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 25th, 2025 has been entered. Claims 1, 5, 7, 12-15, 17, & 20 are amended. Claims 3-4, & 6 are canceled. Claim 21 is new. Claims 1-2, 5, & 7-21 remain pending.
Response to Arguments
Applicant's arguments filed November 25th, 2025 have been fully considered but they are not persuasive. Applicant argues that, as amended to include “a first electrode plane parallel to the longitudinal plane, the first group of electrodes extending from the first face to the first electrode plane”, independent claim 1, 17, & 20 overcome the previous rejection. Applicant argues that there is no disclosure in the Conn reference of the electrodes extending to an electrode plane that is parallel to the longitudinal plane, as recited in the amended claims, and instead all of the electrodes in Conn are shown as having uniform heights from the carrier which is itself slightly tapered, thus the electrodes in Conn do not extend to an electrode plane that is parallel to the longitudinal plane. The examiner respectfully disagrees, Conn teaches a carrier/substrate 20 that comprises a central longitudinal axis AA, wherein the carrier 20 surfaces 24/26 located near the proximal end 2 of the carrier 20 are disposed at an offset distance from the longitudinal axis AA that is greater than carrier 20 surfaces 24/26 located near located near the distal end 3 of the carrier, such that the carrier is “tapered down” from the proximal end 2 to the distal end 3 ([0040] & [0041]); Conn further discloses that the carrier 20 comprises electrode 10 on the surface thereof that are positioned and spaced about the longitudinal axis AA, where the electrodes 10 have corresponding contact surfaces 12 for contacting tissue (e.g. outer surfaces) ([0037] & [0042]), and in paragraph [0043] Conn discloses “the distance of contact surfaces 12 of electrodes 10 from longitudinal axis AA (e.g. the radial location thereof) may be selectively established along the length of the neurostimulation electrode 1 so as to increase from the proximal end 2 to the distal end 3, or so as to increase, decrease and/or be equal from electrode-to-electrode”, as the distances of contact surfaces 12 of electrodes 10 from longitudinal axis AA are equal from electrode-to-electrode it is the examiner position that the electrodes 10 would extend to an electrode plane that is parallel to the longitudinal plane and the electrodes 10 would not be of uniform heights from the tapered carrier 20 if the distance of contact surfaces 12 of electrodes 10 from longitudinal axis AA is “equal from electrode-to-electrode” (e.g. the electrode contact surface 12 distance from the carrier 20 surface is not equal from electrode-to-electrode rather the electrode contact surface 12 distance from the longitudinal axis AA is equal from electrode-to-electrode), more specifically the electrodes would each have to have an individual height from the tapered carrier 20 in order to have a distance of contact surfaces 12 of electrodes 10 from longitudinal axis AA be “equal from electrode-to-electrode” (e.g. a first electrode 10 disposed on the thicker proximal portion 2 would have a shorter height relative to the carrier body 20 (but not the longitudinal axis AA) than a second electrode 10 disposed on the thinner distal portion 3, as the electrode distances from the longitudinal axis AA are equal but not from the carrier body surface itself); to better explain the examiner has included an image below as an example of elements on a tapered surface that extend an “equal” distance from a longitudinal axis; therefore Conn does teach the limitation “a first electrode plane parallel to the longitudinal plane, the first group of electrodes extending from the first face to the first electrode plane”.
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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.
Claim 1-2, 5, & 7-21 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (previously presented-US 20180193089 A1), hereinafter “Wu, in view of Conn et al. (previously presented-US 20130204340 A1), hereinafter “Conn”.
Regarding claim 1, Wu discloses an end effector for a catheter, the end effector comprising: a substrate extending along a longitudinal axis from a proximal portion of the end effector to a distal portion of the end effector ([0046] & [0051]; Figures 3A-3B—element 129; see figure below; with said longitudinal axis being the central axis of the substrate 129) and comprising: a longitudinal plane ([0051]; Figure 3A—element 129; with said longitudinal plane being the central plane of the substrate 129; see figure below), the longitudinal axis running through the longitudinal plane ([0051]; Figure 3A—element 129; see figure below); a first face disposed on a first side of the substrate and oblique to the longitudinal plane ([0051]; Figure 3A & 3B—element 129; see figure below; with said first face being the front side (as shown in figure 3A); as the front side/first face tapers from a proximal end to a distal end, the first face is oblique/non-parallel to the longitudinal plane) a second face, opposite the first face, disposed on a second side of the substrate ([0051]; Figure 3A & 3B—element 129; see figure below; with said second face being the back side (as hidden in figure 3A)); a first group of electrodes disposed on the first face; and a second group of electrodes disposed on the second face ([0043]; a plurality of PCB electrodes may be disposed on both the first side and the second side; the examiner is considering the first group of electrodes to be the electrodes that are disposed on the first side and the second group of electrodes to be the electrodes that are disposed on the second side).
