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 .
Continued Examination Under 37 CFR 1.114
Receipt is acknowledged of a request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e) and a submission, filed on 08/06/2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Examiner acknowledges priority date of 12/18/2019.
Response to Amendment
Examiner acknowledges the amendments made to claims 1, 9 and 20 in accordance with the examiner interview held on 07/31/2025. Currently claims 1-5, 7-16, 18-20, 25-26 are pending in the present application.
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(s) 1-5,7,9-16,18,20, 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorne (US Patent No 20090138013) in view of Cosmescu (US patent No 20180263680) further in view of Narkhede (US Patent No 20190175253) further in view of Naoki (Japanese Patent No 2000139943).
Regarding claim 1, Thorne teaches an electrosurgical electrode (Electrode instrument tip 114, [0039]) for an electrosurgical tool (electrosurgical system 10, [0039]), the electrosurgical electrode comprising: a proximal end configured to receive electrosurgical energy from an electrosurgical tool; a distal end opposite the proximal end (wherein the electrodes distally arranged at one end of device 104 and the other is connected to the proximal power cable 112, [0040]); a cutting-electrode portion extending from the proximal end to the distal end (see fig 10, active electrode 145 used for cutting), wherein the cutting-electrode portion is configured for cutting tissue using the electrosurgical energy received from the electrosurgical tool (surgeon can use active electrode 145 to cut tissue, [0060]); a coagulating-electrode portion extending from the proximal end to the distal end (see fig 10, return electrodes 141 and 142 for coagulating), wherein the coagulating-electrode portion is configured for coagulating tissue using the electrosurgical energy received from the electrosurgical tool (power is provided to one of the return electrodes 141 or 142 while the other remains grounded, providing bipolar coagulation, [0060]); and an insulator between the cutting-electrode portion and the coagulating-electrode portion (see insulative material 143 in fig 10 in between active and return electrodes).
Thorne does not explicitly teach a first side extending between the proximal end and the distal end; a second side extending between the proximal end and the distal end; a first outer edge at a first lateral interface between the first side and the second side; and a second outer edge at a second lateral interface between the first side and the second side, wherein the first side and the second side are on opposing sides of an intermediate plane and the intermediate plane extends through the first outer edge and the second outer edge, wherein the cutting-electrode portion includes the first outer edge, the coagulating- electrode portion includes the second outer edge, and the first outer edge is thinner than the second outer edge, wherein the cutting-electrode portion is configured to perform a cutting operation at the first outer edge, wherein the coagulating-electrode portion is configured to perform a coagulating operation at the second outer edge.
However, the analogous cutting and coagulating electrode assembly of Cosmescu a first side extending between the proximal end and the distal end; a second side extending between the proximal end and the distal end; a first outer edge at a first lateral interface between the first side and the second side; and a second outer edge at a second lateral interface between the first side and the second side, wherein the first side and the second side are on opposing sides of an intermediate plane and the intermediate plane extends through the first outer edge and the second outer edge, wherein the cutting-electrode portion includes the first outer edge, the coagulating- electrode portion includes the second outer edge, and the first outer edge is thinner than the second outer edge, wherein the cutting-electrode portion is configured to perform a cutting operation at the first outer edge, wherein the coagulating-electrode portion is configured to perform a coagulating operation at the second outer edge (see annotated figure 2 below).
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Cosmescu Annotated Figure 2: Cutting and Coagulating Electrode Structure.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the electrode system assembly of Thorne to have the electrode system structure of Cosmescu in order to simultaneously cut and coagulate tissue at the same time in a very minimally invasive way as disclosed by Cosmescu, [0002].
The combination of Thorne and Cosmescu do not explicitly teach wherein the intermediate plane extends through the insulator, the cutting-electrode portion, and the coagulating-electrode portion.
However, the analogous cutting and coagulating electrode system of Narkhede does teach wherein the intermediate plane extends through the insulator, the cutting-electrode portion, and the coagulating-electrode portion (see fig 5 in which an intermediate plane would extend through the cutting element 10, coagulation element 6, and the insulating body 20 found between the cutting and coagulating elements).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the previous cutting and coagulating system of Thorne and Cosmescu with the insulating body configuration of Narkhede in order to effectively isolate the cutting and coagulating elements during treatment as disclosed by Narkhede, [0074].
