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 .
Response to Amendment
The amendment filed November 19th, 2025 has been entered. Claims 18-19, 47, & 52-54 are amended. Claims 61-70 are new. Claims 1-17, 20-21, 23-39, 41-46, 48-51, & 56-60 are canceled. Claims 18-19, 22, 40, 47, 52-55, & 61-70 remain pending.
Response to Arguments
Applicant’s arguments with respect to claims 18-19, 22, 40, 47, 52-55, & 61-70 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument; as necessitate by amendment; as necessitate by amendment.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 18, 19, 22, 40, 53-55, 61, 63-67, & 69 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 recites the limitation “wherein each electrode of the plurality of electrodes includes: a planar base portion; and a three-dimensional profile portion, the three-dimensional profile portion extending upwardly from a perimeter interface of the planar base portion and comprising an interior surface and an exterior surface, wherein a profile space is defined by the interior surface of the three-dimensional profile portion and a surface of the shaft distal portion, wherein the electrode is formed on the exterior surface of the three-dimensional profile portion” and “a first conductor lead and a second conductor lead, each of the first conductor lead and the second conductor lead electrically coupled to the electrode”. First, it is unclear how each electrodes includes “a planar base portion; and a three-dimensional profile portion, the three-dimensional profile portion extending upwardly from a perimeter interface of the planar base portion and comprising an interior surface and an exterior surface, wherein a profile space is defined by the interior surface of the three-dimensional profile portion and a surface of the shaft distal portion” but the electrode is also formed “on the exterior surface of the three-dimensional profile portion”, e.g. if the electrode includes the “a planar base portion; and a three-dimensional profile portion, the three-dimensional profile portion extending upwardly from a perimeter interface of the planar base portion and comprising an interior surface and an exterior surface, wherein a profile space is defined by the interior surface of the three-dimensional profile portion and a surface of the shaft distal portion” the electrode is formed by the “a planar base portion; and a three-dimensional profile portion, the three-dimensional profile portion extending upwardly from a perimeter interface of the planar base portion and comprising an interior surface and an exterior surface, wherein a profile space is defined by the interior surface of the three-dimensional profile portion and a surface of the shaft distal portion”, so therefore it is unclear how the electrode is also formed on the exterior surface of the three-dimensional portion, in other words, it is unclear as to which structure actually creates or forms the electrode and is electrically conductive (does the electrode/electrically conductive structure comprise all of a planar base portion; and a three-dimensional profile portion, the three-dimensional profile portion extending upwardly from a perimeter interface of the planar base portion and comprising an interior surface and an exterior surface, wherein a profile space is defined by the interior surface of the three-dimensional profile portion and a surface of the shaft distal portion” or is just the exterior surface of the three dimensional portion electrically conductive?); and furthermore it is unclear if the electrode that is “formed on the exterior surface of the three-dimensional profiled portion” is the same as or different than the electrode that includes “a planar base portion; and a three-dimensional profile portion, the three-dimensional profile portion extending upwardly from a perimeter interface of the planar base portion and comprising an interior surface and an exterior surface, wherein a profile space is defined by the interior surface of the three-dimensional profile portion and a surface of the shaft distal portion”, which renders the claim indefinite. For examination purposes the examiner is considering the electrode to be formed on an exterior surface of the three-dimensional profile portion and not formed from the three-dimensional profile portion/planar base (e.g. the electrode is separate from the three-dimensional profile portion). Second, it is unclear if “the electrode” of the limitation “a first conductor lead and a second conductor lead, each of the first conductor lead and the second conductor lead electrically coupled to the electrode” is the same as or different than the “plurality of electrodes”, as introduced in claim 18, which renders the claim indefinite. For examination purposes, the examiner is considering “the electrode” to be the plurality of electrodes. Claims 19, 22, 40, 53-55, 63-67, & 69 are rejected by virtue of their dependency on independent claim 18.
Claim 19 recites the limitation “plurality of printed temperature sensors, wherein each of the plurality of printed temperature sensors is disposed underneath a respective electrode of the plurality of electrodes within the profile space and thermally coupled to the interior surface of the three-dimensional profile portion of the respective element”. First, there is insufficient antecedent basis for the limitation “the respective element” in the claim. Second, the relationship between the plurality of printed temperature sensors, of claim 19, and the thermocouples, as introduced in claim 18, is unclear. It is unclear if each electrode of the plurality of electrodes comprise both a thermocouple and a printed temperature sensor or if the printed temperature sensor is part of the thermocouple, which renders the claim indefinite, for examination purposes the examiner is considering each electrode of the plurality of electrodes comprise both a thermocouple and a printed temperature sensor. Claims 22 & 40 are rejected by virtue of their dependency on claim 19.
Claim 22 recites the limitation “a thermocouple” it is unclear how the thermocouple is related to the thermocouple junction, as introduced in claim 18, which renders the claim indefinite. For examination purposes the examiner is considering the “a thermocouple” to be part of the thermocouple junction, as introduced in claim 18.
Claim 61 recites “wherein the tie-layer is formed from a conductive material, wherein the conductive material is a metal, further optionally wherein the metal is nickel or sputtered chrome” it is unclear if the limitation “further optionally wherein the metal is nickel or sputtered chrome” is required by the claim or not, which renders the claim indefinite. For examination purposes the examiner is considering the metal to be nickel or sputtered chrome.
