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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 2, 10 and 13 are objected to because of the following informalities. Appropriate correction is required.
In claim 1, line 2, the phrase “the same plane” should be changed to -- a same plane --.
In claim 10, line 5, the phrase “the same plane” should be changed to -- a same plane --.
In claim 13, line 3, the phrase “the same plane” should be changed to -- a same plane --.
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 1-8 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2020-020588 (Takimoto et al.) [NOTE: U.S. Patent Application Publication 2021/0028002 is family equivalent and will be used for translation].
With regards to claim 1, Takimoto et al. discloses a sample supporting body for ionizing a sample comprising, as illustrated in Figures 1-20, a sample support unit 1A,1B (e.g. sample support body; paragraphs [0062],[0099]; Figures 1,6,8,11) used for ionization of a sample S (e.g. sample; paragraphs [0062],[0077]) comprising a substrate 2 (e.g. substrate; paragraphs [0062],[0077]) including a first surface 2a (e.g. first surface; paragraph [0063]), and a second surface 2b (e.g. second surface; paragraph [0063]) on a side opposite to the first surface, and including a porous structure (e.g. alumina porous film; paragraph [0073]) formed therein and opened to at least the first surface (e.g. observed in Figures 6,11); a frame 6,7 (e.g. the frame is formed by glass substrate 6 and tape 7; paragraphs [0087]-[0089],[0112]; Figure 11) removably attached to the substrate and retaining the substrate such that at least a part of the first surface is exposed; the frame includes a fixing portion 7 (e.g. tape; paragraph [0088],[0112]; Figure 11) positioned outside the substrate when viewed in a direction perpendicular to the first surface, in a state of being attached to the substrate. (See, paragraphs [0062] to [0181]).
With regards to claim 2, Takimoto et al. further discloses the fixing portion 7 includes a surface (e.g. the horizontal portion of the L-shaped element of tape 7 is considered as this surface in Figure 11) positioned on the same plane as that of the first surface (e.g. observed in Figure 11).
With regards to claim 3, Takimoto et al. further discloses the frame 6,7 includes a first member 7 (e.g. tape) disposed on a side of the first surface, and a second member 6 (e.g. glass substrate) disposed on a side of the second surface. (See, as observed in Figure 11).
With regards to claim 4, Takimoto et al. further discloses the fixing portion 7 is formed by an overlapping portion of the first member and the second member. (See, as observed in Figure 11).
With regards to claim 5, Takimoto et al. further discloses the first member 7 is formed in a frame shape (e.g. observed in Figure 8,11; paragraphs [0101],[0104]).
With regards to claim 6, Takimoto et al. further discloses the second member 6 is formed in a plate shape such that the frame covers an entirety of the second surface 2b in a state of being attached to the substrate (e.g. as observed in Figure 11).
With regards to claim 7, Takimoto et al. further discloses the second member is formed in a frame shape (e.g. observed in Figure 8,11; paragraphs [0101],[0104]).
With regards to claim 8, Takimoto et al. further discloses the first member 7 and the second member 6 are formed such that the substrate 2 is interposed between the first member and the second member in a state in which the frame is attached to the substrate (e.g. observed in Figure 11).
With regards to claim 11, Takimoto et al. further discloses the porous structure is formed of a sintered body of glass beads, porous glass, a fiber porous body, anodically oxidized silicon, an anodically oxidized valve metal, porous ceramic, or a porous metal (e.g. anodizing silicon, anodizing valve metal, porous metal; paragraphs [0073],[0147]).
With regards to claim 12, Takimoto et al. further discloses a sample ionization method (e.g. paragraphs [0108]-[0117]) using the sample support unit 1A,1B comprising a supplying step of supplying components of the sample to the first surface (e.g. paragraphs [0110],[0113],[0114],[0115]); a fixing step of fixing the sample support unit by interposing the fixing portion of the frame between clamping portions of a holder 12 (e.g. support portion like a stage of a mass spectrometry device; paragraph [0113]); an ionizing step of ionizing the components of the sample on the first surface after the supplying step and the fixing step (e.g. paragraph [0109]).
With regards to claim 13, Takimoto et al. further discloses in the fixing step, the sample support unit is fixed such that a surface (e.g. the horizontal portion of the L-shaped element of tape 7 is considered as this surface in Figure 11) of the holder and the first surface are positioned on the same plane (e.g. observed in Figure 11).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2020-020588 (Takimoto et al.) in view of JP 2021-124344 (Tashiro et al.) [NOTE: U.S. Patent Application Publication 2023/0095349 ss family equivalent and will be used for translation].
With regards to claim 10, Takimoto et al. does not disclose the frame is formed with a calibration region used for mass calibration such that the calibration region is visually identifiable from a region adjacent to the calibration region where a surface of the calibration region is positioned on the same plane as that of the first surface.
Tashiro et al. discloses a specimen carrier system comprising, as illustrated in Figure 1-10, a sample support unit 1A (e.g. sample support body; paragraph [0035]; Figures 1,8) used for ionization of a sample S (e.g. sample like biological sample; paragraphs [0035],[0070]) comprising a substrate 2 (e.g. substrate; paragraph [0035]) including a first surface 2a (e.g. first surface; paragraph [0036]), and a second surface 2b (e.g. second surface; paragraph [0036]) on a side opposite to the first surface, and including a porous structure (e.g. alumina porous film; paragraph [0039]) formed therein and opened to at least the first surface (e.g. observed in Figures 1-2,8); a frame 8,4 (e.g. the frame is formed by glass substrate 8 and conductive tape 4; paragraph [0050]; Figure 8) removably attached to the substrate and retaining the substrate such that at least a part of the first surface is exposed; the frame includes a fixing portion 4 (e.g. tape; paragraph [0050],[0051]; Figure 8) positioned outside the substrate when viewed in a direction perpendicular to the first surface; the frame is formed with a calibration region R2 (e.g. calibration region; paragraph [0043]-[0046]; Figure 1) used for mass calibration such that the calibration region is visually identifiable from a region adjacent to the calibration region where a surface of the calibration region is positioned on the same plane as that of the first surface (e.g. paragraph [0043]-[0046]; Figures 1,11). (See, paragraphs [0035] to [0107]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing the frame is formed with a calibration region used for mass calibration such that the calibration region is visually identifiable from a region adjacent to the calibration region where a surface of the calibration region is positioned on the same plane as that of the first surface as suggested by Tashiro et al. to the system of Takimoto et al. to have the ability to correct the mass spectrum before measurement of the measurement sample to obtain an accurate measurement result of the measurement sample. (See, paragraph [0043] of Tashiro et al.).
Allowable Subject Matter
Claim 9 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The references cited, particularly Hafeman, Vestal and St. Cry, are related to sample support unit for ionizing a sample comprising a substrate having a porous substrate and a frame structure connected to the substrate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Helen C Kwok whose telephone number is (571)272-2197. The examiner can normally be reached Monday to Friday, 7:30 to 4:00 EST.
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/HELEN C KWOK/Primary Examiner, Art Unit 2855
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