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 .
Response to Amendment
Applicant’s amendments, filed 14 July 2026, with respect to the claims have been entered. Claims 1-12 remain pending in the application.
Response to Arguments
Applicant’s arguments with respect to Chernushevich have been considered but are moot because the new ground of rejection does not rely on Chernushevich for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 4-5, and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Stoermer (U.S. Patent Application Publication No. 2013/0026360 A1), hereinafter Stoermer, in view of Park (U.S. Patent Application Publication No. 2004/0149902 A1), hereinafter Park.
Regarding claim 1, Stoermer discloses an ion source apparatus comprising:
an ion guide (FIG. 6), comprising an axial ion guide assembly (FIG. 6, elements 50-53 and 57-60) and a lateral ion guide assembly (FIG. 6, elements 54, 56, 60, and 62), the axial ion guide assembly being a multipole assembly composed of a plurality of segmented multipoles extending axially (paragraph 0035, lines 3-4), and an ion outlet of the lateral ion guide assembly arranged towards a gap between two adjacent segmented multipoles of the plurality of segmented multipoles (FIG. 8 shows the trajectory of ions exiting lateral ion guide assembly components 54, 56 (FIG. 6) towards a gap between segmented multipoles 51, 52), the plurality of segmented multipoles including multiple segmented multipoles extending axially on both axial sides of the gap (FIG. 6 shows multiple segmented multipoles 50, 51, 57, 58 on a first side of the gap and multiple segmented multipoles 52, 53, 59, 60 on the other side of the gap), and electrodes of the lateral ion guide assembly being spaced apart from the multiple segmented multipoles of the axial ion guide assembly (FIG. 8 shows a space between lateral ion guide assembly components 54, 56 (FIG. 6) and axial ion guide assembly components 51, 52);
a power supply, configured to apply RF voltage to at least a portion of the segmented multipoles (paragraph 0035, lines 9-11) to form RF field that confines ions radially within the ion guide (paragraph 0042);
an axial ion source, located at one end of the axial ion guide assembly along the axial direction (FIG. 12, axial ion source 30); and
a lateral ion source (FIG. 12, lateral ion source 36);
wherein the ion source apparatus is configured to linearly transmit ions from the axial ion source along the axial direction through the axial ion guide assembly (paragraph 0041, lines 1-7), and to deflect and transmit ions, which enter the axial ion guide assembly from the lateral ion guide assembly through the gap, along the axial direction (FIG. 8 shows the trajectory of ions exiting lateral ion guide assembly components 54, 56 (FIG. 6) being deflected along the axial direction).
Stoermer fails to disclose the lateral ion source having a target plate and a laser source, the target plate being located on one side of the lateral ion guide assembly away from the axial ion guide assembly, a sample carrier surface of the target plate facing an ion inlet of the lateral ion guide assembly, the laser source emitting laser to the target plate to desorb sample on the sample carrier surface.
However, Park discloses the lateral ion source (FIG. 5A, elements 114, 116) having a target plate (FIG. 5A, element 116) and a laser source (FIG. 5A, element 114), the target plate being located on one side of the lateral ion guide assembly away from the axial ion guide assembly (FIG. 5A: target plate 116 is located on the lower side of the lateral ion guide assembly, spaced apart from the axial ion guide assembly, i.e., multipole rods 132), a sample carrier surface of the target plate facing an ion inlet of the lateral ion guide assembly (FIG. 5A, ion inlet 128), the laser source emitting laser to the target plate to desorb sample on the sample carrier surface (paragraph 0055).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Stoermer to include the lateral ion source having a target plate and a laser source, the target plate being located on one side of the lateral ion guide assembly away from the axial ion guide assembly, a sample carrier surface of the target plate facing an ion inlet of the lateral ion guide assembly, the laser source emitting laser to the target plate to desorb sample on the sample carrier surface, based on the teachings of Park that this type of ion source advantageously enables analysis of samples with high molecular weights (Park, paragraph 0006).
Regarding claim 4, Stoermer in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Stoermer discloses that the power supply also applies DC voltage to the segmented multipoles to form DC electric field driving ions along the axial direction through the axial ion guide assembly (paragraph 0035, lines 9-14).
