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 .
Response to Amendment
The amendment filed November 26th, 2025 has been entered. Claims 1-2, 5-11, 14, & 17-20 are amended. Claims 1-20 remain pending.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument; as necessitate by amendment.
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 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Woloszko et al. (US 20030212395 A1), hereinafter “Woloszko”.
Regarding claim 19, Woloszko discloses a treatment apparatus for an endoscope ([0013]), comprising: a first electrode, the first electrode including an electrical treatment part and an operating wire ([0247], & [0249]; Figures 48A-48B—elements 911 & 912; with the electrical treatment part being the active electrode head 911 and the operating wire being the filament 912); a sheath ([0249]; Figure 48B—element 914), a surface of the sheath being provided with a bendable flexible conductive part, and the sheath bending along with the bendable flexible conductive part ([0238], [0247], [0249], [0250], & [0284]; Figures 48A-48B & 59A-59B—element 918; the return electrode 918 is shown to be flexible and bendable in figures 59A-59B); wherein the operating wire is threaded into the sheath ([0247], & [0249]; Figures 48A-48B—elements 912 & 914), the electrical treatment part extends out from a front end of the sheath ([0247], & [0249]; Figures 48A-48B—elements 911 & 914), the front end of the sheath extends out from a front end of the bendable flexible conductive part ([0249]; Figure 48B—element 914 & 918), and current flows through the first electrode to the bendable flexible conductive part ([0260]).
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chin et al. (US 20060271032 A1), hereinafter “Chin”.
Regarding claim 20, Chin discloses an expandable frame ([0169] & [0170]; Figure 10B—element 68), wherein the expandable frame is provided with a first conductive part ([0169]; Figure 10B—element 12) on a periphery of an endoscope ([0169]; Figure 10B—element 16), the first conductive part including a metal conductive layer of a variable diameter ([0117] & [0169]; Figures 10A & 10B—element 12; the ring 12 is a circumferential electrically conducting element, the ring is an expandable ring such that is comprises a small diameter configuration (Figure 10A) and a substantially larger diameter configuration (Figure 10B), the examiner is considering the first conductive part to include a variable diameter as the diameter of the ring 12 is variable between an expanded and collapsed configuration).
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Rydell (US 5035696 A), hereinafter “Rydell”, in view of Fleischman et al. (US 6030382 A), hereinafter “Fleischman”.
Regarding claim 1, Rydell discloses a treatment apparatus for an endoscope ([Col. 3, lines 35-43]; Figure 1—element 10), comprising: a first electrode, the first electrode including an electrical treatment part and an operating wire ([Col. 3, line 43 – Col. 4, line 8]; Figures 1 & 2—element 26; the examiner is considering the electrical treatment part to be the distal portion of first electrode wire 26 that is configured to be exposed out of aperture 28, and the operating wire to be the proximal portion of wire 26 that is enclosed in sheath 12); a sheath ([Col. 3, lines 43-64]; Figures 1 & 2—element 12), a surface of the sheath being provided with a bendable flexible conductive part, the bendable flexible conductive part being in the form of a tube ([Col. 3, line 43 – Col. 4, line 8]; Figures 1 & 2—element 20/22; coaxially disposed on the sheath 12 is a flexible conductive segment 20 formed of a helically wound wire spring 22; the examiner is considering the flexible conductive segment 20 formed of the helically wound wire spring 22 to be a tube as it is tubular in shape), and the sheath bending along with the bendable flexible conductive part ([Col. 4, line 64 – Col. 5, line 9], Figures 1 & 2—elements 12 & 20/22); wherein the operating wire is threaded into the sheath and the electrical treatment part extends out from a front end of the sheath ([Col. 3, lines 55-64]; Figure 1—elements 12 & 28; the examiner is considering the front end of the sheath to be the distal side of the sheath 12 containing aperture 28 from which the electrical treatment part 26 extends out of the sheath 12), and current flows through the first electrode to the bendable flexible conductive part ([Col. 5, lines 1-9]).
