DETAILED ACTION A complete action on the merits of pending claims 1-16 appears below. 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. 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 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. Claim Interpretation Claims 3, 4, 6, 11, 12, and 14 are interpretated as product-by-process claims. E ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698; 227 USPQ 964, 966 (Fed. Cir. 1985). Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim s 2, 5, 8, 10, 13, and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. The term s “ high ” , “low” or “highly” in claim s 5, 8, 13, and 16 are relative term s which renders the claim indefinite. The term s are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear to what level of thermal or electrical conductivity the materials must have to meet the limitations. 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. (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 1-16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Yasunaga US 20170215938 . Regarding claims 1 and 9, Yasunaga teaches first and second jaw members (Fig. 2A and par. [0044] first and second jaws are the same so the numerals used are the same) movable between a spaced apart position and an approximated position for sealing and cutting tissue (Figs. 2A and B) , the first jaw member including: a first seal plate assembly including first and second seal plates joined atop one another (Fig. 4 110 and any other layer since they are stacked ) , the second seal plate defining a first channel extending from a proximal to a distal end thereof (Fig. 3C 322) ; a thermal cutter assembly including: a first substrate (Fig. 3C 150) disposed within the first channel and extending from the proximal to distal end of the second seal plate (Fig. 4 the layers form the channel therefore are within) ; an insulator disposed atop the first substrate and configured to extend therealong (Fig. 4 130) ; a resistive element disposed atop the insulator (Fig. 4 134) and configured to generate heat upon activation thereof (par. [0046]) ; and an encapsulant configured to electrically insulate the resistive element and thermally conduct heat from the resistive element (Fig. 4 120) , such that, upon activation thereof, tissue disposed between opposing first and second jaw members of the end effector assembly is cut along the resistive element; and the second seal plate including a second seal plate assembly including first and second seal plates joined atop one another (Fig. 3C stacked configuration including 110) , the second seal plate defining a second channel extending from a proximal to a distal end thereof configured to receive a second substrate therein (Fig. 3C 322) , wherein the second substrate opposes the thermal cutter assembly of the first jaw member when the first and second jaw members are moved to the approximated position (Fig. 2B) . Regarding claims 2 and 10, Yasunaga teaches wherein the first and second substrates are made from materials having a low thermal conductivity (par. [0050]) . Regarding claims 3 and 11, Yasunaga teaches wherein at least one of the first or second substrates is disposed within a respective first and second channel (Fig. 3C the layers form the channel therefore are within) utilizing a thermal spraying or deposition process (product by process limitation) . Regarding claims 4 and 12, Yasunaga teaches wherein the insulator is disposed atop the first substrate (Fig. 3C and 4) using a deposition process (product by process limitation) . Regarding claims 5 and 13, Yasunaga teaches wherein the insulator is made from a material having a high coefficient of thermal conductivity but low electrical conductivity (par. [0050] electrothermal conversion element 130) . Regarding claims 6 and 14, Yasunaga teaches wherein the insulator is treated after the deposition process to facilitate adhesion of the resistive element thereon (product by process limitation) . Regarding claims 7 and 15, Yasunaga teaches wherein opposing ends of the resistive element are configured to connect to a pair of conductive pads disposed at a proximal end of the insulator (Fig. 4 136) . Regarding claims 8 and 16, Yasunaga teaches wherein the encapsulant is made from an electrically insulative, highly thermally conductive material (par. [0048]) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT RYAN T. CLARK whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (408)918-7606 . The examiner can normally be reached on FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 7AM-3PM MT . 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, FILLIN "SPE Name?" \* MERGEFORMAT Linda Dvorak can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT (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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /R.T.C./ Examiner, Art Unit 3794 /THOMAS A GIULIANI/ Primary Examiner, Art Unit 3794