Regarding claim 5, Stoermer in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Park discloses that the axial ion guide assembly comprises a vacuum interface docking with the axial ion source (paragraph 0061, lines 1-5), and air pressure on a side of the vacuum interface where the axial ion source is located is higher than air pressure on a side of the vacuum interface where the axial ion guide assembly is located (paragraph 0061: the ion source is an API, i.e., an Atmospheric Pressure Ionization source, and the first pumping stage 145 is at a pressure lower than atmospheric pressure).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Stoermer in view of Park to include that the axial ion guide assembly comprises a vacuum interface docking with the axial ion source, and air pressure on a side of the vacuum interface where the axial ion source is located is higher than air pressure on a side of the vacuum interface where the axial ion guide assembly is located, based on the additional teachings of Park that this enables the removal of undesirable neutral gas particles (Park, paragraph 0061).
Regarding claim 7, Stoermer in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Stoermer discloses that the multipole assembly is a quadrupole assembly (paragraph 0035).
Regarding claim 8, Stoermer in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Stoermer discloses that the axial ion source is an electrospray ion source (paragraph 0059, lines 1-3).
In addition, Park discloses that the lateral ion source is a matrix assisted laser desorption ionization source (paragraph 0025).
The disclosure of Park demonstrates that the function of matrix assisted laser desorption ionization sources is known in the art of ion guides. Park also shows that substituting a matrix assisted laser desorption ionization source for another ionization source in an ion guide system yields the predictable result of producing ions which can be transmitted to the ion guide from subsequent analysis (Park, paragraph 0025). “[W]hen a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result.” United States v. Adams, 383 U.S. 39 (1966). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Stoermer in view of Park to include that the lateral ion source is a matrix assisted laser desorption ionization source because it is not inventive to substitute one known element for another which yields predictable results to one of ordinary skill in the art. See MPEP 2143 I (B).
Regarding claim 9, Stoermer in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Stoermer discloses that the working pressure of the ion guide is 10-1000 Pa (paragraph 0057).
Regarding claim 10, Stoermer in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Stoermer discloses a mass spectrometer (paragraph 0002).
Regarding claim 11, Stoermer discloses an ion source apparatus comprising: an ion guide (FIG. 6), comprising:
an axial ion guide assembly (FIG. 6, elements 50-53 and 57-60) and a lateral ion guide assembly (FIG. 6, elements 54, 56, 60, and 62), the axial ion guide assembly being a multipole assembly composed of a plurality of segmented multipoles extending axially (paragraph 0035, lines 3-4), and an ion outlet of the lateral ion guide assembly arranged towards a gap between two adjacent segmented multipoles of the plurality of segmented multipoles (FIG. 8 shows the trajectory of ions exiting lateral ion guide assembly components 54, 56 (FIG. 6) towards a gap between segmented multipoles 51, 52), the plurality of segmented multipoles including multiple segmented multipoles extending axially on both axial sides of the gap (FIG. 6 shows multiple segmented multipoles 50, 51, 57, 58 on a first side of the gap and multiple segmented multipoles 52, 53, 59, 60 on the other side of the gap), and electrodes of the lateral ion guide assembly being spaced apart from the multiple segmented multipoles of the axial ion guide assembly (FIG. 8 shows a space between lateral ion guide assembly components 54, 56 (FIG. 6) and axial ion guide assembly components 51, 52);
a power supply, configured to apply RF voltage to at least a portion of the segmented multipoles (paragraph 0035, lines 9-11) to form RF field that confines ions radially within the ion guide (paragraph 0042); and
an axial ion source, located at one end of the axial ion guide assembly along the axial direction (FIG. 12, axial ion source 30); and a lateral ion source (FIG. 12, lateral ion source 36);
wherein the power supply is further configured to apply a DC voltage to the segmented multipoles to form a DC electric field that drives ions, which enter the axial ion guide assembly from the lateral ion guide assembly, to deflect along the axial direction (paragraph 0035, lines 9-14).
Stoermer fails to disclose the lateral ion source having a target plate and a laser source, the target plate being located on one side of the lateral ion guide assembly away from the axial ion guide assembly, a sample carrier surface of the target plate facing an ion inlet of the lateral ion guide assembly, the laser source emitting laser to the target plate to desorb sample on the sample carrier surface.
