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 I, claims 124-144, in the reply filed on February 24th, 2026, is acknowledged.
Response to Amendment
The amendment filed February 24th, 2026, has been entered. Claims 124 & 126 are amended. Claims 1-123, 129-131, & 145 are canceled. Claims 124-128 & 132-144 remain pending.
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.
Claims 124-128 & 132-142 are rejected under 35 U.S.C. 103 as being unpatentable over Willis et al. (US 20120310230 A1), hereinafter “Willis”, in view of Batchelor et al. (US 20150133911 A1), hereinafter “Batchelor”.
Regarding claim 124, Willis discloses apparatus for use with a tumor within a subject, the apparatus comprising a tumor-ablating device that has a distal region that comprises: an inner shaft ([0063] & [0065]; Figures 1, 2, & 5A—element 7), comprising: a first electroporation electrode ([0061], [0065], [0075], [0085], & [0093]; Figures 1, 2, & 5A—element 4/5); and an outer shaft within which the inner shaft is coaxially disposed along a shaft axis ([0063], [0065], & [0068]; Figures 1, 2, & 5A—element 70), the outer shaft comprising: a second electroporation electrode ([0061], [0065], [0075], [0085], & [0093]; Figures 1, 2, & 5A—element 40/50), wherein the inner shaft is telescopically advanceable out of a distal end of the outer shaft along the shaft axis in a manner that changes a first axial distance between the first electroporation electrode and the second electroporation electrode ([0069]).
Willis does not disclose a first bioimpedance-sensing electrode; the first electroporation electrode mounted at a fixed position proximally from the first bioimpedance-sensing electrode; a second bioimpedance-sensing electrode; the second electroporation electrode mounted at a fixed position distally from the second bioimpedance-sensing electrode.
Batchelor discloses an ablation device comprising a first ablation electrode ([0186]; Figure 6U—element 440U) and a second ablation electrode ([0186]; Figure 6U—element 438U) a first bioimpedance-sensing electrode ([0109], [0186], [0206], & [0233]; Figure 6U—element 446U); the first ablation electrode mounted at a fixed position proximally from the first bioimpedance-sensing electrode ([0186]; Figure 6U—elements 440U & 446U); a second bioimpedance-sensing electrode ([0109], [0186], [0206], & [0233]; Figure 6U—element 444U); the second ablation electrode mounted at a fixed position distally from the second bioimpedance-sensing electrode ([0186]; Figure 6U—elements 438U & 444U).
A person of ordinary skill, before the effective filing date of the claimed invention, would have been motivated to modify the tumor-ablating device, as disclosed by Willis, to include a first bioimpedance-sensing electrode located at a fixed position distally of the first ablation electrode and a second bioimpedance-sensing electrode located at a fixed position proximally of the second ablation electrode, as taught by Batchelor, as both references and the claimed invention are directed toward tumor-ablating devices comprising bipolar electrodes. As disclosed by Willis, the treatment control module can assist a user by enabling the user to more accurately position the electrodes in relation to the target tissue using electrical impedance tomography ([0102] & [0111]-[0112]). As disclosed by Batchelor, the ablation device may comprise a first sensing electrode located distally of the first ablation electrode and a second sensing electrode located proximally of the second ablation electrode, the first sensing electrode and the second sensing electrode are configured to determine impedance in order to determine if the device has been properly placed in target tissue and thus determine if the device should be repositioned or if the probe is in the desired position for ablating the target tissue ([0109], [0186], [0222], & [0233]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tumor-ablating device, as disclosed by Willis, to include a first bioimpedance-sensing electrode located at a fixed position distally of the first ablation electrode and a second bioimpedance-sensing electrode located at a fixed position proximally of the second ablation electrode, as taught by Batchelor, as such a modification would provide for a suitable and known mechanism for aiding in positioning the ablation device within target tissue for ablation.
Regarding claim 125, Willis in view of Batchelor disclose all of the limitations of claim 124, as described above.
Willis further discloses wherein the apparatus is for use with a tumor in a lung of the subject, and wherein the distal region is transbronchially deliverable to the lung ([0107] & [0109]).
