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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/14/2024 was filed on or after the mailing date. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Preliminary Amendment
Acknowledgment is made of the preliminary amendment filed on 5/14/2024. Accordingly, Claims [] are pending for consideration on the merits in this Office Action.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 16 in Figure 1. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the length of the abstract exceeds 150 words. Further, the phrase “may include” lacks clarity. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 19-21, 24, 28 and 29 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.
Regarding Claim 19, the recitation “wherein said heat exchanges are mounted in the enclosure via the same passage in the cover” renders the claim unclear.
Claim 19 recites an apparatus claim (a cryogenic refrigeration device) and the limitation “wherein said heat exchanges are mounted in the enclosure via the same passage in the cover” is a method step of using the apparatus. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) since it is unclear if infringement occurs when one creates a device that allows the heat exchangers to be mounted via the same passage in the cover or whether infringement occurs when the heat exchanges are actually mounted via the same passage in the cover, see MPEP 2173.05(p)(II). As such, claim 19 is indefinite at failing to particularly point out and distinctly claim the invention.
For the purposes of examination, the examiner is going to treat the claim as if it read - - wherein said heat exchanges are capable of being mounted in the enclosure via the same passage in the cover - - for clarity.
Regarding Claim 20, the recitation “wherein said heat exchangers are mounted in the enclosure via the same support flange of the cover” renders the claim unclear.
Claim 20 recites an apparatus claim (a cryogenic refrigeration device) and the limitation “wherein said heat exchangers are mounted in the enclosure via the same support flange of the cover” is a method step of using the apparatus. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) since it is unclear if infringement occurs when one creates a device that allows the heat exchangers to be mounted via the same support flange of the cover or whether infringement occurs when the heat exchanges are actually mounted via the same support flange of the cover, see MPEP 2173.05(p)(II). As such, claim 20 is indefinite at failing to particularly point out and distinctly claim the invention.
For the purposes of examination, the examiner is going to treat the claim as if it read - - wherein said heat exchanges are capable of being mounted in the enclosure via the same support flange of the cover - - for clarity.
Regarding claim 21, 24 and 29, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding Claim 28, the term “approximately” is a relative term which renders the claims indefinite.
The term “approximately” 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.
Thus, as used to qualify the temperature of a cycle fluid, the term renders the same indeterminate and the claim (and all claims depending therefrom) indefinite with regard to the scope of protection sought thereby.
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.
(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 16-20, 23, 24 and 26-32 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jette et al. (US20230135323A1).
Regarding Claim 16 , Jette teaches a cryogenic refrigeration device [dilution refrigerator 100, Figure 1] comprising:
an enclosure [cryostat 101, Figure 1] delimiting a vacuum-sealed volume [where flange 101A of cryostat 101 forms an outer vacuum chamber, Figure 1; 0045] closed by a cover [where flanges, including 101A, can be made of plates; 0045];
a cryogenic cooler [continuous flow helium refrigerator 106, Figure 1] mounted through the cover [where helium liquefier 108 is thermally coupled to flange 101C as helium flows through piping circuit 107, Figure 1; 0052] and having a first end located outside the enclosure [liquid helium reservoir where flow helium refrigerator 106 externally cools helium, Figure 2A; 0056] and a second end located inside the enclosure [where first closed loop piping circuit 107 couples to flange 101C, Figure 2; 0052], the cryogenic cooler being configured to supply cold at the second end [where helium refrigerator 106 cools flange 101C; 0052]; and
at least two thermally conductive plates [flange 101B and flange 101C, Figure 1, where flanges, including 101B and 101C, can be made of plates; 0045 ] distributed in a distribution direction in the enclosure [where the flanges are distributed vertically as seen in Figure 1 forming nested enclosures; 0045] and forming thermal stages [where the flanges define temperature stages; 0045], wherein at least some of the plates are configured to be cooled by the cryogenic cooler to respective predetermined temperatures which decrease in the distribution direction [where flanges 101A-101E define five temperature stages of decreasing temperature moving inward to the inner stage 101E, Figure 1; 0045], wherein at least one of the plates is connected to a thermal shield [where the flanges serve for supporting radiation shields; 0045] forming a volume which encloses at least one following plate [where the flanges 101A-101E are nested, Figure 1], wherein the cryogenic cooler is configured to use a cold source of liquefied cycle fluid [liquid helium reservoir 202, Figure 2A], the cooling power of the cryogenic cooler being stored and/or produced at a first end of the cryogenic cooler [where flow helium refrigerator 106 externally cools helium from cryostat 101, Figure 2A; 0056], at least some of the plates being cooled by the cycle fluid via a set of heat exchangers [heat exchanger 112 and 110, Figure 1] in heat exchange with said at least some of the plates [flange 101B and flange 101C respectively, Figure 1] and with a flow of the cycle fluid which transfers the cooling power from the first end to the second end of the cryogenic refrigerator [where helium liquefier 108 is thermally coupled to flange 101C as helium flows through piping circuit 107, Figure 1; 0052].
