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. 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 2 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 2 is indefinite for reciting the limitation “the timing in accordance with the detection target component is a timing at which the ionized sample corresponding to the detection target component is located between the first electrode and the second electrode” in lines 5-7. What is the timing in accordance with the detection target component? What is the timing at which the ionized sample corresponding to the detection target component is located between the first electrode and the second electrode? What is the detection target component that is located between the first electrode and the second electrode? How is the timing in accordance with the detection target component that is a timing at which the ionized sample corresponding to the detection target component is located between the first electrode and the second electrode?
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 1-10 are rejected under 35 U.S.C. 103(a) as being unpatentable over Satoh (2014/0166874) in view of Naito et al. (2023/0042588).
Satoh (2014/0166874) discloses, in figs. 1-9, a mass spectrometer and/or method, which includes:
Regarding claims 1, 9,
a sample stage 11 on which a sample is placed (see figs. 1, 7, 8, abstract, [0024], [0037], [0038], [0042], [0059], [0068], [0079], [0080], [0082]);
an irradiation unit configured to irradiate the sample with an energy beam and ionize a component of the sample while maintaining positional information of the sample in a region irradiated with the energy beam (see “laser irradiating the sample to ionize a component of the sample to produce ions” in abstract, [0024], [0025], [0037], [0038], [0042], [0059], [0068], [0070], [0071], [0074], [0075], [0077], [0079], [0080], [0082], [0084], [0088]);
a first electrode 12 configured to extract an ionized sample, which is a component of the sample ionized by the irradiation unit, from a surface of the sample by a potential difference between the first electrode and the sample stage (see figs. 1, 7, 8, [0022], [0027]-[0033], [0061], [0063], [0068]-[0071], [0077], [0084], [0087], [0088], [0091]);
a detection system 90 including a detector 30, a data processing portion 40 and a display portion 50 for imaging the sample (see figs. 1, 7, 8, [0058], [0065]-[0067], [0092]-[0095]); and
a control unit 60 configured to control operations of the irradiation unit (laser), the first electrode 12, and the imaging part (detection system) (see abstract, [0024], [0027], [0029], [0031], [0042], [0063], [0068]-[0071], [0079], [0080], [0084], [0086], [0088], [0089], [0091]-[0093]),
wherein the control unit 60 is configured to change a potential of the first electrode 12 at a timing in accordance with a predetermined detection target component among one or more components included in the sample after irradiation of the energy beam by the irradiation unit, and cause the imaging part to acquire the image as an analysis target in a period in accordance with the detection target component (see figs. 1, 2A, 2B, 3A, 3B, 5A, 5B, 6A, 6B, 7, 8, abstract, [0016], [0021], [0022], [0024], [0025], [0027], [0028], [0042], [0063], [0066], [0067], [0068], [0070], [0071], [0073], [0075], [0077], [0079], [0080], [0083], [0088], [0090], [0092], [0095]), and
at the timing, the control unit 60 is configured to increase the potential of the first electrode 12 by a predetermined amount when the ionized sample corresponding to the detection target component is a positive ion (see figs. 3A, 6A, 6B, [0047], [0063], [0069], [0087]), and decrease the potential of the extraction first electrode by a predetermined amount when the ionized sample corresponding to the detection target component is a negative ion (see fig. 3B, [0048], [0069]).
Regarding claim 2, further comprising a second electrode 13 disposed between the first electrode 12 and the detector 30 and configured to accelerate the ionized sample extracted by the first electrode by a potential difference from the first electrode (see figs. 1, 7, 8, [0024], [0026], [0028], [0032], [0061], [0062], [0064]),
wherein the timing in accordance with the detection target component is a timing at which the ionized sample corresponding to the detection target component is located between the first electrode and the second electrode (see [0032], [0064], [0065], [0067], [0070]).
Regarding claim 7, wherein the energy beam is a laser beam, an electron beam, or an ion beam (see abstract, [0024], [0025], [0037], [0038], [0042], [0059], [0068], [0070], [0071], [0074], [0075], [0079], [0080], [0082], [0083], [0088]).
Regarding claims 8, 10, wherein when a unit process corresponding to one irradiation of the energy beam by the irradiation unit is one event, the control unit is configured to execute a plurality of events while changing the detection target component for every event (see “a detection system for measuring arrival positions …” in abstract, [0024], [0042]; “analyze the positions and intensity distributions …” in [0003], [0015], [0016]; “each positive ion or negative ion detected is corresponding to one event, and positive ions and negative ions detected are corresponding to a plurality of events” [0063], [0065], [0066], [0067], [0069], “After all the ions to be measured this time have passed through the accelerating portion terminal electrode 13, the voltage control portion 60 returns the voltage on the extraction electrode 12 to the minimum value until the sample is irradiated with laser light for a next measurement” in [0070], “Then, the voltage control portion 60 increases the voltage on the extraction electrode 12 back to its maximum value until the sample is irradiated with laser light for a next measurement after all the ions to be measured this time pass through the accelerating portion terminal electrode 13” in [0071], [0079], [0080].
