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 .
Election/Restrictions
Applicant’s election without traverse of Group II (Claims 9-20) in the reply filed on October 02nd, 2025 is acknowledged.
Claims 1-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 02nd, 2025.
Drawings
Figures 1 and 2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 9 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of copending Application No. 18/343,233 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 10 of copending Application No. 18/343,233 does not preclude the cryogenic system from having “a subset of shells are at different temperature levels” and further the “at least one cryogenic cooling unit” of 10 of copending Application No. 18/343,233 could include “at least one retrofitted version of a standard dilution refrigerator”.
Claim 12 is also provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of copending Application No. 18/343,233 (reference application).
Claim 15 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of copending Application No. 18/343,233 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 15 of copending Application No. 18/343,233 does not preclude the plurality of unit cells from being trapezodial and further the “at least one cryogenic cooling unit” of 15 of copending Application No. 18/343,233 could include “at least one retrofitted version of a standard dilution refrigerator”.
Claim 18 is also provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of copending Application No. 18/343,233 (reference application).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Objections
Claims 9-20 are objected to because of the following informalities:
Claim 9, line 2: “each unit cell” should read “each unit cell of the plurality of unit cells”
Claim 9, line 4: “a subset of shells” should read “a subset of shells of the plurality of nested temperature shells”
Claim 9, line 8: “the at least one retrofitted version of a standard dilution” should read “the at least one retrofitted version of the standard dilution”
Claim 9, line 9: “adjacent unit cells” should read “adjacent unit cells of the plurality of unit cells”
Claim 9, line 10: “adjacent unit cells” should read “adjacent unit cells of the plurality of unit cells”
Claim 9, line 10: “each temperature level” should read “each temperature level of the different temperature levels”
Claim 9, line 11: “temperature shells” should read “temperature shells of the plurality of nested temperature shells”
Claim 9, line 11: “adjacent unit cells” should read “adjacent unit cells of the plurality of unit cells”
Claim 10, line 3: “adjacent unit cells” should read “adjacent unit cells of the plurality of unit cells”
Claim 11, line 1: “a unit cell” should read “a unit cells of the plurality of unit cells”
Claim 13, line 2: “the unit cells” should read “the unit cells of the plurality of unit cells”
Claim 13, line 2: “an O-ring” should read “the O-ring”
Claim 13, line 2: “the unit cells” should read “the unit cells of the plurality of unit cells”
Claim 13, line 3: “an O-ring” should read “the O-ring”
Claim 15, line 2: “each trapezoidal unit cell” should read “each trapezoidal unit cell of the plurality of trapezoidal unit cells”
Claim 15, line 9: “the at least one retrofitted version of a standard dilution” should read “the at least one retrofitted version of the standard dilution”
Claim 15, line 10: “adjacent trapezoidal unit cells” should read “adjacent trapezoidal unit cells of the plurality of trapezoidal unit cells”
Claim 15, line 11: “adjacent trapezoidal unit cells” should read “adjacent trapezoidal unit cells of the plurality of trapezoidal unit cells”
Claim 15, line 12: “adjacent trapezoidal unit cells” should read “adjacent trapezoidal unit cells of the plurality of trapezoidal unit cells”
Claim 16, line 3: “adjacent trapezoidal unit cells” should read “adjacent trapezoidal unit cells of the plurality of trapezoidal unit cells”
Claim 17, line 1: “a trapezoidal unit cell” should read “a trapezoidal unit cells of the plurality of trapezoidal unit cells”
Claim 19, line 2: “the trapezoidal unit cells” should read “the trapezoidal unit cells of the plurality of trapezoidal unit cells”
Claim 19, line 2: “adjacent trapezoidal unit cells” should read “adjacent trapezoidal unit cells of the plurality of trapezoidal unit cells”
Claims 10-12 and 14 are also objected to by virtue of their dependency on claim 9.
Claim 13 is also objected to by virtue of its dependency on claim 10.
Claims 16-18 and 20 are also objected to by virtue of their dependency on claim 15.
