DETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed 8/21/2026 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because US PGPub 20080061227 was previously considered in an earlier filed disclosure statement filed 9/6/2023. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Response to Arguments
Applicant's arguments filed 6/18/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art of record does not teach or disclose the controller is configured to apply one or more control signals to the ion routing device to direct ions received via the inlet of the ion routing device to the outlets during alternating temporal intervals. Examiner disagrees as Fig. 7 of Chernushevich discloses a multi-device interface 602 which receives one or more inputs from ion sources 12a-n and outputs the desired ions to one or more mass analyzers 16a-n. Applicant admits that Chernushevich discloses the samples provided to the two or more downstream devices in a parallel or sequential fashion (e.g. at different temporal intervals, see paragraph [0028]). Chernushevich further states that the output does not have to work simultaneously (see paragraph [0055]).
Applicant further argues that the prior art does not teach a configuration for periodic/cyclical operation to repeatedly provide mass analyzers at alternating time intervals. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., periodic/cyclical operation for repeatedly alternating time intervals and maintaining ion sensitivity) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). However, Chernushevich discloses the mass analyzers can be configured such that the ions are output in a sequential fashion (see paragraph [0055]). Furthermore, it would have been obvious at the time of invention to a person of ordinary skill in the art to repeat a sequence of outputs toward mass analyzers, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim Rejections - 35 USC § 102
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, 5 and 9-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chernushevich et al. (US PGPub 2007/0057178, hereinafter Chernushevich).
Regarding claim 1, Fig. 7 of Chernushevich discloses a mass spectrometer (mass spectrometer devices, see paragraph [0001]) comprising:
at least one ion guide having an inlet for receiving a plurality of ions from an upstream ion source and an outlet through which ions exit the ion guide (ion focusing device 14 receives ions from an upstream ion source 12 and an outlet leading to multi-device interface 602, see Fig. 7 and paragraph [0053]),
an ion routing device having an inlet for receiving at least a portion of the ions exiting the ion guide and at least two outlets (multi-device interface 602 receives ions from ion focusing device 14 and outputs to at least two ion focusing devices 15a-n, see Fig. 7 and paragraph [0053]),
a first mass spectrometer positioned relative to the first outlet to receive ions exiting the ion routing device via the first outlet (first mass analyzer 16a receives ions from first ion focusing device 15a, see Fig. 7 and paragraph [0053]), and
a second mass spectrometer positioned relative to the second outlet to receive ions exiting the ion routing device via the second outlet (nth mass analyzer 16n receives ions from nth ion focusing device 15n, see Fig. 7 and paragraph [0053]); and
a controller operably coupled to the ion routing device for controlling distribution of ions received via the inlet of the ion routing device between the at least two outlets (multi-device interface 602 receives ions from ion focusing device 14 and outputs to at least two ion focusing devices 15a-n, see Fig. 7 and paragraph [0053]; controlled by potentials applied to the given rod set for the input or output rod set, see paragraph [0053], controller is inherent), wherein the controller is configured to apply one or more control signals to the ion routing device to direct ions received via the inlet of the ion routing device to the outlets during alternating temporal intervals such that the ions received via the inlet of the ion routing device are directed to each of the outlets during the different alternating temporal intervals (multi-device interface 602 receives ions from ion focusing device 14 and outputs to at least two ion focusing devices 15a-n, see Fig. 7 and paragraph [0053]; controlled by potentials applied to the given rod set for the input or output rod set, see paragraph [0053], controller is inherent; analyte samples can first be loaded into the different ion sources and then the mass spectrometry analysis process can begin while operating the different ion sources in a sequential or parallel fashion, or alternatively the multi-device interface 602 can receive input samples from one or more ion sources and provide the input samples to two or more downstream devices in a parallel or sequential fashion, see paragraph [0028]);
wherein at least one of the first and second mass spectrometers comprises a quadrupole mass analyzer and the other mass spectrometer comprises a TOF mass analyzer (Fig. 7 depicts nth mass analyzers 16n, see paragraph [0053]; mass analyzers 16 may be any suitable mass analyzer such as linear quadrupole mass analyzer, a linear or reflecting TOF mass analyzer, a magnetic sector analyzer, and the like, see paragraph [0069]).
Regarding claim 5, Chernushevich discloses the controller is configured to apply one or more control signals to the ion routing device for substantially concurrently directing a portion of the received ions to one of the outlets and another portion of the received ions to the other outlet (one ion source provides ions for two different mass analyzers, see paragraph [0055], controller is inherent).
Regarding claim 9, Chernushevic discloses the ion routing device comprises a branched quadrupole structure (multi-device interface 700 includes a quadrupole rod set, see paragraph [0057]; branched outlets into ion focusing devices 15a-n, see paragraph [0053]).
