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 .
Status
This Office Action is in response to the remarks and amendments filed on 02/14/2025.
Claims 1-20 are pending for consideration in this Office Action.
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:
Regarding claim 1, the recitation of claim limitation “thermal exchange system” in at least claim 1, 3, 5and 7.
Corresponds to “a pump and can also include piping through which the pump can propel or circulate a working fluid” in at least 0055 of the specifications.
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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-6, 11-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pourrahimi et al. (US2015/0135732A1), in view of Lamers et al. (US2022/0404247A1) and Further in view of Jonas et al. (US2017/0363697A1).
Regarding Claim 1, Pourrahimi teaches a system [400], comprising:
at least one cryostat [402; 0042]; and
a thermal battery [406; 0042] coupled to the at least one cryostat [fig. 4] by a thermal exchange system [fig. 4; 0042-0045], wherein the thermal battery [406] is configured to store thermal energy extracted from the at least one cryostat [0043 where TES modules absorb large amounts of thermal energy from the cryostat] upon a first condition [0043; where a transient operation is a first condition] and wherein the first condition comprises pre-cooling [0043 “active or main cooling system to cool the cold-mass and/or TES” see also 0014 “pre-cooled” where an active system pre-cools a passive system] and a vacuum chamber [0053 “a vacuum chamber”].
Pourrahimi does not explicitly teach to supply thermal energy to the at least one cryostat upon a second condition and an interior thermal barrier surrounding the thermal battery; an exterior thermal barrier surrounding the interior thermal barrier; and a vacuum chamber disposed between the interior thermal battery and the exterior thermal battery.
However, Lamers teaches to supply thermal energy [0035 “provide passive cooling to a sample and to other devices in a sample chamber” see also 0070; “thermal reservoir 333”] to the at least one cryostat upon [0078; “cryobox” 329 corresponding to 402 of Pourrahimi] a second condition [0074 “discharged (warmed) to 15 K over the stand time”].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Pourrahimi to have to supply thermal energy to the at least one cryostat upon a second condition in view of the teachings of Lamers where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. secures a system that stores thermal energy extracted from a cryostat while pre-cooling and supplies thermal energy to the cryostat upon pre-warming which allows for thermal reserve flexibility [Lamers; 0066].
Furthermore, Jonas teaches an interior thermal barrier [212a] surrounding the thermal battery[fig. 3; 340 corresponding to 406 of Pourrahimi];
an exterior thermal barrier [212b] surrounding the interior thermal barrier [fig. 3]; and
a vacuum chamber [0038 “a vacuum” corresponding to a vacuum chamber of Pourrahimi] disposed between the interior thermal battery and the exterior thermal battery [0038 “an evacuated space where any, gas, liquid, etc. has been removed, comprising a vacuum”].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of the modified Pourrahimi teaching with Jonas by combining an interior thermal barrier surrounding the thermal battery; an exterior thermal barrier surrounding the interior thermal barrier; and a vacuum chamber disposed between the interior thermal battery and the exterior thermal battery where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. secures a system where an interior thermal barrier surrounding the thermal battery, an exterior thermal barrier surrounding the interior thermal barrier; and a vacuum chamber disposed between the interior thermal battery and the exterior thermal battery which thermally isolates the thermal mass [Jonas; 0058].
Regarding Claim 3, modified Pourrahimi teaches the system of claim 1 and Pourrahimi teaches wherein the at least one cryostat [402] is colder than the thermal battery [0025 “more heat or thermal energy needs to be removed from the cryostat”], and wherein the thermal exchange system [at least at least 408, 404 and 410] is configured to circulate a thermal exchange fluid [not given a character reference; fig. 4] between the at least one cryostat and the thermal battery [0042],
which circulation is configured to cause the thermal exchange fluid to absorb energy from the thermal battery [406] and to deposit the energy to the at least one cryostat [0044 “flow of heat between the cryostat, the TES modules”].
Regarding Claim 4, modified Pourrahimi teaches the system of claim 3 and Pourrahimi teaches wherein the at least one cryostat is below five Kelvin [0055; “3 K”].
