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 26 March 2026, with respect to the specification and the claims have been entered. Therefore, the objections to the drawings and the rejections of claims 3, 5, and 6 under 35 U.S.C. 112(b) have been withdrawn.
Response to Arguments
Applicant’s arguments, see pages 10-12, filed 26 March 2026, with respect to the rejections of the claims under 35 U.S.C. 103 as being unpatentable over Zhang et al. (U.S. Patent Application Publication No. 2019/0056351 A1), hereinafter Zhang, have been considered but are moot because the new ground of rejection does not rely on Zhang.
Applicant’s argument, see page 11, filed 26 March 2026, with respect to claim 11, has been considered but is moot because the new ground of rejection does not rely on Zhang or Park (U.S. Patent Application Publication No. 2004/0149902 A1), hereinafter Park, to teach the application of a DC voltage to segmented multipoles.
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.
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.
Claims 1, 4-8, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Chernushevich et al. (U.S. Patent Application Publication No. 2007/0057178 A1), hereinafter Chernushevich, in view of Park.
Regarding claim 1, Chernushevich discloses an ion source apparatus (paragraph 0038) comprising:
an ion guide (FIG. 3a), comprising an axial ion guide assembly (FIG. 3a, rod sets 204, 208) and a lateral ion guide assembly (FIG. 3a, rod sets 202, 206), the axial ion guide assembly being a multipole assembly (paragraph 0036, lines 1-2) composed of a plurality of segmented multipoles extending axially (FIG. 3a), an ion outlet of the lateral ion guide assembly arranged towards a gap between two adjacent segmented multipoles (FIG. 3a: the outlets of rod sets 202, 206 are arranged towards the gaps between rod sets 204, 208);
a power supply, configured to apply RF voltage to at least a portion of the segmented multipoles to form RF field that confines ions radially within the ion guide (paragraph 0040);
an axial ion source, located at one end of the axial ion guide assembly along the axial direction (paragraph 0038, lines 1-4, ion source 12b connected to the inlet area at one end of rod set 204); and
a lateral ion source (paragraph 0038, lines 1-4, ion source 12a connected to the inlet area at one end of rod set 202);
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 0038; ions are guided from the leftmost end of rod set 204 along the axial direction towards combination area 214), 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 (paragraph 0038: ions are guided from the inlet at the upper end of rod set 202 and deflected at combination area 214 to travel towards the outlet at axial rod set 208).
Chernushevich 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 Chernushevich 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, Chernushevich in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Chernushevich 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 0067, lines 7-10).
Regarding claim 5, Chernushevich 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 Chernushevich 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 6, Chernushevich in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Chernushevich discloses a controller, which is configured to control the RF voltage applied by the power supply to the segmented multipoles (paragraph 0040), the segmented multipoles comprise a plurality of multipole segments which is located on both sides of the gap and docked with the lateral ion guide assembly (FIG. 3a shows axial multipole rod sets 204, 208 on both sides of the gap which is in communication with the ion trajectory entering the gap from the lateral multipole rod sets 202, 206),
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.
Regarding claim 7, Chernushevich in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Chernushevich discloses that the multipole assembly is a quadrupole assembly (paragraph 0036, lines 1-2).
Regarding claim 8, Chernushevich in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Chernushevich discloses that the axial ion source is an electrospray ion source, atmospheric pressure chemical ionization source, a desorption corona beam ion source, a matrix assisted laser desorption ionization source or a combination thereof, and the lateral ion source is a matrix assisted laser desorption ionization source (paragraph 0066).
Regarding claim 10, Chernushevich in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Chernushevich discloses a mass spectrometer, comprising the ion source apparatus (paragraph 0005).
