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 .
Drawings
The drawings are objected to because power supply 302 is labeled as “RF+DC Bias” in Figure 3 but is described as “RF AC voltage power supply 302” (Published Application, ¶ [0034]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-8 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wells (US 7,629,575 B2) in view of Russ, IV et al. (US 7,633,059 B2).
Regarding claim 1, Wells discloses an apparatus (fig. 4) comprising: an ion source (402) including at least one lens (520; fig. 5), wherein the at least one lens (520) is partitioned by at least one partition into at least two lens partitions (lens 520 is partitioned into separate elements 524 and 526; fig. 6), wherein the at least two lens partitions (524, 526) are connectable to a direct current (DC) bias power supply to bias the at least two lens partitions (lens elements 524 and 526 are connectable to a DC bias power supply to supply the same or opposite polarity bias to lens elements 525 and 526; c. 10, ll. 19-23 and 27-32).
Regarding claim 2, Wells discloses wherein the at least one lens (520) is symmetrically partitioned by the at least one partition into at least two symmetrical lens partitions (lens elements 524 and 526 are symmetrical; fig. 6).
Regarding claim 4, Wells discloses a partitioned lens insulator mounting spacer disposed between the at least one lens (520; fig. 5) and an adjacently disposed further lens (at least a portion of the housing of beam modulator 500 to which lens 520 is mounted must be non-conductive to some degree, and must support lens 520 at some distance from lens 516; fig. 5).
Regarding claims 5-7, Wells discloses wherein the at least two lens partitions (524, 526; fig. 6) include a central opening in the at least one partition (opening between lens elements 524 and 526 through which the ion beam passes; fig. 7); wherein the central opening is circular (at least a portion of the opening between lens elements 524 and 526 has a circular cross-section; fig. 6); wherein the central opening is non-circular (at least a portion of the opening at an outer circumference of lens elements 524 and 526 has a non-circular cross-section; fig. 6).
Regarding claim 8, Wells discloses wherein the at least one lens (520) includes a lowest ion energy compared to at least one other lens (516) of the ion source (voltage potentials provided to lens 520 are controlled to any desired value and polarity to deflect or focus ions of interest; c. 10, ll. 15-32).
Although Wells teaches controlling RF, AC, and DC power supplies to the components of a mass spectroscopy system (c. 7, l. 66 – c. 8, l. 8), Wells is silent on supplying RF AC power to the lens.
Russ, IV et al. teaches an ion source (102) including at least one lens (150; fig. 2A), wherein the lens (150) is connectable to a direct current (DC) bias power supply (118; fig. 1) and a radio frequency alternating current (RF AC) voltage power supply (power supplies 118 supply a combination and level of DC and RF voltages to ion lens 150; c. 6, ll. 44-49).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Wells with the RF AC voltage of Russ, IV et al. to optimize shaping, focusing, and steering the ion stream (Russ, IV et al.; c. 6, ll. 44-49). In applying the RF AC voltage field of Russ, IV et al. to each separate lens elements of Wells, it would have been obvious to one of ordinary skill in the art to try a combination of opposing RF AC voltages that would result in producing a dipolar RF field within the lens as this is one of a finite number of predictable solutions with a reasonable expectation of success.
Regarding claim 3, Wells in view of Russ, IV. et al. discloses the invention as set forth above with regard to claim 1.
Wells is silent on the lens partitioned into two asymmetrical lens partitions.
However, Wells teaches that the lens partitions (524, 526) are used to deflect or focus an ion beam (c. 10, ll. 19-32) and further teaches that the lens partitions may be controlled to deflect the ion beam to be off-axis (figs. 10B-10E).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Wells to provide asymmetrical lens partitions which would allow for a desired amount of deflection of ions (Wells, c. 13, ll. 29-38).
Regarding claim 17, Wells discloses an apparatus (fig. 4) comprising: a source (402) including at least one lens (520), wherein the at least one lens (520) is partitioned by at least one partition into at least two lens partitions (lens 520 is partitioned into separate elements 524 and 526; fig. 6).
Regarding claim 18, Wells discloses wherein the at least two lens partitions (524, 526) are further connectable to a direct current (DC) bias voltage (lens elements 524 and 526 are connectable to a DC bias power supply to supply the same or opposite polarity bias to lens elements 525 and 526; c. 10, ll. 19-23 and 27-32).
