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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 1-7, 9-14 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Jarrold et al. (US 2021/0210332) hereinafter known as Jarrold.
With regards to claim 1 and 11, Jarrold discloses a system for charge detection mass spectrometry (CDMS) (FIG. 1; [0030][0031]) and a non-transitory computer-readable medium storing instructions ([0050][0070]; “…if the ion measurement file is identified as a multiple trapping event the processor 52 is operable at step 96 to store the so-identified ion measurement file in the memory 54 (e.g., long term or permanent memory).”) , comprising:
one or more processors ([0050]; “…the processor 50 may be provided in the form of one or more conventional microprocessors or controllers and one or more accompanying memory units having instructions stored therein…”); and
memory storing executable instructions that, when executed by the one or more processors ([0050]; “…the processor 50 may be provided in the form of one or more conventional microprocessors or controllers and one or more accompanying memory units having instructions stored therein…”), cause a computing device ([0054]; “… the processor 56 is implemented in the form of a conventional Windows®-based personal computer (PC)…”) to direct a mass spectrometer to perform a process ([0034]; “The voltage sources V1, V2 are…electrically connected by a number, P, of signal paths to a conventional processor 16 including a memory 18 having instructions stored therein which, when executed by the processor 16, cause the processor 16 to control the voltage sources V1, V2 to produce desired DC output voltages for selectively establishing ion transmission and ion reflection electric fields,…”) ([0053]; “The memory unit 54 further has instructions stored therein which are executable by the processor 52 to analyze ion measurement event data in real time as it is produced by the ELIT 14 to determine ion mass spectral information for a sample under analysis (“real-time analysis process”).”) comprising:
subdividing a mass-to-charge ratio (m/z) range of interest into a plurality of m/z windows [0072][0075][0076];
determining an ion population control parameter for each m/z window, wherein the ion population control parameter for each m/z window regulates a quantity of ions accumulated in an ion store during an accumulation event [0074][0075][0076];
accumulating, in the ion store by one or more accumulation events each corresponding to a distinct m/z window of the plurality of m/z windows [0072][0073], a population of ions derived from a sample [0012][0025] [0076], wherein during each accumulation event ions within an m/z window corresponding to the accumulation event are accumulated in the ion store based on the ion population control parameter for the corresponding m/z window [0074][0075][0076];
transferring the accumulated population of ions to a mass analyzer ([0073][0076]; “The process 80 thus advances from step 102 to step 106.”); and
mass analyzing the population of ions to acquire a CDMS spectrum of the population of ions ([0076]; “…the processor 52 may be operable at step 106 to construct only a mass-to-charge spectrum or a mass spectrum.”).
With regards to claim 2 and 12, Jarrold discloses the system and computer readable medium of claim 1 and 11, wherein the process further comprises adjusting intensity of a peak included in the CDMS spectrum based on the ion population control parameter for the m/z window containing the peak. [0060][0094]
With regards to claim 3 and 13, Jarrold discloses the system and computer readable medium of claim 1 and 11, wherein the subdividing the m/z range of interest into the plurality of m/z windows is performed based on an m/z distribution of ions derived from the sample. [0072][0075][0076]
With regards to claim 4, Jarrold discloses the system of claim 3, wherein the m/z distribution of ions derived from the sample is based on a pre-scan or a characterization analysis of the sample. [0103]; HPLC analysis)
With regards to claim 5, Jarrold discloses the system of claim 3, wherein the m/z distribution of ions derived from the sample is based on one or more previously acquired CDMS mass spectra of one or more populations of ions derived from the sample. ([0053] teaches of continually updating mass spectral information of the sample. This suggests a previously acquired CDMS mass spectra.)
