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 November 17th, 2025 has been entered.
Response to Arguments
Applicant’s arguments, see pages 6-8, filed November 17th, 2025, with respect to the rejection(s) of claim(s) 1-16 & 18-20 under 35 U.S.C. 103 have been fully considered and are persuasive in view of the amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of other current prior art of record that teaches the newly disclosed claim limitations.
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.
Claims 1-14, 16 & 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Long et al. (U.S. Pub. No. 20170049508, previously cited), herein referred to as “Long” in view of Long et al. (U.S. Pub. No. 20170119465, cited in IDS), herein referred to as “Long 2” and Tellio et al. (U.S. Pat. No. 10492880, cited in IDS), herein referred to as “Tellio”.
Regarding claim 1, Long discloses a method for delivering irreversible electroporation treatment to a selected tissue ([0020]: Various embodiments are directed to apparatuses, systems, and methods for the electrical ablation treatment; [0024]: a suitable energy source may comprise an electrical waveform generator, which may be configured to create an electric field that is suitable to create irreversible electroporation in undesirable tissue at various electric field amplitudes and durations) comprising:
introducing an endoscope into a position with a distal end of the endoscope adjacent the selected tissue ([0028]: electrical ablation system 10 may be used in conjunction with endoscopic, laparoscopic, thoracoscopic, open surgical procedures; [0029]: electrical ablation system 10 may be inserted and guided into or proximate the tissue treatment region using the endoscope 12), the endoscope having a working channel ([0029]: electrical ablation system 10 may be inserted and guided into or proximate the tissue treatment region using the endoscope 12; [0030]: endoscope 12 comprises an endoscope handle 34 and an elongate relatively flexible shaft 32. The distal end of the flexible shaft 32 may comprise a light source and a viewing port. Optionally, the flexible shaft 32 may define one or more channels for receiving various instruments therethrough, such as electrical ablation devices), wherein a first probe is disposed within the working channel ([0050]: the electrical ablation device 20 may comprise at least one slidable electrode disposed within at least one channel of the flexible shaft 32 of the endoscope 12), the first probe including at least a first electrode disposed at a distal end thereof (wherein the first probe is referred to as “first electrode 24 but as shown in Figs. 3A-3C, the electrode is both the probe & the electrode),
inserting the first probe into the selected tissue at a first location ([0034]: the electrode 24 can be slideably moved in and out of the distal end of the first lumen 26 using a slide member 30 to retract and/or advance the first electrode 24; [0035]: electrodes 24, 25 have been properly inserted in the tissue treatment region);
advancing a second probe ([0034]: electrode 25 can be slideably moved in and out of the distal end of the second lumen 27 using a slide member 31 to retract and/or advance the second electrode 25), the second probe having at least a second electrode disposed at a distal end thereof (wherein the second probe is referred to as “second electrode 25 but as shown in Figs. 3A-3C, the electrode is both the probe & the electrode),
inserting the second probe into the selected tissue at a second location spaced apart from the first location ([0035]: electrodes 24, 25 have been properly inserted in the tissue treatment region; [0048]: As shown in FIG. 3A, in a first position, the distal tip of the first electrode 24 may be separated by a distance “d.sub.1” from the distal tip of the second electrode 25);
activating the first and second electrodes ([0038]: the energy source 14 may produce a series of n electric pulses (where n is any positive integer) of sufficient amplitude and duration to induce irreversible electroporation suitable for tissue ablation when the n electric pulses are applied to the electrodes 24, 25);
moving the second probe to at least a third location spaced apart from the first and second locations ([0048]: the second electrode 25, for example, may be located in a plurality of positions in and around the tissue treatment region in order to change the distance between the first electrode 24 and the second electrode 25 and treat much larger regions of tissue … As shown in FIG. 3C, in a third position, the distal tip of the first electrode 24 may be separated by a distance “d.sub.3” from the distal tip of the second electrode 25); and
activating the first and second electrodes ([0038]: the energy source 14 may produce a series of n electric pulses (where n is any positive integer) of sufficient amplitude and duration to induce irreversible electroporation suitable for tissue ablation when the n electric pulses are applied to the electrodes 24, 25).