Claim 63 recites “wherein the electrode is formed on top of a three-dimensional base, wherein the three-dimensional base is formed from a substrate that includes a planar base portion and a three-dimensional profile portion, wherein a tie-layer is disposed between the three-dimensional base and the electrode”; claim 18 introduces “a planar base portion; and a three-dimensional profile portion, the three-dimensional profile portion extending upwardly from a perimeter interface of the planar base portion and comprising an interior surface and an exterior surface, wherein a profile space is defined by the interior surface of the three-dimensional profile portion and a surface of the shaft distal portion, wherein the electrode is formed on the exterior surface of the three-dimensional profile portion”; it is unclear how the “a three-dimensional base”, of claim 18, is related to the three-dimensional structure, as introduced claim 18; more specifically it is unclear if “a planar base portion” and “a three-dimensional profile portion” are the same as or different than the “a planar base portion; and a three-dimensional profile portion”, as introduced in claim 18, which renders the claim indefinite. For examination purposes the examiner is considering them to be the same. Claims 64 & 65 are rejected by virtue of their dependency on claim 63.
Claim 64 recites “wherein the tie-layer is formed from a conductive material, wherein the conductive material is a metal, further optionally wherein the metal is nickel or sputtered chrome” it is unclear if the limitation “further optionally wherein the metal is nickel or sputtered chrome” is required by the claim or not, which renders the claim indefinite. For examination purposes the examiner is considering the metal to be nickel or sputtered chrome.
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 18, 53-55, 67, & 69 are rejected under 35 U.S.C. 103 as being unpatentable over Bencini et al. (US 20150342672 A1), hereinafter “Bencini”, in view of Simpson et al. (previously presented-US 6045550 A), hereinafter “Simpson”.
Regarding claim 18, as best understood in view of the 112(b) rejection above, Bencini discloses a medical device, comprising: an elongate shaft extending along a shaft longitudinal axis and comprising a shaft proximal portion and a shaft distal portion ([0055]; Figure 1—element 12); a plurality of electrodes disposed on the shaft distal portion ([0056] & [0064]; Figures 1-3—element 16/28; the examiner is considering the plurality of electrodes to be the electrodes 28 of the electrode assemblies 26), wherein each electrode of the plurality of electrodes includes: a planar base portion ([0064]; Figures 2 & 3—elements 30/34 the examiner is considering the planar base portion to be outer electrode 30 and insulation 34); and a three-dimensional profile portion, the three-dimensional profile portion extending upwardly from a perimeter interface of the planar base portion and comprising an interior surface and an exterior surface ([0064] & [0065]; Figures 2 & 3—element 32; the examiner is considering the three-dimensional profile portion to be the insulation 32 with the interior surface being the surface surround lead 36 and the outer surface being the opposite outer surface), wherein a profile space is defined by the interior surface of the three-dimensional profile portion and a surface of the shaft distal portion ([0064] & [0065]; Figures 2 & 3—element 32; the examiner is considering the profile space to be the interior space defined by the three-dimensional profile portion 32 containing lead wire 36), wherein the electrode is formed on the exterior surface of the three-dimensional profile portion ([0064]; Figure 3—element 28); a second conductor lead, each the second conductor lead electrically coupled to the electrode ([0067]; Figure 3—element 36).
Bencini does not disclose a first conductor lead, the first conductor lead electrically coupled to the electrode; and a thermocouple junction formed via a thermocouple conductor electrically coupled to the electrode and the first conductor lead, wherein the first conductor lead comprises a first conductor tip and the thermocouple conductor comprises a thermocouple tip, wherein the thermocouple junction comprises an electrical junction between the first conductor tip and the thermocouple tip.
Simpson teaches an ablation device ([Col. 7, lines 35-57]; Figure 1—element 10) comprising an electrode ([Col. 7, line 57 – Col. 8, line 11]; Figures 1 & 13—element 32), a second conductor lead electrically coupled to the electrode ([Col. 20, lines 42-65]; Figure 13—element 128) and a first conductor lead ([Col. 20, lines 42-65]; Figure 13—element 100), the first conductor lead electrically coupled to the electrode ([Col. 20, lines 42-65]; Figure 13—elements 100 & 128); and a thermocouple junction formed via a thermocouple conductor electrically coupled to the electrode and the first conductor lead ([Col. 16, lines 37-49] & [Col. 20, lines 42-65]; Figure 13—element 102), wherein the first conductor lead comprises a first conductor tip ([Col. 20, lines 42-65]; Figure 13—element 104) and the thermocouple conductor comprises a thermocouple tip ([Col. 20, lines 42-65]; Figure 13—element 106), wherein the thermocouple junction comprises an electrical junction between the first conductor tip and the thermocouple tip ([Col. 16, lines 37-49]; Figure 13—element 126).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the plurality of electrodes and second conductor leads, as disclosed by Bencini, to include a first conductor lead, the first conductor lead electrically coupled to the electrode; and a thermocouple junction formed via a thermocouple conductor electrically coupled to the electrode and the first conductor lead, wherein the first conductor lead comprises a first conductor tip and the thermocouple conductor comprises a thermocouple tip, wherein the thermocouple junction comprises an electrical junction between the first conductor tip and the thermocouple tip, as taught by Simpson, as both references and the claimed invention are directed toward ablation catheters comprising ablation electrodes and temperature sensors. As disclosed by Bencini, the plurality of electrodes may function as ablation electrodes and the plurality of electrodes may include a temperature sensor ([0065]). As disclosed by Simpson, too great a temperature at the interface between the electrode and tissue can interfere with ablation by causing clotting and boiling of blood and tissue reaching a high impedance which can block further transmission of RF energy into tissue; to avoid these undesirable effects a temperature sensor, such as a thermocouple, can be positioned on the ablation electrode in order to provide temperature feedback, during ablation, of the ablation electrode and tissue interface; the ablation electrode may be electrically connected to a second conductor lead, which conducts power to the ablation electrode for imparting ablation energy, a first conductor lead and a thermocouple conductor, wherein a thermocouple junction is formed between the first conductor tip and the thermocouple tip, and the thermocouple configuration can be applied to any ablation catheter in which monitoring temperature is important ([Col. 2, lines 10-27], [Col. 2, lines 44-55], [Col. 3, lines 54-65], [Col. 16, lines 37-49], [Col. 20, lines 42-65], & [Col. 21, lines 14-20]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the plurality of electrodes and second conductor leads, as disclosed by Bencini, to include a first conductor lead, the first conductor lead electrically coupled to the electrode; and a thermocouple junction formed via a thermocouple conductor electrically coupled to the electrode and the first conductor lead, wherein the first conductor lead comprises a first conductor tip and the thermocouple conductor comprises a thermocouple tip, wherein the thermocouple junction comprises an electrical junction between the first conductor tip and the thermocouple tip, as taught by Simpson, as such a modification would provide for a suitable temperature sensor for an ablation electrode in order to provide temperature feedback, of the ablation electrode and tissue interface, during ablation, which can aid in prevent undesirable effects such as clotting and boiling of blood, and tissue reaching a high impedance which can block further transmission of RF energy into tissue.
