DETAILED ACTION
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 of Species 2A in reply filed on 5/4/2026 with traverse is acknowledged. Claims 17, 18, 22-24, 26, 28-29 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Note that in addition to claims 17, 18, 22, 24, 28, 29, that claim 23 is not drawn to the elected species because the elected species does not have a “cryogenic refrigerator mounted through the cover” as claimed in claim 13 and additionally “further comprising” a pulse tube and a dilution refrigerator. The elected Species has at least one mechanical refrigerator (pg. pub. para. 41) and at least one dilution refrigerator (pg. pub. para. 41) but no other refrigerator that is separately mounted. Claim 26 is not drawn to the elected species because the elected species does not have a thermometry housing rigidly mounted to an upper surface of the flange, nor a flange that serves as a sole mechanical support and vacuum interface for both the cryogenic refrigerator and associated service electronics.
Applicant timely traversed the restriction (election) requirement in the reply filed on 5/4/2026. The traversal is on the ground(s) that the claims require a “stationary cover”. This is not found persuasive because the claims do not require a stationary cover. Further, in addition to the previous showing that the claimed subject matter does not make a contribution over the art and therefore does not contain a special technical feature, the prior art below further demonstrates this fact that claimed features are known in the art and therefore the groups and species explicitly lack unity.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a mechanical damping system, a thermal bonding braid, getters, heat switches, and a set of fluidic connections must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “19” has been used to designate both a pumping member and some other structure under the flange (13) (see Fig. 2).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The specification is unclear since the reference number 16 is used to reference a sheath (pg. pub. para. 49) and a dilution cooling system.
It is unclear why the specification reintroduces the hole (30) in pg. pub. para. 57 as if the hole (30) had not been previously introduced.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 13-16, 19-21, 25, 27 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
In regard to claim 13, the recitation, “wherein the cryogenic refrigerator further comprises at least one of the following components rigidly mounted on the flange: at least one sheath, a dilution refrigeration system, a set of pipes for the working fluid, a set of stores designed to store the working fluid, a pumping member for the working fluid, a working-fluid injection member, a set of fluidic connections, a pumping member, a set of cables, a thermal bonding braid, a pulse tube refrigerator, one or more thermal switches, one or more impurity getters, a bellows, and a mechanical damping system.” (line 16-20) includes new matter as the original disclosure does not disclose the refrigerator comprising any of these components. The disclosed refrigerator (4, 40) itself does not comprise most of the components listed. The components are listed as being mounted to the flange and there is no support that the refrigerator comprises the majority of these components (for example: set of stores, pumping member, injection member, set of cables, getters, etc, as these are all components that are not part of the refrigerator itself as claimed).
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.
Claim(s) 13-16, 19-21, 25, 27 is/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 pre-AIA the applicant regards as the invention.
In regard to claim 13, the recitation, “the sealed passage” (line 9) is indefinite for lacking proper antecedent basis.
The recitation, “the rest of the cover” is indefinite for lacking proper antecedent basis.
The recitation, “a set of thermally conductive plates arranged in the enclosure to form thermal stages” is indefinite as there is no way to discern what the recitation requires structurally of the plates “to form thermal stages”.
The recitation, “the components of the cryogenic refrigerator” (line 14) is indefinite for lacking proper antecedent basis.
The recitation, “being rigidly mounted on the flange” (line 15) and “the following components rigidly mounted” (line 16-17) is/are indefinite for being relative and patently indistinct. The term rigidly is a term of degree describing a mounting that is not flexible and unable to bend under some degree of force. However, such is not absolute and mountings have a range of securement levels and there is no way to determine what forces the mounting is able to resist by the recitation.
