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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 25th, 2026 has been entered.
Response to Amendment
Claims filed on March 25th, 2026 have been entered. Claims 1-5, 7- 14, 16- 18, 20-24, 26, and 28-29 are pending in the application. Claims 22- 24 remain withdrawn for being drawn to an unelected invention. The amendment for claim 1 and claim 13 overcomes the previous claims objections.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The rejection of claims 1-5, 8-14, 17-18, 20-21, and 25- 27 under 35 U.S.C. 103 over Schmaltz (US 2010/0234842) in view of Nguyen et al. (US 2020/0297410) and Voth et al. (WO 2019/195439) has been withdrawn in view of applicant’s amendments; specifically Schmaltz does not teach wherein the expandable distal member extends radially over at least one of the plurality of discrete electrodes in the expanded state.
The rejection of claims 7 and 16 under 35 U.S.C. 103 over Schmaltz (US 2010/0234842) in view of Nguyen et al. (US 2020/0297410) and Voth et al. (WO 2019/195439) in further view of Baxter et al. (US 10,426,498) has been withdrawn in view of applicant’s amendments; specifically Schmaltz does not teach wherein the expandable distal member extends radially over at least one of the plurality of discrete electrodes in the expanded state.
Claim(s) 1, 5, 8- 11, 13- 14, 17- 18, 20, 26, and 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmaltz (US 2010/0234842) in view of Broome et al. (US 8,647,359).
Regarding claims 1 and 13, Schmaltz teaches a treatment system (abstract)(Fig. 6) comprising:
a signal generator (electrosurgical generator “G”) comprising a first electrical terminal (see annotated Fig. 1 below)(Paragraph 0054); and
a treatment device (thrombectomy catheter system 200) comprising: a catheter sleeve (202) comprising a proximal end portion (see annotated Fig. 6 below) and a distal end portion (208) configured to be positioned proximate a thrombus within a lumen of a blood vessel at a treatment site (Paragraphs 0049 and 0053); and
an interventional element (electrodes 210a and 210b, capture element 224) comprising the distal end portion of the core member (Paragraphs 0048 and 0050), the interventional element further comprising:
an electrical engagement portion (electrodes 210a and 210b) including a plurality of discrete electrodes spaced apart from one another along the axial direction (Paragraph 0048), wherein the plurality of discrete electrodes are separated from one another (Paragraph 0049) and;
an expandable distal member (capture element 224) coupled to the core member and disposed distal to the electrical engagement portion (Paragraph 0050), the expandable distal member configured to expand from a low- profile state into an expanded state into apposition with a wall of the blood vessel at the treatment site when in an unconstrained state (Paragraphs 0051 and 0054), wherein in the expanded state the expandable distal member is configured to engage the thrombus (In Paragraph 0055, Schmaltz teaches that the expandable distal member captures the thrombus during the treatment of it, therefore, the distal member engages the thrombus.).
PNG
media_image1.png
500
763
media_image1.png
Greyscale
PNG
media_image2.png
513
795
media_image2.png
Greyscale
Schmaltz does not teach an electrically conductive core member comprising a proximal end portion configured to be placed in electrical communication with the first electrical terminal or wherein the plurality of electrodes are configured such that the plurality of electrodes are in electrical communication with the conductive core member, or wherein the plurality of discrete electrodes are separated from one another by regions of the core member covered with an electrically insulative coating, and wherein radially outer surfaces of the plurality of discrete electrodes extend beyond radially outer surfaces of the electrically insulative coating such that the discrete electrodes and the electrically insulative coating are configured to facilitate interlocking with the thrombus when deployed within the lumen of the blood vessel.