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Wu does not disclose a first electrode plane parallel to the longitudinal plane, the first group of electrodes extending from the first face to the first electrode plane.
Conn teaches an end effector comprising a substrate defining a first face oblique to a longitudinal plane and a second face and comprising a first group of electrodes ([0037], [0038], & [0040]-[0041]; Figure 2—elements 10 & 20; the surfaces of the substrate 20 may be tapered from the proximal to distal end such that the distances of the surfaces to the longitudinal axis AA decrease from the proximal to distal end; the examiner is considering the first face to be a first side of the substrate 20), a first electrode plane parallel to the longitudinal plane, the first group of electrodes extending from the first face to the first electrode plane ([0042]-[0043]; Figure 2—elements 10/12; the distance from the contact surfaces/outer surfaces 12 of the electrodes 10 to the longitudinal plane may “be equal from electrode to electrode” along the tapered substrate 20 from the proximal end to the distal end; as the electrodes 10 are positioned on the tapered substrate 20 and the distance from the electrode outer surfaces 12 to the longitudinal axis AA may be “equal from electrode to electrode” (e.g. the electrodes would comprise variable heights/distances relative to the tapered substrate in order to have equal distances from the longitudinal axis AA), it is the examiner position that the electrodes would extend to the same first electrode plane that is parallel to the longitudinal plane).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the first group of the electrodes, as disclosed by Wu, to include a first electrode plane parallel to the longitudinal plane, the first group of electrodes extending from the first face to the first electrode plane, as taught by Conn, as both references and the claimed invention are directed toward electrode arrays for sensing and comprising tapering surfaces. As disclosed by Conn, the distance from the outer surface of the electrodes to the longitudinal plane may decrease along with the tapered substrate, or alternatively may increase or be equal electrode-to-electrode along the tapered substrate ([0038] & [0040]-[0043]). 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 first group of the electrodes, as disclosed by Wu, to include a first electrode plane parallel to the longitudinal plane, the first group of electrodes extending from the first face to the first electrode plane, as taught by Conn, as providing electrodes that extend to the same electrode plane is a known and suitable alternative to providing electrodes that taper in distance from the longitudinal plane along with the tapered substrate.
Regarding claim 2, Wu in view of Conn discloses all of the limitations of claim 1, as described above.
Wu further discloses the second face oblique to the longitudinal plane ([0051]; Figure 3A & 3B—element 129; see figure in above rejection of claim 1; as the back side/second face tapers from a proximal end to a distal end, the second face is oblique/non-parallel to the longitudinal plane).
Regarding claim 5, Wu in view of Conn discloses all of the limitations of claim 1, as described above.
Wu further discloses the second group of electrodes extending outwardly from the second face ([0043]; a plurality of PCB electrodes may be disposed on both the first side and the second side; the examiner is considering the second group of electrodes to be the electrodes that are disposed on the second side).
Wu does not disclose the second group of electrodes extending to a second electrode plane offset from the second face and parallel to the longitudinal plane.
