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 02/23/2026.
Response to Amendment
Examiner acknowledges the present status of the application with amendments made to claims 16 and 31-34 with claim 23 cancelled in the present prosecution. Claims 16-18, 20-22 and 24-36 are currently pending in prosecution.
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) 16-17, 20-27, 29-30 is/are rejected under 35 U.S.C. 103 as being anticipated by Lee (US Patent No 20060206028) in view of Uchiyama (US Patent No 4898574) further in view of Mcdonnell (US Patent No 5591184).
Regarding claim 16, Lee teaches a cutting device (ablating/cutting apparatus 1, [0060]) comprising: a body (see injection and ablation unit body 200, [0084]) having a distal opening (see injector nozzle 106 in Fig 12A which the opening from the proximal fluid source to the distal opening, [0062]) configured to emit a fluid jet of fluid along a longitudinal axis of the body (injector nozzle 106 configured to delivering and injecting the pressurized source fluid into the treatment body, [0023], in which it occurs on the longitudinal axis of the body according to the distal opening seen in fig 12A); a distal wall (deflector head 206, [0084]) having a surface extending in a direction transverse to the longitudinal axis and facing the distal opening to receive the fluid jet (see fig 12A which shows the deflector head main portion as transverse the longitudinal axis, fig 12A also shows the lower portion of the deflector head 206 which is configured at an angle to guide the treatment fluid throughout the device), the distal wall including a protrusion configured to engage tissue (see fig 12B in which the lower portion of the deflector 206 head engages the tissue, [0084], see also the guide wire 108 which protrudes from the deflector head 206 which is also used for tissue engagement, [0062])
Lee does not explicitly teach wherein the distal wall protrusion is configured to pierce the tissue.
However, the analogous fluid jet apparatus taught by Uchiyama does disclose a distal wall protrusion configured to pierce the target tissue (see fig 8 which shows projections 38 found on the distal end face of the distal tip 14 configured pierce and project against a body wall).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the jet cutting device of Lee, with the piercing protrusions taught by Uchiyama as it is another known form for one skilled in the art to engage the target tissue and keep it in place during device treatment as disclosed by Uchiyama, [0015].
Furthermore, the combination does not teach an interim fluid channel configured to provide the fluid to the distal opening of the body; a valve positioned within a distal portion of the interim fluid channel; a spring positioned (1) within the distal portion of the interim fluid channel and (2) distal to the valve; and an egress channel located between an opening of the interim fluid channel and the distal opening of the body, wherein a distal portion of the egress channel is substantially parallel to the distal portion of the interim fluid channel, wherein the valve and the spring are configured to maintain the fluid within the interim fluid channel until a pressure of the fluid is above a threshold.
However, the analogous fluid jet surgical system taught by Mcdonnell does disclose an interim fluid channel configured to provide the fluid to the distal opening of the body (see the fluid channel 62 which is seen as the equivalent interim fluid channel, fig 8); a valve positioned within a distal portion of the interim fluid channel (see fluid inlet check valve 102, fig 8, which is found distal to the interim fluid channel); a spring positioned (1) within the distal portion of the interim fluid channel and (2) distal to the valve (see the spring element 106 found in the distal portion of the fluid channel and distal to the valve element 102, fig 8); and an egress channel located between an opening of the interim fluid channel and the distal opening of the body (fluid chamber 88 seen as the analogous egress valve to allow for fluid to escape to the distal opening), wherein a distal portion of the egress channel is substantially parallel to the distal portion of the interim fluid channel (see from fig 7 in which the interim channel 62 is found in parallel to the fluid egress channel 88), wherein the valve and the spring are configured to maintain the fluid within the interim fluid channel until a pressure of the fluid is above a threshold (wherein the check valve 102 and spring element 106 are configured to maintain the fluid pressure within the system, [0009]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the fluid cutting device of Lee and Uchiyama with the specific valve/spring system and structure disclosed by Mcdonnell in order to obtain an ideal fluid pressure for cutting the treatment tissue as disclosed by Mcdonnell, [0009].
Regarding claim 17, the combination teaches the cutting device of claim 16, wherein the distal opening emits the fluid jet at a pressure to cut the tissue (Lee, an injector nozzle 106 that forcefully ejects the pressurized source blood 404 into the blood vessel under treatment 420 for ablating, [0062], or cutting).