However, Park discloses the lateral ion source (FIG. 5A, elements 114, 116) having a target plate (FIG. 5A, element 116) and a laser source (FIG. 5A, element 114), the target plate being located on one side of the lateral ion guide assembly away from the axial ion guide assembly (FIG. 5A: target plate 116 is located on the lower side of the lateral ion guide assembly, spaced apart from the axial ion guide assembly, i.e., multipole rods 132), a sample carrier surface of the target plate facing an ion inlet of the lateral ion guide assembly (FIG. 5A, ion inlet 128), the laser source emitting laser to the target plate to desorb sample on the sample carrier surface (paragraph 0055).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Stoermer to include the lateral ion source having a target plate and a laser source, the target plate being located on one side of the lateral ion guide assembly away from the axial ion guide assembly, a sample carrier surface of the target plate facing an ion inlet of the lateral ion guide assembly, the laser source emitting laser to the target plate to desorb sample on the sample carrier surface, based on the teachings of Park that this type of ion source advantageously enables analysis of samples with high molecular weights (Park, paragraph 0006).
Regarding claim 12, Stoermer discloses an ion source apparatus comprising: an ion guide (FIG. 6), comprising:
an axial ion guide assembly (FIG. 6, elements 50-53 and 57-60) and a lateral ion guide assembly (FIG. 6, elements 54, 56, 60, and 62), the axial ion guide assembly being a multipole assembly composed of a plurality of segmented multipoles extending axially (paragraph 0035, lines 3-4), and an ion outlet of the lateral ion guide assembly arranged towards a gap between two adjacent segmented multipoles of the plurality of segmented multipoles (FIG. 8 shows the trajectory of ions exiting lateral ion guide assembly components 54, 56 (FIG. 6) towards a gap between segmented multipoles 51, 52), the plurality of segmented multipoles including multiple segmented multipoles extending axially on both axial sides of the gap (FIG. 6 shows multiple segmented multipoles 50, 51, 57, 58 on a first side of the gap and multiple segmented multipoles 52, 53, 59, 60 on the other side of the gap), and electrodes of the lateral ion guide assembly being spaced apart from the multiple segmented multipoles of the axial ion guide assembly (FIG. 8 shows a space between lateral ion guide assembly components 54, 56 (FIG. 6) and axial ion guide assembly components 51, 52);
a power supply, configured to apply RF voltage to at least a portion of the segmented multipoles (paragraph 0035, lines 9-11) to form RF field that confines ions radially within the ion guide (paragraph 0042); an axial ion source, located at one end of the axial ion guide assembly along the axial direction (FIG. 12, axial ion source 30); and
a lateral ion source (FIG. 12, lateral ion source 36);
wherein the lateral ion guide assembly is connected to a middle of the axial ion guide assembly (FIG. 6 shows that lateral ion guide assembly 54, 56, 60, and 62 is centered in the axial direction with respect to axial ion guide assembly 50-53 and 57-60) such that a transmission path of the axial ion guide assembly remains a complete straight path (FIG. 6 shows a straight path in the axial direction through axial ion guide 50-53 and 57-60).
Stoermer fails to disclose the lateral ion source having a target plate and a laser source, the target plate being located on one side of the lateral ion guide assembly away from the axial ion guide assembly, a sample carrier surface of the target plate facing an ion inlet of the lateral ion guide assembly, the laser source emitting laser to the target plate to desorb sample on the sample carrier surface.
However, Park discloses the lateral ion source (FIG. 5A, elements 114, 116) having a target plate (FIG. 5A, element 116) and a laser source (FIG. 5A, element 114), the target plate being located on one side of the lateral ion guide assembly away from the axial ion guide assembly (FIG. 5A: target plate 116 is located on the lower side of the lateral ion guide assembly, spaced apart from the axial ion guide assembly, i.e., multipole rods 132), a sample carrier surface of the target plate facing an ion inlet of the lateral ion guide assembly (FIG. 5A, ion inlet 128), the laser source emitting laser to the target plate to desorb sample on the sample carrier surface (paragraph 0055).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Stoermer to include the lateral ion source having a target plate and a laser source, the target plate being located on one side of the lateral ion guide assembly away from the axial ion guide assembly, a sample carrier surface of the target plate facing an ion inlet of the lateral ion guide assembly, the laser source emitting laser to the target plate to desorb sample on the sample carrier surface, based on the teachings of Park that this type of ion source advantageously enables analysis of samples with high molecular weights (Park, paragraph 0006).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Stoermer in view of Park as applied to claim 1 above, and further in view of Izgarian (U.S. Patent No. 7,180,058 B1), hereinafter Izgarian.