Regarding claim 126, Willis in view of Batchelor disclose all of the limitations of claim 124, as described above.
Willis further discloses wherein the tumor has a boundary, and wherein, via the telescopic sliding of the inner shaft out of the distal end of the outer shaft, the distal region is advanceable into a position within the lung in which: both the first and the second electroporation electrodes are disposed within the boundary of the tumor ([0078], [0107], & [0108]); the target tissue may be a tumor; the device may be placed within the target tissue).
Willis does not disclose both the first and second bioimpedance-sensing electrodes are disposed outside of the boundary of the tumor, on opposite sides of the tumor to one another.
Batchelor further teaches wherein the first and the second ablation electrodes are disposed within the boundary of the tumor, and both the first and second bioimpedance-sensing electrodes are disposed outside of the boundary of the tumor, on opposite sides of the tumor to one another ([0004], [0005], [0186], & [0221]-[0223]; Figure 6U—elements 444U & 446U; the first bioimpedance-sensing electrode 446U is disposed distal to the first ablation electrode 440U and the second bioimpedance-sensing electrode 444U is disposed proximal to the second ablation electrode 438U; the first and second ablation electrodes 440U and 438U are configured to ablate tissue such as a tumor; as the first and second ablation electrodes are between the first and second bioimpedance-sensing electrodes it is the examiners position that while the first and second ablation electrodes are disposed within a boundary of the tumor the first and second bioimpedance-sensing electrodes would be capable of being disposed outside of the boundary of the tumor, on opposite sides of the tumor to one another).
A person of ordinary skill, before the effective filing date of the claimed invention, would have been motivated to modify the tumor-ablating device, as disclosed by Willis, to include the first bioimpedance-sensing electrode located at a fixed position distally of the first ablation electrode and the second bioimpedance-sensing electrode located at a fixed position proximally of the second ablation electrode such that the first and second ablation electrodes are disposed within the boundary of the tumor, and the first and second bioimpedance-sensing electrodes are disposed outside of the boundary of the tumor, as further taught by Batchelor, as both references and the claimed invention are directed toward tumor-ablating devices comprising bipolar electrodes. As disclosed by Willis, the treatment control module can assist a user by enabling the user to more accurately position the electrodes in relation to the target tissue using electrical impedance tomography ([0102] & [0111]-[0112]). As disclosed by Batchelor, the ablation device may comprise a first sensing electrode located distally of the first ablation electrode and a second sensing electrode located proximally of the second ablation electrode, the first sensing electrode and the second sensing electrode are configured to determine impedance in order to determine if the device has been properly placed in tissue and thus determine if the device should be repositioned or if the probe is in the desired position for ablating tissue ([0109], [0186], [0222], & [0233]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tumor-ablating device, as disclosed by Willis, to include the first bioimpedance-sensing electrode located at a fixed position distally of the first ablation electrode and the second bioimpedance-sensing electrode located at a fixed position proximally of the second ablation electrode such that the first and second ablation electrodes are disposed within the boundary of the tumor, and the first and second bioimpedance-sensing electrodes are disposed outside of the boundary of the tumor, as further taught by Batchelor, as such a modification would provide for a suitable and known mechanism for aiding in positioning the ablation device within target tissue for ablation.
Regarding claim 127, Willis in view of Batchelor disclose all of the limitations of claim 124, as described above.
Willis does not disclose wherein the apparatus is configured to sense bioimpedance at the tumor by sensing: bioimpedance between the first electroporation electrode and the first bioimpedance-sensing electrode, and bioimpedance between the second electroporation electrode and the second bioimpedance-sensing electrode.
Batchelor further teaches wherein the apparatus is configured to sense bioimpedance at the tumor by sensing: bioimpedance between the first electroporation electrode and the first bioimpedance-sensing electrode, and bioimpedance between the second electroporation electrode and the second bioimpedance-sensing electrode ([0166] & [0221]-[0223]; any of the electrodes 438, 440, 444, & 446 may form part of the ablation circuit and/or the measurement circuit).
