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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/27/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 16-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s amendments to claim 1 have placed claims 1 and 3-15 in condition for allowance, as described in detail, below.
Allowable Subject Matter
Claims 1 and 3-15 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding independent claim 1; Dovichi et al. U.S. PGPUB No. 2013/0140180 discloses a nanospray interface for mass spectrometry, the nanospray interface comprising: a body 110 including a sheath inlet 124 connected to a sheath outlet (“Flush” in figure 1B) for passage of sheath liquid to an emitter 106 (“an electrically conductive sheath liquid is allowed to flow from the sheath liquid reservoir, through a connecting fixture intermediate the capillary and the electrospray emitter, across the distal end of the capillary, and through the opening at the distal end of the electrospray emitter” [0031] – “The fourth port of the cross was connected to a syringe and used to flush the interface with sheath liquid at the start of an experiment” [0075]), wherein the sheath inlet and the sheath outlet are formed in a generally U-shaped configuration (as illustrated in the annotated copy of figure 1B, below).
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Dovichi discloses the claimed invention except that while the sheath inlet and the sheath outlet protrude from the body, the sheath inlet and the sheath outlet do not protrude from the body parallel to a central longitudinal axis of the body. Additionally, there is no explicit disclosure that the nanospray interface that is three-dimensional printed.
Gentalen et al. U.S. PGPUB No. 2019/0234961 discloses “A microfluidic network, 100… defined by a substrate 102” [0113] wherein “the expulsion is performed using electrospray ionization (ESI) into, for example, a mass spectrometer” [0104], and that “Channels may be fabricated in the substrate through any channel fabrication method such as, for example, photolithographic etching, molding, machining, additive (3D) printing, and the like” [0116]. Gentalen illustrates in figure 1, an inlet tube 112, and an outlet tube 130, which protrude from the body parallel to a central longitudinal axis of the body. However, these elements are not a sheath inlet and a sheath outlet for passage of sheath liquid to an emitter (Gentalen identifies that sheath liquid is admitted from reservoirs 108 and/or 134, which do not protrude from the body parallel to a central longitudinal axis of the body).
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, a three-dimensional printed nanospray interface for mass spectrometry, the nanospray interface comprising: a sheath inlet and a sheath outlet formed in a U-shaped configuration for passage of sheath liquid to an emitter, wherein the sheath inlet and the sheath outlet protrude from the body parallel to a central longitudinal axis of the body.
Regarding independent claim 11; claim 11 includes substantially similar limitations to those of independent claim 1 and is allowable at least for the reasons indicated with respect to independent claim 1.
Regarding dependent claims 3-10 and 12-15; these claims are allowable at least for their dependence, either directly or indirectly, upon independent claims 1 and 11.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Berkel U.S. PGPUB No. 2014/0326872 in view of Gentalen et al. U.S. PGPUB No. 2019/0234961.
Regarding claim 16, Van Berkel discloses a nanospray interface for mass spectrometry (“An analysis device is provided for receiving the electrospray and analyzing the sample. The analysis device can be a mass spectrometer” [0013]), the nanospray interface comprising: a body including a sheath inlet connected to a sheath outlet for passage of sheath liquid to an emitter (“Sample-containing solvent is extracted from the liquid extraction tip 220 into the extraction channel 224 by capillary action and is wicked to the liquid outlet 212” [0045]), wherein the emitter includes an emitter tip 236 (“The electrospray emitter tip 236 receives the sample-containing solvent from the liquid outlet 212 and forms an electrospray 244 that is suitable for analysis” [0046]), and wherein the emitter tip 236: is offset from a central axis of the nanospray interface (as illustrated in figure 5B); or includes a plurality of V-shaped protrusions disposed on a surface of the emitter tip (this limitation is recited in the alternative, and Van Berkel is relied upon for teaching the alternative recitation that the emitter tip is offset from a central axis of the nanospray interface). Van Berkel discloses the claimed invention except that there is no explicit disclosure that the emitter tip is three-dimensional printed.
Gentalen discloses “A microfluidic network, 100… defined by a substrate 102” [0113] wherein “the expulsion is performed using electrospray ionization (ESI) into, for example, a mass spectrometer” [0104], and that “Channels may be fabricated in the substrate through any channel fabrication method such as, for example, photolithographic etching, molding, machining, additive (3D) printing, and the like” [0116]. As illustrated in figure 2, the emitter tip includes a non-circular cross-sectional configuration relative to the central axis of the nanospray interface (“In some instances in which electrospray ionization is used to interface the separation device with a mass spectrometer, the orifice may be disposed on a countersunk surface of the microfluidic device such that a Taylor cone forms within a recess defined by the countersunk surface” [0047]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Van Berkel to be manufactured using the method of Gentalen in order to provide a known manufacturing method for manufacturing a microfluidic device, such as that of Van Berkel, wherein Van Berkel does not disclose the method by which the device is manufactured.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Berkel U.S. PGPUB No. 2014/0326872 in view of Gentalen et al. U.S. PGPUB No. 2019/0234961in further view of Corso et al. U.S. PGPUB No. 2010/0078553.
