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 Arguments
Applicant's arguments filed 6/05/2026 have been fully considered but they are not persuasive.
The objection to drawing of record is withdrawn in light of applicant’s amendments.
The indefiniteness rejections of record are withdrawn in light of applicant’s amendments.
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-6, 8-11, 17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7104471B1 [hereinafter Behan].
Regarding Claim 1:
Behan teaches a nebuliser outlet assembly (Figs. 5-10: nozzle unit) comprising:
an inlet end and an outlet end (see annotated Fig. 8 below); and
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a first channel (Fig. 8- conduit 92) arranged between the inlet end and the outlet end, wherein the first channel is configured to receive a liquid capillary (Fig. 8- capillary liquid tube 52);
wherein the nebuliser outlet assembly comprises a first part (Fig. 10-first part 84) and one or more second parts (Fig. 10 - second part 86), wherein the one or more second parts are removably attachable to the first part (Fig. 10 and 5: 16-21: the nozzle unit 82 “having two opposed parts 84, 86 joined by an integral hinge element 88 about which the two parts can be folded together to bring their opposed planar faces 84a,86a together”);
wherein the nebuliser outlet assembly is configured such that the first channel is formed from the first part and the one or more second parts when the one or more second parts are attached to the first part (Figs. 8 and 10; 5:24-27: “conduits 92... divided to be formed by semi-circular grooves in the faces 84a,86a,” that is, the conduit 92 is formed by two semi-circular grooves each located on the first part 84 and second part 86); and
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wherein the first part comprises an open-sided channel (see annotated Fig. 10 above) that corresponds to the first channel, wherein the nebuliser outlet assembly is configured such that when the one or more second parts are removed from the first part, the open-sided channel is exposed (Fig. 10 shows when second part 86 is removed from first part 84, the open-sided channel/semi-circular groove of first part 84 is exposed).
Regarding Claim 2:
Behan teaches the apparatus of claim 1. Behan further teaches the apparatus comprising one or more second channels (Fig. 8 – conduit 90) arranged between the inlet end and the outlet end, wherein the nebuliser outlet assembly is configured such that gas received by the nebuliser outlet assembly can pass to the outlet end via the one or more second channels (5:24-27: conduit 90 supplies air flows to the nozzels).
Regarding Claim 3:
Behan teaches the apparatus of claim 2. Behan further teaches wherein the nebuliser outlet assembly is configured such that when a liquid capillary is received by the first channel, gas provided to the nebuliser outlet assembly can pass via the one or more second channels to the outlet end, and can nebulise liquid emitted by the liquid capillary (Figs. 9-10 and 5: 24-47: when liquid capillary tube 52 is received by liquid conduit 92, air supplied by the air pump passes through air conduit 90 and air nozzle 102 to the outlet region, where the air flow intersects liquid emitted through liquid nozzle 104 from conduit 92 and disperses the liquid into droplets in exit passage 98, thereby nebulizing the liquid).
Regarding Claim 4:
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Behan teaches the apparatus of claim 2. Behan further teaches wherein:
the nebuliser outlet assembly is configured such that the one or more second channels are formed from the first part and the one or more second parts when the one or more second parts are attached to the first part (as shown in Fig. 8 and annotated Fig. 10 above, when first part 84 and second part 86 form an unitary configuration, e.g., by joining the hinge element 88, the second channel 90 is formed by each semi-circular groove placed on the first part and the second part); and/or
the nebuliser outlet assembly is configured such that when the one or more second parts are removed from the first part, at least some of the one or more second channels is exposed (as shown in Fig. 10, when the second part 86 is removed from the first part 84, the semi-circular grooves forming the second channel 90 is exposed).
Regarding Claim 5:
Behan teaches the apparatus of claim 1. Behan further teaches the apparatus comprising one or more components (Fig. 9- hinge element 88) configured to secure the one or more second parts to the first part (5: 17-21: “two opposed parts 84, 86 joined by an integral hinge element 88 about which the two parts can be folded together to bring their opposed planar faces 84a,86a together”).
Regarding Claim 6:
As shown in Fig 3 of the application, outlet aperture 23 is essentially the opening at the downstream end of first channel 24. It is not required to be a separate aperture located downstream from the first channel. Therefore, Behan teaches a similar outlet aperture.
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Behan teaches the apparatus of claim 1. Behan further teaches wherein the nebuliser outlet assembly comprises an outlet aperture (see annotated Fig. 9 above) arranged at the outlet end, and wherein the first channel is aligned with the outlet aperture; and
wherein the nebuliser outlet assembly is configured such that when a liquid capillary is received by the first channel, the capillary is retained relative to the outlet aperture by the first channel (as shown in Figs. 8-9, wherein the first channel (liquid conduit 92) is aligned with the outlet aperture, and wherein capillary tube 52 is received and retained by conduit 92 relative to liquid exit nozzle 104).