Rydell does not explicitly disclose the bendable flexible conductive part having a gap formed in the bendable flexible conductive part to facilitate a bend of the bendable flexible conductive part, the surface of the sheath being communicated with an external air of the bendable flexible conductive part through the gap.
Fleischman teaches a treatment apparatus comprising a sheath and a surface of the sheath being provided with a bendable flexible conductive part ([Col. 5, lines 50-64]; Figures 2, 7, & 8—element 42 & 44), the bendable flexible conductive part having a gap formed in the bendable flexible conductive part to facilitate a bend of the bendable flexible conductive part, the surface of the sheath being communicated with an external air of the bendable flexible conductive part through the gap ([Col. 5, lines 50-64]; Figures 7 & 8—element D).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the bendable flexible conductive part, as disclosed by Rydell, to include the bendable flexible conductive part having a gap formed in the bendable flexible conductive part to facilitate a bend of the bendable flexible conductive part, the surface of the sheath being communicated with an external air of the bendable flexible conductive part through the gap, as taught by Fleischman, as both references and the claimed invention are directed toward electrosurgical devices comprising flexible conductors. As disclosed by Rydell, the bendable flexible conductive part may be formed of a helically wound wire ([Col. 3, lines 49-54]). As disclosed by Fleischman, the bendable flexible conductive part may be form of a helically wound wire, the winding of the bendable flexible conductive part can be spaced apart so as to define a gap, the spaced apart winding can create a more flexible conductive part which can more readily be bent into shaped having a smaller radii of curvature and prevent pinching of tissue which can result from other tightly wound flexible conductive configurations ([Col. 5, lines 50-64] & [Col. 8, lines 45-54]). 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 bendable flexible conductive part, as disclosed by Rydell, to include the bendable flexible conductive part having a gap formed in the bendable flexible conductive part to facilitate a bend of the bendable flexible conductive part, the surface of the sheath being communicated with an external air of the bendable flexible conductive part through the gap, as taught by Fleischman, as such a modification would produce the predictable result of providing a helically wound bendable flexible conductive part and further would create a more flexible conductive part which can more readily be bent into shaped having a smaller radii of curvature and prevent pinching of tissue which can result from other tightly wound flexible conductive configurations.
Regarding claim 2-4, Rydell in view of Fleischman disclose all of the limitations of claim 1, as described above.
Rydell further discloses wherein the bendable flexible conductive part includes a metal member, the metal member including one or more consecutive metal members (claim 2)([Col. 3, line 43 – Col. 4, line 8]; Figures 1 & 2—element 20/22; with the one or more consecutive metal members being the windings of the helically wound wire 22).
Rydell does not disclose the metal member containing the gap, the gap between the one or more consecutive metal members being formed such that the surface of the sheath is partially exposed (claim 2); wherein the gap includes a slit formed between interrupted surfaces of the one or more consecutive metal members, the slit being spirally provided in an axial direction of the sheath (claim 3); wherein a pitch of the spirally provided slit is 0.1 to 2 mm (claim 4).
