Prosecution Insights
Last updated: October 25, 2026
Application No. 17/695,745

TECHNIQUES FOR DETERMINING TISSUE TYPES

Final Rejection §102§103§112
Filed
Mar 15, 2022
Priority
Jan 27, 2021 — provisional 63/142,260 +5 more
Examiner
STUMPFOLL, DANA LYNN
Art Unit
3794
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Novascan Inc.
OA Round
4 (Final)
54%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
33 granted / 61 resolved
-15.9% vs TC avg
Strong +44% interview lift
Without
With
+43.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
28 currently pending
Career history
108
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
48.6%
+8.6% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
24.8%
-15.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 61 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment The amendment filed July 28th, 2026 has been entered. Claims 1-6, 8-13, 17-18, and 20-29 remain pending in the application. Claims 7, 14-16 and 19 have been cancelled. Claims 23-26 are withdrawn from consideration. Applicant’s amendments to the claims have overcome the rejections previously set forth in the Non-Final Office Action mailed January 20th, 2026. Response to Arguments Applicant’s arguments filed July 17th, 2026 with respect to claims 1-6, 8-13, 17-18, and 20-29 have been considered but are not persuasive. With regards to applicant’s argument’s that Johnson fails to disclose the grid pattern as claimed by applicant, the examiner respectfully disagrees. The examiner relied upon the discloses of Johnson in Paragraph [0088] that recites “electrode 18e can include one or more coupled sensors 22 to measure impedance (seen as electrodes)”. Therefore, the examiner’s interpretation of the electrodes 22 comprising a grid pattern across the guidewires is found to be relevant as this is broadly claimed and the specific of Figures 18A-18B are not claimed and therefore do not limit how the examiner can interpret this limitation within the claim. Further the applicant’s amendments have changed the scope of the claim. See new grounds for rejection below. Claim Objections Claim 18 is objected to because of the following informalities: Claim 18 recites “of the at least one of the two or more guidewires”, should read – of the --. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 2-3 and 28-29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 2 recites “wherein each of the two or more pluralities of electrodes is shaped to curve outward relative to a longitudinal axis of the instrument head”. It is unclear as to how the electrodes are shaped to curve outwards when they are disposed on the guidewires. The examiner suggests modifying the claim and revising the other claims that are dependent on claim 1 to reflect the embodiment the applicant is trying to claim in claim 1. Claims 4 recites “discloses wherein each of the two or more pluralities of electrodes comprises Nitinol”. It is unclear as to how the electrodes are formed of Nitinol and disposed on the guidewires. The examiner is of the stance this is referring to a different embodiment than what the applicant is trying to claim and suggests modifying the claims to reflect the embodiment the applicant is trying to claim in claim 1. Claim 29 recites “wherein each of the two or more electrodes comprises Nitinol”. It is unclear as to whether the electrodes of the embodiment as claimed in claim 27 comprises Nitinol as this embodiment is described as the extension comprising Nitinol and not the electrodes (see Paragraphs [0052]-[0053] and [0057]) The examiner suggests modifying the claims to reflect the embodiment the applicant is trying to claim in claim 27. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-5, 8, 17-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Johnson et al. (U.S. PGPub. No. 2003/0109871) herein referred to as “Johnson”. Regarding claim 1, Johnson discloses a medical device (apparatus 10, Figure 1), comprising: an instrument head (distal tip 16, Figure 1), that includes: two or more guidewires, wherein each guidewire protrudes from the instrument head in a different outward direction (resilient member 18 (seen as guidewires) protrude in a different outward direction from the instrument head, Figures 1-2, 14-15A, 18 and 20), two or more pluralities of electrodes configured to acquire a plurality of impedance measurements at a location associated with the instrument head (one or more RF electrodes 18e, Paragraph [0086], Figures 1-2, electrode 18e can include one or more coupled sensors 22 to measure impedance (seen as electrodes), Paragraph [0088], one or more impedance measurements, Paragraph [0102]), wherein electrodes of the two or more pluralities of electrodes are arranged in a grid pattern across the two or more guidewires (electrodes 22 in grid pattern, see modified Figure 18 below). PNG media_image1.png 316 447 media_image1.png Greyscale and a medical device tool (introducer 12 includes one or more lumens 13, wherein ports 24’ can be coupled to the one or more lumens 13 and can include fluid and gas ports/connectors for the delivery of cooling, electrolytic, irrigation, polymer and other fluid (both liquid and gas) described herein, (seen as a medical device tool), Paragraph [0084], Figure 2) an impedance bridge selectively coupled to the two or more pluralities of electrodes (impedance bridge between two or more electrodes 18e through sensors 22, Paragraph [0088], Figures 2-5); and a processor coupled to