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 .
Applicant's election with traverse of Species 2, claims 1-8 and 14-19 including claim 4 amended to be the same invention as claim 1 of species 1 and added new claims 16-19 which are depending on claim 4 of species 2, in the reply filed on 05/31/2026 is acknowledged. The traversal is on the ground(s) that:
The restriction is improper because the restriction is not appliable to the present application which is a national stage application submitted under 35 U.S.C. 371.
This is not found persuasive because the original claims 1-15 restricted to be three different species, is based on the limitations in claims 1-15, but not based on the international and the national stage, further Applicant does not point out the claims 9-13 which are the same as claims 1-8 and 14-19.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-8 and 14-19 are finally examined on merit.
Applicant is requested to cancel the non-elected claims 9-13.
Objected Informalities
The disclosure is objected to because of the following informalities:
In The Claims
Claim 5, line 11, “connected serves” should be changed to -- connected to serves --.
Claim 15, line 6, “to the second conductor” should be deleted.
Claim 16, line 13, “connected serves” should be changed to -- connected to serves --.
Appropriate correction is required.
Objected drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the deflection conductor is a focusing electrode arranged in the mass spectrometer or a metal tubular shell arranged in a field-free region of the mass spectrometer; applying a first voltage, which is opposite to the ions in electrical polarity, to the deflection conductor; and applying a second voltage, which is identical the ions in electrical polarity, to the deflection conductor as recited in claim 2; applying the first voltage and the second voltage alternately to the deflection conductor for a plurality of cycles, wherein in each of the plurality of cycles, duration of applying the first voltage and duration of applying the second voltage is determined by a molecular weight of the non-target ions that are to be deflected and a molecular weight of the target ions that are not to be deflected as recited in claim 3; the input terminal of the controller is connected to a laser source to output a laser pulse; and the output terminal of the circuit is connected to a deflection conductor, and the input terminal of the circuit is connected to the controller, wherein the controller is configured to control the circuit to output a voltage, which is switched between a first voltage and a second voltage, to the deflection conductor as recited in claim 4; the first conductor plate is grounded; and the second conductor plate is connected to an output terminal of the circuit for selecting ions as recited in claims 5 and 16; the output terminal of the high-voltage pulse circuit is connected to the conductor as recited in claim 14; the first conductor plate is grounded; the first voltage applied to the deflection conductor comprises applying a voltage which is greater than a grounding voltage to the second conductor plate, or applying a voltage which is lower than a grounding voltage to the second conductor plate; and the second voltage applied to the deflection conductor comprises applying a voltage equal to the grounding voltage to the second conductor plate as recited in claim 15; and the voltage outputted by the first voltage source is a grounding voltage, and the second voltage source is a power source that outputs a negative voltage as recited in claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Rejection under First Paragraph
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 3 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
The specification is unclear for reciting the limitation “each of the plurality of cycles, duration of applying the first voltage and duration of applying the second voltage is determined by a molecular weight of the non-target ions that are to be deflected and a molecular weight of the target ions that are not to be deflected” as recited in claim 3. How are the ions deflected or not deflected based on the molecular weight of the ions? Since, the ions are deflected or not deflected based on the polarity of the ions according to the polarity of the voltage applied to the deflection electrodes.
Additional explanations are needed if applicant insists on including this feature in the claim 3 without the insertion of new matter.
Clarification without the introduction of new matter is required.
Rejection under 35 U.S.C. 112, Second Paragraph
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 1-8 and 14-19 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 pre-AIA the applicant regards as the invention.
Claims 1 and 4 are indefinite for reciting the limitations “apply the first voltage to the deflection conductor to generate a deflection electric field at the deflection conductor, wherein the ions are deflected to a trajectory not reaching the detector when flying through the deflection electric field” and “maintain the first voltage applied to the deflection conductor to deflect non-target ions, among the ions, which fly out of the acceleration electric field, in response to detecting that a pulse synchronized with the laser source is outputted”. What is the different between “the ions” and “non-target ions”?
