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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/26/24 and 1/7/26 have been considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
First accumulation region in claims 1 and 14.
Second accumulation region in claims 1 and 14.
Separation region in claims 1 and 14.
The above noted regions are nonce phrases having no underlying structure. They are all recited in purely functional terms coupled to functional language by the transitional phrase “configured to”. The corresponding structure is disclosed as the SLIM device at [0063-0066], for example, regions 136, 137, and 138.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation "gating element" in lines 2, 3, and 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "gating element" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "gating element" in lines 2, 3, and 4. There is insufficient antecedent basis for this limitation in the claim.
With respect to the gating element above, the term is used in as part of the functional description of an ion path as part of the functional description of the second accumulation region in the apparatus of claim 1, but the “gating element” is not positively recited.
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 (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 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.
Claim(s) 1-9 and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by the admitted prior art of the Applicant at [005-0068] including US Patent Application Publication 2021/0364467.
Applicant notes at [0063] that the apparatus including the elements of claims 1-9 and 12-13 is constructed and operated in accord with the apparatus of the noted prior art at [0063]. None of the elements claimed in claims 1-9 and 12-13 are not contained in the admitted prior art, and the Applicant notes explicitly that the disclosure of these references contain a device suitable for use as the instant apparatus. The divergence between the prior art and the instant invention begins downstream the second accumulation region with the pre-MS gate electrode, recited in claim 10 for example as a distinct element beyond that which is contained in the admitted prior art. Therefore, the admitted prior art anticipates claims 1-9 and 12-13.
Regarding claim 1, the admitted prior art teaches:
An ion mobility spectrometry (IMS) device, comprising: [0064] of the instant application
at least one surface; [0064] 114a
a first plurality of electrodes disposed on the at least one surface, the first plurality of electrodes configured to receive a first voltage signal and generate at least a portion of a first pseudopotential that inhibits ions from approaching the at least one surface; [0065] 140, [0063] Items 116, 118a-f, 120a-e, 122a-h.
a second plurality of electrodes disposed on the at least one surface, the second plurality of electrodes configured to receive a second voltage signal and generate a drive potential; [0065] 140, [0063] Items 116, 118a-f, 120a-e, 122a-h.
and an ion path adjacent the at least one surface and extending between an inlet and an outlet, the ion path including: [0064] Item 130
a first accumulation region configured to switch between a first accumulation state and a first release state, the first accumulation region accumulating ions when in the accumulation state and permitting ions to pass therethrough when in the release state, the first accumulation region being synchronized with a mass filter downstream of the IMS device, Item 136
a separation region positioned downstream of the first accumulation region and configured to temporally separate ions based on mobility, Item 137
and a second accumulation region downstream of the separation region and configured to receive the temporally separated ions from the separation region and switch between a second accumulation state and a second release state, the second accumulation region accumulating ions when in the accumulation state and permitting ions to pass therethrough when in the release state, the state of the second accumulation region being dependent upon the state of a gating element positioned downstream of the IMS device and configured to control the flow of ions to a mass analyzer, Item 138
Regarding claims 2-7 and 9, the claims do not recite a further structural feature and describe the manner the apparatus is to be operated. In view of MPEP 2114 and the Applicants own comment in the written description that the admitted prior art is a suitable structure for the instant invention, the manner of operation recited in claims 2-7 does not patentably distinguish the claims over the structure required by claim 1.
Regarding claim 8, the admitted prior art additional discloses a mass filter downstream the SLIM filter Item 106 in the admitted prior art.
Regarding claim 12, the admitted prior art additionally discloses a controller 108.
Regarding claim 13, the claim recites that the IMS device has a duty cycle of 100%. Since there are no structural dissimilarities with the admitted prior art, the structure of the prior art IMS with the SLIM component may have a duty cycle of 100%. Even if this were not the case, the manner of operating a structurally identical device does not structurally distinguish it over the prior art, note MPEP § 2114.
Allowable Subject Matter
Claims 10-11 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:
As noted above, the prior art ceases to anticipate or suggest the structure of the apparatus of claim 1 further requiring the pre-MS gate electrode downstream the second accumulation region as recited in claim 10. Claim 11 is indicated as allowable by virtue of its dependency.
Claims 14-25 are allowed.
Regarding claim 14, the prior art fails to teach or fairly suggest a method of accumulating and releasing ions with an IMS device based on a state of a downstream gating element configured to control the flow of ions to a mass analyzer, comprising: introducing ions into the IMS device, the IMS device including: at least one surface, a first plurality of electrodes disposed on the at least one surface, the first plurality of electrodes configured to receive a first voltage signal and generate at least a portion of a first pseudopotential that inhibits ions from approaching the at least one surface; a second plurality of electrodes disposed on the at least one surface, the second plurality of electrodes configured to receive a second voltage signal and generate a drive potential, and an ion path adjacent the at least one surface and extending between an inlet and an outlet, the ion path including: a first accumulation region configured to switch between a first accumulation state and a first release state, a separation region positioned downstream of the first accumulation region and configured to temporally separate ions based on mobility, and a second accumulation region downstream of the separation region and configured to receive the temporally separated ions from the separation region and switch between a second accumulation state and a second release state; guiding the ions along the ion path; accumulating ions in the first accumulation region; releasing the accumulated ions from the first accumulation region into the separation region; synchronizing a mass filter downstream of the IMS device with the first accumulation region; temporally separating the ions based on mobility as they are guided through the separation region; receiving the temporally separated ions at the second accumulation region; receiving, at the IMS device, a signal indicative of the state of the gating element; and causing the second accumulation region to operate in one of the accumulation state and the release state based on the received signal as recited in claim 14.
Claims 15-25 are allowable by virtue of their dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID A VANORE whose telephone number is (571)272-2483. The examiner can normally be reached Monday to Friday 7AM to 6 PM.
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DAVID A. VANORE
Primary Examiner
Art Unit 2881
/DAVID A VANORE/Primary Examiner, Art Unit 2878