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 § 102
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, 4, 5, 10-12, 14 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fischer, et al (U.S. Patent 5,703,360).
Regarding claim 1, Fischer discloses an apparatus for isotope ratio mass spectrometry, the apparatus comprising:
A mass spectrometer (8) comprising a sample input (6); and
A system (2) for delivery of an analyte and a reference substance to the mass spectrometer, the system comprising:
A switchable multi-way valve (12), comprising an analysis sample inlet (unlabeled point where the tube from the liquid separation system connects to the multi-way valve in Fig. 1), a reference sample inlet (unlabeled point where tube 26 connects to the multi-way valve in Fig. 1), and a delivery outlet (unlabeled point where the tube leading to the mass spectrometer connects to the multi-way valve in Fig. 1), wherein the analyte sample inlet is arranged to receive an analyte sample comprising the analyte, the reference sample inlet is arranged to receive a reference sample comprising the reference substance, and the delivery outlet is configured for passage of the analyte sample or the reference sample out of the mutli-way valve to the sample input of the mass spectrometer (Fig. 1);
A first means (28) for regulating a supply of the reference sample to the reference sample inlet; and
A second means (4) for regulating a supply of the analyte sample to the analyte sample inlet;
Wherein the multi-way valve is switchable between a first position and a second position, wherein in the first position, the reference sample inlet is connected to the delivery outlet, for passage of the reference sample through the multi-way valve and to the sample input of the mass spectrometer (Fig. 2); and
In the second position, the analyte sample inlet is connected to the delivery outlet, for passage of the analyte sample through the multi-way valve and to the sample input of the mass spectrometer (Fig. 1).
Regarding claim 4, Fischer discloses wherein the first means comprises a syringe for containing the reference sample and configured to supply the reference sample to the reference sample inlet, and a syringe pump for the reference sample, arranged to cause the reference sample to be expelled from the syringe for containing the reference sample upon operation of the syringe pump for the reference sample (column 2, lines 8-11).
Regarding claim 5, Fischer discloses wherein the syringe for containing the reference sample and the pump for the reference sample are configured to supply the reference sample when the multi-way valve is in the first position (Fig. 2).
Regarding claims 10 and 11, Fischer discloses wherein the system further comprises a programmable controller configured to control the multi-way valve being in either the first position or the second position, as well as to control operation of the first means and the second means (column 10, lines 35-40).
Claims 12, 14, and 15 are drawn to the method of using the system of claims 1, 4 an 5, and the same rejections apply mutatis mutandis.
Allowable Subject Matter
Claims 2-3, 6-9, 13 and 16-19 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: Regarding claims 2, 3 and 13, the prior art fails to teach wherein the mass spectrometer is configured to determine an isotopic ratio of the analyte by comparison of a measurement of the analyte sample with a measurement of the reference sample. U.S. Patent 4,866,270 teaches alternating between measuring an analyte sample and a reference sample repeatedly to obtain more precise isotope ratio measurements, but does not teach obtaining said isotope ratio measurements by comparing the measurement of the analyte sample with a measurement of the reference sample.
Regarding claims 6, 7, 16 and 17, the prior art fails to teach wherein the second means comprises an autosampler configured to deliver an analyte sample supplied from the autosampler to the analyte sample inlet.
Regarding claims 8, 9, 18 and 19, the prior art fails to teach the apparatus of claim 1 wherein the second means comprises a syringe for containing the analyte sample, configured to supply the analyte sample to the analyte sample inlet, and a syringe pump for the analyte sample, arranged to cause analyte sample to be expelled from the syringe for containing the analyte sample upon operation of the syringe pump for the analyte. Fischer’s second means comprises a liquid separation system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P MASKELL whose telephone number is (571)270-3210. The examiner can normally be reached M-F 10A-6P.
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, Robert Kim can be reached at 571-272-2293. 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.
/MICHAEL MASKELL/Primary Examiner, Art Unit 2881 24 January 2026