Satoh (2014/0166874) discloses all the features as discussed above except an electron emission unit disposed downstream of the first electrode in a flight path of the ionized sample and configured to emit electrons in accordance with the ionized sample; and an imaging part disposed at a subsequent stage of the electron emission unit and configured to acquire an image based on the electrons emitted by the electron emission unit as recited in claims 1 and 9; a phosphor disposed between the electron emission unit and the imaging part and configured to emit light corresponding to the electrons emitted by the electron emission unit, wherein the imaging part is configured to acquire an image based on the light from the phosphor as recited in claim 3; a fluorescent material constituting the phosphor is GaN, ZnO or a plastic scintillator as recited in claim 4; a gate mechanism configured to be switchable between an open state in which an image based on the light from the phosphor is captured and a close state in which an image based on the light from the phosphor is not captured, and the control unit is configured to control the operation of the gate mechanism so that the open state is set in the period in accordance with the detection target component and the close state is set in a period other than the period as recited in claim 5; an image intensifier having the gate mechanism; and a solid state image sensor disposed at the subsequent stage of the image intensifier as recited in claim 6.
Using the detector that includes an electron emission unit disposed downstream of the first electrode in a flight path of the ionized sample and configured to emit electrons in accordance with the ionized sample; and an imaging part disposed at a subsequent stage of the electron emission unit and configured to acquire an image based on the electrons emitted by the electron emission unit; a phosphor disposed between the electron emission unit and the imaging part and configured to emit light corresponding to the electrons emitted by the electron emission unit, wherein the imaging part is configured to acquire an image based on the light from the phosphor; a fluorescent material constituting the phosphor is GaN, ZnO or a plastic scintillator; a gate mechanism configured to be switchable between an open state in which an image based on the light from the phosphor is captured and a close state in which an image based on the light from the phosphor is not captured, and the control unit is configured to control the operation of the gate mechanism so that the open state is set in the period in accordance with the detection target component and the close state is set in a period other than the period; an image intensifier having the gate mechanism; and a solid state image sensor disposed at the subsequent stage of the image intensifier is considered to be obvious variation in design, since it is well known in the art as Naito et al. (2023/0042588) discloses, in figs. 1-14, a mass spectrometer having a detector that includes an electron emission unit 41 disposed in a flight path of the ionized sample S2 and configured to emit electrons E in accordance with the ionized sample S2 (see fig. 1); an imaging part 43 disposed at a subsequent stage of the electron emission unit 41 and configured to acquire an image based on the electrons emitted by the electron emission unit 41; a phosphor (fluorescent 42) disposed between the electron emission unit 41 and the imaging part 43 and configured to emit light L2 corresponding to the electrons E emitted by the electron emission unit 41, wherein the imaging part 43 is configured to acquire an image based on the light from the phosphor (see fig. 1); a fluorescent material 42 constituting the phosphor is GaN, ZnO or a plastic scintillator (see [0009], [0051], [0053], [0075], [0104]); a gate mechanism 432 configured to be switchable between an open state in which an image based on the light from the phosphor 42 is captured and a close state in which an image based on the light from the phosphor 42 is not captured, and the control unit 5 is configured to control the operation of the gate mechanism 432 so that the open state is set in the period in accordance with the detection target component and the close state is set in a period other than the period (see figs. 3-6, abstract, [0006], [0012]-[0025], [0029]-[0032], [0055], [0057]-[0060], [0062]-[0069], [0077]-[0079], [0082]-[0102], [0111]); an image intensifier 44 having the gate mechanism 432; and a solid state image sensor 431 disposed at the subsequent stage of the image intensifier 44, thus would have been obvious to one skilled in the art to use the detector that includes an electron emission unit disposed downstream of the first electrode in a flight path of the ionized sample and configured to emit electrons in accordance with the ionized sample; and an imaging part disposed at a subsequent stage of the electron emission unit and configured to acquire an image based on the electrons emitted by the electron emission unit; a phosphor disposed between the electron emission unit and the imaging part and configured to emit light corresponding to the electrons emitted by the electron emission unit, wherein the imaging part is configured to acquire an image based on the light from the phosphor; a fluorescent material constituting the phosphor is GaN, ZnO or a plastic scintillator; a gate mechanism configured to be switchable between an open state in which an image based on the light from the phosphor is captured and a close state in which an image based on the light from the phosphor is not captured, and the control unit is configured to control the operation of the gate mechanism so that the open state is set in the period in accordance with the detection target component and the close state is set in a period other than the period; an image intensifier having the gate mechanism; and a solid state image sensor disposed at the subsequent stage of the image intensifier in the Satoh (2014/0166874) mass spectrometer and/or method for detecting ions.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Wang et al. (2010/0181474); Kobayashi et al. (2020/0312645); Silivra et al. (2021/0035789) and Bevis et al. (2022/0223395) discloses a mass spectrometer system having a MCP for detecting ions.
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