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 species C, fig.8-10, Claims 1-8, 10 and 15 in the reply filed on 02/17/2026 is acknowledged.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4-5, 7 and 15 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Sugita et al. (US 2006/0178669).
Regarding claim 1, Sugita discloses an electrosurgical instrument (fig.1; high-frequency treatment tool 100) comprising: an electrode (fig.2; electrode 2); an insulator arrangement (fig.6; capping member 5) having a distal end ([0031]: “The sheath 1 is inserted through an instrument channel (not shown) and formed with an insulated material, for example polytetrafluoroethylene”); an instrument hose (fig.5; see also [0032]) in which a longitudinal thrust element is arranged for defining a position of the electrode relative to the distal end of the insulator arrangement ([0032]: “the sheath 1 is formed to be a multi-lumen tube, which includes a plurality of (for example, two) independent lumens formed in parallel with each other through the entire length of the sheath 1. The operation wire 3 is inserted through one of the two lumens, and the other lumen is used as a water channel.”); a stop (fig.5; 3a); a counter stop (fig.5; 2b) of the electrode and/or the longitudinal thrust element; and an elastically deformable device (fig.5, coiled spring 6), which is arranged and configured to pretension the counter stop in a distal direction against the stop in order to avoid movement of the electrode in a proximal direction relative to the distal end of the insulator arrangement and/or the instrument hose when bending or curving the instrument hose [0040].
Regarding claim 2, Sugita discloses the electrosurgical instrument according to claim 1, wherein the stop is arranged next to a distal end of the instrument hose and/or the insulator arrangement (fig.5).
Regarding claim 4, Sugita discloses the electrosurgical instrument according to claim 1, wherein the stop is formed by a stop element (fig.4; 3a), which is positioned in a distal end section of the instrument hose (fig.4) and is held in a form-fit and/or friction-fit manner (fig.4).
Regarding claim 5, Sugita discloses the electrosurgical instrument according to claim 1, wherein the counter stop is configured on the electrode (fig.5) and/or the longitudinal thrust element and/or on a counter stop element which is connected with the electrode and/or the longitudinal thrust element (fig.1)
Regarding claim 7, Sugita discloses the electrosurgical instrument according to claim 5, wherein the counter stop element comprises an extension that extends up to (fig.4) or distally beyond a distal end surface of a stop element comprising the stop (fig.5).
Regarding claim 15, Sugita discloses the electrosurgical instrument according to claim 1, wherein the instrument hose is configured to be guided through a working channel of an endoscope and/or wherein the instrument hose and an additional hose are configured to be moved through a same working channel of an endoscope or through separate working channels ([0005] - [0006]).
Claims 1, 2-6, 8 and 10 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Curley et al. (US 2019/0336729).
Regarding claim 1, Curley discloses an electrosurgical instrument comprising: an electrode (fig.2; distal end of needle 512);an insulator arrangement having a distal end [0110]; an instrument hose (fig.5C; inner lumen 511) in which a longitudinal thrust element (408) is arranged for defining a position of the electrode relative to the distal end of the insulator arrangement; a stop (516); a counter stop (518) of the electrode and/or the longitudinal thrust element; and an elastically deformable device (fig.10A; 902, see also [0129]), which is arranged and configured to pretension the counter stop in a distal direction against the stop in order to avoid movement of the electrode in a proximal direction relative to the distal end of the insulator arrangement and/or the instrument hose when bending or curving the instrument hose (see also [0124]-[0125] and [0129]).
Regarding claim 2, Curley discloses the electrosurgical instrument according to claim 1, wherein the stop is arranged next to a distal end of the instrument hose and/or the insulator arrangement (fig.6A).
Regarding claim 3, Curley discloses the electrosurgical instrument according to claim 1, wherein the elastically deformable device is arranged proximally outside the instrument hose and/or wherein the electrosurgical instrument comprises a handle, wherein the elastically deformable device (fig.9; biasing element 902) is arranged in the handle (fig.10A, see also [0129]).
Regarding claim 4, Curley discloses the electrosurgical instrument according to claim 1, wherein the stop is formed by a stop element (flange 516), which is positioned in a distal end section (fig.6A; distal portion 202) of the instrument hose and is held in a form-fit and/or friction-fit manner (fig.6A).
Regarding claim 5, Curley discloses the electrosurgical instrument according to claim 1, wherein the counter stop is configured on the electrode and/or the longitudinal thrust element and/or on a counter stop element which is connected with the electrode and/or the longitudinal thrust element (fig.6A).
Regarding claim 6, Curley discloses the electrosurgical instrument according to claim 1, wherein the counter stop is formed by a counter stop element (retraction stop 518) which is separate from the electrode and the longitudinal thrust element and is operable to connect the longitudinal thrust element and the electrode (fig.6A).
Regarding claim 8, Curley discloses the electrosurgical instrument according to claim 1, wherein the longitudinal thrust element (connecting member 408) is formed by an additional hose, which is arranged inside the instrument hose (fig.6A).
Regarding claim 10, Curley discloses the electrosurgical instrument according to claim 8, wherein an electrical conductor, is arranged in or on the additional hose [0115].
Conclusion
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/TIGIST S DEMIE/Primary Examiner, Art Unit 3794
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