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 .
Response to Arguments
Rejections under 35 USC §103
Applicant’s arguments with respect to the rejections under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Lott, et. al. (US 8622715 B1).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-16, 18-19, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Datwani, et. al. (US 20190157061 A1), hereinafter Datwani, in view of Lott, et. al. (US 8622715 B1), hereinafter Lott.
Regarding claim 1, Datwani teaches a system for analyzing a chemical composition of a specimen ([0002], comprising:
a sampling probe (Fig. 1A) comprising:
an outer housing (outer capillary tube 71, Fig. 1A) having an open end (see open end of 71 in Fig. 1A);
a liquid supply conduit (solvent transport capillary 59, Fig. 1A) within the housing, the liquid supply conduit extending from an inlet end (solvent inlet 57, Fig. 1A) for coupling to a liquid supply source (solvent source, [0109], Fig. 1A) to an outlet end configured to deliver liquid to a sampling space at the open end of the housing (liquid boundary 50 at the sampling tip 53, [0107], Fig. 1A), wherein the sampling space comprises a liquid-air interface for receiving a specimen within the liquid in the sample space (liquid boundary 50 at gap 55 which may be an air gap, [0109], Fig. 1A); and
a liquid exhaust conduit within the housing (sample transport capillary 61, [0110], Fig. 1A), the liquid exhaust conduit extending from an inlet end configured to transport liquid from the sampling space to an outlet end (see arrow in Fig. 1A);
a jet pump body defining a suction chamber in fluid communication with the outlet end of the liquid exhaust conduit (area inside 67 where gas inlet 67 meets end of sample transport capillary 61 near sample outlet 63, Fig. 1A, [0110]);
a nozzle configured to discharge a motive fluid into the suction chamber at a pressure greater than about one atmosphere (nebulizing gas source 65 and gas inlet 67, Fig. 1A, [0110]. According to [0116] and [0126] the ionization can take place at atmospheric pressure. In order to produce any sample flow towards the ionization chamber, the gas pressure at inlet 67 must therefore be above atmospheric pressure, see also [0021], [0110].).
a sample conduit extending from the suction chamber to an outlet end (circumference end of 67 at sample outlet 63).
Although Datwani teaches a motive fluid (nebulizing gas), Datwani does not teach a motive liquid. Further, although Datwani teaches that the Venturi effect causes the motive fluid (nebulizing gas) to draw the analyte-solvent dilution out of the sample transport capillary (interpreted liquid exhaust conduit) toward the sample outlet to an ionization chamber in communication with a sampling orifice of a mass spectrometer (See Fig. 1A, Fig. 1B, and [0110]), Datwani does not explicitly teach the sample conduit configured to transport a sample mixture, including the motive liquid and liquid from the liquid exhaust conduit, from the suction chamber to an ionization chamber in communication with a sampling orifice of a mass spectrometer, wherein the sample conduit comprises a converging portion configured to receive the sample mixture from the suction chamber and mix the sample mixture therein, the converging portion extending from an upstream end adjacent the suction chamber to a downstream end and exhibiting a decreasing cross-sectional area along a length thereof, and the converging portion exhibiting a decreased cross-sectional area relative to a cross-sectional area of the suction chamber, wherein discharge of the motive liquid into the suction chamber is configured to draw liquid from the liquid exhaust conduit so as to form the sample mixture.
Lott teaches a motive liquid (Col. 1, lines 39-57). Lott teaches a sample conduit (diffuser section 16, Fig. 1, Col. 3, lines 13-23) extending from the suction chamber to an outlet end (16 extends from mixing chamber 14 (suction chamber) to outlet end of 16, Fig. 1, Col. 3, lines 13-23), the sample conduit configured to transport a sample mixture, including the motive liquid and liquid from the liquid exhaust conduit, from the suction chamber to a discharge region (mixture of secondary liquid from the inlet nozzle section 12 with motive liquid, Col. 1, lines 54-57, is transported by the diffuser section 16 from the mixing chamber 14 to a discharge region, Fig. 1), wherein the sample conduit comprises a converging portion configured to receive the sample mixture from the suction chamber and mix the sample mixture therein, the converging portion extending from an upstream end adjacent the suction chamber to a downstream end and exhibiting a decreasing cross-sectional area along a length thereof ( secondary inlet 34, Fig. 1, Col. 3, lines 35-42), and the converging portion exhibiting a decreased cross-sectional area relative to a cross-sectional area of the suction chamber (Fig. 1), wherein discharge of the motive liquid into the suction chamber is configured to draw liquid from the liquid exhaust conduit so as to form the sample mixture (Col. 1, lines 39-57).