Regarding Claim 5, modified Pourrahimi teaches the system of claim 1 and Pourrahimi teaches wherein the at least one cryostat [402] is warmer than the thermal battery [0042 “TES modules to cool the same cryostat”], and wherein the thermal exchange system [400] is configured to circulate a thermal exchange fluid between the at least one cryostat and the thermal battery [0025],
which circulation is configured to cause the thermal exchange fluid to absorb energy from the at least one cryostat [402] and to deposit the energy to the thermal battery [0044 “flow of heat between the cryostat, the TES modules”].
Regarding Claim 6, modified Pourrahimi teaches the system of claim 5 and Pourrahimi teaches wherein the at least one cryostat [402] is at room temperature [Lamers; 0075 indicating that cooling is required from room temperature to cryogenic temperatures.].
Regarding Claim 11, Pourrahimi teaches a method for a cryogenic cooling of system [abstract] and Pourrahimi teaches the system [400] comprises:
opening, via one or more controllers [0044 where a system being controlled has one or more controllers], one or more first flow valves [412; fig. 4] of thermal exchange plumbing [0042-0044 where 408 and 410 are thermal exchange plumbing],
wherein the thermal exchange plumbing [408/410] couples a cryostat [402; fig. 4] to a thermal battery [406; fig. 4], and wherein a first cell [fig. 4 where one of the TES modules is a first cel] of the thermal battery [406] is thermally integrated with the cryostat [402] when the one or more first flow valves are open [0044-0045]; and
circulating, via a pump [404; fig. 4 see also 0027 where a circulator is most certainly a pump which circulates a thermal exchange fluid] and through the thermal exchange plumbing [fig. 4], a thermal exchange fluid [not shown] between the cryostat [402] and the first cell [0042-0045], until a temperature of the cryostat is changed to within a threshold margin of a temperature of the first cell [0020 where cooling load sensitivity will determine the temperature a cryostat is changed to in order to be with in a predetermined threshold], wherein the thermal battery [406] is configured to store thermal energy extracted from the at least one cryostat [0043 where TES modules absorb large amounts of thermal energy from the cryostat] upon a first condition [0043; where a transient operation is a first condition] and wherein the first condition comprises pre-cooling [0043 “active or main cooling system to cool the cold-mass and/or TES” see also 0014 “pre-cooled” where an active system pre-cools a passive system ] and a thermal battery [406] enclosed with a vacuum chamber [0053 “a vacuum chamber”].
Pourrahimi does not explicitly teach to supply thermal energy to the at least one cryostat upon a second condition and a thermal battery enclosed with a vacuum chamber provided with an interior thermal barrier surrounding the thermal battery, an exterior thermal barrier surrounding the interior thermal barrier, and the vacuum chamber disposed between the interior thermal battery and the exterior thermal battery.
However, Lamers teaches to supply thermal energy [0035 “provide passive cooling to a sample and to other devices in a sample chamber” see also 0070; “thermal reservoir 333”] to the at least one cryostat upon [0078; “cryobox” 329 corresponding to 402 of Pourrahimi] a second condition [0074 “discharged (warmed) to 15 K over the stand time”].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Pourrahimi to have to supply thermal energy to the at least one cryostat upon a second condition in view of the teachings of Lamers where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. secures a system that stores thermal energy extracted from a cryostat while pre-cooling and supplies thermal energy to the cryostat upon pre-warming which allows for thermal reserve flexibility [Lamers; 0066].
Furthermore, Jonas teaches a thermal battery [340 corresponding to 406 of Pourrahimi] enclosed with a vacuum chamber [0038 “a vacuum” corresponding to a vacuum chamber of Pourrahimi] provided with an interior thermal barrier [212a] surrounding the thermal battery [Fig. 3; 340], an exterior thermal barrier [212b] surrounding the interior thermal barrier [fig. 3], and the vacuum chamber disposed between the interior thermal battery and the exterior thermal battery [0038 “an evacuated space where any, gas, liquid, etc. has been removed, comprising a vacuum”].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of the modified Pourrahimi teaching with Jonas by combining a thermal battery enclosed with a vacuum chamber provided with an interior thermal barrier surrounding the thermal battery, an exterior thermal barrier surrounding the interior thermal barrier, and the vacuum chamber disposed between the interior thermal battery and the exterior thermal battery where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. secures a system where a thermal battery enclosed with a vacuum chamber provided with an interior thermal barrier surrounding the thermal battery, an exterior thermal barrier surrounding the interior thermal barrier, and the vacuum chamber disposed between the interior thermal battery and the exterior thermal battery which thermally isolates the thermal mass [Jonas; 0058].