A person of ordinary skill, before the effective filing date of the claimed invention, would have been motivated to modify the tumor-ablating device, as disclosed by Willis, to include the first bioimpedance-sensing electrode located at a fixed position distally of the first ablation electrode and the second bioimpedance-sensing electrode located at a fixed position proximally of the second ablation electrode wherein the apparatus is configured to sense bioimpedance at the tumor by sensing: bioimpedance between the first electroporation electrode and the first bioimpedance-sensing electrode, and bioimpedance between the second electroporation electrode and the second bioimpedance-sensing electrode, as further taught by Batchelor, as both references and the claimed invention are directed toward tumor-ablating devices comprising bipolar electrodes. As disclosed by Willis, the treatment control module can assist a user by enabling the user to more accurately position the electrodes in relation to the target tissue using electrical impedance tomography ([0102] & [0111]-[0112]). As disclosed by Batchelor, the ablation device may comprise a first sensing electrode located distally of the first ablation electrode and a second sensing electrode located proximally of the second ablation electrode, any of the electrodes may form part of the measurement circuit in order to determine impedance and if the device has been properly placed in tissue for ablating tissue or the device should be repositioned ([0109], [0186], [0222], & [0233]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tumor-ablating device, as disclosed by Willis, to include the first bioimpedance-sensing electrode located at a fixed position distally of the first ablation electrode and the second bioimpedance-sensing electrode located at a fixed position proximally of the second ablation electrode wherein the apparatus is configured to sense bioimpedance at the tumor by sensing: bioimpedance between the first electroporation electrode and the first bioimpedance-sensing electrode, and bioimpedance between the second electroporation electrode and the second bioimpedance-sensing electrode, as further taught by Batchelor, as such a modification would provide for a suitable and known mechanism for aiding in positioning the ablation device within target tissue for ablation.
Regarding claim 128, Willis in view of Batchelor disclose all of the limitations of claim 124, as described above.
Willis does not disclose wherein the apparatus is configured to sense bioimpedance at the tumor by sensing bioimpedance between the first bioimpedance-sensing electrode and the second bioimpedance-sensing electrode.
Batchelor further teaches wherein the apparatus is configured to sense bioimpedance at the tumor by sensing bioimpedance between the first bioimpedance-sensing electrode and the second bioimpedance-sensing electrode ([0016], [0165], [0166], [0186], [0221], & [0222]; a source measurement signal may be delivered from the first bioimpedance-sensing electrode and a return measurement signal may be received by the second bioimpedance-sensing electrode).
A person of ordinary skill, before the effective filing date of the claimed invention, would have been motivated to modify the tumor-ablating device, as disclosed by Willis, to include the first bioimpedance-sensing electrode located at a fixed position distally of the first ablation electrode and the second bioimpedance-sensing electrode located at a fixed position proximally of the second ablation electrode wherein the apparatus is configured to sense bioimpedance at the tumor by sensing bioimpedance between the first bioimpedance-sensing electrode and the second bioimpedance-sensing electrode, as further taught by Batchelor, as both references and the claimed invention are directed toward tumor-ablating devices comprising bipolar electrodes. As disclosed by Batchelor, the ablation device may comprise a first sensing electrode located distally of the first ablation electrode and a second sensing electrode located proximally of the second ablation electrode, any of the electrodes may form part of the measurement circuit, for example a source measurement signal may be delivered from the first bioimpedance-sensing electrode and a return measurement signal may be received by the second bioimpedance-sensing electrode, in order to determine impedance and if the device has been properly placed in tissue for ablating tissue or the device should be repositioned ([0016], [0109], [0186], [0222], & [0233]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tumor-ablating device, as disclosed by Willis, to include the first bioimpedance-sensing electrode located at a fixed position distally of the first ablation electrode and the second bioimpedance-sensing electrode located at a fixed position proximally of the second ablation electrode wherein the apparatus is configured to sense bioimpedance at the tumor by sensing bioimpedance between the first bioimpedance-sensing electrode and the second bioimpedance-sensing electrode, as further taught by Batchelor, as such a modification would provide for a suitable and known mechanism for aiding in positioning the ablation device within target tissue for ablation.
Regarding claim 132, Willis in view of Batchelor disclose all of the limitations of claim 124, as described above.
