DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant's election with traverse of Group III in the reply filed on 01 June 2026 is acknowledged. The traversal is on the ground(s) that the restriction is improper as the claims relate to a system and method, and that no serious search burden has been established for the apparatus and method claims. This is unpersuasive. It is noted that system is considered as a product. In addition, Groups I/II and Groups III/IV require a search in different classifications. Specifically Group I/II require search in calibration and analyzing method steps classified in H01J49/0009 and H01J49/0027, Groups III/IV require a search in the physical structure of a Time of Flight mass analysis system, classified in H01J49/40. Even though the claims recite similar features, they require different search queries. Searching an additional classification for a separate invention is a serious search burden.
The applicant further amended claim 23 to depend from claim 16, thus the restriction between Groups III and IV is withdrawn.
Claims 1-15, 28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Inventions I and II, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 16-27, 29 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.
6. Regarding claim 16:
The claim recites that “the TOF mass analysis system has an instrument parameter”, but later referencing “the instrument parameter of the TOF mass analyser”. It is unclear whether the instrument parameter belongs to the system as a whole or specifically to the analyzer sub-component.
The claim recites “the plurality of reference calibration curves”, which lacks antecedent basis. Claim 16 recites “determining a reference calibration curve”, but a plurality of reference calibration curves is never introduced. Claims 17-27 and 29 depend on claim 16 and are also rejected as indefinite.
7. Regarding claim 25:
The claim recites “the measurement of the ions”, which lacks antecedent basis. Claims 16 and 23-24 do not recite a measurement of the ions. While claims 16 and 23 introduce measuring the flight times of the calibrant ions, the scope of the measurement recited in claim 25 is unclear.
8. Regarding claim 26:
The claim recites an apparatus and a method of its use in the same claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b). MPEP 2173.05(p) (II); and See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303 (Fed. Cir. 2011). Specifically, the claim recites the step of “the mass to charge range of interest and the instrument parameter are specified by a user.” This limitation is a step because it recites an active step that is performed by the user. This limitation makes the claim indefinite because the step claim language makes it unclear whether infringement occurs when one creates the system that allows for the step, specifically if the controller as recited is configured to receive such instrument parameter, or whether infringement occurs when the step actually occurs.
Claim Rejections - 35 USC § 103
9. 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.
10. 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.
11. Claims 16-17, 19-24, 26-27, 29 are rejected under 35 U.S.C 103 as being unpatentable over Reilly (US 6437325) in view of Sugawara (US 8698072).
12. Regarding claim 16:
Reilly teaches a Time of Flight (TOF) mass analysis system (column 2 lines 1-5 teaches a system for calibrating time-of-flight mass spectra) comprising:
a Time of Flight (TOF) mass analyser (column 3 lines 36-43, fig. 1 teaches a time-of-flight mass spectrometer 100); and
a controller (column 8 lines 51-55 teaches a computer 150 for controlling the operation of TOF mass spectrometer),
wherein the TOF mass analysis system has an instrument parameter which is controlled by the controller (column 10 lines 29-33 teaches various TOF mass spectrometer instrument operating parameters stored in block 170 and managed by computer 150),
wherein the instrument parameter has an effect on the flight time of a calibrant ion (column 10 lines 29-33 teaches that various TOF mass spectrometer instrument operating parameters, together with known mass/charge values, define times-of-flight of a wide range of ions), the controller configured to:
cause the TOF mass analyser to perform a plurality of calibration analyses of calibrant ions (column 8 lines 51-55 teaches that computer 150 can control the operation of a TOF mass spectrometer. column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured), each calibration analysis comprising:
measuring the flight times of the calibrant ions using the TOF mass analyser (column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured); and
determining a reference calibration curve for the TOF mass analyser based on known mass to charge ratios of the calibrant ions and the respective flight times, wherein the reference calibration curve is associated with the instrument parameter of the TOF mass analyser for the respective calibration analysis (column 11 lines 46-61 teaches that calibration block 176 is operable to adjust chosen ones of the instrument operational parameters until the calibration pairs agree with the electrostatic TOF function defined by the instrument operational parameters. The agreement between the TOF function and the instrument operational parameters correspond to the calibration curve associated with the instrument parameter),
Reilly fails to teach that wherein for each of the plurality of calibration analyses, a value of the instrument parameter of the TOF mass analyser is different; and determine a calibration curve for use in a TOF mass analysis performed by the TOF mass analyser, wherein the calibration curve is determined based on the plurality of reference calibration curves and the instrument parameter of the TOF mass analyser to be used in the TOF mass analysis.