Lott modifies Datwani by suggesting a motive liquid and by suggesting a sample conduit extending from the suction chamber configured to transport a sample mixture, including the motive liquid and liquid from the liquid exhaust conduit, from the suction chamber to the ionization chamber in communication with a sampling orifice of a mass spectrometer taught by Datwani. Furthermore, Lott suggests the sample conduit has a converging (decreasing diameter from suction chamer) portion that receives the sample mixture from the suction chamber and mixes the sample mixture, and discharge of the motive liquid into the suction chamber is configured to draw liquid from the liquid exhaust conduit so as to form the sample mixture.
Although Lott is directed to a different field of endeavor (Datwani and the claimed invention are directed to sampling probes for mass spectrometry, while Lott is directed to a nozzle for a jet pump), Lott, like the claimed invention, is concerned with the problem of mixing a sample mixture and transporting the sample mixture from one place to another. Consequently, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Lott because a jet pump including a nozzle, suction port and diffuser with a converging portion accomplishes the mixing of a secondary powder or liquid with a motive liquid and can transport the liquid from one place to another utilizing the Bernoulli principle to draw the fluid with generated low pressure. (Lott, Col. 1, line 39 – Col. 2, line 19).
Regarding claim 2, Datwani teaches the outlet end of the sample conduit extends into the ionization chamber and is electrically conductive (Fig. 1B, [0114]).
Regarding claim 3, Datwani teaches wherein the outlet end of the sample conduit (outlet end of 140 going toward 160, Fig. 1B) is configured to couple to an ion source probe (electrospray electrode 164, Fig. 1B, [0114]), for discharging the sample mixture into the ionization chamber (ionization chamber 112, [0114], Fig. 1B).
Regarding claim 5, Datwani does not teach wherein the sample conduit comprises a diffuser portion extending from an upstream end to a downstream end and exhibiting an increasing cross-sectional area along a length thereof, the diffuser portion being disposed downstream of the converging portion.
Lott teaches wherein the sample conduit comprises a diffuser portion extending from an upstream end to a downstream end and exhibiting an increasing cross-sectional area along a length thereof (diffuser 40, Fig. 1, Col. 3, lines 35-42), the diffuser portion being disposed downstream of the converging portion (Fig. 1).
Lott modifies Datwani by suggesting the sample conduit comprises a diffuser potion downstream of the converging portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Lott because the downstream diffuser section converts the velocity-pressure back into static pressure at the discharge of the jet pump, (Lott, Col. 1, lines 52-57).
Regarding claim 6, Datwani does not teach wherein the sample conduit comprises a throat between the converging portion and a diffuser portion disposed downstream of the converging portion, the throat exhibiting a substantially constant cross-sectional area along a length thereof, the cross-sectional area being less than a cross-sectional area of the upstream end of the converging portion and a downstream end of the diffuser portion.
Lott teaches wherein the sample conduit comprises a throat between the converging portion and a diffuser portion disposed downstream of the converging portion, the throat exhibiting a substantially constant cross-sectional area along a length thereof, the cross-sectional area being less than a cross-sectional area of the upstream end of the converging portion and a downstream end of the diffuser portion.
Lott modifies Datwani by suggesting the sample conduit has a constant cross-sectional area throat between the converging and diffuser portions.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Lott because jet pumps with a venturi throat allow for mixing a secondary powder or liquid with a motive liquid, and the final stage of mixing takes place in the venturi throat before entering the downstream diffuser section of the jet pump, (Lott, Col. 1, lines 39-57, Col. 2, lines 5-19).
Regarding claim 7, Datwani teaches the nozzle is configured to discharge the motive fluid into the suction chamber (gas inlet 67 discharges nebulizing gas, [0110]).
Datwani in view of Lott teaches a motive liquid but does not explicitly teach discharging the motive liquid at a drive pressure in a range from about 0.1 psi to about 15,000 psi, however the pressure of the motive liquid is demonstrate by Lott to be a result-effective variable (Col. 1, lines 39-59), therefore the claimed invention is obvious because one of ordinary skill in the art could achieve the claimed range through routine experimentation. See MPEP 2144.05 II, which teaches “Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)”.
Regarding claim 8, Datwani teaches further comprising a pressure regulator configured to adjust the pressure of the motive fluid discharged into the suction chamber (gas pressure regulator, [0110]).
Regarding claim 9, Datwani teaches wherein a pressure of the sample mixture within at least a portion of the sample conduit is greater than one atmosphere (According to [0116] and [0126] the ionization can take place at atmospheric pressure. In order to produce any sample flow towards the ionization chamber, the gas pressure at inlet 67 must therefore be above atmospheric pressure, see also [0021], [0110].).
