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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 5, 7, 8, 11, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2015/0204598 to Affleck et al. (Affleck).
In reference to claim 1, Affleck teaches an apparatus (100, FIG. 1) for cooling one or more samples (150, FIG. 1), comprising a cryostat (110, FIG. 1) including a first wall (wall of TH, FIG. 1B) forming an inner chamber (defined as the space within holder TH’ for holding samples 150, FIG. 1B; par 0053) with an opening (top opening of TH’, FIG. 1B) for receiving the one or more samples (150, FIG. 1B) and a second wall (110, FIG. 1B) forming an outer chamber (chamber defined by 110 for storing TH, FIG. 1B) for insulating the inner chamber (defined as the space within holder TH’ for holding samples 150, FIG. 1B; par 0053) and a channel (channel extending between the opening in 110 that is normally covered by lid 113 and the opening at the top of the holder TH’, FIG. 1B) extending to the opening of the inner chamber (opening at the top of TH’, FIG. 1B); a seal (THL and 113, FIG. 1B) for selectively sealing the opening to the inner chamber (top opening of TH’, FIG. 1B); but does not teach explicitly a cryocooler thermally linked to the inner chamber. Affleck teaches a cryocooler (1500, FIG. 15; conduction, par 0102) thermally linked (via 1501, FIG. 15) to the inner chamber (110C, FIG. 15) in order to provide cooling for the stored samples (par 0102).
Even though FIG. 15 represents a different embodiment then the embodiment used in FIG. 1, the cryocooler, as claimed in the present invention, does not teach away from the second embodiment and can be used in combination with said second embodiment to disclose the entire claim 1.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Affleck, to include cryocooler thermally linked to the inner chamber, as taught by Affleck, in order to provide cooling for the stored samples.
In reference to claim 2, Affleck teaches the system as explained in the rejection of claim 1 above, and Affleck additionally teaches a thermal link (1501, FIG. 15; par 0102) between the cryostat (1500, FIG. 15) and the inner chamber (110C, FIG. 15).
In reference to claim 5, Affleck teaches the system as explained in the rejection of claim 1 above, and Affleck additionally teaches wherein the seal comprises a removable plug (portion of 113 that extends into chamber internal to 110, FIG. 1B) for insertion into the channel (channel extending between the opening in 110 that is normally covered by lid 113 and the opening at the top of the holder TH’, FIG. 1B).
In reference to claim 7, Affleck teaches the system as explained in the rejection of claim 5 above, and Affleck additionally teaches wherein the channel (channel extending between the opening in 110 that is normally covered by lid 113 and the opening at the top of the holder TH’, FIG. 1B) is bounded by a continuous portion of the second wall (the portion of 110 that extends around the lid 113, FIG. 1B).
In reference to claim 8, Affleck teaches the system as explained in the rejection of claim 5 above, and Affleck additionally teaches wherein the removable plug (portion of 113 that extends into chamber internal to 110, FIG. 1B) includes an insulated interior chamber (chamber within 113 for vacuum insulation panel; par 0057).
In reference to claim 11, Affleck teaches the system as explained in the rejection of claim 1 above, and Affleck additionally teaches wherein the inner chamber (defined as the space within holder TH’ for holding samples 150, FIG. 1B; par 0053) comprises a non-circular cross-section (rectangular cross section of chamber internal to TH’, FIG. 1B) in a horizontal plane (FIG. 1B; par 0053).
In reference to claim 17, Affleck teaches the system as explained in the rejection of claim 1 above, and Affleck additionally teaches a controller (164, FIG. 1C) for controlling the cryocooler (par 0060) based on a sensed temperature (169, FIG. 1C) within the cryostat.
Even though FIG. 1C represents a different embodiment then the embodiment used in FIG. 1B, the controller, as claimed in the present invention, does not teach away from the second embodiment and can be used in combination with said second embodiment to disclose the entire claim 1.
In reference to claim 20, Affleck teaches the system as explained in the rejection of claim 1 above, and Affleck additionally teaches a purge valve (a one-way valve, not shown in FIG. 2D, associated with the lid 113 and the fluid line 276C'; FIG. 2D; (par 0084)) associated with the inner chamber .
Even though FIG. 2D represents a different embodiment then the embodiment used in FIG. 1B, the purge valve, as claimed in the present invention, does not teach away from the second embodiment and can be used in combination with said second embodiment to disclose the entire claim 1.
Claim(s) 3, 4 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Affleck in view of U.S. Patent 8,756,941 to Snow et al. (Snow).