Regarding claim 20, the combination teaches the cutting device of claim 16, wherein the interim fluid channel comprises a narrowing having a smaller diameter than a proximal portion of the interim fluid channel and a distal portion of the interim fluid channel (Lee, see fig 12A for proximal fluid tubes 102 having a larger opening and the nozzle 106 on the distal end having a smaller opening to allow for increased pressure during injection, [0074]).
Regarding claim 21, the combination teaches the cutting device of claim 16, wherein the interim fluid channel tapers in cross- sectional size from the proximal opening of the interim fluid channel to the distal opening of the interim fluid channel (Lee, see fig 12A for the nozzle 106 attached to the fluid tube 102 or interim channel which tapers in size from small cross section at the distal end to a large cross section at the proximal end, [0074]).
Regarding claim 22, the combination teaches the cutting device of claim 16, wherein the protrusion comprises one or more pointed tips to engage the tissue (Lee, see discharging tip 122 which is found on the distal end of the deflector head 206 which is used to easily pierce and engage the tissue, [0063]).
Regarding claim 23, the combination teaches the cutting device of claim 16, wherein the body receives a fluid via an egress channel located between the interim fluid channel and the distal opening of the body (Lee, see from fig 12A in which there is a space for discharging the fluid between the nozzle feature 106 and the distal end structure 206 which is therein equated to the egress channel).
Regarding claim 24, the combination teaches the cutting device of claim 16, wherein the valve is fixedly coupled to the spring (Mcdonnell, check valve 102 contains the spring element 106, thereby being fixedly coupled), the valve and the spring are positioned between the interim fluid channel and the distal opening, and the valve is proximal to the spring (Mcdonnell, see the spring element 106 found in the distal portion of the fluid channel and distal to the valve element 102, fig 8).
Regarding claim 25, the combination teaches the cutting device of claim 16, wherein the valve is a one-way valve (Lee, chamber can be one-way valve, [0060]), and the spring is a coil spring having a distal end fixed within the body (Mcdonnell, check valve 102 contains the spring element 106, thereby being fixedly coupled).
Regarding claim 26, the combination teaches the cutting device of claim 16, wherein the body is electrically conductive to deliver radio frequency (RF) energy to the tissue (Lee, ablation unit body 200 can be in use with an RF discharging tip 126 in which the deflector head 206 needs to be conductive to deliver RF energy to the tissue, [0087]).
Regarding claim 27, the combination teaches the cutting device of claim 26, wherein the RF energy delivered to the body is conductive to the surface of the distal wall (Lee, ablation unit body 200 can be in use with an RF discharging tip 126 in which the deflector head or distal wall 206 needs to be conductive to deliver RF energy to the tissue, [0087]).
Regarding claim 29, the combination teaches the cutting device of claim 16, further comprising a flexible tube coupled to the interim fluid channel, the flexible tube including a channel to deliver the fluid to the interim fluid channel (Lee, wherein the injection unit 100 comprises a series connection of a flexible delivery tube 102 configured to transport the treatment fluid, [0062]).
Regarding claim 30, the combination teaches the cutting device of claim 29, wherein the flexible tube includes an electrically conductive tube, wire, cable, or braid for delivery of radio frequency (RF) energy to the body (Lee, a thin coaxial RF waveguide cable which also carries DC current would need to thread through the primary outlet 16, the delivery tube 102 and the secondary manifold 104, [0065]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent No 20060206028) in view of Uchiyama (US Patent No 4898574) further in view of Mcdonnell (US Patent No 5591184) further in view of Patterson (US Patent No 5944686).
Regarding claim 18, the combination of Lee, Uchiyama and Mcdonnell teach the cutting device of claim 17.
The previous combination does not teach wherein the pressure is at or below 250 pounds per square inch.
However, the analogous fluid jet system disclosed by Patterson does teach wherein the pressure is at or below 250 pounds per square inch (jet stream pressure which falls between 1 to 50,000 PSI, [0008], which the range encompasses the claimed pressure).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the fluid cutting system of the previous combination with the specific cutting pressure disclosed by Patterson in order to have the cutting system propel the fluid to cut the target tissue with an effective and ideal target jet as disclosed by Patterson, [0008].
Claim(s) 31-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent No 20060206028) in view of Uchiyama (US Patent No 4898574) further in view of Mcdonnell (US Patent No 5591184) further in view of Weitzner (US Patent No 20180206864).
