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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
Examiner acknowledges the amendments made to claims 1, 13, and 18 with claims 2, 3, 9, 11, 16, 19 and 20 cancelled in prosecution. Claims 1, 4-8, 10, 12-15, 17-18 remain pending in the present application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 7-8, 10, 13, 15, 18 is/are rejected under 35 U.S.C. 103 as being anticipated by Brannan (US Patent No 20140259641) in view of Reid (US Patent No 9943359) further in view of Gilbert (US Patent No 20170079708).
Regarding claim 1, Brannan teaches an energy-delivery device for delivering energy to tissue (microwave ablation device, [abstract]), comprising: a handle body (handle body chamber 26, [0048]); an antenna assembly coupled to the handle body and extending distally therefrom (antenna assembly 12, [0048], see also fig 1 for extending distally); a transmission line having a first end portion configured to be coupled to the handle body and a second end portion configured to be coupled to an energy source (see cable assembly 15 configured to attach to the handle body 26 and the microwave generator 28, see fig 2A); a first mating part coupled to the handle body (see the transition assembly 80 which connects the handle to the cable assembly 15, [0054]), the first mating part defining a recess (see fig 1 and 3A, in which there is a recess depicted in the transition assembly 80 to receive the projection from the cable 15) wherein the connection is to detachably, electrically couple a wire of the transmission line to the temperature sensor (see [0074] in which a thermocouple wire is connected to a temperature sensor 102 on the transmission line 11), wherein the first and second mating parts are configured to detachably couple the transmission line to the antenna assembly (and cable assembly 15 is operably coupled to the handle portion 26 of the probe 20, thereby being operably attached via the transition assembly found within the handle portion 26, [0058], therefore disclosing a second mating part attached to the cable 15, see also fig 1).
Brannan does not explicitly state the first mating part defining a recess and at least one aperture being formed in the first mating part and electrically coupled to a temperature sensor of the antenna assembly; and a second mating part coupled to the first end portion of the transmission line, the second mating part including a projection configured for receipt in the recess and at least one node that, upon coupling of the first and second mating parts is received within the at least one aperture.
However, the analogous microwave ablation needle device taught by Reid does teach the first mating part (see the fig 3A defining the first mating part shown on ablation device 200) defining a recess (see the proximal end 252 contains recesses used to engage the recess projections 216, fig 3A) and at least one aperture being formed in the first mating part and electrically coupled to a temperature sensor of the antenna assembly (see from the fig 3A in which the electrical contacts 272 which are used to electrically couple the ablation device to the working or transmission assembly form an aperture so the respective ends of the contacts 272 can come into electrical contact); and a second mating part coupled to the first end portion of the transmission line (see from 3A the transmission assembly mating part 210 which is seen as the second mating part), the second mating part including a projection configured for receipt in the recess (the recess projections 216 configured to engage the proximal end 252 of the first mating part, fig 3A) and at least one node that, upon coupling of the first and second mating parts is received within the at least one aperture (see the notches 218 seen as the equivalent nodes which are received in the formed apertures when the first and second parts 200 and 210 are mated, Col 7, lines 25-50).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the microwave energy delivery device taught by Brannan with that of the specific first a second mating device configuration which is disclosed by Reid, in order to allow for an effective mating system to allow for electrical continuity from the transmission device to the working device as taught by Reid, (Col 7, lines 25-50).
Brannan nor Reid teach wherein the first and second mating parts are magnetically coupled.
However, having magnetically coupled mating mechanisms for energy transmission connections are obvious and well known in the art. For example, see the teachings of Gilbert in which it is disclosed that the contact coupling mechanism between the transmission line and the electrosurgical device may contain magnetic coupling components, [0328] and [0356].
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the energy delivery device of Brannan and Reid to contain the specific magnetic coupling features of Gilbert as it is another known method to one skilled in the art to maintain connection constant tension between energy transmission interfaces, as taught by Gilbert, [0328].
Regarding claim 7, Brannan teaches the energy-delivery device according to claim 1, wherein the first mating part is disposed at a proximal-facing end of the handle body and faces a proximal direction (see fig 1, showing the mating interface of transition assembly 80 found proximal of the system 10 and facing a proximal direction).
Regarding claim 8, Brannan teaches the energy-delivery device according to claim 1, wherein the first mating part is disposed at a proximal portion of the handle body and faces a direction that is perpendicular to a longitudinal axis defined by the antenna assembly (see fig 1, showing the mating interface of transition assembly 80 found proximal of the system 10 and faces downward or perpendicular to the longitudinal feedline axis 14, [0074]).