The recitation, “wherein the cryogenic refrigerator further comprises at least one of the following components rigidly mounted on the flange: at least one sheath, a dilution refrigeration system, a set of pipes for the working fluid, a set of stores designed to store the working fluid, a pumping member for the working fluid, a working-fluid injection member, a set of fluidic connections, a pumping member, a set of cables, a thermal bonding braid, a pulse tube refrigerator, one or more thermal switches, one or more impurity getters, a bellows, and a mechanical damping system.” (line 16-20) is indefinite for being in conflict with the original disclosure and being unclear. The refrigerator (4, 40) itself does not have most of these components and there is no way to discern what the recitation requires of the components relative to the refrigerator. The majority of the components are not part of the refrigerator and therefore the recitation is not clear.
Further, the recitation, “designed to store the working fluid” is indefinite as there is no way to determine what structure makes the stores so designed. Further an intent of a maker is not a structure and it is unclear what structure is being required.
In regard to claim 14, the recitation, “the lower face” is indefinite for lacking proper antecedent basis.
The recitation, “these lower components” is indefinite as it is unclear what is being referenced.
The recitation, “the hole” is indefinite for being inconsistent with the previous recitation and it is unclear why the recitation is not --the through-hole--.
The recitation, “the associated components” is indefinite for being inconsistent with the previous recitation and it is unclear if this is referencing --the set of lower components-- or other components.
In regard to claim 15, the recitation, “the dimensions” (line 11-12) is indefinite for lacking antecedent basis.
The recitation, “these components” (line 12) is indefinite for being unclear what components are being referenced.
The recitation, “the dimensions” (line 13) is indefinite for lacking proper antecedent basis. Further, it is unclear why the recitation is plural.
In regard to claim 16, the recitation, “the transverse dimensions” is indefinite for lacking proper antecedent basis.
In regard to claim 21, the recitation, “further comprising several cryogenic refrigerators mounted on respective support flanges” is indefinite since it is unclear if these refrigerators have the same limitations as the cryogenic refrigerator already recited or not.
In regard to claim 25, the recitation, “configured to be functionally tested and calibrated independently of the enclosure.” is indefinite since there is no way to determine what structure is required by the present recitation that is not already claimed.
In regard to claim 27, the recitation, “the terminal end of the column of components” is indefinite for lacking proper antecedent basis for “the terminal end” and for “the column” and it is unclear what “components” are being referenced.
The recitation, “the portion” is indefinite for lacking proper antecedent basis.
The recitation, “the transverse dimension D2” is indefinite for lacking proper antecedent basis.
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.
Claim limitation “pumping member for the working fluid” (line 19) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure never defines what structure this has. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “pumping member” (line 20) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure never defines what structure this has. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “working-fluid injection member” (line 20) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure never defines what structure this has. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “self-contained refrigeration module” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure never defines what structure is required to provide such a module. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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.
Claim(s) 13-16, 19, 20, 25, 27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wachi (US 4765153). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted. Further note the interpretation of the claim language as outlined in the rejection below.
In regard to claim 13, Wachi teaches a cryogenic refrigeration device (see whole disclosure) comprising: an enclosure (5) delimiting a sealed volume (inside 5) closed by a cover (top portion of 5); a cryogenic refrigerator (12) mounted through the cover (top portion of 5) and having a first end (top of 12) located outside the enclosure (5) and a second end (lower end of 12) located inside the enclosure (5), the cryogenic refrigerator (12) being configured to produce cold at the second end (lower end of 12) thereof; a set of thermally conductive plates (4, 3, and/or 26) arranged in the enclosure (5) to form thermal stages (interpreted as cooled locations) cooled by the cryogenic refrigerator (12); a set of passages (for 32) formed through the cover (top of 5) and plates (4, 3, and/or 26) for sealed passage of equipment (pipe) into the enclosure (inside 5), at least a portion of the cover (top of 5) being a flange (see top flange of 14 and/or bottom flange of 14, hereafter 14) forming a support for the cryogenic refrigerator (12)(column 2, line 20), said flange (14) bearing the cryogenic refrigerator (12) being fastened sealingly and removably (see bolts) in relation to a rest of the cover (top of 5), wherein the cryogenic refrigerator (12) further comprises a working fluid circuit (refrigeration circuit therein) subjected to a working cycle (refrigeration cycle thereof), some components (parts, including 16 and 31) of the cryogenic refrigerator and the working circuit (refrigeration circuit therein) being rigidly mounted on the flange (14), wherein the components (parts) comprise at least one of: a bellows (16) mounted on the flange (14) and a set of fluidic connections (see 31), at least one sheath (at least 20).
