DETAILED ACTION
Response to Arguments
Applicant’s arguments, see pages 2-5, filed 4/9/2026, with respect to the rejection(s) of claim(s) 1-5 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 Therefore, the rejection has been withdrawn.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 Nishiguchi (WO 2020/129199, PCT application corresponding to US PGPub 2022/0293408 used as a translation, hereinafter Nishiguchi) in view of Gamble et al. (US PGPub 2019/0189417) produced below.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nishiguchi (WO 2020/129199, PCT application corresponding to US PGPub 2022/0293408 used as a translation, hereinafter Nishiguchi) in view of Gamble et al. (US PGPub 2019/0187417, hereinafter Gamble).
Regarding claim 1, Fig. 6 of Nishiguchi discloses a mass spectrometer having an ion transport optical system (ion guide 30, see paragraph [0069]) configured to transport ions to be analyzed, wherein:
the ion transport system includes N rod electrodes (rod electrodes 311-318) arranged so as to extend in an ion transport direction (central axis 301, see paragraph [0069]) as a whole, where N is an even number (eight rod electrodes, see paragraph [0069]) equal to or larger than six, as well as a voltage generator (ion guide voltage generation unit 13) configured to apply a predetermined voltage (radio-frequency voltage and DC voltage U1 or U2, see paragraph [0072]) to each of the rod electrodes (rod electrodes 311-318) (see paragraphs [0072]); and
each of the four rod electrodes among the N rod electrodes have an arc-shaped portion facing the central axis (rod electrodes 311-318 are rounded and face the central axis 301, see Fig. 6); and
the N rod electrodes (rod electrodes 311-318) arrangement at an ion entrance end at which all of the N rod electrodes are externally tangent to a circle of a diameter (inscribing a circle for the eight rod electrodes 311-318 instead of an arbitrary regular octagon 303 to calculate a diameter A1, see paragraph [0069] and annotated figure below), while four of the N rod electrodes (311, 314, 315, 318) are in a quadrupole arrangement (rectangle 304) and are externally tangent to a circle of diameter (inscribing a circle for the four rod electrodes 311, 314, 315, and 318 instead of an arbitrary rectangle 304 to calculate a diameter A2, see annotated figure below) at an ion exit end (ion emission side) (see paragraph [0070]), with at least two rod electrodes (e.g. 311 and 314) among the four rod electrodes (311, 314, 315, 318) obliquely arranged with respect to a central axis (central axis 301) of the N pole or quadrupole arrangement so as to come closer to the central axis with a forward travel of the ions in the ion transport direction (exemplified in Fig. 4), and
the voltage generator (voltage applied to each rod electrodes 311-318) is configured to apply, to each pair of rod electrodes neighboring each other around the central axis among the N rod electrodes, a pair of RF voltages whose phases are opposite to each other (+Vcoswt or -Vcoswt, see paragraph [0072]), as well as to apply a first direct voltage (DC voltage U1, see paragraph [0072]) to the four rod electrodes (311, 314, 315, and 318) and a second direct voltage (DC voltage U2, see paragraph [0072]), which is different from the first direction voltage (DC voltage U2 higher than the DC voltage U1 is applied), to N-4 rod electrodes (e.g. 312, 313, 316, and 317) other than the four rod electrodes among the N rod electrodes (see Fig. 6 and paragraph [0072]).
Nishiguchi fails to disclose each of the four rod electrodes among the N rod electrodes have a cross sectional radius of the arc shaped portion at the ion exit end is smaller than a cross sectional radius of the arc shaped portion at the ion entrance end.
Gamble discloses guide rods 80a, 80b (individually and collectively guide rods 80) where the entrance end has the largest cross sectional radius of the cross shaped portion, and the exit end has the lowest cross sectional radius for the rods 80 (guide rods may be tapered and tilted with decreasing radius, see Fig. 1 and paragraph [0057]). Gamble teaches the rods 80 are arranged in a quadrupole arrangement (rods 80 are typically arranged in a multipole around axis 20, see paragraph [0057]) and have a circular cross section along their central axis (e.g. having an arc shaped portion facing the central axis, see paragraph [0058]).
Gamble modifies Nishiguchi by suggesting the quadrupole rods are formed with entrance end has the largest radius and the exit end has the lowest radius for the electrodes.
Since both inventions are drawn to ion guides, it would have been obvious to the ordinary artisan before the effective filing date to modify Nishiguchi by forming an ion guiding region with electrodes with a cross sectional radius of the arc shaped portion at the ion exit is smaller than a cross sectional radius of the arc shaped portion at the ion entrance for the purpose of providing a concentrating ion guide as taught by Gamble.