Regarding claim 53, Bencini in view of Simpson disclose all of the limitations of claim 18, as described above.
Bencini further discloses wherein the second conductor lead of each electrode of the plurality electrodes is disposed between the shaft distal portion and the respective electrode ([0067]; Figure 3—element 36).
Bencini does not disclose wherein the first conductor lead, and the thermocouple conductor of each electrode of the plurality electrodes are disposed between the shaft distal portion and the respective electrode.
Simpson further teaches wherein the first conductor lead, and the thermocouple conductor of each electrode of the plurality electrodes are disposed between the shaft distal portion and the respective electrode ([Col. 7, line 58 – Col. 8, line 11] & [Col. 20, lines 42-65]; Figure 13—elements 32, 100, 102, & 128; as the first conductor lead 100, second conductor lead 128, and thermocouple conductor 128 are connected to an inside surface of the electrode 32, and the electrode 32 is disposed on the shaft distal portion 34; it is the examiners position that at least a portion of the first conductor lead, the second conductor lead, and the thermocouple conductor would be disposes between the shaft distal portion and the electrode).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the plurality of electrodes and second conductor leads, as disclosed by Bencini, to include the thermocouple junction wherein the first conductor lead, and the thermocouple conductor of each electrode of the plurality electrodes are disposed between the shaft distal portion and the respective electrode, as further taught by Simpson, as both references and the claimed invention are directed toward ablation catheters comprising ablation electrodes and temperature sensors. As disclosed by Bencini, the plurality of electrodes may function as ablation electrodes and the plurality of electrodes may include a temperature sensor ([0065]). As disclosed by Simpson, too great a temperature at the interface between the electrode and tissue can interfere with ablation by causing clotting and boiling of blood and tissue reaching a high impedance which can block further transmission of RF energy into tissue; to avoid these undesirable effects a temperature sensor, such as a thermocouple, can be positioned on the ablation electrode in order to provide temperature feedback, during ablation, of the ablation electrode and tissue interface; the ablation electrode may be electrically connected to a second conductor lead, which conducts power to the ablation electrode for imparting ablation energy, a first conductor lead and a thermocouple conductor, wherein a thermocouple junction is formed between the first conductor tip and the thermocouple tip, and the thermocouple configuration can be applied to any ablation catheter in which monitoring temperature is important ([Col. 2, lines 10-27], [Col. 2, lines 44-55], [Col. 3, lines 54-65], [Col. 16, lines 37-49], [Col. 20, lines 42-65], & [Col. 21, lines 14-20]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the plurality of electrodes and second conductor leads, as disclosed by Bencini, to include the thermocouple junction wherein the first conductor lead, and the thermocouple conductor of each electrode of the plurality electrodes are disposed between the shaft distal portion and the respective electrode, as further taught by Simpson, as such a modification would provide for a suitable temperature sensor for an ablation electrode in order to provide temperature feedback, of the ablation electrode and tissue interface, during ablation, which can aid in prevent undesirable effects such as clotting and boiling of blood, and tissue reaching a high impedance which can block further transmission of RF energy into tissue.
Regarding claim 54, Bencini in view of Simpson disclose all of the limitations of claim 18, as described.
Bencini further discloses wherein the second conductor lead of each electrode of the plurality electrodes is disposed within the three-dimensional profile portion of the respective electrode ([0067]; Figure 3—element 36).
Bencini does not disclose the first conductor lead and the thermocouple conductor of each electrode of the plurality electrodes are disposed within the three-dimensional profile portion of the respective electrode.
Simpson further teaches the first conductor lead and the thermocouple conductor of each electrode of the plurality electrodes are disposed within the three-dimensional profile portion of the respective electrode ([Col. 7, line 58 – Col. 8, line 11] & [Col. 20, lines 42-65]; Figure 13—elements 32, 100, 102, & 128; as the first conductor lead 100, second conductor lead 128, and thermocouple conductor 128 are connected to an inside surface of the electrode 32 (e.g. a profile portion), and the electrode 32 is disposed on the shaft distal portion 34; further it is the examiner position that the additional leads of Simpson would be disposed within the three-dimensional profile portion of Bencini, as Bencini discloses the leads connected to each of the plurality of electrodes being housed within the three-dimensional profile portion).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the plurality of electrodes and second conductor leads disposed within the three-dimensional profile portion, as disclosed by Bencini, to include the thermocouple junction wherein the first conductor lead and the thermocouple conductor of each electrode of the plurality electrodes are disposed within the three-dimensional profile portion of the respective electrode, as further taught by Simpson, as both references and the claimed invention are directed toward ablation catheters comprising ablation electrodes and temperature sensors. As disclosed by Bencini, the plurality of electrodes may function as ablation electrodes and the plurality of electrodes may include a temperature sensor ([0065]). As disclosed by Simpson, too great a temperature at the interface between the electrode and tissue can interfere with ablation by causing clotting and boiling of blood and tissue reaching a high impedance which can block further transmission of RF energy into tissue; to avoid these undesirable effects a temperature sensor, such as a thermocouple, can be positioned on the ablation electrode in order to provide temperature feedback, during ablation, of the ablation electrode and tissue interface; the ablation electrode may be electrically connected to a second conductor lead, which conducts power to the ablation electrode for imparting ablation energy, a first conductor lead and a thermocouple conductor, wherein a thermocouple junction is formed between the first conductor tip and the thermocouple tip, and the thermocouple configuration can be applied to any ablation catheter in which monitoring temperature is important ([Col. 2, lines 10-27], [Col. 2, lines 44-55], [Col. 3, lines 54-65], [Col. 16, lines 37-49], [Col. 20, lines 42-65], & [Col. 21, lines 14-20]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the plurality of electrodes and second conductor leads disposed within the three-dimensional profile portion, as disclosed by Bencini, to include the thermocouple junction wherein the first conductor lead and the thermocouple conductor of each electrode of the plurality electrodes are disposed within the three-dimensional profile portion of the respective electrode, as further taught by Simpson, as such a modification would provide for a suitable temperature sensor for an ablation electrode in order to provide temperature feedback, of the ablation electrode and tissue interface, during ablation, which can aid in prevent undesirable effects such as clotting and boiling of blood, and tissue reaching a high impedance which can block further transmission of RF energy into tissue.
