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.
Claims 1, 8, 10, 16, 23 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hunter (US 20160349210 A1).
Regarding claim 1, Hunter teaches a system for performing high throughput ([0049]) mass spectrometry, comprising:
A controller (processor 230) configured to select a first set of system parameter values (precursor ion masses for primary and secondary MRM transitions, [0006]) and determine a second set of system parameter values based on the first set of system parameter values (determining mobility device parameter values for each MRM transition, [0006]), wherein:
The first set of system parameter values is a range of mass values; and
The second set of system parameter values is:
The set of mobility parameter values, and different from the first set of system parameter values;
An ion mobility separation device (IMSD) (ion mobility device 210) configured to:
Receive a plurality of ions from an upstream ion source (205, fig. 2);
Receive the plurality of ion mobility parameter values from the controller (as part of MRM cycle list, [0057]); and
Perform an ejection of a set of target ions from the plurality of ions by adjusting a set of mobility control parameters to the set of mobility parameter values (apply mobility device parameter value to mobility device 210, [0057]); and
A mass analyzer (mass spectrometer 220) positioned downstream of the IMSD (fig. 2) and configured to:
Receive the set of target ions;
Receive the range of mass values from the controller (as part of MRM cycle list, [0057]); and
Analyze the set of target ions by scanning the range of mass values (interrogate MRM transition, [0057]; for each precursor ion).
Regarding claim 8, Hunter teaches that the controller is configured to select the range of mass values and determine the set of mobility parameter values based on the range of mass values.
Regarding claim 10, Hunter teaches that the IMSD comprises a differential mobility spectrometer ([0002]).
Regarding claim 16, Hunter teaches a method of performing high throughput ([0049]) mass spectrometry, comprising:
Selecting, by a controller (processor 230) a first set of system parameter values (precursor ion masses for primary and secondary MRM transitions, [0006]) and determining, by the controller, a second set of system parameter values based on the first set of system parameter values (determining mobility device parameter values for each MRM transition, [0006]), wherein:
The first set of system parameter values is a range of mass values; and
The second set of system parameter values is:
The set of mobility parameter values, and different from the first set of system parameter values;
Receiving, by an ion mobility separation device (IMSD) (ion mobility device 210) a plurality of ions from an upstream ion source (205, fig. 2);
Performing an ejection of a set of target ions from the plurality of ions by adjusting a set of mobility control parameters to the set of mobility parameter values (apply mobility device parameter value to mobility device 210, [0057]); and
Receiving, by a mass analyzer (mass spectrometer 220, fig 2) the set of target ions; and
Analyzing, by the mass analyzer, the set of target ions by scanning the range of mass values (interrogate MRM transition, [0057]; for each precursor ion).
Regarding claim 23, Hunter teaches that the controller is configured to select the range of mass values and determine the set of mobility parameter values based on the range of mass values.
Regarding claim 25, Hunter teaches that the IMSD comprises a differential mobility spectrometer ([0002]).
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 1-4, 6, 9, 12, 14-19, 21, 24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Le Blanc (US 20200355647 A1) in view of Campbell (US 20170248548 A1).
Regarding claim 1, Le Blanc teaches a system for performing high throughput mass spectrometry, the system comprising:
A controller (processor 1030) configured to select a first set of system parameter values (predetermined list of CoV/compensation voltage values, [0100]) and a second set of parameter values (precursor mass range, [0100]), wherein:
The first set of system parameter values is a set of mobility parameter values; and
The second set of system parameter values is:
A range of mass values, and different from the first set of system parameter values;
An ion mobility separation device (DMS device 1010) configured to:
Receive a plurality of ions from an upstream ion source (1050);
Receive the set of mobility parameter values from the controller ([0102]); and
Perform an ejection of a set of target ions of the plurality of ions by adjusting a set of mobility control parameters to the set of mobility parameter values; and
A mass analyzer (mass spectrometer 1020) positioned downstream of the IMSD and configured to:
Receive the set of target ions;
Receive the range of mass values from the controller; and
Analyze the set of target ions by scanning the range of mass values or stepping across the range of mass values (precursor mass scan, [0113]).
Le Blanc does not teach that the second set of system parameter values is based on the first set of system parameter values.
Campbell teaches a mass spectrometry system which operates using a set of mobility parameters and a set of mass values that is related to the mobility parameters (m/z vs CoV ranges found by survey scan, fig. 4, [0042-0045]).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Le Blanc by adjusting the scanned mass range for each of the stepped compensation voltage ranges, based on existing relationship data found via a survey scan as taught by Campbell, in order to avoid scanning CoV vs. m/z pair values without useful ion information and so maximize the use of time spent doing MS/MS as described by Campbell.
Regarding claim 2, Le Blanc teaches that the controller is configured to select the set of mobility parameter values (stepped values, fig. 9) and, in the combination with Campbell, would select the mass values to scan based on the set of mobility parameter values in order to avoid uninformative mass ranges for each CoV range as argued above.