Regarding claim 10, Brannan teaches the energy-delivery device according to claim 1, wherein the second mating part is rotatable relative to the first mating part while remaining coupled to the first mating part (when the sheath relative to the mating connection of the transitional assembly 80 can be rotatable up to 180 degrees in use, [0107]).
Regarding claim 13, Brannan teaches a microwave-energy delivery device (microwave ablation device, [abstract]), comprising: a handle body (handle body chamber 26, [0048]); an antenna assembly coupled to the handle body and extending distally therefrom (antenna assembly 12, [0048], see also fig 1 for extending distally) the antenna assembly including a temperature sensor (see [0074] in which a thermocouple wire is connected to a temperature sensor 102 on the transmission line 11) ; a transmission line having a first end portion configured to be coupled to the handle body and a second end portion configured to be coupled to an energy source (see cable assembly 15 configured to attach to the handle body 26 and the microwave generator 28, see fig 2A); the mating components are configured to detachably, electrically couple a wire of the transmission line to the temperature sensor (see [0074] in which a thermocouple wire is connected to a temperature sensor 102 on the transmission line 11).
Brannan does not explicitly state the first mating part defining a recess and at least one aperture being formed in the first mating part and electrically coupled to a temperature sensor of the antenna assembly; and a second mating part coupled to the first end portion of the transmission line, the second mating part including a projection configured for receipt in the recess and at least one node that, upon coupling of the first and second mating parts is received within the at least one aperture.
However, the analogous microwave ablation needle device taught by Reid does teach the first mating part (see the fig 3A defining the first mating part shown on ablation device 200) defining a recess (see the proximal end 252 contains recesses used to engage the recess projections 216, fig 3A) and at least one aperture being formed in the first mating part and electrically coupled to a temperature sensor of the antenna assembly (see from the fig 3A in which the electrical contacts 272 which are used to electrically couple the ablation device to the working or transmission assembly form an aperture so the respective ends of the contacts 272 can come into electrical contact); and a second mating part coupled to the first end portion of the transmission line (see from 3A the transmission assembly mating part 210 which is seen as the second mating part), the second mating part including a projection configured for receipt in the recess (the recess projections 216 configured to engage the proximal end 252 of the first mating part, fig 3A) and at least one node that, upon coupling of the first and second mating parts is received within the at least one aperture (see the notches 218 seen as the equivalent nodes which are received in the formed apertures when the first and second parts 200 and 210 are mated, Col 7, lines 25-50).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the microwave energy delivery device taught by Brannan with that of the specific first a second mating device configuration which is disclosed by Reid, in order to allow for an effective mating system to allow for electrical continuity from the transmission device to the working device as taught by Reid, (Col 7, lines 25-50).
Brannan nor Reid teach wherein the first and second mating parts are magnetically coupled.
However, having magnetically coupled mating mechanisms for energy transmission connections are obvious and well known in the art. For example, see the teachings of Gilbert in which it is disclosed that the contact coupling mechanism between the transmission line and the electrosurgical device may contain magnetic coupling components, [0328] and [0356].
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the energy delivery device of Brannan and Reid to contain the specific magnetic coupling features of Gilbert as it is another known method to one skilled in the art to maintain connection constant tension between energy transmission interfaces, as taught by Gilbert, [0328].
Regarding claim 15, Brannan teaches the microwave-energy delivery device according to claim 13, wherein the second mating part is rotatable relative to the first mating part while remaining coupled to the first mating part (when the sheath relative to the mating connection of the transitional assembly 80 can be rotatable up to 180 degrees in use, [0107]).
Regarding claim 18, Brannan teaches a method of using a microwave-energy delivery device, comprising: inserting an antenna assembly of a microwave-energy delivery device into a body (treatment may involve inserting the probes into target tissue areas, [0004]) while the antenna assembly is detached from a transmission line of the microwave-energy delivery device (once the probes are positioned the electromagnetic energy is connected to the probe and treatment may begin, [0004]); and coupling a first mating part disposed at a first end portion of the transmission line after the antenna assembly is inserted into the body (and cable assembly 15 is operably coupled to the handle portion 26 of the probe 20, thereby being operably attached via the transition assembly found within the handle portion 26, [0058], therefore disclosing a second mating part attached to the cable 15, see also fig 1), thereby detachably coupling a coaxial cable of the transmission line to a feedline of the antenna assembly (in which the transmission cable 15 can be coaxially disposed and connected to the feedline 14, [0053]-[0055]) (see [0074] in which a thermocouple wire is connected to a temperature sensor 102 on the transmission line 11. Furthermore, it is defined by an engagement element 306 which may be a groove or recess equating to the aperture in order to couple the temperature sensor to the transmission line).
