DETAILED ACTION
This action is pursuant to claims filed on 3/9/2026. Claims 1, 3-6, 8, 9, 11-14, and 19 are pending. A final action on the merits of claims 1, 3-6, 8, 9, 11-14, and 19 is as follows.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement filed 12/10/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
While it appears the applicant attempted to submit the reference JP 2019-177150 A, the reference provided does not have any content. The body of the reference simply contains squares rather than characters (see image below). The translated abstract was considered as well as the corresponding US document, but the actual reference itself was not provided to be considered.
PNG
media_image1.png
590
452
media_image1.png
Greyscale
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.
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.
Claim(s) 1, 3-6, 8, 9, 11-14, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Davies et al. (hereinafter ‘Davies’, US 20160374751 A1) in view of Harris (US 7651482 B2).
Regarding independent claim 1, Davies discloses an apparatus (apparatus in Fig. 1 and 9a), comprising:
a needle assembly (needle assembly 102 in Fig. 1 and 9a) being configured to be movable into a cavity of a patient having a biological wall ([0103]-[0104]: Figs. 13a and 13b illustrate an embodiment of a method of puncturing tissue; specifically, the figures illustrate the assembly puncturing through a biological wall of a heart into the left atrium which is a cavity in the heart); and
a distal tip section (distal tip section 110 in Fig. 1 which is also shown in Fig. 9a) extending from the needle assembly (the distal tip section extends outward away from the shaft of the needle assembly as seen in Fig. 1), comprising an outer surface (outer surface that 105 is disposed on as seen in Fig. 9a), an inner surface defining a lumen (inner surface defining lumen 107 in Fig. 9b), a circumference (the distal tip section is circular as seen in Fig. 9a, thus it has a circumference), a planar circumferential peripheral leading edge (planar circumferential leading edge 104d) surrounding a lumen entrance (surrounds the lumen entrance as shown in Figs. 9a and b) that is orthogonal to the lumen (the plane formed by the circumferential leading edge 104d is orthogonal to the lumen that extends interiorly as seen in Figs. 9a and b), an extended section (extended section 103 in Fig. 9a) comprising an exposed conductive surface ([0087]: conductive surface formed by top, front face 103a, and underside of electrode 103 in Fig. 9a, 103 is an electrode so it is conductive) that extends from a portion of the planar peripheral leading edge (the extending section extends from the peripheral leading edge as it contacts the peripheral leading edge as seen in Fig. 9a, b, and 10b) past the planar lumen entrance (the extending section extends outward through the lumen entrance as seen in Figs. 9a and 10b), and an exposed dielectric surface (non-cutting portion 105a is the exposed dielectric 105 that forms a non-cutting surface on the peripheral leading edge in Fig. 9a) configured to cover different portions of the distal tip section, wherein the exposed dielectric surface includes an arcuate portion of the outer surface (as seen in Fig. 9a, the dielectric surface covers the outer surface of the distal tip section and is arcuate), the planar peripheral leading edge (non-cutting portion 105a is the exposed dielectric 105 that forms a non-cutting surface on the peripheral leading edge in Fig. 9a); and
the distal tip section being configured to form a pass-through hole extending through the biological wall of the patient as the needle assembly is urged to move toward the biological wall ([0104]: a method of puncturing tissue comprises the steps of (a) delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue, while preventing delivery of energy from a non-cutting portion of the distal face; and (b) advancing the electrosurgical device through the tissue by pushing aside a flap of tissue defined by the puncture; the step of delivering energy comprises creating a slit or slits (e.g. using the FIG. 10 embodiment) in the tissue – the slit is the pass-through hole as the claim does not define the shape of the hole); and
the distal tip section also being configured to prevent, at least in part, removal of a free- floating tissue core from the biological wall as the pass-through hole is formed by the distal tip section ([0104]: the method creates a slit and the surgical device is advanced through the tissue by pushing aside a flap of tissue, thus the tissue is not cored; [0116]: the invention produces an elongated cut in a tissue when energy is delivered to the distal face while avoiding coring of the tissue).