With regards to claim 6, Jarrold discloses the system of claim 3, wherein the subdividing the m/z range of interest into the plurality of m/z windows is performed based on peak intensity of the m/z distribution of ions. [0072]
With regards to claim 7 and 14, Jarrold, discloses the system and computer readable medium of claim 3 and 13, wherein:
the ion population control parameter comprises an accumulation time over which ions are accumulated in the ion store during an accumulation event [0065][0076]; and
the accumulation time for each m/z window is inversely proportional to a summed intensity of peaks of the m/z distribution of ions within the m/z window [0076].
With regards to claim 9 and 16, Jarrold discloses the system and computer readable medium of claim 1 and 11, wherein the one or more accumulation events comprises a plurality of accumulation events corresponding to each m/z window of the plurality of m/z windows. [0072]-[0076]
With regards to claim 10, Jarrold discloses the system of claim 1, wherein the accumulating the population of ions in the ion store is performed during a mass analysis of a prior accumulated population of ions. ([0053] teaches of continually updating mass spectral information of the sample. This suggests a previously acquired CDMS mass spectra.)
With regards to claim 17, Jarrold discloses a system for charge detection mass spectrometry (CDMS) (FIG. 1; [0030][0031]; ), comprising;
an ion store ([0030][0031]; FIG. 1; electrostatic linear ion trap (ELIT) 14; ) that accumulates, by one or more accumulation events, a population of ions derived from a sample [0031];
a mass analyzer ([0079]; analysis section utilizing a regular or LC analysis) that acquires, by CDMS, a mass spectrum of the accumulated population of ions after the accumulated population of ions is transferred to the mass analyzer ([0076][0083]; “…a resulting ion mass spectrum 135 is displayed in the display GUI…”);
a mass filter ([0091]; mass-to-charge filter 182) that selectively transmits ions derived from the sample based on m/z of the ions [0092]; and
a computing device ([0072]; processor 52) configured to perform a process comprising:
subdividing a mass-to-charge ratio (m/z) range of interest into a plurality of m/z windows, wherein each accumulation event of the one or more accumulation events corresponds to a distinct m/z window of the plurality of m/z windows [0072][0073][0074][0075];
determining an ion population control parameter for each m/z window, wherein the ion population control parameter for each m/z window regulates a quantity of ions accumulated in the ion store during a corresponding accumulation event [0073]-[0075]; and
directing accumulation, in the ion store by the one or more accumulation events, of the population of ions derived from the sample, wherein during each accumulation event ions within an m/z window corresponding to the accumulation event are accumulated in the ion store based on the ion population control parameter for the corresponding m/z window [0074]-[0076].
With regards to claim 18, Jarrold discloses the system of claim 17, wherein the directing the accumulation of the population of ions comprises directing the mass filter to selectively transmit, during each accumulation event of the one or more accumulation events, ions within the m/z window corresponding to the accumulation event. [0089][0092]
With regards to claim 19, Jarrold discloses the system of claim 17, wherein:
the mass analyzer comprises an orbital electrostatic ion trap mass analyzer or an electrostatic linear ion trap mass analyzer ([0011]; charge detection mass spectrometer may comprise an electrostatic linear ion trap (ELIT) or orbitrap) and
the ion store comprises a collision cell or a C-trap [0089].
With regards to claim 20, Jarrold discloses the system of claim 17, further comprising:
a liquid chromatography system comprising a column having a stationary phase that separates components included in the sample after the sample is injected into a mobile phase [0103]; and
an ion source that produces the ions from the sample as the components included in the sample elute from the liquid chromatography system [0103].
Allowable Subject Matter
Claims 8 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to claim 8 and 15, Jarrold do not specifically disclose the system and computer readable medium of claim 3 and 13, wherein:
the plurality of m/z windows have substantially a same signal density.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wright (US 2014/0142865)
McGee et al. (US 2019/0004062)
Graichen et al. (US 2016/0005581)
Green et al. (US 2017/0125235)
Senko (US 7,982,181)
Zubarev et al. (US 2022/0260534)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH H MAUPIN whose telephone number is (571)270-1495. The examiner can normally be reached M-F 7:30 - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUGH MAUPIN/ Primary Examiner, Art Unit 2884