the impedance bridge (monitoring device 19 or microprocessor 339 are configured to analyze an impedance profile 19p including real and imaginary components and perform tissue identification and/or tissue differentiation between one or more sampled volumes 5sv, Paragraph [0073]), wherein the processor is configured to determine a tissue type map based on the plurality of impedance measurements (deployment of the impedance sensing member 22m or sensors 22 can be controlled such that telemetry can be used with impedance feedback to identify tissue types and map the topography of tissue masses, tumors or tissue structures, Paragraph [0058], impedance monitoring device 19 can be configured to perform tissue identification, and mapping of tissue masses and structures, Paragraph [0072], sub-module 19mi includes subroutines or algorithms configured to generate an impedance map or derived image 4’ of all or a portion of the target tissue volume 5’, Paragraph [0102], Figures 6 and 27, see also end of Paragraph [0102], and Paragraph [0105]). Regarding claim 2, Johnson discloses the medical device of claim 1. Johnson further discloses wherein each of the two or more pluralities of electrodes is shaped to curve outward relative to a longitudinal axis of the instrument head (impedance treatment apparatus 10 comprises one or more resilient members 18, resilient members can be deployed with curvature from introducer 12, one or more resilient members 18 can be an energy delivery device or energy delivery member 18e (i.e., an electrode), Figure 2 and Figure 25A, Paragraph [0053]). Regarding claim 3, Johnson discloses the medical device of claim 1. Johnson further discloses wherein each of the two or more pluralities of electrodes includes a flexible material (one or more resilient members 18 can be an energy delivery device or energy delivery member 18e (i.e., an electrode), Figure 2 and Figure 25A, Paragraph [0053], resilient members 18 may be made of a suitable memory metal such as nitinol, Figure 2, Paragraph [0087]). Regarding claim 4, Johnson discloses the medical device of claim 1. Johnson further discloses wherein each of the two or more pluralities of electrodes comprises Nitinol (one or more resilient members 18 can be an energy delivery device or energy delivery member 18e (i.e., an electrode), Figure 2 and Figure 25A, Paragraph [0053], resilient members 18 may be made of a suitable memory metal such as nitinol, Figure 2, Paragraph [0087]). Regarding claim 5, Johnson discloses the medical device of claim 1. Johnson further discloses wherein the two or more pluralities of electrodes extend to an adjustable extension length relative to an aperture of the instrument head (resilient members 18 (i.e., with electrodes 18e) are configured to be in non-deployed positions while retained in introducer 12, as resilient members 18 are advanced out of introducer 12 they become distended to a deployed state as a result of their spring or shape memory that collectively defines an ablative volume 5av, Figures 1 and 2, Paragraph [0085]). Regarding claim 8, Johnson discloses the medical device of claim 1. Johnson does not explicitly disclose wherein the instrument head includes a sheath, and the two or more guidewires selectively retracts into the sheath (guidewires 18 are retractable into the sheath 12, Figures 15G-15H, Paragraph [0088]). Regarding claim 17, Johnson discloses the medical device of claim 1. Johnson further discloses wherein each guidewire extends from the instrument head in a different direction (resilient members 18, 18’ extend from the instrument head in different directions, Figure 2), and an electrode of each of the two or more pluralities of electrodes is located at a tip of a respective one of the two or more guidewires (electrodes 18e including impedance sensors 22 and sensing members 22m can have a variety of shapes and geometries and are located on distal ends of the guidewires 18, Figure 2, and 15a-15f, Paragraph [0087]). Regarding claim 18, Johnson discloses the medical device of claim 1. Johnson further discloses wherein each electrode of the two or more pluralities of electrodes is located at a lateral position along a respective guidewire of the at least one of the two or more guidewires (electrodes 18e including impedance sensors 22 and sensing members 22m can have a variety of shapes and geometries and are located at a lateral position along the respective guidewires 18, 18’, Figure 2, and 15a-15f, Paragraph [0087]). Regarding claim 20, Johnson discloses the medical device of claim 18. Johnson further discloses wherein the two or more guidewires are coupled to an extension tip of the instrument head (advancement-retraction member 34 (seen as an extension tip of the instrument head), Figure 18), and retracting the extension tip changes a shape of each guidewire from a parallel configuration to a protruding configuration (retracting the advancement-retraction member 34 changes a shape of each guidewire 18 from a parallel configuration to a protruding configuration as the resilient members are advanced out of the introducer 12, see modified Figure 18, Paragraphs [0085] and [0088]). PNG media_image2.png 267 425 media_image2.png Greyscale 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 6 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson further in view of Prakash et al. (U.S. PGPub. No. 2020/0237435) herein referred to as “Prakash”. Regarding claim 6, Johnson discloses the medical