DETAILED ACTION
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 4-5, 7-8, and 11-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-13, and 16 of U.S. Patent No. 12,074,018, hereinafter ‘018. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same or identical invention with the same limitations as shown in the table below.
Claims of the instant application
Claims of ‘018
1. A sample capture and analysis system for analyzing aerosol analyte particles, the system including:
a fresh sample disk station configured to receive a fresh disk cartridge having one or more fresh sample disks;
a spent sample disk unloader station;
an aerosol sample collection station;
a sample disk holder including a stub, the sample disk holder configured to move in at least two directions (X-Y-Z) orthogonal to each other using one or more of a stepper motor or actuator using a predetermined analysis sequence to engage with each station; and
an analysis station including a time of flight mass spectrometer.
1. A sample capture and analysis system for analyzing aerosol analyte particles in air, the system including:
a fresh sample disk station or substrate loader station configured to receive a fresh disk cartridge having one or more fresh sample disks;
a spent sample disk unloader station;
an aerosol sample collection station;
a sample disk holder including a stub, the sample disk holder configured to:
removably engage with the fresh disk cartridge to receive a fresh sample disk;
removably engage with the spent sample disk unloader station to return a spent sample disk;
hold a fresh sample disk or a spent sample disk; and
move in at least two directions (X-Y-Z) orthogonal to each other using one or more of a stepper motor or actuator using a predetermined analysis sequence; and
one or more analysis stations, wherein the aerosol sample collection station is configured to produce a sample spot on a fresh sample disk when the sample disk holder is positioned at the aerosol sample collection station.
16. The system of claim 1, wherein the one or more analysis stations includes one or more of a TOFMS, LID-MS, MALDI-TOFMS, LIBS, Raman spectroscopy, fluorescence microscopy, surface enhanced RAMAN spectroscopy, scanning electron microscopy IR spectroscopy, or an optical detector.
4. The system of claim 1, wherein the sample disk holder is configured to:
removably engage with the first disk cartridge to receive a fresh sample disk;
move to the spent sample disk unloader station to return a spent sample disk; and
hold a fresh sample disk or a spent sample disk.
5. The system of claim 4, wherein the aerosol sample collection station is configured to produce a sample spot on a fresh sample disk when the sample disk holder is positioned at the aerosol sample collection station.
1. A sample capture and analysis system for analyzing aerosol analyte particles in air, the system including:
a fresh sample disk station or substrate loader station configured to receive a fresh disk cartridge having one or more fresh sample disks;
a spent sample disk unloader station;
an aerosol sample collection station;
a sample disk holder including a stub, the sample disk holder configured to:
removably engage with the fresh disk cartridge to receive a fresh sample disk;
removably engage with the spent sample disk unloader station to return a spent sample disk;
hold a fresh sample disk or a spent sample disk; and
move in at least two directions (X-Y-Z) orthogonal to each other using one or more of a stepper motor or actuator using a predetermined analysis sequence; and
one or more analysis stations, wherein the aerosol sample collection station is configured to produce a sample spot on a fresh sample disk when the sample disk holder is positioned at the aerosol sample collection station.
7. The system of claim 1, wherein the stub includes a heating element configured to dry the sample according to a predetermined drying protocol.
10. The system of claim 5, wherein the drying station is configured to substantially dry the sample using one or more of inductive heating, resistive heating, flow of air, or vacuum, or combinations thereof.
8. The system of claim 1, wherein the system further includes one or more additional analysis stations including one or more of a LDI-MS, MALDI-TOFMS, LIBS, Raman spectroscopy, fluorescence microscopy, surface enhanced RAMA spectroscopy, scanning electron microscopy IR spectroscopy, or an optical detector.
16. The system of claim 1, wherein the one or more analysis stations includes one or more of a TOFMS, LID-MS, MALDI-TOFMS, LIBS, Raman spectroscopy, fluorescence microscopy, surface enhanced RAMAN spectroscopy, scanning electron microscopy IR spectroscopy, or an optical detector.
11. The system of Claim 1, wherein the stub is made of an electrically conductive material.
13. The system of claim 1, wherein the stub is made of an electrically conductive material.
12. The system of claim 1, further including a microcontroller configured to run the predetermined analysis sequence.
2. The system of claim 1, further including a microcontroller configured to run the predetermined analysis sequence.
13. The system of claim 1, wherein the aerosol sample collection station includes an impactor nozzle having a nozzle tip disposed at a predetermined spacing above the fresh sample disk, wherein air including the analyte particles is drawn through the impactor nozzle at a predetermined air flow rate to produce a sample spot on the fresh sample disk.