Claim 19 is also objected to by virtue of its dependency on claim 16.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 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 12, 14, 18, and 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 12 recites the limitation "the plurality of frames" in line 2. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the plurality of frames" in line 2 of claim 12 to “a plurality of frames”.
The term “substantially” in claim 12 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The degree to which the radiation-resistant thermal enclosure is closed is rendered indefinite by the use of the term “substantially”. For purposes of examination, the Examiner will interpret the any degree of closure to be “substantially closed”.
Claim 14 recites the limitation "the O-ring" in line 2. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the O-ring " in line 2 of claim 14 to “an O-ring”.
Claim 18 recites the limitation "the plurality of frames" in line 3. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the plurality of frames" in line 3 of claim 18 to “a plurality of frames”.
The term “substantially” in claim 18 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The degree to which the radiation-resistant thermal enclosure is closed is rendered indefinite by the use of the term “substantially”. For purposes of examination, the Examiner will interpret the any degree of closure to be “substantially closed”.
Claim 20 recites the limitation "the O-ring" in line 3. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the O-ring " in line 3 of claim 20 to “an O-ring”.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 9-14 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Jiang et al. (WO 2023156801), hereinafter Jiang.
Regarding claim 9, Jiang discloses a cryogenic system (Fig. 6; Pg. 16, lines 2-4, A first module 100 for forming part of a cryogenic cooling system according to a first embodiment of the invention will now be discussed with reference to Figures 3-5) comprising:
a plurality of unit cells joined together (Fig. 6, first module 100, second module 150; Pg. 18, lines 12-17, An example is shown in Figures 6 and 7 in which two such modules according to Figures 3-5 are joined together to form an integrated cryogenic cooling system according to the first embodiment. A removable panel is removed from the right side face of a first module 100 and a removable panel is removed from the left side of a second module 150, as shown in Figure 6), wherein each unit cell comprises:
a frame (Fig. 4, framework 21);
a plurality of nested temperature shells wherein a subset of shells are at different temperature levels (Fig. 3, heat radiation shields 41-43; Pg. 17, lines 12-28, A nested assembly of heat radiation shields is provided within the module 100, each heat radiation shield being connected to a respective thermal stage and surrounding the lower temperature components. A first heat radiation shield 41 is connected to the PT1 stage 105, a second heat radiation shield 42 is connected to the PT2 stage 106, and a third heat radiation shield 43 is connected to the still stage 107, wherein the second heat radiation shield 42 is arranged between the first heat radiation shield 41 and the third heat radiation shield 43. The first and second heat shields 41, 42 are typically aluminum whereas the third heat shield 43 is typically copper. The heat radiation shields 41-43 are configured to form a closed structure when fully assembled and mounted to the respective thermal stages, and will surround the components of the system that are configured to be cooled to a lower temperature. The heat radiation shields 41-43 have four orthogonal side surfaces, which are configured to fit together. In the present embodiment each side surface of each heat radiation shield comprises two coplanar removable panels for providing external access to the region contained by the heat radiation shield, as shown by Figure 5. Handles are attached to the outside of the side faces for convenience during assembly and disassembly);
at least one retrofitted version of a standard dilution refrigerator (Pg. 20, lines 28-31, In the first embodiment of Figure 8 two modules 100, 150 are coupled together that have the same cryogenic refrigerator set-up in each. In particular, each module forms a cryogen-free dilution refrigerator with the PTR and dilution unit being arranged as discussed with reference to Figure 3); and
at least one cryogenic payload located within at least one of the temperature levels, that is cooled by the at least one retrofitted version of a standard dilution refrigerator, wherein frames from adjacent unit cells are connected in a vacuum-tight manner at abutting surfaces of the adjacent unit cells, and at each temperature level, temperature shells from the adjacent unit cells are connected to form a continuous, global temperature shell (Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal; Further, the teachings of Jiang at least imply at least one cryogenic payload located within at least one of the temperature levels, that is cooled since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)).