Regarding Claim 17, Jette teaches the invention of claim 16 and further teaches where the set of heat exchangers [heat exchangers 112 and 110, Figure 1] in heat exchange with said plates [flange 101B and 101C respectively, Figure 1] comprises a plurality of separate heat exchangers associated with the plates [where heat exchanger 112 cools flange 101B and heat exchanger 110 cools flange 101C, Figure 1; 0052; 0053], the exchangers of at least two plates being mechanically connected to one another [where the heat exchangers 112 and 110 are connected by 3He supply pipe 104, Figure 1; 0052; 0053].
Regarding Claim 18, Jette teaches the invention of claim 16 and further teaches wherein said heat exchangers [heat exchangers 112 and 110, Figure 1] are arranged and spaced apart in the distribution direction [vertical where flanges 101A-101E define five temperature stages of decreasing temperature moving inward to the inner stage 101E, Figure 1; 0045], the distribution direction being vertical in the operating position in the enclosure [where heat exchanger 110 is below heat exchanger 112, Figure 1].
Regarding Claim 19, Jette teaches the invention of claim 18 and does not teach where said heat exchangers [heat exchangers 110 and 112, Figure 1] are capable of being mounted in the enclosure via the same passage in the cover [where both heat exchangers are inside cryostat 101 where heat exchanger 112 is above heat exchanger 110, Figure 1]
Regarding Claim 20, Jette teaches the invention of claim 18 and further teaches wherein said heat exchanges [heat exchangers 110 and 112, Figure 1] are capable of being mounted in the enclosure [cryostat 101, Figure 1] via the same support flange of the cover [flange 101A where the flanges can be plates where components can be affixed; 0045, where the heat exchangers are both inside cryostat 101, where heat exchanger 112 is above heat exchanger 110, Figure 1].
Regarding Claim 23, Jette teaches the invention of claim 16 and further teaches where at least some of the set of heat exchangers [heat exchangers 110 and 112, Figure 1] are arranged in a sealed casing delimiting a volume [where flanges 101B and 101C support radiation shields and need not be perfectly sealed, implying they are sealed but not as perfectly sealed as vacuum chamber 101A, Figure 1; 0045] that is independent of the remainder of the volume of the enclosure [flange 101A also called an outer vacuum chamber; 0045].
Regarding Claim 24, Jette teaches the invention of claim 23 and further teaches where at least some of the heat exchangers [heat exchangers 112 and 110, Figure 1] are in heat exchange with said plates [flange 101D and 101E, Figure 1] without being in contact with the plates but via an intermediate gas [where heat exchanger 112 and 110 cool supply line 104, Figure 1; 0052; 0053], for example a gas containing at least one of the following: helium, nitrogen, argon or hydrogen [gaseous 3He supply via supply line 104, Figure 1; 0048].
