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.
The term “preferably” in claims 3, 13, 16 and 18 is a relative term which renders the claim indefinite. The term “preferably” 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.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4, 5-8 and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang (US 2008/0078928).
Regarding claim 1, Wang teaches a method for mass analyzing positively charged ions and negatively charged ions with a mass analyzer arrangement (Fig. 2), said method including
a) inserting said positively charged ions and said negatively charged ions (dual-polarity mass spectrometer; ¶ 0005) via an intake (tunnel structure of 130; ¶ 0070; Fig. 2) of said mass analyzer arrangement into a mass analysis chamber of said mass analyzer arrangement (¶ 0070), and
b) transferring inside said mass analysis chamber said positively charged ions from said intake to a first mass analyzer (118) of said mass analyzer arrangement (¶ 0072) and mass analyzing said positively charged ions with said first mass analyzer and transferring inside said mass analysis chamber said negatively charged ions from said intake to a second mass analyzer (116) of said mass analyzer arrangement and mass analyzing said negatively charged ions with said second mass analyzer (¶ 0023 and 0070).
Regarding claim 4, Wang teaches a method for mass analyzing a sample, wherein said sample is ionized with at least one ion source (¶ 0009) to positively charged ions and negatively charged ions, wherein said positively charged ions and said negatively charged ions are mass analyzed with the method according to claim 1 (¶ 0023).
Regarding claim 5, Wang teaches a mass analyzer arrangement (Fig. 2) for mass analyzing positively charged ions and negatively charged ions with the method according to claim 1, said mass analyzer arrangement including
a) a first mass analyzer (118) for mass analyzing said positively charged ions,
b) a second mass analyzer (116) for mass analyzing said negatively charged ions, and
c) an intake for inserting said positively charged ions and said negatively charged ions into a mass analysis chamber of said mass analyzer arrangement for mass analyzing said positively charged ions with said first mass analyzer (118) and for mass analyzing said negatively charged ions with said second mass analyzer (116), wherein said intake is fluidly coupled with said first mass analyzer for transferring said positively charged ions from said intake to said first mass analyzer for mass analyzing said positively charged ions and wherein said intake is fluidly coupled with said second mass analyzer for transferring said negatively charged ions from said intake to said second mass analyzer for mass analyzing said negatively charged ions (¶ 0023 and 0070).
Regarding claim 6, Wang teaches the mass analyzer arrangement according to claim 5, wherein said mass analyzer arrangement includes a chamber housing (160) surrounding said mass analysis chamber.
Regarding claim 7, Wang teaches the mass analyzer arrangement according to claim 5, wherein said mass analyzer arrangement includes at least one transfer electrode for generating an electric field (¶ 0008), in particular an electrostatic field, for transferring said positively charged ions inside said mass analysis chamber from said intake to said first mass analyzer for being mass analyzed with said first mass analyzer and for transferring said negatively charged ions inside said mass analysis chamber from said intake to said second mass analyzer for being mass analyzed with said second mass analyzer (Fig. 3).
Regarding claim 8, Wang teaches the mass analyzer arrangement according to claim 5, wherein at least one of said first mass analyzer and said second mass analyzer is a time-of-flight mass analyzer (Fig. 2).
Regarding claim 15, Wang teaches an apparatus for mass analyzing a sample with the method according to claim 4, said apparatus including
a) at least one ion source (¶ 0009) for ionizing said sample to positively charged ions and negatively charged ions and
b) the mass analyzer arrangement including the first mass analyzer (118), the second mass analyzer (116) and the intake for inserting said positively charged ions and said negatively charged ions into said mass analysis chamber of said mass analyzer arrangement, wherein said at least one ion source is fluidly coupled to said intake for transferring said positively charged ions and said negatively charged ions, respectively, from said at least one ion source to said intake for inserting said positively charged ions and said negatively charged ions into the mass analysis chamber of the mass analyzer arrangement for enabling the mass analysis of said positively charged ions with the first mass analyzer and for enabling the mass analysis of said negatively charged ions with the second mass analyzer (¶ 0023 and 0070).
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.
Claim(s) 2-3, 9-11, 13 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2008/0078928) in view of Zimmermann (US 11,366,078).
Regarding claim 2, Wang teaches the method according to claim 1, but fails to further teach that insertion of said positively charged ions and said negatively charged ions via said intake into said mass analysis chamber is controlled with a switchable ion gate of said mass analyzer arrangement, wherein said switchable ion gate is arranged in front of said intake, wherein said switchable ion gate is switched between
a) a positive ions insertion mode where said positively charged ions are allowed to pass through said intake into said mass analysis chamber while said negatively charged ions are prevented from passing through said intake into said mass analysis chamber, and
b) a negative ions insertion mode where said negatively charged ions are allowed to pass through said intake into said mass analysis chamber while said positively charged ions are prevented from passing through said intake into said mass analysis chamber.
