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 April 29th, 2026 has been entered. Claims 12-14 & 19 are amended. Claims 2-3, 10-11, & 23 are canceled. Claims 1, 4-9, 12-22, & 24-25 remain pending.
Response to Arguments
Applicant’s arguments with respect to claims 12-14 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.
Applicant’s arguments, with respect to claims 19-22 & 24-25 have been fully considered and are persuasive, in view of the amendments. Therefore the previous rejection has been withdrawn, however upon further consideration a new rejection including a new interpretation of the prior art is made over Greep in view of Billings, specifically, regarding the amendment of the distance between the bases of the plurality of teeth, Greep in an embodiment of Figure 16 is relied on to teach this limitation.
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 21-22 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 21 recites the limitation “wherein the plurality of teeth are equally spaced along the at least the first lateral surface or the second lateral surface”; claim 19 introduces “wherein a distance between the bases of a first pair of adjacent teeth of the plurality of teeth along the working end portion is different than a distance between the bases of a second pair of adjacent teeth of the plurality of teeth along the working end portion”; it is unclear how the plurality of teeth can be equally spaced along the surface, as required by claim 21, but a distance between the bases of a first pair of adjacent teeth of the plurality of teeth along the working end portion is different than a distance between the bases of a second pair of adjacent teeth of the plurality of teeth along the working end portion, as required by claim 19, which renders the claim indefinite.
Claim 22 recites the limitation “wherein a distance between a first pair of adjacent teeth of the plurality of teeth is different than a distance between a second pair of adjacent teeth of the plurality of teeth”; claim 19 introduces “wherein a distance between the bases of a first pair of adjacent teeth of the plurality of teeth along the working end portion is different than a distance between the bases of a second pair of adjacent teeth of the plurality of teeth along the working end portion”; it is unclear if the “a distance” of claim 22 is the same or different than the “a distance” of claim 19, which renders the claim indefinite. For examination purposes the examiner is considering them to be the same.
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Edwards et al. (US 20110028964 A1), hereinafter “Edwards”, in view of Fischer et al. (previously presented-US 20200093537 A1), hereinafter “Fischer”.
Regarding claim 12, Edwards discloses an electrosurgical electrode for conveying electrical energy ([0054]; Figure 10—element 50), the electrosurgical electrode comprising: a proximal electrode end configured to receive electrical energy from an electrosurgical tool ([0049] & [0054]; Figures 2 & 10—element 50; the examiner is considering the proximal electrode end to be the proximal end of the electrode 50 coupled to generator via lead); a distal electrode end ([0054]; Figures 2 & 10—element 50; the examiner is considering the distal electrode end to be the distal end of the electrode 50); a working end portion between the proximal electrode end and the distal electrode end ([0054]; Figures 2 & 10—element 50; the examiner is considering the working end portion to be the region between the proximal end and distal end of the electrode 50), wherein the working end portion is configured for cutting or coagulation of tissue using the electrical energy that is received by the proximal electrode end ([0050] & [0054]); a first lateral surface ([0054]; Figure 10—element 50; see figure below the examiner is considering the first lateral surface to be the surface projecting upwards from jaw 4); a second lateral surface opposite the first lateral surface ([0054]; Figure 10—element 50; see figure below; the examiner is considering the second lateral surface to be the surface projecting downwards from jaw 4); a first major face extending between the first lateral surface and the second lateral surface on a first side of the electrosurgical electrode ([0041] & [0054]; Figure 10—element 50; see figure below; the examiner is considering the first major face to be the face of the electrode 50 that faces electrode 13); a second major face extending between the first lateral surface and the second lateral surface on a second side of the electrosurgical electrode that is opposite the first side ([0041] & [0054]; Figure 10—element 50; see figure below; the examiner is considering the second major face to be the face of the electrode 50 that faces electrode 15); and at least one layer of an insulation material is coupled to an outer surface of the working end portion so that a first portion of the outer surface is covered by the at least one layer of the insulation material ([0041] & [0054]; Figure 10—elements 9 & 50; see figure below; the examiner is considering the first portion to be the portion of electrode 50 covered by insulation 9) and a second portion of the outer surface is not covered by the at least one layer of the insulation material ([0041] & [0054]; see figure below; the examiner is considering the second portion to be the portion of electrode 50 protruding from insulation 9) , wherein the at least one layer of the insulation material is configured to prevent applying electric current from the first portion of the outer surface to a tissue of a patient ([0041]; Figure 10—element 9; it is the examiner position that the insulation material 9 would prevent applying electric current from the first portion of the electrode 50 to tissue), wherein the at least one layer of the insulation material is coupled to the outer surface, and wherein the at least one layer of the insulation material is extends (i) over the first major face (iii) over the second major face, wherein the first portion of the outer surface comprises respective portions of the first major face and the second major face ([0041] & [0054]; Figure 10—elements 9 & 50; see figure below the insulating layer extends over a portion of the first and second major face), and wherein the second portion of the outer surface comprises respective portions of the first major face and the second major face that extend (i) between the first lateral surface and the second lateral surface ([0054]; Figure 10—element 50; see figure below; the second, uninsulated portion the extends over a portion of the first and second major face and first and second lateral surfaces).