Regarding claim 2, Fig. 6 of Nishiguchi discloses the rod electrodes are placed in a similar configuration as the instant application (see Fig. 2 of the instant application). A person of ordinary skill in the art would be capable of inscribing a circle for the four rod electrodes 311, 314, 315, and 318 (instead of an arbitrary rectangle 304) and, similarly, inscribe a circle for the eight rod electrodes 311-318 (instead of an arbitrary regular octagon 303) to calculate the arc-shaped portions of the N rod electrodes at the respective ion entrance and exit ends (shown in annotated figure below).
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As shown in the annotated figure above, the diameters of the inscribed circles A1 and A2 can be determined, while the ratio of the cross sectional radius D1 and D2 (half of respective A1 and A2) can be inferred. Nishiguchi teaches as the ions converge to a smaller diameter ion flow, ion transport efficiency can be achieved (see paragraph [0073-0074]). Therefore the ratio (A1/A2)/(D1/D2) is a result effective variable describing the ratio of the diameter at inlet and exit relative to the radius at inlet/outlet demonstrating changes to the diameters:radii at the inlet to outlet. Therefore selecting the appropriate diameters would be obvious because discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. That is, one of ordinary skill would be motivated to have the ratio of 2-2.5 to achieve improved ion transmission (i.e. a larger ion entrance relative to exit via convergence of the ion flow through the ion guide).
Regarding claim 3, Fig. 1 of Nishiguchi discloses an ionization chamber (ionization chamber 2) configured to ionize a sample component (nebulized liquid sample from ESI spray 6, see paragraph [0044]) in an ambience of atmospheric pressure (atmospheric pressure, see paragraph [0042]); a high vacuum chamber (high vacuum chamber 5) which contains a mass separation section (quadrupole mass filter 11) and is maintained at a high degree of vacuum (see paragraphs [0042-0043]); and one or more intermediate vacuum chambers (first and second intermediate vacuum chambers 3, 4) located between the ionization chamber (ionization chamber 2) and the high vacuum chamber (high vacuum chamber 5) (see Fig. 1),
wherein the N rod electrodes (rod electrodes 311-318, corresponding to rod electrodes of ion guide 20, see Fig. 2) are located within the intermediate vacuum chamber (first intermediate vacuum chamber 3) next to the ionization chamber (ionization chamber 2) (see Fig. 1).
Regarding claim 4, Fig. 1 of Nishiguchi discloses an ionization chamber (ionization chamber 2) configured to ionize a sample component (nebulized liquid sample from ESI spray 6) in an ambience of atmospheric pressure (atmospheric pressure, see paragraph [0042]); a high vacuum chamber (high vacuum chamber 5) which contains a mass separation section (quadrupole mass filter 11) and is maintained at a high degree of vacuum (see paragraphs [0042-0043]); and one or more intermediate vacuum chambers (first and second intermediate vacuum chambers 3, 4) located between the ionization chamber (ionization chamber 2) and the high vacuum chamber (high vacuum chamber 5, see Fig. 1),
wherein the N rod electrodes (electrodes of second ion guide 10) (variations of ion guides disclosed in Nishiguchi may be used: e.g. rod electrodes of Fig. 6, see paragraph [0089]) are located within the second intermediate vacuum chamber (second intermediate vacuum chamber 4) from the ionization chamber (ionization chamber 2) (see Fig. 1).
Regarding claim 5, Fig. 1 of Nishiguchi discloses a cell (first intermediate vacuum chamber 3) between an ion source (ionization chamber 2) and a mass separation section (second intermediate vacuum chamber 4) (see Fig. 1), the cell (first intermediate vacuum chamber 3) configured to be used for performing an operation on an ion by introducing a predetermined gas (collision gas) into the cell and causing the ion to come in contact with the gas (collision gas) (see paragraph [0091]),
where the N rod electrodes (electrodes of ion guide 20) are located within the cell (first intermediate vacuum chamber 3, (variations of ion guides disclosed in Nishiguchi may be used: e.g. rod electrodes of Fig. 6, see paragraph [0089]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 HANWAY CHANG whose telephone number is (571)270-5766. The examiner can normally be reached Monday - Friday 7:30 AM - 4:00 PM EST.
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Hanway Chang
/HC/ Examiner, Art Unit 2878
/GEORGIA Y EPPS/ Supervisory Patent Examiner, Art Unit 2878
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