Long discusses that the location of the electrical ablation device and endoscope may vary ([0049]: In one embodiment, the outside diameter of the electrical ablation device 20 may be sized to fit within a channel of an endoscope and in other embodiments the outside diameter of the electrical ablation device 20 may be sized to fit within a hollow outer sleeve, or trocar, for example. The hollow outer sleeve or trocar may be inserted into the upper gastrointestinal tract of a patient and may be sized to also receive a flexible endoscopic portion of an endoscope (e.g., gastroscope), similar to the endoscope 12 described in FIG. 1) But Long fails to explicitly disclose advancing a second probe along an outer surface of the endoscope.
However, Long 2 discloses a method for delivering irreversible electroporation treatment to a selected tissue (Abstract: A variety of electrical ablation apparatuses and methods are disclosed), comprising:
advancing a second probe (outer electrode 602b; shaft not given a numerical call out but see 616b in Fig. 22) along an outer surface of the endoscope (gastroscope 606) ([0126]: the outer electrode 602b is located outside the gastroscope 606 through a channel 608 of a manipulation device 614; [0127]: outer electrode 602b advanced into the tumor 612).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method of Long to include the steps and configuration of Long 2 since a hollow channel can be slid down the outside of an external track and advanced beyond the distal end of the scope. The channel can be articulated independent of the scope. Therefore an electrode that is advanced through the channel can be articulated independent of an electrode advanced through a channel in the scope (Long 2: [0126]).
But Long in view of Long 2 fail to disclose wherein the endoscope includes a single locking member configured to lock both the first probe and the second probe simultaneously, both axially and rotationally relative to the endoscope.
However, Tellio discloses wherein the endoscope includes a single locking member (probe guide 1200, Figs. 28-34) configured to lock both the first probe and the second probe simultaneously, both axially and rotationally relative to the endoscope (Col. 34, lines 20-27: an actuator (not shown) can compress the spring elements 1240 to open the first and/or second channels 1204a, 1204b, for example. Further, in some embodiments, the actuator can decompress the spring elements 1240 to close the first and/or second channels 1204a, 1204b, for example. In various embodiments, when the spring element 1240 is in the initial configuration, the probe guide 1200 can exert a clamping force on the electrode 24a, 24b restrained therein; wherein clamping two electrode channels is seen as simultaneously locking them axially and rotationally since clamping prevents any motion). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the endoscope of Long in view of Long 2 to include a single locking member, as taught by Tellio, for the purpose of the single locking member enabling the electrodes to be spaced apart by a predetermined distance that can correspond to a treatment distance in the tissue treatment region (Tellio: Col. 33, lines 44-50).
Regarding claim 2, Long discloses wherein moving the second probe to the third location is performed while maintaining the first probe in the first location ([0048]: Such rotation enables the surgeon or clinician to target and treat a larger tissue treatment region without having to remove the electrical ablation device 20 from the tissue treatment area. Thus, the second electrode 25, for example, may be located in a plurality of positions in and around the tissue treatment region in order to change the distance between the first electrode 24 and the second electrode 25 and treat much larger regions of tissue; see Figs. 3A-3C where electrode 24 is shown as being maintained in the first location while the second electrode 25 is moved).
Regarding claim 3, Long discloses moving the second probe to additional locations within the selected tissue and activating the first and second electrodes at each additional location of the second probe, the additional locations being spaced apart from the first, second, and third locations ([0048]: the second electrode 25, for example, may be located in a plurality of positions in and around the tissue treatment region in order to change the distance between the first electrode 24 and the second electrode 25 and treat much larger regions of tissue … increasing the radius “r” (FIG. 3A) of the second electrode 25 and/or the spacing between the electrodes 24, 25 enables the generation of an electric field over much larger tissue treatment regions and thus the ablation of larger volumes of undesirable tissue).
Regarding claim 4, Long discloses wherein the first location is in a center region of the selected tissue (position of electrode 124 in Fig. 4A) and the second, third, and the additional locations are around a perimeter of the selected tissue (position of electrode 125 in Figs. 4A & 4B; [0021]: Furthermore, the particular features, structures, or characteristics may be combined in any suitable manner in one or more embodiments; [0054]: two of the electrodes 125, 126 are rotatable whereas the other electrode 124 is non-rotatable).
