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 .
Objected drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the diameter of the hole of each of the first plurality of plate electrodes is between 1 to 100 times the inter-electrode spacing of the first plurality of plate electrodes, each of the plurality of diameters of each of the holes of the second plurality of plate electrodes is between 3 to 100 times the second inter-electrode spacing of the second plurality of plate electrodes, and an adjacent electrode downstream the exit electrode, and DC voltages are supplied to the exit electrode and the adjacent electrode downstream the exit electrode, the DC voltages creating a potential gradient between the exit electrode and the adjacent electrode downstream the exit electrode as recited in claim 90; the third ion transfer device is located between the first ion transfer device and the second ion transfer device such that the ions first pass the first ion transfer device, then the third ion transfer device, and then the second ion transfer device as recited in claim 92; the second ion transfer device is an ion funnel as recited in claim 93; the first ion transfer device being placed inside the vacuum chamber as recited in claim 95; the ion transfer tube includes one or more bores as recited in claim 96; a potential gradient that has positive slope, negative slope, or zero slope as recited in claim 97; the DC voltages create a zero potential gradient between the exit electrode and two or more of the second plurality of electrodes adjacent to the exit electrode as recited in claim 98; each of a plurality of diameters of each of holes of a plurality of plate electrodes of the ion transfer device is between 3 to 100 times an inter-electrode spacing of the plurality of plate electrodes, and a predetermined electrical potential difference is produced between the outlet end and the exit electrode as recited in claim 104; the ion transfer device is an ion funnel as recited in claim 106; and each of a plurality of diameters of each of holes of a plurality of plate electrodes of the ion transfer device is between 3 to 100 times an inter-electrode spacing of the plurality of plate electrodes, applying a predetermined DC potential difference between an outlet end of an ion transfer device and an exit electrode that is disposed adjacent to the outlet end, and the predetermined DC potential difference accelerates ions from the outlet end of the ion transfer device towards and through the exit electrode, or the predetermined DC potential difference retards movement of ions from the outlet end of the ion transfer device towards and through the exit electrode as recited in claim 107; and the ion transfer device is an ion funnel as recited in claim 109 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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.
Rejection under First Paragraph
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 90-109 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
The specification is silent for reciting the limitations “the diameter of the hole of each of the first plurality of plate electrodes is between 1 to 100 times the inter-electrode spacing of the first plurality of plate electrodes”, “each of the plurality of diameters of each of the holes of the second plurality of plate electrodes is between 3 to 100 times the second inter-electrode spacing of the second plurality of plate electrodes”, “an exit electrode at the ion outlet of the second ion transfer device that delivers the ions to an adjacent electrode downstream the exit electrode”, and “DC voltages are supplied to the exit electrode and the adjacent electrode downstream the exit electrode, the DC voltages creating a potential gradient between the exit electrode and the adjacent electrode downstream the exit electrode” as recited in claim 90; “the diameter of the hole of each of the third plurality of plate electrodes is between 3 to 100 times the inter-electrode spacing of the third plurality of plate electrodes” as recited in claim 91; “the third ion transfer device is located between the first ion transfer device and the second ion transfer device such that the ions first pass the first ion transfer device, then the third ion transfer device, and then the second ion transfer device” as recited in claim 92; “the second ion transfer device is an ion funnel” as recited in claim 93; “the first ion transfer device being placed inside the vacuum chamber” as recited in claim 95; “the ion transfer tube includes one or more bores” as recited in claim 96; “the DC voltages create a potential gradient that has positive slope, negative slope, or zero slope and the DC voltages are between -500 to +500 volts” as recited in claim 97; “the DC voltages create a zero potential gradient between the exit electrode and two or more of the second plurality of electrodes adjacent to the exit electrode” as recited in claim 98; “each of a plurality of diameters of each of holes of a plurality of plate electrodes of the ion transfer device is between 3 to 100 times an inter-electrode spacing of the plurality of plate electrodes”, and “a predetermined electrical potential difference is produced between the outlet end and the exit electrode” as recited in claim 104; “the ion transfer device is an ion funnel” as recited in claim 106; “applying a predetermined DC potential difference between an outlet end of an ion transfer device and an exit electrode that is disposed adjacent to the outlet end”, “each of a plurality of diameters of each of holes of a plurality of plate electrodes of the ion transfer device is between 3 to 100 times an inter-electrode spacing of the plurality of plate electrodes”, and “the predetermined DC potential difference accelerates ions from the outlet end of the ion transfer device towards and through the exit electrode, or the predetermined DC potential difference retards movement of ions from the outlet end of the ion transfer device towards and through the exit electrode” as recited in claim 107; and “the ion transfer device is an ion funnel” as recited in claim 109.
