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 .
Election/Restrictions
Applicant’s election without traverse of Group IV (claims 13 – 25) in the reply filed on 27 March 2026 is acknowledged.
Claims 1 – 12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 27 March 2026.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 13 - 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cao et al. (US PGPUB 2024/0285341).
Regarding claim 13, Cao discloses a medical treatment apparatus (e.g. ABSTRACT), comprising:
a magnetic resonance imaging (MRI) device, (e.g. 101), configured for imaging of a specific region comprising a target object and generating a magnetic resonance image (e.g. ¶ 59);
a laser interstitial thermal therapy (LITT) device, (e.g. ¶ 54; a multi-wavelength LITT device wish is used for ablation therapy), comprising: an LITT probe, the LITT probe being positioned close to the target object based on the magnetic resonance image, and configured to treat the target object by emitting laser (e.g. ¶ 60); and
a temperature measurement element (e.g. 8), the temperature measurement element and the LITT probe being integrated as an integrated probe (e.g. ¶ 86), and the temperature measurement element being configured to obtain a temperature of the target object (e.g. ¶ 87), wherein the LITT probe comprises an LITT lateral ablation probe or an LITT circumferential ablation probe (e.g. ¶ 60 – 61).
Regarding claim 14, Cao discloses the LITT lateral ablation probe comprises: a probe main body; and a coating layer covered on an end surface of the probe main body, wherein the end surface of the probe main body and an axis of the probe main body form a first angle, the probe main body comprises a probe core and a hard cladding structure located at an outer peripheral of the probe core, and the coating layer comprises noble metal (e.g. ¶ 60 – 61).
Regarding claims 15 and 16, Cao discloses the coating layer has a dual-layer structure, a layer of the dual-layer structure which is close to the end surface of the probe main body comprises pure silver, and the other layer of the dual-layer structure which is away from the end surface of the probe main body comprises silicon monoxide (e.g. ¶ 60 – 61).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 17 – 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cao et al. in view of Capote et al. (US PGPUB 2021/0386478).
Regarding claims 17 – 19, Cao discloses the claimed invention except for a lens connected to the end surface.
Capote teaches it is known that the LITT lateral ablation probe comprises: a probe main body; and a lens connected to an end surface of the probe main body, wherein the end surface of the probe main body is perpendicular to an axis of the probe main body, the lens has a first vertex angle, the probe main body comprises a probe core and a hard cladding structure located at an outer peripheral of the probe core, and the lens is a sapphire lens (e.g. ¶ 38 – 42). It would have been obvious to one having ordinary skill in the art to modify the invention as taught by Cao with the lens as taught by Capote in order to better treat the patient.
Regarding claims 20 – 25, Cao discloses the claimed invention except for a cone-shaped surface.
Capote teaches it is known to use the LITT circumferential ablation probe comprises: a probe main body, the main body of the probe comprising a cone-shaped surface, one or more grooves being set on the cone-shaped surface, the one or more grooves being evenly distributed on the cone-shaped surface in an arabesquitic pattern, wherein the LITT circumferential ablation probe emits laser out of the one or more groove (e.g. Fig 3B) and to use the claimed wavelengths (e.g. ¶ 57 – 58). It would have been obvious to one having ordinary skill in the art to modify the invention as taught by Cao with the limitations as taught by Capote since such a modification would provide the predictable results of better treating the patient.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M DIETRICH whose telephone number is (571)270-1895. The examiner can normally be reached Mon - Fri 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached at 571-270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M DIETRICH/ Primary Examiner, Art Unit 3796
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