Regarding claim 17, Van Berkel discloses a capillary connected to the sheath inlet and the sheath outlet (as illustrated in figure 5B). Van Berkel discloses the claimed invention except that while Van Berkel discloses a capillary for transferring ions to a mass spectrometer, there is no explicit disclosure that the emitter includes a tapered capillary tubing disposed in the capillary.
Corso discloses a capillary for emitting ions to a mass spectrometer (“a mass spectrometry system can include an atmospheric pressure ionization (API) interface comprising a capillary having a decreasing inner diameter between an entrance to the capillary and an exit from the capillary” [0010]), the capillary emitter including a sidewall including a tapered texture on an inner surface of the sidewall (“FIG. 13 shows a capillary 220 that includes multiple portions 222, 224, 226, and 228 with decreasing inner diameters. The number of sections can be from about 2 to about 10 (e.g., two, three, four, five, six, seven, eight, nine or ten). It is believed that providing a stepped structure such as the capillary 220 can provide similar advantages as a funnel shaped capillary” [0106]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Van Berkel and Gentalen to have the shape disclosed in Corso in order to allow material to deposit on an inner surface of the capillary without clogging the capillary (as described in paragraph [0101] of Corso).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Berkel U.S. PGPUB No. 2014/0326872 in view of Gentalen et al. U.S. PGPUB No. 2019/0234961 in further view of Corso et al. U.S. PGPUB No. 2010/0078553 in further view of Konermann et al. U.S. Patent No. 6,870,154.
Regarding claim 18, Van Berkel discloses the claimed invention except that while Dovichi illustrates in figure 5B, that a capillary is disposed within a flow channel for flowing sheath liquid. However, Van Berkel does not disclose that the tapered capillary tubing is axially movable within the capillary to control passage of analyte through the emitter.
Konermann discloses “a capillary mixer for mixing first and second reactant solutions to form a mixed solution prior to delivering the mixed solution to an ion source of a mass spectrometer” [Abstract] wherein “the inner capillary is connected at a proximal end to a source of the first reactant solution and has an opening at or near a distal end, is slidably sealed to the outer capillary at or near the proximal end of the outer capillary and is movable back and forth within the outer capillary” [Abstract].
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have combined Van Berkel, Gentalen, and Corso with the movable capillary of Konermann in order to provide improved adjustability of the device, so as to control mixing between fluids in the capillary and fluids flowed around the tip of the capillary.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Berkel U.S. PGPUB No. 2014/0326872 in view of Gentalen et al. U.S. PGPUB No. 2019/0234961in further view of Levaille et al. U.S. PGPUB No. 2021/0229119.
Regarding claim 19, Van Berkel discloses the claimed invention except that there is no explicit disclosure that the emitter includes a flowback edge disposed adjacent to the emitter tip.
Levaille discloses an emitter for interfacing with a mass spectrometer (“sampling inlet may be connected to an analytical instrument, such as mass and/or ion mobility spectrometer” [0083]), wherein emitter includes a flowback edge disposed adjacent to the emitter tip (“the nozzle 16 may act to protect the solvent capillary 12 in use” [0110]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Van Berkel and Gentalen with the flowback edge of Levaille in order to provide protection to the emitter thereby preventing deposits or other harmful particles from contacting outer portions of the emitter.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Berkel U.S. PGPUB No. 2014/0326872 in view of Gentalen et al. U.S. PGPUB No. 2019/0234961 in further view of Badu-Tawiah et al. U.S. PGPUB No. 2016/0329198.
Regarding claim 20, Van Berkel discloses the claimed invention except that there is no explicit disclosure that the emitter includes a light source angled relative to the emitter tip exit to make visible passage of analyte through the emitter.
Badu-Tawiah discloses an emitter including a light source angled relative to the emitter tip exit to make visible passage of analyte through the emitter (“A simplified experimental setup (FIG. 25), designed to represent only the outlet portion of the contained-electrospray emitter, allows investigation of the effect of electrical potential and visible light exposure time” [0230]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Van Berkel and Gentalen with the light source of Badu-Tawiah in order to provide feedback about the passage of analyte through the emitter (see paragraph [0231] of Badu-Tawiah).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST.
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/JASON L MCCORMACK/Examiner, Art Unit 2881