Fleischman further teaches the bendable flexible conductive part includes a metal, the metal member including one or more consecutive metal members ([Col. 5, lines 50-64]; Figures 2, 7, & 8—element 44; the one or more consecutive metal members being the winding of the coiled electrode 44), the metal member containing the gap, the gap between the one or more consecutive metal members being formed such that the surface of the sheath is partially exposed ([Col. 5, lines 50-64]; Figures 7 & 8—element D) (claim 2); wherein the gap includes a slit formed between interrupted surfaces of the one or more consecutive metal members, the slit being spirally provided in an axial direction of the sheath (claim 3) ([Col. 5, lines 50-64]; Figures 7 & 8—element D); wherein a pitch of the spirally provided slit is 0.1 to 2 mm (claim 4) ([Col. 5, lines 50-64], [Col. 7, lines 35-42], [Col. 8, line 64 – Col. 9, line 6]; slit is at least 1/5 to 1/2 the width of the coiled electrode wire, the electrode wire may have a width of 0.02 inches).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the one or more consecutive metal members of the bendable flexible conductive part, as disclosed by Rydell, to include the metal member containing the gap, the gap between the one or more consecutive metal members being formed such that the surface of the sheath is partially exposed, wherein the gap includes a slit formed between interrupted surfaces of the one or more consecutive metal members, the slit being spirally provided in an axial direction of the sheath, and wherein a pitch of the spirally provided slit is 0.1 to 2 mm, as further taught by Fleischman, as both references and the claimed invention are directed toward electrosurgical devices comprising flexible conductors. As disclosed by Rydell, the bendable flexible conductive part may be formed of a helically wound wire ([Col. 3, lines 49-54]). As disclosed by Fleischman, the bendable flexible conductive part may be form of a helically wound wire, the winding of the bendable flexible conductive part can be spaced apart so as to define a gap, the spaced apart winding can create a more flexible conductive part which can more readily be bent into shaped having a smaller radii of curvature and prevent pinching of tissue which can result from other tightly wound flexible conductive configurations ([Col. 5, lines 50-64] & [Col. 8, lines 45-54]). 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 one or more consecutive metal members of the bendable flexible conductive part, as disclosed by Rydell, to include the metal member containing the gap, the gap between the one or more consecutive metal members being formed such that the surface of the sheath is partially exposed, as further taught by Fleischman, as such a modification would produce the predictable result of providing a helically wound bendable flexible conductive part and further would create a more flexible conductive part which can more readily be bent into shaped having a smaller radii of curvature and prevent pinching of tissue which can result from other tightly wound flexible conductive configurations.
Regarding claim 5, Rydell in view of Fleischman disclose all of the limitations of claim 1, as described above.
Rydell does not disclose wherein a width of the gap along an axial direction of the sheath is less than a length of a conductive structure cooperating with the bendable flexible conductive part extending along the axial direction of the sheath.
Fleishman further teaches wherein a width of the gap along an axial direction of the sheath is less than a length of a conductive structure cooperating with the bendable flexible conductive part extending along the axial direction of the sheath ([Col. 7, lines 25-42], [Col. 8, line 64 – Col. 9, line 6], & [Col. 9, lines 41-49]; Figure 7—elements “D” & 44; Figure 7 portrays the width of the gap “D” being less than the length of the conductive structure of the bendable flexible conductive part 44).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the bendable flexible conductive part, as disclosed by Rydell, to include wherein a width of the gap along an axial direction of the sheath is less than a length of a conductive structure cooperating with the bendable flexible conductive part extending along the axial direction of the sheath, as further taught by Fleischman, as both references and the claimed invention are directed toward electrosurgical devices comprising flexible conductors. As disclosed by Rydell, the bendable flexible conductive part may be formed of a helically wound wire ([Col. 3, lines 49-54]). As disclosed by Fleischman, the bendable flexible conductive part may comprise a conductive structure that comprises a length in the range of 2mm to 50mm with a width of around 0.5 mm, and the width of the gap may be 1/5 to 1/2 the width of the bendable flexible conductive part, providing a gap of these dimensions in the bendable flexible conductive part can create a more flexible conductive part which can more readily be bent into shaped having a smaller radii of curvature and prevent pinching of tissue which can result from other tightly wound flexible conductive configurations ([Col. 5, lines 50-64] & [Col. 8, lines 45-54]). 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 one or more consecutive metal members of the bendable flexible conductive part, as disclosed by Rydell, to include the metal member containing the gap, the gap between the one or more consecutive metal members being formed such that the surface of the sheath is partially exposed, as further taught by Fleischman, as such a modification would produce the predictable result of providing a helically wound bendable flexible conductive part and further would create a more flexible conductive part which can more readily be bent into shaped having a smaller radii of curvature and prevent pinching of tissue which can result from other tightly wound flexible conductive configurations.
Claims 1 & 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Woloszko in view of Pearson et al. (US 5769858 A), hereinafter “Pearson”.