Regarding claim 55, Bencini in view of Simpson disclose all of the limitations of claim 18, as described.
Bencini further discloses wherein the second conductor lead comprises a second conductor tip ([0067]; Figure 3—element 36; with the second conductor tip being the tip of the lead 36 in contact with electrode 28).
Bencini does not disclose the second conductor tip is disposed adjacent to the thermocouple junction.
Simpson further teaches the second conductor tip is disposed adjacent to the thermocouple junction ([Col. 16, lines 37-49] & [Col. 20, lines 42-65]; Figure 13—elements 126 & 128).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the second conductor tip, as disclosed by Bencini, to include the thermocouple junction wherein the second conductor tip is disposed adjacent to the thermocouple junction, as further taught by Simpson, as both references and the claimed invention are directed toward ablation catheters comprising ablation electrodes and temperature sensors. As disclosed by Bencini, the plurality of electrodes may function as ablation electrodes and the plurality of electrodes may include a temperature sensor ([0065]). As disclosed by Simpson, too great a temperature at the interface between the electrode and tissue can interfere with ablation by causing clotting and boiling of blood and tissue reaching a high impedance which can block further transmission of RF energy into tissue; to avoid these undesirable effects a temperature sensor, such as a thermocouple, can be positioned on the ablation electrode in order to provide temperature feedback, during ablation, of the ablation electrode and tissue interface; the ablation electrode may be electrically connected to a second conductor lead, which conducts power to the ablation electrode for imparting ablation energy, a first conductor lead and a thermocouple conductor, wherein a thermocouple junction is formed between the first conductor tip and the thermocouple tip, and the thermocouple configuration can be applied to any ablation catheter in which monitoring temperature is important ([Col. 2, lines 10-27], [Col. 2, lines 44-55], [Col. 3, lines 54-65], [Col. 16, lines 37-49], [Col. 20, lines 42-65], & [Col. 21, lines 14-20]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the second conductor tip, as disclosed by Bencini, to include the thermocouple junction wherein the second conductor tip is disposed adjacent to the thermocouple junction, as further taught by Simpson, as such a modification would provide for a suitable temperature sensor for an ablation electrode in order to provide temperature feedback, of the ablation electrode and tissue interface, during ablation, which can aid in prevent undesirable effects such as clotting and boiling of blood, and tissue reaching a high impedance which can block further transmission of RF energy into tissue.
Regarding claim 67, Bencini in view of Simpson disclose all of the limitations of claim 18, as described above.
Bencini further discloses wherein the electrode is formed via an additive process such that the electrode is formed around the second conductor lead ([0003], [0064], [0067], & [0081]-[0082]; Figure 3—elements 28 & 36; the limitation “formed via an additive process” is a product-by-process limitation and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself; the patentability of a product does not depend on its method of production; if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985); as Bencini discloses the final product of the “a formed electrode”, Bencini discloses the claim limitation as the patentability of a product does not depend on its method of production).
Bencini does not disclose the electrode is formed around the first conductor lead and the thermocouple conductor.
Simpson further teaches the electrode is formed around the first conductor lead, and the thermocouple conductor ([Col. 7, line 58 – Col. 8, line 11] & [Col. 20, lines 42-65]; Figure 13—elements 32, 100, 102, & 128; as the first conductor lead 100, second conductor lead 128, and thermocouple conductor 128 are connected to an inside surface of the electrode 32).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the plurality of electrodes and second conductor leads, as disclosed by Bencini, to include the thermocouple junction wherein the electrode is formed around the first conductor lead, and the thermocouple conductor, as further taught by Simpson, as both references and the claimed invention are directed toward ablation catheters comprising ablation electrodes and temperature sensors. As disclosed by Bencini, the plurality of electrodes may function as ablation electrodes and the plurality of electrodes may include a temperature sensor ([0065]). As disclosed by Simpson, too great a temperature at the interface between the electrode and tissue can interfere with ablation by causing clotting and boiling of blood and tissue reaching a high impedance which can block further transmission of RF energy into tissue; to avoid these undesirable effects a temperature sensor, such as a thermocouple, can be positioned on the ablation electrode in order to provide temperature feedback, during ablation, of the ablation electrode and tissue interface; the ablation electrode may be electrically connected to a second conductor lead, which conducts power to the ablation electrode for imparting ablation energy, a first conductor lead and a thermocouple conductor, wherein a thermocouple junction is formed between the first conductor tip and the thermocouple tip, and the thermocouple configuration can be applied to any ablation catheter in which monitoring temperature is important ([Col. 2, lines 10-27], [Col. 2, lines 44-55], [Col. 3, lines 54-65], [Col. 16, lines 37-49], [Col. 20, lines 42-65], & [Col. 21, lines 14-20]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the plurality of electrodes and second conductor leads, as disclosed by Bencini, to include the thermocouple junction wherein the electrode is formed around the first conductor lead, and the thermocouple conductor, as further taught by Simpson, as such a modification would provide for a suitable temperature sensor for an ablation electrode in order to provide temperature feedback, of the ablation electrode and tissue interface, during ablation, which can aid in prevent undesirable effects such as clotting and boiling of blood, and tissue reaching a high impedance which can block further transmission of RF energy into tissue.