Regarding claim 31, Lee teaches a cutting device (ablating/cutting apparatus 1, [0060]) comprising: a tubular member having a proximal end coupled to a fluid source and a distal end (see fig 12A for the delivery tubes 102a and 102b found on the proximal side which contain openings for maintaining fluid communication, [0062]) structure configured to receive fluid from the tubular member (injector nozzle 106 configured to receive the pressurized source fluid from the tube 102 and direct into the treatment body, [0023]) , the distal end structure comprising a fluid channel (wherein the delivery tubes 102 are found in the distal end structure for directing the fluid, [0062]); a body including a distal opening (see injector nozzle 106 in Fig 12A which the opening from the proximal fluid source to the distal opening, [0062]) and configured to receive fluid from a fluid channel and to emit a fluid jet along a longitudinal axis (injector nozzle 106 configured to delivering and injecting the pressurized source fluid into the treatment body, [0023], in which it occurs on the longitudinal axis of the body according to the distal opening seen in fig 12A); and a distal wall having a surface extending in a direction transverse to the longitudinal axis and facing the distal opening to receive the fluid jet (see fig 12A which shows the deflector head main portion as transverse the longitudinal axis, fig 12A also shows the lower portion of the deflector head 206 which is configured at an angle to guide the treatment fluid throughout the device), configured to pierce tissue (see fig 12B in which the lower portion of the deflector 206 head engages the tissue, [0084], see also the guide wire 108 which protrudes from the deflector head 206 which is also used for tissue engagement, [0062]) and a bed region disposed between the distal opening and the distal wall (see fig 12B which shows a bed region as part of the deflector head 206 on the top of the x-axis region), wherein the bed region, the distal wall (deflector head 206), and a portion of the body defining the distal opening together define a space for receiving tissue (Downstream injection catheter 114 along with the deflector head 206 is meant to define an opening to be in contact with the treatment vessel/tissue 420, [0062]).
Lee does not teach the distal wall including a protrusion comprising a hook.
However, the analogous fluid jet apparatus taught by Uchiyama does disclose the distal wall including a protrusion comprising a hook. (see Uchiyama, fig 20, which comprises a backup plate 80 which has a serrated edge for hooking and engaging the tissue within a clamp, therefore acting as a hook to engage the tissue surface).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the jet cutting device of Lee, with the piercing protrusions taught by Uchiyama as it is another known form for one skilled in the art to engage the target tissue and keep it in place during device treatment as disclosed by Uchiyama, [0015].
Furthermore, the combination does not teach an interim fluid channel configured to provide the fluid to the distal opening of the body; a valve positioned within a distal portion of the interim fluid channel; a spring positioned (1) within the distal portion of the interim fluid channel and (2) distal to the valve; and an egress channel located between an opening of the interim fluid channel and the distal opening of the body, wherein a distal portion of the egress channel is substantially parallel to the distal portion of the interim fluid channel, wherein the valve and the spring are configured to maintain the fluid within the interim fluid channel until a pressure of the fluid is above a threshold.
However, the analogous fluid jet surgical system taught by Mcdonnell does disclose an interim fluid channel configured to provide the fluid to the distal opening of the body (see the fluid channel 62 which is seen as the equivalent interim fluid channel, fig 8); a valve positioned within a distal portion of the interim fluid channel (see fluid inlet check valve 102, fig 8, which is found distal to the interim fluid channel); a spring positioned (1) within the distal portion of the interim fluid channel and (2) distal to the valve (see the spring element 106 found in the distal portion of the fluid channel and distal to the valve element 102, fig 8); and an egress channel located between an opening of the interim fluid channel and the distal opening of the body (fluid chamber 88 seen as the analogous egress valve to allow for fluid to escape to the distal opening), wherein a distal portion of the egress channel is substantially parallel to the distal portion of the interim fluid channel (see from fig 7 in which the interim channel 62 is found in parallel to the fluid egress channel 88), wherein the valve and the spring are configured to maintain the fluid within the interim fluid channel until a pressure of the fluid is above a threshold (wherein the check valve 102 and spring element 106 are configured to maintain the fluid pressure within the system, [0009]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the fluid cutting device of Lee and Uchiyama with the specific valve/spring system and structure disclosed by Mcdonnell in order to obtain an ideal fluid pressure for cutting the treatment tissue as disclosed by Mcdonnell, [0009].
Lee also does not explicitly teach wherein the space is open on a first side opposite the bed region and on two lateral sides.
