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 .
Applicant’s filing of claims 1-7 on 7/7/23 is acknowledged. Claims 1-7 are pending and are under examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/7/23 and 1/10/25 were acknowledged. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 1-7 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is rejected because the scope of the preamble is unclear. The claim is missing a preamble, which includes the transitional term, e.g., “comprising”.
Claim 1 is rejected for indefiniteness because the claim merely recites a use, e.g., “using,” without any active, positive steps delimiting how this use is actually practiced. See MPEP 2173.05(q).
Claim 1 is rejected because it is unclear whether the negatively charged organic synthetic compound is being positively claimed.
Claim 1 is rejected because the claim does not particularly point out and distinctly claim the relationship between the negatively charged organic synthetic compound, liquid matrix, ionic liquid, amine ion and acidic group-containing organic substance ion. The claim does not clearly claim what constitutes the liquid matrix and the ionic liquid.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukuyama et al. (“Fukuyama,” US Pub. No. 2015/0069226, cited in IDS).
As to claims 1-4, Fukuyama teaches a method for mass spectrometry of a negatively charged organic synthetic compound (e.g., phosphorylated peptides), the method comprising using, as a liquid matrix, an ionic liquid comprising an amine ion (e.g., 3-aminoquinoline ion) and an acidic group-containing organic substance ion (e.g., p-coumaric acid). See abstract et seq.
As to claim 5, see e.g., [0015] et seq.
As to claims 6-7, see e.g., [0014] et seq.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORE RAMILLANO JARRETT whose telephone number is (571)272-7420. The examiner can normally be reached Monday to Friday.
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/LORE R JARRETT/Primary Examiner, Art Unit 1797
1/10/2026