device of claim 1. However Johnson does not explicitly disclose wherein the medical device tool includes a clamp, and the two or more pluralities of electrodes are located at different positions along a length of the clamp. Prakash discloses a medical device for determining tissue type and the condition of the tissue being treated utilizing electrical property measurements of tissue (Paragraph [0002]). Prakash discloses a medical device (forceps, Paragraph [0012]) wherein the medical device tool includes a clamp (end effector 310, Figures 7 and 8, Paragraph [0056]), and the two or more pluralities of electrodes are located at different positions along a length of the clamp (two or more electrodes 250, 350, 450, and 550 are located at different positions along a length of the clamp, Figures 7 and 8, Paragraph [0056]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson to incorporate the teachings of Prakash by including wherein the medical device tool includes a clamp, and the two or more pluralities of electrodes are located at different positions along a length of the clamp. The motivation to do so being to grasp the tissue to between jaw members to stabilize the tissue and determine the type of tissue between the jaw members (Prakash, Paragraph [0057]). Claims 9 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson further in view of Goedeke et al. (U.S. PGPub. No. 2018/0161577) herein referred to as “Goedeke”. Regarding claim 9, Johnson in view of Goedeke discloses the medical device of claim 1. Johnson does not explicitly disclose wherein the instrument head includes a sheath, and the two or more guidewires selectively retracts into the sheath (guidewires 18 are retractable into the sheath 12, Figures 15G-15H, Paragraph [0088]). However Johnson does not explicitly disclose wherein the sheath includes an extension, and the guidewire selectively retracts into the extension. Goedeke discloses wherein the instrument head includes a sheath (instrument head 506, includes a sheath 502, Figure 5), the sheath includes an extension (extension (see modified Figure 5 below)), and the guidewire selectively retracts into the extension (guidewire 514 retracts into the extension, Figure 5, Paragraph [0507]). PNG media_image3.png 588 492 media_image3.png Greyscale It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson to incorporate the teachings of Goedeke by including wherein the instrument head includes a sheath, the sheath includes an extension, and the guidewire selectively retracts into the extension. The motivation to do so being to selectively deploy the catheter during the delivery and implantation of the catheter (Goedeke, Paragraph [0507]). Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson further in view of Fang et al. (U.S. PGPub. No. 2020/0297419) herein referred to as “Fang”. Regarding claim 10, Johnson discloses the medical device of claim 1. However Johnson does not explicitly disclose wherein the instrument head includes an extension, and the two or more electrodes are located at different positions along a length of the extension. Fang discloses a catheter (Paragraph [0001]), wherein the instrument head (longitudinal axis of catheter body 12 comprises head, starting at 16, Figure 1, Paragraph [0030]) includes an extension (lasso electrode assembly 16, Figures 1 and 2, Paragraph [0030]), and the two or more electrodes are located at different positions along a length of the extension (electrodes 20 are located at different positions along the length of the extension 16, Figure 2, Paragraph [0031]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson to incorporate the teachings of Fang by including wherein the instrument head includes an extension, and the two or more electrodes are located at different positions along a length of the extension. The motivation to do so being to conform to a body tissue shape, thereby creating a desired degree of contact with the tissue to be ablated (Fang, Paragraph [0032]). Regarding claim 11, Johnson in view of Fang discloses the medical device of claim 10. However Johnson does not explicitly disclose wherein the extension selectively bends at a bending location. Fang discloses wherein the extension selectively bends at a bending location (moveable spine 18 travels around the arc of lasso electrode assembly 16 within track 22, Figures 1 and 2, Paragraphs [0030]-[0032]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson to incorporate the teachings of Fang by including wherein the extension selectively bends at a bending location. The motivation to do so being to conform to a body tissue shape, thereby creating a desired degree of contact with the tissue to be ablated (Fang, Paragraph [0032]). Regarding claim 12, Johnson in view of Fang discloses the medical device of claim 10. However Johnson does not explicitly disclose wherein the extension selectively forms a curved shape. Fang discloses wherein the extension selectively forms a curved shape (moveable spine 18 travels around the arc (seen as a curved shape) of lasso electrode assembly 16 within track 22, Figures 1 and 2, Paragraphs [0030]-[0032]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson in view of Hannaford to incorporate the teachings of Fang by including wherein the extension selectively forms a curved shape. The motivation to do so being to conform to a body tissue shape, thereby creating a desired degree of contact with the tissue to be ablated (Fang, Paragraph [0032]). Regarding