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 .
Claim Objections
Claim 15 is objected to because of the following informalities: Claim 15 recites “The medical treatment method..” but should recite –A medical treatment method--. Appropriate correction is required.
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.
Claim(s) 1-2, 4-7, 9-10, 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hancock et al. (US 2019/0083159 A1).
With regard to claim 1, Hancock discloses A tool (Fig. 1a and 1b) for generating a plasma ([0005]), the tool comprising at least one instrument (2/4) wherein the instrument comprises at least, from the inside to the outside:
a power supply electrode (8), an internal dielectric screen (10), a sheath (27),
the instrument further comprising at least one counter electrode (6) arranged externally to the internal dielectric screen (see Fig. 1a).
with regard to claim 2, Hancock discloses wherein the power supply electrode is a metal wire ([0100], made of metallic material silver).
With regard to claim 4, Hancock discloses wherein the instrument comprises at least one additional layer (spacer layer, generally depicted at 28 [0100]).
With regard to claim 5, Hancock discloses wherein the additional layer is chosen from among: an external dielectric screen (22) and/or a spacer layer (generally depicted at 28, [0100] discloses a spacer layer between 27 and 6).
With regard to claim 6, Hancock discloses wherein the additional layer is a spacer layer ([0100], generally depicted at 28) which is arranged on the internal dielectric screen or on the counter electrode (spacer layer 28 is located on the counter electrode 6 as shown in Fig. 1a).
With regard to claim 7, Hancock discloses wherein the instrument comprises two additional layers (28 and 22), namely an external dielectric screen (22) and a spacer layer (28) the spacer layer being arranged on the internal dielectric screen (the spacer layer 28 is considered arranged on the internal dielectric screen 10 as they are not required to be directly in contact) and the external dielectric screen on the counter electrode (22 is connected to the distal end of the counter electrode 6 and is therefore considered to be “on” the counter electrode).
With regard to claim 9, Hancock discloses comprising at least one cap (part 4) arranged at the distal end of the instrument (see Fig. 1a) to guide, in service, a passage of the plasma from inside the instrument to the outside of the instrument (considered to guide as it provides a lumen 18 that can guide the plasma).
With regard to claim 10, Hancock discloses wherein the cap (4) is an integral part of the counter electrode (see where they are connected at axis 16 in Fig. 1a) thus forming the distal end of said counter electrode.
With regard to claim 12, Hancock discloses wherein at least the distal end of the counter electrode (6) is shaped in a cylinder (see better in fig. 5, showing the cross section with element 6 as a cylinder).
With regard to claim 13, Hancock discloses comprising a hollow needle (24) arranged on a distl part of the tool (see Fig. 1a).
With regard to claim 14, Hancock discloses a medical treatment device comprising an applicator (Fig. 1a, 1b) wherein at least one conduit (14) is provided, a tool according to one of claim 1 (see rejection above) being arranged, such that at least its instrument (24) extends into said conduit.
With regard to claim 15, Hancock discloses a medical treatment method implemented using a device according to claim 14 (see rejection above for claim 14) comprising the steps of moving the applicator closer to a zone to be treated ([0015], [0032], [0037], [0038]) and generating plasma by the tool in order to subject said zone to be treated with plasma ([0007], [0020]-[0021] plasma generating mode).
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.
Claim(s) 3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hancock et al. (US 2019/0083159 A1) in view of Lam et al. (US 2014/0074090 A1).
With regard to claim 3, Hancock discloses wherein the power electrode is polarized ([0100], electrical conductor).
However, Hancock does not disclose the counter electrode is a grounding electrode.
Lam teaches a similar plasma generating tool (Fig. 3) including a power supply electrode (416), and a counter electrode external (414) to the power supply electrode. The counter electrode being a grounding electrode ([0158]).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrode of Hancock to be a grounding electrode as taught by Lam for the purpose of providing a safety measure to protect the patient ([0123], [0158]).
With regard to claim 8, Hancock discloses a spacer layer (28 that comprises multiple spacers ([0029], [0100])).
However, Hancock does not show the specific structure of the spacers.
Lam teaches the user of a spacer (418, Fig. 3) that is in the shape of a ring surrounding the power supply electrode.
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the spacers of Hancock to be rings as taught by Lam for the purpose of holding the power electrode centered within the tool ([0158]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hancock et al. (US 2019/0083159 A1) in view of Woloszko et al. (US 2020/0397500 A1).
With regard to claim 11, Hancock discloses wherein the cap (4) has a surface zone (6a, Fig. 1b).
However Hancock does not disclose it is hydrophobic.
Woloszko teaches an outer surface near the distal end of the tool (Fig. 3a and 3b, distal end at 202, outer surface 306a and 306b) can have a hydrophobic surface zone ([0060]).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hancock with the hydrophobic surface as taught by Woloszko for the purpose of reducing tissue sticking to the surface ([0060]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN P FARRAR whose telephone number is (571)270-1496. The examiner can normally be reached Monday - Friday 9am - 5pm.
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, Kevin Sirmons can be reached at 571-272-4965. 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.
/Lauren P Farrar/Primary Examiner, Art Unit 3783