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 § 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.
Claim(s) 1, 2, 4, 5, 10, 11, 16-18, 21, 22 and 26-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Badu-Tawiah, et al (U.S. Patent Application Publication 2016/0329198 A1).
Regarding claim 1, Badu-Tawiah discloses an electrospray emitter device comprising:
A sample capillary extending from a sample inlet to a sample outlet, said sample capillary defining a path for fluid flow from the sample inlet to the sample outlet (analyte emitter/sample capillary 104 extending from inlet 106 to outlet 108);
Wherein the sample inlet is configured to receive a fluid sample, the fluid sample being an eluent from a liquid chromatograph (paragraph 0106);
A reagent capillary extending from a reagent inlet to a reagent outlet, the reagent capillary defining a path for fluid flow from the reagent inlet to the reagent outlet (Fig. 51; paragraph 0214; 0256);
Wherein the reagent inlet is configured to receive a fluid reagent (paragraph 0256);
A voltage source conductively coupled to the reagent capillary and configured to apply a voltage to the reagent capillary (Fig. 51; paragraph 0256);
A first conduit disposed around a first portion of the sample capillary and a first portion of the reagent capillary, the first conduit comprising a wall defining a lumen (conduit 114 defining a lumen 116; Figs. 19A, 51; paragraphs 0100,0256);
The first conduit extending from a first end to a second end opposite and axially spaced apart from the first end (Figs. 19A, 51);
The lumen defining a path for fluid flow (paragraph 0100);
A carrier gas inlet fluidly connected to the lumen, the carrier gas inlet being configured to receive a carrier gas (carrier gas inlet 120);
Wherein the sample outlet and the reagent outlet each extend beyond the second end of the first conduit such that the sample outlet and the reagent outlet are each disposed outside of the first conduit (Figs. 19A-B, 51).
Regarding claim 2, Badu-Tawiah discloses wherein the carrier gas inlet is integrally formed with the first conduit (paragraph 0100).
Regarding claim 4, Badu-Tawiah discloses a first fitting disposed within the lumen of the first conduit towards the first end, the first fitting being coaxial with the first conduit; the first fitting being fluid tight and having one or more ports configured to receive the sample capillary and the reagent capillary, such that the sample capillary and the reagent capillary each penetrate through the first fitting (Fig. 51).
Regarding claim 5, Badu-Tawiah discloses wherein the first fitting comprises a first port configured to receive the sample capillary and a second port configured to receive the reagent capillary (Fig. 51).
Regarding claim 10, Badu-Tawiah discloses a liquid chromatograph fluidly coupled to the sample inlet, such that the liquid chromatograph is configured to inject the fluid sample into the sample inlet (Fig. 51).
Regarding claim 11, Badu-Tawiah discloses wherein the sample capillary comprises a section disposed between the sample inlet and the first end of the first conduit, said section being grounded (paragraph 0238).
Regarding claim 16, Badu-Tawiah discloses wherein the sample capillary comprises fused silica (paragraph 0003).
Regarding claim 17, Badu-Tawiah discloses wherein the reagent inlet is fluidly coupled to a reagent source (Fig. 51).
Regarding claim 18, Badu-Tawiah discloses a pump fluidly coupled to the reagent source and the reagent inlet, the pump being configured to inject the fluid reagent into the reagent inlet (Fig. 51, syringe pump).
Regarding claim 21, Badu-Tawiah discloses wherein the reagent capillary comprises fused silica (paragraph 0004).
Regarding claim 22, Badu-Tawiah discloses wherein the first conduit comprises stainless steel (paragraph 0229).
Regarding claim 26, Badu-Tawiah discloses wherein the electrospray emitter device further comprises an analyzer positioned to receive an electrosprayed sample from the sample outlet and the reagent outlet (paragraph 0009).
Regarding claim 27, Badu-Tawiah discloses wherein the analyzer comprises a mass spectrometer (paragraph 0009).
Claim 28 is drawn to the method for using the apparatus of claim 1, and the same rejection applies mutatis mutandis.
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.
Claim(s) 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Badu-Tawiah.
Regarding claims 14 and 19, although Badu-Tawiah does not specify the average internal diameter of the sample or reagent capillary, one of ordinary skill in the art of LC/MS would recognize that the sample and reagent capillary diameters are a result-effective variable in an LC/MS system like Badu-Tawiah’s, and the selection of an average internal diameter of from 50 microns to 200 microns would have obvious to one of ordinary skill in the art as a matter of routine optimization of a result-effective variable with predictable results.
Allowable Subject Matter
Claims 6, 7, 23, and 25 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: the prior art fails to teach the limitations of a second conduit disposed around a second portion of the sample capillary and a second portion of the reagent capillary; the second conduit comprising a wall defining a lumen; the second conduit extending from a proximal end to a distal end opposite and axially spaced apart from the proximal end; the lumen defining a path for fluid flow terminating in a gas outlet at the distal end’ wherein the proximal end of the second conduit is disposed within the lumen of the first conduit and the distal end of the second conduit extends beyond the second end of the first conduit, such that the first conduit is disposed around a portion of the second conduit and the distal end of the second conduit is disposed outside of the first conduit; wherein the sample outlet and the reagent outlet each extend beyond the distal end of the second conduit such that the sample outlet and the reagent outlet are each disposed outside of the second conduit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P MASKELL whose telephone number is (571)270-3210. The examiner can normally be reached M-F 10A-6P.
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/MICHAEL MASKELL/Primary Examiner, Art Unit 2878 24 September 2026
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