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 .
Response to Amendment
The preliminary amendment filed on 19 July 2023 has been accepted and entered.
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.
Claim(s) 1, 2, 8-14, and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olney et al. (WO 2013/081581)
With respect to claim 1, Olney discloses: a method for calibrating (par. [0015]) a hybrid mass spectrometer comprising an accurate mass analyzer (Q2 comprises a mass analyzer which may comprise a time-of-flight mass analyzer, par. [0015]) combined with a nominal mass analyzer (first quadrupole device, Q1, par. [0015]), the method comprising: calibrating the accurate mass analyzer using one or more reference standards (par. [0016-0017]), analyzing a sample using the nominal mass analyzer and the accurate mass analyzer to generate one or more corresponding nominal and calibrated accurate mass signals associated with the sample (par. [0019-0021], steps a-h), and calibrating the nominal mass analyzer by comparing the nominal and the calibrated accurate mass signals (par. [0027]).
With respect to claim 9, Olney discloses: a method for calibrating a mass spectrometer having at least a first (Q1) and a second mass analyzer (Q2), wherein the second mass analyzer is positioned downstream of the first mass analyzer (Fig. 1A), comprising: calibrating said second mass analyzer using one or more reference standards (par. [0016-0017])), generating a first measurement of a mass signal of a precursor ion using the first mass analyzer (par. [0024]) and generating a second measurement of a respective mass signal of said precursor ion using the second mass analyzer (par. [0026]), and calibrating said first mass analyzer via a comparison of said first and second measurements of said mass signal (par. [0027]).
With respect to claim 2, Olney discloses storing calibration parameters (various calibration values, par. [0013]).
With respect to claim 8, Olney discloses an accurate mass analyzer which comprises a time-of-flight mass analyzer (par. [0015]).
With respect to claims 10 and 16, Olney discloses a first mass analyzer (Q1) comprises a plurality of rods arranged in a multipole (first quadrupole device, par. [0015]) configuration to which RF and DC voltages can be applied (par. [0013]).
With respect to claims 11 and 17, Olney discloses a second mass analyzer which comprises a time-of-flight mass analyzer (par. [0015]).
With respect to claim 12, Olney discloses a collision cell positioned between said first and said second mass analyzer for receiving said precursor ion from said first mass analyzer and generating a plurality of product ions via fragmentation of said precursor ion (collision cell and time-of-flight mass analyzer, par. [0015]).
With respect to claim 13, Olney discloses a first measurement of the mass signal which corresponds to an m/z ratio of said precursor ion identified based on at least one nominal setting of the first mass analyzer (Q1, par. [0013, 0015]).
With respect to claim 14, Olney discloses identifying a mass signal associated with said precursor ion in a mass spectrum of ions exiting said collision cell generated by said second mass analyzer and assigning an m/z ratio to said identified mass signal (par. [0013, 0025-0026]).
Allowable Subject Matter
Claims 18-20 are allowed.
Claims 3-7 and 15 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 following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 18, the cited prior art does not appear to disclose or reasonably suggest: a hybrid mass spectrometer, comprising: a nominal mass analyzer configured to provide a plurality of transmission windows for passage of at least one precursor ion, a collision cell positioned downstream of said nominal mass analyzer for receiving said at least one precursor ion and causing fragmentation thereof so as to generate a plurality of product ions, an accurate mass analyzer for receiving ions exiting said collision cell and generating a mass spectrum thereof, a mass analyzer for receiving one or more operating parameters of said nominal mass analyzer and said mass spectrum generated by said accurate mass analyzer, wherein said mass analyzer is configured to identify a mass signal associated with said precursor ion in said accurate mass analyzer and calibrate said nominal mass analyzer based on an m/z ratio of said precursor ion in said mass spectrum and said one or more operating parameters of said nominal mass analyzer.
Claims 19-20 are allowable for reasons of dependency.
With respect to claims 3-7, the cited prior art does not appear to disclose or reasonably suggest the claimed method wherein said nominal mass analyzer is configured to provide a plurality of ion transmission windows, as claimed.
With respect to claim 15, the cited prior art does not appear to disclose or reasonably suggest the claimed method wherein at least one nominal setting comprises any of a transmission width and a speed for scanning said transmission width.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK R GAWORECKI whose telephone number is (571)272-8540. The examiner can normally be reached Monday-Friday 8 AM-6 PM.
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/MARK R GAWORECKI/Primary Examiner, Art Unit 2884 9 December 2025