However, the analogous catheter cutting and removal device taught by Weitzner does teach wherein the space is open on a first side opposite the bed region and on two lateral sides (see [0035] which discloses that the planar arm 120 has one or more apertures present on the sides of the arm, which by definition has openings on the lateral sides, see as well as fig 5 which shows the open-ended planar surface 120 which is open on the lateral sides).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the structure and teachings of the cutting device of Lee to contain the specific open ended bed region disclosed by Weitzner in order to help direct the fluid flow in the correct direction as well as allow for sufficient space to clear all of the cut debris present as taught by Weitzner, [0035].
Regarding claim 32, the combination teaches the cutting device of claim 31, (Lee, see fluid delivery tube 102a for delivering treatment fluid, fig 12A), wherein an egress channel is located between an opening of the interim fluid channel of the distal end structure and the distal opening (Lee, see from fig 12A in which there is a space for discharging the fluid between the nozzle feature 106 and the distal end structure 206 which is therein equated to the egress channel) and wherein the interim fluid channel of the distal end structure tapers in cross-sectional size from a proximal end of the interim fluid channel to a distal end of the interim fluid channel (Lee, see fig 12A for the nozzle 106 which is part of the fluid channel 102 which tapers in size from small cross section at the distal end to a large cross section at the proximal end, [0074]).
Regarding claim 33, the combination of Lee and Uchiyama teach the cutting device of claim 31, wherein the tubular member receives a fluid at the proximal end of the tubular member (Lee, receives fluid from fluid tube 102, [0062]).
Lee does not teach, the valve is fixedly coupled to the spring, the valve and spring are positioned between the proximal end of the tubular member and the body, the valve is a one-way valve, and the spring is a coil spring having a distal end fixed within the tubular member.
However, the analogous water jet surgery system disclosed by Mcdonnell does teach the valve is fixedly coupled to the spring (Mcdonnell, check valve 102 contains the spring element 106, thereby being fixedly coupled), the valve and spring are positioned between the proximal end and the distal end, (Mcdonnell, see the spring element 106 found in the distal portion of the fluid channel and distal to the valve element 102, fig 8), the valve is a one way valve (Lee, chamber can be one-way valve, [0060]), and the spring is a coil spring having a distal end fixed within the tubular member (Mcdonnell, check valve 102 contains the spring element 106, thereby being fixedly coupled).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the fluid cutting device of Lee with the specific valve/spring system disclosed by Mcdonnell in order to obtain an ideal fluid pressure for cutting the treatment tissue as disclosed by Mcdonnell, [0009].
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent No 20060206028) in view of Weitzner (US Patent No 20180206864) further in view of Mcdonnell (US Patent No 5591184).
Regarding claim 34, Lee teaches a method of cutting tissue (ablating/cutting apparatus 1, [0060]), the method comprising: placing at a tissue region a cutting device proximate a tissue of interest (ablating apparatus 1 of the present invention is applied to a human or animal circulatory system on the inner lining of a blood vessel or treatment site 420, [0060]); piercing the tissue of interest with a protrusion of the cutting device to hold the cutting device in a position proximate the tissue of interest (see discharging tip 122 which is found on the distal end of the deflector head 206 which is used to easily pierce and engage the tissue, [0063]); and emitting fluid from a distal opening of the cutting device towards a distal wall surface of the cutting device along a longitudinal axis (injector nozzle 106 configured to delivering and injecting the pressurized source fluid into the treatment body, [0023], in which it occurs on the longitudinal axis of the body according to the distal opening seen in fig 12A), wherein the distal wall surface extends in a direction transverse to the longitudinal axis and faces the distal opening to receive the fluid (see fig 12A which defines the deflector head 206 or the distal wall in a direction transverse to the longitudinal or z-axis. Furthermore, the direction of the arrows in fig 12A show the fluid flow and how the deflector head 206 receives the fluid flow for treatment), wherein the fluid cuts the tissue of interest (an injector nozzle 106 that forcefully ejects the pressurized source blood 404 into the blood vessel under treatment 420 for ablating, [0062], or cutting).
Lee does not teach wherein the emitted fluid is directed into the tissue region after the distal wall surface receives the fluid.
However, the analogous catheter cutting and removal device taught by Weitzner does teach the emitted fluid is directed into the tissue region after the distal wall surface receives the fluid (see Weitzner, [0034] in which the fluid ejection is directed against the back arm 120 and deflected in a range from 70 to 110 degrees to the tissue region).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the structure and teachings of the cutting device of Lee to contain the specific open ended bed region to direct fluid into the tissue disclosed by Weitzner in order to help direct the fluid flow in the correct direction as well as allow for sufficient space to clear all of the cut debris present as taught by Weitzner, [0035].