Regarding claim 10, Datwani teaches wherein the pressure of the sample mixture (analyte-dolvent dilution mixes with nebulizer gas, [0110]) within the portion of the sample conduit is in a range from about 0.1 psi to about 10,000 psi (According to [0116] and [0126] the ionization taking place at the interpreted sample conduit outlet can take place at atmospheric pressure, which is 14 psi).
Regarding claim 12, Although Datwani teaches a motive fluid and an outlet end of the exhaust conduit, Datwani does not tach a motive liquid; and Datwani does not explicitly teach wherein the volumetric flow rate of motive liquid through the nozzle is equal to or greater than the volumetric flow rate of the liquid through the outlet end of the exhaust conduit.
Lott teaches a motive liquid (Col. 1, lines 39-57). Lott teaches wherein the volumetric flow rate of motive liquid through the nozzle is greater than the volumetric flow rate of the liquid through the outlet end of the exhaust conduit (Col. 1, lines 39-57).
Lott modifies Datwani by suggesting a motive liquid where the flow rate of the motive liquid though the nozzle is greater than the volumetric flow rate of the liquid exhaust conduit of Datwani.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Lott because the interplay of velocity and pressure creates a jet pump with no moving parts, (Lott, Col. 1, lines 39-57).
Regarding claim 13, Datwani teaches wherein the sampling probe further comprises an inner capillary tube (inner capillary tube 73, [0110], Fig. 1A) at least partially disposed within the outer housing (outer capillary tube 71, Fig. 1A), wherein said inner capillary tube defines one of the supply conduit and the exhaust conduit, and wherein and a space between an outer wall of the inner capillary tube and an inner wall of the outer housing defines the other of the supply conduit and the exhaust conduit (see Fig. 1A where the solvent transport capillary is 59 and sample transport capillary is 61, [0110]).
Regarding claim 14, Datwani teaches wherein the outer housing comprises an outer capillary tube extending from a proximal end to a distal end adjacent to the sampling space (outer capillary tube 71, Fig. 1A).
Regarding claim 15, Datwani teaches wherein a distal end of the inner capillary tube is recessed relative to the distal end of the outer housing (Fig. 1A).
Regarding claim 16, Datwani teaches wherein the specimen comprises a fluid droplet (ejecting droplet 49, Fig. 1A, [0100]).
Regarding claim 18, Datwani teaches further comprising the ion source probe (electrospray electrode 164, Fig. 1B, [0114]), the ionization chamber (ionization chamber 112, [0114], Fig. 1B), and the mass spectrometer system (mass analyzer 170, [0114], Fig. 1B), wherein the ion source probe is in fluid communication with the outlet end of the sample conduit ([0114], Fig. 1B) and comprises a terminal end disposed in the ionization chamber (Fig. 1B), wherein analytes contained within said sample mixture are configured to ionize as the sample mixture is discharged into the ionization chamber ([0116], Fig. 1B).
Regarding claim 19, Datwani teaches a method for performing chemical analysis of a specimen ([0002], comprising:
inserting the specimen into liquid within a sampling space of a sampling probe (Fig. 1A), the sampling probe comprising:
an outer housing (outer capillary tube 71, Fig. 1A) having an open end (see open end of 71 in Fig. 1A);
a liquid supply conduit within the housing (solvent transport capillary 59, Fig. 1A), the liquid supply conduit extending from an inlet end (solvent inlet 57, Fig. 1A) for coupling to a liquid supply source (solvent source, [0109], Fig. 1A) to an outlet end configured to deliver liquid to the sampling space at the open end of the housing (liquid boundary 50 at the sampling tip 53, [0107], Fig. 1A), wherein the sampling space comprises a liquid-air interface through which the specimen is received within the liquid ([0109], Fig. 1A); and
a liquid exhaust conduit within the housing (sample transport capillary 61, [0110], Fig. 1A), the liquid exhaust conduit extending from an inlet end configured to transport liquid from the sampling space to an outlet end (see arrow in Fig. 1A);
entraining the liquid from the outlet end of the liquid exhaust conduit within a motive fluid (nebulizing gas, [0110]) to form a sample mixture ([0110]), wherein entraining the liquid from the outlet end of the liquid exhaust conduit within a motive fluid to form a sample mixture comprises:
discharging the motive fluid into a suction chamber of a jet pump body through a nozzle (nebulizing gas is discharged by gas inlet 67 into area inside 67 where gas inlet 67 meets end of sample transport capillary 61, Fig. 1A, [0110]) at a pressure greater than about one atmosphere (According to [0116] and [0126] the ionization can take place at atmospheric pressure. In order to produce any sample flow towards the ionization chamber, the gas pressure at inlet 67 must therefore be above atmospheric pressure, see also [0021], [0110]) so as to draw liquid from the liquid exhaust conduit into the suction chamber ([0110], Fig. 1A); and
transporting the sample mixture through a sample conduit extending from the suction chamber to an outlet end (circumference end of 67 at sample outlet 63, Fig. 1A);
discharging said sample mixture from the sample conduit into an ionization chamber so as to ionize one or more analyte species within the sample mixture; and performing mass spectrometric analysis on said one or more ionized analyte species (Fig. 1B).