Regarding Claim 12, modified Pourrahimi teaches the method of claim 11 and Pourrahimi teaches further comprising:
in response to a determination that the temperature of the cryostat is within the threshold margin of the temperature of the first cell [fig. 4], ceasing, via the pump [404], circulation of the thermal exchange fluid between the cryostat [402] and the first cell [fig. 4]; and closing, via the one or more controllers, the one or more first flow valves [412] of the thermal exchange plumbing [0044],
wherein the first cell [fig. 4] of the thermal battery [406] is thermally isolated from the cryostat [402] when the one or more first flow valves are closed [0044; where all valves described could be closed in steady state operation].
Regarding Claim 13, modified Pourrahimi teaches the method of claim 12 and Pourrahimi teaches further comprising: in response to closing the one or more first flow valves [412],
opening, via the one or more controllers, one or more second flow valves [fig. 4] of the thermal exchange plumbing, wherein a second cell [fig. 4] of the thermal battery is thermally integrated with the cryostat when the one or more second flow valves [fig. 4] are open [0044]; and
circulating, via the pump [404] and through the thermal exchange plumbing, the thermal exchange fluid between the cryostat [402] and the second cell [0044; where one of ordinary skill in the art would understand that with multiple valves and multiple thermal batteries this could be done without any inventive concepts].
Regarding Claim 14, modified Pourrahimi teaches the method of claim 13 and Pourrahimi teaches wherein the first cell [406] and the second cell [fig. 4] have different masses or different heat capacities [0013].
Regarding Claim 15, modified Pourrahimi teaches the method of claim 11 and Pourrahimi teaches wherein the temperature of the cryostat [402] is below the temperature of the first cell [406; 0025], such that circulation of the thermal exchange fluid between the cryostat and the first cell causes the cryostat to be heated and the first cell to be cooled [0044].
Regarding Claim 16, modified Pourrahimi teaches the method of claim 11 and Pourrahimi teaches wherein the temperature of the cryostat [402] is above the temperature of the first cell, such that circulation of the thermal exchange fluid between the cryostat and the first cell causes the cryostat to be cooled and the first cell to be heated [0044].
Regarding Claim 17, Pourrahimi teaches a cryogenic device [0042] and Pourrahimi teaches further comprising: a thermal battery [406] in a vacuum chamber [0053 “a vacuum chamber”]; and
thermal exchange plumbing [fig. 4; at least 408, 404, 412 and 410] that couples the thermal battery [406] to an exterior of the vacuum chamber [0013];
and wherein the thermal battery [406] is configured to store thermal energy extracted from the at least one cryostat [0043 where TES modules absorb large amounts of thermal energy from the cryostat] upon a first condition [0043; where a transient operation is a first condition] and wherein the first condition comprises pre-cooling [0043 “active or main cooling system to cool the cold-mass and/or TES” see also 0014 “pre-cooled” where an active system pre-cools a passive system].
Pourrahimi does not explicitly teach a thermal battery suspended in a vacuum chamber; and to supply thermal energy to the at least one cryostat upon a second condition and an interior thermal barrier surrounding the thermal battery; and an exterior thermal barrier surrounding the interior thermal barrier, wherein the vacuum chamber is disposed between the interior thermal battery and the exterior thermal battery.