Regarding claim 69, Bencini in view of Simpson disclose all of the limitations of claim 18, as described above.
Bencini further discloses wherein the electrode is formed via an additive process such that the electrode is formed on the second conductor lead ([0003], [0064], [0067], & [0081]-[0082]; Figure 3—elements 28 & 36; the limitation “formed via an additive process” is a product-by-process limitation and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself; the patentability of a product does not depend on its method of production; if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985); as Bencini discloses the final product of the “a formed electrode”, Bencini discloses the claim limitation as the patentability of a product does not depend on its method of production).
Bencini does not disclose the electrode is formed on the first conductor lead and the thermocouple conductor.
Simpson further teaches the electrode is formed on the first conductor lead and the thermocouple conductor ([Col. 7, line 58 – Col. 8, line 11] & [Col. 20, lines 42-65]; Figure 13—elements 32, 100, 102, & 128; as the first conductor lead 100, second conductor lead 128, and thermocouple conductor 128 are connected to an inside surface of the electrode 32).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the plurality of electrodes and second conductor leads, as disclosed by Bencini, to include the thermocouple junction wherein the electrode is formed on the first conductor lead and the thermocouple conductor, as further taught by Simpson, as both references and the claimed invention are directed toward ablation catheters comprising ablation electrodes and temperature sensors. As disclosed by Bencini, the plurality of electrodes may function as ablation electrodes and the plurality of electrodes may include a temperature sensor ([0065]). As disclosed by Simpson, too great a temperature at the interface between the electrode and tissue can interfere with ablation by causing clotting and boiling of blood and tissue reaching a high impedance which can block further transmission of RF energy into tissue; to avoid these undesirable effects a temperature sensor, such as a thermocouple, can be positioned on the ablation electrode in order to provide temperature feedback, during ablation, of the ablation electrode and tissue interface; the ablation electrode may be electrically connected to a second conductor lead, which conducts power to the ablation electrode for imparting ablation energy, a first conductor lead and a thermocouple conductor, wherein a thermocouple junction is formed between the first conductor tip and the thermocouple tip, and the thermocouple configuration can be applied to any ablation catheter in which monitoring temperature is important ([Col. 2, lines 10-27], [Col. 2, lines 44-55], [Col. 3, lines 54-65], [Col. 16, lines 37-49], [Col. 20, lines 42-65], & [Col. 21, lines 14-20]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the plurality of electrodes and second conductor leads, as disclosed by Bencini, to include the thermocouple junction wherein the electrode is formed on the first conductor lead and the thermocouple conductor, as further taught by Simpson, as such a modification would provide for a suitable temperature sensor for an ablation electrode in order to provide temperature feedback, of the ablation electrode and tissue interface, during ablation, which can aid in prevent undesirable effects such as clotting and boiling of blood, and tissue reaching a high impedance which can block further transmission of RF energy into tissue.
Claims 19, 22, & 40 are rejected under 35 U.S.C. 103 as being unpatentable over Bencini in view of Simpson and Harlev et al. (previously presented-US 20200205890 A1), hereinafter “Harlev”.
Regarding claims 19 & 22, as best understood in view of the 112(b) rejection above, Bencini in view of Simpson disclose all of the limitations of claim 18, as described above.
Bencini does not disclose a plurality of printed temperature sensors, wherein each of the plurality of printed temperature sensors is disposed underneath a respective electrode of the plurality of electrodes within the profile space and thermally coupled to the interior surface of the three-dimensional profile portion of the respective element (claim 19); wherein each of the plurality of printed temperature sensors includes at least one of a thermocouple and a resistance temperature detector (Claim 22).
Harlev teaches an ablation device comprising a plurality of electrodes ([0108] & [0122]; Figures 5,6, & 9—element 146) and a plurality of printed temperature sensors, wherein each of the plurality of printed temperature sensors is disposed underneath a respective electrode of the plurality of electrodes within the profile space and thermally coupled to the interior surface of the three-dimensional profile portion of the respective element (claim 19); wherein each of the plurality of printed temperature sensors includes at least one of a thermocouple and a resistance temperature detector (Claim 22) ([0122]; Figure 6 & 9—element 149; flexible printed circuits 154 comprising temperature sensors 149 may be positioned underneath a respective electrode 146; the temperature sensors may comprise any of various types of thermistors, resistance thermometers, and thermocouples).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the plurality of electrodes, as disclosed by Bencini, to include a plurality of printed temperature sensors, wherein each of the plurality of printed temperature sensors is disposed underneath a respective electrode, as taught by Harlev, as both references and the claimed invention are directed toward ablation devices comprising a plurality of electrodes and temperature sensors. As disclosed by Bencini, each of the plurality of electrodes may comprise a temperature sensor ([0065]). As disclosed by Harlev, each of the plurality of electrodes may comprise a temperature sensor, the temperature sensors may comprise any of various types of thermistors, resistance thermometers, and thermocouples, and may be disposed on a printed circuit that is disposed beneath each of the plurality of electrodes, this configuration of temperature sensors can be used to accurately estimate the temperatures of each of the plurality of electrodes ([0122]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the plurality of electrodes, as disclosed by Bencini, to include a plurality of printed temperature sensors, wherein each of the plurality of printed temperature sensors is disposed underneath a respective electrode, as taught by Harlev, as such a modification would produce the predictable result of providing an electrode and temperature sensor, and further would provide for a temperature sensor configuration that accurately estimates the temperatures of each of the plurality of electrodes.