Zimmermann teaches a spectrometer wherein both positive and negative ions are generated, and comprises an ion gate that controls switching between open and closing of the gate to allow ions to travel to specific drift chambers (Col. 7 line 66-Col. 8 line 6), wherein the gate is switched between allowing certain ions to pass through into a first drift chamber, and allowing other ions to pass through into a second drift chamber (Col. 3 lines 28-46). Zimmermann also teaches that such switchable ion gate allows for the spectrometer’s compact construction and high resolution (Col. 3 lines 41-46).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the claimed invention to incorporate Zimmermann’s switchable ion gate in Wang’s spectrometer, because having switching control of certain ions to travel to different analysis chambers allows for compact construction and high resolution, as taught by Zimmermann.
Regarding claim 3, Wang in view of Zimmermann teaches the method according to claim 2, but fails to further teach that said switchable ion gate is switched between said positive ions insertion mode and said negative ions insertion mode and back within 100 ms or less. However Zimmermann teaches that the time for ion transmission depends on the desired quantity of ions to be analyzed (Col. 12 lines 17-27). It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the claimed invention to incorporate any specific time of gate switching, depending on the desired quantity of ions to be transferred into the specific chamber.
Regarding claim 9, Wang teaches the mass analyzer arrangement according to claim 5, but fails to further teach that said mass analyzer arrangement includes a switchable ion gate arranged in front of said intake for controlling an insertion of said positively charged ions and said negatively charged ions via said intake into said mass analysis chamber of said mass analyzer arrangement for enabling mass analysis of said positively charged ions with said first mass analyzer and said negatively charged ions with said second mass analyzer.
Zimmermann teaches a spectrometer wherein both positive and negative ions are generated, and comprises an ion gate that controls switching between open and closing of the gate to allow ions to travel to specific drift chambers (Col. 7 line 66-Col. 8 line 6), wherein the gate is switched between allowing certain ions to pass through into a first drift chamber, and allowing other ions to pass through into a second drift chamber (Col. 3 lines 28-46). Zimmermann also teaches that such switchable ion gate allows for the spectrometer’s compact construction and high resolution (Col. 3 lines 41-46).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the claimed invention to incorporate Zimmermann’s switchable ion gate in Wang’s spectrometer, because having switching control of certain ions to travel to different analysis chambers allows for compact construction and high resolution, as taught by Zimmermann.
Regarding claim 10, Wang in view of Zimmermann teaches the mass analyzer arrangement according to claim 9, wherein said switchable ion gate is adapted for being switching between a positive ions insertion mode where said positively charged ions are allowed to pass through said intake into said mass analysis chamber while said negatively charged ions are prevented from passing through said intake into said mass analysis chamber, and a negative ions insertion mode where said negatively charged ions are allowed to pass through said intake into said mass analysis chamber while said positively charged ions are prevented from passing through said intake into said mass analysis chamber (Col. 7 line 66-Col. 8 line 6).
Regarding claim 11, Wang in view of Zimmermann teaches the mass analyzer arrangement according to claim 10, wherein said mass analyzer arrangement includes an ion path housing section for housing a section of an ion path of said positively charged ions and said negatively charged ions leading to said switchable ion gate and via said switchable ion gate to said intake (Fig. 2), wherein said ion path housing section enables achieving and maintaining inside said ion path housing section a gas pressure of 10-2 mbar or less (¶ 0053).
Regarding claim 13, Wang in view of Zimmermann teaches the mass analyzer arrangement according to claim 9, wherein said switchable ion gate arranged at one end of said ion trap for releasing said positively charged ions and/or said negatively charged ions in a controlled manner from said ion trap and thus controlling said insertion of said positively charged ions and said negatively charged ions via said intake into said mass analysis chamber said mass analyzer arrangement for enabling mass analysis of said positively charged ions with said first mass analyzer and said negatively charged ions with said second mass analyzer (Col. 7 line 66-Col. 8 line 6).
Regarding claim 16, Wang in view of Zimmermann teaches the method according to claim 3, but fails to further teach that said switchable ion gate is switched between said positive ions insertion mode and said negative ions insertion mode and back within preferably within 10 ms or less. However Zimmermann teaches that the time for ion transmission depends on the desired quantity of ions to be analyzed (Col. 12 lines 17-27). It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the claimed invention to incorporate any specific time of gate switching, depending on the desired quantity of ions to be transferred into the specific chamber.
