DETAILED ACTION
Claims 2, 14, and 19 are currently amended. A complete action on the merits of pending claims 2-21 appears below.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claims 2-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Palmer US 20130345704.
Regarding claim 2, Palmer teaches a tubular member extending along a longitudinal axis from a proximal end to a distal end (Fig. 4 10), a top side of the tubular member including an open window disposed at the distal end (Fig. 7 40); a first electrode disposed at the distal end of the tubular member and surrounding the open window of the tubular member (Fig. 7 cutting blade of 10) or its neighboring region; an insulation zone surrounding the first electrode (Fig. 9 60); and a second electrode surrounding the insulation zone (Fig. 8 electrodes 70 and 80), the second electrode including an expanded head portion on a bottom side of the tubular member (Fig. 8 distal end of 70 and 80), wherein the first electrode is defined by an exposed conductive portion of the tubular member (par. [0059] blade 10 adjacent window 40), and wherein the second electrode comprises a conductive layer disposed over a dielectric layer on the tubular member such that the second electrode is disposed on a different layer than the first electrode (Fig. 7 electrodes 70/80 on top of 60).
Regarding claim 3, Palmer teaches wherein the second electrode further includes a runner that extends proximally on an outer surface of the tubular member (Fig. 10 proximal ends of 70 and 80).
Regarding claim 4, Palmer teaches wherein the runner extends toward the proximal end of the tubular member in a direction substantially parallel to the longitudinal axis (Fig. 10).
Regarding claim 5, Palmer teaches wherein the head portion bifurcates from the runner at a location proximal to the open window (Fig. 8 bifurcation of 70 and 80 and pars. [0047] and [0048] 70 and 80 can split along its length with 65 running between the two the entire way or formed of a single steel tube like 10 and split at the distal end with 65 running along it partially at the distal end).
Regarding claim 6, Palmer teaches wherein the open window of the tubular member is substantially symmetrical along the longitudinal axis of the tubular member (Fig. 10 vertical line along longitudinal axis, about where 65 is, symmetrical left and right).
Regarding claim 7, Palmer teaches wherein the first electrode is substantially symmetrical along the longitudinal axis of the tubular member (Fig. 10 vertical line along longitudinal axis, about where 65 is, symmetrical left and right).
Regarding claim 8, Palmer teaches wherein the second electrode is substantially symmetrical along the longitudinal axis of the tubular member (Fig. 10 vertical line along longitudinal axis, about where 65 is, symmetrical left and right).
Regarding claim 9, Palmer teaches wherein the insulation zone is substantially symmetrical along the longitudinal axis of the tubular member (Fig. 9 line along longitudinal axis, about where 65 is, symmetrical left and right).
Regarding claim 10, Palmer teaches further comprising an inner tubular member configured to be received within the tubular member (Fig. 4 9).
Regarding claim 11, Palmer teaches wherein the inner tubular member has an open distal end (Fig. 4 30).
Regarding claim 12, Palmer teaches wherein the open distal end of the inner tubular member and the open window of the tubular member are configured to form a cutting tool during an operation of the medical device (par. [0038]).
Regarding claim 13, Palmer teaches wherein the inner tubular member has a distal end and an open window disposed at the distal end (Fig. 4 30).
Regarding claim 14, Palmer teaches a tubular member extending along a longitudinal axis from an open proximal end to a closed distal end (Fig. 4 10), the tubular member including an open window disposed at the distal end (Fig. 4 40); a first electrode surrounding the open window of the tubular member (Fig. 4 blade of 10) or its neighboring region; an insulation zone surrounding the first electrode (Fig. 9 60); and a second electrode surrounding the insulation zone (Fig. 8 70 and 80), the second electrode including an expanded conductive area on a side of the tubular member opposite to the open window (Fig. 8), wherein the first electrode is defined by an exposed conductive portion of the tubular member (par. [0059] blade 10 adjacent window 40), and wherein the second electrode comprises a conductive layer disposed over a dielectric layer on the tubular member such that the second electrode is disposed on a different layer than the first electrode (Fig. 7 electrodes 70/80 on top of 60).
Regarding claim 15, Palmer teaches wherein the second electrode is disposed on a dielectric layer (Fig. 8 90).
Regarding claim 16, Palmer teaches wherein both the first electrode and the second electrode are substantially symmetrical along the longitudinal axis of the tubular member (Fig. 10 vertical line along longitudinal axis, about where 65 is, symmetrical left and right).
Regarding claim 17, Palmer teaches wherein both the first electrode and the second electrode are asymmetrical along the longitudinal axis of the tubular member (Fig. 9 horizontal line from left to right along the longitudinal axis, cutout of 70/80 to accommodate window makes it not symmetrical along this line).
Regarding claim 18, Palmer teaches further comprising an inner tubular member configured to be received within the tubular member (Fig. 4 9).
Regarding claim 19, Palmer teaches an outer tubular member extending along a longitudinal axis from a proximal end to a distal end (Fig. 4 10), the outer tubular member including an open window disposed at the distal end (Fig. 4 40); an inner tubular member configured to be received within the outer tubular member (Fig. 4 9); a first electrode disposed at the distal end of the outer tubular member and surrounding the open window of the outer tubular member (Fig. 4 blade of 10) or its neighboring region; an insulation zone surrounding the first electrode (Fig. 9 60); and a second electrode surrounding the insulation zone (Fig. 9 70 and 80); wherein the second electrode surrounds the insulation zone by connecting bifurcated segments of the second electrode at a location proximal to the open window (Fig. 8 bifurcation of 70 and 80 and pars. [0047] and [0048] 70 and 80 can split along its length with 65 running between the two the entire way or formed of a single steel tube like 10 and split at the distal end with 65 running along it partially at the distal end), wherein the first electrode is defined by an exposed conductive portion of the tubular member (par. [0059] blade 10 adjacent window 40), and wherein the second electrode comprises a conductive layer disposed over a dielectric layer on the tubular member such that the second electrode is disposed on a different layer than the first electrode (Fig. 7 electrodes 70/80 on top of 60).
Regarding claim 20, Palmer teaches wherein the second electrode is disposed on a dielectric layer (Fig. 8 90).
Regarding claim 21, Palmer teaches wherein the second electrode includes an expanded conductive area (Fig. 8 exposed area of 70 and 80).
Response to Arguments
Applicant's arguments filed 3/27/26 have been fully considered but they are not persuasive. The applicant argues that Palmer does not teach blade 10 as a bipolar electrode in communication with electrodes 70 and 80. To begin, the claims do not require the first and second electrode to be in a bipolar configuration. Even though the examiner need not address this since it is not in the claims, par. [0059] states the blade 10 can be the active electrode while one or both of 70/80 can be used as the return electrode, thus a bipolar configuration. The claim is broad enough that par. [0043] which states the blade 10 is electrically conductive would make it the first electrode and Fig. 7 showing electrodes 70/80 are on top of 60 shows the second electrode is on a different layer. The other arguments regarding how 70 and 80 could not be the first and second electrode are moot since 10 is the first electrode and one or both of 70/80 are the second electrode. Therefore, the arguments presented by the applicant are not persuasive.
Conclusion
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.
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/R.T.C./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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