In regard to claim 14, Wachi teaches that the flange (14) bears a set of lower components (parts, see for example 17, 18, 24) of the cryogenic refrigerator (12) that project from a lower face (bottom face) of the flange (14) and that are seated in the enclosure (inside 5) when the flange (14) is mounted on the cover (top of 5) through a through-hole (opening) in the cover (top of 5), and in that the lower components (parts) are dimensioned to pass through the hole (opening) to enable mounting or removal (column 3, line 30-40) of the flange (14) and the set of lower components (parts) of the cryogenic refrigerator (12) in relation to the enclosure (5) through the cover (top of 5).
In regard to claim 15, Wachi teaches that the lower components (parts) of the cryogenic refrigerator (12) projecting from the lower face (bottom face) of the flange (14) extend in a longitudinal direction (up and down in figure) that is vertical when the flange is mounted on the cover (top of 5), and in that dimensions of the lower components (parts) of the cryogenic refrigerator (12) transverse to (left and right in figure) the longitudinal direction (up and down) are smaller than dimensions of the through-hole (opening; see figure 17, 18, 24 are smaller in the left and right direction than the opening).
In regard to claim 16, Wachi teaches that the lower components (parts) of the cryogenic refrigerator (12) are aligned in the longitudinal direction (up and down in figure) down to a terminal end (near 26) forming a column (cylindrical shape) of components (parts), and in that the transverse dimensions (dimensions left to right) of the column (cylindrical shape) are constant or decrease from the flange (14) toward the terminal end (near 26; see parts of 12 narrows).
In regard to claim 19, Wachi teaches that the flange (14) is fastened to the rest of the cover (top of 5) by a set of fastening pins (15).
In regard to claim 20, Wachi teaches that a gasket (see gasket in figure 1 near 13) interposed between the flange (14) and the rest of the cover (top of 5).
In regard to claim 25, Wachi teaches that the flange (14) and the components (parts) rigidly mounted thereto form a self-contained refrigeration module (interpreted as an assembly) configured to be functionally tested and calibrated independently of the enclosure (inside 5) (see 12 at least one of the identified parts can be tested and adjusted outside of 5).
In regard to claim 27, Wachi teaches that a terminal end (near 26) of a column (general cylinder of 12) of the components (parts) has a maximum transverse dimension Di (see 18) that is less than or equal to a transverse dimension D2 of the portion of the column (cylinder of 12) immediately adjacent to the flange (14), specifically configured to provide unobstructed vertical withdrawal of the column (cylinder of 12) through the through-hole (opening of 5).
Claim(s) 13-15, 19, 21, 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Corcoles-Gonzalez (US 2022/0221108) hereafter CG. See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted. Further note the interpretation of the claim language as outlined in the rejection below.