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Edwards does not disclose a plurality of apertures extending entirely through a thickness of the electrosurgical electrode between the first major face and the second major face; wherein the at least one layer of the insulation material is coupled to the outer surface at the plurality of apertures, wherein the plurality of apertures comprises: a first slot extending in an axial direction between the proximal electrode end and the distal electrode end; and a second slot extending in the axial direction between the proximal electrode end and the distal electrode end, and wherein the at least one layer of the insulation material is extends (i) over the first major face between the first slot and the second slot, (ii) through the second slot between the first major face to the second major face, (iii) over the second major face between the second slot and the first slot, and (iv) through the first slot between the second major face and the first major face, wherein the first portion of the outer surface comprises respective portions of the first major face and the second major face that extend between the first slot and the second slot, and wherein the second portion of the outer surface comprises respective portions of the first major face and the second major face that extend (i) between the first slot and the first lateral surface and (ii) between the second slot and the second lateral surface.
Fischer teaches an electrosurgical electrode for conveying electrical energy ([0052]; Figure 3 & 4—element 13) comprising: a working end portion between a proximal electrode end and a distal electrode end ([0052] & [0057]; Figure 4—element 13; the examiner is considering the working end portion to be the portion of electrode 13 that extends between the proximal end 28 and distal end 32), a first lateral surface ([0053]; Figure 4—element 23a); a second lateral surface ([0053]; Figure 4—element 23b); a first major face ([0053]; Figure 4—element 22a); a second major face ([0053]; Figure 4—element 22b); at least one layer of an insulation material is coupled to an outer surface of the working end portion so that a first portion of the outer surface is covered by the at least one layer of the insulation material and a second portion of the outer surface is not covered by the at least one layer of the insulation material ([0029] & [0052]; Figure 3—element 16; the insulating body 16 encloses a part of the electrode 13 and leaves part of the electrode 13 exposed), a plurality of apertures extending entirely through a thickness of the electrosurgical electrode between the first major face and the second major face ([0071]; Figure 4—element 52); wherein the at least one layer of the insulation material is coupled to the outer surface at the plurality of apertures ([0071]; Figure 3 & 4—elements 16 & 52; the holes 52 are filled with the insulating body material during the manufacture of the insulating body 16 in order to form a lock between the insulating body 16 and the electrode 13), wherein the plurality of apertures comprises: a first slot extending in an axial direction between the proximal electrode end and the distal electrode end; and a second slot extending in the axial direction between the proximal electrode end and the distal electrode end ([0071]; Figure 4—elements 52; the examiner is considering the first and second slot to be the two most distal slots 52, as shown in figure 4), and wherein the at least one layer of the insulation material is extends (i) over the first major face between the first slot and the second slot, (ii) through the second slot between the first major face to the second major face, (iii) over the second major face between the second slot and the first slot, and (iv) through the first slot between the second major face and the first major face ([0034], [0035], [0071], [0071]; Figures 3 & 4—element 16; the electrode 13 is enclosed by insulating body 16 which partially insulates the electrode 13 and the insulating body 16 fills the slots 52 during the manufacture of insulating body 16 in order to form a positive lock between the insulating body 16 and electrode 13; therefore it is the examiners position that the insulating body 16 does extend over the first major face between the first and second slot 52, through the second slot, over the second major face between the first and second slot, and through the first slot 52), wherein the first portion of the outer surface comprises respective portions of the first major face and the second major face that extend between the first slot and the