Regarding claim 3, Le Blanc teaches that the set of mobility parameter values includes a compensation voltage.
Regarding claim 4, Le Blanc as modified by Campbell teaches that the range of mass values includes ion masses within the transmission window (formed by the compensation voltage of Le Blanc).
Regarding claim 6, Le Blanc teaches that the controller is configured to cause application of RF and DC voltages to the mass analyzer for setting the range of mass values (quadrupole 1021 implicitly is operated by setting RF and DC values).
Regarding claim 9, Le Blanc teaches that a range of mass values includes a large range of mass transitions of interest (wide precursor ion window, fig. 9) and, in the combination with Campbell, one set of parameters includes a smaller subset (the m/z values that are associated with each CoV range based on the heat map).
Regarding claim 12, Le Blanc teaches a sample introduction device (sample separation device 1040, fig. 10) for introducing a sample into an upstream ion source (1050).
Regarding claim 14, Le Blanc teaches a method of performing high throughput mass spectrometry, the method comprising:
Introducing a plurality of ions into an ion mobility separation device (IMSD) (DMS 1010);
Adjusting at least one operational parameter of the IMSD to separate the plurality of ions based on ion mobility (controlling compensation voltage CoV, [0102]); and
Setting a mass range of a downstream mass analyzer (mass filter 1021) configured to receive ions passing through the IMSD (precursor mass scan, [0113]).
Campbell teaches a mass spectrometry system which operates using a set of mobility parameters and a set of mass values that is related to the mobility parameters (m/z vs CoV ranges found by survey scan, fig. 4, [0042-0045]).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Le Blanc by adjusting the scanned mass range for each of the stepped compensation voltage ranges, based on existing relationship data found via a survey scan as taught by Campbell, in order to avoid scanning CoV vs. m/z pair values without useful ion information and so maximize the use of time spent doing MS/MS as described by Campbell.
Regarding claim 15, Campbell teaches that setting the mass range of the downstream mass analyzer comprises utilizing calibration data (heat map from survey scan, fig. 4, [0042-0045]) indicative of a correlation between the at least one operational parameter of the IMSD and mass values of ions passing through the IMSD.
Regarding claim 16, Le Blanc teaches a method for performing high throughput mass spectrometry, the system comprising:
Selecting, by a controller (processor 1030) a first set of system parameter values (predetermined list of CoV/compensation voltage values, [0100]);
Determining, by the controller, a second set of parameter values (precursor mass range, [0100]), wherein:
The first set of system parameter values is a set of mobility parameter values; and
The second set of system parameter values is:
A range of mass values, and different from the first set of system parameter values;
Receiving, by an ion mobility separation device (DMS device 1010) a plurality of ions from an upstream ion source (1050);
Performing an ejection of a set of target ions of the plurality of ions by adjusting a set of mobility control parameters to the set of mobility parameter values;
Receiving, by a mass analyzer (mass spectrometer 1020) the set of target ions; and
Analyzing, by the mass analyzer, the set of target ions by scanning the range of mass values or stepping across the range of mass values (precursor mass scan, [0113]).
Le Blanc does not teach that the second set of system parameter values is based on the first set of system parameter values.
Campbell teaches a mass spectrometry system which operates using a set of mobility parameters and a set of mass values that is related to the mobility parameters (m/z vs CoV ranges found by survey scan, fig. 4, [0042-0045]).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Le Blanc by adjusting the scanned mass range for each of the stepped compensation voltage ranges, based on existing relationship data found via a survey scan as taught by Campbell, in order to avoid scanning CoV vs. m/z pair values without useful ion information and so maximize the use of time spent doing MS/MS as described by Campbell.
Regarding claim 17, Le Blanc teaches that the controller is configured to select the set of mobility parameter values (stepped values, fig. 9) and, in the combination with Campbell, would select the mass values to scan based on the set of mobility parameter values in order to avoid uninformative mass ranges for each CoV range as argued above.
Regarding claim 18, Le Blanc teaches that the set of mobility parameter values includes a compensation voltage.
Regarding claim 19, Le Blanc as modified by Campbell teaches that the range of mass values includes ion masses within the transmission window (formed by the compensation voltage of Le Blanc).
Regarding claim 21, Le Blanc teaches that the controller is configured to cause application of RF and DC voltages to the mass analyzer for setting the range of mass values (quadrupole 1021 implicitly is operated by setting RF and DC values).
Regarding claim 24, Le Blanc teaches that a range of mass values includes a large range of mass transitions of interest (wide precursor ion window, fig. 9) and, in the combination with Campbell, one set of parameters includes a smaller subset (the m/z values that are associated with each CoV range based on the heat map).
Regarding claim 27, Le Blanc teaches a sample introduction device (sample separation device 1040, fig. 10) for introducing a sample into an upstream ion source (1050).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E SMITH whose telephone number is (571)270-7096. The examiner can normally be reached M to F 8:30 AM-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached at 22293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID E SMITH/Examiner, Art Unit 2881