Regarding Claim 26, Jette teaches the invention of claim 16 and further teaches where the cryogenic cooler [where gas handling system 105 includes continuous flow helium refrigerator 106, Figure 2A] comprises:
a refrigerator [continuous flow helium refrigerator 106, Figure 2A] having a cycle of refrigeration of a cycle fluid [where helium liquefier 108 uses a recuperative cycle of helium; 0055 ], said refrigerator comprising:
a cycle circuit [a recuperative cycle including branch 212C and 212F, Figure 2A; 0055] composed of the following elements arranged in series:
a compression mechanism [compressor 208, Figure 2A] configured to compress the cycle fluid [0055],
a cooling member [heat exchanger 206, Figure 2A] configured to cool the cycle fluid [where helium gas from branch 212A is used to cool compressed helium, Figure 2A; 0055],
an expansion mechanism [expander 210, Figure 2A] configured to expand the cycle fluid [0055], and
a reheating member configured to reheat the expanded cycle fluid [where expanded fluid returns to heat exchanger 206 via branch 212G to cool compressed helium, Figure 2A; 0055],
wherein the cycle fluid comprises at least one of the following: helium, hydrogen, nitrogen, argon, [where the cycle fluid is helium; 0052] and wherein the cycle circuit is configured to subject the cycle fluid to a thermodynamic cycle [a recuperative thermodynamic cycle such as Linde-Hampson cycle, Figure 2A; 0055] which brings the cycle fluid at at least one end of the cycle circuit to a predetermined cold temperature [T1 and T2, Figure 2A; 0054], and in that the cycle fluid flow in heat exchange with said plates [via closed loop piping circuit 107 and 109, Figure 1 and 2A] in the set of heat exchangers comprises the cycle fluid at the cold temperature [where circuit 107 cools heat exchanger 110 and circuit 109 cools heat exchanger 112; 0057; 0059],
wherein the cryogenic refrigeration device further comprises a set of pipes [loop piping circuit 107 and loop piping circuit 109, Figure 1] configured to supply at least part of the cycle fluid from the cycle circuit to the set of exchangers [Figure 1, 0057; 0059] and for returning said cycle fluid from the set of exchangers to the cycle circuit of the refrigerator [Figure 1, 0057; 0059].
Regarding Claim 27, Jette teaches the invention of claim 26 and further teaches wherein the cycle circuit [a recuperative cycle including branch 212C and 212F, Figure 2A; 0055] is configured to subject the cycle fluid [helium;0055] to a thermodynamic cycle [a recuperative cycle; 0055] which brings the cycle fluid to a plurality of separate cold temperatures [T1 and T2, Figure 2A; 0054] at a plurality of ends of the cycle circuit [branch 214B and branch 212J, Figure 2A], and in that a plurality of separate flows of the cycle fluid at said separate cold temperatures are placed in heat exchange with the at least two separate plates [flange 101B and flange 101C; 0054] via two respective sets of heat exchangers [heat exchanger 112 and 110, respectively, Figure 1; 0054].
Regarding Claim 28, Jette teaches the invention of claim 26 and further teaches where the cycle fluid is or contains predominantly helium [from helium liquefier 108; 0054], the cycle circuit being configured to bring the cycle fluid to at least one of the following cold temperatures: approximately 80 K, between 20 and 70 K, between 2 K and 5 K, and/or into a supercritical state [where flange 101C may be cooled to temperatures varying between 2.5K to 5 K, where flange 101B may be cooled to 50K; 0054]
Regarding Claim 29, Jette teaches the invention of claim 16 and further teaches wherein the cryogenic cooler [flow helium refrigerator 106, Figure 1] comprises a reserve of liquefied cryogenic gas [liquid helium reservoir 202, Figure 2A], for example of liquid nitrogen [where one of the flanges may be cooled by liquid nitrogen module 302 in an alternative embodiment with liquid nitrogen reservoir 304, Figure 3B], and a set of pipes for supplying liquefied cryogenic gas from the reserve to the set of exchangers [loop piping circuits 109 and 107, Figure 2A].
Regarding Claim 30, Jette teaches the invention of claim 16 and further teaches a dilution refrigerator [dilution unit 103, Figure 1] in heat exchange with at least one plate [flange 101D and 101E, Figure 1;0051].
Regarding Claim 31, Jette teaches a method for cryogenic refrigeration of sample(s) [where the dilution refrigerator is configured to cool a device 102, Figure 1] using a cryogenic refrigeration device as claimed in Claim 16 [refer to the rejection of claim 16 above], the method comprising the steps of:
storing and/or producing a cold source of liquefied cycle fluid [liquid helium 202, Figure 2A] at the first end of the cryogenic cooler [liquid helium reservoir where flow helium refrigerator 106 externally cools helium, Figure 2A; 0056]; and
transferring a flow of that cycle fluid from the first end to the second end of the cryogenic cooler [via looping pipes 107 and 109, Figure 1; 0052], said flow of cycle fluid being placed in heat exchange with the set of heat exchangers [heat exchanger 112 and heat exchanger 110, Figure 1] at the second end [at flange 101C and flange 101B of cryostat 101, Figure 1] in a sealed manner [where each flange forms a thermal shield that are not perfectly sealed, implying they are sealed but less perfect than the vacuum chamber of 101A, Figure 1; 0045] without communicating with the internal gas volume of the enclosure [where circuit 107 and 109 are closed loop piping circuits, Figure 1].