second slot ([0034], [0035], [0071], [0071]; Figures 3 & 4—element 16; the electrode 13 is enclosed by insulating body 16 which partially insulates the electrode 13 and the insulating body 16 fills the slots 52 during the manufacture of insulating body 16 in order to form a positive lock between the insulating body 16 and electrode 13 it is the examiners position that the first portion/insulated portion would include respective portions of the first major face and the second major face that extend between the first slot and the second slot 52). Further, it is the examiner’s position that by modifying the connection between the at least one layer of insulation material and the electrode, as disclosed by Edwards, to include the connection including a plurality of apertures, as taught by Fischer, the second portion of the outer surface of Edwards would comprise “respective portions of the first major face and the second major face that extend (i) between the first slot and the first lateral surface and (ii) between the second slot and the second lateral surface” (as Edwards already discloses that the second portion includes portions of the first major face and second major face that extend between the insulation and the first and second lateral surface).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the connection of the at least one layer of insulation material, as disclosed by Edwards, to include a plurality of apertures extending entirely through a thickness of the electrosurgical electrode between the first major face and the second major face; wherein the at least one layer of the insulation material is coupled to the outer surface at the plurality of apertures, wherein the plurality of apertures comprises: a first slot extending in an axial direction between the proximal electrode end and the distal electrode end; and a second slot extending in the axial direction between the proximal electrode end and the distal electrode end, and wherein the at least one layer of the insulation material is extends (i) over the first major face between the first slot and the second slot, (ii) through the second slot between the first major face to the second major face, (iii) over the second major face between the second slot and the first slot, and (iv) through the first slot between the second major face and the first major face, as taught by Fischer, as both references and the claimed invention are directed toward electrosurgical electrodes for cutting tissue. As disclosed by Edwards, the at least one layer of insulation material is coupled to the electrode by means of an adhesive ([0041] & [0054]). As disclosed by Fischer, the at least one layer of insulation material is coupled to the electrode by means of holes that are filled with the insulation material during the manufacture process in order to form a positive lock between the at least one layer of insulation material and the electrode ([0035] & [0071]). 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 connection of the at least one layer of insulation material, as disclosed by Edwards, to include a plurality of apertures extending entirely through a thickness of the electrosurgical electrode between the first major face and the second major face; wherein the at least one layer of the insulation material is coupled to the outer surface at the plurality of apertures, wherein the plurality of apertures comprises: a first slot extending in an axial direction between the proximal electrode end and the distal electrode end; and a second slot extending in the axial direction between the proximal electrode end and the distal electrode end, and wherein the at least one layer of the insulation material is extends (i) over the first major face between the first slot and the second slot, (ii) through the second slot between the first major face to the second major face, (iii) over the second major face between the second slot and the first slot, and (iv) through the first slot between the second major face and the first major face, as taught by Fischer, as such a modification would provide for a known and suitable connection between the electrode and the at least one layer of insulation material and further provide for a connection forms a positive lock between the at least one layer of insulation material and the electrode.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over by Edwards in view of Fischer and Horner et al. (previously presented-US 20120215217 A1), hereinafter “Horner”.
Regarding claims 13-14, Edwards in view of Fischer disclose all of the limitations of claim 12, as described above.