However, Sugawara teaches that wherein for each of the plurality of calibration analyses, a value of the instrument parameter is different (column 9 lines 44-49 teaches that a mass scan in a predetermined mass-to-charge ratio range is performed at a plurality of stages of scan speeds, where scan speed is the controlled instrument parament taking a different value for each calibration analysis. Column 8 lines 27-33 teaches that mass deviation values, from one mass calibration table which is a two-dimensional table, is entered in each cell which respectively takes different scan speeds in the row direction and different mass-to-charge ratios in the column direction as parameters. Each row is a distinct calibration curve, corresponding to reference calibration, associated with a specific instrument parameter value, and each such calibration is determined from known m/z values of standard ions measured at that parameter setting); and
determine a calibration curve for use, wherein the calibration curve is determined based on the plurality of reference calibration curves and the instrument parameter (column 10 lines 41-48 teaches that when the scan speed set for the actual analysis does not exactly match a stored calibration entry, a calibration value corresponding to a desired scan speed may be obtained from the calibration values in the mass calibration table using an interpolation procedure. Determining the operative calibration curve based on the full set of stored reference calibrations and the specific instrument parameter value, corresponds to a calibration curve based on the plurality of reference calibration curves and the instrument parameter).
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 Reilly’s TOF calibration system to perform calibration analyses at a plurality of different instrument parameter values, each yielding a distinct reference calibration curve, and to determine the operative calibration curve for each analysis based on that library and the instrument parameter setting to be used, as taught by Sugawara. Sugawara is used for its teaching of performing calibration at multiple instrument parameter values, storing those calibrations indexed by parameter, and selecting the appropriate calibration for each analysis. One of ordinary skill in the art would be motivated to make such modification to allow for obtaining a mass spectrum with high mass precision and high mass resolution by alleviating deviation of the mass-to-charge ratio axis of the mass spectrum (Sugawara column 3 lines 45-51) and for a dynamic calibration based on existing look up table.
13. Regarding claim 17:
The modified invention above teaches a TOF mass analysis system according to claim 16. Reilly further teaches an ion trap configured to store calibrant ions and to inject calibrant ions into the TOF mass analyser (col 9 lines 42-51 teaches an ion collection trap that trap a bulk of ions for subsequent injection),
wherein for each calibration analysis, the controller is configured to cause the ion trap to inject the calibrant ions from the ion trap into the TOF mass analyser (col 9 lines 47-50 teaches that the computer 150 is operable to control the ion trap to trap a bulk of ions for subsequent injection into region 108).
14. Regarding claim 19:
The modified invention above teaches a TOF mass analysis system according to claim 16. Reilly further teaches that wherein the controller is configured to cause the TOF mass analyser to perform plurality of calibration analyses (column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured) comprising: causing the TOF mass analyser to perform a first calibration analysis where the calibrant ions are first calibrant ions having a first set of mass to charge ratios; and causing the TOF mass analyser to perform a second calibration analysis where the calibrant ions are second calibrant ions having a second set of mass to charge ratios different to the first set of mass to charge ratios of the first calibrant ions (column 8 lines 51-55 teaches that computer 150 can control the operation of a TOF mass spectrometer. Column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured. Since computer controls 150 and have previously measured data, it can perform the measurements corresponding to the different calibrant ions).