Neither of the prior art of Thorne, Cosmescu nor Narkhede teach wherein the cutting-electrode portion extends from the first side to the second side, and the cutting-electrode portion extends from the first outer edge to the insulator, wherein the coagulating-electrode portion extends from the first side to the second side, and the coagulating -electrode portion extends from the second outer edge to the insulator.
However, the analogous coagulating and cutting treatment device disclosed by Naoki does teach a treatment end effector containing a cutting electrode (incision electrode 28), insulator (insulating member 27) and coagulating electrode (second electrode portion 29 which functions as a coagulating electrode) that contains the structure of the cutting-electrode portion extends from the first side to the second side, and the cutting-electrode portion extends from the first outer edge to the insulator, wherein the coagulating-electrode portion extends from the first side to the second side, and the coagulating -electrode portion extends from the second outer edge to the insulator (see the Naoki annotated figure 15 below in which the coagulating 29 and cutting electrode 28 extend fully from a first side to a second side uninterrupted, as well as the cutting electrode 28 extending from a first edge towards the insulator 27, and then the coagulating electrode 29 extending from a second edge to the insulator 27).
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Naoki Annotated Figure 15.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the teachings of the electrosurgical system from the previous prior art with that of the specific cutting electrode and coagulating electrode configuration separated by an insulating element as shown and taught by Naoki in order to operate the system to simultaneously provide cutting energy and coagulating energy to the target region, while keeping the different modes of energy delivery isolated as taught by the prior art of Naoki.
Regarding claim 2, Thorne teaches the electrosurgical electrode of claim 1, wherein a surface area of the cutting-electrode portion is smaller than a surface area of the coagulating-electrode portion (see fig 3, also see the size of the active electrode much smaller than size of the return electrodes or else the system 104 wouldn’t function correctly, para [0044]).
Regarding claim 3, Thorne teaches the electrosurgical electrode of claim 2, wherein a surface area of the cutting-electrode portion is approximately 5 percent to approximately 50 percent of a surface area of the coagulating-electrode portion (wherein the area of the return electrodes should be at least three times the area of the active electrode, [0010], and therefore is roughly 33% the surface area of the coagulating electrode and falling within the claimed range).
Regarding claim 4, Thorne teaches the electrosurgical electrode of claim 1, wherein a longitudinal axis extends from the proximal end toward the distal end, and wherein, along the longitudinal axis, the cutting-electrode portion and the coagulating- electrode portion are separated by approximately 0.1 - 0.5 millimeters (mm) (minimum distance between the two electrodes of 0.1mm to 3mm, [0050]).
Regarding claim 5, Thorne teaches the electrosurgical electrode of claim 1, wherein the cutting-electrode portion is separated from the coagulating-electrode portion over an entire length of the electrosurgical electrode between the proximal end and the distal end (see fig 10 and 11 for cross sectional view of return electrodes 141,142 and active electrode 145 separated for entire length by insulator, see also [0059]).
Regarding claim 7, Thorne teaches the electrosurgical electrode of claim 1, wherein the insulator comprises a material selected from a group consisting of a plastic, a ceramic, and an enamel (insulative material can be plastic or ceramic, [0041]).