Edwards does not disclose wherein the second portion is covered by a layer of a material that is configured to provide for applying electric current from the second portion of the outer surface to a tissue of a patient, wherein the layer of the material that covers the second portion of the outer surface is a different material than the at least one layer of the insulation material that covers the first portion of the outer surface, and wherein the layer of the material is a non-stick coating (claim 13); wherein the second portion is covered by a layer of a material that is configured to provide for applying electric current from the second portion of the outer surface to a tissue of a patient, and wherein the layer of the material that covers the second portion of the outer surface is a different material than the at least one layer of the insulation material that covers the first portion of the outer surface, and wherein the layer of the material has a thickness that is less than a thickness of the at least one layer of the insulation material (claim 14).
Horner teaches an electrosurgical electrode comprising a first portion and a second portion ([0069]; Figure 2—element 108) and at least one layer of insulation material that covers the first portion of the outer surface ([0072]-[0073]; Figure 2—element 122); wherein the second portion is covered by a layer of a material that is configured to provide for applying electric current from the second portion of the outer surface to a tissue of a patient, wherein the layer of the material that covers the second portion of the outer surface is a different material than the at least one layer of the insulation material that covers the first portion of the outer surface, and wherein the layer of the material is a non-stick coating (claim 13); wherein the second portion is covered by a layer of a material that is configured to provide for applying electric current from the second portion of the outer surface to a tissue of a patient, and wherein the layer of the material that covers the second portion of the outer surface is a different material than the at least one layer of the insulation material that covers the first portion of the outer surface, and wherein the layer of the material has a thickness that is less than a thickness of the at least one layer of the insulation material (claim 14) ([0088], Figure 2—elements 114 & 122; the first portion of the electrode is covered by the insulative 122 that provides an insulative barrier between the covered portion and the patients tissue to allow exposed portion 114 to be used to perform electrosurgery; the exposed portion may also comprise a coating of non-stick material to reduce clinging of charred tissue and facilitate capacitive coupling of the electrode to patients tissue; it is the examiners position that the non-stick coating would have a thickness that is less than a thickness of the at least one layer of the insulation material in order to facilitate capacitive coupling to the exposed portion to a patients tissue to allow the exposed portion of the electrode to perform electrosurgery).
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 portion of the electrosurgical electrode, as disclosed by Fischer, to include wherein the second portion is covered by a layer of a material that is configured to provide for applying electric current from the second portion of the outer surface to a tissue of a patient, and wherein the layer of the material that covers the second portion of the outer surface is a different material than the at least one layer of the insulation material that covers the first portion of the outer surface, as taught by Horner, as both references and the claimed invention are directed toward electrosurgical electrodes for cutting tissue. As disclosed by Horner, the second portion of the electrode may include a non-stick coating that serves to eliminate or reduce clinging or charred tissue to the electrode tip and facilitates capacitive coupling of the electrode to the patient’s tissue ([0071] & [0072]). 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 portion of the electrosurgical electrode, as disclosed by Fischer, to include wherein the second portion is covered by a layer of a material that is configured to provide for applying electric current from the second portion of the outer surface to a tissue of a patient, and wherein the layer of the material that covers the second portion of the outer surface is a different material than the at least one layer of the insulation material that covers the first portion of the outer surface, as taught by Horner, as such a modification would reduce clinging of charred tissue to the exposed portion of the electrode tip.
Claims 19-22 & 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Greep et al. (previously presented-US 8439910 B2), hereinafter “Greep”, in view of Billings et al. (previously presented-US 5395363 A), hereinafter “Billings”.