Although Datwani teaches a motive fluid (nebulizing gas), Datwani does not teach a motive liquid. Further, although Datwani teaches that the Venturi effect causes the motive fluid (nebulizing gas) to draw the analyte-solvent dilution out of the sample transport capillary (interpreted liquid exhaust conduit) toward the sample outlet to an ionization chamber in communication with a sampling orifice of a mass spectrometer (See Fig. 1A, Fig. 1B, and [0110]), Datwani does not explicitly teach the sample conduit comprising a converging portion that receives the sample mixture from the suction chamber and mixes the sample mixture therein, the converging portion extending from an upstream end adjacent the suction chamber to a downstream end and exhibiting a decreasing cross-sectional area along a length thereof, and the converging portion exhibiting a decreased cross-sectional area relative to a cross-sectional area of the suction chamber;
Lott teaches a motive liquid (Col. 1, lines 39-57). Further, Lott teaches the sample conduit comprising a converging portion configured that receives the sample mixture from the suction chamber and mixes the sample mixture therein, the converging portion extending from an upstream end adjacent the suction chamber to a downstream end and exhibiting a decreasing cross-sectional area along a length thereof ( secondary inlet 34, Fig. 1, Col. 3, lines 35-42), and the converging portion exhibiting a decreased cross-sectional area relative to a cross-sectional area of the suction chamber (Fig. 1);
Lott modifies Datwani by suggesting a motive liquid. Further Lott modifies Datwani by suggesting the sample conduit has a converging (decreasing diameter from suction chamber) portion that receives the sample mixture from the suction chamber and mixes the sample mixture.
Although Lott is directed to a different field of endeavor (Datwani and the claimed invention are directed to sampling probes for mass spectrometry, while Lott is directed to a nozzle for a jet pump), Lott, like the claimed invention, is concerned with the problem of mixing a sample mixture and transporting the sample mixture from one place to another. Consequently, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Lott because a jet pump including a nozzle, suction port and diffuser with a converging portion accomplishes the mixing of a secondary powder or liquid with a motive liquid and can transport the liquid from one place to another utilizing the Bernoulli principle to draw the fluid with generated low pressure. (Lott, Col. 1, line 39 – Col. 2, line 19).
Regarding claim 35, Datwani teaches a system for analyzing a chemical composition of a specimen ([0002]), comprising:
a sampling probe (Fig. 1A) comprising:
an outer housing (outer capillary tube 71, Fig. 1A) having an open end (see open end of 71 in Fig. 1A);
a liquid supply conduit (solvent transport capillary 59, Fig. 1A) within the housing, the liquid supply conduit extending from an inlet end (solvent inlet 57, Fig. 1A) for coupling to a liquid supply source (solvent source, [0109], Fig. 1A) to an outlet end configured to deliver liquid to a sampling space at the open end of the housing (liquid boundary 50 at the sampling tip 53, [0107], Fig. 1A), wherein the sampling space comprises a liquid-air interface for receiving a specimen within the liquid in the sample space ([0109], Fig. 1A); and
a liquid exhaust conduit within the housing (sample transport capillary 61, [0110], Fig. 1A), the liquid exhaust conduit extending from an inlet end configured to transport liquid from the sampling space to an outlet end (see arrow in Fig. 1A);
a jet pump body defining a suction chamber in fluid communication with the outlet end of the liquid exhaust conduit (area inside 67 where gas inlet 67 meets end of sample transport capillary 61 near sample outlet 63, Fig. 1A, [0110]);
a nozzle (nebulizing gas source 65 and gas inlet 67, Fig. 1A, [0110]) configured to discharge a motive fluid (nebulizing gas, [0110]) into the suction chamber at a pressure greater than about one atmosphere (According to [0116] and [0126] the ionization can take place at atmospheric pressure. In order to produce any sample flow towards the ionization chamber, the gas pressure at inlet 67 must therefore be above atmospheric pressure, see also [0021], [0110].);
a sample conduit extending from the suction chamber to an outlet end (circumference end of 67 at sample outlet 63), the sample conduit configured to transport a sample mixture from the suction chamber, the ion source configured to receive the sample mixture from the sample conduit (Fig. 1B).
