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 –
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gunther et al (US2014/0287953A1).
As to claim 1, Gunther et al disclose (fig. 5) an autofocusing apparatus for laser ablation (laser ablation) inductively coupled plasma mass spectrometry (LA-ICP-MS), (paragraphs [0065]-[0067]) comprising: a movable sample stage (5), (paragraph [0062]); an optical microscope (SEM, scanning electron microscope, optical microscopy) for inspection (evaluate, analyze) of a sample (sample), (paragraphs [0152], [0168]); a laser ablation sampling system (LA-ICPMS system), (paragraph [0062]); a gas conduit (11, 61) coupling the laser ablation sampling system (LA-ICPMS) to an ICP ionization system (6), (paragraphs [0062]); a mass spectrometer (7), (paragraph [0062]); and an autofocus system (1) comprising: an illumination source (40), (paragraph [0062]); and an autofocus sensor (detector), (paragraph [0089]); wherein the autofocus system (system) provides multiple spots (spots), (paragraph [0086]) that may impinge on the autofocus sensor (detector), (paragraph [0089]); wherein the sampling system (LA-ICPMS) and the autofocus system (1) are confocal; and wherein the system (1) is configured to provide autofocusing (be able to change the position of the sample relative to the laser beam) during a sample (23) run by adjusting the position (change the position of the sample 23) of the sample stage (5) based on the multiple points (laser focus points) of illumination (laser spots, images), (paragraphs [0084], [0086]).
As to claim 2, Gunther et al disclose (fig. 5) a method of autofocusing using the apparatus comprising sampling based on autofocusing (X-Y-Z stage 5 able to change the position of the sample relative to the laser beam), (paragraph [0062]) defines autofocusing using the apparatus comprising sample based on autofocusing.
As to claim 3, Gunther et al disclose (fig. 5) the method further comprising autofocusing (X-Y-Z stage 5 able to change the position of the sample relative to the laser beam defines autofocusing), (paragraph [0062]) based on alignment of spots (sample spots, images), (paragraph [0086]) detected by the autofocus sensor (detector), (paragraph [0089]).
As to claim 4, Gunther et al disclose (fig. 5) the method wherein autofocusing (X-Y-Z stage 5 able to change the position of the sample relative to the laser beam defines autofocusing), (paragraph [0062]) is based on an offset between the spots (sample spots, images), (paragraph [0086]).
As to claim 5, Gunther et al disclose (fig. 5) the method wherein autofocusing (X-Y-Z stage 5 able to change the position of the sample relative to the laser beam defines autofocusing), (paragraph [0062]) is based on coincidence of spots (sample spots, images), (paragraph [0086]) on the autofocus sensor (detector), (paragraph [0089]).
As to claim 6, Gunther et al disclose (fig. 5) the method further comprising autofocusing (X-Y-Z stage 5 able to change the position of the sample relative to the laser beam defines autofocusing), (paragraph [0062]) based on the number of spots (sample spots), (paragraph [0086]) detected by the autofocus sensor (detector), (paragraph [0089]).
As to claim 7, Gunther et al disclose (fig. 5) the method further comprising autofocusing (X-Y-Z stage 5 able to change the position of the sample relative to the laser beam defines autofocusing), (paragraph [0062]) based on the uniformity of spots (sample spots, images), (paragraph [0086]) detected by the autofocus sensor (detector), (paragraph [0089]).
As to claim 8, Gunther et al disclose (fig. 5) the method further comprising sampling mass tags (labelling atoms, targets) from a biological sample (biological sample 23), (paragraphs [0066]-[0067]).
As to claim 9, Gunther et al disclose (fig. 5) the method further comprising labelling the biological sample with a labelling atom (labelling atom) conjugated to a specific binding pair (SBP) member (target molecule), (paragraphs [0067]-[0068]).
As to claim 10, Gunther et al disclose (fig. 5) the method wherein the SBP member (target molecule) comprises an antibody (antibody), (paragraph [0068]).
As to claim 11, Gunther et al disclose (fig. 5) the method wherein the labelling atom (labelling atom) is a metal tag (labelling atom, (paragraphs [0067]-[0068]).
As to claim 12, Gunther et al disclose (fig. 5) the method wherein the labelling atom (labelling atom) is an enriched metal isotope (labelling atom), (paragraph [0067]).
As to claim 13, Gunther et al disclose (fig. 5) a method of autofocusing and sampling using a laser ablation inductively coupled plasma mass spectrometry apparatus (LA-ICP-MS apparatus), (paragraph [0062]), the method comprising: (a) using an illumination source (40) to illuminate a sample (23) with multiple separate beams (laser beam) of radiation (laser beam), (paragraph [0062]); (b) using an autofocus sensor (detector) to detect at least some of the multiple separate beams (laser beam) illuminating the sample (sample 23), (paragraph [0062]); (c) autofocusing a sampling laser (40) based on the autofocus sensor's (detector) detection of at least some of the multiple separate beams (laser beam) illuminating the sample (sample 23), wherein the sampling laser (40) is confocal with at least one of an autofocus component (5), (paragraph [0062]) and the autofocus sensor (detector), (paragraph [0089]); (d) using the confocal sampling laser (40) to ablate (ablate) the sample (sample 23), (paragraph [0062]).
As to claim 14, Gunther et al disclose (fig. 5) the method wherein using the illumination source (40) to illuminate the sample (23) with multiple separate beams of radiation (laser beam) comprises using the illumination source (40) to emit radiation (laser beam) that is transmitted through multiple spaced apart apertures (inner diameter of flow channel 11) in the autofocus component (5) to focus the multiple separate beams radiation (laser beam) onto the sample (sample 23), (paragraph [0062]).
As to claim 15, Gunther et al disclose (fig. 5) the method wherein the sampling laser (40) is confocal with the autofocus component (5), (paragraph [0062]) and the autofocus sensor (detector), (paragraph [0089]).
As to claim 16, Gunther et al disclose (fig. 5) the method wherein autofocusing the sampling laser (40) comprises adjusting a position of a sample stage (5), (paragraph [0062]).
As to claim 17, Gunther et al disclose (fig. 5) the method wherein using the autofocus sensor (detector), (paragraph [0089]) to detect at least some of the multiple separate beams (laser beam) illuminating the sample (23), (paragraph [0062]) comprises using the autofocus sensor (detector), (paragraph [0089]) to detect spots (sample spots), (paragraph [0086]).
As to claim 18, Gunther et al disclose (fig. 5) the method wherein autofocusing the sampling laser (40) based on the autofocus sensor's detection (detector) of at least some of the multiple separate beams (laser beam) illuminating the sample (23) comprises autofocusing the sampling laser (40) based on at least one of: (i) an offset between the spots (sampling spots) detected by the autofocus sensor (detector), (paragraph [0089]).
As to claim 19, Gunther et al disclose (fig. 5) the method wherein using the confocal sampling laser (40) to ablate (ablate) the sample (23) comprises ablating (ablating) a biological sample (biological sample) comprising mass tags (labelling atoms, targets), (paragraphs [0062], [0067]-[0068]).
As to claim 20, Gunther et al disclose (fig. 5) the method wherein ablating the biological sample (biological sample 23) comprising mass tags (labelling atoms, targets) comprises ablating (1) a biological sample (biological sample 23) labeled with a labelling atom (labelling atom) conjugated to a specific binding pair (SBP) member (binds specifically to the target molecule), (paragraphs [0062], [0067]-[0068]).
Conclusion
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/DON J WILLIAMS/Examiner, Art Unit 2878
/GEORGIA Y EPPS/Supervisory Patent Examiner, Art Unit 2878