Broome (Broome et al.) teaches a treatment system (filtering system 240)(Figs. 6- 9)(abstract and Column 7, Lines 4-5, 44- 45, and 51- 52) comprising: a signal generator (RF generator 250) comprising a first electrical terminal (see annotated Fig. 6 below); and a treatment device (elongate shaft 304) comprising: an axially elongated electrically conductive core member (electrically conductive core 344) comprising a proximal end portion configured to be placed in electrical communication with the first electrical terminal (As Broome teaches that the filter assembly 300, and therefore the elongate shaft that comprises the electrically conductive core 344 (Column 7, Lines 52- 55), is used in conjunction with the filter system of Fig. 6, then the electrically conductive core 344 would be in connection with the RF generator as described in Column 6, Lines 49- 54. Therefore the proximal end portion of electrically conductive core 344 would be in electrical communication with the first electrical terminal, as seen in annotated Fig. 6 below) and a distal end portion configured to be positioned proximate a thrombus within a lumen of a blood vessel at a treatment site (see annotated Fig. 7 below)(Column 7, Lines 36- 43); and an interventional element (filter assembly 300) comprising the distal end portion of the core member (see annotated Fig. 7 below), the interventional element further comprising: an electrical engagement portion including a plurality of discrete electrodes (electrodes 348) spaced apart from one another along the axial direction and configured such that the plurality of discrete electrodes are in electrical communication with the conductive core member (Column 7, Lines 57- 59), wherein the plurality of discrete electrodes are separated from one another by regions of the core member covered with an electrically insulative coating (Column 7, Lines 59- 66), and wherein radially outer surfaces of the plurality of discrete electrodes extend beyond radially outer surfaces of the electrically insulative coating (see annotated Fig. 9 below); and an expandable distal member (filter 302) coupled to the core member and disposed distal to the electrical engagement portion (Column 7, Lines 21-25 and Lines 47-50) and wherein the expandable distal member extends radially over at least one of the plurality of discrete electrodes in the expanded state (see annotated Fig. 8 below).
PNG
media_image3.png
636
838
media_image3.png
Greyscale
PNG
media_image4.png
381
810
media_image4.png
Greyscale
PNG
media_image5.png
637
712
media_image5.png
Greyscale
PNG
media_image6.png
360
772
media_image6.png
Greyscale
It would have been obvious to one of ordinary skill in the art to modify the catheter as taught by Schmaltz to be the core member with the insulative layer that is attached to the first electrical terminal as taught by Broome for the purpose of delivering an electric device and expandable member to a blockage within a vessel for treatment (Schmaltz, abstract and Paragraphs 0053 and 0054; Broome, Column 7, Lines 36- 43). Furthermore, it would have been obvious to one of ordinary skill in the art to substitute the catheter for the core member because both are disclosed as equivalent structures for delivering an electric device and expandable member to a blockage within a vessel for treatment (Schmaltz, abstract and Paragraphs 0053 and 0054; Broome, abstract and Column 7, Lines 36- 43) and substitution of one for the other would have resulted in the predictable result of having a treatment system that delivers an electrical device and expandable member to a blockage. KSR, 550 U.S. 398, 82 USPQ2d 1385 (2007) and it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the plurality of discrete electrodes as taught by Schmaltz to have some electrodes be disposed underneath the expandable distal member and to have the radially outer surfaces of the plurality of electrodes extend beyond radially outer surfaces of the insulative coating as taught by the Broome, in order to ablate tissue that is captured within the filter and to come in contact with the tissue (Column 7, Lines 64- 66).
Regarding wherein the plurality of electrodes are configured such that the plurality of electrodes are in electrical communication with the conductive core member, as Schmaltz teaches that the electrodes are on the catheter of the system (Schmaltz, Paragraphs 0048 and 0050), and in the combination the catheter is now the conductive core member, the electrodes would be in communication with the core member. Furthermore, as the core member of the combination is attached to the first electrical terminal (Broome, As Broome teaches that the filter assembly 300, and therefore the elongate shaft that comprises the electrically conductive core 344 (Column 7, Lines 52- 55), is used in conjunction with the filter system of Fig. 6, then the electrically conductive core 344 would be in connection with the RF generator as described in Column 6, Lines 49- 54. Therefore the proximal end portion of electrically conductive core 344 would be in electrical communication with the first electrical terminal, as seen in annotated Fig. 6 below) , the electrodes would be in electrical communication with the core member.
PNG
media_image3.png
636
838
media_image3.png
Greyscale
Regarding wherein the discrete electrodes and the electrically insulative coating are configured to facilitate interlocking with the thrombus when deployed within the lumen of the blood vessel, as this language is functional, the structure of the combination merely needs to be capable of accomplishing the function. Since the structure of the combination would have the plurality of discrete electrodes extend beyond radially outer surfaces of the electrically insulative coating (see annotated Fig. 9 of Broome above) and therefore have a similar structure required to accomplish the function, it would be capable of interlocking with the thrombus when deployed within the lumen of the blood vessel.