Regarding claim 19, Greep discloses an electrosurgical blade for conveying electrical energy ([Col. 7, line 60 – Col. 8, line 12]; Figure 3—element 122), the electrosurgical blade comprising: a proximal electrode end configured to receive electrical energy from an electrosurgical tool ([Col. 7, line 60 – Col. 8, line 12]; Figure 3—element 124); a distal electrode end ([Col. 7, line 60 – Col. 8, line 12]; Figure 3—element 128; the distal electrode end being the distal end of the working end 128); a working end portion between the proximal electrode end and the distal electrode end ([Col. 7, line 60 – Col. 8, line 12]; Figure 3—element 128; the working end portion being the working end 128), wherein the working end portion is configured for cutting or coagulation of tissue using the electrical energy that is received by the proximal electrode end ([Col. 7, lines 34-49] & [Col. 7, line 60 – Col. 8, line 12]); a first lateral surface ([Col. 7, line 60 – Col. 8, line 12]; Figures 3A & 3B—element 132A); a second lateral surface opposite the first lateral surface ([Col. 7, line 60 – Col. 8, line 12]; Figures 3A & 3B—element 132B); a first face extending between the first lateral surface and the second lateral surface on a first side of the electrosurgical blade ([Col. 7, line 60 – Col. 8, line 12]; Figures 3A & 3B—element 130A); a second face extending between the first lateral surface and the second lateral surface on a second side of the electrosurgical blade that is opposite the first side ([Col. 7, line 60 – Col. 8, line 12]; Figures 3A & 3B—element 130B); a body portion extending between the first lateral surface and the second lateral surface, wherein the body portion defines the first face and the second face ([Col. 7, line 60 – Col. 8, line 12]; Figures 3A & 3B—element 128; the body portion being the body of the working end 128 extending between the first lateral surface 132A and the second lateral surface 132B and defining the first face 130A and the second face 130B); and a plurality of teeth on at least one of the first lateral surface or the second lateral surface ([Col. 7, line 60 – Col. 8, line 12], [Col. 8, lines 13-43], [Col. 12, line 57 – Col. 13, line 3], [Col. 15, lines 35-49], & [Col. 16, line 65 – Col. 17, line 64]; Figures 3 & 3A—elements 134A & 134B; Figure 17—element 346; the first lateral surface and the second lateral surface 132A & 132B each define a flash edge 134A & 134B; to enhance or alter the performance characteristics of the electrode tip the flash edges can be formed with dimensions that are non-uniform or change along the working surface for example the flash edges can comprise a saw-tooth configuration 346; “flash edge may take the form of any of the flash edges shown or described herein”), wherein the plurality of teeth can each taper from (i) a base extending from the at least one of the first lateral surface or the second lateral surface ([Col. 17, lines 22-49]; Figure 17—elements 348/352/356/360/364/368; with the base being the valleys of the plurality of teeth 348/352/356/360/364/368), to (ii) a respective tip point ([Col. 17, lines 22-49]; Figure 17—elements 350/354/358/362/366/370; with the respective tip point being the peaks of the plurality of teeth 350/354/358/362/366/370), at least one layer of an insulation material covering the body portion of the electrosurgical blade ([Col. 6, lines 49-54] & [Col. 8, lines 13-26]; Figure 3A—element 136), wherein the plurality of teeth on the at least one of the first lateral surface or the second lateral surface protrude through the at least one layer of the insulation material ([Col. 17, line 65 – Col. 18, lines 25] & [Col. 18, line 39 – Col. 19, line 4]; Figure 8A—element 284), wherein a distance between a first pair of adjacent teeth of the plurality of teeth along the working end portion is different than a distance between a second pair of adjacent teeth of the plurality of teeth along the working end portion ([Col. 17, lines 22-47]; Figure 17—elements 348/352/356/360/364/368 & 350/354/358/362/366/370; the heights, widths, and lengths of segments 348, 350, 352, 354, 356, 358, 360, 362, 364, 366, 368, 370 (e.g. the peaks and valleys between of the peaks of the teeth) may be uniform or may have dimensions that are different than one another).