Regarding claim 1, Woloszko discloses a treatment apparatus for an endoscope ([0013]), comprising: a first electrode, the first electrode including an electrical treatment part and an operating wire ([0247], & [0249]; Figures 48A-48B—elements 911 & 912; with the electrical treatment part being the active electrode head 911 and the operating wire being the filament 912); a sheath ([0249]; Figure 48B—element 914), a surface of the sheath being provided with a bendable flexible conductive part, the bendable flexible conductive part being in the form of a tube ([0238], [0247], [0249], [0250], & [0284]; Figures 48A-48B & 59A-59B—element 918; the return electrode 918 is shown to be flexible and bendable in figures 59A-59B), and the sheath bending along with the bendable flexible conductive part ([0249]; Figure 48B—elements 911, 912, & 914); wherein the operating wire is threaded into the sheath ([0247], & [0249]; Figures 48A-48B—elements 912 & 914) and the electrical treatment part extends out from a front end of the sheath ([0247], & [0249]; Figures 48A-48B—elements 911 & 914), and current flows through the first electrode to the bendable flexible conductive part ([0260]).
Woloszko does not disclose the bendable flexible conductive part having a gap formed in the bendable flexible conductive part to facilitate a bend of the bendable flexible conductive part, the surface of the sheath being communicated with an external air of the bendable flexible conductive part through the gap.
Pearson teaches a treatment apparatus comprising a sheath ([Col. 7, lines 25-35]; Figures 9 & 10—element 40), and a surface of the sheath being provided with a bendable flexible part ([Col. 7, lines 25-35]; Figures 9 & 10—element 42); the bendable flexible part having a gap formed in the bendable flexible part to facilitate a bend of the bendable flexible part, the surface of the sheath being communicated with an external air of the bendable flexible part through the gap ([Col. 7, lines 35-42], [Col. 8, lines 53-65], & [Col. 9, lines 25-37]; Figures 9 & 10—element 49).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the bendable flexible conductive part, as disclosed by Woloszko, to include the bendable flexible part having a gap formed in the bendable flexible part to facilitate a bend of the bendable flexible part, the surface of the sheath being communicated with an external air of the bendable flexible part through the gap, as taught by Pearson, as both references and the claimed invention are directed toward electrosurgical devices comprising bendable flexible parts. As disclosed by Woloszko, the distal region of the bendable flexible conductive part may be steerable upon application of a force to a pull wire such that is can adopt a non-linear configuration to allow the distal end to be guided to a specific target site ([0249], [0284], & [0285]). As disclosed by Pearson, the bendable flexible part may comprise an aperture/gap that permits the bendable flexible part be steerable upon application of a force to a pull wire ([Col. 9, lines 49-60] & [Col. 13, lines 33-35]). 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 bendable flexible conductive part, as disclosed by Woloszko, to include the bendable flexible part having a gap formed in the bendable flexible part to facilitate a bend of the bendable flexible part, the surface of the sheath being communicated with an external air of the bendable flexible part through the gap, as taught by Pearson, as such a modification would provide for a known and suitable configuration for a bendable flexible part that produces the predictable result of providing a bendable flexible part that is steerable upon application of a force to a pull wire so as to guide the distal end of the device to a specific target site.
Regarding claim 6, Woloszko in view of Pearson disclose all of the limitations of claim 1, as described above.
Woloszko further discloses wherein the bendable flexible conductive part includes a metal member ([0247]; Figure 48B—element 918).
Woloszko does not disclose the metal member containing the gap, a width of the gap along an axial direction of the sheath being greater than or equal to a wall thickness of the metal member.
