Prosecution Insights
Last updated: August 06, 2026
Application No. 18/992,428

ION MOBILITY SPECTROMETER, AND METHOD FOR ANALYSING SUBSTANCES

Non-Final OA §102§103§112
Filed
Jan 08, 2025
Priority
Jul 11, 2022 — DE 10 2022 117 190.6 +1 more
Examiner
MAINI, RAHUL
Art Unit
Tech Center
Assignee
Gottfried Wilhelm Leibniz Universität Hannover
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
12m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
289 granted / 387 resolved
+14.7% vs TC avg
Strong +19% interview lift
Without
With
+18.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
9 currently pending
Career history
397
Total Applications
across all art units

Statute-Specific Performance

§101
4.6%
-35.4% vs TC avg
§103
51.5%
+11.5% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 387 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/08/2026 is being considered by the examiner. Claim Objections Claims 1, 8 and 13 are objected to because of the following informalities: In Claim 1, Line 17, the Examiner suggests amending the limitation to recite “on a first [[the]] side.” In Claim 8, “a first modification electrode arrangement” already has antecedent basis in Claim 6. In Claim 13, Line 5, the Examiner suggests amending the limitation to recite “a constant component”. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claim 8 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Regarding Claim 8, "the first modification electrode" does not have antecedent basis. It is unclear whether "the first modification electrode" is the same or different from the "first modification electrode arrangement". 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 1-3, 6-9, 11, 14, 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Atkinson (US 2011/0300638, Pub Dec 8, 2011, herein Atkinson '638). Regarding Claim 1, Atkinson '638 teaches: An ion mobility spectrometer (ion mobility spectrometer [0002]) comprising: at least one ion packet provision device (4 & 21) configured to provide packets of ions in succession separated from one another at time intervals (Ionization source 4 and electrostatic gate 21 together are the "ion packet provision device". Ionization source 4 produces ions [0011] and electrostatic gate 21 is controlled by control unit 22 to admit the ions into the drift region 20 in a timed fashion [0018].); an ion detector (ion detector 23 [0013]); at least one drift chamber (drift region 20 [0013]) through which ions from one or more of the packets of ions are guided over a predetermined distance (distance between electrostatic gate 21 to ion detector 23) in a drift direction (ions are drawn from the left to the right of the drift regions 20 using the electrode pairs 25 [0014]) to the ion detector (23), wherein the at least one drift chamber discharges the ions at the ion detector (The ion detector 23 detects the ions by accepting the electrons of the ions - "discharging the ions" - which creates an electrical current that is detected [0013].); and an ion modification area (the area between ion modifier grids 30 and 31 [0015]) positioned between the ion packet provision device (4 & 21) and the at least one drift chamber (20), wherein the ion modification area comprises an input electrode arrangement (ion modifier grid 30 [0015]) on a first the side (left side) facing toward the ion packet provision device (4 & 21) and an output electrode arrangement (ion modifier grid 31 [0015]) on a second side (right side) facing toward the at least one drift chamber (20); and a modification chamber for receiving ions (the area between the ion modifier grids 30 & 31 [0015]) is arranged between the input electrode arrangement (30) and the output electrode arrangement (31), wherein the ion modification area is configured to carry out one or more modifications on the ions located in the modification chamber (Control unit 22 applies a high voltage between the ion modifier grids 30 and 31 that is sufficient to modify the nature of any ions in the space in between the grids, including the modification of fragmentation of the ions or removing dopant adducts from the ions or the modifications heating, radiation, electrical discharge, magnetic fields or lasers [0031-0032].). Regarding Claim 2, Atkinson '638 teaches: the at least one the ion packet provision device (4 & 21) has a cyclically operated ion source (the ions are admitted in a timed fashion by the electrostatic gate 21 [0018]) and/or a continuously operated ion source. Regarding Claim 3, Atkinson '638 teaches: the at least one ion packet provision device (4 & 21) has a cyclically operated ion gate (the doped ions are admitted in a timed fashion by the electrostatic gate 21 [0018]). Regarding Claim 6, Atkinson '638 teaches: a first modification electrode arrangement (Ion modifier grids 30 & 31), by which an electrical field parallel to a drift direction of the ions is generatable in the modification