However, the specification is disclosed that “In one or more embodiments, the diameter of the ion transfer device 20 may be any value between 0.2 to 2 inches or even up to 5 inches, the length of the ion transfer device 20 may be any value between 0.5 to 1000 inches or may be 0.1 to 500 feet or more. In one or more embodiments, the length may be 1-10, 10-100, or 100-1000 times or more of the diameter (or the largest or the smallest diameter if the diameter varies along the length)” in [0160] of Pub. No. 2024/0389905.
Additional explanations are needed if applicant insists on including these features in the claims 90-109 without the insertion of new matter.
Clarification without the introduction of new matter is required.
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 90, 94, 97-98, 102, 104 and 106-109 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Green et al. (2009/0302209).
Green et al. (2009/0302209) discloses, in figs. 1-18E, a mass spectrometer and/or method, which includes
Regarding claims 90, 94, 104, 107, 108,
an ion source for producing ions from a sample (see figs. 10, 11, 15, 17);
an ion transfer device that includes
a first ion transfer device 15a, 19, that receives ions from an ion inlet of the first ion transfer device 15a, 19, and transfers the ions to an ion outlet of the first ion transfer device 15a, 19, (see figs. 15, 17),
wherein the first ion transfer device 15a, 19, includes a first plurality of plate electrodes that are stacked (see figs. 15, 17), each electrode of the first plurality of plate electrodes having a hole, the holes of the first plurality of plate electrodes having a same diameter, each plate electrode of the first plurality of electrodes being separated from each adjacent electrode of the first plurality of electrodes by a first inter-electrode spacing (see [0017], [0020], [0021], [0022], [0023], [0024], [0113], [0116], [0224], [0244]), and
wherein the diameter of the hole of each of the first plurality of plate electrodes is between 1 to 100 times the inter-electrode spacing of the first plurality of plate electrodes (see [0017], [0020], [0021], [0022], [0023], [0024], [0113], [0116], [0224], [0244]); and
a second ion transfer device 2 that receives the ions from an ion inlet of the second ion transfer device 2 and transfers the ions to an ion outlet of the second ion transfer device 2 (see figs. 15, 17),
wherein the second ion transfer device 2 includes a second plurality of plate electrodes that are stacked (see figs. 15, 17), each electrode of the second plurality of plate electrodes having a hole, the holes of the second plurality of plate electrodes having a plurality of diameters, each plate electrode of the second plurality of electrodes being separated from each adjacent electrode of the second plurality of electrodes by a second inter-electrode spacing (see [0017], [0020], [0021], [0022], [0023], [0024], [0113], [0116], [0224], [0244]),
wherein each of the plurality of diameters of each of the holes of the second plurality of plate electrodes is between 3 to 100 times the second inter-electrode spacing of the second plurality of plate electrodes (see [0017], [0020], [0021], [0022], [0023], [0024], [0113], [0116], [0224], [0244]), and
wherein the second ion transfer device 2 includes an exit electrode 5a, 5b, 3 at the ion outlet of the second ion transfer device 2 that delivers the ions to an adjacent electrode 3 downstream the exit electrode 2a, 5a, 5b, and DC voltages are supplied to the exit electrode and the adjacent electrode downstream the exit electrode, the DC voltages creating a potential gradient between the exit electrode and the adjacent electrode downstream the exit electrode (see abstract, figs. 1, 5, 8, 9A, 10, 11, 12, 15, 17, [0006], [0011], [0014], [0015], [0029], [0031], [0032], [0034], [0044]-[0046], [0048], [0056]-[0065], [0071], [0074], [0079]-[0088], [0095], [0096], [0098], [0099], [0106], [0120], [0152], [0159], [0172], [0174]-[0176], [0208], [0211], [0222], [0223], [0224], [0226], [0230], [0233], [0234], [0235], [0239], [0240], [0243], [0245], [0246], [0247], [0249], [0260], [0261], [0263], [0264], [0265], [0271], [0273], [0274]); and
a mass analyzer 14 or an ion mobility analyzer for separating the ions (see figs. 11, 17).