Pearson further teaches the bendable flexible conductive part including a member, the member containing the gap, a width of the gap along an axial direction of the sheath being greater than or equal to a wall thickness of the member ([Col. 8, lines 35-53], & [Col. 9, lines 18-60]; Figure 9—element C).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the metal member of the bendable flexible conductive part, as disclosed by Woloszko, to include the metal member containing the gap, a width of the gap along an axial direction of the sheath being greater than or equal to a wall thickness of the metal member, as further taught by Pearson, as both references and the claimed invention are directed toward electrosurgical devices comprising bendable flexible parts. As disclosed by Woloszko, the distal region of the bendable flexible conductive part/ metal member may be steerable upon application of a force to a pull wire such that is can adopt a non-linear configuration to allow the distal end to be guided to a specific target site ([0249], [0284], & [0285]). As disclosed by Pearson, the member of the bendable flexible part may comprise an aperture/gap that permits the bendable flexible part be steerable upon application of a force to a pull wire, the width of the gap may be between 1 to 3 times of the diameter of the member of the flexible conductive part ([Col. 8, lines 35-53], [Col. 9, lines 18-25], [Col. 9, lines 49-60], & [Col. 13, lines 33-35]). 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 metal member of the bendable flexible conductive part, as disclosed by Woloszko, to include the metal member containing the gap, a width of the gap along an axial direction of the sheath being greater than or equal to a wall thickness of the metal member, as further taught by Pearson, as such a modification would provide for a known and suitable configuration for a bendable flexible part that produces the predictable result of providing a bendable flexible part that is steerable upon application of a force to a pull wire so as to guide the distal end of the device to a specific target site.
Regarding claims 7-8, Woloszko in view of Pearson disclose all of the limitations of claim 1, as described above.
Woloszko further discloses wherein the bendable flexible conductive part includes a bent section and a straight section, the straight section being electrically connected to the bent section ([0249] & [0284]; Figure 59A & 59B—element 918; with the bent section being the bent distal region of the bendable flexible conductive part 918 and the straight section being the distal tip of the bendable flexible conductive part 918) (claim 7).
Woloszko does not disclose a length of the straight section being less than or equal to six times a diameter of the straight section (claim 7); wherein the bendable flexible conductive part includes two straight sections, the two straight sections including the straight section and a second straight section, the bent section being connected between the two straight sections, a length of the bent section being greater than or equal to two times the diameter of the bent section (claim 8).
Pearson further teaches wherein the bendable flexible part includes a bent section (Figures 9 & 10—element 49) and a straight section (Figures 9 & 10—element E), a length of the straight section being less than or equal to six times a diameter of the straight section ([Col. 8, line 35 – Col. 9, line 6]; Figure 9—elements “A” & “E”) (claim 7); wherein the bendable flexible part includes two straight sections, the two straight sections including the straight section and a second straight section, the bent section being connected between the two straight sections ([Col. 7, line 35-42] & [Col. 8, line 35 – Col. 9, line 6]; Figure 9—elements 42, 49, & “E”; the examiner is considering the straight section to be the distal straight region “E” of the bendable flexible part 42, the bent section to be the bent section including aperture 49, and the second straight region to be the portion of the bendable flexible part 42 extending proximally of aperture), a length of the bent section being greater than or equal to two times the diameter of the bent section ([Col. 8, lines 35-52] & [Col. 9, lines 18-25]; Figure 9—elements “A” & “C”; the length of the bent section is about 1 to 3 times the diameter of the diameter “A”) (claim 8).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the bendable flexible conductive part including a bent section and a straight section, as disclosed by Woloszko, to include a length of the straight section being less than or equal to six times a diameter of the straight section and wherein the bendable flexible conductive part includes two straight sections, the two straight sections including the straight section and a second straight section, the bent section being connected between the two straight sections, a length of the bent section being greater than or equal to two times the diameter of the bent section, as further taught by Pearson, as both references and the claimed invention are directed toward electrosurgical devices comprising bendable flexible parts. As disclosed by Woloszko, the distal region of the bendable flexible conductive part/ metal member may be steerable upon application of a force to a pull wire such that is can adopt a non-linear configuration to allow the distal end to be guided to a specific target site ([0249], [0284], & [0285]). As disclosed by Pearson, the member of the bendable flexible part may comprise an aperture/gap that permits the bendable flexible part be steerable upon application of a force to a pull wire, the bent portion may be disposed in the distal region of the bendable flexible part but spaced from the distal tip of the bendable flexible part ([Col. 8, lines 35-53], [Col. 9, lines 18-25], [Col. 9, lines 49-60], & [Col. 13, lines 33-35]). 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 bendable flexible conductive part including a bent section and a straight section, as disclosed by Woloszko, to include a length of the straight section being less than or equal to six times a diameter of the straight section and wherein the bendable flexible conductive part includes two straight sections, the two straight sections including the straight section and a second straight section, the bent section being connected between the two straight sections, a length of the bent section being greater than or equal to two times the diameter of the bent section, as further taught by Pearson, as such a modification would provide for a known and suitable configuration for a bendable flexible part that produces the predictable result of providing a bendable flexible part that is steerable upon application of a force to a pull wire so as to guide the distal end of the device to a specific target site.