claim 13, Johnson in view of Fang discloses the medical device of claim 12. However Johnson does not explicitly disclose wherein the extension selectively forms a first curved shape, a second curved shape, or a straight shape. Fang discloses wherein the extension selectively forms a first curved shape, a second curved shape, or a straight shape (moveable spine 18 travels around the arc (seen as a first curved shape) of lasso electrode assembly 16 within track 22, Figures 1 and 2, Paragraphs [0030]-[0032]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson to incorporate the teachings of Fang by including wherein the extension selectively forms a first curved shape, a second curved shape, or a straight shape. The motivation to do so being to conform to a body tissue shape, thereby creating a desired degree of contact with the tissue to be ablated (Fang, Paragraph [0032]). Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson further in view of Stone et al. (U.S. PGPub. No. 2008/0125772) herein referred to as “Stone”. Regarding claim 21, Johnson in view of Hannaford discloses the medical device of claim 1. However Johnson in view of Hannaford does not explicitly disclose wherein the instrument head includes two or more bands, each band protruding from the instrument head in different outward directions, each of the two or more pluralities of electrodes is located at a lateral position along one of the two or more bands, the two or more bands are coupled to an extension tip of the instrument head, and retracting the extension tip changes a shape of each band from a parallel configuration to a protruding configuration. Stone discloses a catheter for diagnosis and treatment (Paragraph [0003]) wherein the instrument (catheter system 10, Figure 2) includes an instrument head (catheter body 14 includes an instrument head at the distal end, Figure 2) includes two or more bands (two or more struts 54, Figure 4), each band protruding from the instrument head in different outward directions (each strut 54 protrudes in a different directions, Figures 2 and 4), each of the two or more pluralities of electrodes is located at a lateral position along one of the two or more bands (electrodes 50 are located at a lateral position along the struts 54, Figure 4, Paragraph [0104]), the two or more bands are coupled to an extension tip of the instrument head (struts 54 are coupled to extension tip 62, Figure 4), and retracting the extension tip changes a shape of each band from a parallel configuration to a protruding configuration (expandable structure 26 is expanded by pulling a pull wire coupled to the distal portion 62, Figures 4, 5, 7A, and 7B, parallel configuration, Figure 7A, to protruding configuration, Figure 7B, Paragraph [0108]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson to incorporate the teachings of Stone by including wherein the instrument head includes two or more bands, each band protruding from the instrument head in different outward directions, each of the two or more pluralities of electrodes is located at a lateral position along one of the two or more bands, the two or more bands are coupled to an extension tip of the instrument head, and retracting the extension tip changes a shape of each band from a parallel configuration to a protruding configuration. The motivation to do so being to use a device with a low profile configuration for insertion and positioning the device to an expandable configuration for engagement with the surrounding tissue once inserted (Stone, Paragraph [0106]). Regarding claim 22, Johnson in view of Hannaford discloses the medical device of claim 1. However Johnson in view of Hannaford does not explicitly disclose wherein the instrument head includes a balloon, a surface of the balloon includes two or more bands, each of the two or more pluralities of electrodes is located at a lateral position along a respective one of the two or more bands, and inflating the balloon changes a shape of each band from a parallel configuration to a protruding configuration. Stone discloses a catheter for diagnosis and treatment (Paragraph [0003]) wherein the instrument (catheter, Paragraph [0203]) includes an instrument head (distal end of catheter, Paragraph [0203]) including a balloon (balloon 26, Figures 36 and 37A, Paragraph [0201]), a surface of the balloon includes two or more bands (leads 718, Figures 36 and 37A, Paragraph [0201]), each of the two or more pluralities of electrodes is located at a lateral position along a respective one of the two or more bands (electrodes 722 are located at a lateral position along leads 718, Paragraph [0201]), and inflating the balloon changes a shape of each band from a parallel configuration to a protruding are configuration (inflating the balloon changes the shape of each lead 18 from a parallel configuration to a protruding configuration, Figures 36 and 37A, Paragraph [0106]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson in view of Hannaford to incorporate the teachings of Stone by wherein the instrument head includes a balloon, a surface of the balloon includes two or more bands, each of the two or more pluralities of electrodes is located at a lateral position along a respective one of the two or more bands, and inflating the balloon changes a shape of each band from a parallel configuration to a protruding configuration. The motivation to do so being to use a device with a low profile configuration for insertion