15. Regarding claim 20:
The modified invention above teaches a TOF mass analysis system according to claim 16. Reilly further teaches that wherein the controller is configured to cause the TOF mass analyser to perform the plurality of calibration analyses comprising (Reilly column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured):
causing the TOF mass analyser to perform a first calibration analysis from which the controller determines a first reference calibration curve (column 11 lines 46-61 teaches that calibration block 176 is operable to adjust chosen ones of the instrument operational parameters until the calibration pairs agree with the electrostatic TOF function defined by the instrument operational parameters), the first reference calibration curve defined between a first mass to charge value and a second mass to charge value (the known ion mass values and associated time-of-flight values as taught by Reilly establishes a mass calibrant range bounded by a first and second mass-to-charge value).
Reilly fails to teach causing the TOF mass analyser to perform a second calibration analysis from which the controller determines a second reference calibration curve, the second reference calibration curve defined between a third mass to charge value and a fourth mass to charge value, wherein the fourth mass to charge value is outside a range defined by the first and second mass to charge values.
Sugawara teaches a mass calibration system that constructs a mass calibration table representing relationships between m/z and mass deviation values across discrete column intervals (fig. 4, column 9 lines 44-49 teaches that a mass scan in a predetermined mass-to-charge ratio range is performed at a plurality of stages of scan speeds, where scan speed is the controlled instrument parament taking a different value for each calibration analysis. Column 8 lines 27-33 teaches that mass deviation values, from one mass calibration table which is a two-dimensional table, is entered in each cell which respectively takes different scan speeds in the row direction and different mass-to-charge ratios in the column direction as parameters. Each row is a distinct calibration curve, corresponding to reference calibration, associated with a specific instrument parameter value, and each such calibration is determined from known m/z values of standard ions measured at that parameter setting). Taking different subranges established in Sugawara corresponds to a third mass to charge value and a fourth mass to charge value, wherein the fourth mass to charge value is outside a range defined by the first and second mass to charge values.
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 Reilly’s global fit for the calibration data to include the technique of breaking the mass-to-charge spectrum down into separate bounding intervals to determine distinct first and second reference calibration for those intervals, as taught by Sugawara. One of ordinary skill in the art would be motivated to make such modification to allow for obtaining a mass spectrum with high mass precision and high mass resolution by alleviating deviation of the mass-to-charge ratio axis of the mass spectrum (Sugawara column 3 lines 45-51) and for a localized calibration and dynamic based on different bounding intervals (Sugawara column 9 lines 44-49, column 8 lines 27-33).
16. Regarding claim 21:
The modified invention above teaches a TOF mass analysis system according to claim 16. Reilly fails to teach that wherein the controller is configured to determine a calibration curve based on the reference calibration curve of the plurality of reference calibration curves having an associated instrument parameter which is closest to the instrument parameter of the TOF mass analyser to be used in the TOF mass analysis.
Sugawara teaches determining a calibration curve based on the reference calibration curve of the plurality of reference calibration curves having an associated instrument parameter (column 10 lines 41-48 teaches that when the scan speed set for the actual analysis does not exactly match a stored calibration entry, a calibration value corresponding to a desired scan speed may be obtained from the calibration values in the mass calibration table using an interpolation procedure. Determining the operative calibration curve based on the full set of stored reference calibrations and the specific instrument parameter value, corresponds to a calibration curve based on the plurality of reference calibration curves and the instrument parameter) which is closest to the instrument parameter (col 11 lines 59-67 teaches using the calibration value corresponding to the minimum scan speed because the calibration value is confirm advance to be the same at the slower scan speeds as at the minimum scan speed. Col 11 lines 41-48 teaches that if a value is not registered in the mass calibration table, an interpolation procedure can be used).