However, Lamers teaches a thermal battery [333; 0070] suspended [331] in a vacuum chamber [376 corresponding to the vacuum chamber of Pourrahimi]; and
to supply thermal energy [0035 “provide passive cooling to a sample and to other devices in a sample chamber”] to the at least one cryostat upon [0078; “cryobox” 329 corresponding to 402 of Pourrahimi] a second condition [0074 “discharged (warmed) to 15 K over the stand time”].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Pourrahimi to have a thermal battery suspended in a vacuum chamber; and to supply thermal energy to the at least one cryostat upon a second condition in view of the teachings of Lamers where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. secures a system that stores thermal energy suspended in a vacuum chamber which is extracted from a cryostat while pre-cooling and supplies thermal energy to the cryostat upon pre-warming which allows for thermal reserve flexibility [Lamers; 0066].
Furthermore, Jonas teaches an interior thermal barrier [212a] surrounding the thermal battery [fig. 3; 340 corresponding to 406 of Pourrahimi]; and
an exterior thermal barrier [212b] surrounding the interior thermal barrier [fig. 3], wherein the vacuum chamber [0038 “a vacuum” corresponds to a vacuum chamber of Pourrahimi] is disposed between the interior thermal battery and the exterior thermal battery [0038 “an evacuated space where any, gas, liquid, etc. has been removed, comprising a vacuum”].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of the modified Pourrahimi teaching with Jonas by combining an exterior thermal barrier surrounding the interior thermal barrier, wherein the vacuum chamber is disposed between the interior thermal battery and the exterior thermal battery where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. secures a system where an exterior thermal barrier surrounding the interior thermal barrier, wherein the vacuum chamber is disposed between the interior thermal battery and the exterior thermal battery which thermally isolates the thermal mass [Jonas; 0058].
Regarding Claim 19, modified Pourrahimi teaches the device of claim 17 and Pourrahimi teaches wherein the thermal battery [406] comprises at least two cells [fig. 4], and wherein the at least two cells have different masses [Lamers; 0007 “secondary thermal reservoir can incorporate copper or a copper alloy. The primary thermal reservoir can incorporate erbium or an erbium alloy”] or different heat capacities than each other [Lamers; 0081-0083 “specific heat capacity c.sub.p is plotted”].
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Pourrahimi et al., Lamers et al. and Jonas et al. as applied to claim 1 above and in view of Schmidt (WO9628703A2).
Regarding Claim 2, modified Pourrahimi teaches the system of claim 1 and Pourrahimi teaches the thermal battery [406] is thermally insulated, by a vacuum chamber [0053 “a vacuum chamber”] or by a heat shield [Jonas; 213] from an ambient environment [0016; where the device is a cryostat] surrounding the at least one cryostat [402].
Modified Pourrahimi does not explicitly teach the thermal battery is thermally insulated, or by underground installation.
However, Schmidt teaches a heat store for storing heat energy [abstract] and wherein the thermal battery [1 corresponding to 406 of Pourrahimi] is thermally insulated, by underground installation [8; 0023] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. secures cryogenic cooling system where the thermal battery is thermally insulated by underground installation.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the system of modified Pourrahimi to have where the thermal battery is thermally insulated, by underground installation in view of the teachings of Schmidt where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. secures cryogenic cooling system where the thermal battery is thermally insulated by underground installation which can lower the manufacturing cost [Schmidt; 0018-0019].
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pourrahimi et al., Lamers et al. and Jonas et al. as applied to claim 1 above in view of Bissell et al. (US11199366B2).
Regarding Claim 7, modified Pourrahimi teaches the system of claim 1 and Pourrahimi teaches wherein the thermal battery [406] comprises a plurality of cells [fig. 4] that are respectively coupled to the at least one cryostat [fig. 4] via a plurality of actuatable flow valves [412; fig. 4] of the thermal exchange system [fig. 4; 0052].
Modified Pourrahimi does not explicitly teach wherein the thermal battery comprises a plurality of thermally insulated cells.
However, Bissell teaches thermal energy storage systems [col. 1; lines 19-20] and wherein the thermal battery comprises a plurality of thermally insulated [104] cells [fig. 1; col.23 line 59- col. 24 line 5] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. secures a cryogenic cooling of system where the thermal battery comprises a plurality of thermally insulated cells.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the system of modified Pourrahimi to have where the thermal battery comprises a plurality of thermally insulated cells in view of the teachings of Bissell where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. secures a cryogenic cooling of system where the thermal battery comprises a plurality of thermally insulated cells which improves thermal energy storage [Bissell; col. 21 line 62-col.22 line 12].