Conn teaches an end effector comprising a substrate defining a first face oblique to a longitudinal plane and a second face and comprising a first group of electrodes and a second group of electrodes ([0037], [0038], & [0040]-[0041]; Figure 2—elements 10 & 20; the surfaces of the substrate 20 may be tapered from the proximal to distal end such that the distances of the surfaces to the longitudinal axis AA decrease from the proximal to distal end; the examiner is considering the second face to be a second side of the substrate 20), the second group of electrodes extending to a second electrode plane offset from the second face and parallel to the longitudinal plane ([0042]-[0043]; Figure 2—elements 10/12; the distance from the contact surfaces/outer surfaces 12 of the electrodes 10 to the longitudinal plane may “be equal from electrode to electrode” along the tapered substrate 20 from the proximal end to the distal end; as the electrodes 10 are positioned on the tapered substrate 20 and the distance from the electrode outer surfaces 12 to the longitudinal axis AA may be “equal from electrode to electrode” (e.g. the electrodes would comprise variable heights/distances relative to the tapered substrate in order to have equal distances from the longitudinal axis AA), it is the examiner position that the electrodes would extend to the same second electrode plane that is parallel to and offset from the longitudinal plane).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the second group of the electrodes, as disclosed by Wu, to include the second group of electrodes extending to a second electrode plane offset from the second face and parallel to the longitudinal plane, as taught by Conn, as both references and the claimed invention are directed toward electrode arrays for sensing and comprising tapering surfaces. As disclosed by Conn, the distance from the outer surface of the electrodes to the longitudinal plane may decrease along with the tapered substrate, or alternatively may increase or be equal electrode-to-electrode along the tapered substrate ([0038] & [0040]-[0043]). 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 second group of the electrodes, as disclosed by Wu, to include the second group of electrodes extending to a second electrode plane offset from the second face and parallel to the longitudinal plane, as taught by Conn, as providing electrodes that extend to the same electrode plane is a known and suitable alternative to providing electrodes that taper in distance from the longitudinal plane along with the tapered substrate.
Regarding claim 7, Wu in view of Conn disclose all of the limitations of claim 1, as described above.
Wu does not disclose the second group of electrodes each comprising an individual height from the second face to a second electrode plane offset from second face and parallel to the longitudinal plane.
Conn teaches an end effector comprising a substrate defining a first face oblique to a longitudinal plane and a second face and comprising a first group of electrodes and a second group of electrodes ([0037], [0038], & [0040]-[0041]; Figure 2—elements 10 & 20; the surfaces of the substrate 20 may be tapered from the proximal to distal end such that the distances of the surfaces to the longitudinal axis AA decrease from the proximal to distal end; the examiner is considering the second face to be a second side of the substrate 20), the second group of electrodes each comprising an individual height from the second face to a second electrode plane offset from second face and parallel to the longitudinal plane ([0042]-[0043]; Figure 2—elements 10/12; the distance from the contact surfaces/outer surfaces 12 of the electrodes 10 to the longitudinal plane may “be equal from electrode to electrode” along the tapered substrate 20 from the proximal end to the distal end; as the electrodes 10 are positioned on the tapered substrate 20 and the distance from the electrode outer surfaces 12 to the longitudinal axis AA may be “equal from electrode to electrode” (e.g. the electrodes would comprise variable heights/distances relative to the tapered substrate in order to have equal distances from the longitudinal axis AA), it is the examiner position that the electrodes would extend to the same second electrode plane that is parallel to and offset from the longitudinal plane and each comprise individual heights from the tapered second face to the second electrode plane).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the second group of the electrodes, as disclosed by Wu, to include the second group of electrodes each comprising an individual height from the second face to a second electrode plane offset from second face and parallel to the longitudinal plane, as taught by Conn, as both references and the claimed invention are directed toward electrode arrays for sensing and comprising tapering surfaces. As disclosed by Conn, the distance from the outer surface of the electrodes to the longitudinal plane may decrease along with the tapered substrate, or alternatively may increase or be equal electrode-to-electrode along the tapered substrate ([0038] & [0040]-[0043]). 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 second group of the electrodes, as disclosed by Wu, to include the second group of electrodes each comprising an individual height from the second face to a second electrode plane offset from second face and parallel to the longitudinal plane, as taught by Conn, as providing electrodes that extend to the same electrode plane is a known and suitable alternative to providing electrodes that taper in distance from the longitudinal plane along with the tapered substrate.
Regarding claim 8, Wu in view of Conn disclose all of the limitations of claim 7, as described above.
Wu further discloses the first group of electrodes being disposed on the first face such that a distal subset of the first group of electrodes is nearer the distal portion than a proximal subset of the first group of electrodes ([0038] & [0043]; Figures 3A & 3B—element 129; electrodes may be positioned on the first face; the electrodes may be skewed distally to facilitate analysis of the measured signals; the examiner is considering the distal subset to be the electrodes that are skewed more distally than a proximal subset). Wu does not disclose the distal subset of the first group of electrodes comprising approximately twice as many electrodes as the proximal subset of the first group of electrodes; however, it would have been obvious to one of ordinary skill in the art at the time the invention was made to include the distal subset of the first group of electrodes comprising approximately twice as many electrodes as the proximal subset of the first group of electrodes, as Wu discloses that the electrodes may be skewed distally to facilitate analysis of the measured signals ([0038]), and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F. 2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 9, Wu in view of Conn disclose all of the limitations of claim 8, as described above.