Although Wells teaches controlling RF, AC, and DC power supplies to the components of a mass spectroscopy system (c. 7, l. 66 – c. 8, l. 8), Wells is silent on connecting RF AC power to the lens.
Russ, IV et al. teaches a source (102) including at least one lens (150; fig. 2A), wherein the lens (150) is connectable to a radio frequency drive (power supplies 118 supply any combination and level of DC and RF voltages to ion lens 150; c. 6, ll. 44-49).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Wells with the RF drive of Russ, IV et al. to optimize shaping, focusing, and steering the ion stream (Russ, IV et al.; c. 6, ll. 44-49).
Regarding claim 19, Wells discloses the invention as set forth above with regard to claim 17.
Wells is silent on an RF drive including a dipole configuration.
Russ, IV et al. teaches the lens (150) is connectable to a radio frequency drive (power supplies 118 supply any combination and level of DC and RF voltages to ion lens 150; c. 6, ll. 44-49).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Wells with the RF AC voltage of Russ, IV et al. to optimize shaping, focusing, and steering the ion stream (Russ, IV et al.; c. 6, ll. 44-49). In applying the RF AC voltage field of Russ, IV et al. to each separate lens elements of Wells, it would have been obvious to one of ordinary skill in the art to try a combination of opposing RF AC voltages that would result in producing a dipolar RF field within the lens as this is one of a finite number of predictable solutions with a reasonable expectation of success.
Regarding claim 20, Wells discloses the invention as set forth above with regard to claim 17.
Wells is silent adjusting an output voltage of the RF drive as a function of mass-to-charge ratio.
Russ, IV et al. teaches the lens (150) is connectable to the RF drive (c. 6, ll. 44-49) and adjusting the output voltage (power supplies 118 supply any combination and level of DC and RF voltages to ion lens 150; c. 6, ll. 44-49). Russ, IV et al. further teaches adjusting RF and DC voltages of an ion filter (126) as a function of mass-to-charge ratio (m/z) for ions of interest (fig. 3 and c. 4, ll. 20-33).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Wells with the RF voltage adjustment of Russ, IV et al. to improve mass spectrometry analysis by more accurately allowing ions of interest to reach the detector (Russ, IV et al.; c. 1, ll. 38-42). In modifying the apparatus of Wells in view of Russ, IV et al., one of ordinary skill would have known that the RF output voltage supplied to the lens could similarly be adjusted to allow steering of ions of interest toward the detector.
Claim(s) 9-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wells (US 7,629,575 B2) in view of Russ, IV et al. (US 7,633,059 B2) and further, in view of Wang (US 5,942,752).
Regarding claim 9, Wells discloses a method comprising: connecting, for an ion source (402) that includes at least one lens (520; fig. 5) including at least two lens partitions (lens 520 is partitioned into separate elements 524 and 526; fig. 6), the at least two lens partitions to a direct current (DC) bias power supply to bias the at least two lens partitions (lens elements 524 and 526 are connected to a DC bias power supply to supply the same or opposite polarity bias to lens elements 525 and 526; c. 10, ll. 19-23 and 27-32).
Regarding claim 10, Wells discloses wherein the at least one lens (520) is symmetrically partitioned by the at least one partition into at least two symmetrical lens partitions (lens elements 524 and 526 are symmetrical; fig. 6).
Regarding claims 12-14, Wells discloses wherein the at least two lens partitions (524, 526; fig. 6) include a central opening in at least one partition that partitions the at least one lens (520) into the at least two lens partitions (opening between lens elements 524 and 526 through which the ion beam passes partitions lens 520 into lens elements 524 and 526; fig. 7); wherein the central opening is circular (at least a portion of the opening between lens elements 524 and 526 has a circular cross-section; fig. 6); wherein the central opening is non-circular (at least a portion of the opening at an outer circumference of lens elements 524 and 526 has a non-circular cross-section; fig. 6).
Regarding claim 15, Wells discloses wherein the at least one lens (520) includes a lowest ion energy compared to at least one other lens (516) of the ion source (voltage potentials provided to lens 520 are controlled to any desired value and polarity to deflect or focus ions of interest; c. 10, ll. 15-32).
Although Wells teaches controlling RF, AC, and DC power supplies to the components of a mass spectroscopy system (c. 7, l. 66 – c. 8, l. 8), Wells is silent on connecting an RF AC power supply to the lens to produce a dipolar RF field.