wherein the exposed dielectric surface is configured to electrically isolate a portion of the distal tip section from the biological wall during hole formation ([0087]: the dielectric surface 105a forms a non-cutting portion – thus the dielectric isolates a portion of the distal tip section from the biological wall during hole formation; [0038]: the insulating material may be 100 percent insulating, which would be completely isolate the covered portion of the distal tip from electrical current) and wherein the exposed conductive surface is configured to contact the biological wall during hole formation to thereby prevent removal of the free-floating tissue core ([0087]: 103a is a cutting portion; [0104]: delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue; [0104]: the method creates a slit and the surgical device is advanced through the tissue by pushing aside a flap of tissue, thus the tissue is not cored; [0116]: the invention produces an elongated cut in a tissue when energy is delivered to the distal face while avoiding coring of the tissue).
However, the embodiment in Fig. 9a does not disclose the dielectric covering an inner surface along the length of the distal tip section from the leading edge of the arcuate portion.
Davies discloses an alternate embodiment shown in Figs. 5a-5c in which an insulating portion 144 extends onto the inner surface of the distal tip portion ([0071]). Davies further discloses that that features from the different embodiments can be provided in combination in a single embodiment and many alternative, modifications, and variations will be apparent to those skilled in the art ([0119]-[0120]).
Harris teaches a needle configured to prevent coring of the tissue or other material by the heel of the needle ([Abstract]). Harris further teaches that a buffer 90 can be inserted into the lumen to prevent coring of the tissue ([Col 3, line 27-Col 4, line 7). The buffer 90 extends along the inner surface of the lumen as seen in Figs. 1-9 and can have any configuration to effectively prevent or reduce coring of the target site by the heel of the needle ([Col 3, line 27-Col 4, line 7). Modifying the embodiment of Davies such that the dielectric coating extends down the inner surface of the lumen of the needle would be of routine skill in the art since Davies discloses an embodiment that shows a very similar configuration and because Davies discloses that features from each embodiment can be combined with each other. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the insulative buffer along the inner surface of the needle lumen as taught by Harris to provide additional protection against the coring of the tissue during use.
Regarding claim 3, the Davies/Harris combination discloses the apparatus of claim 1, wherein:
the exposed dielectric surface is positionable proximate to the exposed electrically conductive surface (the top and bottom of conductive surface of electrode 103 and the dielectric portion 105a are positioned proximate to each other by being disposed next to each other as shown in Fig. 9a and b, additionally the face of the dielectric surface 105a is positioned proximate to the face 103a as they are close to each other as seen in Figs. 9a and 9b – the claim as broadly interpreted does not require direct contact between the dielectric surface and the exposed electrically conductive surface).
Regarding claim 4, Davies/Harris combination discloses the apparatus of claim 1, wherein:
the exposed electrically conductive surface and the exposed dielectric surface are each configured to make contact with, at least in part, the biological wall as the needle assembly is urged to move toward the biological wall ([0104]: the device is used by delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue, while preventing delivery of energy from a non-cutting portion of the distal face; and (b) advancing the electrosurgical device through the tissue by pushing aside a flap of tissue defined by the puncture – the conductive surface contacts the tissue to create the slit and the dielectric surface pushes aside the tissue flap as that is what forms the sides of the distal tip and they must inherently at least partially touch as the device is advanced forward; full contact with the distal surface can be seen in Fig. 13a).