Wu further discloses the second group of electrodes being disposed on the second face such that a distal subset of the second group of electrodes is nearer the distal portion than a proximal subset of the second group of electrodes ([0038] & [0043]; Figures 3A & 3B—element 129; electrodes may be positioned on the second face; the electrodes may be skewed distally to facilitate analysis of the measured signals; the examiner is considering the distal subset to be the electrodes that are skewed more distally than a proximal subset). Wu does not disclose the distal subset of the second group of electrodes comprising approximately twice as many electrodes as the proximal subset of the second group of electrodes; however, it would have been obvious to one of ordinary skill in the art at the time the invention was made to include the distal subset of the second group of electrodes comprising approximately twice as many electrodes as the proximal subset of the second group of electrodes, as Wu discloses that the electrodes may be skewed distally to facilitate analysis of the measured signals ([0038]), and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F. 2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 10, Wu in view of Conn disclose all of the limitations of claim 9, as described above.
Wu further discloses at least a portion of the first group of electrodes being aligned with at least a portion of the second group of electrodes in a direction orthogonal to the longitudinal plane to form respective aligned pairs of first and second electrodes ([0038], [0043], & [0046]; the first group of electrodes may be positioned on the first face and the second group of electrodes may be positioned on the second face; the electrodes may be configured as bipolar electrodes; the electrodes may be evenly distributed and skewed distally; it is the examiner position that at least a portion of the first group of electrodes would be aligned with at least a portion of the second group of electrodes as the electrodes are evenly distributed and can be skewed in the same direction).
Regarding claim 11, Wu in view of Conn disclose all of the limitations of claim 10, as described above.
Wu further discloses a framework lying in the substrate and coplanar with the longitudinal plane ([0046] & [0051]; the substrate/wire assembly 129 may comprise the non-conductive covering and a flexible wire support within the non-conductive covering).
Regarding claims 12-13, Wu in view of Conn disclose all of the limitations of claim 5, as described above.
Conn further teaches the first electrode plane parallel to the longitudinal plane and separated therefrom by a first distance (claim 12) ([0042]-[0043]; Figure 2—elements 10/12 & “AA”; see above rejection of claim 1); the second electrode plane parallel to the longitudinal plane and separated therefrom by a second distance (claim 13) ([0042]-[0043]; Figure 2—elements 10/12 & “AA”; see above rejection of claims 1 & 5).
Regarding claims 14-16, Wu in view of Conn disclose all of the limitations of claim 5, as described above.
Conn further teaches a distal end of the first face is separated from the first electrode plane by a first distal distance, a proximal end of the first face is separated from the first electrode plane by a first proximal distance, and the first distal distance does not equal the first proximal distance (claim 14); a distal end of the second face is separated from the second electrode plane by a second distal distance, a proximal end of the second face is separated from the second electrode plane by a second proximal distance, and the second distal distance does not equal the second proximal distance (claim 15), wherein the first proximal distance is equal to the second proximal distance, and wherein the first distal distance is equal to the second distal distance (claim 16) ([0040]-[0043]; see above rejections of claim 1 & 5; the distance from the contact surfaces/outer surfaces 12 of the electrodes 10 to the longitudinal plane may “be equal from electrode to electrode” along the tapered substrate 20 from the proximal end to the distal end; as the electrodes 10 are positioned on the tapered substrate 20 and the distance from the electrode outer surfaces 12 to the longitudinal axis AA may be “equal from electrode to electrode” (e.g. the electrodes would comprise variable heights/distances relative to the tapered substrate in order to have equal distances from the longitudinal axis AA) it is the examiners position that the distance of the electrode planes, defined by the contact surfaces 12, from the faces between the proximal and distal end would be unequal as the faces are tapered between the proximal and distal end and the electrodes extend to the same plane).