In regard to claim 13, CG teaches a cryogenic refrigeration device (see whole disclosure, including Fig. 1 and 5; para. 43) comprising: an enclosure (110) delimiting a sealed volume (inside 110) closed by a cover (130); a cryogenic refrigerator (see both refrigerators each having pumps, see 565, 575, hereafter 565X, 575X for shorthand) mounted through the cover (130) and having a first end (near 565, 575) located outside the enclosure (130) and a second end (lower end near 560, 570) located inside the enclosure (130), the cryogenic refrigerator (565X, 575X) being configured to produce cold at the second end (lower end near 560, 570) thereof; a set of thermally conductive plates (515, 520, 525) arranged in the enclosure (inside 110) to form thermal stages (interpreted as cooled locations) cooled by the cryogenic refrigerator (565X, 575X); a set of passages (at 518, 523, 527 and through cover 130 to provide input output data transmission; para. 46) formed through the cover (130) and plates (515, 520, 525) for sealed passage of cables (580, para. 46 wire) into the enclosure (inside 110), at least a portion of the cover (130) being a flange (see flanges for refrigerators, Fig. 1) forming a support for the cryogenic refrigerator (565X, 575X), said flange (flange-Fig. 1) bearing the cryogenic refrigerator (565X, 575X) being fastened sealingly and removably (see bolts) in relation to a rest of the cover (130), wherein the cryogenic refrigerator (565X, 575X) further comprises a working fluid circuit (circuits between 575 and 570 as well as between 565 and 560) subjected to a working cycle (refrigeration cycle thereof), some components (parts, including ports and pumps) of the cryogenic refrigerator (565X, 575X) and the working circuit (circuits thereof) being rigidly mounted on the flange (flanges of Fig. 1), wherein the components (parts) comprise at least one of: a set of fluidic connections (see with 577, 579, 567, 569).
In regard to claim 14, CG teaches that the flange (flange) bears a set of lower components (lower parts, see for example 574, 564) of the cryogenic refrigerator (565X, 575X) that project from a lower face (bottom face) of the flange (flange) and that are seated in the enclosure (inside 110) when the flange (flange) is mounted on the cover (130) through a through-hole (opening for refrigerator parts) in the cover (130), and in that the lower components (lower parts) are dimensioned to pass through the hole (opening for refrigerator parts) to enable mounting or removal (see sizes in figures) of the flange (flange) and the set of lower components (lower parts) of the cryogenic refrigerator (565X, 575X) in relation to the enclosure (110) through the cover (130).
In regard to claim 15, CG teaches that the lower components (lower parts) of the cryogenic refrigerator (565X, 575X) projecting from the lower face (bottom face) of the flange (flange) extend in a longitudinal direction (up and down in figure) that is vertical when the flange (flange) is mounted on the cover (130), and in that dimensions of the lower components (lower parts) of the cryogenic refrigerator (565X, 575X) transverse to (left and right in figure) the longitudinal direction (up and down) are smaller than dimensions of the through-hole (opening; see 574 and 564 are smaller than the openings thereof).
In regard to claim 19, CG teaches that the flange (flange) is fastened to the rest of the cover (130) by a set of fastening pins (bolts).
In regard to claim 21, CG teaches several cryogenic refrigerators (565X, 575X) mounted on respective support flanges (see figure 1).
In regard to claim 25, CG teaches that the flange (flange) and the components (parts) rigidly mounted thereto form a self-contained refrigeration module (interpreted as an assembly) configured to be functionally tested and calibrated independently of the enclosure (inside 110) (see 565X, 575X at least one of the identified parts can be tested and adjusted outside of 110).
Claim Rejections - 35 USC § 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim(s) 13-15, 19, 21, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corcoles-Gonzalez (US 2022/0221108) in view of Wachi (US 4765153). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted. Further note the interpretation of the claim language as outlined in the rejection below.
