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(s) 14, 18, and 22-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heming, et al (“Electrical generators driving microhollow and dielectric barrier discharges applied for analytical chemistry,” Anal. Bioanal. Chem. (2009) 395:611-618; cited in IDS, copy in IFW).
Regarding claim 14, Heming discloses a mass spectrometer (p. 612, first paragraph) comprising an ion source, wherein the ion source comprises dielectric barrier discharge assemblies, the dielectric barrier discharge assembly being composed of a first electrode plate (Fig. 1, Pt plate), a dielectric spacer plate (Fig. 1, Al2O3 plate), and a second electrode plate (Fig. 1, Pt plate) which are in close proximity in parallel in sequence (Fig. 1);
A first through hole penetrating through the first electrode plate, a second through hole penetrating through the dielectric spacer plate and a third through hole penetrating through the second electrode plate being disposed corresponding to each other to form a gas passageway for a gas to be ionized (Fig. 1).
Regarding claim 18, Heming discloses wherein the direction of the gas passageway is from the first electrode plate to the second electrode plate, or from the second electrode plate to the first electrode plate (p. 612, first column, second paragraph; Fig. 1).
Regarding claim 22, Heming discloses wherein the dielectric spacer plate is made from ceramic, glass or quartz (Al2O3).
Regarding claim 23, Heming discloses wherein the operating pressure of the ion source is an atmospheric pressure, or a low gas pressure environment between 100 Pa and the atmospheric pressure (p. 612, first column, second paragraph).
Regarding claim 24, Heming discloses wherein the first electrode plate is connected to an AC power supply and the second electrode plate is grounded, or the first electrode plate is grounded and the second electrode plate is connected to an AC power supply (Fig. 2).
Regarding claim 25, Heming discloses wherein the gas to be ionized is gaseous samples, gasified samples, or carrier gas (p. 612, first column, second paragraph).
Allowable Subject Matter
Claims 15-17, 19-21 and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The reasons for indicating this subject matter as allowable were recited in the previous Office Action.
Response to Arguments
Applicant's arguments filed 09/23/2025 have been fully considered but they are not persuasive. Applicant argues that Heming does not teach applying the dielectric barrier discharge source to a mass spectrometer; however, Heming specifically recites mass spectrometry as one of the applications of the DBD source (p. 612, first paragraph: “The first (of two example applications) is . . . for atomic emission and mass spectrometry.” Heming therefore anticipates each limitation of the rejected claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P MASKELL whose telephone number is (571)270-3210. The examiner can normally be reached M-F 10A-6P.
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/MICHAEL MASKELL/Primary Examiner, Art Unit 2881 30 September 2025