Regarding Claim 32 Jette teaches the invention of claim 31 and further teaches where the cycle fluid comprises helium or nitrogen [liquid helium reservoir 202, Figure 2A and additionally liquid nitrogen reservoir 304 in an alternative embodiment, Figure 3B]
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.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Jette et al. (US20230135323A1) in view of DeMann et al. (DeMann, A., et al., 1K cryostat with sub-millikelvin stability based on a pulse-tube cryocooler, Cryogenics, Jan 2016, p. 60-67, [retrieved on 12/22/25] retrieved from Internet <DOI:https://doi.org/10.1016/j.cryogenics.2015.11.008>).
Regarding Claim 21, Jette teaches the invention of claim 16 and further teaches wherein the heat exchangers [heat exchangers 110 and 112, Figure 1] comprise a block of thermally conductive material [where helium liquefier 108 is thermally coupled to the flange 101B and 101C; 0052; 0053] in contact with a tube [piping circuit 107 and 109, Figure 1; 0052;0053] transporting the cycle fluid flow [helium; 0052;0053].
Jette does not teach where the block of thermally conductive material is copper and the tube of thermally conductive material is copper, said tube being soldered to the block and/or machined in the block and/or molded and/or cast in the block.
However, DeMann teaches a cryogenic system [Abstract] where the block of thermally conductive material is copper and [where the heat exchanger consists of sealed copper cylinder packed with fine copper mesh, p.61, left-col, para. 2] the tube of thermally conductive material is copper [where the helium line inserts through copper tubes of each anchor of the heat exchanger, p.61, right-col, para. 1], said tube being soldered to the block and/or machined in the block and/or molded and/or cast in the block [where the helium line is soft soldered into place, p.61, right-col, para. 1] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., improving heat transfer with high conductivity material and secure joining for thermal contact.
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 Jette where the block of thermally conductive material is copper and the tube of thermally conductive material is copper, said tube being soldered to the block and/or machined in the block and/or molded and/or cast in the block in view of the teachings of DeMann where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., improving heat transfer with high conductivity material and secure joining for thermal contact.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Jette et al. (US20230135323A1) in view of Prester et al. (US20140007596A1).
Regarding Claim 22, Jette teaches the invention of claim 16 and further teaches wherein at least some of the heat exchangers [heat exchangers 110 and 112, Figure 1] are mounted on the plates [flanges 101B and 101c, Figure 1] and are in heat exchange with said plates by conduction and contact [where flange 101C and flange 101B are cooled via heat exchangers 110 and 112, respectively as helium flows through the exchangers; 0053;0052], but does not teach the heat exchangers contact said plates via one of the following: bolting, at least one thermal connecting braid, a clamp.
However, Prester teaches a cryostat [0002] where a heat exchanger [recondenser 50, Figure 1] contacts a plate [first stage plate 32, Figure 1] via thermal connecting braid [thermal link 51 realized by use of copper braid or similar thermal conducting materials; 0034] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., enabling damping for vibrations between parts
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 Jette where the heat exchangers contact said plates via at least one thermal connecting braid in view of the teachings of Prester where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable, i.e, enabling damping for vibrations between parts
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Jette et al. (US20230135323A1) in view of Salerno et al. (Salerno, L., et al., Thermal Contact Conductance, Feb 1997, NASA Technical Memorandum 110429,[retrieved on 12/22/25] Retrieved from Internet <https://ntrs.nasa.gov/citations/19970026086>)
Regarding Claim 25, Jette teaches the invention of claim 16 and does not teach where at least some of the heat exchangers comprise a layer of gilt configured to increase the heat exchange.
However, Salerno teaches the effect of different coatings on contact conductance in cryogenic temperatures [Introudction, p. 1] where at least some of the heat exchangers [where two surfaces were pressed together to exchange heat through contact; p.5, Summary of Experimental Data, para. 1] comprise a layer of gilt configured to increase the heat exchange [where gold coating copper improves the conductance compared to only copper, p.5, Summary of Experimental Data, para. 1] where one of ordinary skill in the art would have been capable of applying this known, adding a gold coating, technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., improving thermal conductance
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 Jette to have where at least some of the heat exchangers comprise a layer of gilt configured to increase the heat exchange in view of the teachings of Salerno where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., improving thermal conductance
Conclusion
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/KEONA LAUREN BANKS/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763