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 .
Drawings
The drawings are objected to because of the following:
FIGs. 2-3 and 6-7: the rightmost edge of heated gas pipe 54 appears to be mis-labeled as element 52, based on the instant specification at page 9, lines 10-11 (“heated gas pipe 54 arranged to surround nebulizer gas pipe 52”).
Figure 6 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Nishiguchi (U.S. Patent Application Publication No. 2019/0252178 A1), hereinafter Nishiguchi, in view of Park (U.S. Patent Application Publication No. 2011/0121170 A1), hereinafter Park.
Regarding claim 1, Nishiguchi discloses a mass spectrometer that generates ions by an atmospheric pressure ionization method (paragraph 0014) and separates and detects generated ions in accordance with a mass-to-charge ratio (paragraph 0029), the mass spectrometer comprising:
an ion source including a probe (FIG. 1, element 5) that sprays a liquid sample (FIG. 1) into an ionization chamber (FIG. 1, element 1) which is in an atmospheric-pressure atmosphere (paragraph 0051, lines 1-2);
an ion introduction portion (FIG. 1, element 9) where ions in a sample droplet sprayed from the probe are introduced from the ionization chamber toward a vacuum chamber (FIG. 1, element 2) in a direction (FIG. 1, horizontal direction) intersecting with a direction of spray of the liquid sample from the probe (FIG. 1, vertical direction);
a reflecting electrode (FIG. 1, element 7) arranged at a position opposed to an introduction port (FIG. 1, element 9a) of the ion introduction portion (FIG. 1, element 9) with a spray flow lying between the introduction port and the reflecting electrode (FIG. 2: the arrows indicating the spray flow are between the introduction port 9a and the reflecting electrode 7);
a first focusing electrode (FIG. 2, element 8) arranged at a position opposed to the reflecting electrode with the spray flow lying between the reflecting electrode and the first focusing electrode (FIG. 2: the arrows indicating the spray flow are between the reflecting electrode 7 and the focusing electrode 8), the first focusing electrode focusing ions reflected or deflected by the reflecting electrode (paragraph 0061); and
a voltage application unit (FIG. 2, elements 22, 23) that applies a voltage to each electrode to form electric field where ions in the spray flow are directed toward the first focusing electrode (paragraphs 0057, 0061).
Nishiguchi fails to disclose a second focusing electrode arranged at a position opposed to the reflecting electrode with the spray flow lying between the reflecting electrode and the second focusing electrode, the second focusing electrode focusing ions focused by the first focusing electrode toward the introduction port; where ions in the spray flow are directed from the first focusing electrode toward the second focusing electrode, and directed from the second focusing electrode toward the introduction port.
However, Park discloses a second focusing electrode (FIG. 4B, element 147) arranged at a position opposed to the reflecting electrode (FIG. 5, element 239) with the spray flow (FIG. 5, element 172) lying between the reflecting electrode (FIG. 5, element 239) and the second focusing electrode (FIGs. 4B, 5: second focusing electrode 147 is part of element 152), the second focusing electrode focusing ions (paragraph 0075) focused by the first focusing electrode (FIG. 4B, element 143) toward the introduction port (FIG. 4B, port in element 155);
where ions in the spray flow are directed from the first focusing electrode toward the second focusing electrode (paragraph 0075), and directed from the second focusing electrode toward the introduction port (paragraph 0089).
Therefore, 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 Nishiguchi to include a second focusing electrode arranged at a position opposed to the reflecting electrode with the spray flow lying between the reflecting electrode and the second focusing electrode, the second focusing electrode focusing ions focused by the first focusing electrode toward the introduction port; where ions in the spray flow are directed from the first focusing electrode toward the second focusing electrode, and directed from the second focusing electrode toward the introduction port, based on the teachings of Park that greater focusing of ions results in greater analysis resolution (Park, paragraph 0072).
Regarding claim 2, Nishiguchi in view of Park as applied to claim 1 discloses the mass spectrometer according to claim 1.
In addition, Nishiguchi discloses that the first focusing electrode defines a first transmission channel (FIG. 2, element 8a).
In addition, Park discloses that the second focusing electrode defines a second transmission channel (FIG. 4B, apertures through electrodes 134-136 forming second focusing electrode 147), and
the first focusing electrode, the second focusing electrode, and the ion introduction portion are arranged such that, when the introduction port is viewed from the reflecting electrode in a plan view, an inner edge of the second transmission channel is located as being flush with or on an inner side of an inner edge of the first transmission channel (paragraph 0054, lines 17-26) and the introduction port is located as being flush with or on an inner side of the inner edge of the second transmission channel (paragraph 0054; FIG. 4B).
