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 .
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, the limitation of claim 6 “a cable holder” 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.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 1 — “cold head mount configured to… allow movement”: Corresponding structures: cold head mount (106) comprising attachment flange (106a), bellows (106b), and drive source (106c). Spec. ¶¶ [0023]–[0026].
Claim 1 — “flexible line holder configured to hold the flexible line in a fixed manner with respect to the vacuum container”: the corresponding structures understood to be are: (a) intermediate coupling (110) fixed to attachment flange (106a), spec. ¶¶ [0032]–[0039]; (b) cable holder fixed to attachment flange (106a), spec. ¶¶ [0044]–[0045]; (c) additional flexible line holder (130) fixed to attachment flange (106a), spec. ¶¶ [0051]–[0052].
Claims 8–9 — “drive source… configured to move the cold head”: the corresponding structures understood to be are any one of : pneumatic air cylinder, electric motor, hydraulic actuator, or electromagnet, spec. ¶ 0025, 0048-0050.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-9 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “Flexible line holder” under BRI encompasses any holding device of any structure or attachment mechanism. The specification discloses only three embodiments, all fixed to attachment flange (106a) in a single bellows-based cold head mount configuration. Cold head mount configurations without a dedicated attachment flange are not adequately described. Applicant is invited to narrow the claim or provide additional written description support.
Claims 2-9 are also rejected under 35 U.S.C. 112(b) for being dependent upon a rejected claim.
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 1-9 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 1 recites “fixed manner” in line 7 renders the claim indefinite because the phrase “fixed manner” is relative term without objective boundaries. POSITA cannot determine whether removable clamps, friction fits, or proximity seating satisfy this limitation.
Claim 2 recites the limitation "a cold head side" in line 3 renders the claim indefinite because it is unclear how it relates with the previously cited limitation “a cold head” in claim 1.
Claim 4 recites the limitation “capable of flowing” in line 3 renders the claim indefinite because it is unclear of any passageway, even blocked or undersized, could satisfy this language.
Claim 6 recites the limitation "the flexible line holder includes a cable holder that holds the power supply cable” renders the claim indefinite because it structurally unclear what constitute “a cable holder”. According to the specification (¶ 0045 of the publication), the flexible line holder 110 may be a cable holder. Therefore, for purpose of examination, examiner read the limitation “a cable holder” simply as the flexible line holder.
Claims 3, 5 and 7-9 are also rejected under 35 U.S.C. 112(b) for being dependent upon a rejected claim.
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.
Claim(s) 1-3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Steinmeyer (US 5,934,082).
In regard to claim 1, Steinmeyer discloses a cryogenic refrigerator (4) comprising:
a cold head (4a) that is mountable on a vacuum container (8) (see Col. 4, ll. 25–30; FIG. 1: Steinmeyer discloses a GM cryocooler refrigerating machine (4) with ambient temperature section (4a) (cold head) mounted on vacuum chamber (8));
Cold head mount (spring elements 30, 31) configured to couple the cold head (4a) with the vacuum container (8) to allow movement of the cold head (4a) with respect to the vacuum container (8) (Col. 4, ll. 20–30; FIG. 1: Steinmeyer discloses spring elements (30, 31) mounting refrigerating machine (4) on vacuum chamber (8). Spring elements by definition permit relative movement between the machine and the vacuum chamber while maintaining their coupled relationship);
Flexible line (35) that is connected to the cold head (4a) outside the vacuum container (8) (Col. 4, ll. 10–15; FIG. 1: Steinmeyer discloses flexible connecting pipes (35) for ambient temperature section (4a) of the refrigerating machine, located outside vacuum chamber (8));
Flexible line holder (housing unit 26, compartment 27) configured to hold the flexible line (35) in a fixed manner with respect to the vacuum container (8) (Col. 4, ll. 10–15, 25–30; FIG. 1: Steinmeyer discloses housing unit (26) “rigidly and hermetically secured to the outside of vacuum chamber (8),” through compartment (27) of which flexible connecting pipes (35) extend in a vacuum-tight manner. Housing unit (26) holds pipes (35) at a fixed point with vacuum chamber (8)).
