DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/7/26 has been entered.
Status of the Application
Claim(s) 1-5, 7-12, 14-15, 17-20 is/are pending.
Claim(s) 3, 9, 17 is/are rejected.
Claim(s) 1-2, 4-5, 7-8, 10-12, 14-15, 18-20 is/are allowed.
Claim Rejections – 35 U.S.C. § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
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The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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Claim(s) 3, 9, 17 is/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 pre-AIA the applicant regards as the invention.
Claim 3 recites “wherein the action includes adjusting operational parameters of a fragmentation cell and fragmenting the precursor ions or the product ions with the fragmentation cell using the operational parameters“ but it is unclear if “with the fragmentation cell using the operational parameters” refers to just the product ions alternative or both the precursor and product ions alternatives. The claim is read to mean the latter—i.e. “wherein the action includes adjusting operational parameters of a fragmentation cell and fragmenting, , the precursor ions or the product ions”.
Claim 9, 17 are rejected for similar reasons as claim 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Choi whose telephone number is (571) 272 – 2689. The examiner can normally be reached on 9:30 am – 6:00 pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached on (571) 272 – 2328. The fax phone number for the organization where this application or proceeding is assigned is (571) 273 – 8300.
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/JAMES CHOI/Examiner, Art Unit 2878
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