Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is response to the amendment/reply filed 09/17/2026. No claims were amended, added, or canceled. Claims 1-14 remain pending.
Response to Remarks
The Applicant’s arguments filed 09/17/2026 have been fully considered and are not persuasive. The Examiner respectfully disagrees for the reasons detailed below.
The Applicant argues that the cryo-temperature cooling device of Figure 2 of Stein cannot be arranged between the x-ray detector 11, 12, and the compressor 27 of Foote (US 5816052), because in Stein (US 20080092556 A1) the cooling device and the detector are both cooled by cooling finger through the same opening (REMARKS pp. 5-6). The argument is not persuasive beach the rejection does not propose bodily incorporation of the cooling device of Stein into the apparatus of Foote. Foote already discloses a thermal storage capsule (heat exchanger 50 having housing 51) arranged between compressor 27 and the x-ray detector (FIG. 4; col. 2, ll. 34-39). Stein is relied upon for teaching a phase change material as the thermal storage medium for cooling a Ge x-ray detector, and for operating that materials as a passive heat sink during measurement ([0002-0007, 0036, 0037]; Table 1). The test for obviousness is not whether the features of the secondary reference can be bodily incorporated into the structure of the primary reference, but what the combined teachings of the references would have suggested to those of ordinary skill in the art. In re Keller, 642 F.2d 425 (CCPA 1981); re Mouttet, 686 F.3d 1322, 1332 (Fed. Cir. 2012); MPEP 2145(III).
The Applicant further argues that the embodiment of FIG. 4 of Stein cannot be combined with Foote because the probe 11 of Foote extends from a mobile base unit 14 mounted for sliding movement on a mounting bracket 16, and that a function combination would require modifications that would not have been obvious (Remarks, p. 6). The Applicant has not explained why the mounting arrangement of Foote would preclude use of a phase change material within the thermal storage housing of Foote. Moreover, Stein teaches that its phase change cooling device is compact and is particularly suited for portable measurement devices ([0036]), which is consistent with movable probe of Foote.
The Applicant also characterizes the previous Office action as acknowledging that Foote fails to disclose phase change material arranged inside the housing (REMARKS, p. 6). The Examiner respectfully disagrees with the Applicants characterization of the previous Office action. In the previous action, the Examiner relied on housing 51 of Foote, which contains a cryogenic material, for the housing (action, rejection of claim 1). Stein was relied upon for a phase change material that freezes at the predefined cooling temperature and maintains the detector temperature during measurement.
Therefore, the Applicant arguments are not persuasive. Dependent claims are rejected according to the same rationale presented.
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.
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, 4-9, 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over FOOTE et al. (US 5816052) in view of STEIN et al. (US 20080092556 A1).
Regarding claims 1and 8, FOOTE discloses an X-ray measurement system and method for cool an x-ray detector (abstract; FIG 1, 4) comprising:
providing an X-ray detector for performing an X-ray measurement (x-ray detector 10 includes probe 11 and tip 12; col. 2, ln. 21-25);
providing a compressor radiator (FIG 4; compressor unit 27 is attached to lines 24 and 25 as shown in FIG 1; col. 2, ln. 37-39);
providing a thermal storage capsule arranged between the compressor radiator 27 and the X-ray detector 10, wherein the thermal storage capsule comprises a housing and a phase change material arranged inside the housing (heat exchanger 50 includes housing 51 which contains liquid nitrogen to be maintained just below a boiling point; FIG. 4; col. 1, ln. 39-44; col. 2, ln. 34-39; col. 5-6); and
providing a control system (FIG 5; central controller 64; col. 6, ln. 62-66; col. 8, ln. 1-26) configured to:
control the compressor radiator to cool the thermal storage capsule and the X-ray detector to a predefined cooling temperature (col. 8, line 1-15);
turn off cooling of the compressor radiator in response to detecting that the predefined cooling temperature is met (col. 8, ln 1-15); and
control the X-ray detector to perform the X-ray measurement (high precision images can be performed; col. 8, ln. 14-15).
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Fig. 4 of FOOTE shows an x-ray detector with cooling system.
FOOTE does not specify: (1) the detector as a Ge detector, and (2) wherein the phase change material (PCM) arranged inside the housing freezes at the predefined cooling temperature, and the thermal storage capsule maintains the temperature of the detector at predefined cooling temperature during measurement. In the same field of endeavor, STEIN discloses an x-ray detector with cryogenic cooling comprising providing germanium detector with cooling system having a PCM ([0002-7, 0036, 0057]; TABLE 1). In light of the teachings of STEIN, it would have been obvious to one of ordinary skill in the art at the time of filing to combine with the teachings of FOOTE.
Regarding claims 2 and 9, STEIN discloses wherein the PCM depends on the predefined cooling temperature ([0003, 0025, 0056]; Table 1).
Regarding claims 4 and 11, FOOTE and STEIN do not specify a duration of the X-ray measurement is between 10 seconds and 10 minutes. However, selecting a measurement time with 10 sec – 10 minutes is common knowledge in the art of electron microscopy / x-ray spectroscopy applications depending on the application at hand, and would have been obvious to one of ordinary skill at the time of filing.
Regarding claim 5 and 12, STEIN discloses wherein the predefined cooling temperature is between 85 K and 120 K depending on the PCM (e.g. 2-methylpentane has a melting point of -153.6°C; Table 1).
Regarding claims 6 and 13, FOOTE wherein the thermal storage capsule further comprises a temperature sensor configured to measure temperature inside the thermal storage capsule (temp sensor 82; col. 7-8).
Regarding claims 7 and 14, FOOTE discloses the X-ray detector and the thermal storage capsule are enclosed in a vacuum chamber (col. 5). STEIN further discloses the features (FIG 4;[0017]).
Claim(s) 3 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over FOOTE et al. (US 5816052) in view of STEIN et al. (US 20080092556 A1), further in view of WARNER et al. (US 5365746 A).
Regarding claims 3 and 10, FOOTE and STEIN do not specify wherein the thermal storage capsule further comprises copper foam arranged inside the thermal storage capsule. In the same filed of cryogenic cooling systems, WARNER discloses a cooling system comprising a thermal storage capsule having a copper foam (FIG 1; col. 2, ln 59-68), with the benefit of enhanced thermal equilibrium. In light of the teachings of WARNER, it would have been obvious to one of ordinary skill in the art at the time of filing to combine with the teachings of FOOTE and STEIN.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY BRYANT whose telephone number is (571)270-7329. The examiner can normally be reached M-F // 7-3P EST.
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CASEY BRYANT
Primary Examiner
Art Unit 2884
/CASEY BRYANT/ Primary Examiner, Art Unit 2884
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