Willis further discloses the apparatus further comprises a control unit ([0101 & [0102]; Figure 7—element 40) that comprises a power generator, electrically connectable to both the first and second electroporation electrodes, and adapted to drive an electroporation pulse therebetween ([0072], [0073], [0100], & [0102]; Figures 1 & 7—element 29).
Regarding claim 133, Willis in view of Batchelor disclose all of the limitations of claim 124, as described above.
Willis further discloses wherein the outer shaft is formed from an electrical insulator ([0084] & [0090]; Figure 5A—element 450).
Regarding claim 134, Willis in view of Batchelor disclose all of the limitations of claim 133, as described above.
Willis further discloses wherein the device is configured such that an effective length of the first electroporation electrode is adjustable by sliding the outer shaft over the first electroporation electrode ([0069] & [0101]).
Regarding claims 135-142, Willis in view of Batchelor disclose all of the limitations of claim 124, as described above.
Willis further discloses a control unit adapted to receive signals ([0101], [0102], & [0131]; Figure 7—element 40).
Willis does not disclose wherein the apparatus adapted to receive the signals from: the first bioimpedance-sensing electrode, and to responsively provide an output indicative of bioimpedance of tissue adjacent the first electroporation electrode, and the second bioimpedance-sensing electrode, and to responsively provide an output indicative of bioimpedance of tissue adjacent the second electroporation electrode (claim 135); is configured to, responsively to the signals, output information indicative of a position of each of the first electroporation electrode and the second electroporation electrode with respect to the tumor (claim 136); is configured to, responsively to the signals: determine whether the distal region is in a state in which the first electroporation electrode and the second electroporation electrode are both disposed inside the tumor, and responsively to determining that the distal region is in the state, provide an indication that the first electroporation electrode and the second electroporation electrode are both disposed inside the tumor (claim 137); is adapted to generate the signals by driving an electrical pulse between the first and second bioimpedance-sensing electrodes (claim 138); is adapted to receive the signals by: driving a first electrical pulse between the first electroporation electrode and the first bioimpedance-sensing electrode, and driving a second electrical pulse between the second electroporation electrode and the second bioimpedance-sensing electrode (claim 139); is configured to, responsively to the signals, output information indicative of a position of the first bioimpedance-sensing electrode and the second bioimpedance- sensing electrode with respect to the tumor (claim 140); is adapted to: responsively to the signals, differentiate a state of the distal region in which the first and second bioimpedance-sensing electrodes are both positioned outside of the tumor, from one or more other states of the distal region in which at least one of the first and second bioimpedance-sensing electrodes is positioned inside of the tumor, and responsively to the differentiation, provide an indication that the distal region is in the state (claim 141); is adapted to: responsively to the signals, differentiate between (i) a state of the distal region in which the first and second bioimpedance-sensing electrodes are both positioned outside of the tumor, and (ii) one or more other states of the distal region in which at least one of the first and second bioimpedance-sensing electrodes is positioned inside of the tumor, and responsively to the differentiation, provide an indication of whether the first and second electroporation electrodes are positioned within the tumor (claim 142).