Regarding independent claim 5, Davies disclose an apparatus (apparatus in Fig. 1 and 9a), comprising:
a needle assembly (needle assembly 102 in Fig. 1 and 9a) being configured to be movable into a cavity of a patient having a biological wall ([0103]-[0104]: Figs. 13a and 13b illustrate an embodiment of a method of puncturing tissue; specifically, the figures illustrate the assembly puncturing through a biological wall of a heart into the left atrium which is a cavity in the heart); and
a distal tip section (distal tip section 110 in Fig. 1 which is also shown in Fig. 9a) extending from the needle assembly (the distal tip section extends outward away from the shaft of the needle assembly as seen in Fig. 1), the distal tip section comprising an outer surface (outer surface that 105 is disposed on as seen in Fig. 9a), an inner surface defining a lumen (inner surface defining lumen 107 in Fig. 9b), a circumference (the distal tip section is circular as seen in Fig. 9a, thus it has a circumference), a planar circumferential peripheral leading edge (planar circumferential leading edge 104d) surrounding a lumen entrance (surrounds the lumen entrance as shown in Figs. 9a and b) that is orthogonal to the lumen (the plane formed by the circumferential leading edge 104d is orthogonal to the lumen that extends interiorly as seen in Figs. 9a and b), an extended section (extended section 103 in Fig. 9a) comprising an exposed conductive surface ([0087]: conductive surface formed by top, front face 103a, and underside of electrode 103 in Fig. 9a, 103 is an electrode so it is conductive) that extends from a portion of the planar peripheral leading edge (the extending section extends from the peripheral leading edge as it contacts the peripheral leading edge as seen in Fig. 9a, b, and 10b) past the planar lumen entrance (the extending section extends outward through the lumen entrance as seen in Figs. 9a and 10b), and an exposed dielectric surface (non-cutting portion 105a is the exposed dielectric 105 that forms a non-cutting surface on the peripheral leading edge in Fig. 9a) configured to cover different portions of the distal tip section, wherein the exposed dielectric surface includes an arcuate portion of the outer surface (as seen in Fig. 9a, the dielectric surface covers the outer surface of the distal tip section and is arcuate), the planar peripheral leading edge (non-cutting portion 105a is the exposed dielectric 105 that forms a non-cutting surface on the peripheral leading edge in Fig. 9a);
the distal tip section being configured to form a pass-through hole extending through the biological wall of the patient as the needle assembly is urged to move toward the biological wall ([0104]: a method of puncturing tissue comprises the steps of (a) delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue, while preventing delivery of energy from a non-cutting portion of the distal face; and (b) advancing the electrosurgical device through the tissue by pushing aside a flap of tissue defined by the puncture; the step of delivering energy comprises creating a slit or slits (e.g. using the FIG. 10 embodiment) in the tissue – the slit is the pass-through hole as the claim does not define the shape of the hole);
the distal tip section also being configured to prevent, at least in part, removal of a free- floating tissue core, wherein the distal tip section is configured to form a tissue flap that remains attached to the biological wall instead of a free-floating tissue core ([0104]: the method creates a slit and the surgical device is advanced through the tissue by pushing aside a flap of tissue, thus the tissue is not cored; [0116]: the invention produces an elongated cut in a tissue when energy is delivered to the distal face while avoiding coring of the tissue); and
wherein the exposed dielectric surface is configured to electrically isolate the distal tip section from the biological wall during hole formation ([0087]: the dielectric surface 105a forms a non-cutting portion – thus the dielectric isolates a portion of the distal tip section from the biological wall during hole formation; [0038]: the insulating material may be 100 percent insulating, which would be completely isolate the covered portion of the distal tip from electrical current) and wherein the exposed conductive surface is configured to contact the biological wall during hole formation ([0087]: 103a is a cutting portion; [0104]: delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue).
However, the embodiment in Fig. 9a does not disclose the dielectric covering an inner surface along the length of the distal tip section from the leading edge of the arcuate portion.
Davies discloses an alternate embodiment shown in Figs. 5a-5c in which an insulating portion 144 extends onto the inner surface of the distal tip portion ([0071]). Davies further discloses that that features from the different embodiments can be provided in combination in a single embodiment and many alternative, modifications, and variations will be apparent to those skilled in the art ([0119]-[0120]).