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 Reilly’s TOF calibration system to include Sugawara’s teaching of using interpolation for unregistered instrument parameter value with an algorithm that selects the closest registered data. One of ordinary skill in the art would be motivated to make such modification to allow for obtaining a mass spectrum with high mass precision and high mass resolution by alleviating deviation of the mass-to-charge ratio axis of the mass spectrum (Sugawara column 3 lines 45-51) and to determine appropriate calibration based on known values in a look up table (Sugawara col 11 lines 41-67).
17. Regarding claim 22:
The modified invention above teaches a TOF mass analysis system according to claim 16. Reilly fails to teach that wherein the controller is configured to determine a calibration curve by interpolating between two of the reference calibration curves having associated instrument parameters which bound the instrument parameter to be used in the TOF mass analysis.
Sugawara teaches determining a calibration curve by interpolating between two of the reference calibration curves having associated instrument parameters (column 10 lines 41-48 teaches that when the scan speed set for the actual analysis does not exactly match a stored calibration entry, a calibration value corresponding to a desired scan speed may be obtained from the calibration values in the mass calibration table using an interpolation procedure. Determining the operative calibration curve based on the full set of stored reference calibrations and the specific instrument parameter value, corresponds to a calibration curve based on the plurality of reference calibration curves and the instrument parameters) which bound the instrument parameter to be used (To interpolate a value for an unregistered parameter, one uses data points in the lookup table immediately above and below the unregistered parameter as the bounding parameter).
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 Reilly’s TOF calibration system to include Sugawara’s teaching of using interpolation for unregistered instrument parameter value with an algorithm that selects the closest registered data that bound the unregistered data. One of ordinary skill in the art would be motivated to make such modification to allow for determining appropriate calibration through interpolation based on known values in a look up table (Sugawara col 11 lines 41-67).
18. Regarding claim 23:
The modified invention above teaches a TOF mass analysis system according to claim 16 configured to mass analyse a plurality of ions having a mass to charge ratio range of interest (the mass spectrometer as taught by Reilly is capable of mass analyse a plurality of ions with a mass to charge ratio range of interest), wherein the controller (Reilly column 8 lines 51-55 teaches a computer 150 for controlling the operation of TOF mass spectrometer) is configured to:
cause the TOF mass analyser to measure the flight times of a plurality of ions (column 8 lines 51-55 teaches that computer 150 can control the operation of a TOF mass spectrometer. column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured) having a mass to charge ratio within the mass to charge range of interest (column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured. As the previously measured ions are fundamentally within a mass to charge ratio range, they are within the mass to charge range of interest),
wherein the TOF mass analyser performs the measurement of the flight times (column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured) with an associated instrument parameter of the TOF mass analysis system (column 11 lines 46-61 teaches that calibration block 176 is operable to adjust chosen ones of the instrument operational parameters until the calibration pairs agree with the electrostatic TOF function defined by the instrument operational parameters); and
apply the calibration curve to the measured flight times of the ions in order to determine mass to charge ratios for the ions (column 11 lines 46-61 teaches that calibration block 176 is operable to adjust chosen ones of the instrument operational parameters until the calibration pairs agree with the electrostatic TOF function defined by the instrument operational parameters. Col 15 claim 1 teaches converting times of flight of particles through said instrument to corresponding particle mass values using said revised function).
19. Regarding claim 24:
The modified invention above teaches a TOF mass analysis system according to claim 23. Reilly further teaches an ion trap; wherein the ions to be measured are initially stored in an ion trap connected to the TOF mass analyser (col 9 lines 42-51 teaches an ion collection trap that trap a bulk of ions for subsequent injection), wherein for the measurement of the flight times of the ions (column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured) the controller is configured to cause the ion trap to inject the ions from the ion trap into the TOF mass analyser (col 9 lines 47-50 teaches that the computer 150 is operable to control the ion trap to trap a bulk of ions for subsequent injection into region 108).