Regarding claim 40, Bencini in view of Simpson and Harlev disclose all of the limitations of claim 19, as described above.
Bencini further discloses wherein the three-dimensional profile portion is formed via a process selected from the group consisting of an additive process and a subtractive process ([0003], [0064], & [0081]-[0082]; Figure 3—elements 28, 30/34, & 32; the limitation “formed via a process selected from the group consisting of an additive process and a subtractive process” is a product-by-process limitation and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself; the patentability of a product does not depend on its method of production; if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985); as Bencini discloses the final product of the “the three-dimensional profile portion”, Bencini discloses the claim as the patentability of a product does not depend on its method of production).
Claims 47, 52, 68, & 70 are rejected under 35 U.S.C. 103 as being unpatentable over Bar-Tal (US 20110224573 A1), hereinafter “Bar-Tal” in view of Simpson.
Regarding claim 47, Bar-Tal discloses a medical device, comprising: an elongate shaft extending along a shaft longitudinal axis and comprising a shaft proximal portion and a shaft distal portion ([0091] & [0167]; Figure 1—element 22); an electrode disposed on the shaft distal portion ([0169]; Figure 9—element 346); a second conductor lead, the second conductor lead electrically coupled to the electrode ([0169]; Figure 9—element 348); wherein the electrode is formed on top of a three-dimensional base ([0168]; Figure 9—element 82), wherein the three-dimensional base is formed from a substrate that includes a planar base portion and a three-dimensional profile portion ([0104], [0168], & [0169]; Figure 9—elements 84 & 344; the examiner is considering the planar base portion to be the insulator 84 and the three-dimensional profile portion to be defined by the insulating package 344; wherein a tie-layer is disposed between the three-dimensional base and the electrode ([0169]; Figure 9—elements 82 & 346; electrode 346 is formed by bonding an inert metal, typically in the approximate shape of a disc, to the exterior surface using an adhesive; the examiner is considering the adhesive to be the tie-layer).
Bar-Tal does not disclose a first conductor lead, the first conductor lead electrically coupled to the electrode; and a thermocouple junction formed via a thermocouple conductor electrically coupled to the electrode and the first conductor lead.
Simpson teaches an ablation device ([Col. 7, lines 35-57]; Figure 1—element 10) comprising an electrode ([Col. 7, line 57 – Col. 8, line 11]; Figures 1 & 13—element 32), a second conductor lead ([Col. 20, lines 42-65]; Figure 13—element 128) and a first conductor lead ([Col. 20, lines 42-65]; Figure 13—element 100), the first conductor lead electrically coupled to the electrode ([Col. 20, lines 42-65]; Figure 13—elements 100 & 128); and a thermocouple junction formed via a thermocouple conductor electrically coupled to the electrode and the first conductor lead ([Col. 16, lines 37-49] & [Col. 20, lines 42-65]; Figure 13—element 102 & 126).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the electrode and the temperature sensor, as disclosed by Bar-Tal, to include a first conductor lead, the first conductor lead electrically coupled to the electrode; and a thermocouple junction formed via a thermocouple conductor electrically coupled to the electrode and the first conductor lead, as taught by Simpson, as both references and the claimed invention are directed toward ablation catheters comprising electrodes and temperature sensors. As disclosed by Bar-Tal, the electrode may comprise a temperature sensor positioned beneath the electrode ([0168] & [0169]). As disclosed by Simpson, a temperature sensor, such as a thermocouple, can be positioned inside the electrode in order to provide temperature feedback of the electrode and tissue interface; the electrode may be electrically connected to a second conductor lead, which conducts power to the electrode, a first conductor lead, and a thermocouple conductor, wherein a thermocouple junction is formed between the first conductor tip and the thermocouple tip, and the thermocouple configuration can be applied to any ablation catheter in which monitoring temperature is important ([Col. 2, lines 10-27], [Col. 2, lines 44-55], [Col. 3, lines 54-65], [Col. 16, lines 37-49], [Col. 20, lines 42-65], & [Col. 21, lines 14-20]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrode and the temperature sensors, as disclosed by Bar-Tal, to include a first conductor lead, the first conductor lead electrically coupled to the electrode; and a thermocouple junction formed via a thermocouple conductor electrically coupled to the electrode and the first conductor lead, as taught by Simpson, as such a modification would provide for a suitable and known temperature sensor that can be positioned on an electrode in order to provide temperature feedback of the electrode and tissue interface.
Regarding claim 52, Bar-Tal in view of Simpson disclose all of the limitations of claim 47, as described above.
Bar-Tal further discloses wherein the three-dimensional profile portion and the planar base portion define a profile space between the three-dimensional profile portion and the planar base portion ([0104], [0168], & [0169]; Figure 9—elements 84, 342, & 344; the examiner is considering the “profile space” to be the space that comprises the sensing element 342).
Regarding claim 68, Bar-Tal in view of Simpson disclose all of the limitations of claim 47, as described above.
Bar-Tal further discloses wherein the electrode is formed via an additive process such that the electrode is formed around the second conductor lead ([0169]; Figure 9—elements 346 & 348; the limitation “formed via an additive process” is a product-by-process limitation and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself; the patentability of a product does not depend on its method of production; if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985); as Bar-Tal discloses the final product of the “a formed electrode”, Bar-Tal discloses the claim limitation as the patentability of a product does not depend on its method of production).
Bar-Tal does not disclose the electrode is formed around the first conductor lead, and the thermocouple conductor.