In regard to claim 2, Steinmeyer discloses the cryogenic refrigerator according to claim 1, wherein the flexible line holder (housing unit 26) holds the flexible line (35) at an end portion of the flexible line on the cold head side (4a) (Col. 4, ll. 10–15; FIG. 1: Steinmeyer’s housing unit (26) is positioned adjacent to ambient temperature section (4a) of the refrigerating machine (cold head side), at the cold head-side end of the flexible line).
In regard to claim 3, Steinmeyer discloses the cryogenic refrigerator according to claim 1, the flexible line (35) include a working gas line for supplying a working gas (helium) to/from the cold head (4a), and the flexible line holder (housing unit 26) / working gas line holder (part of 26) (Col. 4, ll. 10–15; FIG. 1: Steinmeyer expressly discloses that flexible connecting pipes (35) include pipes “for helium” — the working gas in a GM cryocooler — routed through housing unit (26) rigidly fixed to vacuum chamber (8), constituting a working gas line holder).
In regard to claim 6, Steinmeyer discloses the cryogenic refrigerator according to claim 1, the flexible line (35) includes a power supply cable for supplying power to the cold head (4a), and the flexible line holder (housing unit 26) includes a cable holder that holds the power supply cable (Col. 4, ll. 10–15; FIG. 1: Steinmeyer expressly discloses that flexible connecting pipes (35) include “electrical connecting cables” routed through housing unit (26) rigidly fixed to vacuum chamber (8), constituting a cable holder).
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 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.
Claim(s) 4, 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Steinmeyer (US 5,934,082 A) in view of Li et al. (US 2005/0126187 A1).
In regard to claim 4, Steinmeyer discloses the cryogenic refrigerator according to claim 3, wherein Steinmeyer Flexible line holder (housing unit 26, compartment 27) holds helium pipes (35) through compartment (27) but does not explicitly disclose a discrete intermediate coupling with an internal flow path that divides the working gas line into defined first and second parts.
Li discloses, in a GM cryocooler system, that flexible tube (24) connecting compressor (12) and cold head (18) is replaced in the vicinity of the cold head (18) with a rigid tube (64) formed of stainless steel or copper, having an internal flow path for the working gas (helium). Rigid tube (64) is fixed by clamp (66) to connection tube fixing table (68) separately from cryostat (30) (See Li, ¶¶ [0033], [0048]; FIG. 1, 2). This creates a first part of the working gas line from cold head (18) to rigid tube (64), and a second part from rigid tube (64) to compressor (12), with rigid tube (64) constituting the intermediate coupling with internal flow path.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to implement Steinmeyer’s working gas line holder (housing unit 26) as an intermediate coupling with an internal helium flow path — specifically, a rigid tube (64) or union fitting fixed to housing unit (26) or its equivalent fixed to vacuum container (8), as explicitly taught by Li’s rigid tube (64) arrangement, in order to anchor the flexible line at a fixed intermediate point to prevent force or vibration transmission through the line.
In regard to claim 5, Steinmeyer discloses the cryogenic refrigerator according to claim 3, wherein Steinmeyer’s cold head mount employs spring elements (30, 31) and does not explicitly disclose the cold head mount includes an attachment flange attachable to the vacuum container, and an expandable and contractible airtight partition wall that connects the cold head to the attachment flange, and the working gas line holder is fixed to the attachment flange.
Li discloses, in a GM cryocooler cryogenic cooling apparatus: (i) top flange (31) of cryostat (30) — an attachment flange forming part of the vacuum container structure (¶ [0034]; FIG. 1); and (ii) bellows (70) — a welded bellows connecting top flange (31) of cryostat (30) to top flange (51) of support stage (50), constituting an expandable and contractible airtight partition wall that accommodates relative movement while maintaining vacuum integrity (¶¶ [0034]–[0035]; FIG. 1). Li further expressly states at ¶ [0015] that “a compressor and the cold head that form the refrigerator may be connected by a flexible tube or a hose that is secured to the ground or a wall,” and at ¶ [0041] that the flexible tube (24) “secured to the ground or a wall by the clamp (60)” prevents vibration transmission to the cryostat (30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to substitute Steinmeyer’s spring element cold head mount with Li’s bellows (70) and top flange (31) arrangement to achieve equivalent cold head movement coupling while maintaining an airtight vacuum boundary, as both serve the same function of coupling the refrigerating machine to the vacuum chamber while permitting relative movement.
