Carl Zeiss SMT GmbH et al.

Patent Trials and Appeals Board

Aug 26, 2020

2019006410 (P.T.A.B. Aug. 26, 2020)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
15/244,720 08/23/2016 Hin Yiu Anthony Chung 36068-0007002 5505
26161 7590 08/26/2020
FISH & RICHARDSON P.C. (BO)
P.O. BOX 1022
MINNEAPOLIS, MN 55440-1022
EXAMINER
STOFFA, WYATT A
ART UNIT PAPER NUMBER
2881
NOTIFICATION DATE DELIVERY MODE
08/26/2020 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
PATDOCTC@fr.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte HIN YIU ANTHONY CHUNG, MICHEL ALIMAN,
GENNADY FEDOSENKO, and ALBRECHT RANCK
Appeal 2019-006410
Application 15/244,720
Technology Center 2800
Before TERRY J. OWENS, N. WHITNEY WILSON, and
MERRELL C. CASHION, JR., Administrative Patent Judges.
OWENS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), the Appellant1 appeals from the
Examiner’s decision to reject claims 34–37. We have jurisdiction under
35 U.S.C. § 6(b).
We REVERSE.

1 We use the word Appellant to refer to “applicant” as defined in
37 C.F.R. § 1.42(a). The Appellant identifies the real party in interest as
Carl Zeiss SMT GmbH (Appeal Br. 1).
Appeal 2019-006410
Application 15/244,720
2
CLAIMED SUBJECT MATTER
The claims are directed to METHOD FOR MASS
SPECTROMETRIC EXAMINATION OF GAS MIXTURES AND MASS
SPECTROMETER THEREFOR. Claim 34, reproduced below, is
illustrative of the claimed subject matter.
34. A mass spectrometer, comprising:
an ionizer configured to provide charged particles or a
plasma;
a gas reservoir configured to store an ionization gas;
a gas feed configured to deliver the ionization gas from
the gas reservoir to the ionizer; and
a three dimensional ion trap configured to store ions,
wherein the mass spectrometer is configured so that
during use of the mass spectrometer:
external to the three dimensional ion trap, the ionization
gas is delivered from the gas reservoir to the ionizer so that the
ionization gas interacts with charged particles or is exposed to
the plasma provided by the ionizer to produce a product
comprising at least one member selected from the group
consisting of ions of the ionization gas and metastable particles
of the ionization gas;
the product is transferred from the ionizer to the three
dimensional ion trap;
in the three dimensional ion trap, the product ionizes a
gas mixture to provide an ionized gas mixture; and
the three dimensional ion trap mass spectrometrically
examines the ionized gas mixture.
REFERENCE
The prior art relied upon by the Examiner is:
Name Reference Date
Baba US 2007/0023648 A1 Feb 1, 2007

Appeal 2019-006410
Application 15/244,720
3
REJECTION
Claims 34–37 stand rejected under 35 U.S.C. § 102(b) over Baba.
OPINION
We need address only claim 34, which is the sole rejected independent
claim. That claim requires a mass spectrometer having a three dimensional
ion trap wherein an ionizer product can ionize a gas mixture to provide an
ionized gas mixture.
“Anticipation requires that every limitation of the claim in issue be
disclosed, either expressly or under principles of inherency, in a single prior
art reference.” Corning Glass Works v. Sumitomo Elec. U.S.A., Inc., 868
F.2d 1251, 1255–56 (Fed. Cir. 1989).
Baba discloses a mass spectrometer having an ionizer (Fig. 6,
items 107–123; Para. 76), a three dimensional ion trap (Fig. 6, items 125–
127; Para. 82), and an ion detector (Fig. 6, item 129; Para. 82). In the
ionizer, molecules (G) of reagent gas (which corresponds to the Appellant’s
ionization gas 30; Fig. 4) capture an electron emitted from a tungsten
filament (107) to form primary ions (G-) which chemically ionize
molecules (M) of sample gas (which corresponds to the Appellant’s gas
mixture 2; Fig. 4) to form sample ions (M-) which are captured inside the
three dimensional ion trap and are discharged from that trap to the ion
detector (Paras. 81, 82).
The Examiner finds that “in [Baba’s] three dimensional ion trap, the
product ions of the ionization gas ionizes a gas mixture to provide an ionized
gas mixture” (Ans. 7).
That finding is incorrect. Baba’s reagent gas (G) product ions ionize
the sample gas (M) in the ionizer, not in the three dimensional ion trap
Appeal 2019-006410
Application 15/244,720
4
(Para. 81). The Examiner has not established that Baba’s mass spectrometer
is capable of sample gas molecule (M) ionization by reagent gas ions (G-) in
the three dimensional ion trap. The Examiner, therefore, has not shown that
Baba discloses, expressly or inherently, every limitation in the Appellant’s
sole independent claim on appeal. Accordingly, we reverse the rejection.
CONCLUSION
The Examiner’s rejection is reversed.
DECISION SUMMARY
In summary:
Claims
Rejected
35 U.S.C.
§
Reference(s)/Basis Affirmed Reversed
34–37 102(b) Baba 34–37

REVERSED