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 .
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 1-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cox et al. (WO 2021/234644).
Cox et al. (WO 2021/234644) discloses, in figs. 1A-14, a system and/or a computing device for identification of a first sample in a series of sequential samples, which includes
Regarding claims 1, 9, 17,
a well plate 1211 comprising rows of wells (see fig. 12);
a mass spectrometer 1240 configured to sequentially capture a sample from each well of the rows of wells and generate spectral data 600 that includes mass spectrum data for each captured sample 1, 2, … 24 (see figs. 6, 12, [0041], [0045], [0048], [00104]); and
a computing device 1250 coupled to the mass spectrometer 1240 (see fig. 12), the computing device 1250 having an interface, a storage device, and a processor configured to execute instructions stored in a memory of the storage device, and configured to:
receive the spectral data 600 generated by the mass spectrometer 1240 (see figs. 6, 12);
detect rows of spectral data 600 in the spectral data, wherein each row of spectral data corresponds to a row of wells in the well plate (see [00104]); and
generate a spectral data matrix 600 (the matrix 1 x 24) from the detected rows of spectral data such that each row of wells comprises a corresponding row of spectral data in the spectral data matrix (see fig. 6, arrows 630 in fig. 6 showing ejected sample in each well in a well plate, [00104]).
Regarding claims 2, 10, 18, wherein the computing device is further configured to:
store the spectral data to a storage device (see figs. 6, 12, [0050], [0053], [0072], [0074], [0075], [0078], [0079], [00122], [00126], [00142]), and
detect the rows of spectral data from the spectral data stored to the storage device (see [00104]).
Regarding claims 3, 11, 19, wherein the computing device 1250 is configured to store the spectral data matrix to a storage device (see figs. 6, 12, [0050], [0053], [0072], [0074], [0075], [0078], [0079], [00122], [00126], [00142]).
Regarding claims 4, 12, 20, wherein:
the spectral data generated by the mass spectrometer comprises gaps that correspond to transitioning of a sample capture probe of the mass spectrometer between rows of wells.
The gaps that correspond to transitioning of a sample capture probe of the mass spectrometer between rows of wells are considered to be inherent in the Cox et al. (WO 2021/234644) system and/or a computing device, as Cox et al. (WO 2021/234644) discloses “the identifiable pattern may be repeated, for instance at the start of each row of a sample well plate, or to frame the beginning and end of an analysis sequence” in [00104] for identification of a first sample in a series of sequential samples; (see in fig. 6); and
the computing device 1250 is configured to detect rows of spectral data based on the gaps that correspond to transitioning of the sample capture probe between rows of wells (see figs. 6, 12, [00104]).
Regarding claims 5, 13, 21, wherein:
the spectral data generated by the mass spectrometer comprises the periods of reduced ion intensity that correspond to transitioning of a sample capture probe of the mass spectrometer between rows of wells.
The periods (gaps) of reduced ion intensity that correspond to transitioning of a sample capture probe of the mass spectrometer between rows of wells are considered to be inherent in the Cox et al. (WO 2021/234644) system and/or a computing device, as Cox et al. (WO 2021/234644) discloses “the identifiable pattern may be repeated, for instance at the start of each row of a sample well plate, or to frame the beginning and end of an analysis sequence” in [00104] for identification of a first sample in a series of sequential samples (see in fig. 6). Since, the periods or gaps between rows of wells have no wells containing samples, thereby the ion intensity of the sample can’t detect (see the well with a high signal is usually run after wells with lower signals in [00112]).
the computing device 1250 is configured to detect rows of spectral data based on the periods of reduced ion intensity that correspond to transitioning of the sample capture probe between rows of wells (see figs. 6, 12, [00104]).
Regarding claims 6, 14, 22, wherein:
the mass spectrometer 1240 generates the spectral data to include a row marker after each row of spectral data (see [00112], [00139]); and
the computing device 1250 is configured to detect rows of spectral data based on the markers (see fig. 12, [00112], [00139]).
Regarding claims 7, 15, wherein:
the spectral data generated by the mass spectrometer 1240 comprises gaps that correspond to transitioning of a sample capture probe of the mass spectrometer 1240 between wells in a row of wells (see in ejected sample in fig. 6); and
the computing device 1250 is configured to correlate spectral data to a particular well in the rows of wells based on the gaps that correspond to transitioning of the sample capture probe between wells in the row of wells (see fig. 6).
Regarding claims 8, 16, wherein:
the spectral data generated by the mass spectrometer 1240 comprises periods (gaps) of reduced ion intensity that correspond to transitioning of a sample capture probe of the mass spectrometer 1240 between wells in a row of wells (see fig. 6); and
the computing device 1250 is configured to correlate spectral to a particular well in the rows of wells based on the periods (gaps) of reduced ion intensity that correspond to transitioning of the sample capture probe between wells in the row of wells (see fig. 6).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kennington (2019/0369002) discloses a mass spectrometer system for detecting samples in rows of wells of a well plate and generating spectrum for samples in the rows.
Cox et al. (2023/0238232) is corresponding to Cox et al. (WO 2021/234644).
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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