Furthermore, the combination does not teach an interim fluid channel configured to provide the fluid to the distal opening of the body; a valve positioned within a distal portion of the interim fluid channel; a spring positioned (1) within the distal portion of the interim fluid channel and (2) distal to the valve; and an egress channel located between an opening of the interim fluid channel and the distal opening of the body, wherein a distal portion of the egress channel is substantially parallel to the distal portion of the interim fluid channel, wherein the valve and the spring are configured to maintain the fluid within the interim fluid channel until a pressure of the fluid is above a threshold.
However, the analogous fluid jet surgical system taught by Mcdonnell does disclose an interim fluid channel configured to provide the fluid to the distal opening of the body (see the fluid channel 62 which is seen as the equivalent interim fluid channel, fig 8); a valve positioned within a distal portion of the interim fluid channel (see fluid inlet check valve 102, fig 8, which is found distal to the interim fluid channel); a spring positioned (1) within the distal portion of the interim fluid channel and (2) distal to the valve (see the spring element 106 found in the distal portion of the fluid channel and distal to the valve element 102, fig 8); and an egress channel located between an opening of the interim fluid channel and the distal opening of the body (fluid chamber 88 seen as the analogous egress valve to allow for fluid to escape to the distal opening), wherein a distal portion of the egress channel is substantially parallel to the distal portion of the interim fluid channel (see from fig 7 in which the interim channel 62 is found in parallel to the fluid egress channel 88), wherein the valve and the spring are configured to maintain the fluid within the interim fluid channel until a pressure of the fluid is above a threshold (wherein the check valve 102 and spring element 106 are configured to maintain the fluid pressure within the system, [0009]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the fluid cutting device of Lee and Uchiyama with the specific valve/spring system and structure disclosed by Mcdonnell in order to obtain an ideal fluid pressure for cutting the treatment tissue as disclosed by Mcdonnell, [0009].
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent No 20060206028 in view of Uchiyama (US Patent No 4898574) further in view of Mcdonnell (US Patent No 5591184) further in view of Epstein (US Patent No 20020169394).
Regarding claim 28, the combination of teaches the cutting device of claim 16, wherein the body further comprises a bottom surface disposed along the longitudinal axis between the distal opening and the surface of the distal wall to define a region to engage tissue (Lee, see fig 12A for the downstream injection catheter 114 which is found on both the top and bottom surface between the proximal fluid tubes 102 and distal nozzle 106. Downstream injection catheter 114 is meant to be in contact with the treatment vessel/tissue 420, [0062])
None of the previously used art of record discloses that the bottom surface includes an adhesive coating configured to adhere to tissue.
However, the analogous fluid tissue delivery system of Eppstein does teach that the bottom surface includes an adhesive coating configured to adhere to tissue (see Eppstein, [0132], wherein the bottom surface of the substrate 110 seen on the bottom side of the fluid delivery device may have a layer of adhesive to adhere the tissue to the device).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the previous prior art of record fluid cutting device of Lee and Uchiyama to have the adhesive coating on the bottom of the fluid cutting device as taught by Eppstein, as it is another known method for one skilled in the art to engage and maintain tissue position during treatment, as taught by Eppstein, [0132].
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent No 20060206028) in view of Weitzner (US Patent No 20180206864) further in view of Epstein (US Patent No 20020169394) further in view of Benn (US Patent No 20110190762).
Regarding claim 35, the combination of Lee and Weitzner teach the method of claim 34.
None of the previously used art of record discloses that the bottom surface includes an adhesive coating configured to adhere to tissue.
However, the analogous fluid tissue delivery system of Eppstein does teach that the bottom surface includes an adhesive coating configured to adhere to tissue (see Eppstein, [0132], wherein the bottom surface of the substrate 110 seen on the bottom side of the fluid delivery device may have a layer of adhesive to adhere the tissue to the device).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the previous prior art of record fluid cutting device of Lee and Uchiyama to have the adhesive coating on the bottom of the fluid cutting device as taught by Eppstein, as it is another known method for one skilled in the art to engage and maintain tissue position during treatment, as taught by Eppstein, [0132].