Brannan does not explicitly state the first mating part defining a recess and at least one aperture being formed in the first mating part and electrically coupled to a temperature sensor of the antenna assembly; and a second mating part coupled to the first end portion of the transmission line, the second mating part including a projection configured for receipt in the recess and at least one node that, upon coupling of the first and second mating parts is received within the at least one aperture.
However, the analogous microwave ablation needle device taught by Reid does teach the first mating part (see the fig 3A defining the first mating part shown on ablation device 200) defining a recess (see the proximal end 252 contains recesses used to engage the recess projections 216, fig 3A) and at least one aperture being formed in the first mating part and electrically coupled to a temperature sensor of the antenna assembly (see from the fig 3A in which the electrical contacts 272 which are used to electrically couple the ablation device to the working or transmission assembly form an aperture so the respective ends of the contacts 272 can come into electrical contact); and a second mating part coupled to the first end portion of the transmission line (see from 3A the transmission assembly mating part 210 which is seen as the second mating part), the second mating part including a projection configured for receipt in the recess (the recess projections 216 configured to engage the proximal end 252 of the first mating part, fig 3A) and at least one node that, upon coupling of the first and second mating parts is received within the at least one aperture (see the notches 218 seen as the equivalent nodes which are received in the formed apertures when the first and second parts 200 and 210 are mated, Col 7, lines 25-50).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the microwave energy delivery device taught by Brannan with that of the specific first a second mating device configuration which is disclosed by Reid, in order to allow for an effective mating system to allow for electrical continuity from the transmission device to the working device as taught by Reid, (Col 7, lines 25-50).
Brannan nor Reid teach wherein the first and second mating parts are magnetically coupled.
However, having magnetically coupled mating mechanisms for energy transmission connections are obvious and well known in the art. For example, see the teachings of Gilbert in which it is disclosed that the contact coupling mechanism between the transmission line and the electrosurgical device may contain magnetic coupling components, [0328] and [0356].
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the energy delivery device of Brannan and Reid to contain the specific magnetic coupling features of Gilbert as it is another known method to one skilled in the art to maintain connection constant tension between energy transmission interfaces, as taught by Gilbert, [0328].
Claim(s) 4,5, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brannan (US Patent No 20140259641) in view of Reid (US Patent No 9943359) further in view of Gilbert (US Patent No 20170079708) further in view of Benamou (US Patent No 20190083121).
Regarding claim 4, the combination of Brannan, Reid and Gilbert teach the energy-deliver device according to claim 1, the prior combination does not teach wherein the projection includes a plurality of tabs arranged in a circular array, the plurality of tabs configured to flex radially inward upon receipt within the recess.
However, the analogous high frequency delivery and coupling device of Benamou does disclose the projection includes a plurality of tabs arranged in a circular array, the plurality of tabs configured to flex radially inward upon receipt within the recess (see fig 22 in which the tabs 737 on the flex arms are inwardly inserted into corresponding openings 740 when the probe is coupled to the transmission line, [0139]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the energy delivery device disclosed by the prior combination with the specific type of mate coupling disclosed by Benamou as it is just another form of ensuring a tight fit and ensuring electrical continuity between coupled parts.
Regarding claim 5, the combination teaches the energy-delivery device according to claim 4, wherein the first mating part includes a rod centrally disposed within the recess (Benamou, see interior channel 720, [0136]), and the second mating part includes a tubular member disposed within the plurality of tabs, the tubular member configured to receive the rod (Benamou, see the outer sleeve 716 which is configured to receive the interior channel 720, [0136]).
Regarding claim 14, the previous combination of Brannan, Reid and Gilbert teach The microwave-energy delivery device according to claim 13,
The previous combination does not teach wherein the projection includes a plurality of tabs arranged in a circular array, the plurality of tabs configured to flex radially inward upon receipt within the recess.