Regarding claim 10, Jiang discloses the system of claim 9 (see the rejection of claim 9 above), wherein each frame comprises an O-ring placed in an O-ring groove cut into a left face of the frame or a right face of the frame, and wherein the frames from the adjacent unit cells are connected in a vacuum-tight manner by compressing the O-ring between the abutting surfaces (Fig. 11, housing connector 220; Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal; Further, “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). MPEP § 2113-I.).
Regarding claim 11, Jiang discloses the system of claim 9 (see the rejection of claim 9 above), wherein a unit cell is capable of being horizontally removed from or inserted into the plurality of joined unit cells (Pg. 20, lines 18-20, Although only two modules are coupled together in the first embodiment, it will be appreciated that any number of modules could be connected together to increase the size of the system).
Regarding claim 12, Jiang discloses the system of claim 9 (see the rejection of claim 9 above), further comprising at each end of the plurality of unit cells:
an end frame, wherein the plurality of frames and end frames together form a vacuum-tight vessel (See annotated Fig. 7 of Jiang below, end frame A; Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal); and
an end cap for the global temperature shell at each end of the plurality of unit cells, wherein the global temperature shell and end caps form a substantially closed, radiation-resistant thermal enclosure (See annotated Fig. 7 of Jiang below, end cap B; Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal; As best understood, see 112(b) rejections above).
PNG
media_image1.png
535
633
media_image1.png
Greyscale
Annotated Fig. 7 of Jiang
Regarding claim 13, Jiang discloses the system of claim 10 (see the rejection of claim 10 above), wherein the plurality of unit cells are joined together by interleaving the unit cells containing an O-ring in the left face with the unit cells containing an O-ring in the right face (Pg. 1, lines 12-24, An example is shown in Figures 6 and 7 in which two such modules according to Figures 3-5 are joined together to form an integrated cryogenic cooling system according to the first embodiment. A removable panel is removed from the right side face of a first module 100 and a removable panel is removed from the left side of a second module 150, as shown in Figure 6. The first and second modules 100, 150 are then arranged so that the right side face of the first module 100 abuts against the left side face of the second module 150. The framework 21 for the first and second modules comprises housing connectors 120 comprising a flange on the exterior of the housing 110 and a sealing member arranged around the outside of the area for the removable panel. A said flange on the right side of the first module 100 is arranged fit to a said flange on the left side of the second module 150 by fastening members, such as bolts, coupling the flanges together; Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal).
Regarding claim 14, Jiang discloses the system of claim 9 (see the rejection of claim 9 above), further comprising on each frame of the plurality of unit cells:
a set of front flanges, wherein the O-ring is compressed by threaded fasteners on the set of front flanges (Pg. 1, lines 12-24, An example is shown in Figures 6 and 7 in which two such modules according to Figures 3-5 are joined together to form an integrated cryogenic cooling system according to the first embodiment. A removable panel is removed from the right side face of a first module 100 and a removable panel is removed from the left side of a second module 150, as shown in Figure 6. The first and second modules 100, 150 are then arranged so that the right side face of the first module 100 abuts against the left side face of the second module 150. The framework 21 for the first and second modules comprises housing connectors 120 comprising a flange on the exterior of the housing 110 and a sealing member arranged around the outside of the area for the removable panel. A said flange on the right side of the first module 100 is arranged fit to a said flange on the left side of the second module 150 by fastening members, such as bolts, coupling the flanges together; Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal).
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 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (WO 2023156801), hereinafter Jiang in view of Becerikli et al. (WO 2018208248), hereinafter Becerikli.