Regarding Claim 8:
Behan teaches the apparatus of claim 1. Behan further teaches wherein the nebuliser outlet assembly is configured such that when the one or more second parts are removed from the first part, at least an outlet end of the first channel is exposed (as shown in Figs 9-10, when second part 86 is removed from first part 84, the outlet end 104 of first channel 92 is exposed).
Regarding Claim 9:
Behan teaches the apparatus of claim 1. Behan further teaches wherein the nebuliser outlet assembly is configured such that when a liquid capillary is received by the first channel and when the one or more second parts are removed from the first part, an outlet end of the liquid capillary is exposed (since capillary 52 is retained inside the first channel/conduit 92, when second part 86 is removed from first part 84, the capillary 52 is also exposed).
Regarding Claim 10:
Behan teaches the apparatus of claim 6. Behan further teaches wherein the nebuliser outlet assembly is configured such that when a liquid capillary is received by the first channel and when the one or more second parts are removed from the first part, a distance between an outlet of the liquid capillary and the outlet aperture and/or the outlet end in an axial direction that extends along a length of the nebuliser outlet assembly and/or along a length of the liquid capillary can be determined (see annotated Fig. 9 below, when the second part is removed, the entire first channel/groove is exposed and the distance between the outlet of liquid capillary and outlet aperture can be determined).
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Regarding Claim 11:
Behan teaches a nebuliser comprising:
the nebuliser outlet assembly of claim 1 (as discussed); and
a liquid capillary (capillary 52);
wherein the liquid capillary is retained by the first channel (as discussed).
Regarding Claim 17:
Behan teaches a method of nebulising a liquid, the method comprising using the nebuliser outlet assembly of claim 1 and/or the nebuliser of claim 11 to nebulise a liquid (Behan expressly teaches when liquid capillary tube 52 is received by liquid conduit 92, air supplied by the air pump passes through air conduit 90 and air nozzle 102 to the outlet region, where the air flow intersects liquid emitted through liquid nozzle 104 from conduit 92 and disperses the liquid into droplets in exit passage 98, thereby nebulizing the liquid).
Regarding Claim 19:
Behan teaches a method of assembling a nebuliser outlet assembly that comprises:
a first part and one or more second parts that include an inlet end and an outlet end, and a first channel arranged between the inlet end and the outlet end, wherein the first part comprises an open-sided channel that corresponds to the first channel, and wherein the first channel is configured to receive a capillary (as discussed in claim 1);
the method comprising:
inserting a liquid capillary into the first channel when the one or more second parts are removed from the first part such that the open-sided channel is exposed (inserting capillary 52 into the first channel 92/groove formed on first part 84 when the second part 86 is removed from/not attached to first part 84); and then
attaching the one or more second parts to the first part so as to form the first channel (attach second part 86 to first part 84 using the hinge element 88 to form a unitary configuration so that the first channel 92 is formed on both parts).
Regarding Claim 20:
Behan teaches the method of claim 19. Behan further teaches wherein inserting the liquid capillary into the first channel comprises inserting the liquid capillary into the first channel such that a distance between an outlet of the liquid capillary and an outlet aperture of the nebuliser outlet assembly and/or the outlet end in an axial direction that extends along a length of the nebuliser outlet assembly and/or along a length of the liquid capillary is set to a desired distance (as discussed in claim 10, the distance is adjustable based on the depth the capillary inserted into the first channel).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Behan.
Regarding Claim 7:
Behan teaches the apparatus of claim 6. Although Behan does not expressly teach wherein at least part of the first channel has a cross sectional area that is approximately equal to a cross sectional area of the liquid capillary, it would have been obvious to configure at least the capillary-receiving portion of liquid conduit 92 with a cross-sectional area approximately equal to that of capillary tube 52 so that the capillary is closely fitted and stably retained within the conduit, thereby maintaining its alignment with liquid outlet nozzle 104 and reducing lateral movement or leakage at the connection.
Claims 12, 15-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Behan in view of US 2014/0353495 A1 [hereinafter Inagaki].