Regarding claims 5 and 14, Schmaltz and Broome make obvious the treatment system as discussed above.
As discussed above, it would have been obvious to one of ordinary skill in the art to modify the catheter as taught by Schmaltz to be the core member with the insulative layer that is attached to the first electrical terminal as taught by Broome for the purpose of delivering an electric device and expandable member to a blockage within a vessel for treatment (Schmaltz, abstract and Paragraphs 0053 and 0054; Broome, Column 7, Lines 36- 43). Furthermore, it would have been obvious to one of ordinary skill in the art to substitute the catheter for the core member because both are disclosed as equivalent structures for delivering an electric device and expandable member to a blockage within a vessel for treatment (Schmaltz, abstract and Paragraphs 0053 and 0054; Broome, abstract and Column 7, Lines 36- 43) and substitution of one for the other would have resulted in the predictable result of having a treatment system that delivers an electrical device and expandable member to a blockage. KSR, 550 U.S. 398, 82 USPQ2d 1385 (2007).
The combination further teaches wherein the core member comprises a flexible conductive wire (Broome, conductive core 344) and an electrically insulative coating (Broome, insulating layer 346) along at least a portion of a length of the flexible conductive wire (Broome, Column 7, Lines 51- 55).
Regarding claims 8 and 17, Schmaltz and Broome make obvious the treatment system as discussed above.
Schmaltz further teaches wherein the electrodes comprise annular conductive elements extending at least half-way around a circumference of the core member (Paragraph 0049).
Regarding claims 9 and 18, Schmaltz and Broome make obvious the treatment system as discussed above.
Schmaltz further teaches wherein the electrodes comprise conductive bands disposed over an outer surface of the core member (In Paragraph 0048, Schmaltz teaches that the electrodes of the system are disposed on the catheter system and that they “substantially surround catheter sleeve 202”. Therefore, the electrodes are conductive bands disposed over an outer surface of the core member, as they are taught to be on the catheter and surround it, like bands and conduct electricity (Paragraph 0054).).
Regarding claim 10, Schmaltz and Broome make obvious the treatment system as discussed above.
As discussed above, it would have been obvious to one of ordinary skill in the art to modify the catheter as taught by Schmaltz to be the core member with the insulative layer that is attached to the first electrical terminal as taught by Broome for the purpose of delivering an electric device and expandable member to a blockage within a vessel for treatment (Schmaltz, abstract and Paragraphs 0053 and 0054; Broome, Column 7, Lines 36- 43). Furthermore, it would have been obvious to one of ordinary skill in the art to substitute the catheter for the core member because both are disclosed as equivalent structures for delivering an electric device and expandable member to a blockage within a vessel for treatment (Schmaltz, abstract and Paragraphs 0053 and 0054; Broome, abstract and Column 7, Lines 36- 43) and substitution of one for the other would have resulted in the predictable result of having a treatment system that delivers an electrical device and expandable member to a blockage. KSR, 550 U.S. 398, 82 USPQ2d 1385 (2007).
The combination further teaches wherein the conductive bands are separated from one another by electrically insulated regions of the electrical engagement portion (Broome, Column 7, Lines 59- 66) and wherein radially outer surfaces of the conductive bands extend beyond radially outer surfaces of the electrically insulated regions, thereby providing an enlarged surface area of the electrical engagement portion (Broome, see annotated Fig. 9 below).
PNG
media_image5.png
637
712
media_image5.png
Greyscale
Regarding claims 11 and 20, Schmaltz and Broome make obvious the treatment system as discussed above.
Schmaltz further teaches wherein the expandable distal member comprises a basket (see annotated Fig. 6 below)(Paragraph 0051).
PNG
media_image7.png
425
731
media_image7.png
Greyscale
Regarding claim 26, Schmaltz and Broome make obvious the treatment system as discussed above.