Regarding claim 15, Jiang discloses a cryogenic system (Fig. 6; Pg. 16, lines 2-4, A first module 100 for forming part of a cryogenic cooling system according to a first embodiment of the invention will now be discussed with reference to Figures 3-5) comprising:
a plurality of unit cells joined together (Fig. 6, first module 100, second module 150; Pg. 18, lines 12-17, An example is shown in Figures 6 and 7 in which two such modules according to Figures 3-5 are joined together to form an integrated cryogenic cooling system according to the first embodiment. A removable panel is removed from the right side face of a first module 100 and a removable panel is removed from the left side of a second module 150, as shown in Figure 6), wherein each unit cell comprises:
a frame assembly comprising at least one door that forms a vacuum-tight seal when closed (Fig. 4, framework 21; Fig. 10, removable panel 135; Pg. 21, lines 21-26, A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings);
a plurality of nested temperature shells wherein a subset of shells are at different temperature levels (Fig. 3, heat radiation shields 41-43; Pg. 17, lines 12-28, A nested assembly of heat radiation shields is provided within the module 100, each heat radiation shield being connected to a respective thermal stage and surrounding the lower temperature components. A first heat radiation shield 41 is connected to the PT1 stage 105, a second heat radiation shield 42 is connected to the PT2 stage 106, and a third heat radiation shield 43 is connected to the still stage 107, wherein the second heat radiation shield 42 is arranged between the first heat radiation shield 41 and the third heat radiation shield 43. The first and second heat shields 41, 42 are typically aluminum whereas the third heat shield 43 is typically copper. The heat radiation shields 41-43 are configured to form a closed structure when fully assembled and mounted to the respective thermal stages, and will surround the components of the system that are configured to be cooled to a lower temperature. The heat radiation shields 41-43 have four orthogonal side surfaces, which are configured to fit together. In the present embodiment each side surface of each heat radiation shield comprises two coplanar removable panels for providing external access to the region contained by the heat radiation shield, as shown by Figure 5. Handles are attached to the outside of the side faces for convenience during assembly and disassembly);
at least one retrofitted version of a standard dilution refrigerator (Pg. 20, lines 28-31, In the first embodiment of Figure 8 two modules 100, 150 are coupled together that have the same cryogenic refrigerator set-up in each. In particular, each module forms a cryogen-free dilution refrigerator with the PTR and dilution unit being arranged as discussed with reference to Figure 3); and
at least one cryogenic payload located within at least one of the temperature levels, that is cooled by the at least one retrofitted version of a standard dilution refrigerator, wherein frames from adjacent unit cells are connected in a vacuum-tight manner at abutting surfaces of the adjacent unit cells, and at each temperature level, temperature shells from the adjacent unit cells are connected to form a continuous, global temperature shell (Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal; Further, the teachings of Jiang at least imply at least one cryogenic payload located within at least one of the temperature levels, that is cooled since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)).
However, Jiang does not explicitly disclose the plurality of unit cells to be trapezoidal.
Becerikli teaches the plurality of unit cells to be trapezoidal (Fig. 4a of Becerikli depicts a plurality of unit cells to be trapezoidal).
Jiang fails to teach the plurality of unit cells to be trapezoidal, however Becerikli teaches that it is a known method in the art of scalable refrigeration systems to include trapezoidal unit cells. This is strong evidence that modifying Jiang as claimed would produce predictable results (i.e. reducing the overall footprint of joined structures). 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 Jiang by Becerikli 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 reducing the overall footprint of joined structures.
Regarding claim 16, Jiang as modified discloses the system of claim 5 (see the combination of references used in the rejection of claim 5 above), wherein each frame comprises an O-ring placed in an O-ring groove cut into a left face of the frame or a right face of the frame, and wherein the frames from the adjacent trapezoidal unit cells are connected in a vacuum-tight manner by compressing the O-ring between the abutting surfaces (Jiang, Fig. 11, housing connector 220; Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal; Further, “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). MPEP § 2113-I.).
Regarding claim 17, Jiang as modified discloses the system of claim 15 (see the combination of references used in the rejection of claim 15 above), wherein a trapezoidal unit cell is capable of being horizontally removed from or inserted into the plurality of joined trapezoidal unit cells (Jiang, Pg. 20, lines 18-20, Although only two modules are coupled together in the first embodiment, it will be appreciated that any number of modules could be connected together to increase the size of the system).
Regarding claim 18, Jiang as modified discloses the system of claim 15 (see the combination of references used in the rejection of claim 15 above), further comprising at each end of the plurality of trapezoidal unit cells
an end frame, wherein the plurality of frames and end frames together form a vacuum-tight vessel (See annotated Fig. 7 of Jiang below, end frame A; Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal); and
an end cap for the global temperature shell at each end of the plurality of trapezoidal unit cells, wherein the global temperature shell and end caps form a substantially closed, radiation-resistant thermal enclosure (See annotated Fig. 7 of Jiang below, end cap B; Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal; As best understood, see 112(b) rejections above).