Regarding Claim 12:
Behan teaches the apparatus of claim 11. However, Behan does not specially note that wherein the nebuliser is configured such that, when the liquid capillary is installed in the nebuliser outlet assembly, the distance between an outlet end of the capillary and the outlet end of the nebuliser outlet assembly is adjustable. Inagaki teaches wherein the nebuliser is configured such that, when the liquid capillary is installed in the nebuliser outlet, the distance between an outlet end of the capillary and the outlet end of the nebuliser outlet is adjustable (Fig. 3, para. [0065]: “… the position of the capillary tube 12 can be adjusted by means of the fixing tube joint 16; thus, the position of the sample outlet 12a can be adjusted accurately,” thus, the distance between the position of the sample outlet 12a (“outlet end of the capillary”) and the nubuliser outlet 11a is also adjustable).
Inagaki expressly teaches tuning the capillary position relative to the nebulizing outlet to reduce deviations in nebulization efficiency. Therefore, it would have been obvious for an ordinary skilled person in the art, before the effective time of filing, to modify the nozzle unit of Behan to incorporate Inagaki’s adjustable capillary mounting so that the axial position of the capillary outlet relative to the nozzle outlet could be tuned, thereby optimizing nebulization performance and compensating for dimensional or installation variations.
Regarding Claim 15:
Behan teaches the apparatus of claims 1 and 11.
Inagaki teaches an analytical instrument (Fig. 1-mass spectrometer 7) comprising the nebuliser outlet assembly/ nebuliser (Inagaki expressly describes analytical equipment 1 in which nebulizer 3 supplies an aerosolized sample to the downstream plasma and analyzer).
As such, Behan in view of Inagaki teaches an analytical instrument comprising the nebuliser outlet assembly of claim 1, the nebuliser of claim 11, or the ion source of claim 13.
Therefore, it would have been obvious for an ordinary skilled person in the art, before the effective time of filing, to incorporate the nozzle unit of Behan into Inagaki’s analytical equipment as the nebulizer because the nozzle unit performs the same known function of converting a liquid sample into droplets for introduction into the analytical instrument, with predictable results.
Regarding Claim 16:
Behan in view of Inagaki teaches an analytical instrument of claim 15. Inagaki further teaches wherein the analytical instrument comprises a mass and/or ion mobility spectrometer (Fig. 1-mass spectrometer 7).
Regarding Claim 18:
Behan teaches the apparatus of claims 1 and 11.
Inagaki teaches a method of ionisation, the method comprising using the nebuliser outlet assembly and/or the nebuliser and/or the ion source to ionise an analyte (paras [0093-0094]: demonstrates an experimental example of using the described nebulizer to ionise manganese).
As such, Behan in view of Inagaki teaches a method of nebulising a liquid, the method comprising using the nebuliser outlet assembly of claim 1 and/or the nebuliser of claim 11 to nebulise a liquid.
Therefore, it would have been obvious for an ordinary skilled person in the art, before the effective time of filing, to use the nozzle unit of Behan in Inagaki’s ionization method to nebulize the analyte-containing liquid and supply the resulting droplets to the plasma source, where the analyte would be ionized, because this is a conventional and predictable use of a nebulizer in an ICP ionization system.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Behan in view of US 9673032 B1 [hereinafter Schleifer].
Regarding Claim 13:
Behan teaches the apparatus of claims 1 and 11.
Schleifer teaches an ion source (Fig. 1- ion source 342) comprising a nebuliser comprising: a nebuliser outlet assembly (Fig. 1C); and a liquid capillary (Fig. 1C- first conduit 108); wherein the liquid capillary is retained by the first channel (Fig. 1C- passage 158) (14: 10-17: a sample analysis system 300 includes an ion source 342, which includes the sample sprayer 100).
As such, Behan in view of Schleifer teaches the nebuliser outlet assembly of claim 1 or the nebulizer of claim 11.
Therefore, it would have been obvious for an ordinary skilled person in the art, before the effective time of filing, to use the nozzle unit of Behan as the sample sprayer in Schleifer’s ion source because both structures are configured to nebulize a liquid sample into droplets for delivery to a downstream region, and such use would predictably provide an aerosolized sample for ionization.
Regarding Claim 14:
Behan in view of Schleifer teaches the ion source of claim 13. Schleifer further teaches wherein the ion source comprises an Electrospray Ionisation (ESI) ion source, a Desorption Electrospray Ionisation (DESI) ion source, a Desorption Electro-Flow Focusing Ionisation (DEFFI) ion source, an impactor ion source, or an Atmospheric Pressure Chemical Ionisation (APCI) ion source (14:49-59: the sample analysis system includes an API source, e.g., an ESI or APCI source).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JING WANG whose telephone number is (571)272-2504. The examiner can normally be reached M-F 7:30-17:00.
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.
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/JING WANG/Examiner, Art Unit 2881 /MICHAEL J LOGIE/ Primary Examiner, Art Unit 2881
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