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 .
Objected Informalities
The disclosure is objected to because of the following informalities:
In The Claims
Claim 17, line 7, “a second physico-chemical” should be -- a physico-chemical --.
Appropriate correction is required.
Rejection under 35 U.S.C. 112, Second Paragraph
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.
Claim 10 is 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 10 is indefinite for reciting the limitation “combining the determined second physico-chemical property of each ion of the multiple ions so as to produce a spectrum for the ions” in lines 10-11. What is the element that is combined with the determined second physico-chemical property of each ion of the multiple ions?
Rejection under 35 U.S.C. 103(a)
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a).
Claims 1-6, 8-15 and 17-22 are rejected under 35 U.S.C. 103(a) as being unpatentable over Green (2017/0076926) in view of Giles et al. (2016/0077054), Richardson et al. (2020/0395202) and Fuerstenau et al. (5,770,857).
Green (2017/0076926) discloses, in figs. 1-6B, an ion mobility spectrometer and/or method, which includes
Regarding claim 1, 2, 8, 10, 17, 18,
separating ions according to a first physico-chemical property by passing the ions through an ion separation device or an ion filtering device 2 (see abstract, figs. 1, 5A-6B, [0018], [0023], [0024], [0043], [0047], [0048], [0054], [0055], [0059], [0060], [0063], [0064], [0065], [0069], [0073], [0079], [0085], [0086], [0090], [0093], [0111]);
measuring the transit time of an ion through the ion separation device, so as to determine a transit time of the ion (see figs. 2-4B, [0065], [0141]-[0146], [0148], [0150], [0154]-[0159], [0163], [0164], [0168], [0171], [0173], [0174], [0177], [0180], [0181], [0197], [0198], [0201], [0208], [0212], [0215], [0218], [0221], [0223]);
detecting the ion using an ion detector so as to determine a charge of the ion (see [0040], [0063], [0070], [0071], [0122], [0138], [0141], [0142]-[0144], [0152], [0166], [0167], [0168], [0177], [0178], [0181], [0201], [0205], [0210], [0221]); and
using the transit time and the charge of the ion to determine a second physico-chemical property of the ion (see abstract, [0019], [0020], [0021], [0024], [0025], [0026], [0051], [0052], [0054], [0055], [0056], [0057], [0060], [0061], [0062], [0063], [0064], [0074], [0076], [0077], [0080], [0082], [0083], [0086], [0087], [0088], [0091], [0092]); and
combining the determined second physico-chemical property of each ion of the multiple ions so as to produce a spectrum for the ions (see [0027], [0030], [0038], [0066], [0163], [0171], [0182], [0189], [0199], [0211], [0217]).
Regarding claim 4, wherein the method comprises determining the charge of the ion from the intensity, amplitude and/or area of a signal generated by the charge-resolving ion detector when the ion is detected (see [0181], [0194], [0197]).
Regarding claim 5, wherein the step of measuring the transit time of the ion through the ion separation device comprises using a second ion detector to measure the transit time of the ion (see [0003], [0110], [0159], [0168], [0221]).
Regarding claim 11, wherein the first physico-chemical property is mass to charge ratio (m/z) (see abstract, figs. 2-4B, [0027], [0037], [0040], [0051], [0055], [0138], [0140]-[0144], [0151], [0152], [0155]-[0163], [0167]-[0183], [0193], [0201], [0205], [0210], [0212], [0215], [0221]).
Regarding claim 12, wherein the ion separation device comprises a time of flight (ToF) separation device 4 configured to separate ions according to their mass to charge ratio (see fig. 1).
Regarding claim 13, wherein the ion separation device comprises an ion separation device in which one or more time-varying electric fields is used to urge ions through a gas such that ions are separated according to mass to charge ratio (see [0065], [0156], [0194], [0198], [0215]).
Regarding 14, wherein the ion separation device comprises a travelling wave separation device, and wherein the method comprises successively applying one or more voltages to different electrodes of the device so as to form one or more travelling potential barriers that move along the device so as to urge ions through the separation device (see [0045], [0116], [0139], [0144], [0148], [0194], [0197], [0198], [0219], [0220]).
Regarding claim 15, wherein the first physico-chemical property is ion mobility (see [0043], [0044], [0055], [0066], [0095], [0096]).