Regarding Claim 8, Modified Pourrahimi teaches the system of claim 7 and Pourrahimi teaches wherein the plurality of actuatable flow valves [412] are configured to operate alternately [0042-0044 “keeping particular valves open and other particular valves closed”], such that at most one of the plurality of thermally insulated cells [Bissell; 104] is thermally coupled to the at least one cryostat at a time [0044].
Regarding Claim 9, Modified Pourrahimi teaches the system of claim 7 and Pourrahimi teaches wherein two or more of the plurality of thermally insulated cells [Bissell; 104] have different masses or different heat capacities than each other [Lamers; 0082].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pourrahimi et al., Lamers et al., Jonas et al. and Bissell et al. as applied to claim 7 above and in view of Holmes et al. (US2021/0151658A1).
Regarding Claim 10, Modified Pourrahimi teaches the system of claim 7 and Pourrahimi teaches the cryostat [402; 0015].
Modified Pourrahimi does not explicitly teach wherein the cryostat houses a quantum processor.
However, Holmes teaches an active cooling structure [0004] and wherein the cryostat houses a quantum processor [0042] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. secures a cryogenic cooling system where the cryostat houses a quantum processor.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the system of modified Pourrahimi to have where the cryostat houses a quantum processor in view of the teachings of Holmes where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. secures a cryogenic cooling system where the cryostat houses a quantum processor which improves reliability [Holmes; 0026].
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pourrahimi et al., Lamers et al. and Jonas et al. as applied to claim 17 above and in view of Cui et al. (US2012/0247706A1).
Regarding Claim 18, modified Pourrahimi, teaches the device of claim 17 and Pourrahimi teaches the thermal battery [406].
Pourrahimi does not explicitly teach comprising a spherical mass of copper.
However, Cui teaches a system and process for storing cold energy [0001] and comprising a spherical [0009] mass of copper [0021] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. secures a cryogenic cooling system where the thermal battery is comprised by a spherical mass of copper.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Pourrahimi to have comprising a spherical mass of copper in view of the teachings of Cui where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. secures a cryogenic cooling system where the thermal battery is comprised by a spherical mass of copper which lowers costs [Cui; 0002].
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pourrahimi et al., Lamers et al. and Jonas et al. as applied to claim 17 above in view of Zia et al. (US2009/0071171A1).
Regarding Claim 20, modified Pourrahimi teaches the device of claim 17 and Pourrahimi teaches the thermal exchange plumbing [at least 408, 404, 412 and 410].
Pourrahimi does not explicitly teach wherein the thermal exchange plumbing comprises vacuum-insulated pipes.
However, Zia teaches cryogenic liquid storage [abstract] and vacuum-insulated pipes [44; 0016] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. secures a cryogenic cooling device where the thermal exchange plumbing is comprised of vacuum-insulated pipes.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Pourrahimi to have the thermal exchange plumbing comprises vacuum-insulated pipes in view of the teachings of Zia where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. secures a cryogenic cooling device where the thermal exchange plumbing is comprised of vacuum-insulated pipes where using an evacuated pipe is insulates the pipe from heat leakage [Zia; 0015].
Response to Arguments
Applicant's arguments filed 03/31/2026, have been fully considered but they are not persuasive.
Applicant’s arguments, see pg. 8, with respect to the rejection(s) of claim(s) 1, 11 and 17 under 35 U.S.C. § 103 have been fully considered and are persuasive.
Therefore, the rejection has been withdrawn.
However, upon further consideration, a new ground(s) of rejection is made in view of Jonas et al. (US2017/0363697A1).
Applicant does not separately argue claims 2-7, 9,11, 16-19 except for the dependency from claim 1. Therefore the rejections are considered proper and maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam D Moore whose telephone number is (703)756-1932. The examiner can normally be reached Monday-Thursday: 09:00AM-07:00PM (Eastern).
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/ADAM DORREL MOORE/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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