It would have been obvious to one of ordinary skill in the art to modify the catheter as taught by Schmaltz to be the core member with the insulative layer that is attached to the first electrical terminal as taught by Broome for the purpose of delivering an electric device and expandable member to a blockage within a vessel for treatment (Schmaltz, abstract and Paragraphs 0053 and 0054; Broome, Column 7, Lines 36- 43). Furthermore, it would have been obvious to one of ordinary skill in the art to substitute the catheter for the core member because both are disclosed as equivalent structures for delivering an electric device and expandable member to a blockage within a vessel for treatment (Schmaltz, abstract and Paragraphs 0053 and 0054; Broome, abstract and Column 7, Lines 36- 43) and substitution of one for the other would have resulted in the predictable result of having a treatment system that delivers an electrical device and expandable member to a blockage. KSR, 550 U.S. 398, 82 USPQ2d 1385 (2007) and it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the plurality of discrete electrodes as taught by Schmaltz to have some electrodes be disposed underneath the expandable distal member and to have the radially outer surfaces of the plurality of electrodes extend beyond radially outer surfaces of the insulative coating as taught by the Broome, in order to ablate tissue that is captured within the filter and to come in contact with the tissue (Column 7, Lines 64- 66).
The combination further teaches wherein the plurality of discrete electrodes directly contact the core member (Broome, Column 7, Lines 57- 59)(see annotated Fig. 9 of Broome below).
PNG
media_image8.png
611
647
media_image8.png
Greyscale
Regarding claim 28 and 29, Schmaltz and Broome make obvious the treatment system as discussed above.
As discussed above, it would have been obvious to one of ordinary skill in the art to modify the catheter as taught by Schmaltz to be the core member with the insulative layer that is attached to the first electrical terminal as taught by Broome for the purpose of delivering an electric device and expandable member to a blockage within a vessel for treatment (Schmaltz, abstract and Paragraphs 0053 and 0054; Broome, Column 7, Lines 36- 43). Furthermore, it would have been obvious to one of ordinary skill in the art to substitute the catheter for the core member because both are disclosed as equivalent structures for delivering an electric device and expandable member to a blockage within a vessel for treatment (Schmaltz, abstract and Paragraphs 0053 and 0054; Broome, abstract and Column 7, Lines 36- 43) and substitution of one for the other would have resulted in the predictable result of having a treatment system that delivers an electrical device and expandable member to a blockage. KSR, 550 U.S. 398, 82 USPQ2d 1385 (2007) and it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the plurality of discrete electrodes as taught by Schmaltz to have some electrodes be disposed underneath the expandable distal member and to have the radially outer surfaces of the plurality of electrodes extend beyond radially outer surfaces of the insulative coating as taught by the Broome, in order to ablate tissue that is captured within the filter and to come in contact with the tissue (Column 7, Lines 64- 66).
Regarding wherein the plurality of discrete electrodes and the electrically insulative coating form one or more ridges, as the combination teaches that the plurality of electrodes extend past the electrically insulative coating (see annotated Fig. 9 of Broome below) and that the electrodes are annular members that have a rectangular cross section (see annotated Fig. 6 of Schmaltz below)(Schmaltz, Paragraph 0049), then the plurality of discrete electrodes and the electrically insulative coating form one or more ridges.
PNG
media_image5.png
637
712
media_image5.png
Greyscale
PNG
media_image9.png
485
794
media_image9.png
Greyscale
Claim(s) 2- 4, 12, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmaltz (US 2010/0234842) in view of Broome et al. (US 8,647,359), as applied to claims 1 and 13, in further view of Nguyen et al. (US 2020/0297410).
Regarding claim 2, Schmaltz and Broome make obvious the treatment system as discussed above.
The combination of Schmaltz and Broome does not teach the system further comprising a negative electrode in electrical communication with the signal generator, wherein the signal generator, the treatment device, and the negative electrode together form an electrical circuit.
Nguyen teaches a similar treatment system (10)(Figs. 1A- 4G) comprising: a signal generator (20) comprising a first electrical terminal (24), a negative electrode (external electrodes 29) in electrical communication with the signal generator (Paragraphs 0154 and 0157), a treatment device (40) comprising an axially elongated electrically conductive core member (11) comprising a proximal end portion configured to be placed in electrical communication with the first electrical terminal (Paragraphs 0154 and 0173) and a distal end portion configured to be positioned proximate a thrombus within a lumen of a blood vessel at a treatment site (Paragraph 0155, see Fig. 4F), and an electrical engagement portion (For purposes of examination, this portion is considered the uninsulated portion of the core member near the interventional element 100 taught in Paragraph 0156) configured to be in electrical communication with the conductive core member (Paragraph 0156), and an expandable distal member (interventional element 100) coupled to the core member and disposed distal to the electrical engagement portion (Paragraphs 0155 and 0156). Nguyen further teaches wherein the signal generator, the treatment device, and the negative electrode together form an electrical circuit (Paragraph 0168).