Furthermore, the previous combination does not explicitly teach further comprising delivering radio frequency (RF) energy to the distal wall surface to coagulate the tissue of interest,
However, Lee does teach supplying the deflector head or distal wall 206 with RF energy, and using RF energy for the use of coagulation is very well known to those skilled in the art, for example the analogous electrosurgical instrument of Benn teaches using and varying RF voltage to switch between cutting and coagulation applications ([0045]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to have the RF energy delivered to the cutting/ablating apparatus of the previous combination also be used for coagulating the target tissue region in order to treat and seal the target treatment region of the patient as taught by Benn, [0045].
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent No 20060206028) in view of Uchiyama (US Patent No 4898574) further in view of Mcdonnell (US Patent No 5591184) further in view of Weitzner (US Patent No 20180206864) further in view of Epstein (US Patent No 20020169394).
Regarding claim 36, the combination of Lee, Uchiyama, Mcdonnell and Wietzner teach the cutting device of claim 31.
None of the previously used art of record discloses that the bottom surface includes an adhesive coating configured to adhere to tissue.
However, the analogous fluid tissue delivery system of Eppstein does teach that the bottom surface includes an adhesive coating configured to adhere to tissue (see Eppstein, [0132], wherein the bottom surface of the substrate 110 seen on the bottom side of the fluid delivery device may have a layer of adhesive to adhere the tissue to the device).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the previous prior art of record fluid cutting device of Lee and Weitzner to have the adhesive coating on the bottom of the fluid cutting device as taught by Eppstein, as it is another known method for one skilled in the art to engage and maintain tissue position during treatment, as taught by Eppstein, [0132].
Response to Arguments
Applicant’s arguments, see remarks, filed 02/23/2026, with respect to the rejection(s) of amended claim(s) 16, 31 and 34 under the previous prior art of record have been fully considered and are persuasive as per discussed in the prior examiner interview. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mcdonnell.
As per discussed in the interview dated 02/20/2026, the examiner agrees with the applicant that neither the prior art of record explicitly disclosed the amended claim language of the independent claims 16, 31 and 34 that an interim fluid channel configured to provide the fluid to the distal opening of the body; a valve positioned within a distal portion of the interim fluid channel; a spring positioned (1) within the distal portion of the interim fluid channel and (2) distal to the valve; and an egress channel located between an opening of the interim fluid channel and the distal opening of the body, wherein a distal portion of the egress channel is substantially parallel to the distal portion of the interim fluid channel, wherein the valve and the spring are configured to maintain the fluid within the interim fluid channel until a pressure of the fluid is above a threshold. However, after further search and consideration necessitated by the claim amendment it has been found that the new prior art of record of Mcdonnell does teach all of the structural deficiencies of the previous prior art of record rejection. Specifically, Mcdonnell does teach and suggest an interim fluid channel configured to provide the fluid to the distal opening of the body (see the fluid channel 62 which is seen as the equivalent interim fluid channel, fig 8); a valve positioned within a distal portion of the interim fluid channel (see fluid inlet check valve 102, fig 8, which is found distal to the interim fluid channel); a spring positioned (1) within the distal portion of the interim fluid channel and (2) distal to the valve (see the spring element 106 found in the distal portion of the fluid channel and distal to the valve element 102, fig 8); and an egress channel located between an opening of the interim fluid channel and the distal opening of the body (fluid chamber 88 seen as the analogous egress valve to allow for fluid to escape to the distal opening), wherein a distal portion of the egress channel is substantially parallel to the distal portion of the interim fluid channel (see from fig 7 in which the interim channel 62 is found in parallel to the fluid egress channel 88), wherein the valve and the spring are configured to maintain the fluid within the interim fluid channel until a pressure of the fluid is above a threshold (wherein the check valve 102 and spring element 106 are configured to maintain the fluid pressure within the system, [0009]) as structurally claimed in the present amended claim limitations. Therefore, as the new prior art of record of Mcdonnell discloses the limitations of claims 16, 31 and 34 as amended, the claims remain rejected under the new prior art of record rejection of Lee in view of Uchiyama further in view of Mcdonnell set forth in the present office action.
As no further comments or remarks have been made about any more of the dependent claims, they too remain rejected under the prior art of record rejection set forth in this office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE M BROWN whose telephone number is (703)756-4534. The examiner can normally be reached 8:00-5:00pm EST, Mon-Fri, alternating Fridays off.
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/KYLE M. BROWN/Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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