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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The references listed in the Information Disclosure Statements filed on 09/28/2023; 05/20/2024; 12/16/2024 have been considered by the examiner (see attached PTO-1449 forms).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claimed invention is directed to an abstract idea without significantly more.
Claim 1 recites a polymer analysis apparatus comprising: a processor configured to process a first mass spectrum of a first polymer, and a second mass spectrum of a second polymer having a non-primary-chain segment which is identical to a non-primary-chain segment of the first polymer, wherein the processor is configured to: calculate at least one mass candidate for the non-primary-chain segment based on a first polymer molecule mass and a first repeating unit mass identified from the first mass spectrum; apply Kendrick Mass Defect (KMN/D) analysis on the at least one mass candidate using the first repeating unit mass, to thereby produce a first KMN/D analysis result; apply KMD analysis on the second mass spectrum using a second repeating unit mass identified from the second mass spectrum, to thereby produce a second KMN/D analysis result; and produce an image for identifying a mass of the non-primary-chain segment or judge the mass of the non-primary-chain segment based on the first KMN/D analysis result and the second KINMD analysis result,
Claim 10 recites a method of analyzing a polymer, the method comprising: calculating, based on a first polymer molecule mass and a first repeating unit mass identified from a first mass spectrum of a first polymer, at least one mass candidate for a non- primary-chain segment of the first polymer; applying Kendrick Mass Defect (KMD) analysis on the at least one mass candidate using the first repeating unit mass, to thereby produce a first KMD analysis result; applying KMD analysis on a second mass spectrum of a second polymer having a non- primary-chain segment which is identical to the non-primary-chain segment of the first polymer, using a second repeating unit mass identified from the second mass spectrum, to thereby produce a second KMD analysis result; and producing an image for identifying a mass of the non-primary-chain segment or judging the mass of the non-primary-chain segment based on the first KMD analysis result and the second KMD analysis result…
Claim 12 recites a non-transitory recording medium storing a program for executing polymer analysis in an information processing device, the program, when executed, causing the information processing device to perform functions to: calculate, based on a first polymer molecule mass and a first repeating unit mass identified from a first mass spectrum of a first polymer, at least one mass candidate for a non-primary- chain segment of the first polymer; apply Kendrick Mass Defect (KMD) analysis on the at least one mass candidate using the first repeating unit mass, to thereby produce a first KMD analysis result; apply KMD analysis on a second mass spectrum of a second polymer having a non- primary-chain segment which is identical to the non-primary-chain segment of the first polymer, using a second repeating unit mass identified from the second mass spectrum, to thereby produce a second KMD analysis result; and produce an image for identifying a mass of the non-primary-chain segment or judge the mass of the non-primary-chain segment based on the first KMD analysis result and the second KMD analysis result…
and thus grouped as Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations.
Claim 1 recites a polymer analysis apparatus comprising: a processor configured to process a first mass spectrum of a first polymer, and a second mass spectrum of a second polymer having a non-primary-chain segment which is identical to a non-primary-chain segment of the first polymer, wherein the processor is configured to: calculate at least one mass candidate for the non-primary-chain segment based on a first polymer molecule mass and a first repeating unit mass identified from the first mass spectrum; apply Kendrick Mass Defect (KMN/D) analysis on the at least one mass candidate using the first repeating unit mass, to thereby produce a first KMN/D analysis result; apply KMD analysis on the second mass spectrum using a second repeating unit mass identified from the second mass spectrum, to thereby produce a second KMN/D analysis result; and produce an image for identifying a mass of the non-primary-chain segment or judge the mass of the non-primary-chain segment based on the first KMN/D analysis result and the second KINMD analysis result,
Claim 10 recites a method of analyzing a polymer, the method comprising: calculating, based on a first polymer molecule mass and a first repeating unit mass identified from a first mass spectrum of a first polymer, at least one mass candidate for a non- primary-chain segment of the first polymer; applying Kendrick Mass Defect (KMD) analysis on the at least one mass candidate using the first repeating unit mass, to thereby produce a first KMD analysis result; applying KMD analysis on a second mass spectrum of a second polymer having a non- primary-chain segment which is identical to the non-primary-chain segment of the first polymer, using a second repeating unit mass identified from the second mass spectrum, to thereby produce a second KMD analysis result; and producing an image for identifying a mass of the non-primary-chain segment or judging the mass of the non-primary-chain segment based on the first KMD analysis result and the second KMD analysis result…
Claim 12 recites a non-transitory recording medium storing a program for executing polymer analysis in an information processing device, the program, when executed, causing the information processing device to perform functions to: calculate, based on a first polymer molecule mass and a first repeating unit mass identified from a first mass spectrum of a first polymer, at least one mass candidate for a non-primary- chain segment of the first polymer; apply Kendrick Mass Defect (KMD) analysis on the at least one mass candidate using the first repeating unit mass, to thereby produce a first KMD analysis result; apply KMD analysis on a second mass spectrum of a second polymer having a non- primary-chain segment which is identical to the non-primary-chain segment of the first polymer, using a second repeating unit mass identified from the second mass spectrum, to thereby produce a second KMD analysis result; and produce an image for identifying a mass of the non-primary-chain segment or judge the mass of the non-primary-chain segment based on the first KMD analysis result and the second KMD analysis result…
and thus grouped as Mental Processes – concepts performed in the human mind (including an observation, evaluation, judgement, opinion).