Regarding claim 9, Thorne teaches an electrosurgical system comprising: an electrosurgical tool and an electrosurgical electrode (Electrode instrument tip 114, [0039]) comprising: a proximal end configured to receive electrosurgical energy from an electrosurgical tool (electrosurgical system 10, [0039]); a distal end opposite the proximal end (wherein the electrodes distally arranged at one end of device 104 and the other is connected to the proximal power cable 112, [0040]); a cutting-electrode portion extending from the proximal end to the distal end (see fig 10, active electrode 145 used for cutting), wherein the cutting-electrode portion is configured for cutting tissue using the electrosurgical energy received from the electrosurgical tool (surgeon can use active electrode 145 to cut tissue, [0060]); a coagulating-electrode portion extending from the proximal end to the distal end (see fig 10, return electrodes 141 and 142 for coagulating), wherein the coagulating-electrode portion is configured for coagulating tissue using the electrosurgical energy received from the electrosurgical tool (power is provided to one of the return electrodes 141 or 142 while the other remains grounded, providing bipolar coagulation, [0060]); and an insulator between the cutting-electrode portion and the coagulating-electrode portion (see insulative material 143 in fig 10 in between active and return electrodes); and an electrosurgical tool comprising :a housing having a distal end and proximal end (housing 123, [0042]), at least one electrical conductor configured to couple the electrosurgical electrode to an electrosurgical generator (generator 100 includes connections 102 and 103 for connecting the electrode tools, [0039]), a receptacle at the distal end configured to couple to the proximal end of the electrosurgical electrode (Device 104 is connected to connections 102 and 103 of electrosurgical generator 100 using any conventional means, such as, for example, cable 112, [0039], and therefore is inherent to have a way to electrically couple the conductors to the electrode) , and at least one user input device configured to select between a cutting mode of operation and a coagulation mode of operation (actuator 111 which can accomplish the switching of power modes prompted by a user button, [0060]), wherein, in the cutting mode of operation, the electrosurgical tool supplies the electrosurgical energy from the at least one electrical conductor to the cutting-electrode portion of the electrosurgical electrode and not the coagulating-electrode portion of the electrosurgical electrode, and wherein, in the coagulation mode of operation, the electrosurgical tool supplies the electrosurgical energy from the at least one electrical conductor to at least the coagulating-electrode portion of the electrosurgical electrode (see [0060], which explains how system can be used for both cutting and coagulation via the actuator 111 which defines where and how much energy is supplied to the cutting electrode 145 or the coagulating electrodes 141, 142).
Thorne does not explicitly teach a first side extending between the proximal end and the distal end; a second side extending between the proximal end and the distal end; a first outer edge at a first lateral interface between the first side and the second side; and a second outer edge at a second lateral interface between the first side and the second side, wherein the first side and the second side are on opposing sides of an intermediate plane and the intermediate plane extends through the first outer edge and the second outer edge, wherein the cutting-electrode portion includes the first outer edge, the coagulating- electrode portion includes the second outer edge, and the first outer edge is thinner than the second outer edge, wherein the cutting-electrode portion is configured to perform a cutting operation at the first outer edge, wherein the coagulating-electrode portion is configured to perform a coagulating operation at the second outer edge.
However, the analogous cutting and coagulating electrode assembly of Cosmescu a first side extending between the proximal end and the distal end; a second side extending between the proximal end and the distal end; a first outer edge at a first lateral interface between the first side and the second side; and a second outer edge at a second lateral interface between the first side and the second side, wherein the first side and the second side are on opposing sides of an intermediate plane and the intermediate plane extends through the first outer edge and the second outer edge, wherein the cutting-electrode portion includes the first outer edge, the coagulating- electrode portion includes the second outer edge, and the first outer edge is thinner than the second outer edge, wherein the cutting-electrode portion is configured to perform a cutting operation at the first outer edge, wherein the coagulating-electrode portion is configured to perform a coagulating operation at the second outer edge (see annotated figure 2 below).
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Cosmescu Annotated Figure 2: Cutting and Coagulating Electrode Structure.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the electrode system assembly of Thorne to have the electrode system structure of Cosmescu in order to simultaneously cut and coagulate tissue at the same time in a very minimally invasive way as disclosed by Cosmescu, [0002].
The combination of Thorne and Cosmescu do not explicitly teach wherein the intermediate plane extends through the insulator, the cutting-electrode portion, and the coagulating-electrode portion.
However, the analogous cutting and coagulating electrode system of Narkhede does teach wherein the intermediate plane extends through the insulator, the cutting-electrode portion, and the coagulating-electrode portion (see fig 5 in which an intermediate plane would extend through the cutting element 10, coagulation element 6, and the insulating body 20 found between the cutting and coagulating elements).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the previous cutting and coagulating system of Thorne and Cosmescu with the insulating body configuration of Narkhede in order to effectively isolate the cutting and coagulating elements during treatment as disclosed by Narkhede, [0074].