Although Greep, in the same embodiment of Figure 17, does not explicitly disclose “wherein a distance between the bases of a first pair of adjacent teeth of the plurality of teeth along the working end portion is different than a distance between the bases of a second pair of adjacent teeth of the plurality of teeth along the working end portion”, Greep in another embodiment (as shown in Figure 16) discloses a plurality of teeth ([Col. 15, line 50 – Col. 16, line 34]; Figure 16—elements 308, 310, 312, & 314), wherein a distance between the bases of a first pair of adjacent teeth of the plurality of teeth along the working end portion is different than a distance between the bases of a second pair of adjacent teeth of the plurality of teeth along the working end portion ([Col. 15, line 50 – Col. 16, line 34]; Figure 16—elements 306, 309, 311, 313, & 315; the examiner is considering the bases to be base portions of projecting segments 308, 310, 312, & 314 and the distance between the bases to be defined by segments 306, 309, 311, 313, & 315; wherein the segments 306, 309, 311, 313, & 315 may have lengths “that are the same or different from the other segments” along the edge). It would have been obvious to modify the bases of the plurality of teeth, as disclosed by Greep in the embodiment of Figure 17, to include wherein a distance between the bases of a first pair of adjacent teeth of the plurality of teeth along the working end portion is different than a distance between the bases of a second pair of adjacent teeth of the plurality of teeth along the working end portion, as taught by Greep in the embodiment of Figure 16, as Greep discloses that the segments separating the projecting portions of the edge may comprise lengths along the edge that are the same or different from other segments of the edge in order to enhance the performance characteristics of the electrode tip ([Col. 16, lines 21-34]).
Greep does not disclose wherein the plurality of teeth protrude through the at least one layer of the insulation material such that (i) the tip points of the plurality of teeth are exposed and extend outwardly of the at least one layer of the insulation material and (ii) the respective bases of the plurality of teeth are covered by the at least one layer of the insulation material.
Billings teaches an electrosurgical electrode comprising a plurality of teeth ([Col. 6, lines 30-41]; Figure 4—elements 52 & 58) comprising at least one layer of insulation material ([Col. 6, lines 17-42]; Figure 4—element 56), wherein the plurality of teeth protrude through the at least one layer of the insulation material such that (i) the tip points of the plurality of teeth are exposed and extend outwardly of the at least one layer of the insulation material and (ii) the respective bases of the plurality of teeth are covered by the at least one layer of the insulation material ([Col. 6, lines 30-42]; Figure 4—elements 61; the tip points of the teeth can be exposed by sanding away portions of coating 56, such that coating 56 defines perforations 61 to expose tip points 60).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the at least one layer of the insulation material, as disclose by Greep, to include wherein the plurality of teeth protrude through the at least one layer of the insulation material such that (i) the tip points of the plurality of teeth are exposed and extend outwardly of the at least one layer of the insulation material and (ii) the respective bases of the plurality of teeth are covered by the at least one layer of the insulation material, as taught by Billings, as both references and the claimed invention are directed toward electrosurgical electrodes comprising a plurality of teeth and layers of insulation material. As disclosed by Greep, the lateral surfaces of the electrode may comprise a flash edge that may comprise a saw-tooth configuration, the entirety of the electrosurgical electrode including the flash edge may be coated with the insulation material, or alternatively the electrosurgical electrode may be partially coated with the including the flash edge such that the flash edges are not coated in order to produce a plurality of concentrated electrical discharge points on the electrosurgical electrode ([Col. 14, lines 41-64], [Col. 17, lines 22-49], [Col. 17, line 65 – Col. 18, line 25], & [Col. 18, line 39 – Col. 19, line 17]). As disclosed by Billings, the electrosurgical electrode may comprise a saw-tooth configuration, the entirety of the electrosurgical electrode including the saw-tooth portion may be coating with the insulation material, or alternatively the bases of the plurality of teeth may be covered with the insulation material while the tip points of the plurality of teeth are exposed from the at least one layer of the insulation material, in order to produce a plurality of concentrated electrical discharge points on the electrosurgical electrode ([Col. 6, lines 30-55]). 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 at least one layer of the insulation material, as disclose by Greep, to include wherein the plurality of teeth protrude through the at least one layer of the insulation material such that (i) the tip points of the plurality of teeth are exposed and extend outwardly of the at least one layer of the insulation material and (ii) the respective bases of the plurality of teeth are covered by the at least one layer of the insulation material, as taught by Billings, as such a modification would provide for a suitable and known configuration for a layer of the insulation material so as to produce the predictable result of providing a plurality of concentrated electrical discharge points on the electrosurgical electrode.