chamber (The ions pass through the grids 30 & 31 axially along the ion flow path - "parallel to a drift direction of the ions" [0015]. A high field is applied to the grids 30 & 31 - "electric field" [0015].). Regarding Claim 7, Atkinson '638 teaches: the first modification electrode arrangement (30 & 31) is entirely or partially formed by one or more electrodes of the input electrode arrangement (30) and/or the output electrode arrangement (31). Regarding Claim 8, Atkinson '638 teaches: a first modification electrode arrangement (30 & 31) is present in the modification chamber (the portion of drift cell 1 where grids 30 & 31 are disposed including grids 30 & 31 and the space in between), wherein the first modification electrode comprises at least one electrode (The electrode pairs 25 - "at least one electrode" - that are near grids 30 & 31 [0014]) spaced apart from the input electrode arrangement (30) and the output electrode arrangement (31), wherein the modification chamber is divided by the first modification electrode arrangement into at least one first partial chamber (The space from grid 30 to the halfway point between grid 30 and 31) facing toward the input electrode arrangement (30) and at least one second partial chamber (The space from the halfway point between grid 30 and 31 to grid 31) facing toward the output electrode arrangement (31). Regarding Claim 9, Atkinson '638 teaches: a second modification electrode arrangement (The electrode pairs 25 - "at least one electrode" - that are near grids 30 & 31 [0014]) present at the ion modification area configured to generate in the modification chamber (the portion of drift cell 1 where grids 30 & 31 are disposed including grids 30 & 31 and the space in between) an electrical field orthogonal (the electric field generated by electrode pairs 25 is orthogonal to the left-right direction) to the drift direction (left right direction) of the ions. Regarding Claim 11, Atkinson '638 teaches: A method for analyzing substances by ion mobility spectrometry by means of an ion mobility spectrometer as claimed in claim 1 (see rejection of Claim 1) comprising modifying ions in the modification chamber (space between grids 30 & 31) by one or more of modification types I),II),III), IV) (see below), and V), before the ions are moved through the drift chamber (20) to the ion detector (23): I) displacing at least one species from the ions present in a direction deviating from the drift direction, II) reducing or increasing a drift speed of at least one species from the ions present in the drift direction or displacing at least one species from the ions present in the drift direction, III) reducing or dissolving a cluster formation of the ions and molecules, IV) fragmenting the ions (fragmentation of the ions by grids 30 & 31 [0015]), and V) promoting chemical reactions and/or cluster formation of the ions. Regarding Claim 14, Atkinson '638 teaches: one or more of the modification types I), II), III), IV), and V) are at least partially carried out by heating an interior of the modification chamber and/or the ions located in the interior of the modification chamber therein (ion modifiers involving heating can be applied [0016]). Regarding Claim 17, Atkinson '638 teaches: alternately recording an ion mobility spectra with and without modification of the ions in the modification chamber (When the ion modifier grids 30 and 31 are inoperative, then doped and unfragmented ions are detected by the collector plate 23, and when ion modifier grids 30 and 31 are operative then doped and fragmented ions are detected by the collector plate 23 [0019]). Regarding Claim 19, Atkinson '638 teaches: the first modification electrode arrangement (30 & 31) is formed by electrodes of one or more of the input electrode arrangement (30) and output electrode arrangement (31)closest to the modification chamber (space between 30 & 31). 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 4, 10, 12-13 15-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Atkinson ‘638 in view of Eiceman et al. (US 2018/0158665, Pub Jun 7, 2018, herein Eiceman). Regarding Claim 4, Atkinson '638 does not teach the limitations. However, Eiceman teaches: The Examiner is combining Atkinson '638 in view of Eiceman by moving the outlet 11 of the doping circuit 8 from the reaction region 5 to the modification region between ion modification grids 30 and 31 of Atkinson '638 in a similar way as taught in Figure 2 Eiceman, which has dopant injection system 202 go directly into fragmentation/modification region 118. a supply connection (dopant injection system 202 [0033] Fig 2) is present on the ion modification area (fragmentation region 118 [0033]) configured to introduce at least one further substance (dopants [0033]), into the modification chamber (space defined by 118). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Atkinson '638 in view of Eiceman by having a supply connection is present on the ion modification area configured to introduce at least one further substance, into the modification chamber because it is applying a known technique to a known device ready for improvement to yield the predictable result of providing a streamlined instrument design that prevents unwanted premature reactions in the reaction region, and also enhances fragmentation efficiency by having to dopants actively participate in ion-molecule reactions right as the ions fragment which improves the overall yield of product ions and also directing the fragmentation towards desired pathways yielding more analytical information or creating a purer beam of target ions. Regarding Claim 10, Atkinson '638 does not teach the limitations. However, Eiceman teaches: an extension (space between fragmentation region 118 and second ion shutter 134 [0017] Fig 2) of the modification chamber (118) or partial chambers facing toward an input electrode arrangement or an output electrode arrangement in the direction of the drift movement of the ions corresponds to at least one times a value of a full width at half maximum of the ion packet of the ions to be analyzed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Atkinson '638 in view of Eiceman by having an extension of the modification chamber or partial chambers facing toward an input electrode arrangement or an output electrode arrangement in the direction of the drift movement of the ions corresponds to at least one times a value of a full width at half maximum of the ion packet of the ions to be analyzed because it allows for selected fragmented ions to enter the drift region while preventing unselected fragmented ions to not enter the drift region as taught by Eiceman [0028]. Regarding Claim 12, Atkinson '638 may suggest but does not explicitly teach an alternating field. However, Eiceman teaches: one or more of the modification types I),II), III), IV), and V) are at least partially carried out by generating an electrical alternating field in the modification chamber (a HV RF electric field is applied to fragment the ions [0016] Fig 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Atkinson '638 in view of Eiceman by having one or more of the modification types I),II), III), IV), and V) are at least partially carried out by generating an electrical alternating field in the modification chamber because alternating fields are known to modify the ions by fragmenting them to decrease the false alarm rate created by ions from different compounds sharing similar drift times [0003-0004]. Regarding Claim 13, Atkinson '638 does not teach the limitations. However, Eiceman teaches: preparing the ions for modification in the modification chamber by generating initially an electrical field having a constant in the ion modification area sufficient to move modified ions from a direction of an input electrode arrangement into the modification chamber, and then, when sufficient ions are located in the modification chamber, the constant component of the electrical field is reduced to zero (Sequentially lower voltages are applied to electrodes E1-E7 to send ions from drift region 116 into fragmentation region 118. Towards the middle of the fragmentation region an electric field is not applied[0025] Fig 2.), or by adjusting the constant component of the electrical field, a movement of at least one ion species to be modified, arising due to a superimposed electrical alternating field in the modification chamber is canceled out, or by adjusting the constant component of the electrical field, an average movement of all ion species arising due to a superimposed electrical alternating field in the modification chamber is minimized. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Atkinson '638 in view of Eiceman by having preparing the ions for modification in the modification chamber by generating initially an electrical field having a constant in the ion modification area sufficient to move modified ions from a direction of an input electrode arrangement into the modification chamber, and then, when sufficient ions are located in the modification chamber, the constant component of the electrical field is reduced to zero, or by adjusting the constant component of the electrical field, a movement of at least one ion species to be modified, arising due to a superimposed electrical alternating field in the modification chamber is canceled out, or by adjusting the constant component of the electrical field, an average movement of all ion species arising due to a superimposed electrical alternating field in the modification chamber is minimized because it allows for the regulation of velocities of ions as taught by Eiceman [0025]. Regarding Claim 15, Atkinson '638 does not teach the limitations. However, Eiceman teaches: The Examiner is combining Atkinson '638 in view of Eiceman by moving the outlet 11 of the doping circuit 8 from the reaction region 5 to the modification region between ion modification grids 30 and 31 of Atkinson '638 in a similar way as taught in Figure 2 Eiceman, which has dopant injection system 202 go directly into fragmentation/modification region 118. one or more of the modification types I), II), III), IV) (ion fragmentation [0016]), and V) are at least partially carried out by adding a further substance (dopants [0033]) through a supply connection (dopant injection system 202 [0033] Fig 2) into the modification chamber (space defined by fragmentation area 118). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Atkinson '638 in view of Eiceman by having one or more of the modification types I), II), III), IV), and V) are at least partially carried out by adding a further substance through a supply connection into the modification chamber because alternating fields are known to modify the ions by fragmenting them to decrease the false alarm rate created by ions from different compounds sharing similar drift times as taught by Eiceman [0003-0004]. Regarding Claim 16, Atkinson '638 teaches: the further substance (dopant [0005]) is a substance to be analyzed by ion mobility spectrometry (when grids 30 & 31 are not activated then the dopant is collected by collector plate 23 [0019]), wherein the further substance is supplied so as to form analyte ions to be analyzed with ions provided (the doped ions - "analyte ions" - arrive at the collector plate 23 to be analyzed [0020]) by the ion packet provision device (4 & 21) and transported into the modification chamber (area between grids 30 & 31). Regarding Claim 18, Atkinson '638 teaches: the at least one further substance is a gaseous substance (dopant gas [0012]). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Atkinson ‘638 in view of Eiceman and further in view of Atkinson et al. (US 2010/0127164, Pub May 27, 2010, herein Atkinson '164). Regarding Claim 5, Atkinson '638 and Eiceman do not teach the limitations. However, Atkinson '164 teaches: The Examiner is combining Atkinson '638 and Eiceman in view of Atkinson '164 by placing connection 272 of flow path 270 of '638 between grids 30 & 31 of '638, which has been modified by Eiceman in Claim 4. an outlet connection (inlet 272 of the flow path 270 removes air from the ion modification region defined by grids 23 & 24 [0014] Fig 2) present on the ion modification area (region defined by grids 23 & 24) opposite to the supply connection (see explanation above), wherein the outlet connection wherein the outlet connection (272) is configured to discharge the at least one further substance supplied via the supply connection from the modification chamber (Air is dried and cleaned of dopants by the action of molecular filter unit 274 [0006],[0014]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Atkinson '638 and Eiceman in view of Atkinson '164 by having an outlet connection present on the ion modification area opposite to the supply connection, wherein the outlet connection wherein the outlet connection is configured to discharge the at least one further substance supplied via the supply connection from the modification chamber because it allows for the analysis of purely undoped ions using the ion mobility spectrometer [0006]. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Atkinson ‘638 in view of Eiceman and further in view of Atkinson et al. (US 2016/0203967 A1, Pub Jul 14, 2016, herein Atkinson '967). Regarding Claim 20, Atkinson '638 and Eiceman do not teach the limitations. However, Atkinson '967 teaches: the alternating electrical field is asymmetrical or symmetrical (Ion modifier electrodes 126 & 127 may be applied with asymmetric voltages to reduce unwanted coupling of RF electric fields to reduce unwanted coupling of RF fields with other components of the spectrometer [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Atkinson '638 and Eiceman in view of Atkinson '967 by having the alternating electrical field is asymmetrical or symmetrical because asymmetric fields reduce unwanted coupling of RF fields with other components of the spectrometer as taught by Atkinson '967 [0026]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHUL MAINI whose telephone number is (571)270-1099. The examiner can normally be reached M-Th, 9am-4pm, EST. 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, Eman Alkafawi can be reached at 571-272-4448. 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. /R.M/Examiner, Art Unit 2858 07/14/2026 /A.A/Primary Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

Jan 08, 2025
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
94%
With Interview (+18.9%)
2y 6m (~12m remaining)
Median Time to Grant
Low
PTA Risk
Based on 387 resolved cases by this examiner. Grant probability derived from career allowance rate.

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