Neither of the prior art of Thorne, Cosmescu nor Narkhede teach wherein the cutting-electrode portion extends from the first side to the second side, and the cutting-electrode portion extends from the first outer edge to the insulator, wherein the coagulating-electrode portion extends from the first side to the second side, and the coagulating -electrode portion extends from the second outer edge to the insulator.
However, the analogous coagulating and cutting treatment device disclosed by Naoki does teach a treatment end effector containing a cutting electrode (incision electrode 28), insulator (insulating member 27) and coagulating electrode (second electrode portion 29 which functions as a coagulating electrode) that contains the structure of the cutting-electrode portion extends from the first side to the second side, and the cutting-electrode portion extends from the first outer edge to the insulator, wherein the coagulating-electrode portion extends from the first side to the second side, and the coagulating -electrode portion extends from the second outer edge to the insulator (see the Naoki annotated figure 15 below in which the coagulating 29 and cutting electrode 28 extend fully from a first side to a second side uninterrupted, as well as the cutting electrode 28 extending from a first edge towards the insulator 27, and then the coagulating electrode 29 extending from a second edge to the insulator 27).
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Naoki Annotated Figure 15.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the teachings of the electrosurgical system from the previous prior art with that of the specific cutting electrode and coagulating electrode configuration separated by an insulating element as shown and taught by Naoki in order to operate the system to simultaneously provide cutting energy and coagulating energy to the target region, while keeping the different modes of energy delivery isolated as taught by the prior art of Naoki.
Regarding claim 10, Thorne teaches the electrosurgical system of claim 9, wherein the at least one user input device comprises: a first input device that is operable to cause the electrosurgical generator to supply the electrosurgical energy to the cutting-electrode portion; and a second input device that is operable to cause the electrosurgical generator to supply the electrosurgical energy to the coagulating-electrode portion (may include one or more power actuators 111 to allow the activation of the bipolar generator and give the user the ability to switch between different waveform outputs and power levels for cutting and coagulation activation, [0042]).
Regarding claim 11, Thorne teaches the electrosurgical system of claim 9, wherein the at least one electrical conductor comprises: a first conductor that is configured to couple the cutting-electrode portion to the electrosurgical generator; and a second conductor that is configured to couple the coagulating-electrode portion to the electrosurgical generator (One connection, such as, for example, connection 102, provides electrical power or is an electrical power source to the active electrode while the other connection, such as for example, connection 103 provides the electrical connection to the return electrodes, [0039], acting as the cutting and coagulating electrodes).
Regarding claim 12, Thorne teaches the electrosurgical system of claim 9, wherein the receptacle is configured to removably couple to the proximal end of the electrosurgical electrode by a friction- fit coupling (connector housing 123 is coupled to the handle in a manner known to those versed in the art, [0042], in this case friction-fit).
Regarding claim 13, Thorne teaches the electrosurgical system of claim 9, wherein a surface area of the cutting-electrode portion is smaller than a surface area of the coagulating-electrode portion (see fig 3, also see the size of the active electrode much smaller than size of the return electrodes or else the system 104 wouldn’t function correctly, para [0044]).
Regarding claim 14, Thorne teaches the electrosurgical system of claim 13, wherein a surface area of the cutting-electrode portion is approximately 5 percent to approximately 35 percent of a surface area of the coagulating-electrode portion (wherein the area of the return electrodes should be at least three times the area of the active electrode, [0010], and therefore is roughly 33% the surface area of the coagulating electrode and falling within the claimed range).
Regarding claim 15, Thorne teaches the electrosurgical system of claim 9, wherein a longitudinal axis extends from the proximal end toward the distal end, and wherein, along the longitudinal axis, the cutting-electrode portion and the coagulating- electrode portion are separated by approximately 0.1 millimeters (mm) to approximately 0.5 mm (minimum distance between the two electrodes of 0.1mm to 3mm, [0050]).
Regarding claim 16, Thorne teaches the electrosurgical system of claim 9, wherein the cutting-electrode portion is separated from the coagulating-electrode portion over an entire length of the electrosurgical electrode between the proximal end and the distal end (see fig 10 and 11 for cross sectional view of return electrodes 141,142 and active electrode 145 separated for entire length by insulator, see also [0059]).