3. The system of claim 1, wherein the aerosol sample collection station includes an impactor nozzle having a nozzle tip disposed at a predetermined spacing above the fresh sample disk, wherein air including the analyte particles is drawn through the impactor nozzle at a predetermined air flow rate to produce a sample spot on the fresh sample disk.
14. The system of claim 1, wherein the spent sample disk unloader station includes:
a spent sample disk storage container; and
means to disengage the spent sample disk from the sample disk holder and transfer it to the storage container.
11. The system of claim 1, wherein the spent sample disk unloader station includes:
a spent sample disk storage container; and
means to disengage the spent sample disk from the sample disk holder and transfer it to the storage container.
15. The system of claim 1, wherein the spent sample disk unloader station includes a spent sample disk cartridge configured to removably engage with the sample disk holder and receive a spent sample disk.
12. The system of claim 1, wherein the spent sample disk unloader station includes a spent sample disk cartridge configured to removably engage with the sample disk holder and receive a spent sample disk.
16. The system of claim 1, wherein the system further includes one or more of a camera station, a liquid chemical dispensing station, or a drying station.
5. The system of claim 4, wherein the system further includes one or more of a camera station, a liquid chemical dispensing station, or a drying station.
17. The system of claim 16, wherein the sample disk includes a unique identifier including one or more of a bar code, QR code (2-dimensional bar code), a numeric string, an alphanumeric string, or micro-identifier dots.
6. The system of claim 5, wherein the sample disk includes a unique identifier including one or more of a bar code, QR code (2-dimensional bar code), a numeric string, an alphanumeric string, or micro-identifier dots.
18. The system of claim 16, wherein the dispensing station is configured to dispense between about 0.5 μl and about 2 μl of a liquid.
7. The system of claim 5, wherein the dispensing station is configured to dispense between about 0.5 μl and about 2 μl of a liquid.
19. The system of claim 18, wherein the liquid includes one or more of a MALDI matrix chemical, TFA, acetic acid, formic acid, acetonitrile, methanol, ethanol, or water.
8. The system of claim 7, wherein the liquid includes one or more of a MALDI matrix chemical, TFA, acetic acid, formic acid, acetonitrile, methanol, ethanol, or water.
20. The system of claim 16, wherein the camera station is configured to receive at least one of a microscope camera and a digital camera.
9. The system of claim 5, wherein the camera station is configured to receive at least one of a microscope camera and a digital camera.
21. The system of claim 16, wherein the drying station is configured to substantially dry the sample using one or more of inductive heating, resistive heating, flow of air, or vacuum, or combinations thereof.
10. The system of claim 5, wherein the drying station is configured to substantially dry the sample using one or more of inductive heating, resistive heating, flow of air, or vacuum, or combinations thereof.
As shown in the mapping above, claims 1-3, 5-13, and 16 of ‘018 includes all the limitations of claims 1, 4-5, 7-8, and 11-21 of the instant application while also reciting further limitations.
Claims 1, 4-5, 7-8, 12, 16, and 18-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-7, and 12 of U.S. Patent No. 11,658,021, hereinafter ‘021. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same or identical invention with the same limitations as shown in the table below.
Claims of the instant application
Claims of ‘021
1. A sample capture and analysis system for analyzing aerosol analyte particles, the system including:
a fresh sample disk station configured to receive a fresh disk cartridge having one or more fresh sample disks;
a spent sample disk unloader station;
an aerosol sample collection station;
a sample disk holder including a stub, the sample disk holder configured to move in at least two directions (X-Y-Z) orthogonal to each other using one or more of a stepper motor or actuator using a predetermined analysis sequence to engage with each station; and
an analysis station including a time of flight mass spectrometer.