However, the analogous high frequency delivery and coupling device of Benamou does disclose the projection includes a plurality of tabs arranged in a circular array, the plurality of tabs configured to flex radially inward upon receipt within the recess (see fig 22 in which the tabs 737 on the flex arms are inwardly inserted into corresponding openings 740 when the probe is coupled to the transmission line, [0139]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the energy delivery device disclosed by Brannan, Reid and Gilbert with the specific type of mate coupling disclosed by Benamou as it is just another form of ensuring a tight fit and ensuring electrical continuity between coupled parts.
Claim(s) 6, 12, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brannan (US Patent No 20140259641) in view of Reid (US Patent No 9943359) further in view of Gilbert (US Patent No 20170079708) further in view of Germain (US Patent No 20180000534).
Regarding claim 6, the combination of Brannan, Reid and Gilbert teach the energy deliver device according to claim 1, the prior combination does not teach wherein the first mating part defines a pair of depressions disposed on opposite sides of the recess, and the second mating part has a pair of surface features disposed on opposite sides of the projection, the pair of depressions configured to receive the corresponding pair of surface features.
However, the analogous High frequency connective device disclosed by Germain does teach in which a couple has the first mating part defines a pair of depressions disposed on opposite sides of the recess (see the slots 477, [0063], see also fig 7, which equate to the depressions), and the second mating part has a pair of surface features disposed on opposite sides of the projection (see the pin 476, [0058], see also fig 7, which equates to the projections), the pair of depressions configured to receive the corresponding pair of surface features (see fig 7 for the pin 476 sliding into the slots 477 for when the mating features are coupled).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the energy delivery device disclosed by the previous combination with the specific type of mate coupling disclosed by Germain as it is just another form of ensuring a tight fit and ensuring electrical continuity between coupled parts.
Regarding claim 12, the combination teaches the energy-deliver device according to claim 1, wherein the first mating part defines a pair of slits and the second mating part has a pair of flexible arms configured for receipt within the corresponding pair of slits (Germain, see the slots 477, [0063], and the pins 476, [0058], which act as the flexible mating arms, see also fig 7).
Regarding claim 17, the combination teaches the microwave-energy delivery device according to claim 13, wherein the first mating part defines a pair of slits and the second mating part has a pair of flexible arms configured for receipt within the corresponding pair of slits (Germain, see the slots 477, [0063], and the pins 476, [0058], which act as the flexible mating arms, see also fig 7).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 13 and 18 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.
Regarding the arguments that the claims 1, 13 and 18 as currently amended are not taught by the prior art of record of Brannan or Gilbert have been considered but ultimately falls moot. The examiner agrees with applicant that the previous prior art of record failed to teach the limitations as amended, however, after further search and consideration necessitated by the amendment, it has been found that the new prior art of record of Reid teaches all of the deficiencies of the old prior art of record. Specifically, the new prior art of Reid does teach the first mating part (see the fig 3A defining the first mating part shown on ablation device 200) defining a recess (see the proximal end 252 contains recesses used to engage the recess projections 216, fig 3A) and at least one aperture being formed in the first mating part and electrically coupled to a temperature sensor of the antenna assembly (see from the fig 3A in which the electrical contacts 272 which are used to electrically couple the ablation device to the working or transmission assembly form an aperture so the respective ends of the contacts 272 can come into electrical contact); and a second mating part coupled to the first end portion of the transmission line (see from 3A the transmission assembly mating part 210 which is seen as the second mating part), the second mating part including a projection configured for receipt in the recess (the recess projections 216 configured to engage the proximal end 252 of the first mating part, fig 3A) and at least one node that, upon coupling of the first and second mating parts is received within the at least one aperture (see the notches 218 seen as the equivalent nodes which are received in the formed apertures when the first and second parts 200 and 210 are mated, Col 7, lines 25-50), as currently amended in the present claim language. Therefore, as the new prior art of record of Reid teaches all of the deficiencies of the previous prior art of record, the amended claims 1, 13 and 18 remain rejected under the new prior art of record rejection of Brannan in view of Reid further in view of Gilbert set forth in the present office action.
As no further arguments or remarks have been made for any other claim limitations, all other claims remain rejected by the new prior art of record rejection set forth in the present office action as per their dependency on the rejected independent claims 1, 13, and 18.
Conclusion
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/LINDA C DVORAK/Primary Examiner, Art Unit 3794
/KYLE M. BROWN/Examiner, Art Unit 3794