Regarding claim 19, wherein the second physico-chemical property comprises mass (see [0051], [0055]).
Regarding claim 20, wherein the second physico-chemical property comprises collision or reaction cross section (see [0032], [0034], [0035], [0039], [0040], [0055], [0107], [0147], [0169], [0182], [0197], [0205], [0210], [0215], [0217], [0218]).
Regarding claim 22, an analytical instrument (see fig. 1) for performing the method of claim 1, comprising:
an ion separation device 2, wherein the ion separation device 2 is configured to separate ions according to a first physico-chemical property when the ions are passed through the ion separation device 2; and
an ion detector arranged downstream of the ion separation device 2, wherein the analytical instrument is configured such that ions eluting from the ion separation device 2 can be detected by the ion detector (see the detector in Time of Flight (ToF) 4 for detecting ions in fig. 1);
wherein the analytical instrument is configured to measure the transit time of an ion passing through the ion separation device 2, so as to determine a transit time of the ion;
wherein the ion detector comprises a charge-resolving ion detector configured to determine the charge of the ion (see fig. 1); and
wherein the analytical instrument is configured to use the transit time and the charge of the ion to determine a second physico-chemical property of the ion (see fig. 1).
Green (2017/0076926) discloses all the features as discussed above except a charge-resolving ion detector as recited in claims 1, 18 and 22; a faraday cup or cylinder electrode detector; an electron multiplier detector; a photomultiplier or scintillation counter detector; and/or (iv) a superconducting tunnel junction (STJ) detector as recited in claim 3; an induction charge detector as recited in claims 6 and 17; controlling the flux of ions at the ion detector such that individual ions are distinguishable from each other when detected by the ion detector as recited in claim 9; and the ion and/or the ions having a mass > 1 MDa as recited in claim 21.
Using the charge-resolving ion detector such as a faraday cup or cylinder electrode detector, an electron multiplier detector, a photomultiplier or scintillation counter detector, and/or (iv) a superconducting tunnel junction (STJ) detector; and the induction charge detector are considered to be obvious variation in design, since it is well known in the art as Giles et al. (2016/0077054) discloses, in figs. 1-5, an ion mobility spectrometer using a destructive detector such as an electron multiplier or faraday plate or a non-destructive detector such as an inline inductive charge detector (see [0114]), thus would have been obvious to one skilled in the art to use the charge-resolving ion detector as a faraday cup or cylinder electrode detector, an electron multiplier detector, a photomultiplier or scintillation counter detector, and/or (iv) a superconducting tunnel junction (STJ) detector; and the induction charge detector in the Green (2017/0076926) ion mobility spectrometer for detecting ions.
Controlling the flux of ions at the ion detector such that individual ions are distinguishable from each other when detected by the ion detector is considered to be obvious variation in design, since it is well known in the art as Richardson et al. (2020/0395202) discloses, in figs. 1-10, a charge detection mass spectrometer including the flux of ions controlled at an ion detector so that individual ions are distinguishable from each other when detected by the ion detector (see [0032], [0036], [0071], [0079], [0080]), thus would have been obvious to one skilled in the art to control the flux of ions at the ion detector for protecting detector saturation in the Green (2017/0076926) ion mobility spectrometer for detecting ions.
Analyzing the ion and/or the ions having a mass > 1 MDa is considered to be obvious variation in design, since it is well known in the art as Fuerstenau et al. (5,770,857) discloses, in figs. 1-11, a mass spectrometer including a detector for measuring the charge of ions, transit time of the ions having a mass > 1 MDa (see abstract, figs. 4a, 5, 6, 9a, paras. (4), (11), (21)-(23), (26)), thus would have been obvious to one skilled in the art to analyze the ion and/or the ions having a mass > 1 MDa in the Green (2017/0076926) ion mobility spectrometer for analyzing ions.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Giles et al. (2017/0140908) and Wildgoose et al. (2021/0293752) discloses an ion mobility spectrometer for separating or filtering ions and measuring transit or drift time to determining first and second physico properties.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TUAN NGUYEN whose telephone number is (571)272-2479. The examiner can normally be reached on Monday-Friday 8-6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert H. Kim can be reached on 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/KIET T NGUYEN/Primary Examiner, Art Unit 2881
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