Claim 2 is indefinite for reciting the limitations “the deflection conductor is a focusing electrode” and “applying the second voltage to the deflection conductor comprises applying a voltage, which is identical the ions in electrical polarity, to the deflection conductor”. How is the deflection conductor that is a focusing electrode? Since, the deflection conductor and the focusing electrode have different functions. How are the target ions passing through the deflecting conductor when the second voltage applied to the deflecting conductor is identical the target ions in electrical polarity?
Claim 3 is indefinite for reciting the limitations “in each of the plurality of cycles, duration of applying the first voltage and duration of applying the second voltage is determined by a molecular weight of the non-target ions that are to be deflected and a molecular weight of the target ions that are not to be deflected” as recited in claim 3. How are the ions deflected or not deflected based on the molecular weight of the ions? Since the ions are deflected or not deflected based on the polarity of the ions according to the polarity of the voltage applied to the deflection electrodes.
Claim 5 recites the limitation "the control terminal" in line 15. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the high-voltage pulse circuit according to claim 9" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the output terminal of the high-voltage pulse circuit" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the control terminal" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the transistor in the high-voltage pulse circuit" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the switch controlling signal" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the high-voltage pulse circuit" in lines 14, 15-16. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the control terminal" in line 18. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the switch controlling signal" in lines 6 and 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the switch controlling signal" in lines 6 and 7. There is insufficient antecedent basis for this limitation in the claim.
Rejection under 35 U.S.C. 102(a)(1)
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.
Claims 1-4 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chernushevich (2005/0194531).
Chernushevich (2005/0194531) discloses, in figs. 1-6B, a system and/or method for selecting ions in a mass spectrometer, a controller connected to operate a laser source for producing a laser pulse and a circuit connected to a deflection conductor for selecting ions are considered to be inherent in the Chernushevich (2005/0194531) system and/or method for selecting ions in a mass spectrometer, as Chernushevich (2005/0194531) discloses a solid matrix irradiated with a laser produced from a matrix-assisted laser desorption/ionization (MALDI) for producing ions (see [0005], claims 4, 14), and a variable potential difference applied to a deflector 20 (see [0031], [0048]) and a polarity of a deflector changes from positive, to zero, to negative and back to positive (see [0048]), which includes
Regarding claims 1, 4,
a deflection conductor 20 disposed at a side of an ion-flight path between an acceleration electric field 18 and a detector 22, 24 in the mass spectrometer (see figs. 1, 3, 6A, 6B);
a first voltage applied to the deflection conductor 20 to generate a deflection electric field at the deflection conductor 20, wherein the ions are deflected to a trajectory not reaching a detection region 80 of a detector module 83 when flying through the deflection electric field 72 (see fig. 6A, [0031], [0032], [0033], [0034], [0035], [0048], [0049], [0052]);
the first voltage maintained and applied to the deflection conductor 72 to deflect non-target ions into detection regions 78, 82 of the detector module 83, among the ions, which fly out of the acceleration electric field 18, in response to detecting that a pulse synchronized with the laser source is outputted (the laser irradiating the solid matrix to produce ions) (see figs. 1, 6A, [0031], [0032], [0033], [0034], [0035], [0048], [0049], [0052]);
a second voltage applied to the deflection conductor 72 to stop generating the deflection electric field (see zero deflection state) and enable target ions (a second beam 86), among the ions, to reach a detection region 80 of the detector module 83, in response to the target ions flying out of the acceleration electric field 18 (see figs. 1, 6A, [0031], [0032], [0033], [0034], [0035], [0048], [0049], [0052]); and
the first voltage applied to the deflection conductor 72, in response to all of the target ions (a second beam 86) flying past the deflection conductor 72 (see figs. 1, 6A, [0031], [0032], [0033], [0034], [0035], [0048], [0049], [0052]).
Regarding claim 2, wherein: an accelerator 18, 74 is performed as a focusing electrode arranged in the mass spectrometer or a metal tubular shell arranged in a field-free region of the mass spectrometer;
the first voltage applied to the deflection conductor comprises applying a voltage, which is opposite to the ions in electrical polarity, to the deflection conductor (see figs. 1, 6A, [0031], [0032], [0033], [0034], [0035], [0048], [0049], [0052]); and
the second voltage applied to the deflection conductor comprises applying a voltage, which is identical the ions in electrical polarity, to the deflection conductor (see figs. 1, 6A, [0031], [0032], [0033], [0034], [0035], [0048], [0049], [0052]).
Regarding claim 3, further comprising the first voltage and the second voltage alternately applied to the deflection conductor for a plurality of cycles, wherein in each of the plurality of cycles, duration of applying the first voltage and duration of applying the second voltage is determined by a molecular weight of the non-target ions that are to be deflected and a molecular weight of the target ions that are not to be deflected (see duration in fig. 6A, [0030], [0031], [0032], [0033], [0034], [0035], [0048], [0049], [0052]).
Regarding claim 15, wherein the deflection conductor 20 comprises at least one pair of conductor plates 52, 54 arranged at two sides of the ion-flight path, each of the at least one pair of conductor plates comprises a first conductor plate 52 and a second conductor plate 54, and the first conductor plate is grounded (see [0052]);
wherein applying the first voltage to the deflection conductor comprises:
applying a voltage which is greater than a grounding voltage to the second conductor to the second conductor plate (see [0031], [0032], [0033], [0034], [0035], [0048], [0049], [0052]), or
applying a voltage which is lower than a grounding voltage to the second conductor plate (see [0031], [0032], [0033], [0034], [0035], [0048], [0049], [0052]); and
wherein applying the second voltage to the deflection conductor comprises:
applying a voltage equal to the grounding voltage to the second conductor plate (see [0031], [0032], [0033], [0034], [0035], [0048], [0049], [0052]).
Rejection under 35 U.S.C. 103(a)
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a).
Claim 14 is rejected under 35 U.S.C. 103(a) as being unpatentable over Chernushevich (2005/0194531) in view of “Types of Time Base Generators”.
Chernushevich (2005/0194531) discloses all the features as discussed above except a high-voltage pulse circuit having an output terminal connected to the conductor, and an output terminal of a controller connected to the control terminal of the transistor in the high-voltage pulse circuit; and the controller configured to output a switch controlling signal to the high-voltage pulse circuit and to switch the switch controlling signal between two different levels to enable a pulse signal outputted by the high-voltage pulse circuit to switch between two different voltages as recited in claim 14.
Using the high-voltage pulse circuit to apply a voltage to the conductor, and
the controller to control the transistor in the high-voltage pulse circuit to switch the controlling signal between two different voltage levels to enable a pulse signal outputted by the high-voltage pulse circuit are considered to be obvious variation in design, since it is well known in the art as “Types of Time Base Generators” discloses a controller for controlling a voltage Vi of transistor Q in a high-voltage pulse circuit to switch a controlling signal between two different voltage levels to enable a pulse signal outputted by the high-voltage pulse circuit for applying a voltage to a conductor, thus would have been obvious to one skilled in the art to use the high-voltage pulse circuit to apply a voltage to the conductor, and the controller to control the transistor in the high-voltage pulse circuit to switch the controlling signal between two different voltage levels to enable a pulse signal outputted by the high-voltage pulse circuit in the Chernushevich (2005/0194531) system and/or method for selecting ions in a mass spectrometer.
Claims 5-8 and 16-19 would be allowable if rewritten to overcome objection(s), and the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The Reasons for Allowable Subject Matter
The prior art fails to disclose a system for selecting ions in a mass spectrometer, which includes a first terminal of an RC series circuit connected to an output terminal of a pulse circuit for selecting ions and a second terminal of the RC series circuit is grounded as recited in claim 5; or a first terminal of an RC series circuit connected to an output terminal of a pulse circuit for selecting ions and a second terminal of the RC series circuit connected to a voltage source as recited in claim 16.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Yefchak (6,369,384); Seydoux et al. (2006/0138316); Bowdler et al. (2008/0230688) and Vestal (2010/0193681) disclose a time-of-flight mass spectrometer using an ion selector including deflection plates for deflection unwanted ions and passing wanted ions to a detector.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TUAN NGUYEN whose telephone number is (571)272-2479. The examiner can normally be reached on Monday-Friday 8-6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert H. Kim can be reached on 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/KIET T NGUYEN/Primary Examiner, Art Unit 2881
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