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 .
Claim Rejections - 35 USC § 112
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.
Claims 6 is 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.
Claim 6 attempts to claim a process without setting forth any steps involved in the process. Claim 6 recites an ion “used as a precursor ion” in the method according to claim 5 (dependent upon claim 1). Neither of claims 1 and/or 5 recite a precursor ion and do not describe any process involving a precursor ion. Therefore, and since claim 6 merely recites a use without any active, positive steps delimiting how this use is actually practiced, it is unclear how the precursor ion of claim 6 is to be used. See MPEP 2173.05(q).
Allowable Subject Matter
Claims 1-5 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding independent claim 1; Yamaguchi et al. U.S. PGPUB No. 2006/0169887 discloses a mass spectrometry method (“An inexpensive electrospray mass spectrometer capable of performing measurements consecutively” [Abstract]), the method comprising: preparing a sample solution (“The sample in solution in the capillary is electrostatically sprayed as charged droplets by the action of the electric field” [0004]), ionizing the sample solution to produce an ion (“The novel electrospray mass spectrometer is a single instrument capable of both analysis in the ESI mode and analysis in the cold-spray ionization mode” [0034]), and mass-separating the ions to determine the mass of the ions, wherein in the production of the ions (“The ion source 20 supplies the ions which the spectrometer 30 separates by mass-to-charge ratio” [0033]), the sample solution is sprayed together with an atomizing gas (“a mixture of droplets of the sample and the nebulizing gas is electrostatically sprayed from the front end of the nebulization nozzle” [0035]) at 330°C or lower (“A room-temperature nebulizing gas” [0035]) to produce a droplet, and the produced droplet is brought into contact with a dry gas at 190°C or lower (“A heating-and-drying gas heated to about +100 to 300° C. is admitted into the first desolvation chamber 5 from a gas inlet port 6… The heating-and-drying gas and the radiative heat cooperate to vaporize the solvent molecules in the sample droplets” [0035]). However, Yamaguchi does not disclose that the sample solution contains a fluoroether compound, a fluorine-containing compound, and a solvent. Additionally, although Yamaguchi discloses that, in the ionization process, “the liquid droplets are dried and desolvated” [0035], Yamaguchi does not disclose ionizing the fluoroether compound and the fluorine-containing compound in the sample solution and also removing the solvent to produce an ion of the fluoroether compound and an ion of the fluorine-containing compound.
Nakano U.S. PGPUB No. 2011/0204223 discloses an ionization method wherein “heating and collision provide the effect and function of promoting ionization and removing the solvent” [0014], but does not perform this desolvation on a sample solution contains a fluoroether compound, a fluorine-containing compound, and a solvent. Schleifer et al. U.S. PGPUB No. 2009/0159794 similarly discloses an ionization method wherein “drying gas interacts with the analyte ions in the ionization region to remove any remaining solvent from the aerosol 73 provided from the thermal liquid jetting device 70A” [0024], but also fails to teach removing solvent from a sample solution containing a fluoroether compound, a fluorine-containing compound, and a solvent
Comando U.S. PGPUB No. 2020/0203137 discloses a mass spectrometry method for a fluorine-containing compound (“qualitative and quantitative analysis of 2,3,3,3-tetrafluoro-2-(1,1,2,2,3,3,3-heptafluoropropoxy) propanoic acid in water “ [0002]), the method comprising: preparing a sample solution containing, the fluorine-containing compound and a solvent (“qualitative and quantitative analysis of 2,3,3,3-tetrafluoro-2-(1,1,2,2,3,3,3-heptafluoropropoxy) propanoic acid in water “ [0002]), ionizing the fluorine-containing compound in the sample solution (“the LC/MS/MS includes electrospray ionization (ESI)” [0006]) and also removing the solvent (“an inert drying gas (typically nitrogen) that is used to promote the removal of solvent from aerosol particles in spray ionization” [0048]) to produce an ion of the fluorine-containing compound (“ionization of the GenX-containing eluent by ESI 220” [0202]), wherein in the production of the ions, the sample solution is sprayed together with an gas at 330°C or lower (“a probe gas temperature of approximately 120° C. to approximately 160° C” [Abstract]) to produce a droplet, and the produced droplet is brought into contact with a dry gas at 190°C or lower (“a sheath gas heater setting of approximately 150° C. to approximately 275° C” [Abstract]). However, Comando does not disclose a fluoroether compound, and therefore does not disclose ionizing a fluoroether compound and a fluorine-containing compound in a sample solution and also removing the solvent to produce an ion of the fluoroether compound and an ion of the fluorine-containing compound. Additionally, Comando does not disclose that the probe gas is a nebulizing gas, and Comando does not disclose mass-separating the ions to determine the mass of the ions.
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, a mass spectrometry method for a fluoroether compound and a fluorine-containing compound different from the fluoroether compound, the method comprising: spraying a sample solution containing the fluoroether compound, the fluorine-containing compound and a solvent together with an atomizing gas at 330°C or lower to produce a droplet, and the produced droplet is brought into contact with a dry gas at 190°C or lower; and mass-separating an ion of the fluoroether compound and an ion of the fluorine-containing compound to determine the mass of the ions; wherein the solvent is removed from the sample solution during ionizing the fluoroether compound and the fluorine-containing compound in the sample solution.
Regarding dependent claims 2-5; these claims are allowable at least for their dependence, either directly or indirectly, upon independent claim 1.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST.
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/JASON L MCCORMACK/Examiner, Art Unit 2881
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