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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 31st, 2026, has been entered.
Response to Amendment
The amendment filed May 31st, 2026, has been entered. Claims 1, 7, 9-10, & 17 have been amended. Claims 19-20 are canceled. Claims 1-18 remain pending.
Response to Arguments
Applicant’s arguments with respect to claims 2-5 & 18 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 amendments. Specifically, the examiner notes that the 35 U.S.C. 103 rejection of claims 1-5 over Rydell in view of Fleischman and the 35 U.S.C. 103 rejection of claim 18 over Rydell in view of Fleischman and Feer, is withdrawn, in view of the claim amendments, however a new rejection is made over 35 U.S.C. 103.
Applicant’s arguments with respect to the 35 U.S.C. 103 rejection of claims 1 & 6-10 regarding the 35 U.S.C. 103 rejection over Woloszko in view of Pearson are not found to be persuasive. Applicant argues that the bendable flexible conductive part is a “return electrode” disposed on the sheath for current return, and that the Pearson reference teaches a tubular member 42 that is not electrically conductive and cannot conduct electricity, and therefore the Pearson reference 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”; in response to applicant's argument, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). The examiner is relying on the Woloszko to disclose: a 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 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), and current flows through the first electrode to the bendable flexible conductive part ([0260]); the Woloszko reference further discloses that 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]) and that the bendable flexible conductive part may be formed of a stainless steel ([0249]). The Pearson reference is used to provide a teaching that it is known for a bendable flexible conductive part 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, and the gap disposed at the bent section ([Col. 7, lines 35-42], [Col. 8, lines 53-65], & [Col. 9, lines 25-37]; Figures 9 & 10—elements 42 & 49); the Pearson reference further discloses that aperture/gap permits the bendable flexible part to be steerable upon application of a force to a pull wire ([Col. 9, lines 49-60] & [Col. 13, lines 33-35]) and that the bendable flexible conductive part 42 is made from stainless steel ([Col. 8, lines 37-40]). The examiner is not relying on the Pearson reference to provide a teaching for a “return electrode”, as the Woloszko reference already discloses the bendable flexible conductive part being the return electrode, the examiner is only relying on the Pearson reference to teach a known for a stainless steel bendable flexible medical tube to include a gap at the bent section so as to produce 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 ([Col. 9, lines 49-60] & [Col. 13, lines 33-35]). However, the examiner notes that in light of the claim amendments and the changed scope of independent claim 1, a new interpretation of the 35 U.S.C 103 rejection over Woloszko in view of Pearson is made.
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 Woloszko et al. (previously presented-US 20030212395 A1), hereinafter “Woloszko”, in view of Fleischman et al. (previously presented-US 6030382 A), hereinafter “Fleischman”.
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 distalmost end face of the sheath ([0247], & [0249]; Figures 48A-48B—elements 911 & 914), current flows through the first electrode to the bendable flexible conductive part ([0260]), the bendable flexible conductive part includes a bent section and a straight section, the straight section is 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).
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, and the gap is disposed on the bent section.
Fleischman teaches a treatment apparatus comprising a sheath and a surface of the sheath being provided with a bendable flexible conductive part comprising a bent section ([Col. 5, lines 50-64] & [Col. 10, line 52 – Col. 11, line 7]; Figures 2 & 13—elements 42, 44, & 62; the examiner is considering the bent section to be the interior zone 62 that comprises larger spacings D between coil windings), 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, and the gap is disposed on the bent section ([Col. 5, lines 50-64] & [Col. 10, line 52 – Col. 11, line 7]; Figures 2 & 13—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 Woloszko, 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, and the gap is disposed on the bent section, as taught by Fleischman, as both references and the claimed invention are directed toward electrosurgical devices comprising flexible conductors. As disclosed by Woloszko, the bendable flexible conductive part may be steerable such that it 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 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 shapes having a smaller radii of curvature and prevent pinching of tissue which can result from other 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 Woloszko, 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, and the gap is disposed on the bent section, as taught by Fleischman, as such a modification would produce the predictable result of providing a bendable flexible conductive part that is configured to curve and further would create a more flexible conductive part which can more readily be bent into shapes having a smaller radii of curvature and prevent pinching of tissue which can result from other flexible conductive configurations.
Regarding claim 2-4, Woloszko in view of Fleischman disclose all of the limitations of claim 1, as described above.
Woloszko further discloses wherein the bendable flexible conductive part includes a metal member ([0249]) (claim 2).
Woloszko does not disclose the metal member including one or more consecutive metal members, 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 member, the metal member including one or more consecutive metal members ([Col. 5, lines 50-64] & [Col. 10, line 52 – Col. 11, line 7]; Figures 2 & 13—element 44; the one or more consecutive metal members being the winding of the coiled electrode 44), 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] & [Col. 10, line 52 – Col. 11, line 7]; Figure 13—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 ([Col. 5, lines 50-64] & [Col. 10, line 52 – Col. 11, line 7]; Figure 13—element D) (claim 3); wherein a pitch of the spirally provided slit is 0.1 to 2 mm ([Col. 5, lines 50-64], [Col. 7, lines 35-42], [Col. 8, line 64 – Col. 9, line 6], & [Col. 10, line 52 – Col. 11, line 7]; the 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) (claim 4).
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 of the bendable flexible conductive part including one or more consecutive metal members, 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 taught by Fleischman, as both references and the claimed invention are directed toward electrosurgical devices comprising flexible conductors. As disclosed by Woloszko, the bendable flexible conductive part may be steerable such that it 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 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 that increases the flexibility of the electrode, the spaced apart winding can create a more flexible conductive part which can more readily be bent into shapes having a smaller radii of curvature and prevent pinching of tissue which can result from other flexible conductive configurations ([Col. 1, line 65 – Col. 2, line 5] & [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 metal member of the bendable flexible conductive part, as disclosed by Woloszko, to include the metal member of the bendable flexible conductive part including one or more consecutive metal members, 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 taught by Fleischman, as such a modification would produce the predictable result of providing a bendable flexible conductive part that is configured to curve and further would create a more flexible conductive part which can more readily be bent into shapes having a smaller radii of curvature and prevent pinching of tissue which can result from other flexible conductive configurations.