Regarding claim 18, Thorne teaches the electrosurgical system of claim 9, wherein the insulator comprises a material selected from a group consisting of a plastic, a ceramic, and an enamel (insulative material can be plastic or ceramic, [0041]).
Regarding claim 20, Thorne teaches a method of making an electrosurgical electrode for an electrosurgical tool (Electrode instrument tip 114, [0039]), the method comprising: forming a cutting-electrode portion (see fig 10, active electrode 145 used for cutting); forming a coagulating-electrode portion (see fig 10, return electrodes 141 and 142 for coagulating); positioning an insulator between cutting-electrode portion and the coagulating-electrode portion (see insulative material 143 in fig 10 in between active and return electrodes); and coupling the cutting-electrode portion to the coagulating-electrode portion with the insulator between the cutting-electrode portion and the coagulating-electrode portion (see fig 11 and 12 for insulation between active and return coagulating electrodes held by housing coupling 123), wherein the cutting-electrode portion is configured for cutting tissue using electrosurgical energy received from an electrosurgical tool (energy is provided so the surgeon can use active electrode 145 to cut tissue, [0060]), and wherein the coagulating-electrode portion is configured for coagulating tissue using the electrosurgical energy received from the electrosurgical tool (power is provided to one of the return electrodes 141 or 142 while the other remains grounded, providing bipolar coagulation, [0060]).
Thorne does not explicitly teach a first side extending between the proximal end and the distal end; a second side extending between the proximal end and the distal end; a first outer edge at a first lateral interface between the first side and the second side; and a second outer edge at a second lateral interface between the first side and the second side, wherein the first side and the second side are on opposing sides of an intermediate plane and the intermediate plane extends through the first outer edge and the second outer edge, wherein the cutting-electrode portion includes the first outer edge, the coagulating- electrode portion includes the second outer edge, and the first outer edge is thinner than the second outer edge, wherein the cutting-electrode portion is configured to perform a cutting operation at the first outer edge, wherein the coagulating-electrode portion is configured to perform a coagulating operation at the second outer edge.
However, the analogous cutting and coagulating electrode assembly of Cosmescu a first side extending between the proximal end and the distal end; a second side extending between the proximal end and the distal end; a first outer edge at a first lateral interface between the first side and the second side; and a second outer edge at a second lateral interface between the first side and the second side, wherein the first side and the second side are on opposing sides of an intermediate plane and the intermediate plane extends through the first outer edge and the second outer edge, wherein the cutting-electrode portion includes the first outer edge, the coagulating- electrode portion includes the second outer edge, and the first outer edge is thinner than the second outer edge, wherein the cutting-electrode portion is configured to perform a cutting operation at the first outer edge, wherein the coagulating-electrode portion is configured to perform a coagulating operation at the second outer edge (see annotated figure 2 below).
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Cosmescu Annotated Figure 2: Cutting and Coagulating Electrode Structure.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the electrode system assembly of Thorne to have the electrode system structure of Cosmescu in order to simultaneously cut and coagulate tissue at the same time in a very minimally invasive way as disclosed by Cosmescu, [0002].
The combination of Thorne and Cosmescu do not explicitly teach wherein the intermediate plane extends through the insulator, the cutting-electrode portion, and the coagulating-electrode portion.
However, the analogous cutting and coagulating electrode system of Narkhede does teach wherein the intermediate plane extends through the insulator, the cutting-electrode portion, and the coagulating-electrode portion (see fig 5 in which an intermediate plane would extend through the cutting element 10, coagulation element 6, and the insulating body 20 found between the cutting and coagulating elements).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the previous cutting and coagulating system of Thorne and Cosmescu with the insulating body configuration of Narkhede in order to effectively isolate the cutting and coagulating elements during treatment as disclosed by Narkhede, [0074].
Neither of the prior art of Thorne, Cosmescu nor Narkhede teach wherein the cutting-electrode portion extends from the first side to the second side, and the cutting-electrode portion extends from the first outer edge to the insulator, wherein the coagulating-electrode portion extends from the first side to the second side, and the coagulating -electrode portion extends from the second outer edge to the insulator.