Regarding claim 17, Wang in view of Zimmermann teaches the method according to claim 3, but fails to further teach that said switchable ion gate is switched between said positive ions insertion mode and said negative ions insertion mode and back within 200 µs or less. However Zimmermann teaches that the time for ion transmission depends on the desired quantity of ions to be analyzed (Col. 12 lines 17-27). It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the claimed invention to incorporate any specific time of gate switching, depending on the desired quantity of ions to be transferred into the specific chamber.
Regarding claim 18, Wang in view of Zimmermann teaches the method according to claim 3, but fails to further teach that said switchable ion gate is switched between said positive ions insertion mode and said negative ions insertion mode and back within preferably within 15 µs or less. However Zimmermann teaches that the time for ion transmission depends on the desired quantity of ions to be analyzed (Col. 12 lines 17-27). It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the claimed invention to incorporate any specific time of gate switching, depending on the desired quantity of ions to be transferred into the specific chamber.
Regarding claim 19, Wang in view of Zimmermann teaches the mass analyzer arrangement according to claim 11, wherein said ion path housing section enables achieving and maintaining inside said ion path housing section a gas pressure of 10-3 mbar or less (¶ 0053).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2008/0078928) in view of Steiner (US 2009/0294654).
Regarding claim 12, Wang teaches the mass analyzer arrangement according to claim 5, but fails to further teach that said mass analyzer arrangement includes an ion trap for trapping said positively charged ions and/or said negatively charged ions, said ion trap being arranged in front of said intake into said mass analysis chamber.
Steiner teaches a spectrometry device for detection of positive and negative ions, wherein an ion trap for trapping positively charged ions and/or said negatively charged ions is arranged in front of a mass analysis chamber (upstream ion processing device 140 for ion storage or trapping; ¶ 0044). Steiner teaches that the ion trap arrangement allows for ion processing functions, such as mass filtering or focusing, before mass analysis (¶ 0044).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the claimed invention to incorporate an upstream ion trap in Wang’s mass analyzer so that ion processing functions, such as mass filtering or focusing, may be performed before mass analysis, as taught in Steiner.
Claim(s) 13-14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2008/0078928) in view of Steiner (US 2009/0294654), in further view of Zimmermann (US 11,366,078).
Regarding claim 13, Wang in view of Steiner teaches the mass analyzer arrangement according to claim 12, but fails to teach a switchable ion gate arranged at one end of said ion trap for releasing said positively charged ions and/or said negatively charged ions in a controlled manner from said ion trap and thus controlling said insertion of said positively charged ions and said negatively charged ions via said intake into said mass analysis chamber said mass analyzer arrangement for enabling mass analysis of said positively charged ions with said first mass analyzer and said negatively charged ions with said second mass analyzer.
Zimmermann teaches a spectrometer wherein both positive and negative ions are generated, and comprises an ion gate that controls switching between open and closing of the gate to allow ions to travel to specific drift chambers (Col. 7 line 66-Col. 8 line 6), wherein the gate is switched between allowing certain ions to pass through into a first drift chamber, and allowing other ions to pass through into a second drift chamber (Col. 3 lines 28-46). Zimmermann also teaches that such switchable ion gate allows for the spectrometer’s compact construction and high resolution (Col. 3 lines 41-46).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the claimed invention to incorporate Zimmermann’s switchable ion gate in Wang’s spectrometer, because having switching control of certain ions to travel to different analysis chambers allows for compact construction and high resolution, as taught by Zimmermann.
Regarding claim 14, Wang in view of Steiner and Zimmermann teaches the mass analyzer arrangement according to claim 13, wherein said switchable ion gate and said ion trap are operable with voltages of less than 200 V, for controlling an insertion of said positively charged ions and said negatively charged ions via said intake into said mass analysis chamber of said mass analyzer arrangement for enabling mass analysis of said positively charged ions with said first mass analyzer and said negatively charged ions with said second mass analyzer (Fig. 4).
Regarding claim 20, Wang in view of Steiner and Zimmermann teaches the mass analyzer arrangement according to claim 14, wherein said switchable ion gate and said ion trap are operable with voltages of less than 100 V for controlling an insertion of said positively charged ions and said negatively charged ions via said intake into said mass analysis chamber of said mass analyzer arrangement for enabling mass analysis of said positively charged ions with said first mass analyzer and said negatively charged ions with said second mass analyzer (Fig. 4).
Conclusion
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/HSIEN C TSAI/Examiner, Art Unit 2881
/DAVID E SMITH/Examiner, Art Unit 2881
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