PNG
media_image1.png
535
633
media_image1.png
Greyscale
Annotated Fig. 7 of Jiang
Regarding claim 19, Jiang discloses the system of claim 16 (see the combination of references used in the rejection of claim 16 above), wherein the plurality of trapezoidal unit cells are joined together by interleaving the trapezoidal unit cells based on position of the O-ring (Jiang, Pg. 1, lines 12-24, An example is shown in Figures 6 and 7 in which two such modules according to Figures 3-5 are joined together to form an integrated cryogenic cooling system according to the first embodiment. A removable panel is removed from the right side face of a first module 100 and a removable panel is removed from the left side of a second module 150, as shown in Figure 6. The first and second modules 100, 150 are then arranged so that the right side face of the first module 100 abuts against the left side face of the second module 150. The framework 21 for the first and second modules comprises housing connectors 120 comprising a flange on the exterior of the housing 110 and a sealing member arranged around the outside of the area for the removable panel. A said flange on the right side of the first module 100 is arranged fit to a said flange on the left side of the second module 150 by fastening members, such as bolts, coupling the flanges together; Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal), such that wide ends of a trapezoidal unit cell are placed next to narrow ends of adjacent trapezoidal unit cells (Fig. 4a of Becerikli depict wide ends of the trapezoidal units 20 to be placed next to narrow ends of adjacent trapezoidal units 20 and would maintain this arrangement when modified as described herein). Further, the rejection of claim 19 is the result of the modification of references used in the rejection of claim 15 above.
Regarding claim 20, Jiang as modified discloses the system of claim 15 (see the combination of references used in the rejection of claim 15 above), further comprising on each frame of the plurality of trapezoidal unit cells:
a set of front flanges, wherein the O-ring is compressed by threaded fasteners on the set of front flanges (Jiang, Pg. 1, lines 12-24, An example is shown in Figures 6 and 7 in which two such modules according to Figures 3-5 are joined together to form an integrated cryogenic cooling system according to the first embodiment. A removable panel is removed from the right side face of a first module 100 and a removable panel is removed from the left side of a second module 150, as shown in Figure 6. The first and second modules 100, 150 are then arranged so that the right side face of the first module 100 abuts against the left side face of the second module 150. The framework 21 for the first and second modules comprises housing connectors 120 comprising a flange on the exterior of the housing 110 and a sealing member arranged around the outside of the area for the removable panel. A said flange on the right side of the first module 100 is arranged fit to a said flange on the left side of the second module 150 by fastening members, such as bolts, coupling the flanges together; Pg. 21, lines 14-30, Figures 10 and 11 show perspective views of the first module 200 from the second embodiment. Similar to the first embodiment, a housing connector 220 is provided on each of the two opposing side faces for connecting the module 200 directly onto an adjacent module. The housing connector 220 comprises a sealing member 220 surrounded by an array of bolts and holes. In this embodiment the housing connector on the right side face of the first module 200 is configured to connect to a corresponding housing connector on the left side face of the second module 250. A removable panel 135 may be fitted to each housing on the left and right side faces by bolts in order to enclose the internal volume for the module 200 and facilitate independent operation of the module 200. The removable panel 135 is removed to allow for the connection of the module 200 to one or more adjacent modules. The sealing member 220 enables a vacuum-tight seal to be made between the connected housings. In this embodiment the sealing member 220 comprises an O-ring groove and an O-ring on the right side face of the first module 200, which is configured to engage with an O-ring seal provided on the left side face of second module 250. However other types of sealing members could be used, such as a knife-edge gasket seal).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Najafi-Yazdi et al. (US Patent No. 11,480,299) discloses a scalable similar cryogenic system.
Jin et al. (CN 114111156) discloses a scalable similar cryogenic system.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DEVON MOORE/Examiner, Art Unit 3763 December 08th, 2025
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
Prosecution Insights