Russ, IV et al. teaches an ion source (102) including at least one lens (150; fig. 2A), wherein the lens (150) is connected to a direct current (DC) bias power supply (118; fig. 1) and a radio frequency alternating current (RF AC) voltage power supply (power supplies 118 supply a combination and level of DC and RF voltages to ion lens 150; c. 6, ll. 44-49).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Wells with the RF AC voltage of Russ, IV et al. to optimize shaping, focusing, and steering the ion stream (Russ, IV et al.; c. 6, ll. 44-49). In applying the RF AC voltage field of Russ, IV et al. to each separate lens elements of Wells, it would have been obvious to one of ordinary skill in the art to try a combination of opposing RF AC voltages that would result in producing a dipolar RF field within the lens as this is one of a finite number of predictable solutions with a reasonable expectation of success.
Additionally, Wells is silent on the ion source including a gas chromatography and optimizing the RF frequency to remove carrier gas.
Wang teaches mass spectrometry analysis using gas chromatography (GC-MS; c. 1, ll. 20-23) and optimizing, for an ion source (gas chromatograph 302; fig. 3), an RF frequency to remove carrier gas ions (carrier gas such as helium, hydrogen, nitrogen, neon, argon, or the like; c. 5, ll. 63-65) that are produced by a gas chromatography (GC) carrier gas (radio frequency and amplitude of field 307 is optimized to include or cut off particular ions, such as carrier gas ions; c. 6, ll. 24-27 and ll. 41-45).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Wells with the gas chromatography and RF frequency optimization of Wang to improve sensitivity and detection of ions by using gas chromatography coupled with mass spectrometry (Wang, c. 1, ll. 20-23). Further, it would have been obvious to one of ordinary skill in the art at the time of filing to optimize the RF frequency as taught in Wang for more accurate mass spectrometry analysis by improving selection of particular ions that pass through the ion optics to be detected (Wang, c. 3, ll. 7-15 and c. 4, ll. 26-44). In modifying the apparatus of Wells in view of Wang one of ordinary skill would have known that the RF frequency supplied to the lens could similarly be adjusted to improve steering of ions of interest toward the detector.
Regarding claim 16, Wells in view of Russ, IV et al., and further in view of Wang discloses the invention as set forth above with regard to claim 9.
Wells is silent adjusting an amplitude of the RF AC voltage based on a mass-to-charge ratio for ions of interest and to remove carrier ions. Although Russ, IV et al. teaches adjusting an amplitude of an RF AC voltage based on a mass-to-charge ratio (m/z) value for ions of interest (fig. 3 and c. 4, ll. 20-33), Wells in view of Russ, IV et al. are silent on removing carrier gas ions.
Wang teaches mass spectrometry analysis using gas chromatography (GC-MS; c. 1, ll. 20-23) including adjusting an amplitude of an RF AC voltage based on a mass-to-charge ratio (m/z) value for ions of interest to transmit the ions of interest substantially with no discrimination (RF and DC fields separate ions of interest based on mass to charge ratio; c. 6, ll. 12-16) and to remove carrier ions to a target attenuation ratio (unwanted carrier gas ions diverge from the central z-axis of lens 308 and collide with the electrodes at some desired ratio; c. 6, ll. 6-10).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Wells in view of Russ, IV et al. with the RF amplitude adjustment to remove carrier gas ions as taught in Wang to provide improved sensitivity and detection of ions by using gas chromatography coupled with mass spectrometry (Russ, IV et al.; c. 1, ll. 38-42 and Wang, c. 1, ll. 20-23).
In modifying the apparatus of Wells in view of Wang one of ordinary skill would have known that the RF frequency supplied to the lens could similarly be adjusted to improve steering of ions of interest toward the detector.
Regarding claim 11, Wells in view of Russ IV. et al. and further, in view of Wang, discloses the invention as set forth above with regard to claim 9.
Wells is silent on the lens partitioned into two asymmetrical lens partitions.
However, Wells teaches that the lens partitions (524, 526) are used to deflect or focus an ion beam (c. 10, ll. 19-32) and further teaches that the lens partitions may be controlled to deflect the ion beam to be off-axis (figs. 10B-10E).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Wells to provide asymmetrical lens partitions which would allow for a desired amount of deflection of ions (Wells, c. 13, ll. 29-38).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Erika J. Villaluna whose telephone number is (571)272-8348. The examiner can normally be reached Mon-Fri 9:00 am - 5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie Bloss can be reached at (571) 272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIKA J. VILLALUNA/Primary Examiner, Art Unit 2852