and positioning the device to an expandable configuration for engagement with the surrounding tissue once inserted (Stone, Paragraph [0106]). Claims 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of Hannaford further in view of Gunasekaran et al. (U.S. PGPub. No. 20190223754) herein referred to as “Gunasekaran”. Regarding claim 27, Johnson discloses a medical device, comprising: an instrument head (distal tip 16, Figure 1) that includes: two or more electrodes configured to acquire a plurality of impedance measurements at a location associated with the instrument head (one or more RF electrodes 18e, Paragraph [0086], Figures 1-2, electrode 18e can include one or more coupled sensors 22 to measure impedance (seen as electrodes), Paragraph [0088], one or more impedance measurements, Paragraph [0102]), an extension (resilient member 18 (seen as the extension), Figures 1-2, 14-15A, 18 and 20), wherein the two or more electrodes are located at different positions along a length of the extension (electrodes 18e are located along a length of the extension, Figures 15A-20), and a medical device tool (introducer 12 includes one or more lumens 13, wherein ports 24’ can be coupled to the one or more lumens 13 and can include fluid and gas ports/connectors for the delivery of cooling, electrolytic, irrigation, polymer and other fluid (both liquid and gas) described herein, (seen as a medical device tool), Paragraph [0084], Figure 2); an impedance bridge selectively coupled to the two or more electrodes (impedance bridge between two or more electrodes 18e through sensors 22, Paragraph [0088], Figures 2-5); and a processor coupled to the impedance bridge (monitoring device 19 or microprocessor 339 are configured to analyze an impedance profile 19p including real and imaginary components and perform tissue identification and/or tissue differentiation between one or more sampled volumes 5sv, Paragraph [0073]), wherein the processor is configured to: determine a tissue type map based on the plurality of impedance measurements (deployment of the impedance sensing member 22m or sensors 22 can be controlled such that telemetry can be used with impedance feedback to identify tissue types and map the topography of tissue masses, tumors or tissue structures, Paragraph [0058], impedance monitoring device 19 can be configured to perform tissue identification, and mapping of tissue masses and structures, Paragraph [0072], sub-module 19mi includes subroutines or algorithms configured to generate an impedance map or derived image 4’ of all or a portion of the target tissue volume 5’, Paragraph [0102], Figures 6 and 27, see also end of Paragraph [0102], and Paragraph [0105]). However Johnson does not explicitly disclose wherein the extension selectively forms a spiral shape. Gunasekaran discloses wherein the extension selectively forms a spiral shape (he neuromodulation catheter 102 is transformable between a first state or arrangement in which the distal portion 106 a of the elongated shaft 106 is at least generally straight and in a low-profile delivery arrangement (FIG. 1B), and a second (e.g., deployed, expanded, etc.) state or arrangement in which the distal portion 106 a is transformed or otherwise expanded to a spiral/helical shape (FIG. 1C, Paragraph [0026]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson to incorporate the teachings of Gunasekaran by including wherein the extension selectively forms a spiral shape. The motivation to do so being to place one or more of the electrodes in contact with the vessel wall (Gunasekaran, Paragraph [0028]). Regard claim 28, Johnson in view of Gunasekaran discloses the medical device of claim 27. Johnson further discloses wherein each of the two or more electrodes includes a flexible material (one or more resilient members 18 can be an energy delivery device or energy delivery member 18e (i.e., an electrode), Figure 2 and Figure 25A, Paragraph [0053], resilient members 18 may be made of a suitable memory metal such as nitinol, Figure 2, Paragraph [0087]). Regard claim 29, Johnson in view of Gunasekaran discloses the medical device of claim 27. Johnson further discloses wherein each of the two or more electrodes comprises Nitinol (one or more resilient members 18 can be an energy delivery device or energy delivery member 18e (i.e., an electrode), Figure 2 and Figure 25A, Paragraph [0053], resilient members 18 may be made of a suitable memory metal such as nitinol, Figure 2, Paragraph [0087]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tu et al. (US 6016437 A) discloses a grid pattern of electrodes over guidewires. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached on (303) 297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /D.S./Examiner, Art Unit 3794 /JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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Prosecution Timeline

Show 3 earlier events
Jul 07, 2025
Final Rejection mailed — §102, §103, §112
Sep 05, 2025
Request for Continued Examination
Oct 03, 2025
Response after Non-Final Action
Jan 20, 2026
Non-Final Rejection mailed — §102, §103, §112
Jul 17, 2026
Response after Non-Final Action
Jul 17, 2026
Response Filed
Jul 28, 2026
Response Filed
Oct 06, 2026
Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

5-6
Expected OA Rounds
54%
Grant Probability
98%
With Interview (+43.9%)
3y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
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