Therefore, 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 Nishiguchi in view of Park to include that the second focusing electrode defines a second transmission channel, and the first focusing electrode, the second focusing electrode, and the ion introduction portion are arranged such that, when the introduction port is viewed from the reflecting electrode in a plan view, an inner edge of the second transmission channel is located as being flush with or on an inner side of an inner edge of the first transmission channel and the introduction port is located as being flush with or on an inner side of the inner edge of the second transmission channel, based on the additional teachings of Park that this arrangement prevents gas from being undesirably transmitted past the second focusing electrode (Park, paragraph 0027, lines 13-16).
Regarding claim 3, Nishiguchi in view of Park as applied to claim 1 discloses the mass spectrometer according to claim 1.
In addition, Park discloses that the voltage application unit includes a high frequency voltage application unit that applies a high frequency voltage to the second focusing electrode (paragraph 0069, lines 1-2, RF potential), and
the high frequency voltage application unit applies the high frequency voltage to the second focusing electrode to form high frequency electric field (paragraph 0070) that focuses ions focused by the first focusing electrode from the second focusing electrode toward a center of the introduction port (paragraphs 0073, 0075).
Therefore, 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 Nishiguchi in view of Park to include that the voltage application unit includes a high frequency voltage application unit that applies a high frequency voltage to the second focusing electrode, and the high frequency voltage application unit applies the high frequency voltage to the second focusing electrode to form high frequency electric field that focuses ions focused by the first focusing electrode from the second focusing electrode toward a center of the introduction port, based on the additional teachings of Park that greater focusing of ions resulting from a high frequency electric field results in greater analysis resolution (Park, paragraph 0072).
Regarding claim 4, Nishiguchi in view of Park as applied to claim 3 discloses the mass spectrometer according to claim 3.
In addition, Park discloses that the second focusing electrode (FIG. 4B, element 147) is arranged between the first focusing electrode (FIG. 4B, element 142) and the introduction port of the ion introduction portion (FIG. 4B, port in element 155).
Therefore, 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 Nishiguchi in view of Park to include that the second focusing electrode is arranged between the first focusing electrode and the introduction port of the ion introduction portion, based on the additional teachings of Park that this arrangement provides improved focusing of ions at the introduction port (Park, paragraph 0056), which results in greater analysis resolution (Park, paragraph 0072).
Regarding claim 5, Nishiguchi in view of Park as applied to claim 3 discloses the mass spectrometer according to claim 3.
In addition, Park discloses that the second focusing electrode is an ion funnel type electrode or a multipole ion guide type electrode (paragraph 0027, lines 1-3).
Therefore, 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 Nishiguchi in view of Park to include that the second focusing electrode is an ion funnel type electrode or a multipole ion guide type electrode, based on the additional teachings of Park that the funnel type electrode prevents gas from being undesirably transmitted past the second focusing electrode (Park, paragraph 0027, lines 13-16).
Regarding claim 6, Nishiguchi in view of Park as applied to claim 1 discloses the mass spectrometer according to claim 1.
In addition, Park discloses that the voltage application unit includes a DC voltage application unit that applies a DC voltage to the second focusing electrode (paragraph 0069, lines 1-2).
Therefore, 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 Nishiguchi in view of Park to include that the voltage application unit includes a DC voltage application unit that applies a DC voltage to the second focusing electrode, based on the additional teachings of Park that the DC voltage applied to the second focusing electrode assists in the formation of an axial DC electric field for improved separation of ions according to mobility (Park, paragraphs 0074, 0099).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yasuno (U.S. Patent Application Publication No. 2015/0371839 A1), hereinafter Yasuno, teaches an ion source comprising a first focusing electrode and a second focusing electrode, wherein the second focusing electrode is an ion funnel type electrode and a multipole ion guide type electrode.
Nishiguchi et al. (U.S. Patent Application Publication No. 2017/0148620 A1), hereinafter Nishiguchi (2017), teaches a mass spectrometer that generates ions by an atmospheric pressure ionization method and separates and detects generated ions in accordance with a mass-to-charge ratio, the mass spectrometer comprising: an ion source including a reflecting electrode, a first focusing electrode, and a second focusing electrode.
Nishiguchi (U.S. Patent Application Publication No. 2018/0011057 A1), hereinafter Nishiguchi (2018), teaches a mess spectrometer that generates ions by an atmospheric pressure ionization method and separates and detects generated ions in accordance with a mass-to-charge ratio, the mass spectrometer comprising: an ion source including a probe that sprays a liquid sample into an ionization chamber which is in an atmospheric-pressure atmosphere; an ion introduction portion where ions in a sample droplet sprayed from the probe are introduced from the ionization chamber toward a vacuum chamber in a direction intersecting with a direction of spray of the liquid sample from the probe; a reflecting electrode arranged at a position opposed to an introduction port of the ion introduction portion with a spray flow lying between the introduction port and the reflecting electrode; and a voltage application unit that applies a voltage to the reflecting electrode to form electric field where ions in the spray flow are directed toward the introduction port.
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/A.K./Examiner, Art Unit 2881 /MICHAEL J LOGIE/ Primary Examiner, Art Unit 2881
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