Simpson further teaches the electrode is formed around the first conductor lead, and the thermocouple conductor ([Col. 7, line 58 – Col. 8, line 11] & [Col. 20, lines 42-65]; Figure 13—elements 32, 100, 102, & 128; as the first conductor lead 100, second conductor lead 128, and thermocouple conductor 128 are connected to an inside surface of the electrode 32).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the electrode, as disclosed by Bar-Tal, to include the thermocouple wherein the electrode is formed around the first conductor lead, and the thermocouple conductor, as further taught by Simpson, as both references and the claimed invention are directed toward ablation catheters comprising electrodes and temperature sensors. As disclosed by Bar-Tal, the electrode may be formed around a temperature sensor positioned beneath the electrode ([0168] & [0169]). As disclosed by Simpson, a temperature sensor, such as a thermocouple, can be positioned inside the electrode in order to provide temperature feedback, of the electrode and tissue interface; the electrode may be electrically connected to a second conductor lead, which conducts power to the electrode, a first conductor lead and a thermocouple conductor, wherein a thermocouple junction is formed between the first conductor tip and the thermocouple tip, and the thermocouple configuration can be applied to any ablation catheter in which monitoring temperature is important ([Col. 2, lines 10-27], [Col. 2, lines 44-55], [Col. 3, lines 54-65], [Col. 16, lines 37-49], [Col. 20, lines 42-65], & [Col. 21, lines 14-20]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrode, as disclosed by Bar-Tal, to include the thermocouple wherein the electrode is formed around the first conductor lead, and the thermocouple conductor, as further taught by Simpson, as such a modification would provide for a suitable and known temperature sensor configuration that can be positioned on an electrode in order to provide temperature feedback of the electrode and tissue interface.
Regarding claim 70, Bar-Tal in view of Simpson disclose all of the limitations of claim 47, as described above.
Bar-Tal further discloses wherein the electrode is formed via an additive process such that the electrode is formed on the second conductor lead ([0169]; Figure 9—elements 346 & 348; the limitation “formed via an additive process” is a product-by-process limitation and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself; the patentability of a product does not depend on its method of production; if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985); as Bar-Tal discloses the final product of the “a formed electrode”, Bar-Tal discloses the claim limitation as the patentability of a product does not depend on its method of production).
Bar-Tal does not disclose the electrode is formed on the first conductor lead and the thermocouple conductor.
Simpson further teaches the electrode is formed on the first conductor lead and the thermocouple conductor ([Col. 7, line 58 – Col. 8, line 11] & [Col. 20, lines 42-65]; Figure 13—elements 32, 100, 102, & 128; as the first conductor lead 100, second conductor lead 128, and thermocouple conductor 128 are connected to an inside surface of the electrode 32).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the electrode, as disclosed by Bar-Tal, to include the thermocouple wherein the electrode is formed on the first conductor lead and the thermocouple conductor, as further taught by Simpson, as both references and the claimed invention are directed toward ablation catheters comprising electrodes and temperature sensors. As disclosed by Bar-Tal, the electrode may be formed around a temperature sensor positioned beneath the electrode ([0168] & [0169]). As disclosed by Simpson, a temperature sensor, such as a thermocouple, can be positioned inside the electrode in order to provide temperature feedback, of the electrode and tissue interface; the electrode may be electrically connected to a second conductor lead, which conducts power to the electrode, a first conductor lead and a thermocouple conductor, wherein a thermocouple junction is formed between the first conductor tip and the thermocouple tip, and the thermocouple configuration can be applied to any ablation catheter in which monitoring temperature is important ([Col. 2, lines 10-27], [Col. 2, lines 44-55], [Col. 3, lines 54-65], [Col. 16, lines 37-49], [Col. 20, lines 42-65], & [Col. 21, lines 14-20]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrode, as disclosed by Bar-Tal, to include the thermocouple wherein the electrode is formed on the first conductor lead and the thermocouple conductor, as further taught by Simpson, as such a modification would provide for a suitable and known temperature sensor configuration that can be positioned on an electrode in order to provide temperature feedback of the electrode and tissue interface.
Claims 61-62 are rejected under 35 U.S.C. 103 as being unpatentable over Bar-Tal in view of Simpson and Davis et al. (US 20170368357 A1), hereinafter “Davis”.
Regarding claim 61-62, as best understood in view of the 112(b) rejection above, Bar-Tal in view of Simpson disclose all of the limitations of claim 47, as described above.
Bar-Tal does not disclose wherein the tie-layer is formed from a conductive material, wherein the conductive material is a metal, further optionally wherein the metal is nickel or sputtered chrome (claim 61); a dielectric layer disposed beneath the tie-layer (claim 62).
Davis teaches a three-dimensional base ([0018]; Figure 1A—element 30) comprising an electrode ([0018] & [0019]; Figure 1A—element 38) and a tie-layer is disposed between the three-dimensional base and the electrode ([0018]; Figure 1A—element 6); wherein the tie-layer is formed from a conductive material, wherein the conductive material is a metal, further optionally wherein the metal is nickel or sputtered chrome (claim 61) ([0018]; Figure 1A—element 6); a dielectric layer disposed beneath the tie-layer (claim 62) ([0018] & [0023]; Figure 1A—element 34).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the attachment of the electrode to the three-dimensional base and the tie-layer, as disclosed by Bar-Tal, to include the attachment wherein the tie-layer is formed from a conductive material, wherein the conductive material is a metal, further optionally wherein the metal is nickel or sputtered chrome, and a dielectric layer disposed beneath the tie-layer, as taught by Davis, as both references and the claimed invention are directed toward electrosurgical devices comprising electrodes. As disclosed by Bar-Tal, the electrode may be attached to the base via an adhesive ([0169]). As disclosed by Davis, the electrode may be attached to the base via a dielectric and a metalized tie layer comprising chromium or nickel, this configuration provides for a strong mechanical attachment of the electrode to the base ([0018], [0019], & [0023]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the attachment of the electrode to the three-dimensional base and the tie-layer, as disclosed by Bar-Tal, to include the attachment wherein the tie-layer is formed from a conductive material, wherein the conductive material is a metal, further optionally wherein the metal is nickel or sputtered chrome, and a dielectric layer disposed beneath the tie-layer, as taught by Davis, as such a modification would provide for a suitable and known attachment between and electrode and a base and further would provide for a strong mechanical attachment of the electrode to the base.
