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 .
Election/Restrictions
Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/17/25.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 6-8 rejected under 35 U.S.C. 103 as being unpatentable over CN 115910744 A [Huang], the translation of which is attached, in view of Van Berkel, Gary J., Keiji G. Asano, and Paul D. Schnier. "Electrochemical processes in a wire-in-a-capillary bulk-loaded, nano-electrospray emitter." Journal of the American Society for Mass Spectrometry 12.7 (2001): 853-862 [hereinafter Van Berkel].
Regarding Claim 1:
Huang teaches a nano-liter photoionization mass spectrometry ion source device (as shown in Fig. 2), comprising:
a nano-tip, configured to load a sample solution, thus achieving a nano-electrospray process (Fig. 2 (1), claim 9);
and
a UV lamp (Fig. 2 (8)), configured to emit a high-energy ultraviolet photon to be combined with a gaseous molecule obtained by vaporizing the sample solution, thus achieving a photoionization process (claim 7).
However, Huang fails to teach a metal electrode, inserted into the nano-tip to contact with the sample solution directly, thus providing a high-voltage electric field for the nano-electrospray.
Van Berkel teaches a nano-electrospray ion source (abstract) comprising a borosilicate glass capillary with a platinum electrode inserted therein. Section: Off-line Optical Monitoring of the Nano-ES Emitters, para 1; Fig. 1. It would have been obvious to one of ordinary skill in the art before the effective time of filing to replace the generic nano-electrospray tip of Huang with the wire in capillary geometry taught by Van Berkel since such an arrangement proves more robust and reliable, per Van Berkel pg 853, column 2.
Regarding Claim 6:
The above modified invention teaches the nano-liter photoionization mass spectrometry ion source device according to claim 1, wherein the nano-tip is made of a borosilicate glass. Van Berkel Section: Off-line Optical Monitoring of the Nano-ES Emitters, para 1.
Regarding Claim 7:
The above modified invention teaches the nano-liter photoionization mass spectrometry ion source device according to claim 1, wherein the metal electrode is an inert metal material. Van Berkel Section: Off-line Optical Monitoring of the Nano-ES Emitters, para 1 - Platinum.
Regarding Claim 8:
The above modified invention teaches the nano-liter photoionization mass spectrometry ion source device according to claim 7, wherein the inert metal material is a platinum wire. Van Berkel Section: Off-line Optical Monitoring of the Nano-ES Emitters, para 1 - Platinum.
Claims 2-5 rejected under 35 U.S.C. 103 as being unpatentable over CN 115910744 A [Huang], the translation of which is attached, in view of Van Berkel, Gary J., Keiji G. Asano, and Paul D. Schnier. "Electrochemical processes in a wire-in-a-capillary bulk-loaded, nano-electrospray emitter." Journal of the American Society for Mass Spectrometry 12.7 (2001): 853-862 [hereinafter Van Berkel] as applied to claim 1, and further in view of US 6,653,626 B2 [Fischer].
Regarding Claim 2:
The above modified invention teaches the nano-liter photoionization mass spectrometry ion source device according to claim 1, but fails to teach that device further comprises a square chamber, wherein an end portion of the nano-tip and the UV lamp are located inside the square chamber, and the square chamber is filled with an inert shielding gas to reduce an effect of oxygen from the air on photoionization.
Fischer teaches a photoionization source (abstract) wherein the sample emission structure (Fig. 7 (310)) and the UV lamp (Fig. 7 (350)) are placed in a square chamber (Fig. 7 (12)), and the square chamber is filled with an inert shielding gas to reduce an effect of oxygen from the air on photoionization (13:30-47). It would have been obvious to one of ordinary skill in the art before the effective time of filing to incorporate the above noted box and nitrogen gas of Fischer into the modified invention. One would have been motivated to do so in order to contain noxious vapors and improve the effectiveness of the UV lamp. Fischer 6:8-15, 13:30-47.
Regarding Claim 3:
The above modified invention teaches the nano-liter photoionization mass spectrometry ion source device according to claim 2, wherein the inert shielding gas is nitrogen. Fischer 13:30-47.
Regarding Claim 4:
The above modified invention teaches the nano-liter photoionization mass spectrometry ion source device according to claim 2, wherein a gas inlet and a gas outlet are formed on opposite sides of the square chamber for entry and exhaust of the inert shielding gas, respectively. Fischer – note the inlet (351) is on the opposite side from the outlet (vacuum system associated with 222a).
Regarding Claim 5:
The above modified invention teaches the nano-liter photoionization mass spectrometry ion source device according to claim 4, wherein a dopant inlet is formed on a side of the gas inlet on the square chamber. Fischer demonstrates a solute (301) being introduced on a side of the gas inlet.
Conclusion
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WYATT STOFFA
Primary Examiner
Art Unit 2881
/WYATT A STOFFA/Primary Examiner, Art Unit 2881