an ion source (ion source 160, Fig. 1B, [0114]) configured to receive the sample mixture from the jet pump body (Fig. 1B shows 160 receiving sample mixture from 140, [0114]), and configured to discharge the sample mixture into an ionization chamber in communication with a sampling orifice of a mass spectrometer so as to form a sample plume (ion source 160 discharges sample mixture as sample plume into ionization chamber 112 in communication with curtain plate aperture 114b and vacuum chamber sampling orifice 116b, Fig. 1B, [0114]); and
a source of nebulizer gas that is configured to surround a discharge end of the ion source and configured to shape and/or assist in dessolvation of the sample plume (nebulizing gas source 65, Fig. 1B, Fig. 1A, [0110]),
wherein discharge of the motive fluid into the suction chamber is configured to draw liquid from the liquid exhaust conduit so as to form the sample mixture (the nebulizing gas flows over the outside of the sample transport capillary in a sheath flow type manner which draws the analyte-solvent dilution through the sample transport capillary as it flows across the sample outlet that causes aspiration at the sample outlet upon mixing with the nebulizer gas, [0110]).
Although Datwani teaches a motive fluid (nebulizing gas acts as the motive fluid to draw out the analyte-solvent dilution), Datwani does not teach a motive liquid.
Lott teaches a motive liquid (Col. 1, lines 39-57).
Lott modifies Datwani by suggesting a motive liquid.
Although Lott is directed to a different field of endeavor (Datwani and the claimed invention are directed to sampling probes for mass spectrometry, while Lott is directed to a nozzle for a jet pump), Lott, like the claimed invention, is concerned with the problem of mixing a sample mixture and transporting the sample mixture from one place to another. Consequently, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Lott because a motive liquid provides the energy for the jet pump, utilizing the Bernoulli principle to draw the fluid with generated low pressure (Lott, Col. 1, line 39 – Col. 2, line 19).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Datwani (US 20190157061 A1) in view of Apffel (US 20160172178 A1), further in view of Martazin (US 20170178884 A1).
Regarding claim 11, Datwani teaches motive fluid (nebulizing gas, [0110]) through the nozzle (65 and 67 discharges nebulizing gas, [0110]), and the liquid (analyte-solvent dilution, [0110]) through the outlet end of the exhaust conduit ([0110], outlet end of sample transport capillary 61, Fig. 1A).
Datwani fails to teach wherein the volumetric flow rate of motive fluid is less than the volumetric flow rate of the liquid.
Murtazin teaches wherein the volumetric flow rate of motive fluid is less than the volumetric flow rate of the liquid ([0045], if the liquid flow rate is higher than the nebulization flow rate, then the nebulization flow rate is lower than the liquid flow rate).
Murtazin modifies Datwani by suggesting that the volumetric flow rate of motive fluid through the nozzle is less than the volumetric flow rate of the liquid through the outlet end of the exhaust conduit.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Murtazin because controlling the flow rates in such a way allows for better sensitivity and improved droplet generation stability, (Murtazin, [0008], [0011], [0045]). Additionally, one can achieve the optimal flow rates via routine experimentation, which is not inventive. See MPEP 2144.05 II. A., "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Datwani (US 20190157061 A1) in view of Lott (US 8622715 B1), further in view of Van Berkel, et. al. (US 20120083045 A1), hereinafter Van Berkel.
Regarding claim 17, Datwani teaches wherein the specimen comprises an analyte-containing fluid sample (analyte-containing fluid sample 14, [0109]), and wherein the liquid supply source comprises desorption solvent ([0114] solvent reservoir 150 contains desorption solvent).
Datwani does not teach wherein the specimen comprises a sample substrate having one or more analytes adsorbed thereto.
Van Berkel teaches wherein the specimen comprises a sample substrate having one or more analytes adsorbed thereto (analytes on surface of a specimen, [0021]), and wherein the liquid supply source comprises desorption solvent ([0047], [0029]-[0031], Fig. 2).
Van Berkel modifies Datwani by suggesting the specimen is a sample substrate having one or more analytes adsorbed thereto, and that the liquid supply source comprises desorption solvent.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Van Berkel because using a desorption solvent allows one to extract analytes from a surface sample so that the chemical composition can be analyzed, (Van Berkel, [0047]).
Conclusion
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LAURA E TANDY
Examiner
Art Unit 2881
/ROBERT H KIM/Supervisory Patent Examiner, Art Unit 2881