1. An autonomous sample capture and analysis system for analyzing aerosol analyte particles in air, the system comprising:
a fresh sample disk or substrate loader station configured to receive a fresh disk cartridge having one or more fresh disks;
a spent sample disk or substrate loader station configured to receive a spent disk cartridge;
an aerosol sample collection station;
a sample disk holder comprising a metal stub and configured to:
removably engage with the fresh disk cartridge disposed at the fresh sample disk station to receive a fresh sample disk;
removably engage with the spent disk cartridge disposed at the spent sample disk station to return a spent sample disk;
hold a fresh sample disk or a spent sample disk; and
move in at least two directions (X-Y-Z) orthogonal to each other using at least one of a stepper motor and actuator using a predetermined analysis sequence; and
one or more analysis stations wherein the aerosol sample collection station is configured to produce a sample spot on a fresh disk when the sample disk holder is positioned at the collection station and wherein the operation of the system is controlled using a microcontroller configured to run a predetermined analysis sequence.
12. The system of claim 1 wherein the one or more analysis stations comprises at least one of a TOFMS, LDI-MS, MALDI-TOFMS, LIBS, Raman spectroscopy, fluorescence microscopy, surface enhanced RAMAN spectroscopy, scanning electron microscopy IR spectroscopy and an optical detector.
4. The system of claim 1, wherein the sample disk holder is configured to:
removably engage with the fresh disk cartridge to receive a fresh sample disk;
move to the spent sample disk unloader station to return a spent sample disk; and
hold a fresh sample disk or a spent sample disk.
5. The system of claim 4, wherein the aerosol sample collection station is configured to produce a sample spot on a fresh sample disk when the sample disk holder is positioned at the aerosol sample collection station.
12. The system of claim 1, further including a microcontroller configured to run the predetermined analysis sequence.
1. An autonomous sample capture and analysis system for analyzing aerosol analyte particles in air, the system comprising:
a fresh sample disk or substrate loader station configured to receive a fresh disk cartridge having one or more fresh disks;
a spent sample disk or substrate loader station configured to receive a spent disk cartridge;
an aerosol sample collection station;
a sample disk holder comprising a metal stub and configured to:
removably engage with the fresh disk cartridge disposed at the fresh sample disk station to receive a fresh sample disk;
removably engage with the spent disk cartridge disposed at the spent sample disk station to return a spent sample disk;
hold a fresh sample disk or a spent sample disk; and
move in at least two directions (X-Y-Z) orthogonal to each other using at least one of a stepper motor and actuator using a predetermined analysis sequence; and
one or more analysis stations wherein the aerosol sample collection station is configured to produce a sample spot on a fresh disk when the sample disk holder is positioned at the collection station and wherein the operation of the system is controlled using a microcontroller configured to run a predetermined analysis sequence.
7. The system of claim 1, wherein the stub includes a heating element configured to dry the sample according to a predetermined drying protocol.
7. The system of claim 2 wherein the drying station is configured to substantially dry the sample using at least one of inductive heating, resistive heating, flow of air, and vacuum and combinations thereof.
8. The system of claim 1, wherein the system further includes one or more additional analysis stations including one or more of a LDI-MS, MALDI-TOFMS, LIBS, Raman spectroscopy, fluorescence microscopy, surface enhanced RAMAN spectroscopy, scanning electron microscopy IR spectroscopy, or an optical detector.
12. The system of claim 1 wherein the one or more analysis stations comprises at least one of a TOFMS, LDI-MS, MALDI-TOFMS, LIBS, Raman spectroscopy, fluorescence microscopy, surface enhanced RAMAN spectroscopy, scanning electron microscopy IR spectroscopy and an optical detector.
16. The system of claim 1, further including one or more of a camera station, a liquid chemical dispensing station, or a drying station.
2. The system of claim 1 wherein the system further comprises at least one of a camera station, a liquid chemical dispensing station, and a drying station.
18. The system of claim 16, wherein the dispensing station is configured to dispense between about 0.5 μl and about 2 μl of a liquid.
4. The system of claim 2 wherein the dispensing station is configured to dispense between about 0.5 μl and about 2 μl of a liquid.
19. The system of claim 18, wherein the liquid comprises at least one of MALDI matrix chemical, TFA, acetic acid, formic acid, acetonitrile, methanol, ethanol, and water.
5. The system of claim 4 wherein the liquid comprises at least one of MALDI matrix chemical, TFA, acetonitrile, methanol, ethanol, and water.
20. The system of claim 16, wherein the camera station is configured to receive at least one of a microscope camera and a digital camera.
6. The system of claim 2 wherein the camera station is configured to receive at least one of a microscope camera and a digital camera.