21. Regarding claim 26:
The modified invention above teaches a TOF mass analysis system according to claim 23. Reilly further teaches that wherein the mass to charge range of interest and the instrument parameter are specified by a user (column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured. As the previously measured ions are fundamentally within a mass to charge ratio range, they are within the mass to charge range of interest that the user specified. Column 10 lines 29-33 teaches that various TOF mass spectrometer instrument operating parameters, together with known mass/charge values, define times-of-flight of a wide range of ions. When the TOF mass spectrometer is operated under certain instrument parameters, the parameters are selected).
22. Regarding claim 27:
The modified invention above teaches a TOF mass analysis system according to claim 23. Reilly further teaches that wherein the mass to charge range of interest comprises a first subrange (Reilly column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured) having an associated first instrument parameter and wherein the controller (column 8 lines 51-55 teaches a computer 150 for controlling the operation of TOF mass spectrometer) is configured to:
cause the TOF mass analyser to measure the flight times of the ions for the first subrange (the known ion mass values and associated time-of-flight values as taught by Reilly establishes a mass calibrant range bounded by a first and second mass-to-charge value) with the respective first instrument parameter (column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured. Column 11 lines 46-61 teaches that calibration block 176 is operable to adjust chosen ones of the instrument operational parameters until the calibration pairs agree with the electrostatic TOF function defined by the instrument operational parameters), and
to determine a first calibration curve for the first subrange (the agreement between the TOF function and the instrument operational parameters correspond to the calibration curve associated with the instrument parameter);
wherein the controller is configured to apply the first calibration curve to the measured flight times of the ions over the first subrange (column 11 lines 46-61 teaches that calibration block 176 is operable to adjust chosen ones of the instrument operational parameters until the calibration pairs agree with the electrostatic TOF function defined by the instrument operational parameters. Col 15 claim 1 teaches converting times of flight of particles through said instrument to corresponding particle mass values using said revised function).
Reilly fails to teach a second subrange having an associated second instrument parameter, the first and second instrument parameters being different, wherein the controller is configured to: cause the TOF mass analyser to measure the flight times of the ions for the second subranges with the respective first and second instrument parameters; and to determine a second calibration curve for the second subrange, wherein the controller is configured to apply the second calibration curve to the measured flight times of the ions over the second subrange in order to determine mass to charge ratios for the ions.
Sugawara teaches a mass calibration system that constructs a mass calibration table representing relationships m/z and mass deviation values across discrete column intervals corresponding to various instrument parameter values (fig. 4, column 9 lines 44-49 teaches that a mass scan in a predetermined mass-to-charge ratio range is performed at a plurality of stages of scan speeds, where scan speed is the controlled instrument parament taking a different value for each calibration analysis. Column 8 lines 27-33 teaches that mass deviation values, from one mass calibration table which is a two-dimensional table, is entered in each cell which respectively takes different scan speeds in the row direction and different mass-to-charge ratios in the column direction as parameters. Each row is a distinct calibration curve, corresponding to reference calibration, associated with a specific instrument parameter value, and each such calibration is determined from known m/z values of standard ions measured at that parameter setting). Taking different subranges with respect to their individual instrument parameter values, as established in Sugawara, corresponds to a first subrange and a second subrange with the respective first and second instrument parameters.
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 Reilly’s global fit for the calibration data to include the technique of breaking the mass-to-charge spectrum down into separate intervals to determine distinct first and second reference calibration for those intervals with the respective first and second instrument parameter values, as taught by Sugawara. One of ordinary skill in the art would be motivated to make such modification to allow for obtaining a mass spectrum with high mass precision and high mass resolution by alleviating deviation of the mass-to-charge ratio axis of the mass spectrum (Sugawara column 3 lines 45-51) and for a localized calibration and dynamic based on different intervals and their respective instrument parameter values (Sugawara column 9 lines 44-49, column 8 lines 27-33).