These judicial exceptions are not integrated into a practical application because the additional elements, the additional elements (claims 1 and 12) “a processor” and “information processing device” are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions amount to no more than using a computer as a tool to perform an abstract idea. All of which are considered not indicative of integration into a practical application (see “Federal Register / Vol. 84, No. 4/ Monday, January 7, 2019 / Notices” – page 55, second column).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of the processing system are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea and deemed insufficient to qualify as “significantly more” see MPEP 2106.05(f).
Dependent claims 2-9 and 11 when analyzed as a whole are patent ineligible under 35 U.S.C. §101 because the dependent claims fail to establish that the claims are not directed to an abstract idea as they are directed mathematical concepts and/or mental processes and do not add significantly more to the abstract idea.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Satoh [US 2022/0122825 A1 (as submitted in IDS 09/28/2023)].
Regarding claim 1, Satoh teaches a polymer analysis apparatus comprising:
a processor configured to process a first mass spectrum of a first polymer, and a second mass spectrum of a second polymer having a non-primary-chain segment which is identical to a non-primary-chain segment of the first polymer (Mass analyses of the first polymer sample and the second polymer sample are sequentially performed - 0053) (a first mass spectrum of a first polymer sample is generated based on a first digital detection signal acquired by a mass analysis of the first polymer sample. In addition, a second mass spectrum of a second polymer sample is generated based on a second digital detection signal acquired by a mass analysis of a second polymer sample - 0058), wherein the processor is configured to:
calculate at least one mass candidate for the non-primary-chain segment based on a first polymer molecule mass and a first repeating unit mass identified from the first mass spectrum (via difference calculation device – 0062-0063);
apply Kendrick Mass Defect (KMD) analysis on the at least one mass candidate using the first repeating unit mass, to thereby produce a first KMD analysis result (via KMD plot generator – 0064-0069) (Kendrick Mass Defect Analysis – 0039-0052);
apply KMD analysis on the second mass spectrum using a second repeating unit mass identified from the second mass spectrum, to thereby produce a second KMN/D analysis result (via KMD plot generator – 0064-0069) (Kendrick Mass Defect Analysis – 0039-0052); and
produce an image (image combining function from a display processor and calculator – 0071, 0072) for identifying a mass of the non-primary-chain segment or judge the mass of the non-primary-chain segment based on the first KMD analysis result and the second KMD analysis result (via KMD plot generator – 0064-0069).
Regarding claim 2, Satoh teaches the processor is further configured to: produce a plot representing the second KIN/D analysis result; and produce a reference image representing the first KIN/D analysis result, which is to be added to the plot (via KMD plot generator – 0064-0069, 0071-0073, 0080-0081).
Regarding claim 3, Satoh teaches the plot includes at least one of an NKM-KMD plot having a Nominal Kendrick Mass (NKM) axis and a KMD axis, or an RKM-KMD plot having a Remainder of Kendrick Mass (RKM) axis and the KMD axis (figures 5 and 8 - 0086, 0091-0093).
Regarding claim 4, Satoh teaches the processor is further configured to calculate a plurality of mass candidates for the non- primary-chain segment, and the reference image includes at least one of a first reference image including a plurality of figures representing a plurality of KMDs calculated from the plurality of mass candidates and displayed on the NKM-KMD plot, or a second reference image including a plurality of figures representing a plurality of sets of RKM-KMDs calculated from the plurality of mass candidates and displayed on the RKM-KMD plot (figures 5 and 8 - 0086, 0091-0093).
Regarding claim 5, Satoh teaches the processor is further configured to: calculate a plurality of mass candidates by repeating subtraction of the first repeating unit mass from the first polymer molecule mass (subtracting the mass - 0030) (subtracting the second intensity from the first intensity – 0088).
Regarding claim 6, Satoh teaches the processor is further configured to: determine, when a remaining mass after subtraction belongs in a mass range which is designated, the remaining mass as a mass candidate (subtracting the mass - 0030) (subtracting the second intensity from the first intensity – 0088).