Regarding claim 9, Woloszko in view of Pearson disclose all of the limitations of claim 1, as described above.
Woloszko further discloses wherein the front end of the sheath extends out from a front end of the bendable flexible conductive part ([0249]; Figure 48B—element 914 & 918).
Regarding claim 10, Woloszko in view of Pearson disclose all of the limitations of claim 9, as described above.
Woloszko further discloses wherein a first distance between the front end of the bendable flexible conductive part and the front end of the sheath is in a range from 0.5 mm to 1.5 mm ([0144]; the return electrode is spaced slightly proximal to tissue treatment surface, typically about 0.5 mm to 10 mm proximal to surface).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Rydell in view of Fleischman and Feer et al. (US 20120323089 A1), hereinafter “Feer”.
Regarding claim 18, Rydell in view of Fleischman disclose all of the limitations of claim 1, as described above.
Rydell further discloses wherein the sheath is provided with a return conductor, the return conductor passing through the sheath and being electrically connected to the bendable flexible conductive part; the sheath is provided with an opening through which the return conductor passes ([Col. 3, lines 48-64] & [Col. 5, lines 10-20]; Figure 1—element 24).
Rydell does not disclose the opening being provided with a metal restriction tube, and the bendable flexible conductive part being connected to the metal restriction tube.
Feer teaches a sheath comprising a conductive part ([0052]; Figures 6-8—elements 70 & 72), the sheath provided with a conductor electrically connected to the conductive part ([0052]; Figure 7 & 10—element 82) the sheath is provided with an opening through which the return conductor passes ([0052] & [0054]; Figures 7 & 8—elements 84 & 120) the opening being provided with a metal restriction tube, and the conductive part being connected to the metal restriction tube ([0058] & [0059]; Figure 10—element 140 & 72).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the electrical connection between the return conductor and the bendable flexible conductive part and the opening, as disclosed by Rydell, to include the opening being provided with a metal restriction tube, and the bendable flexible conductive part being connected to the metal restriction tube, as taught by Feer, as both references and the claimed invention are directed toward surgical devices comprising electrodes. As disclosed by Rydell, the bendable flexible conductive part is electrically connected to a return conductor ([Col. 3, lines 48-64] & [Col. 5, lines 10-20]). As disclosed by Feer, the sheath opening may be provided with a conductive material portion that is electrically connected to the conductor and electrode, the electrically conductive material portion assists in retaining the position of the conductor in the opening of the sheath ([0058] & [0059]). 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 electrical connection between the return conductor and the bendable flexible conductive part and the opening, as disclosed by Rydell, to include the opening being provided with a metal restriction tube, and the bendable flexible conductive part being connected to the metal restriction tube, as taught by Feer, as such a modification would provide for a suitable and known electrical connection between the bendable flexible conductive part and the return conductor and further would provide for an electrical connection that aids in retaining the position of the return conductor within the opening of the sheath.
Allowable Subject Matter
Claims 11-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Accordingly, claims 1-10 & 18-20 are rejected; claims 11-17 are objected to as being dependent upon a rejected base claim.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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.
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/M.D.T./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794