Regarding claim 11, Chernushevich discloses an ion source apparatus (paragraph 0038) comprising: an ion guide (FIG. 3a), comprising:
an axial ion guide assembly (FIG. 3a, rod sets 204, 208) and a lateral ion guide assembly (FIG. 3a, rod sets 202, 206), the axial ion guide assembly being a multipole assembly (paragraph 0036, lines 1-2) composed of a plurality of segmented multipoles extending axially (FIG. 3a), an ion outlet of the lateral ion guide assembly arranged towards a gap between two adjacent segmented multipoles (FIG. 3a: the outlets of rod sets 202, 206 are arranged towards the gaps between rod sets 204, 208);
a power supply, configured to apply RF voltage to at least a portion of the segmented multipoles to form RF field that confines ions radially within the ion guide (paragraph 0040); and
an axial ion source, located at one end of the axial ion guide assembly along the axial direction (paragraph 0038, lines 1-4, ion source 12b connected to the inlet area at one end of rod set 204); and a lateral ion source (paragraph 0038, lines 1-4, ion source 12a connected to the inlet area at one end of rod set 202);
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 (paragraph 0067, lines 7-10), which enter the axial ion guide assembly from the lateral ion guide assembly, to deflect along the axial direction (paragraph 0038: ions are guided from the inlet at the upper end of rod set 202 and deflected at combination area 214 to travel towards the outlet at axial rod set 208).
Chernushevich 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 Chernushevich 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, Chernushevich discloses an ion source apparatus (paragraph 0038) comprising: an ion guide (FIG. 3a), comprising:
an axial ion guide assembly (FIG. 3a, rod sets 204, 208) and a lateral ion guide assembly (FIG. 3a, rod sets 202, 206), the axial ion guide assembly being a multipole assembly (paragraph 0036, lines 1-2) composed of a plurality of segmented multipoles extending axially (FIG. 3a), an ion outlet of the lateral ion guide assembly arranged towards a gap between two adjacent segmented multipoles (FIG. 3a: the outlets of rod sets 202, 206 are arranged towards the gaps between rod sets 204, 208);
a power supply, configured to apply RF voltage to at least a portion of the segmented multipoles to form RF field that confines ions radially within the ion guide (paragraph 0040); an axial ion source, located at one end of the axial ion guide assembly along the axial direction (paragraph 0038, lines 1-4, ion source 12b connected to the inlet area at one end of rod set 204); and
a lateral ion source (paragraph 0038, lines 1-4, ion source 12a connected to the inlet area at one end of rod set 202);
wherein the lateral ion guide assembly is connected to a middle of the axial ion guide assembly (FIG. 3a: lateral ion guide assembly 202 connects to the midpoint of axial ion guide assembly comprising rod sets 204, 208) such that a transmission path of the axial ion guide assembly remains a complete straight path (FIG. 3a shows a complete straight path from the inlet at the leftmost side of element 204 to the outlet at the rightmost side of element 208).
Chernushevich 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 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 Chernushevich 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 Chernushevich 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, Chernushevich in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
Chernushevich 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 Chernushevich 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, Chernushevich 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 Chernushevich 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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chernushevich in view of Park as applied to claim 1 above, as evidenced by Helicon (“The Hutchinson Unabridged Encyclopedia with Atlas and Weather Guide”, Torr. 2018), hereinafter Helicon.
Regarding claim 9, Chernushevich in view of Park as applied to claim 1 discloses the ion source apparatus according to claim 1.
In addition, Chernushevich discloses that the working pressure of the ion guide is 10-1000 Pa (paragraph 0065 discloses a working pressure range from 1 mTorr to 3 Torr; Helicon discloses that 1 torr equals 133.322 Pa; therefore, Chernushevich discloses that a working pressure of the ion guide is (0.001 Torr * 133.322 Pa/Torr) to (3 Torr * 133.322 Pa/Torr), which equals 0.133 Pa to 399.966 Pa).
When a claimed range “overlap[s] or lie[s] inside ranges disclosed by the prior art”, a prima facie case of obviousness exists. See MPEP 2144.05 I; In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). In the case at hand, Chernushevich teaches a range of 0.133 Pa to 399.966 Pa, which overlaps with the claimed range of 10 Pa to 1000 Pa. 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 Chernushevich in view of Park to meet the claimed range of working pressures.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.K./Examiner, Art Unit 2881
/DAVID E SMITH/Examiner, Art Unit 2881
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