It would have been obvious to one of ordinary skill in the art to modify the treatment device of Broome to have the negative electrode and the electric circuit as taught by Nguyen, since Nguyen teaches that with the negative electrode, a circuit is formed within the device which allows for the interventional element to be positively charged and encourages adhesion of the material to the interventional element during a procedure (Paragraph 0010).
Regarding claim 3, Schmaltz and Broome make obvious the treatment system, including a negative electrode, as discussed above.
The combination of Broome and Nguyen does not teach wherein the first electrical terminal is positive, the signal generator further comprising a second electrical terminal that is negative.
Nguyen teaches a similar treatment system (10)(Figs. 1A- 4G) comprising: a signal generator (20) comprising a first electrical terminal (24) and a second electrical terminal (26), wherein the first electrical terminal is positive and the second electrical terminal is negative (As Nguyen teaches that the first electrical terminal is connected to the core member 11 (Paragraph 0154) and that the core member is attached to the positive terminal (Paragraph 0168), the first electrical terminal is positive. As there is a second terminal taught to be a part of the electrical terminal (Paragraph 0152), and the electrical terminal is taught to have a negative terminal (Paragraph 0168), the second terminal is the negative terminal.), a treatment device (40) comprising an axially elongated electrically conductive core member (11) comprising a proximal end portion configured to be placed in electrical communication with the first electrical terminal (Paragraphs 0154 and 0173) and a distal end portion configured to be positioned proximate a thrombus within a lumen of a blood vessel at a treatment site (Paragraph 0155, see Fig. 4F), and an electrical engagement portion (For purposes of examination, this portion is considered the uninsulated portion of the core member near the interventional element 100 taught in Paragraph 0156) configured to be in electrical communication with the conductive core member (Paragraph 0156), and an expandable distal member (interventional element 100) coupled to the core member and disposed distal to the electrical engagement portion (Paragraphs 0155 and 0156).
It would have been obvious to one of ordinary skill in the art to modify the signal generator of the combination to have a first electrical terminal be positive and a second electrical terminal be negative as taught by Nguyen, since Nguyen teaches that with the positive and negative terminal that can be attached to elements of a device, a circuit can be formed which allows for the interventional element to be positively charged and encourages adhesion of the material to the interventional element during a procedure (Paragraph 0010).
Regarding claim 4, Schmaltz and Broome make obvious the treatment system as discussed above.
The combination of Broome and Nguyen does not teach wherein, when current is supplied via the signal generator, the interventional element is positively electrically charged to promote adhesion of a thrombus thereto.
Nguyen teaches a similar treatment system (10)(Figs. 1A- 4G) comprising: a signal generator (20) comprising a first electrical terminal (24), a treatment device (40) comprising an axially elongated electrically conductive core member (11) comprising a proximal end portion configured to be placed in electrical communication with the first electrical terminal (Paragraphs 0154 and 0173) and a distal end portion configured to be positioned proximate a thrombus within a lumen of a blood vessel at a treatment site (Paragraph 0155, see Fig. 4F), and an electrical engagement portion (For purposes of examination, this portion is considered the uninsulated portion of the core member near the interventional element 100 taught in Paragraph 0156) configured to be in electrical communication with the conductive core member (Paragraph 0156), and an expandable distal member (interventional element 100) coupled to the core member and disposed distal to the electrical engagement portion (Paragraphs 0155 and 0156). Nguyen further teaches wherein, when current is supplied via the signal generator, the interventional element is positively electrically charged to promote adhesion of a thrombus thereto (Paragraph 0201).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system of the combination to have the interventional element be positively charged when current is supplied via the signal generator, since Nguyen teaches that doing so allows for enhanced clot adhesion during treatment (Paragraph 0201).
Regarding claims 12 and 21, Schmaltz and Broome make obvious the treatment system as discussed above.
The combination of Schmaltz and Broome does not teach wherein the expandable distal member comprises a plurality of radiopaque markers coupled to the expandable distal member such that radial distances between the markers are greater when the expandable distal member is in the expanded state than when the expandable distal member is in the low- profile state.