21. The system of claim 16, wherein the drying station is configured to substantially dry the sample using at least one of inductive heating, resistive heating, flow of air, or vacuum, or combinations thereof.
7. The system of claim 2 wherein the drying station is configured to substantially dry the sample using at least one of inductive heating, resistive heating, flow of air, and vacuum and combinations thereof.
As shown in the mapping above, claims 1-2, 4-7, and 12 of ‘018 includes all the limitations of claims 1, 4-5, 7-8, 12, 16, and 18-21 of the instant application while also reciting further limitations.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
In this action claim 14, for example, recites the limitation “means to disengage the spend sample disk”. This function corresponds to an exemplary mechanical “pick and place” arm or manual removal as described in paragraph [0158] of the instant application.
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, 4-5, 7, 9-10, 12-17, 21-22, 24, and 29-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson et al. (US Pat. 6,806,465, hereinafter Anderson).
Regarding claim 1, Fig. 2 of Anderson discloses a sample capture and analysis system for analyzing aerosol analyte particles (system 100 includes an aerosol interface 10 which provides means for preparing a sample which is to undergo mass spectrum analysis, see col. 7, lines 16-19), the system including:
a fresh sample disk station configured to receive a fresh disk cartridge having one or more fresh sample disks (tape 120 provides for permanent storage of samples, see col. 9, lines 11-23; the tape is stored in the tape cartridge, see Fig. 2);
a spent sample disk unloader station (tape 120 provides for permanent storage of samples, see col. 9, lines 11-23; the tape is stored after analysis in the tape cartridge, see Fig. 2);
an aerosol sample collection station (system 100 includes an aerosol interface 10 which provides means for preparing a sample which is to undergo mass spectrum analysis, see col. 7, lines 16-19);
a sample disk holder including a stub, the sample disk holder configured to move in at least two directions orthogonal to each other using one or more of a stepper motor or an actuator using a predetermined analysis sequence to engage with each station (tape 120 receives a sample deposit 108 from the aerosol interface 10 and proceeds to analysis at the mass spectrometer 170 via a stepper motor 140 (in at least two directions orthogonal to each other), see Fig. 2 and col. 8, lines 55-67); and
an analysis station including a TOFMS (the system further comprises a TOF mass spectrometer, see abstract).
Regarding claim 4, Anderson discloses the sample disk holder is configured to removably engage with the fresh disk cartridge to receive a fresh sample disk (tape 120 receives a sample deposit 108 from the aerosol interface 10 and proceeds to analysis at the mass spectrometer 170, see Fig. 2 and col. 8, lines 55-67);
move to the spent sample disk unloader station to return a spent sample disk (the tape is stored after analysis in the tape cartridge, see Fig. 2); and
hold a fresh sample disk or a spent sample disk (tape 120 provides for permanent storage of samples, see col. 9, lines 11-23; the tape is stored after analysis in the tape cartridge, see Fig. 2).
Regarding claim 5, Anderson discloses the aerosol sample collection station is configured to produce a sample spot on a fresh sample disk when the sample disk holder is positioned at the aerosol sample collection station (system 100 includes an aerosol interface 10 which provides means for preparing a sample which is to undergo mass spectrum analysis on a tape 120, see col. 7, lines 16-19).
Regarding claim 7, Anderson discloses the stub includes a heating element configured to dry the sample according to a predetermined drying protocol (the matrix and analyte are mixed to produce a solution which then dries on a sample stage prior to analysis, see col. 7, lines 38-47).
Regarding claim 9, Fig. 4 of Anderson discloses the stub is made of electrically insulative material (an insulating disc 188 projects axially from the roughing vacuum chamber portion 184, see Fig. 4 and col. 11, lines 49-62); wherein a high voltage contact plate disposed in the TOFMS station is configured to make electrical contact with the sample disk (extraction source electric field provides proper voltage potential gradient and sample ion acceleration is achieved, see col. 11, lines 18-33; voltages exceeding 6,000 V, see col. 12, lines 51-55).
Regarding claim 10, Fig. 4 of Anderson discloses a high voltage is applied under vacuum directly to the sample disk through the high voltage contact plate when the sample disk holder is positioned at one or more analysis stations (extraction source electric field provides proper voltage potential gradient and sample ion acceleration is achieved, see col. 11, lines 18-33; voltages exceeding 6,000 V, see col. 12, lines 51-55).