Regarding claim 5, Long discloses wherein moving the second probe to the additional locations includes moving the second probe sequentially to the additional locations around the perimeter of the selected tissue, and activating the first and second probes at each new location of the second probe ([0055]: one of the rotatable electrodes 125 may be rotated in the directions indicated by arrow 140 … Once the rotatable electrodes 125, 126 are located into or proximate the tissue treatment region 144, all of the electrodes 124, 125, 126 are energized with irreversible electroporation pulses to create a first necrotic zone 148 having a first shape substantially similar to that shown in FIG. 5B; [0056]: This procedure may be repeated to destroy relatively larger portions of the tissue treatment region 144 through rotation of at least one of the rotatable electrodes 125, 126; wherein with a system with rotatable electrodes & the central position of the central electrode, this is seen as treating a perimeter since the rotation creates a perimeter for the treatment).
Regarding claim 6, Long fails to explicitly disclose wherein the endoscope is moveable proximally and distally while the first probe remains in the first location.
However, Long 2 discloses wherein the endoscope is moveable proximally and distally while the first probe remains in the first location ([0126]: center electrode 602a may have a coil like shape (e.g., corkscrew) which anchors into the tumor 612; wherein this describes a structure capable of the recited motion- absent an active method step this limitation is being interpreted as a functional limitation of the endoscope/probe). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method of Long to include the endoscope configuration of Long 2 for the purpose of anchoring the probe into the tissue (Long 2: [0126]).
Regarding claim 7, Long in view of Long 2 discloses wherein the second probe is disposed within a sleeve (Long 2: manipulation device 614, Fig. 22) disposed adjacent to the outer surface of the endoscope ([0126]: the manipulation device 614 attaches to the outside of a flexible scope, such as, for example, the gastroscope 606).
Regarding claim 8, Long in view of Long 2 discloses wherein the sleeve (Long 2: manipulation device 614, Fig. 22) is fixed to the outer surface of the endoscope ([0126]: the manipulation device 614 attaches to the outside of a flexible scope, such as, for example, the gastroscope 606).
Regarding claim 9, Long in view of Long 2 discloses wherein moving the second probe includes moving the endoscope to position the second probe at the third location (Long 2: [0126]: the manipulation device 614 attaches to the outside of a flexible scope, such as, for example, the gastroscope 606; [0127]: The manipulation device 614 enables the operator to precisely control the placement of the outer electrode 602b; see difference in positions of electrodes 602a, 602b and endoscope 606 in Figs. 23 to 24).
Regarding claim 10, Long in view of Long 2 discloses wherein the endoscope includes an imaging device and angulation controls (Long: [0030]: the endoscope 12 comprises an endoscope handle 34 and an elongate relatively flexible shaft 32. The distal end of the flexible shaft 32 may comprise a light source and a viewing port … Images within the field of view of the viewing port are received by an optical device, such as a camera; Long 2: [0072]: the endoscope 12 comprises an endoscope handle 34 and an elongate relatively flexible shaft 32. The distal end 33 of the flexible shaft 32 may comprise an air/water nozzle, a light guide, a viewing port comprising an objective lens; [0127]: Once the gastroscope 606 has exited the gastric wall, the center electrode 602a is placed into the center of a tumor 612 … manipulation device 614 enables the operator to precisely control the placement of the outer electrode 602b), wherein moving the endoscope includes using the imaging device and angulation controls to move the second probe to the third location (wherein in this combination, both disclosures comprise endoscopes with viewing capabilities and Long 2 teaches the movement as shown in the difference in positions of electrodes 602a, 602b and endoscope 606 in Figs. 23 to 24).
Regarding claim 11, Long in view of Long 2 discloses wherein the second probe is fixed within the sleeve (Long 2: [0126]: the outer electrode 602b is located outside the gastroscope 606 through a channel 608 of a manipulation device 614; wherein at that instant, the second probe is fixed relative to the sleeve/channel 608).
Regarding claim 12, Long in view of Long 2 discloses wherein the second probe is moveable relative to the sleeve (Long 2: [0126]: Therefore, an electrode that is advanced through the channel can be articulated independent of an electrode advanced through a channel in the scope).
Regarding claim 13, Long discloses wherein the first probe includes a fixation element configured to removably secure the first probe within the selected tissue ([0054]: two of the electrodes 125, 126 are rotatable whereas the other electrode 124 is non-rotatable; [0056]: At anytime, the surgeon or clinician can reposition the non-rotatable electrode 124 and begin the process anew; wherein the non-rotatable ability is seen as the fixation element).
Regarding claim 14, Long discloses wherein the first and second locations are spaced .1 cm to 10.0 cm apart ([0052]: the dimensions of each of the electrodes 124, 125, 126 may be anywhere from about 0.5 mm to about 1.5 mm in diameter; see Figs. 5A-5C where if each electrode is 1.5 mm in diameter, the distance between electrode 124 & 125 is within the range of 0.1 cm to 10 cm apart).
Regarding claim 16, Long discloses wherein the second and third locations are spaced .1 cm to 10.0 cm apart, and the first and third locations are spaced .1 cm to 10.0 cm apart ([0052]: the dimensions of each of the electrodes 124, 125, 126 may be anywhere from about 0.5 mm to about 1.5 mm in diameter; see Figs. 5B-5C where if each electrode is 1.5 mm in diameter, the distance between the second and third locations (location of electrode 125 in Fig. 5B to Fig. 5C) is within the range of 0.1 cm to 10 cm apart & the distance between the first and third locations (Fig. 5C) is within the range of 0.1 cm to 10 cm apart).
Regarding claim 18, Long discloses a method for delivering irreversible electroporation treatment to a selected tissue ([0020]: Various embodiments are directed to apparatuses, systems, and methods for the electrical ablation treatment; [0024]: a suitable energy source may comprise an electrical waveform generator, which may be configured to create an electric field that is suitable to create irreversible electroporation in undesirable tissue at various electric field amplitudes and durations) comprising:
introducing an endoscope into a position with a distal end of the endoscope adjacent the selected tissue ([0028]: electrical ablation system 10 may be used in conjunction with endoscopic, laparoscopic, thoracoscopic, open surgical procedures; [0029]: electrical ablation system 10 may be inserted and guided into or proximate the tissue treatment region using the endoscope 12), the endoscope having a working channel ([0029]: electrical ablation system 10 may be inserted and guided into or proximate the tissue treatment region using the endoscope 12; [0030]: endoscope 12 comprises an endoscope handle 34 and an elongate relatively flexible shaft 32. The distal end of the flexible shaft 32 may comprise a light source and a viewing port. Optionally, the flexible shaft 32 may define one or more channels for receiving various instruments therethrough, such as electrical ablation devices), wherein a first probe is disposed within the working channel ([0050]: the electrical ablation device 20 may comprise at least one slidable electrode disposed within at least one channel of the flexible shaft 32 of the endoscope 12), the first probe including at least a first electrode disposed at a distal end thereof (wherein the first probe is referred to as “first electrode 24 but as shown in Figs. 3A-3C, the electrode is both the probe & the electrode),
advancing a second probe ([0034]: electrode 25 can be slideably moved in and out of the distal end of the second lumen 27 using a slide member 31 to retract and/or advance the second electrode 25), the second probe having at least a second electrode disposed at a distal end thereof (wherein the second probe is referred to as “second electrode 25 but as shown in Figs. 3A-3C, the electrode is both the probe & the electrode),
inserting one of the first and second probes into the selected tissue at a first location ([0034]: the electrode 24 can be slideably moved in and out of the distal end of the first lumen 26 using a slide member 30 to retract and/or advance the first electrode 24; [0035]: electrodes 24, 25 have been properly inserted in the tissue treatment region);
inserting a remaining probe of the first and second probes into the selected tissue at a second location spaced apart from the first location ([0035]: electrodes 24, 25 have been properly inserted in the tissue treatment region; [0048]: As shown in FIG. 3A, in a first position, the distal tip of the first electrode 24 may be separated by a distance “d.sub.1” from the distal tip of the second electrode 25);
activating the first and second electrodes ([0038]: the energy source 14 may produce a series of n electric pulses (where n is any positive integer) of sufficient amplitude and duration to induce irreversible electroporation suitable for tissue ablation when the n electric pulses are applied to the electrodes 24, 25);
moving the remaining probe of the first and second probes disposed at the second location to at least a third location spaced apart from the first and second locations ([0048]: the second electrode 25, for example, may be located in a plurality of positions in and around the tissue treatment region in order to change the distance between the first electrode 24 and the second electrode 25 and treat much larger regions of tissue … As shown in FIG. 3C, in a third position, the distal tip of the first electrode 24 may be separated by a distance “d.sub.3” from the distal tip of the second electrode 25); and
activating the first and second electrodes ([0038]: the energy source 14 may produce a series of n electric pulses (where n is any positive integer) of sufficient amplitude and duration to induce irreversible electroporation suitable for tissue ablation when the n electric pulses are applied to the electrodes 24, 25).
Long discusses that the location of the electrical ablation device and endoscope may vary ([0049]: In one embodiment, the outside diameter of the electrical ablation device 20 may be sized to fit within a channel of an endoscope and in other embodiments the outside diameter of the electrical ablation device 20 may be sized to fit within a hollow outer sleeve, or trocar, for example. The hollow outer sleeve or trocar may be inserted into the upper gastrointestinal tract of a patient and may be sized to also receive a flexible endoscopic portion of an endoscope (e.g., gastroscope), similar to the endoscope 12 described in FIG. 1) But Long fails to explicitly disclose advancing a second probe along an outer surface of the endoscope.
However, Long 2 discloses a method for delivering irreversible electroporation treatment to a selected tissue (Abstract: A variety of electrical ablation apparatuses and methods are disclosed), comprising:
advancing a second probe (outer electrode 602b; shaft not given a numerical call out but see 616b in Fig. 22) along an outer surface of the endoscope (gastroscope 606) ([0126]: the outer electrode 602b is located outside the gastroscope 606 through a channel 608 of a manipulation device 614; [0127]: outer electrode 602b advanced into the tumor 612).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method of Long to include the steps and configuration of Long 2 since a hollow channel can be slid down the outside of an external track and advanced beyond the distal end of the scope. The channel can be articulated independent of the scope. Therefore an electrode that is advanced through the channel can be articulated independent of an electrode advanced through a channel in the scope (Long 2: [0126]).
But Long in view of Long 2 fails to disclose wherein the endoscope includes a single locking member configured to lock both the first probe and the second probe simultaneously, both axially and rotationally relative to the endoscope.
However, Tellio discloses wherein the endoscope includes a single locking member (probe guide 1200, Figs. 28-34) configured to lock both the first probe and the second probe simultaneously, both axially and rotationally relative to the endoscope (Col. 34, lines 20-27: an actuator (not shown) can compress the spring elements 1240 to open the first and/or second channels 1204a, 1204b, for example. Further, in some embodiments, the actuator can decompress the spring elements 1240 to close the first and/or second channels 1204a, 1204b, for example. In various embodiments, when the spring element 1240 is in the initial configuration, the probe guide 1200 can exert a clamping force on the electrode 24a, 24b restrained therein; wherein clamping two electrode channels is seen as simultaneously locking them axially and rotationally since clamping prevents any motion). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the endoscope of Long in view of Long 2 to include a single locking member, as taught by Tellio, for the purpose of the single locking member enabling the electrodes to be spaced apart by a predetermined distance that can correspond to a treatment distance in the tissue treatment region (Tellio: Col. 33, lines 44-50).
Regarding claim 19, Long discloses wherein the first location is in a central region of the selected tissue (position of electrode 124 in Fig. 4A), the method further comprising moving the remaining probe of the first and second probes disposed at the second location sequentially to additional locations around a perimeter of the selected tissue (position of electrode 125 in Figs. 4A & 4B; [0021]: Furthermore, the particular features, structures, or characteristics may be combined in any suitable manner in one or more embodiments; [0054]: two of the electrodes 125, 126 are rotatable whereas the other electrode 124 is non-rotatable) and activating the first and second electrodes at each location of the remaining probe of the first and second probes around the perimeter, the additional locations being spaced apart from the first, second, and third locations ([0048]: the second electrode 25, for example, may be located in a plurality of positions in and around the tissue treatment region in order to change the distance between the first electrode 24 and the second electrode 25 and treat much larger regions of tissue … increasing the radius “r” (FIG. 3A) of the second electrode 25 and/or the spacing between the electrodes 24, 25 enables the generation of an electric field over much larger tissue treatment regions and thus the ablation of larger volumes of undesirable tissue), wherein moving the remaining probe of the first and second probes disposed at the second location to the third location is performed while maintaining the remaining probe of the first and second probes inserted into the first location at the first location ([0048]: Such rotation enables the surgeon or clinician to target and treat a larger tissue treatment region without having to remove the electrical ablation device 20 from the tissue treatment area. Thus, the second electrode 25, for example, may be located in a plurality of positions in and around the tissue treatment region in order to change the distance between the first electrode 24 and the second electrode 25 and treat much larger regions of tissue; see Figs. 3A-3C where electrode 24 is shown as being maintained in the first location while the second electrode 25 is moved).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Long in view of Long 2 and Tellio as applied to claim 1 above, and further in view of Long (U.S. Pub. No. 20120220999, cited in IDS), herein referred to as “Long 3”.
Regarding claim 15, Long fails to disclose wherein the first and second locations are spaced 1.5 cm to 2.0 cm apart.
However, Long 3 discloses wherein the first and second locations are spaced 1.5 cm to 2.0 cm apart ([0122]: FIGS. 26A,B include computer simulation of an IRE Dose having an electrode spacing of 1.5 cm and 2.0 cm, respectively. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method of Long in view of Long 2 and Tellio to include the spacing of Long 3 for the purpose of the ratio of the necrotic zone length and necrotic zone width generally corresponds to the electric field pattern. The electric field pattern generally becomes long and narrow as the electrode spacing increases (Long 3: [0122]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Long 2 in view of Tellio.
Regarding claim 20, Long 2 discloses a system for irreversible electroporation of tissue (Abstract: A variety of electrical ablation apparatuses and methods are disclosed; [0060]: In various embodiments, a suitable energy source may comprise an electrical waveform generator, which may be configured to create electric fields suitable for creating irreversible electroporation) comprising:
an endoscope (gastroscope 606, Fig. 22) having a working channel (working channel 604);
a first probe (616a in Fig. 22) disposed within the working channel (see Fig. 22), the first probe including at least a first electrode (electrode 602a) disposed at a distal end thereof ([0126]: The inner center electrode 602a is movably disposed in a channel 604 of a gastroscope 606),
a second probe (616b in Fig. 22) disposed within a sleeve (manipulation device 614) disposed on an outer surface of the endoscope ([0126]: the manipulation device 614 attaches to the outside of a flexible scope, such as, for example, the gastroscope 606), the second probe having at least a second electrode (electrode 602b) disposed at a distal end thereof (see Fig. 22), wherein the second probe is configured to be moveable axially and radially relative to the first probe ([0126]: The second, outer, electrode 602b is independently operable from the inner electrode 602a; [0127]: FIG. 25 shows the outer electrode 602b advanced into the tumor 612 … the manipulation device 614 enables the operator to precisely control the placement of the outer electrode 602b; wherein Figs. 22-25 show various different positions of electrode 602b relative to electrode 602a indicating that the second electrode is moveable axially and radially relative to the first electrode).
But Long 2 fails to disclose wherein the endoscope includes a single locking member configured to lock both the first probe and second probe simultaneously, both axially and rotationally relative to the endoscope.
However, Tellio discloses wherein the endoscope includes a single locking member (probe guide 1200, Figs. 28-34) configured to lock both the first probe and second probe simultaneously, both axially and rotationally relative to the endoscope (Col. 34, lines 20-27: an actuator (not shown) can compress the spring elements 1240 to open the first and/or second channels 1204a, 1204b, for example. Further, in some embodiments, the actuator can decompress the spring elements 1240 to close the first and/or second channels 1204a, 1204b, for example. In various embodiments, when the spring element 1240 is in the initial configuration, the probe guide 1200 can exert a clamping force on the electrode 24a, 24b restrained therein; wherein clamping two electrode channels is seen as simultaneously locking them axially and rotationally since clamping prevents any motion). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the endoscope of Long 2 to include a single locking member, as taught by Tellio, for the purpose of the single locking member enabling the electrodes to be spaced apart by a predetermined distance that can correspond to a treatment distance in the tissue treatment region (Tellio: Col. 33, lines 44-50).
Conclusion
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 Abigail M Ziegler whose telephone number is (571)272-1991. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m. EST.
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 at (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.
/ABIGAIL M ZIEGLER/Examiner, Art Unit 3794
/THOMAS A GIULIANI/Primary Examiner, Art Unit 3794
Prosecution Insights