Regarding claim 97, wherein
the DC voltages create a potential gradient that has positive slope, negative slope, or zero slope (see abstract, figs. 3A, 3B, positive slope, negative slope, or zero slope is inherent in potential hill, barrier and/or well in [0029], [0031], [0032], [0071], [0095], [0120], [0152], [0172], [0208], [0211], [0222], [0223], [0226], [0239], [0240], [0245], [0246], [0260], [0263]), and
the DC voltages are between -500 to +500 volts (see [0032], [0033], [0095]-[0099], [0265], the range of -500 to +500 volts is inherent in “the amplitude of the one or more transient DC voltages or potentials or the one or more transient DC voltage or potential waveform is preferably ramped up” in [0273]).
Regarding claim 98, wherein the DC voltages create a zero potential gradient between the exit electrode 5a, 5b, 3, and two or more of the second plurality of electrodes 2a adjacent to the exit electrode 5a, 5b, 3 (see figs. 1, 5, 8, 9A, 12, 15, 17, “potential hill, barrier and/or well (zero) in [0029], [0232], [0239], [0240]).
Regarding claim 102, wherein the mass spectrometry system includes an ion trap, a time of flight 14, an electrostatic trapping, or a quadrupole mass analyzer 8, 11 (see figs. 10, 11, 15, 17).
Regarding claims 106, 109, wherein the ion transfer device is an ion funnel (see “the electrodes have apertures which become progressively larger and/or smaller in size or in area in a direction along the axis of the ion guide” to form an ion funnel in [0021] and [0113], [0116])
Claims 90-94, 97-102 and 104-109 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown et al. (2011/0062323).
Brown et al. (2011/0062323) discloses, in figs. 1-13E, a mass spectrometer and/or method using an ion transfer device including first, second and third ion transfer devices (see fig. 10), which includes
Regarding claim 90, 91, 94, 104, 107,
an ion source for producing ions from a sample (see fig. 9);
a first ion transfer device 25 that receives ions from an ion inlet of the first ion transfer device 25 and transfers the ions to an ion outlet of the first ion transfer device 25 (see fig. 10),
wherein the first ion transfer device 25 includes a first plurality of plate electrodes 1 that are stacked (see fig. 10), each electrode 1 of the first plurality of plate electrodes 1 having a hole, the holes of the first plurality of plate electrodes 1 having a same diameter, each plate electrode 1 of the first plurality of electrodes 1 being separated from each adjacent electrode 1 of the first plurality of electrodes 1 by a first inter-electrode spacing (see figs. 1-3, 7, 9, 10, [0055], [0056], [0057], [0058], [0059], [0060], [0065], [0091], [0186], [0194], [0205]), and
wherein the diameter of the hole of each of the first plurality of plate electrodes 1 is between 1 to 100 times the inter-electrode spacing of the first plurality of plate electrodes 1 (see [0057], [0058], [0059], [0186]);
a second ion transfer device 27 that receives the ions from an ion inlet of the second ion transfer device 27 and transfers the ions to an ion outlet of the second ion transfer device 27 (see fig. 10),
wherein the second ion transfer device 27 includes a second plurality of plate electrodes 1 that are stacked (see fig. 10), each electrode 1 of the second plurality of plate electrodes 1 having a hole, the holes of the second plurality of plate electrodes 1 having a plurality of diameters, each plate electrode 1 of the second plurality of electrodes 1 being separated from each adjacent electrode 1 of the second plurality of electrodes 1 by a second inter-electrode spacing (see figs. 1-3, 7, 9, 10, [0055], [0056], [0057], [0058], [0059], [0060], [0065], [0091], [0186], [0194], [0205]),