Harris teaches a needle configured to prevent coring of the tissue or other material by the heel of the needle ([Abstract]). Harris further teaches that a buffer 90 can be inserted into the lumen to prevent coring of the tissue ([Col 3, line 27-Col 4, line 7). The buffer 90 extends along the inner surface of the lumen as seen in Figs. 1-9 and can have any configuration to effectively prevent or reduce coring of the target site by the heel of the needle ([Col 3, line 27-Col 4, line 7). Modifying the embodiment of Davies such that the dielectric coating extends down the inner surface of the lumen of the needle would be of routine skill in the art since Davies discloses an embodiment that shows a very similar configuration and because Davies discloses that features from each embodiment can be combined with each other. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the insulative buffer along the inner surface of the needle lumen as taught by Harris to provide additional protection against the coring of the tissue during use.
Regarding claim 6, Davies/Harris combination discloses the apparatus of claim 5, wherein:
the tissue flap is positioned proximal to the pass-through hole ([0104]: the method creates a slit and the surgical device is advanced through the tissue by pushing aside a flap of tissue – for the flap to be pushed aside during the advancement of the surgical device, it must be positioned proximal to the pass-through hole).
Regarding claim 8, Davies/Harris combination discloses the apparatus of claim 5, wherein:
the exposed dielectric surface is positionable proximate to the exposed electrically conductive surface (the top and bottom of conductive surface of electrode 103 and the dielectric portion 105a are positioned proximate to each other by being disposed next to each other as shown in Fig. 9a and b, additionally the face of the dielectric surface 105a is positioned proximate to the face 103a as they are close to each other as seen in Figs. 9a and 9b – the claim as broadly interpreted does not require direct contact between the dielectric surface and the exposed electrically conductive surface).
Regarding claim 9, Davies/Harris combination discloses the apparatus of claim 5, wherein:
the exposed electrically conductive surface and the exposed dielectric surface are each configured to make direct contact with, at least in part, the biological wall as the needle assembly is urged to move toward the biological wall ([0104]: the device is used by delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue, while preventing delivery of energy from a non-cutting portion of the distal face; and (b) advancing the electrosurgical device through the tissue by pushing aside a flap of tissue defined by the puncture – the conductive surface contacts the tissue to create the slit and the dielectric surface pushes aside the tissue flap as that is what forms the sides of the distal tip and they must inherently at least partially touch as the device is advanced forward; the distal face contacts the tissue as seen in Fig. 13a and because both the conducting and dielectric surfaces are on the distal face and work together to form the passage, they must both directly contact the tissue in some form or at some point during the puncturing process).
Regarding claim 11, Davies/Harris combination discloses the apparatus of claim 5, wherein:
the exposed electrically-conductive surface is also configured to electrically cut through the biological wall once the exposed electrically-conductive surface of the distal tip section, in use, is moved to make contact, at least in part, with the biological wall and is activated for cutting through the biological wall ([0104]: the device is used by delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue, while preventing delivery of energy from a non-cutting portion of the distal face – thus the electrically conductive surface 103a electrically cuts the tissue when moved into contact with the biological wall).
Regarding claim 12, Davies/Harris combination discloses the apparatus of claim 5, wherein:
the exposed dielectric surface is also configured to electrically isolate a portion of the distal tip section surrounding the lumen entrance from the biological wall as the exposed electrically-conductive surface, in use, makes contact with the biological wall ([0104]: the device is used by delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue, while preventing delivery of energy from a non-cutting portion of the distal face – thus the exposed dielectric surface 105a electrically isolates the lumen entrance because 105a surrounds the lumen entrance as seen in Fig. 9a and energy is not delivered to it), and as the exposed electrically-conductive surface is activated to form a pass-through hole extending through the biological wall while the needle assembly is urged to move toward the biological wall ([0104]: the device is used by delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue, while preventing delivery of energy from a non-cutting portion of the distal face; and (b) advancing the electrosurgical device through the tissue by pushing aside a flap of tissue defined by the puncture).
Regarding claim 13, Davies/Harris combination discloses the apparatus of claim 5, wherein:
the exposed dielectric surface is configured to electrically isolate the distal tip section surrounding the lumen entrance from the biological wall while the exposed electrically- conductive surface is activated ([0104]: the device is used by delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue, while preventing delivery of energy from a non-cutting portion of the distal face – thus the exposed dielectric surface 105a electrically isolates the lumen entrance because 105a surrounds the lumen entrance as seen in Fig. 9a and energy is not delivered to it), and the exposed dielectric surface avoids formation of the free- floating tissue core ([0104]: the method creates a slit and the surgical device is advanced through the tissue by pushing aside a flap of tissue, thus the tissue is not cored because of the dielectric surface inhibits the formation of a circular ring of cutting area).
Regarding claim 14, Davies/Harris combination discloses the apparatus of claim 5, wherein:
the circumferential peripheral leading edge is configured to prevent, at least in part, removal of a free-floating tissue core from the biological wall as the pass-through hole is formed by the distal tip section ([0104]: the method creates a slit and the surgical device is advanced through the tissue by pushing aside a flap of tissue, thus the tissue is not cored; [0116]: the invention produces an elongated cut in a tissue when energy is delivered to the distal face while avoiding coring of the tissue).
Regarding independent claim 19, Davies discloses a method for forming a pass-through hole through a biological wall of a patient having a cavity, the method comprising:
moving a needle assembly (needle assembly 102 in Fig. 1 and 9a) into the cavity of the patient having the biological wall ([0103]-[0104]: Figs. 13a and 13b illustrate an embodiment of a method of puncturing tissue; specifically, the figures illustrate the assembly puncturing through a biological wall of a heart into the left atrium which is a cavity in the heart), in which the needle assembly includes a distal tip section extending from the needle assembly (distal tip section 110 in Fig. 1 which is also shown in Fig. 9a which extends outward away from the shaft of the needle assembly as seen in Fig. 1); and
using the distal tip section to form the pass-through hole through the biological wall of the patient as the needle assembly is urged to move toward the biological wall ([0104]: a method of puncturing tissue comprises the steps of (a) delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue, while preventing delivery of energy from a non-cutting portion of the distal face; and (b) advancing the electrosurgical device through the tissue by pushing aside a flap of tissue defined by the puncture; the step of delivering energy comprises creating a slit or slits (e.g. using the FIG. 10 embodiment) in the tissue – the slit is the pass-through hole as the claim does not define the shape of the hole); and
using the distal tip section to prevent, at least in part, removal of a free-floating tissue core from the biological wall as the pass-through hole is formed by the distal tip section ([0104]: the method creates a slit and the surgical device is advanced through the tissue by pushing aside a flap of tissue, thus the tissue is not cored; [0116]: the invention produces an elongated cut in a tissue when energy is delivered to the distal face while avoiding coring of the tissue).