Batchelor further teaches the device adapted to receive signals from: the first bioimpedance-sensing electrode, and to responsively provide an output indicative of bioimpedance of tissue adjacent the first electroporation electrode, and the second bioimpedance-sensing electrode, and to responsively provide an output indicative of bioimpedance of tissue adjacent the second electroporation electrode ([0011], [0015], [0186], [0189], [0219], [0230], & [0231]; the device uses bioelectrical impedance analysis for ablation device positioning detection by passing a low-level current through tissue and measuring the resistance, reactance, phase angle shift, capacitance, and/or inductance to determine an impedance, one or more of the bioimpedance electrodes can send out a sensing signal that is received by another of the sensing electrodes, the bioimpedance electrodes can be switched to allow measurement in more than one location) (claim 135); configured to, responsively to the signals, output information indicative of a position of each of the first electroporation electrode and the second electroporation electrode with respect to the tumor ([0011], [0015], [0186], [0189], [0219], [0230], & [0231]; the device uses bioelectrical impedance analysis for ablation device positioning detection by passing a low-level current through tissue and measuring the resistance, reactance, phase angle shift, capacitance, and/or inductance to determine an impedance, one or more of the bioimpedance electrodes can send out a sensing signal that is received by another of the sensing electrodes, the bioimpedance electrodes can be switched to allow measurement in more than one location) (claim 136); configured to, responsively to the signals: determine whether the distal region is in a state in which the first electroporation electrode and the second electroporation electrode are both disposed inside the tumor, and responsively to determining that the distal region is in the state, provide an indication that the first electroporation electrode and the second electroporation electrode are both disposed inside the tumor ([0011], [0221], [0222], [0230], & [0233]; based on the impedance the device determines if the probe is in the desired position for ablating tissue (e.g. if the probe is in contact with the tumor), if the probe is not in the desired position then the probe may be repositioned) (claim 137); is adapted to generate the signals by driving an electrical pulse between the first and second bioimpedance-sensing electrodes ([0011], [0015], & [0230]-[0232]) (claim 138); is adapted to receive the signals by: driving a first electrical pulse between the first electroporation electrode and the first bioimpedance-sensing electrode, and driving a second electrical pulse between the second electroporation electrode and the second bioimpedance-sensing electrode ([0011], [0015], [0166], & [0230]-[0232]; “any of the electrodes 438, 440, 444, 446 may form a part of the ablation circuit and/or the measurement circuit, if desired”) (claim 139); is configured to, responsively to the signals, output information indicative of a position of the first bioimpedance-sensing electrode and the second bioimpedance-sensing electrode with respect to the tumor ([0011], [0015], [0186], [0189], [0219], [0230], [0231], & [0233]; the device uses bioelectrical impedance analysis for ablation device positioning detection by passing a low-level current through tissue and measuring the resistance, reactance, phase angle shift, capacitance, and/or inductance to determine an impedance, one or more of the bioimpedance electrodes can send out a sensing signal that is received by another of the sensing electrodes, the bioimpedance electrodes can be switched to allow measurement in more than one location; based on the measurement the device can determine if the ablation device is in contact with/ properly place in target tissue) (claim 140); is adapted to: responsively to the signals, differentiate a state of the distal region in which the first and second bioimpedance-sensing electrodes are both positioned outside of the tumor, from one or more other states of the distal region in which at least one of the first and second bioimpedance-sensing electrodes is positioned inside of the tumor, and responsively to the differentiation, provide an indication that the distal region is in the state ([0005], [0221], [0222], [0231], & [0233]; based on the impedance measurement it is determined if the probe is within the tumor, if the probe is not in the desired position it is determined that the probe needed to be repositioned) (claim 141); wherein the control unit is adapted to: responsively to the signals, differentiate between (i) a state of the distal region in which the first and second bioimpedance-sensing electrodes are both positioned outside of the tumor, and (ii) one or more other states of the distal region in which at least one of the first and second bioimpedance-sensing electrodes is positioned inside of the tumor, and responsively to the differentiation, provide an indication of whether the first and second electroporation electrodes are positioned within the tumor ([0005], [0221], [0222], [0231], & [0233]; based on the impedance measurement it is determined if the probe is within the tumor, if the probe is not in the desired position it is determined that the probe needed to be repositioned) (claim 142).
A person of ordinary skill, before the effective filing date of the claimed invention, would have been motivated to modify the tumor-ablating device and the control unit adapted to receive signals, as disclosed by Willis, to include the device adapted to receive signals from: the first bioimpedance-sensing electrode and the second bioimpedance-sensing electrode, and to responsively provide an output indicative of bioimpedance of tissue adjacent the first and second electroporation electrodes to determine the electrode positions, as further taught by Batchelor, as both references and the claimed invention are directed toward tumor-ablating devices comprising bipolar electrodes. As disclosed by Willis, the treatment control module can assist a user by enabling the user to more accurately position the electrodes in relation to the target tissue using electrical impedance tomography, the electrical impedance tomography can be used to confirm the correct positioning of the electroporation electrodes ([0102] & [0111]-[0112]). As disclosed by Batchelor, the ablation device may comprise a first sensing electrode located distally of the first ablation electrode and a second sensing electrode located proximally of the second ablation electrode, the first sensing electrode and the second sensing electrode may receive an impedance measurement return signal which allows the tumor ablating device to determine impedance of tissue in order to determine if the electrodes have been properly placed within the tumor for ablation while affecting as little adjacent tissue as possible ([0005], [0016], [0109], [0166], [0186], [0222], [0230], & [0233]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tumor-ablating device, as disclosed by Willis, to include the device adapted to receive signals from: the first bioimpedance-sensing electrode and the second bioimpedance-sensing electrode, and to responsively provide an output indicative of bioimpedance of tissue adjacent the first and second electroporation electrodes to determine the electrode positions, as further taught by Batchelor, as such a modification would provide for a suitable and known mechanism for aiding in positioning the ablation device within a tumor for ablation, while affecting as little adjacent tissue as possible.