23. Regarding claim 29:
The modified invention above teaches a TOF mass analysis system according to claim 16. Reilly further teaches a computer-readable medium having stored thereon a computer program operable (column 8 lines 51-55 teaches a computer 150 for controlling the operation of TOF mass spectrometer) to cause the TOF mass analyser to perform the plurality of calibration analyses of calibrant ions (column 8 lines 51-55 teaches that computer 150 can control the operation of a TOF mass spectrometer. column 10 lines 59-64 teaches that computer 150 includes a calibration information block 172 that includes a number of pairs of known ion mass values and associated time-of-flight values that were previously measured) and
determine the calibration curve for use in the TOF mass analysis (column 11 lines 46-61 teaches that calibration block 176 is operable to adjust chosen ones of the instrument operational parameters until the calibration pairs agree with the electrostatic TOF function defined by the instrument operational parameters. The agreement between the TOF function and the instrument operational parameters correspond to the calibration curve associated with the instrument parameter).
24. Claims 18 and 25 are rejected under 35 U.S.C 103 as being unpatentable over Reilly in view of Sugawara, further in view of Stewart (US 20210272790).
25. Regarding claim 18:
The modified invention above teaches a TOF mass analysis system according to claim 17. Reilly in view of Sugawara fails to teach that wherein the ion trap is configured to apply an RF trapping voltage to store the calibrant ions in the ion trap, and the instrument parameter associated with each reference calibration curve is an amplitude or frequency of the RF trapping voltage.
Stewart teaches that wherein the ion trap is configured to apply an RF trapping voltage to store the calibrant ions in the ion trap ([0109] teaches an RF ion trap used as ion injector may need control of a focusing voltage. Trapping voltages could be changed), and the instrument parameter associated with a reference calibration curve is an amplitude or frequency of the RF trapping voltage ([0099] teaches a dependence of the recorded m/z values is determined for voltage variations in the ion trap 4. During calibration procedures, dependencies of recorded m/z values and peak intensities (on the ion focusing arrangement voltage, injector pressure and/or injector voltage) may be approximated by functions).
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 Reilly in view of Sugawara to include the RF ion trap and voltage variations as part of the process of determining a reference calibration curve, as taught by Stewart. One of ordinary skill in the art would be motivated to make such modifications to radially confine and cool the ions (Stewart [0073]) and to account for the impact of space charge effects and ion cloud expansion as the size and effective temperature of the initial ion cloud in the ion trap vary (Stewart [0109]).
26. Regarding claim 25:
The modified invention above teaches a TOF mass analysis system according to claim 24. Reilly in view of Sugawara fails to teach that wherein the ion trap is configured to apply an RF trapping voltage in order to store the ions in the ion trap, wherein the instrument parameter associated with the measurement of the ions is an amplitude or frequency of the RF trapping voltage.
Stewart teaches that wherein the ion trap is configured to apply an RF trapping voltage in order to store the ions in the ion trap ([0109] teaches an RF ion trap used as ion injector may need control of a focusing voltage. Trapping voltages could be changed),
wherein the instrument parameter associated with the measurement of the ions is an amplitude or frequency of the RF trapping voltage ([0099] teaches that during calibration procedures, dependencies of recorded m/z values and peak intensities (on the ion focusing arrangement voltage, injector pressure and/or injector voltage) may be approximated by functions).
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 Reilly in view of Sugawara to include the RF ion trap and voltage variations as part of the process of determining a reference calibration curve, as taught by Stewart. One of ordinary skill in the art would be motivated to make such modifications to radially confine and cool the ions (Stewart [0073]) and to account for the impact of space charge effects and ion cloud expansion as the size and effective temperature of the initial ion cloud in the ion trap vary (Stewart [0109]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY LI whose telephone number is (571) 272-5043. The examiner can normally be reached 8:30am-4:30pm. 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.
/LARRY LI/
Examiner, Art Unit 2881
/WYATT A STOFFA/Primary Examiner, Art Unit 2881
Prosecution Insights