In the resulting combination, Steinmeyer’s teaching of fixing the working gas line holder to the vacuum container (housing unit 26 rigidly secured to vacuum chamber 8) applies directly to the attachment flange (top flange 31) of Li’s cryostat (30), which is itself part of the vacuum container structure, yielding a working gas line holder fixed to the attachment flange as claimed. See KSR, 550 U.S. at 421.
In regard to claim 7, the cryogenic refrigerator according to claim 6, wherein Steinmeyer teaches housing unit (26) — a cable holder for electrical cables (35) — rigidly and hermetically secured to the outside of vacuum chamber (8) (see Steinmeyer, col. 4, ll. 10–15, 25–30), but does not explicitly teach the cold head mount includes an attachment flange attachable to the vacuum container, and an expandable and contractible airtight partition wall that connects the cold head to the attachment flange, and the cable holder is fixed to the attachment flange.
Li discloses top flange (31) of cryostat (30) (vacuum container), constituting an attachment flange that is part of and attachable to the vacuum container (30) (see Li, ¶ [0034]; FIG. 1). Li also discloses bellows (70), a welded bellows connecting top flange (31) of cryostat (30) to top flange (51) of support stage (50) to which cold head (18) is secured, forming a vacuum space (61) together with top flange (19) of cold head (18) and the main body of cryostat (30). Bellows (70) is expandable and contractible while maintaining vacuum integrity (see Li, ¶¶ [0034]–[0035]; FIG. 1). Li teaches that top flange (31) is the attachment flange of vacuum container (30) and that components for managing the working gas connection are fixed to structures associated with that flange (see Li, ¶¶ [0031]–[0034]; FIG. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to fix the cable holder (housing unit 26 or its equivalent, per Steinmeyer) to the attachment flange (top flange 31) of the vacuum container (30) in the combined Steinmeyer/Li system, rather than to the ground or wall as in Li's embodiment, because: (1) the attachment flange (31) is a fixed structural component of the vacuum container (30), and Steinmeyer already teaches that the line holder must be fixed to the vacuum container — fixing it to the attachment flange is simply a specific implementation of that teaching at the most proximate fixed point to the cold head; and (2) fixing the cable holder to the attachment flange (31) rather than to a remote wall or ground provides a more direct and mechanically stable anchoring point that prevents external forces on the power supply cable from being transmitted to the cold head (18), consistent with the purpose taught by both Steinmeyer and Li of isolating the cold head from external line forces. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007).
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Steinmeyer (US 5,934,082 A) in view of Herd et al. (US 5,216,889 A) and further in view of Mizuno (US 2021/0262702 A1).
In regard to claim 8, the cryogenic refrigerator according to claim 1, wherein Steinmeyer’s spring elements (30, 31) are passive vibration-isolation elements, but does not teach a drive source mounted on the cold head mount configured to actively move the cold head with respect to the vacuum container.
Herd discloses jacking screws (60) engaged with threads into flange (24) and contacting sleeve flange (34), and jacking screw (62) threaded into sleeve flange (34) and contacting flange (50), both mounted on cold head mounting assembly (20) and configured to move cold head (4) with respect to vacuum enclosure (10) upon rotation. See Herd, col. 3, ll. 55–65; FIG. 1. Mizuno further discloses pressing mechanism (160) comprising columns (161) and springs (162) providing a passive drive source (¶ [0051]; FIG. 1), and a pressure-actuated mechanism raising attachment flange (106) via refrigerant gas chamber (112) providing an active drive source (¶¶ [0052]–[0053]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to provide an active or motorized drive source on the cold head mount of Steinmeyer’s system, as taught by Herd’s jacking screws (60, 62) and Mizuno’s active drive mechanism, to enable remote or automated engagement and disengagement of the cold head rather than relying solely on passive spring elements (30, 31).