In regard to claim 13, CG teaches a cryogenic refrigeration device (see whole disclosure, including Fig. 1 and 5; para. 43) comprising: an enclosure (110) delimiting a sealed volume (inside 110) closed by a cover (130); a cryogenic refrigerator (see both refrigerators each having pumps, see 565, 575, hereafter 565X, 575X for shorthand) mounted through the cover (130) and having a first end (near 565, 575) located outside the enclosure (130) and a second end (lower end near 560, 570) located inside the enclosure (130), the cryogenic refrigerator (565X, 575X) being configured to produce cold at the second end (lower end near 560, 570) thereof; a set of thermally conductive plates (515, 520, 525) arranged in the enclosure (inside 110) to form thermal stages (interpreted as cooled locations) cooled by the cryogenic refrigerator (565X, 575X); a set of passages (at 518, 523, 527 and through cover 130 to provide input output data transmission; para. 46) formed through the cover (130) and plates (515, 520, 525) for sealed passage of cables (580, para. 46 wire) into the enclosure (inside 110), at least a portion of the cover (130) being a flange (see flanges for refrigerators, Fig. 1) forming a support for the cryogenic refrigerator (565X, 575X), said flange (flange -Fig. 1) bearing the cryogenic refrigerator (565X, 575X) being fastened sealingly and removably (see bolts) in relation to a rest of the cover (130), wherein the cryogenic refrigerator (565X, 575X) further comprises a working fluid circuit (circuits between 575 and 570 as well as between 565 and 560) subjected to a working cycle (refrigeration cycle thereof), some components (parts, including ports and pumps) of the cryogenic refrigerator (565X, 575X) and the working circuit (circuits thereof) being rigidly mounted on the flange (flanges of Fig. 1), wherein the components (parts) comprise at least one of: a set of fluidic connections (see with 577, 579, 567, 569).
CG teaches all of the claim limitations, however, supposing that CG is not relied upon for the claimed flange for any reason, Wachi teaches it is routine and ordinary to provide a flange to support refrigerators, including teaching that at least a portion of the cover (top of 5) being a flange (see top flange of 14 and/or bottom flange of 14, hereafter 14) forming a support for the cryogenic refrigerator (12)(column 2, line 20), said flange (14) bearing the cryogenic refrigerator (12) being fastened sealingly and removably (see bolts) in relation to a rest of the cover (top of 5). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify provide removable flanges to the refrigerators of CG for the purpose of providing easy removal and make maintenance of the refrigerators easier.
In regard to claims 14, 15, 19, 25, the modification of CG with the flange of Wachi meets all of the limitations of these claims (see description of Wachi above). Further, GC also teaches these limitations.
In regard to claim 14, CG teaches that the flange (flange) bears a set of lower components (lower parts, see for example 574, 564) of the cryogenic refrigerator (565X, 575X) that project from a lower face (bottom face) of the flange (flange) and that are seated in the enclosure (inside 110) when the flange (flange) is mounted on the cover (130) through a through-hole (opening for refrigerator parts) in the cover (130), and in that the lower components (lower parts) are dimensioned to pass through the hole (opening for refrigerator parts) to enable mounting or removal (see sizes in figures) of the flange (flange) and the set of lower components (lower parts) of the cryogenic refrigerator (565X, 575X) in relation to the enclosure (110) through the cover (130).
In regard to claim 15, CG teaches that the lower components (lower parts) of the cryogenic refrigerator (565X, 575X) projecting from the lower face (bottom face) of the flange (flange) extend in a longitudinal direction (up and down in figure) that is vertical when the flange (flange) is mounted on the cover (130), and in that dimensions of the lower components (lower parts) of the cryogenic refrigerator (565X, 575X) transverse to (left and right in figure) the longitudinal direction (up and down) are smaller than dimensions of the through-hole (opening; see 574 and 564 are smaller than the openings thereof).
In regard to claim 19, CG teaches that the flange (flange) is fastened to the rest of the cover (130) by a set of fastening pins (bolts).
In regard to claim 21, CG teaches several cryogenic refrigerators (565X, 575X) mounted on respective support flanges (see figure 1).
In regard to claim 25, CG teaches that the flange (flange) and the components (parts) rigidly mounted thereto form a self-contained refrigeration module (interpreted as an assembly) configured to be functionally tested and calibrated independently of the enclosure (inside 110) (see 565X, 575X at least one of the identified parts can be tested and adjusted outside of 110).
Conclusion
The prior art made of record on the 892 form and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN F PETTITT whose telephone number is (571)272-0771. The examiner can normally be reached on M-F, 9-5p. 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): http://www.uspto.gov/interviewpractice. The examiner’s supervisor, Frantz Jules can be reached on 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN F PETTITT, III/Primary Examiner, Art Unit 3763
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