Nguyen teaches a similar treatment system (10)(Figs. 1A- 4G) comprising: a signal generator (20) comprising a first electrical terminal (24), a treatment device (40) comprising an axially elongated electrically conductive core member (11) comprising a proximal end portion configured to be placed in electrical communication with the first electrical terminal (Paragraphs 0154 and 0173) and a distal end portion configured to be positioned proximate a thrombus within a lumen of a blood vessel at a treatment site (Paragraph 0155, see Fig. 4F), and an electrical engagement portion (For purposes of examination, this portion is considered the uninsulated portion of the core member near the interventional element 100 taught in Paragraph 0156) configured to be in electrical communication with the conductive core member (Paragraph 0156), and an expandable distal member (interventional element 100) coupled to the core member and disposed distal to the electrical engagement portion (Paragraphs 0155 and 0156). Nguyen further teaches wherein the expandable distal member comprises a plurality of radiopaque markers coupled to the expandable distal member (Paragraph 0172).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the expandable distal member to have a plurality of radiopaque markers coupled to it, since Nguyen teaches that the markers enable visualization of the device (Paragraph 0172).
Regarding that radial distances between the markers are greater when the expandable distal member is in the expanded state than when the expandable distal member is in the low- profile state, as the markers are taught to be disposed at the distal end of the expandable distal member (Paragraph 0172), and the expandable distal member is taught to collapse and expand (Paragraph 0179), when the expandable distal member is in an expanded state the radial distances between the markers would be greater than when the expandable distal member is compressed.
Claim(s) 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmaltz (US 2010/0234842) in view of Broome et al. (US 8,647,359), as applied to claims 1 and 13 above, in further view of Baxter et al. (US 10,426,498).
Regarding claims 7 and 16, Schmaltz and Broome make obvious the treatment system as discussed above.
The combination of Schmaltz and Broome does not teach wherein the electrical engagement portion has a radially outermost dimension that tapers distally such that a radially outermost dimension of a distally located electrode is smaller than a radially outermost dimension of a proximally located electrode, and wherein the distal taper increases flexibility of the electrical engagement portion.
Baxter (Baxter et al.) teaches a similar treatment system (abstract; Column 23, Lines 24- 30)(Figs. 20A- 20D) for insertion in a blood vessel (abstract), with a catheter (outer catheter 1710) that has a tapered distal portion that is proximal relative to a stent (see Fig. 20A), which increases flexibility (Column 17, Lines 55- 60).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the distal portion of the core member, and therefore the electrical engagement portion as taught by the combination to taper distally as taught by Baxter, since Baxter teaches that tapering a catheter increases flexibility (Column 17, Lines 55- 60).
Regarding such that a radially outermost dimension of a distally located electrode is smaller than a radially outermost dimension of a proximally located electrode, as Schmaltz teaches that the electrodes are disposed on the distal portion of the core member (see Fig. 6 of Schmaltz, Paragraph 0048 of Schmaltz), and the combination now has a taper at the distal portion, it would be obvious to one of ordinary skill in the art that an electrode that is on the taper and is distal to another electrode would have a smaller radial dimension compared to an electrode that is proximal to it.
Response to Arguments
Regarding applicant’s arguments filed March 25th, 2026, with respect to the 103 rejection of claims 1-5, 8-14, 17-18, 20-21, and 25- 27 over Schmaltz (US 2010/0234842) in view of Nguyen et al. (US 2020/0297410) and Voth et al. (WO 2019/195439) and the 103 rejection of claims 7 and 16 over Schmaltz (US 2010/0234842) in view of Nguyen et al. (US 2020/0297410) and Voth et al. (WO 2019/195439) in further view of Baxter et al. (US 10,426,498) have been considered but are moot since, as discussed above, the previous prior art rejection was withdrawn in view of applicant’s amendments. However, it is noted that Schmaltz, Nguyen, and Baxter are still relied upon for limitations not argued.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDSEY R. RIVERS whose telephone number is (571)272-0251. The examiner can normally be reached Monday- Friday.
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, Jackie Ho can be reached at (571) 272- 4696. 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.
/L.R.R./Examiner, Art Unit 3771 /TAN-UYEN T HO/Supervisory Patent Examiner, Art Unit 3771
Prosecution Insights