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 § 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.
Claim 1-6 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 claims 1 and 6, the terms “close, far” in claim 1 are relative terms which renders the claim indefinite. The term “close, far” 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. Clarification is requested.
Claims 2-5 are rejected based on their dependency to claim 1.
Allowable Subject Matter
Claims 1-6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Diederichs (US 2013/0014517) in view of Morie (US 2019/0011170).
The prior art of record when considered as a whole, either alone or in combination, does not anticipate or render obvious:
A cryogenic system comprising: a cryocooler including a first cylinder, a second cylinder provided in series with the first cylinder in an axial direction and including a heat absorbing portion thermally connected to a heat source in an axial intermediate portion of the second cylinder, a first temperature sensor measuring a first measurement temperature in one axial end portion of the second cylinder close to the first cylinder, a second temperature sensor measuring a second measurement temperature in the other axial end portion of the second cylinder far from the first cylinder, and a third temperature sensor measuring a third measurement temperature in the heat absorbing portion; and a controller configured to: acquire the first measurement temperature from the first temperature sensor, the second measurement temperature from the second temperature sensor, and the third measurement temperature from the third temperature sensor, set an upper limit temperature of the heat absorbing portion, based on the first measurement temperature, the second measurement temperature, and an axial position of the heat absorbing portion, and control the heat source such that the third measurement temperature is equal to or lower than the upper limit temperature of the heat absorbing portion.
Diederichs teaches a cryocooler (see paragraph [0042]) which features a first and second cylinder (see cylinders of 100 in Fig. 6) and three temperature sensors positioned at different positions of the cylinders (510a-c, Fig. 6, see paragraph [0044]), wherein the a controller is connected to the temperature sensors (600, Fig. 6). Diederichs does not teach a controller configured to: acquire the first measurement temperature from the first temperature sensor, the second measurement temperature from the second temperature sensor, and the third measurement temperature from the third temperature sensor, set an upper limit temperature of the heat absorbing portion, based on the first measurement temperature, the second measurement temperature, and an axial position of the heat absorbing portion, and control the heat source such that the third measurement temperature is equal to or lower than the upper limit temperature of the heat absorbing portion.
Morie teaches a cryocooler which features positioning the heat absorbing portion’s axial position with respect to a corresponding temperature range relative to a threshold temperature (Morie, paragraph [0092]). While the general teaching is analogous to the claimed invention, the overall control logic recited in claims 1 and 6 is not taught by the combination of references. In the Examiner’s opinion, it would not be obvious to further modify the prior art structures to arrive at the claimed invention, absent impermissible hindsight. Therefore, rendering independent claims 1 and 6, with dependent claims therefrom are considered allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAEL N BABAA whose telephone number is (571)270-3272. The examiner can normally be reached M-F, 9-5 EST.
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/NAEL N BABAA/ Primary Examiner, Art Unit 3763
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