Regarding claim 12, Fig. 2 of Anderson discloses a microcontroller configured to run the predetermined analysis sequence (control unit 160 associates sample 108 with a reference position for subsequent movement from collector 102 to mass analyzer 170 through stepper motor 144, see col. 10, lines 31-57).
Regarding claim 13, Anderson discloses the aerosol sample collection station includes an impactor nozzle having a nozzle tip disposed at a predetermined spacing above the fresh sample disk (impactor station 106 has a tip positioned at a distance from the tap 120 to deposit a sample 108, see Fig. 3 and col. 8, lines 1-19), wherein air including the analyte particles is drawn through the impactor nozzle at a predetermined air flow to produce a sample spot on the fresh sample disk (impactors 106 serve to separate the particles from the airflow and provide sample deposits 108 on a transport tape 120, see col. 8, lines 1-19).
Regarding claim 14, Anderson discloses the spent sample disk unloader station includes a spent sample disk storage container (tape 120 is collected at the tape collection end 120b, see col. 8, lines 55-59); and
means to disengage the spent sample disk from the sample disk holder and transfer it to the storage container (tape 120 provides for permanent storage of samples which may be ‘replayed’ into the analyzer 170 at a later time, see col. 9, lines 11-17; as interpretated by 35 USC 112(f) or 112 sixth paragraph, a manual removal of the tape cartridge can be done to place the tape reel in a storage container).
Regarding claim 15, Anderson discloses the spent sample disk unloader station includes a spent sample disk cartridge configured to removably engage with the sample disk holder and receive a spent sample disk (tape 120 is collected at the tape collection end 120b, see col. 8, lines 55-59; tape 120 provides for permanent storage of samples which may be ‘replayed’ into the analyzer 170 at a later time, see col. 9, lines 11-17).
Regarding claim 16, Anderson discloses further including one or more of a camera station, a liquid chemical dispensing station, or a drying station (MALDI micro dispenser 150 adds a small amount of MALDI matrix to the sample to facilitate ionization in the mass spectrometer, see Fig. 2 and col. 10, lines 39-50).
Regarding claim 17, Anderson discloses the sample disk includes a unique identifier including one or more of a bar code, QR code, a numeric string, an alphanumeric string, or micro-identifier dots (association of a reference marking by write head 132 identifies the sample 108 with a reference position, see col. 10, lines 31-39).
Regarding claim 21, Anderson discloses the drying station is configured to substantially dry the sample using one or more of inductive heating, resistive, heating, flow of air, or vacuum, or combinations thereof (a high concentration of dry particles are withdrawn from the environment and deposited on a small area of the tape 108, see col. 8, lines 29-54).
Regarding claim 22, Fig. 2 of Anderson discloses a sample capture and analysis system for analyzing aerosol analyte particles (system 100 includes an aerosol interface 10 which provides means for preparing a sample which is to undergo mass spectrum analysis, see col. 7, lines 16-19), the system including:
a fresh sample disk station configured to receive a fresh disk cartridge having one or more fresh sample disks (tape 120 provides for permanent storage of samples, see col. 9, lines 11-23; the tape is stored in the tape cartridge, see Fig. 2);
a spent sample disk unloader station (tape 120 provides for permanent storage of samples, see col. 9, lines 11-23; the tape is stored after analysis in the tape cartridge, see Fig. 2);
an aerosol sample collection station (system 100 includes an aerosol interface 10 which provides means for preparing a sample which is to undergo mass spectrum analysis, see col. 7, lines 16-19);
a rotatable sample disk holder including a stub, the sample disk holder configured to move in at least two directions using one or more of a stepper motor or rotary actuator using a predetermined analysis sequence to engage with each station (tape 120 receives a sample deposit 108 from the aerosol interface 10 and proceeds to analysis at the mass spectrometer 170 via a stepper motor 140 (in at least two directions orthogonal to each other), see Fig. 2 and col. 8, lines 55-67; the tape 120 is wound in a loop pattern between the drive shaft 140a and take up idler wheel 142, see Fig. 2 and col. 8, lines 62-67); and
one or more analysis stations (the system further comprises a TOF mass spectrometer, see abstract).