Steinmeyer does not explicitly teach an additional flexible line connected to a drive source.
However, Herd teaches a motorized jacking screw mechanism (Herd, col. 3, ll. 55–65) or a pneumatically actuated drive source (Mizuno, ¶ [0025]) inherently requires an additional flexible line, an electrical power cable for a motor or a compressed-air hose for an air cylinder — from an external supply source. Mizuno expressly discloses drive source (106c) requiring a supply connection from an external source for its operation (see Mizuno, ¶¶ [0025], [0048]–[0052]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to recognize that any motorized or pneumatic drive source mounted on the cold head mount necessarily requires an additional flexible line connected to it, as this is inherent to the operation of any powered actuator. See KSR, 550 U.S. at 417.
Steinmeyer teaches housing unit (26) rigidly and hermetically secured to the outside of vacuum chamber (8), through compartment (27) of which flexible connecting pipes (35), including helium working gas lines and electrical cables, extend in a vacuum-tight manner (see Steinmeyer, col. 4, ll. 10–15, 25–30). This same housing unit (26), or an equivalent holder fixed to vacuum container (8), constitutes an additional flexible line holder configured to hold an additional flexible line in a fixed manner with respect to the vacuum container.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to also route and hold the additional flexible line of the drive source (power cable or pneumatic hose) through housing unit (26) or an equivalent holder fixed to the vacuum container, consistent with Steinmeyer’s teaching of holding all flexible lines associated with the refrigerating machine at a fixed point on the vacuum chamber, in order to prevent external forces on the additional flexible line from being transmitted to the movable cold head (4a) through the cold head mount.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Steinmeyer, Herd and Mizuno as applied to claim 8 above, and further in view of Li et al. (US 2005/0126187 A1).
In regard to claim 9, Steinmeyer discloses the cryogenic refrigerator according to claim 8, wherein the modified Steinmeyer does not explicitly disclose a dedicated attachment flange as a discrete structural component of the cold head mount.
Li discloses top flange (31) of cryostat (30), constituting an attachment flange that is part of and attachable to vacuum container (30) (see Li, ¶ [0034]; FIG. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate a dedicated attachment flange, specifically top flange (31) as taught by Li, into the modified Steinmeyer’s system, for the purpose of providing a stable connections as known engineering practice for joining cryogenic assemblies to vacuum containers. See KSR, 550 U.S. at 417.
Steinmeyer does not disclose a bellows-type expandable and contractible airtight partition wall.
Li discloses bellows (70), a welded bellows connecting top flange (31) of cryostat (30) to top flange (51) of support stage (50) to which cold head (18) is secured, forming vacuum space (61) while remaining expandable and contractible to accommodate relative movement (see Li, ¶¶ [0034]–[0035]; FIG. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate Li’s bellows (70) and attachment flange (31) into the modified Steinmeyer system, in order to provide an alternative to spring-and-seal arrangements for accommodating relative movement in cryogenic vacuum assemblies while maintaining airtight integrity.
Steinmeyer does not explicitly disclose an additional flexible line holder fixed to a dedicated attachment flange of the vacuum container. Steinmeyer teaches housing unit (26) fixed to vacuum chamber (8) generally, not specifically to an attachment flange.
However, Steinmeyer teaches housing unit (26), a flexible line holder, rigidly secured to the outside of vacuum chamber (8) (see Steinmeyer, col. 4, ll. 25–30). Li teaches that top flange (31) is the attachment flange forming part of vacuum container (30) (see Li, ¶ [0034]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to fix the additional flexible line holder (housing unit (26) or its equivalent, per Steinmeyer) to attachment flange (31) (per Li) in the combined system, since attachment flange (31) is the structural component of the vacuum container most proximate to the cold head mount, and fixing the additional line holder there minimizes the length of unsupported flexible line between the cold head and the holder, maximally protecting the cold head from external forces transmitted through the additional flexible line connected to the drive source.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEBESHET MENGESHA whose telephone number is (571)270-1793. The examiner can normally be reached Mon-Thurs 7-4, alternate Fridays, EST. 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.
/W.M/Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
Prosecution Insights