Regarding claim 5, Woloszko in view of Fleischman disclose all of the limitations of claim 1, as described above.
Woloszko 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], & [Col. 10, line 52 – Col. 11, line 7]; Figure 13—elements “D” & 44; Figure 13 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 Woloszko, 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 Woloszko, the bendable flexible conductive part may be steerable such that it 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 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 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 Woloszko, 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 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 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. (previously presented-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 distalmost end face of the sheath ([0247], & [0249]; Figures 48A-48B—elements 911 & 914), current flows through the first electrode to the bendable flexible conductive part ([0260]), the bendable flexible conductive part includes a bent section and a straight section, the straight section is 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).
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, and the gap is disposed on the bent section.
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 conductive part ([Col. 7, lines 25-35]; Figures 9 & 10—element 42), the bendable flexible conductive part includes a bent section (Figures 9 & 10—element 49) and a straight section (Figures 9 & 10—element E); the bendable flexible conductive part having a gap formed in the bendable conductive flexible 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, and the gap is disposed on the bent section ([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 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, and the gap is disposed on the bent section, as taught by Pearson, as both references and the claimed invention are directed toward electrosurgical devices comprising bendable flexible conductive parts. As disclosed by Woloszko, the bendable flexible conductive part may be made from stainless steel, and the distal region of the bendable flexible conductive part may be steerable upon application of a force to a pull wire such that it 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 conductive part may be made from stainless steel and may comprise an aperture/gap that permits the bendable flexible conductive part to be steerable upon application of a force to a pull wire ([Col. 8, lines 35-52], [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 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, and the gap is disposed on the bent section, as taught by Pearson, as such a modification would provide for a known and suitable configuration for a stainless steel tubular bendable flexible conductive part that produces the predictable result of providing a bendable flexible conductive 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 it 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 does not disclose wherein a length of the straight section is 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 a length of the straight section is 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 the bent section and the 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 it 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 the bent section and the 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 stainless steel 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 distalmost end face 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 distalmost end face 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 Woloszko in view of Fleischman and Feer et al. (previously presented-US 20120323089 A1), hereinafter “Feer”.
Regarding claim 18, Woloszko in view of Fleischman disclose all of the limitations of claim 1, as described above.
Woloszko further discloses a return conductor ([0144]; the return electrode is coupled to a connector that extends to the proximal end).
Woloszko does not disclose wherein the sheath is provided with the 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, 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 and a return conductor ([0052]; Figures 6-8—elements 70, 72, & 82), wherein the sheath is provided with the return conductor, the return conductor passing through the sheath and being electrically connected to the bendable flexible 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 bendable flexible conductive part and return conductor, as disclosed by Woloszko, to include wherein the sheath is provided with the return conductor, the return conductor passing through the sheath and being electrically connected to the conductive part; the sheath is provided with an opening through which the return conductor passes, the opening being provided with a metal restriction tube, and the 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 Woloszko, the bendable flexible conductive part is connected to a connector that extends to the proximal end where it is then connected to the power supply ([0144]). As disclosed by Feer, the sheath may comprise an electrical lumen that contain conductors for electrically connecting electrodes to power sources, openings in the sheath 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 ([0052], [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 bendable flexible conductive part and return conductor, as disclosed by Woloszko, to include wherein the sheath is provided with the return conductor, the return conductor passing through the sheath and being electrically connected to the conductive part; the sheath is provided with an opening through which the return conductor passes, the opening being provided with a metal restriction tube, and the 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 conductive part, the return conductor, and a power source, and further would provide for an electrical connection that aids in retaining the position of the return conductor.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Woloszko in view of Pearson and Feer.
Regarding claim 18, Woloszko in view of Pearson disclose all of the limitations of claim 1, as described above.
Woloszko further discloses a return conductor ([0144]; the return electrode is coupled to a connector that extends to the proximal end).
Woloszko does not disclose wherein the sheath is provided with the 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, 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 and a return conductor ([0052]; Figures 6-8—elements 70, 72, & 82), wherein the sheath is provided with the return conductor, the return conductor passing through the sheath and being electrically connected to the bendable flexible 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 bendable flexible conductive part and return conductor, as disclosed by Woloszko, to include wherein the sheath is provided with the return conductor, the return conductor passing through the sheath and being electrically connected to the conductive part; the sheath is provided with an opening through which the return conductor passes, the opening being provided with a metal restriction tube, and the 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 Woloszko, the bendable flexible conductive part is connected to a connector that extends to the proximal end where it is then connected to the power supply ([0144]). As disclosed by Feer, the sheath may comprise an electrical lumen that contain conductors for electrically connecting electrodes to power sources, openings in the sheath 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 ([0052], [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 bendable flexible conductive part and return conductor, as disclosed by Woloszko, to include wherein the sheath is provided with the return conductor, the return conductor passing through the sheath and being electrically connected to the conductive part; the sheath is provided with an opening through which the return conductor passes, the opening being provided with a metal restriction tube, and the 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 conductive part, the return conductor, and a power source, and further would provide for an electrical connection that aids in retaining the position of the return conductor.
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; as previously indicated.
Conclusion
Accordingly, claims 1-10 & 18 are rejected; claims 11-17 are objected to as being dependent upon a rejected base claim.
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/M.D.T./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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