Claims 143-144 are rejected under 35 U.S.C. 103 as being unpatentable over Willis in view of Batchelor and O'Brien et al. (US 20210137410 A1), hereinafter “O’Brien”.
Regarding claim 143, Willis in view of Batchelor disclose all of the limitations of claim 124, as described above.
Willis further discloses wherein: the tumor is a tumor disposed in a lung of a subject ([0107]).
Willis in view of Batchelor do not disclose the apparatus is configured to determine a boundary of the lung tumor via sensing of bioimpedance via at least one of the first and the second bioimpedance-sensing electrodes.
O’Brien teaches an ablation device comprising a first and second bioimpedance electrode ([0196]; Figure 37A), the apparatus is configured to determine a boundary of the lung tumor via sensing of bioimpedance via at least one of the first and the second bioimpedance-sensing electrodes ([0196]).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the apparatus and bioimpedance electrodes, as disclosed by Willis in view of Batchelor, to include the apparatus is configured to determine a boundary of the lung tumor via sensing of bioimpedance via at least one of the first and the second bioimpedance-sensing electrodes, as taught by O’Brien, as all references and the claimed invention are directed toward tumor ablation devices. As disclosed by O’Brien, the bioimpedance electrodes are capable of measuring impedance at various points which allows for determining treatment size and the margin of the tumor ([0196]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus and bioimpedance electrodes, as disclosed by Willis in view of Batchelor, to include the apparatus is configured to determine a boundary of the lung tumor via sensing of bioimpedance via at least one of the first and the second bioimpedance-sensing electrodes, as taught by O’Brien, as such a modification would allow for the system to determine the margin of the tumor to be treated.
Regarding claim 144, Willis in view of Batchelor and O’Brien disclose all of the limitations of claim 143, as described above.
Willis further discloses wherein the apparatus comprises a bronchoscope, transbronchially advanceable to the lung, the distal region being deliverable to the tumor via the bronchoscope ([0107] & [0109]).
Conclusion
Accordingly, claims 124-128 & 132-144 are rejected.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Regarding claim 24, Rioux et al. (US 20050234443 A1) discloses apparatus for use with a tumor within a subject, the apparatus comprising a tumor-ablating device that has a distal region that comprises: an inner shaft ([0026] & [0032]; Figures 1 & 4—element 106), comprising: a first electroporation electrode ([0035]; Figures 4 & 5—element 150; the examiner is considering the electrode 150 to be an electroporation electrode as it is the examiners position that the electrode 150 would be capable of delivering electroporation energy); and an outer shaft within which the inner shaft is coaxially disposed along a shaft axis ([0026], [0029], [0030], & [0032]; Figures 1, 4, & 6—element 102), the outer shaft comprising: a second electroporation electrode ([0030]; Figures 1, 4, & 6—element 126; the examiner is considering the electrode 126 to be an electroporation electrode as it is the examiners position that the electrode 126 would be capable of delivering electroporation energy), wherein the inner shaft is telescopically advanceable out of a distal end of the outer shaft along the shaft axis in a manner that changes a first axial distance between the first electroporation electrode and the second electroporation electrode ([0035]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARINA D TEMPLETON whose telephone number is (571)272-7683. The examiner can normally be reached M-F 8:00am to 5:00pm EST.
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, Joseph Stoklosa can be reached at (571) 272-1213. 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.
/M.D.T./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights