; and a control system to control removal of said magnetic/electric field from each of said pills sequentially to control cooling of said sample chamber) the controller being configured to:
operate the first temperature change mechanism in a first temperature range (A) (Col. 13, lines 12-16, Heat switch 1 is then opened and refrigeration pill 1 is demagnetized adiabatically by sweeping down the magnetic field applied to pill 1 sufficiently slowly. Refrigeration pills 1 and 2 and the sample plate then reach the first cooling stage temperature);
operate the second temperature change mechanism in a second temperature range (B) different from the first temperature range (A) (Col. 13, lines 16-21, At this time, heat switch 2 is opened and refrigeration pill 2 is demagnetized adiabatically. As a result the sample plate and any attached sample are cooled from the first stage temperature to the second stage temperature. With this method 1 mK temperatures have been achieved).
However, Lonzarich does not disclose the at least one first temperature change mechanism to be a heater; and
the controller configured to:
operate both the first and second temperature change heater mechanisms in a third temperature range (C) between the first temperature range (A) and the second temperature range (B).
Lutes teaches replacing one of two cooling means with an electric heater to achieve a temperature greater than the thermal bath temperature (Col. 4, lines 64-72, The temperature control utilized in the above type of device may also be used for controlling temperatures above the bath temperature. Cooling means 21 is used as a heat pump for supplying heat to control 24 during isothermal demagnetization thus maintaining it at a critical temperature which is higher than the temperature of bath 19. This effect can be achieved by replacing cooling means 21, and magnetic field means 22 with any heating means, such as an electric heater or the like).
Therefore, it would have been obvious before the effective filing date of the claimed invention to replace the at least one first temperature control means with an electric heater and to reprogram the controller of Lonzarich of claim 1 to operate both the at least one first temperature change mechanism and the at least one second temperature change mechanism in a third temperature range (C) between the first temperature range (A) and the second temperature range (B) as taught by Lutes. One of ordinary skill in the art would have been motivated to make this modification in order to provide an increased range of temperature control to allow for a variety of system operations to meet diverse user needs.
Further, Lonzarich as modified does not disclose another second temperature change mechanism thermally connectable by a first thermal switch to the second temperature change mechanism.
Regnat teaches connecting multiple ADR stages with thermal switches in series between a thermal reservoir and the sample stage (Fig 1a, first cooling device 100, ADR stages 10, heat switch 107, sample stage 4; Pg. 5, paragraph 62, A second cooling device can be one or multiple ADR stages 106. There may be any number between one and eight ADR stages 106. Multiple ADR stages 106 can be combined for multi-stage operation. Each ADR stage 106 comprises a heat switch 107, a magnetic refrigerant 108 and a magnet 109, e.g. a superconducting magnet. The first ADR stage 106 is connected to the first cooling device by a high thermal conductivity connection 103 through the heat switch 107. The subsequent ADR stages 106 are connected to each other through their respective heat switches 107. The final ADR stage 106 is coupled to the sample stage 4).
Lonzarich as modified fails to teach disclose another second temperature change mechanism thermally connectable by a first thermal switch to the second temperature change mechanism, however Regnat teaches that it is a known method in the art of cryogenic temperature control of a sample stage to include connecting multiple ADR stages with thermal switches in series between a thermal reservoir and the sample stage. This is strong evidence that modifying Lonzarich as modified as claimed would produce predictable results (i.e. increasing the refrigeration capacity available to the system). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Lonzarich as modified by Regnat and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of increasing the refrigeration capacity available to the system. Further, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to reprogram the controller of Lonzarich as modified to include the another second temperature change mechanism and fist thermal switch in the control operations to achieve a wider range of temperatures achievable by the system resulting in the controller being configured to operate both the first and second temperature change heater mechanisms, the first thermal switch, and the another second temperature change mechanism in a third temperature range (C) between the first temperature range (A) and the second temperature range (B).
Regarding claim 23, Lonzarich as modified discloses the cryogenic apparatus of claim 22 (see the combination of references used in the rejection of claim 22 above), further comprising a thermal reservoir connectable to the sample stage via a second thermal switch, the controller being configured to operate the second thermal switch to connect the sample stage and the thermal reservoir (Lonzarich, Fig. 10, first refrigeration stage is shown to be connectable to the sample plate, heat switch 1; Col. 7, lines 7-13, The system further comprises a first refrigeration stage, for example a metal plate cooled by a liquid helium-4 refrigerator or a liquid-cryogen free refrigerator (e.g. a pulse tube cryocooler or Gifford-McMahon cryocooler), or either of these combined with a pumped liquid helium-4 1 K cooling system or helium-3 cooling system; Further, the first refrigeration stage of Lonzarich has the same structure as the claimed thermal reservoir and is capable of functioning in the manner claimed).
Claim 24-25 is rejected under 35 U.S.C. 103 as being unpatentable over Lonzarich as modified by and Regnat Lutes as applied to claim 23 above, and further in view of Yayama (JP 2007255746), hereinafter Yayama.
Regarding claim 24, Lonzarich as modified discloses the cryogenic apparatus of claim 23 (see the combination of references used in the rejection of claim 23 above).
However, Lonzarich as modified does not disclose wherein the another second temperature change mechanism is thermally connectable by a third thermal switch to the thermal reservoir, the controller being connected to the third thermal switch and being configured to operate the third thermal switch to connect the another second temperature change mechanism and the thermal reservoir.
Yayama teaches both ends of temperature change mechanisms to be connected to by thermal switches to either of the cooled portion or the heat bath, the controller being connected to the third thermal switch and being configured to operate the third thermal switch to connect the temperature change mechanisms and the thermal reservoir (Fig. 1, heat bath side heat switches 12-1 through 12-3, cooled side portion thermal switches 14-1 through 14-3, control unit 17, magnetic bodies 13-1 through 13-2, cooled portion 15, heat bath 11; Pg. 4, The first to third superconducting coils 16-1 to 3 are connected to the control unit 17, respectively, and a predetermined current is passed through the first to third magnetic bodies 13-1 to 3 under the control of the control unit 17. Can be applied to the first to third magnetic bodies 13-1 to 13-3, respectively. Further, the control unit 17 is connected to the first to third heat bath side thermal switches 12-1 to 12-3, and is connected to the first to third cooled portion side thermal switches 14-1 to 3, so that the control unit 17 The on / off control of the first to third heat bath side heat switches 12-1 to 3 and the first to third cooled portion side heat switches 14-1 to 3 is performed).
Lonzarich as modified fails to teach wherein the another second temperature change mechanism is thermally connectable by a third thermal switch to the thermal reservoir, the controller being connected to the third thermal switch and being configured to operate the third thermal switch to connect the another second temperature change mechanism and the thermal reservoir, however Yayama teaches that it is a known method in the art of cryogenic temperature control of a sample stage to include both ends of temperature change mechanisms to be connected to by thermal switches to either of the cooled portion or the heat bath, the controller being connected to the third thermal switch and being configured to operate the third thermal switch to connect the temperature change mechanisms and the thermal reservoir. This is strong evidence that modifying Lonzarich as modified as claimed would produce predictable results (i.e. increasing overall system control to improve overall system abilities). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Lonzarich as modified by Yayama and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of increasing overall system control to improve overall system abilities.
Regarding claim 25, Lonzarich as modified discloses the cryogenic apparatus of claim 24 (see the combination of references used in the rejection of claim 24 above), wherein the controller is configured to operate the second and third thermal switches to connect the another second temperature change mechanism, the thermal reservoir, and the sample stage (Yayama, Pg. 4, The first to third superconducting coils 16-1 to 3 are connected to the control unit 17, respectively, and a predetermined current is passed through the first to third magnetic bodies 13-1 to 3 under the control of the control unit 17. Can be applied to the first to third magnetic bodies 13-1 to 13-3, respectively. Further, the control unit 17 is connected to the first to third heat bath side thermal switches 12-1 to 12-3, and is connected to the first to third cooled portion side thermal switches 14-1 to 3, so that the control unit 17 The on / off control of the first to third heat bath side heat switches 12-1 to 3 and the first to third cooled portion side heat switches 14-1 to 3 is performed). Further, the limitations of claim 25 are the result of the modification of references used in the rejection of claim 24 above.
Response to Arguments
Applicant's arguments filed November 14th, 2025 have been fully considered but they are not persuasive.
Applicant argues on Pg. 7-9 (as numbered by the Applicant) of the Remarks, “The combination of US' 065 and US' 236 is in point insofar as all rejections hinge upon. Applicant noted in its last response that: "Claim 1 as amended is differentiated from US '065, which uses a cooling mechanism, not a heating mechanism, at the relevant point. Combination with US'236 leads to reversible error since using a heater mechanism, as claimed, for refrigeration pill 1 is directly opposite to the teachings of US '065 and would disrupt its intended principle of operation, see MPEP 2143.0l(VI)." Indeed, this quote is reproduced in the Official Action at Response to Arguments (p. 31). Notably, however, the final rejection does not address Applicant's position. Instead, the final rejection attempts to sidestep Applicant's position by citing In re Keller, 642 F.2d 413 (CCPA 1981) for the proposition that the combination of US' 065 and US' 236 is proper inasmuch as it suggests the configuration we claim. Reliance on Keller is error in this instance. This is because subsequent case law on point for the issue raised here -that the combination of US'065, using a cooling mechanism, for the heater in US'236, would render US'065 inoperable- explicitly distinguishes Keller on this basis, indeed pronounces reliance on Keller in such circumstances misplaced. Attention in this regard is directed to In re Pieter Kramer, 925 F.2d 1479 (Fed. Cir. 1991) where the Federal Circuit overturned the combination rejection under 35 USC § 103, stating ( emphasis added): "Kramer argues that changing the carrier of Feinleib '386 to a reflective carrier using a reflective layer would render the carrier either inoperable or severely undesirable. The Commissioner's brief responds solely by citing In re Keller, 642 F. 2d 413, 208 USPQ 871 (CCPA). The Board's reliance on Keller is misplaced. It is true that it is the teachings, not the actual physical embodiments, of references that are considered in making an obviousness determination under 35 USC 103. Keller, 642 F.2d at 425, 208 USPQ at 881. On the other hand, it is equally true that if the teachings of a prior art reference would lead one skilled in the art to make a modification which would render another prior art device inoperable, then such a modification would generally not be obvious. See In re Gordon, 735 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984). Kramer's argument in this regard is that the teaching of a reflective layer is incompatible with the use of an amorphous semiconductor film. This later case law of Pieter Kramer controls the instance here. As applicable here, the official reliance on Keller is misplaced. Substituting the heater mechanism of US '236 for the refrigeration pill of US' 065 would render the former inoperable. The two are incompatible. The modification is not an obvious one and the rejection is in reversible error. For at least the foregoing reasons, the rejections under § 103 are submitted to be obviated and reconsideration and withdrawal of same is respectfully requested.” However, this argument is not persuasive as replacing one of the two ADRs of Lonzarich would merely give the system a wider operating range of temperatures as suggested by the teachings of Lutes and would still provide a cryogenic temperature control system for a sample stage (MPEP 2143.01, Section V). The Examiner further reiterates, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant’s arguments with respect to claims 22-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The rejection of independent claim 1 is maintained. The rejection of dependent claims 2 and 4-21 are also maintained for at least the reasons described herein. See the rejection of new claims 22-25 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawashima (US Patent No. 8,352,002) discloses a similar temperature control mechanism for a sample stage with a heater and multiple cryogenic refrigerators.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5.
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/DEVON MOORE/Examiner, Art Unit 3763 May 4th, 2026
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