Claims 63-65 are rejected under 35 U.S.C. 103 as being unpatentable over Bencini in view of Simpson and Davis.
Regarding claims 63-65, as best understood in view of the 112(b) rejections above, Bencini in view of Simpson disclose all of the limitations of claim 18, as described above.
Bencini further discloses wherein the electrode is formed on top of a three-dimensional base ([0064]; Figure 3—element 28), wherein the three-dimensional base is formed from a substrate that includes a planar base portion ([0064]; Figures 2 & 3—elements 30/34 the examiner is considering the planar base portion to be outer electrode 30 and insulation 34) and a three-dimensional profile portion ([0064] & [0065]; Figures 2 & 3—element 32; the examiner is considering the three-dimensional profile portion to be the insulation 32 with the interior surface being the surface surround lead 36 and the outer surface being the opposite outer surface) (claim 63).
Bencini does not disclose wherein a tie-layer is disposed between the three-dimensional base and the electrode (claim 63); wherein the tie-layer is formed from a conductive material, wherein the conductive material is a metal, further optionally wherein the metal is nickel or sputtered chrome (claim 64); further comprising a dielectric layer disposed beneath the tie-layer (claim 65).
Davis teaches a three-dimensional base ([0018]; Figure 1A—element 30) comprising an electrode ([0018] & [0019]; Figure 1A—element 38); wherein a tie-layer is disposed between the three-dimensional base and the electrode (claim 63); wherein the tie-layer is formed from a conductive material, wherein the conductive material is a metal, further optionally wherein the metal is nickel or sputtered chrome (claim 64) ([0018]; Figure 1A—element 6); further comprising a dielectric layer disposed beneath the tie-layer (claim 65) ([0018] & [0023]; Figure 1A—element 34).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the attachment of the electrode to the three-dimensional base, as disclosed by Bencini, to include the attachment wherein a tie-layer is disposed between the three-dimensional base and the electrode, the tie-layer is formed from a conductive material, wherein the conductive material is a metal, further optionally wherein the metal is nickel or sputtered chrome, and a dielectric layer disposed beneath the tie-layer, as taught by Davis, as both references and the claimed invention are directed toward electrosurgical devices comprising electrodes. As disclosed by Davis, the electrode may be attached to the base via a dielectric and a metalized tie layer comprising chromium or nickel, this configuration provides for a strong mechanical attachment of the electrode to the base ([0018], [0019], & [0023]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the attachment of the electrode to the three-dimensional base, as disclosed by Bencini, to include the attachment wherein a tie-layer is disposed between the three-dimensional base and the electrode, the tie-layer is formed from a conductive material, wherein the conductive material is a metal, further optionally wherein the metal is nickel or sputtered chrome, and a dielectric layer disposed beneath the tie-layer, as taught by Davis, as such a modification would provide for a suitable and known attachment between and electrode and a base and further would provide for a strong mechanical attachment of the electrode to the base.
Claims 66 are rejected under 35 U.S.C. 103 as being unpatentable over Bencini in view of Simpson and Sieben et al. (US 5833688 A), hereinafter “Sieben”.
Regarding claim 66, Bencini in view of Simpson disclose all of the limitations of claim 18, as described above.
Bencini in view of Simpson do not disclose wherein the thermocouple tip is disposed on top of the first conductor tip within the profile space for positioning the thermocouple tip closer to the interior surface of the electrode.
Sieben teaches an electrode ([Col. 7, line 14-23]; Figure 6B—element 97) and a thermocouple comprising a thermocouple tip and a first conductor tip ([Col. 3, line 50 – Col. 4, line 46]; Figures 1 & 6B—elements 10, 22/23, & 24/25; the thermocouple tip being the distal end of conductor 22/23 and the first conductor tip being the distal end of conductor 24/25), wherein the thermocouple tip is disposed on top of the first conductor tip within the profile space for positioning the thermocouple tip closer to the interior surface of the electrode ([Col. 3, line 50 – Col. 4, line 46]; Figures 1 & 6B—elements 22/23, 24/25, & 97; Figures 1 & 6B portray the thermocouple tip 22/23 disposed on top of the first conductor tip 24/25 relative to the electrode 97).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the thermocouple junction, as disclosed by Bencini in view of Simpson, to include wherein the thermocouple tip is disposed on top of the first conductor tip within the profile space for positioning the thermocouple tip closer to the interior surface of the electrode, as taught by Sieben, as both references and the claimed invention are directed toward ablation devices comprising temperature sensors. As disclosed by Simpson, a thermocouple junction is formed between a first conductor tip and a thermocouple tip ([Col. 2, lines 10-27], [Col. 2, lines 44-55], [Col. 3, lines 54-65], [Col. 16, lines 37-49], [Col. 20, lines 42-65], & [Col. 21, lines 14-20]). As disclosed by Sieben, the thermocouple junction is formed by coupling the thermocouple tip and the first conductor tip ([Col. 3, line 50 – Col. 4, line 46]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the thermocouple junction, as disclosed by Bencini in view of Simpson, to include wherein the thermocouple tip is disposed on top of the first conductor tip within the profile space for positioning the thermocouple tip closer to the interior surface of the electrode, as taught by Sieben, as such a modification would produce the predictable result of providing a thermocouple junction disposed under the electrode.
Conclusion
Accordingly, claims 18-19, 22, 40, 47, 52-55, & 61-70 are rejected.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/M.D.T./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794