Regarding claim 20, Greep in view of Billings disclose all of the limitations of claim 19, as described above.
Greep further discloses wherein the plurality of teeth are on the first lateral surface and the second lateral surface ([Col. 7, line 60 – Col. 8, line 12], [Col. 8, lines 13-43], [Col. 12, line 57 – Col. 13, line 3], [Col. 15, lines 35-49], & [Col. 16, line 65 – Col. 17, line 64]; Figures 3 & 3A—elements 134A & 134B; Figure 17—element 346; the first lateral surface and the second lateral surface 132A & 132B each define a flash edge 134A & 134B; to enhance or alter the performance characteristics of the electrode tip the flash edges can be formed with dimensions that are non-uniform or change along the working surface for example the flash edges can comprise a saw-tooth configuration 346; “flash edge may take the form of any of the flash edges shown or described herein”).
Regarding claim 21, as best understood in view of the 112(b) rejection above, Greep in view of Billings disclose all of the limitations of claim 19, as described above.
Greep further discloses wherein the plurality of teeth are equally spaced along the at least the first lateral surface or the second lateral surface ([Col. 17, lines 22-47]).
Regarding claim 22, as best understood in view of the 112(b) rejection above, Greep in view of Billings disclose all of the limitations of claim 19, as described above.
Greep further discloses wherein a distance between a first pair of adjacent teeth of the plurality of teeth is different than a distance between a second pair of adjacent teeth of the plurality of teeth (see rejection of claim 19).
Regarding claim 24, Greep in view of Billings disclose all of the limitations of claim 19, as described above.
Greep further discloses wherein the plurality of teeth are on the first lateral surface, the second lateral surface, and a distal-most end of the working end portion, and wherein the distal-most end of the working end portion extends between the first lateral surface, the second lateral surface, the first face, and the second face ([Col. 7, line 60 – Col. 8, line 12], [Col. 8, lines 13-43], [Col. 12, line 57 – Col. 13, line 3], [Col. 15, lines 35-49], & [Col. 16, line 65 – Col. 17, line 64]; Figures 3 & 3A—elements 134A, 134B, & 134C; Figure 17—element 346; the first lateral surface 132A, the second lateral surface 132B, and a distal-most end of the working end portion 132C each define a respective flash edge 134A, 134B, & 134C; to enhance or alter the performance characteristics of the electrode tip the flash edges can be formed with dimensions that are non-uniform or change along the working surface for example the flash edges can comprise a saw-tooth configuration 346; “flash edge may take the form of any of the flash edges shown or described herein”).
Regarding claim 25, Greep in view of Billings disclose all of the limitations of claim 19, as described above.
Greep further discloses wherein the plurality of teeth extend outwardly along a plane that is (i) parallel to a plane defined by a width and a length of the working end portion, and (ii) perpendicular to a thickness of the working end portion, wherein the width is defined between the first lateral surface and the second lateral surface, wherein the length is defined between the proximal electrode end and the distal electrode end, and wherein the thickness is defined between the first face and the second face ([Col. 7, line 60 – Col. 8, line 12], [Col. 8, lines 13-43], [Col. 12, line 57 – Col. 13, line 3], [Col. 15, lines 35-49], & [Col. 16, line 65 – Col. 17, line 64]; Figures 3 & 3A—elements 134A, 134B, & 134C; Figure 17—element 346; the first lateral surface 132A, the second lateral surface 132B, and a distal-most end of the working end portion 132C each define a respective flash edge 134A, 134B, & 134C; to enhance or alter the performance characteristics of the electrode tip the flash edges can be formed with dimensions that are non-uniform or change along the working surface for example the flash edges can comprise a saw-tooth configuration 346; “flash edge may take the form of any of the flash edges shown or described herein”).
Allowable Subject Matter
Claims 1, 4-9, & 15-18 are allowed (as previously indicated).
Conclusion
Accordingly, Claims 12-14, 19-22, & 24-25 are rejected; Claims 1, 4-9, & 15-18 are allowed.
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
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