However, the analogous coagulating and cutting treatment device disclosed by Naoki does teach a treatment end effector containing a cutting electrode (incision electrode 28), insulator (insulating member 27) and coagulating electrode (second electrode portion 29 which functions as a coagulating electrode) that contains the structure of the cutting-electrode portion extends from the first side to the second side, and the cutting-electrode portion extends from the first outer edge to the insulator, wherein the coagulating-electrode portion extends from the first side to the second side, and the coagulating -electrode portion extends from the second outer edge to the insulator (see the Naoki annotated figure 15 below in which the coagulating 29 and cutting electrode 28 extend fully from a first side to a second side uninterrupted, as well as the cutting electrode 28 extending from a first edge towards the insulator 27, and then the coagulating electrode 29 extending from a second edge to the insulator 27).
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Naoki Annotated Figure 15.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the teachings of the electrosurgical system from the previous prior art with that of the specific cutting electrode and coagulating electrode configuration separated by an insulating element as shown and taught by Naoki in order to operate the system to simultaneously provide cutting energy and coagulating energy to the target region, while keeping the different modes of energy delivery isolated as taught by the prior art of Naoki.
Regarding claim 25, the combination teaches the electrosurgical electrode of claim 1, wherein a thickness of the insulator has is equal to or greater than a thickness of the cutting-electrode portion (see Narkhede, fig 5 in which the insulating body 20 is significantly thicker than the cutting electrode 10).
Regarding claim 26, the combination teaches the electrosurgical electrode of claim 1, wherein a thickness of the insulator has is equal to or greater than a thickness of the coagulating-electrode portion (see Narkhede, fig 5 in which the insulating body 20 is significantly thicker than the coagulating element 6).
Claim(s) 8,19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorne (US Patent No 20090138013) in view of Cosmescu (US patent No 20180263680) further in view of Narkhede (US Patent No 20190175253) further in view of Naoki (Japanese Patent No 2000139943) further in view of Hancock et al (US Patent no 20180280084).
Regarding claim 8 and 19, the prior combination teaches the electrosurgical electrode system previously claimed,
The prior combination does not teach wherein the cutting-electrode portion and the coagulating-electrode portion are covered in a non-stick material comprising at least one material selected from silicone, siloxane and polytetrafluoroethylene.
However, the analogous electrosurgical cutting and coagulation device of Hancock does teach the cutting-electrode portion and the coagulating-electrode portion are covered in a non-stick material comprising at least one material selected from silicone, siloxane and Teflon (coating is made of a silicone-based material, [0075]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the electrosurgical system of Thorne, Cosmescu, Narkhede and Naoki to have the silicone-based coating on the electrode taught by Hancock in order to provide a flexible cover that dissipates heat well according to Hancock, [0133].
Response to Arguments
Applicant’s arguments, see remarks, filed 08/06/2025, with respect to the rejection(s) of the amended claim(s) 1, 9 and 20 under Thorne, Cosmescu and Narkhede have been fully considered and are persuasive as per agreed upon in the examiner interview dated 07/31/2025. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Naoki.
In regards to the arguments made about the prior art of record of Thorne, Cosmescu and Narkhede, they have been considered but are rendered moot. As the submission of the claim amendments to claims 1, 9 and 20 which clarified the scope of the claim limitations has necessitated further search and consideration in which it has been found that new analogous prior art of record of Naoki discloses the cutting, coagulating and insulating elements as claimed with their direct structural correlation to the order of the element in regards to the first and second edges as claimed by the present amended limitation. See also the Naoki annotated figure 15 above for further illustrations disclosing the structural correlation of the cutting, coagulating and insulating elements. Therefore, the independent claims 1, 9 and 20 remain rejected under the new prior art of record rejection of Thorne in view of Cosmescu further in view of Narkhede further in view of Naoki as shown in the present office action.
As no further arguments or amendments have been made in view of the other claims, they remain rejected under the present prior art of record rejection set forth as they are dependent on the rejected independent claims.
Conclusion
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/LINDA C DVORAK/Primary Examiner, Art Unit 3794
/KYLE M. BROWN/Examiner, Art Unit 3794