Regarding claim 2, Stoermer in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
Stoermer in view of Park fails to disclose that the target plate is a metal target plate or a transparent target plate coated with a transparent conductive layer.
However, Izgarian discloses that the target plate is a metal target plate or a transparent target plate (column 3, line 28) coated with a transparent conductive layer (column 3, lines 22-23).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Stoermer in view of Park to include that the target plate is a metal target plate or a transparent target plate coated with a transparent conductive layer, based on the teachings of Izgarian that the transparent target plate enables positioning of components such that enhanced focusing of a laser to a smaller spot size is achieved (Izgarian, column 1, lines 55-67 and column 5, lines 27-45).
Regarding claim 3, Stoermer in view of Park and Izgarian as applied to claim 2 discloses the ion source apparatus according to claim 2.
In addition, Izgarian discloses that the ion source apparatus further comprises a microscope system (column 5, lines 1-3), an objective lens (FIG. 2, element 132) of the microscope system located on one side of the target plate (FIG. 2: lens 132 is located on the rear side of the target plate 110) away from the multipole assembly (FIG. 2: multipole assembly 140 (column 5, lines 14-15) is located on the front side of target plate 110) and being operable to focus on the target plate (column 4, lines 65-66).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Stoermer in view of Park and Izgarian to include that the ion source apparatus further comprises a microscope system, an objective lens of the microscope system located on one side of the target plate away from the multipole assembly and being operable to focus on the target plate, based on the additional teachings of Izgarian that this arrangement enables enhanced focusing of a laser to a smaller spot size (Izgarian, column 1, lines 55-67 and column 5, lines 27-45).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Stoermer in view of Park as applied to claim 1 above, and further in view of Chernushevich et al. (U.S. Patent Application Publication No. 2007/0057178 A1), hereinafter Chernushevich.
Regarding claim 6, Stoermer in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Stoermer discloses that the segmented multipoles comprise a plurality of multipole segments which is located on both sides of the gap (FIG. 6 shows multiple segmented multipoles 50, 51, 57, 58 on a first side of the gap and multiple segmented multipoles 52, 53, 59, 60 on the other side of the gap) and docked with the lateral ion guide assembly (FIG. 6 shows the segmented multipoles of the axial ion guide in communication with the outlet of lateral ion guide assembly 54, 56, 60, 62).
Stoermer in view of Park fails to disclose a controller, which is configured to control the RF voltage applied by the power supply to the segmented multipoles, and the controller comprises a polarity switching unit configured to switch polarity of the RF voltage applied to at least a portion of the multipole segments.
However, Chernushevich discloses a controller, which is configured to control the RF voltage applied by the power supply to the segmented multipoles (paragraph 0040),
and the controller comprises a polarity switching unit configured to switch polarity of the RF voltage applied to at least a portion of the multipole segments (paragraph 0040).
Features of an apparatus may be recited either structurally or functionally (In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997)), but “apparatus claims cover what a device is, not what a device does” (Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)(emphasis in original)). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim (Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)), i.e., a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the case at hand, Chernushevich teaches the structural limitations of the controller, i.e., a controller which is capable of controlling the magnitude and polarity of the applied RF voltages (Chernushevich, paragraph 0040). Therefore, the limitations of the claim are met.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Stoermer in view of Park to include a controller, which is configured to control the RF voltage applied by the power supply to the segmented multipoles, and the controller comprises a polarity switching unit configured to switch polarity of the RF voltage applied to at least a portion of the multipole segments, based on the teachings of Chernushevich that this ensures quick and efficient movement of ions through the ion guide (Chernushevich, paragraph 0039).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Franzen et al. (U.S. Patent Application Publication No. 2005/0279931 A1), hereinafter Franzen, teaches an axial ion guide assembly and a lateral ion guide assembly, the axial ion guide assembly being a multipole assembly.
Baykut (U.S. Patent No. 6,515,279 B1), hereinafter Baykut, teaches a lateral ion source having a target plate and a laser source.
Wildgoose et al. (U.S. Patent Application Publication No. 2014/0191123 A1), hereinafter Wildgoose, teaches a matrix assisted laser desorption ionization source and an ion guide.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALINA R KALISZEWSKI whose telephone number is (703)756-5581. The examiner can normally be reached Monday - Friday 8:00am - 5:00pm EST.
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/A.K./Examiner, Art Unit 2881
/ROBERT H KIM/Supervisory Patent Examiner, Art Unit 2881
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