wherein the distal tip section comprises an outer surface (outer surface that 105 is disposed on as seen in Fig. 9a), an inner surface defining a lumen (inner surface defining lumen 107 in Fig. 9b), a circumference (the distal tip section is circular as seen in Fig. 9a, thus it has a circumference), a planar circumferential peripheral leading edge (planar circumferential leading edge 104d) surrounding a lumen entrance (surrounds the lumen entrance as shown in Figs. 9a and b) that is orthogonal to the lumen (the plane formed by the circumferential leading edge 104d is orthogonal to the lumen that extends interiorly as seen in Figs. 9a and b), an extended section (extended section 103 in Fig. 9a) comprising an exposed conductive surface ([0087]: conductive surface formed by top, front face 103a, and underside of electrode 103 in Fig. 9a, 103 is an electrode so it is conductive) that extends from a portion of the planar peripheral leading edge (the extending section extends from the peripheral leading edge as it contacts the peripheral leading edge as seen in Fig. 9a, b, and 10b) past the planar lumen entrance (the extending section extends outward through the lumen entrance as seen in Figs. 9a and 10b), and an exposed dielectric surface (non-cutting portion 105a is the exposed dielectric 105 that forms a non-cutting surface on the peripheral leading edge in Fig. 9a) configured to cover different portions of the distal tip section, wherein the exposed dielectric surface includes an arcuate portion of the outer surface (as seen in Fig. 9a, the dielectric surface covers the outer surface of the distal tip section and is arcuate), the planar peripheral leading edge (non-cutting portion 105a is the exposed dielectric 105 that forms a non-cutting surface on the peripheral leading edge in Fig. 9a), wherein the exposed dielectric surface is configured to electrically isolate the distal tip section from the biological wall during hole formation ([0087]: the dielectric surface 105a forms a non-cutting portion – thus the dielectric isolates a portion of the distal tip section from the biological wall during hole formation; [0038]: the insulating material may be 100 percent insulating, which would be completely isolate the covered portion of the distal tip from electrical current) and wherein the exposed conductive surface is configured to contact the biological wall during hole formation ([0087]: 103a is a cutting portion; [0104]: delivering energy through a cutting portion a distal face of an electrosurgical device to tissue at a target site to create an elongate puncture through the tissue).
However, the embodiment in Fig. 9a does not disclose the dielectric covering an inner surface along the length of the distal tip section from the leading edge of the arcuate portion.
Davies discloses an alternate embodiment shown in Figs. 5a-5c in which an insulating portion 144 extends onto the inner surface of the distal tip portion ([0071]). Davies further discloses that that features from the different embodiments can be provided in combination in a single embodiment and many alternative, modifications, and variations will be apparent to those skilled in the art ([0119]-[0120]).
Harris teaches a needle configured to prevent coring of the tissue or other material by the heel of the needle ([Abstract]). Harris further teaches that a buffer 90 can be inserted into the lumen to prevent coring of the tissue ([Col 3, line 27-Col 4, line 7). The buffer 90 extends along the inner surface of the lumen as seen in Figs. 1-9 and can have any configuration to effectively prevent or reduce coring of the target site by the heel of the needle ([Col 3, line 27-Col 4, line 7). Modifying the embodiment of Davies such that the dielectric coating extends down the inner surface of the lumen of the needle would be of routine skill in the art since Davies discloses an embodiment that shows a very similar configuration and because Davies discloses that features from each embodiment can be combined with each other. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the insulative buffer along the inner surface of the needle lumen as taught by Harris to provide additional protection against the coring of the tissue during use.
Response to Arguments
Applicants arguments regarding Davies have been fully considered but are not persuasive. Davies does disclose the dielectric surface on the arcuate portion of the outer surface and the circumferential leading edge as seen in Figs. 9A and 9B. While Davies does not disclose the dielectric surface on the inner surface of the lumen in that embodiment, Davies does teach an alternate embodiment in Figs. 5A-5C which discloses a dielectric 144 on the inner surface of the lumen. Furthermore, Harris is used to further teach the inclusion of a dielectric surface on the inner surface of the lumen to further aid in the prevention of tissue coring. Therefore, the rejections to the independent claims 1, 5, and 19 remain.
The dependent claims 3, 4, 6, 8, 9, and 11-14 remain rejected because claim 1 remains rejected and Davies in view of Harris discloses the limitations.
Conclusion
THIS ACTION IS MADE FINAL. 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 WILLIAM E MOSSBROOK whose telephone number is (703)756-1936. The examiner can normally be reached M-F 8-5.
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, Linda Dvorak can be reached at (571)272-4764. 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.
/LINDA C DVORAK/Primary Examiner, Art Unit 3794
/W.M./Examiner, Art Unit 3794
Prosecution Insights