wherein each of the plurality of diameters of each of the holes of the second plurality of plate electrodes is between 3 to 100 times the second inter-electrode spacing of the second plurality of plate electrodes (see [0057], [0058], [0059], [0186]), and
wherein the second ion transfer device 27 includes an exit electrode at the ion outlet of the second ion transfer device that delivers the ions to an adjacent electrode downstream the exit electrode, and DC voltages are supplied to the exit electrode and the adjacent electrode downstream the exit electrode, the DC voltages creating a potential gradient between the exit electrode and the adjacent electrode downstream the exit electrode (see [0011], [0024]-[0034], [0038]-[0042], [0074], [0123], [0128]-[0132], [0136], [0139], [0143], [0144], [0167], [0176], [0180], [0181], [0190], [0197], [0198], [0245], [0246], [0247], [0252], [0253]);
a mass analyzer 28 or an ion mobility analyzer 26; and
a third ion transfer device 26 that receives the ions from an ion inlet of the third ion transfer device 26 and transfers the ions to an ion outlet of the third ion transfer device 26 (see fig. 10),
wherein the third ion transfer device 26 includes a third plurality of plate electrodes 1 that are stacked (see fig. 10), each electrode 1 of the third plurality of plate electrodes 1 having a hole, the holes of the third plurality of plate electrodes 1 having a same diameter, each plate electrode 1 of the third plurality of electrodes 1 being separated from each adjacent electrode of the third plurality of electrodes 1 by a third inter-electrode spacing (see figs. 1-3, 7, 9, 10, [0055], [0056], [0057], [0058], [0059], [0060], [0065], [0091], [0186], [0194], [0205]), and
wherein the diameter of the hole of each of the third plurality of plate electrodes is between 3 to 100 times the inter-electrode spacing of the third plurality of plate electrodes (see [0057], [0058], [0059], [0186]).
Regarding claim 92, wherein the third ion transfer device 26 is located between the first ion transfer device 25 and the second ion transfer device 27 such that the ions first pass the first ion transfer device 25, then the third ion transfer device26, and then the second ion transfer device 27 (see fig. 10).
Regarding claim 93, wherein the second ion transfer device is an ion funnel (see “the electrodes have apertures which become progressively larger and/or smaller in size or in area in a direction along the axis of the ion guide” to form an ion funnel in [0056], [0091]).
Regarding claim 97, wherein
the DC voltages create a potential gradient that has positive slope, negative slope, or zero slope (see figs. 1-4, 6A-6D, [0024]-[0034], [0038], [0039], [0041], positive or negative potential relating positive slope or negative slope in [0039], [0042] and [0043], [0074], [0123], [0128], [0130], [0136], [0165]-[0168], positive valleys and negative valleys in [0170], [0176], [0179], [0180], [0181], zero amplitude in [0188] and [0204], [0190], [0227], [0246], [0252], [0253]), and
the DC voltages are between -500 to +500 volts (see [0158], [0163], [0186], [0204], [0244], [0245]).
Regarding claim 98, wherein the DC voltages create a zero potential gradient between the exit electrode and two or more of the second plurality of electrodes adjacent to the exit electrode (see figs. 1-4, 6A-6D, [0024]-[0034], [0039], [0042], [0074], [0136], [0165]-[0168], [0174], [0176], [0179], [0180], [0181], zero amplitude in [0188] and [0204], [0190], [0197], [0198], [0206], [0207], [0210], [0227], [0246], [0252], [0253]).
Regarding claim 99, wherein a thickness of each plate electrode of the first plurality of plate electrodes, the second plurality of plate electrodes, and the third plurality of plate electrodes is between 0. 1mm to 3mm (see [0064], [0186]).