Regarding claim 24, Fig. 2 of Anderson discloses a sample capture and analysis system for analyzing aerosol analyte particles (system 100 includes an aerosol interface 10 which provides means for preparing a sample which is to undergo mass spectrum analysis, see col. 7, lines 16-19), the system including:
a fresh sample disk station configured to receive a fresh disk cartridge having one or more fresh sample disks (tape 120 provides for permanent storage of samples, see col. 9, lines 11-23; the tape is stored in the tape cartridge, see Fig. 2);
a spent sample disk unloader station (tape 120 provides for permanent storage of samples, see col. 9, lines 11-23; the tape is stored after analysis in the tape cartridge, see Fig. 2);
an aerosol sample collection station (system 100 includes an aerosol interface 10 which provides means for preparing a sample which is to undergo mass spectrum analysis, see col. 7, lines 16-19);
at least two rotatable sample disk holders, each including a stub (the tape 120 is wound in a loop pattern between the drive shaft 140a and take up idler wheel 142, see Fig. 2 and col. 8, lines 62-67), wherein each sample disk holder:
includes one or more of a stepper motor or rotary actuator and is configured to move in at least two directions (tape 120 receives a sample deposit 108 from the aerosol interface 10 and proceeds to analysis at the mass spectrometer 170 via a stepper motor 140 (in at least two directions orthogonal to each other), see Fig. 2 and col. 8, lines 55-67); and
configured to engage with one or more stations according to a predetermined analysis sequence (tape 120 receives a sample deposit 108 from the aerosol interface 10 and proceeds to analysis at the mass spectrometer 170 via a stepper motor 140 (in at least two directions orthogonal to each other), see Fig. 2 and col. 8, lines 55-67); and
one or more analysis stations (the system further comprises a TOF mass spectrometer, see abstract).
Regarding claim 29, Fig. 2 of Anderson discloses a method for collecting and analyzing aerosol analyte sample particles in air (system 100 includes an aerosol interface 10 which provides means for preparing a sample which is to undergo mass spectrum analysis, see col. 7, lines 16-19), the method including:
providing the sample capture and analysis system (see Fig. 2);
loading a fresh sample disk onto the sample disk holder at the fresh sample dis loader station (tape 120 provides for permanent storage of samples, see col. 9, lines 11-23; the tape is stored in the tape cartridge, see Fig. 2);
moving the sample disk holder to a camera station and examining the fresh sample disk (tape 120 receives a sample deposit 108 from the aerosol interface 10 and proceeds to analysis at the mass spectrometer 170 via a stepper motor 140 (in at least two directions orthogonal to each other), see Fig. 2 and col. 8, lines 55-67; association of a reference marking by write head 132 identifies the sample 108 with a reference position, see col. 10, lines 31-39; constitutes a digital camera);
moving the sample disk holder having the fresh disk to the aerosol sample collection station, wherein aerosol particles are impacted onto the sample disk to produce a sample spot on the sample disk (system 100 includes an aerosol interface 10 which provides means for preparing a sample which is to undergo mass spectrum analysis, see col. 7, lines 16-19);
moving the sample disk holder to the camera station and examining the sample spot (tape 120 receives a sample deposit 108 from the aerosol interface 10 and proceeds to analysis at the mass spectrometer 170 via a stepper motor 140 (in at least two directions orthogonal to each other), see Fig. 2 and col. 8, lines 55-67; association of a reference marking by write head 132 identifies the sample 108 with a reference position, see col. 10, lines 31-39; constitutes a digital camera);
substantially drying the sample (a high concentration of dry particles are withdrawn from the environment and deposited on a small area of the tape 108, see col. 8, lines 29-54);
moving the sample disk holder to the analysis station including a TOFMS (tape 120 receives a sample deposit 108 from the aerosol interface 10 and proceeds to analysis at the mass spectrometer 170 via a stepper motor 140 (in at least two directions orthogonal to each other), see Fig. 2 and col. 8, lines 55-67; the system further comprises a TOF mass spectrometer, see abstract); and
analyzing the sample, wherein the sample disk includes a unique identifies including one or more of a bar code, QR code, a numeric strig, an alphanumeric string, or micro-identifier dots (association of a reference marking by write head 132 identifies the sample 108 with a reference position, see col. 10, lines 31-39).
Regarding claim 30, Anderson discloses the step of moving the sample disk holder to the spent sample disk unloader station (tape 120 provides for permanent storage of samples, see col. 9, lines 11-23; the tape is stored after analysis in the tape cartridge, see Fig. 2).
