DETAILED ACTION
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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).
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).
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).
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).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN T. CLARK whose telephone number is (408)918-7606. The examiner can normally be reached on Monday-Friday 7AM-3PM MT.
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/R.T.C./Examiner, Art Unit 3794
/LINDA C DVORAK/Primary Examiner, Art Unit 3794