Regarding claim 100, wherein the first inter-electrode spacing, the second inter-electrode spacing, and the third inter-electrode spacing is between 0.1 mm to 10mm (see [0058], [0059]).
Regarding claim 101, wherein the plate electrodes are made of printed circuit boards, metal including stainless steel, nickel, copper or gold, or a combination of them (see [0186]).
Regarding claim 102, wherein the mass spectrometry system includes an ion trap, a time of flight, an electrostatic trapping, or a quadrupole mass analyzer (see figs. 7, 9, 10, [0007], [0010], [0011], [0086], [0087], [0090], [0157], [0189], [0198], [0201], [0204], [0228], [0229], [0232], [0236], [0249], [0250]).
Regarding claims 105, 108, further comprising at least one of:
producing the ions from biological samples from an ion source (see [0003]-[0006], [0008], [0077], [0080], [0144], [0255]),
separating the ions based on mass-to-charge ratio of the ions with a mass analyzer 13, 28 (see [0007], [0010], [0046], [0047], [0048], [0086], [0090], [0142], [0143], [0149], [0155], [0157], [0185], [0189], [0198], [0201], [0204], [0228], [0229], [0232], [0234], [0243], [0245], [0249]), or
separating the ions based on mobility of the ions with an ion mobility analyzer (see [0046], [0047], [0083], [0160], [0192], [0193], [0216], [0224]-[0227], [0229], [0231], [0249], [0251]-[0253]).
Regarding claims 106, 109, wherein the ion transfer device is an ion funnel (see “the electrodes have apertures which become progressively larger and/or smaller in size or in area in a direction along the axis of the ion guide” to form an ion funnel in [0056], [0091], [0124]).
Rejection under 35 U.S.C. 103(a)
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 95-96 and 103 are rejected under 35 U.S.C. 103(a) as being unpatentable over Brown et al. (2011/0062323) in view of Williams (2016/0181080).
Brown et al. (2011/0062323) discloses all the features as discussed above except an ion transfer tube extending between an atmospheric pressure ionization chamber and a vacuum chamber as recited in claim 95; the ion transfer tube including one or more bores as recited in claim 96; and at least two adjacent electrodes of the plurality of first plate electrodes of the first ion transfer device flexibly connected to each other as recited in claim 103.
Using the ion transfer tube including one or more bores and extending between an atmospheric pressure ionization chamber and a vacuum chamber is considered to be obvious variation in design, since it is well known in the art as Applicant admitted the ion transfer tube 19 extending between an atmospheric pressure ionization chamber 11 and a vacuum chamber 13 including an ion guide, and including one or more bores for transferring ions from the atmospheric pressure ionization chamber 11 and the vacuum chamber 13 to analyze the ions (see figs. 1C, 1D, [0012] of current application 18/789,390 having pub. No. 2024/0389905), thus would have been obvious to one skilled in the art to use the ion transfer tube including one or more bores and extending between an atmospheric pressure ionization chamber and a vacuum chamber for transferring ions from an ion source to an ion guide in the Brown et al. (2011/0062323) mass spectrometer and/or method for analyzing ions.
Using the at least two adjacent electrodes of the plurality of first plate electrodes of the first ion transfer device flexibly connected to each other is considered to be obvious variation in design, since it is well known in the art as Ibrahim et al. (2015/0303046) disclose, in figs. 1-7, a mass spectrometer having an ion funnel transfer device 200, 300, 400 including a plurality of stacked plate electrodes 210, 310, 410 which are flexibly connected to each other and have a plurality of bending sections 230, 240, 430 for transferring and separating non-ions from ions (see figs. 2-4, [0022], 0025], [0029]), thus would have been obvious to one skilled in the art to use the plurality of plate electrodes of the ion transfer device that have the at least two adjacent electrodes flexibly connected to each other in the Brown et al. (2011/0062323) mass spectrometer and/or method for guiding ions.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Pringle et al. (2009/0072136) and Green (2016/0341696) disclose a mass spectrometer system using a plurality of ion transfer device, each including a plurality of stacked plate electrodes for transferring and controlling ions.
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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