In reference to claim 3, Affleck teaches the system as explained in the rejection of claim 2 above, but does not teach wherein the thermal link comprises a flexible thermal link extending from a cold end of the cryocooler to the first wall forming the inner chamber. Snow teaches an apparatus for improving vibration isolation, thermal dampening and optical access in cryogenic refrigerators (FIG. 1-2) wherein the thermal link comprises a flexible thermal link (202, FIG. 1) extending from a cold end (402, FIG. 1-2) of the cryocooler (400, FIG. 1-2) to the first wall forming the inner chamber (chamber internal to 100 housing the sample 500, FIG. 4) in order to improve the effectiveness of the isolation of mechanical vibrations between the cryo-cooler and sample, since motion of the cryo-cooler vibrating while it runs translates into a smaller force on the sample (col 11, lines 45-50).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Affleck, to have the thermal link comprise a flexible thermal link extending from a cold end of the cryocooler to the first wall forming the inner chamber, as taught by Snow, in order to provide cooling for the stored samples.
In reference to claim 4, Affleck and Snow teach the system as explained in the rejection of claim 3 above, and Snow additionally teaches wherein the thermal link (202, FIG. 1) connects to a heat sink (107, FIG. 1 and 4) associated with the first wall (walls of structure 100, FIG. 1-4).
In reference to claim 19, Affleck and Snow teach the system as explained in the rejection of claim 1 above, and Snow additionally teaches wherein one end of the cryocooler (402, FIG. 1-3) directly contacts the first wall (walls of structure 100, FIG. 1-4).
Claim(s) 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Affleck in view of U.S. Patent 5,408,832 to Boffito et al. (Boffito).
In reference to claim 12, Affleck teaches the system as explained in the rejection of claim 1 above, but does not teach wherein the outer chamber is sealed and evacuated. Boffito teaches a thermally insulating jacket and related process (FIG. 1) wherein the outer chamber (chamber between walls 2 and 4, FIG. 1) is sealed and evacuated (via tube 8 and valve 7, FIG. 1) in order to prevent heat loss.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Affleck, to have the outer chamber sealed and evacuated, as taught by Boffito, in order to prevent heat loss.
In reference to claim 18, Affleck teaches the system as explained in the rejection of claim 1 above, but does not teach a getter associated with the outer chamber. Boffito teaches a thermally insulating jacket and related process (FIG. 1) comprising a getter (11, FIG. 1) associated with the outer chamber (chamber between walls 2 and 4, FIG. 1) in order to prevent heat loss within the cryostat (col 4, lines 58-65).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Affleck, to add a getter associated with the outer chamber, as taught by Boffito, in order to prevent heat loss within the cryostat.
Claim(s) 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Affleck.
In reference to claim 13, Affleck teaches the system as explained in the rejection of claim 1 above, but does not teach wherein the outer chamber includes an insulating material comprising glass.
However, the Examiner takes the Official Notice of facts not in the record by relying on “common knowledge” of various cryostat insulators comprising glass to be obvious in order to improve the insulation efficiency.
In reference to claim 14, Affleck teaches the system as explained in the rejection of claim 13 above, but does not teach wherein the glass comprises glass beads.
However, the Examiner takes the Official Notice of facts not in the record by relying on “common knowledge” of various cryostat insulators comprising glass beads to be obvious in order to improve the insulation efficiency.
In reference to claim 15, Affleck teaches the system as explained in the rejection of claim 1 above, but does not teach a connector for connecting the first wall to the second wall, the connector adapted to minimize thermal transfer from the first wall to the second wall.
However, the Examiner takes the Official Notice of facts not in the record by relying on “common knowledge” of various cryostats comprising a connector connecting the inner and outer walls to be obvious in order to prevent mutual heat loss between the components within the apparatus.
In reference to claim 16, Affleck teaches the system as explained in the rejection of claim 15 above, but does not teach that the connector comprises a foam material.
However, the Examiner takes the Official Notice of facts not in the record by relying on “common knowledge” of various cryostats comprising a connector connecting the inner and outer walls having a foam material to be obvious in order to prevent further heat loss within the apparatus.
Allowable Subject Matter
Claims 6, 9 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See attached PTO-892 for relevant prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILIP ZEC whose telephone number is (571)270-5846. The examiner can normally be reached Mon - Fri; 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JD Fletcher can be reached at 5712705054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FILIP ZEC/ Primary Examiner, Art Unit 3763
7/11/2026
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