Regarding claim 7, Satoh teaches the processor is further configured to: repeat calculation of a degree of polymerization along with repetition of the subtraction, to thereby create a list in which the plurality of mass candidates and a plurality of degrees of polymerization corresponding thereto are registered (degrees of polymerization – 0029-0031, 0039, 0047, 0051).
Regarding claim 8, Satoh teaches the processor is further configured to: calculate a total ionic strength for each calculated KMD based on the second mass spectrum, to thereby create a graph representing a plurality of total ionic strengths corresponding to a plurality of KMDs (figures 5 and 8 - 0086, 0091-0093).
Regarding claim 9, Satoh teaches one of the first polymer and the second polymer is a polymer before derivatization, and the other of the first polymer and the second polymer is a polymer after derivatization (degrees of polymerization – 0029-0031, 0039, 0047, 0051).
Regarding claim 10, Satoh teaches a method of analyzing a polymer, the method comprising:
calculating, based on a first polymer molecule mass and a first repeating unit mass identified from a first mass spectrum of a first polymer (Mass analyses of the first polymer sample and the second polymer sample are sequentially performed - 0053) (a first mass spectrum of a first polymer sample is generated based on a first digital detection signal acquired by a mass analysis of the first polymer sample. In addition, a second mass spectrum of a second polymer sample is generated based on a second digital detection signal acquired by a mass analysis of a second polymer sample - 0058), at least one mass candidate for a non- primary-chain segment of the first polymer (via difference calculation device – 0062-0063);
applying Kendrick Mass Defect (KMD) analysis on the at least one mass candidate using the first repeating unit mass, to thereby produce a first KMD analysis result (via KMD plot generator – 0064-0069) (Kendrick Mass Defect Analysis – 0039-0052);
applying KMD analysis on a second mass spectrum of a second polymer having a non- primary-chain segment which is identical to the non-primary-chain segment of the first polymer, using a second repeating unit mass identified from the second mass spectrum, to thereby produce a second KMD analysis result (via KMD plot generator – 0064-0069) (Kendrick Mass Defect Analysis – 0039-0052); and
producing an image (image combining function from a display processor and calculator – 0071, 0072) for identifying a mass of the non-primary-chain segment or judging the mass of the non-primary-chain segment based on the first KMD analysis result and the second KMD analysis result (via KMD plot generator – 0064-0069).
Regarding claim 11, Satoh teaches derivatizing one of the first polymer and the second polymer, so as to prepare the other of the first polymer and the second polymer (degrees of polymerization – 0029-0031, 0039, 0047, 0051).
Regarding claim 12, Satoh teaches a non-transitory recording medium storing a program for executing polymer analysis in an information processing device, the program, when executed, causing the information processing device to perform functions to (information processor includes a non-transitory recording medium storing the program - 0038):
calculate, based on a first polymer molecule mass and a first repeating unit mass identified from a first mass spectrum of a first polymer (Mass analyses of the first polymer sample and the second polymer sample are sequentially performed - 0053) (a first mass spectrum of a first polymer sample is generated based on a first digital detection signal acquired by a mass analysis of the first polymer sample. In addition, a second mass spectrum of a second polymer sample is generated based on a second digital detection signal acquired by a mass analysis of a second polymer sample - 0058), at least one mass candidate for a non- primary-chain segment of the first polymer (via difference calculation device – 0062-0063);
apply Kendrick Mass Defect (KMD) analysis on the at least one mass candidate using the first repeating unit mass, to thereby produce a first KMD analysis result (via KMD plot generator – 0064-0069) (Kendrick Mass Defect Analysis – 0039-0052);
apply KMD analysis on a second mass spectrum of a second polymer having a non- primary-chain segment which is identical to the non-primary-chain segment of the first polymer, using a second repeating unit mass identified from the second mass spectrum, to thereby produce a second KMD analysis result (via KMD plot generator – 0064-0069) (Kendrick Mass Defect Analysis – 0039-0052); and
produce an image (image combining function from a display processor and calculator – 0071, 0072) for identifying a mass of the non-primary-chain segment or judging the mass of the non-primary-chain segment based on the first KMD analysis result and the second KMD analysis result (via KMD plot generator – 0064-0069).
Relevant Prior Art / Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Uematsu et al. (US Patent Application Publication 2021/0065849 A1) discloses a mass spectrum processing apparatus and model generation method;
Byer et al. (US Patent Application Publication 2020/0312641 A1) discloses a method of determining mass defect plots with user-defined mass scaling, filtering, and labeling in a mass spectrometer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY GO whose telephone number is (571)270-3340. The examiner can normally be reached on Monday through Friday from 9:00 a.m. to 5:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICKY GO/Primary Examiner, Art Unit 2857