Regarding claim 10, Chernushevic discloses the ion routing device comprises an electrostatic deflector (rods 700-706 of multi-device interface 700 apply potentials to guide (e.g. deflect) the generated ions, see paragraph [0057]).
Regarding claim 11, Chernushevic discloses a DC voltage source for applying DC voltage to the electrostatic deflector for causing at least a portion of the received ions to be directed to at least one of the two outlets (multi-device interface 700 includes a quadrupole rod set, see paragraph [0057]; quadrupoles that are used in mass spectrometers, and therefore subjected to both RF and DC voltages, see paragraph [0033]; DC voltage source inherent).
Regarding claim 12, Chernushevic discloses the controller is configured to apply control signals to the DC voltage source such that the DC voltage source applies one or more voltages to the electrostatic deflector for directing the received ions into the two outlets during different time intervals (multi-device interface 700 includes a quadrupole rod set, see paragraph [0057]; quadrupoles that are used in mass spectrometers, and therefore subjected to both RF and DC voltages, see paragraph [0033]; DC voltage source inherent; multi-device interface 602 does not have to be working simultaneously (e.g. different temporal intervals) when one or more ion sources provide ions for two different mass analyzers, see paragraph [0055], controller is inherent).
Regarding claim 13, Chernushevic discloses at least one of the first and second mass spectrometers comprises a mass filter positioned downstream of the outlet of the ion routing device associated with the at least one mass spectrometer for selecting precursor ions having m/z ratios within a desired range among ions exiting through the outlet (mass analyzer 16 may be a mass filter that selects ions having various m/z ratios, see paragraph [0032]; downstream of multi-device interface 602, see Fig. 7 and paragraph [0053]).
Regarding claim 14, Chernushevic discloses a collision cell positioned downstream of the mass filter for causing fragmentation of at least a portion of the precursor ions so as to generate a plurality of product ions (ion focusing guide 14 may include a combination of a collision cell to create fragment ions, see paragraph [0031]; positioned downstream of the mass filter (e.g. mass analyzer 16 may be a mass filter, see paragraph [0032]) (e.g. detector 18a may be additional downstream elements, such as an ion focusing device/collision cell, see paragraph [0053])).
Regarding claim 15, Chernushevic discloses the collision cell comprises a plurality of rods arranged in a multipole configuration and configured for application of RF and/or DC voltages thereto for providing radial confinement of the precursor ions (ion-focusing element device 14, typically a quadrupole ion guide, see paragraph [0030]; quadrupoles that are used in mass spectrometers, and therefore subjected to both RF and DC voltages, see paragraph [0033]; collision cell used to create fragment ions are confined in the collision cell, see paragraph [0031]).
Regarding claim 16, Chernushevic discloses a mass analyzer disposed downstream of the collision cell for receiving at least a portion of the plurality of product ions and providing a mass analysis thereof (ion focusing guide 14 may include a combination of a collision cell to create fragment ions, see paragraph [0031]; mass analyzer 16 downstream ion focusing guide 14, see paragraph [0053]; mass analyzer provides mass analysis, see paragraph [0031]).
Regarding claim 17, Chernushevic discloses the mass analyzer comprises a quadrupole mass analyzer (mass analyzer 16 may be any suitable mass analyzer such as a linear quadrupole mass analyzer, see paragraph [0032]).
Regarding claim 18, Chernushevic discloses the mass analyzer comprises a TOF mass analyzer (mass analyzer 16 may be any suitable mass analyzer such as a linear or reflecting TOF mass analyzer, see paragraph [0032]).
Regarding claim 19, Chernushevic discloses the mass filter comprises a plurality of rods arranged in a multipole configuration for application of an RF and/or DC voltage thereto for generating an electromagnetic field for facilitating selection for the ions having m/z rations within the desired range (mass analyzer 16 may be a mass filter that selects ions having various m/z ratios by using DC and RF voltages applied to the mass analyzer 16 (see paragraph [0032]; mass analyzer 16 may be a quadrupole mass analyzer, see paragraph [0032]).
Regarding claim 20, Chernushevic discloses the multipole configuration comprises a quadrupole configuration (mass analyzer 16 may be any suitable mass analyzer such as a linear quadrupole mass analyzer, see paragraph [0032]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANWAY CHANG whose telephone number is (571)270-5766. The examiner can normally be reached Monday - Friday 7:30 AM - 4:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached at (571) 272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Hanway Chang
/HC/ Examiner, Art Unit 2878
/GEORGIA Y EPPS/Supervisory Patent Examiner, Art Unit 2878
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