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 .
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, 8-10, 12-14, 17-18 and 21-22 are rejected under 35 U.S.C. 103(a) as being unpatentable over Richardson et al. (2020/0161119) in view of Giles et al. (2016/0077054), Richardson et al. (2020/0395202) and Fuerstenau et al. (5,770,857).
Richardson et al. (2020/0161119) discloses, in figs. 1-4, an analytical instrument as a mass spectrometer for performing a method of ion mobility and/or mass spectrometry for measuring a transit time and a charge of an ion to determine a mass of the ion, which includes
Regarding claims 1, 17 and 18,
separating ions according to mass to charge ratio by passing the ions through an ion separation device (see abstract, [0002], [006], [0007], [0008], [0027]-[0029], [0031]-[0034], [0041], [0045], [0046], [0054], [0056], [0057], [0064]-[0066], [0074], [0077], [0078], [0088], [0101], [0104], [0143], [0146], [0150], [0151]);
isolating an ion that has a first value of mass to charge ratio by passing ions through an ion filtering device (see first and second transit times are measured from isolated different first and second ions [0011], [0022], [0023], [0061], the ions have different transit time through the device to the detector (different isolated ions have different transit times) [0077], [0082], [0101], the mass filter for filtering or isolating ions that have different mass to charge ration values, [0123], [0168], [0196]);
measuring the transit time of an ion through the ion separation device, so as to determine a transit time of the ion (see abstract, [0002], [0004], [0007]-[0015], [0018], [0021]-[0031], [0034], [0036], [0041]-[0046], [0054], [0057]-0109], [0138], [0146]-[0151], [0161], [0162], [0165]-0170], [0183], [0193]-[0202]);
detecting the ion using a detector to determine a charge of the ion (see [0045]-[0050], [0054], [0057], [0059], [0061], [0065], [0067], [0068], [0069], [0077], [0078], [0084], [0099], [0100], [0101], [0104], [0109], [0122], [0132]-[0134], [0184], [0185], [0186], [0187]);
using the transit time and the charge of the ion to determine mass of the ion (see [0045], [0046], [0048], [0049], [0052], [0054], [0057], [0059], [0061], [0065]-[0069], [0093], [0099], [0101], [0104], [0109], [0183]-[0187]); and
using the first value of the mass to charge ratio and the charge of the ion to determine a mass of the ion (see m/q is the mass to charge ratio and is used to determine a mass m of the ion [0034], [0036], [0046], [0049], [0052], [0068], [0069], [0070], Eq. 4, m/q in [0157], Eq. 12, [0185], [0186], [0187]).
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 one or more ion detectors [0122]).
Regarding claim 8, wherein using the transit time and the charge of the ion to determine the mass of the ion comprises determining the mass to charge ratio of the ion from the transit time measured for the ion (see abstract, [0004], [0007], [0010], [0011], [0012], [0018], [0021], [0022], [0024], [0028], [0030], [0031], [0043], [0081], [0082], [0138], [0146], [0148], [0149], [0165], [0167], [0168], [0195], [0196]), and combining the determined mass to charge ratio of the ion and the charge of the ion to determine the mass of the ion ((see m/q is the mass to charge ratio and is used to determine a mass m of the ion [0034], [0036], [0046], [0049], [0052], [0068], [0069], [0070], Eq. 4, m/q in [0157], Eq. 12, [0185], [0186], [0187]) .
Regarding claim 12, wherein the ion separation device comprises a time of flight (ToF) separation device configured to separate ions according to their mass to charge ratio (see [0120], [0123]).
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 abstract, [0003], [0004], [0006], [0015], [0027], [0038], [0039], [0041], [0050], [0052], [0056], [0064], [0073], [0077], [0084], [0088], [0096], [0107], [0142], [0143]).
Regarding claim 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 [0003], [0023], [0033], [0034], [0052], [0073], [0077], [0084], [0088], [0092], [0096], [0103], [0107], [0138], [0142]-[0144], [0148], [0150], [0153]-[0156], [0161], [0172], [0173], [0175], [0177], [0179], [0187], [0189]).
Richardson et al. (2020/0161119) discloses all the features as discussed above except a charge-resolving ion detector as recited in claims 1, 2, 10, 18 and 22; a faraday cup or cylinder electrode detector, an electron multiplier detector, a photomultiplier or scintillation counter detector, and/or a superconducting tunnel junction (STJ) detector as recited in claim 3; 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 as recited in claim 4; an induction charge detector as recited in claims 6, 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; producing a spectrum for multiple ions by combining together the mass determined for each ion of the multiple ions as recited in claim 10; and 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 Richardson et al. (2020/0161119) analytical instrument for detecting ions.
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; controlling the flux of ions at the ion detector, such that individual ions are distinguishable from each other when detected by the ion detector; and producing a spectrum for multiple ions by combining together the mass determined for each ion of the multiple ions are 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 which includes 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 figs. 2, 4, [0008]-[0010], [0031], [0057], [0060], [0062], [0075], [0079], [0101]-[0108], [0111]); controlling the flux of ions 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]); and producing a spectrum for multiple ions by combining together the mass determined for each ion of the multiple ions (see fig. 2, [0008], [0024], [0063], [0070], [0073], [0075], [0111]), thus would have been obvious to one skilled in the art to determine the charge of the ion from the intensity, amplitude and/or area of a signal generated by the charge-resolving ion detector; to control the flux of ions at the ion detector so that individual ions are distinguishable from each other when detected by the ion detector; and to produce a spectrum for multiple ions by combining together the mass determined for each ion of the multiple ions in the Richardson et al. (2020/0161119) analytical instrument 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 Richardson et al. (2020/0161119) analytical instrument for analyzing ions.
Applicant's arguments filed on 09/22/2026 have been fully considered but they are not persuasive in view of the foregoing reasons.
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.
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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