Regarding claim 31, Anderson discloses the step of reading the fresh sample disk unique identifier using one or more of a camera or a unique identifier reader to associate the unique identifier of the fresh disk with the step of analyzing the sample corresponding to that disk (association of a reference marking by write head 132 identifies the sample 108 with a reference position, see col. 10, lines 31-39; constitutes a digital camera).
Regarding claim 32, Anderson discloses generating TOFMS raw spectral data unique to the aerosol analyte particles, wherein the generating step includes generating a set of raw spectral data associated with ionization of the aerosol analyte particles in the sample spot using a plurality of batches of ionization pulses, wherein each batch includes a predetermined number of laser ionization pulses, and wherein each batch of ionization pulses is associated with a respective parameter set including one or more of ionization energy, pulse delay, applied voltage, or calibration data (laser beam 232 impacts a sample surface 108 for ionization and analysis, see Fig. 4 and col. 11, lines 18-33; mass spectra analysis is done in real-time, see col. 13, lines 4-16; predetermined parameters are disclosed, such as exemplary extraction voltages, see col. 12, lines 45-68).
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.
Claims 18-20 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson.
Regarding claim 18, Anderson discloses the dispensing station is configured to dispense a liquid (a nebulizer is used to inject metered amounts of MALDI matrix particles into a sample collector airstream to be deposited onto a tape 120, see col. 8, lines 29-41).
While Anderson does not explicitly disclose the claimed amount of liquid being dispensed, it would have been obvious to one having ordinary skill in the art at the time the invention was made to vary the amount of matrix solution so an appropriate amount of matrix material is present for the analyte for analysis, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 19, Anderson discloses the liquid includes MALDI matrix chemical (a nebulizer is used to inject metered amounts of MALDI matrix particles into a sample collector airstream to be deposited onto a tape 120, see col. 8, lines 29-41).
Regarding claim 20, Anderson discloses the camera station is configured to receive at least one of a microscope camera and a digital camera (association of a reference marking by write head 132 identifies the sample 108 with a reference position, see col. 10, lines 31-39; constitutes a digital camera).
Regarding claim 34, Anderson discloses the step of generating one or more data files corresponding to the raw spectral data or processed spectral data and associating the one or more data files with one or more of a date stamp of the analyzing step and the unique identifier of the sample disk (data acquisition system for collecting data to be stored in a computing device, see col. 6, lines 5-16; with the ability to record pertinent data associated with the collection and measurement of the sample, see col. 4, lines 27-31; association of a reference marking by write head 132 identifies the sample 108 with a reference position, see col. 10, lines 31-39).
While Anderson does not explicitly disclose the data includes a date stamp, it would have been obvious to one having ordinary skill in the art at the time the invention was made to associate a time stamp with the unique identifier for the specific location of the desired sample on the tape to reduce errors in associating the data with the unique identifier.
Allowable Subject Matter
Claims 2-3, 6, 23, 25-28, and 33 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including, the system further includes a rotation motor configured to rotate the stub about an aim point of an ionization laser beam associated with the TOFMS.
Claim 3 is dependent from objected claim 2 and is objected for the same reasons.
Regarding claim 6, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including, the sample disk holder is offset relative to an aim point of an ionization laser beam associated with the TOFMS, and wherein the stub is rotated about the aim point using a rotation motor.
Regarding claim 23, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including, a circular gantry plate configured to support each station and engage with the rotatable sample holder, wherein each station is arranged in a circle.
Regarding claim 25, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including, a first semi-circular gantry plate and a second semi-circular gantry plate, wherein the first semi-circular gantry plate is configured to support a predetermined first set of stations and engage a first sample holder with each station in the first set of stations, wherein the first set of stations is arranged in a circle; and a second semi-circular gantry plate is configured to support a predetermined second set of stations and engage a second sample holder with each station in the second set of stations, wherein the second set of stations is arranged in a circle.
Claims 26-28 are dependent from objected claim 25 and are objected for the same reasons.
Regarding claim 33, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including, the ionization energy associated with a batch of laser ionization pulses progressively increases with each subsequent batch of ionization pulses.
Conclusion
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Hanway Chang
/HC/ Examiner, Art Unit 2878
/GEORGIA Y EPPS/ Supervisory Patent Examiner, Art Unit 2878
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