Regarding claim 17, Wu discloses a nonplanar end effector for a mapping catheter, the nonplanar end effector comprising: a sloped substrate extending along a longitudinal plane extending along a longitudinal axis from a proximal end of the nonplanar end effector to a distal end of the nonplanar end effector, the sloped substrate thinning progressively in a direction orthogonal to the longitudinal plane ([0051]; Figures 3A-3B—element 129; see figure below; with said longitudinal axis being the central axis of the substrate 129 and said longitudinal plane being the central plane of the substrate 129; the substrate 129 tapers in thickness from a proximal end first thickness T1 to a distal end second thickness T2); a first plurality of electrodes disposed on a first face of the sloped substrate; and a second plurality of electrodes disposed on a second face of the sloped substrate ([0043]; a plurality of PCB electrodes may be disposed on both the first side and the second side; the examiner is considering the first group of electrodes to be the electrodes that are disposed on the first side and the second group of electrodes to be the electrodes that are disposed on the second side).
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Wu does not disclose an electrode plane parallel to the longitudinal plane, the first plurality of electrodes extending from the first face to the electrode plane
Conn teaches an end effector comprising a sloped substrate defining a first face and a second face and comprising a electrodes ([0037], [0038], & [0040]-[0041]; Figure 2—elements 10 & 20; the surfaces of the substrate 20 may be tapered from the proximal to distal end such that the distances of the surfaces to the longitudinal axis AA decrease from the proximal to distal end; the examiner is considering the first face to be a first side of the substrate 20), an electrode plane parallel to the longitudinal plane, the first plurality of electrodes extending from the first face to the electrode plane ([0042]-[0043]; Figure 2—elements 10/12; the distance from the contact surfaces/outer surfaces 12 of the electrodes 10 to the longitudinal plane may “be equal from electrode to electrode” along the tapered substrate 20 from the proximal end to the distal end; as the electrodes 10 are positioned on the tapered substrate 20 and the distance from the electrode outer surfaces 12 to the longitudinal axis AA may be “equal from electrode to electrode” (e.g. the electrodes would comprise variable heights/distances relative to the tapered substrate in order to have equal distances from the longitudinal axis AA), it is the examiner position that the electrodes would extend to the same first electrode plane that is parallel to the longitudinal plane).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the first group of the electrodes, as disclosed by Wu, to include an electrode plane parallel to the longitudinal plane, the first plurality of electrodes extending from the first face to the electrode plane, as taught by Conn, as both references and the claimed invention are directed toward electrode arrays for sensing and comprising tapering surfaces. As disclosed by Conn, the distance from the outer surface of the electrodes to the longitudinal plane may decrease along with the tapered substrate, or alternatively may increase or be equal electrode-to-electrode along the tapered substrate ([0038] & [0040]-[0043]). 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 first group of the electrodes, as disclosed by Wu, to include an electrode plane parallel to the longitudinal plane, the first plurality of electrodes extending from the first face to the electrode plane, as taught by Conn, as providing electrodes that extend to the same electrode plane is a known and suitable alternative to providing electrodes that taper in distance from the longitudinal plane along with the tapered substrate.
Regarding claim 18, Wu in view of Conn discloses all of the limitations of claim 17, as described above.
Wu further discloses the first plurality of electrodes comprising a respective plurality of first contact surfaces, the plurality of first contact surfaces being parallel to the first face ([0043], [0049], & [0051]; the examiner is considering the first contact surfaces to be the inner faces of the first plurality of electrodes contacting the substrate 129, as the substrate 129 supports the first plurality of electrodes on the first face/side; it is the examiners position that the electrode contact surfaces would be parallel to the first face (i.e. would be oblique to the longitudinal plane with the first face)).
Regarding claim 19, Wu in view of Conn discloses all of the limitations of claim 17, as described above.
Wu further discloses the first plurality of electrodes comprising a respective plurality of first contact surfaces ([0043], [0049], & [0051]; the examiner is considering the first contact surfaces to be the outer faces of the first plurality of electrodes).
Wu does not disclose the plurality of first contact surfaces being parallel to the longitudinal plane.
Conn teaches an end effector comprising a substrate defining a first face oblique to a longitudinal plane and a second face, a first group of electrodes and second group of electrodes disposed on the first face and second face and comprising contact surfaces, a first offset plane offset from the first face and parallel to the longitudinal plane, a second offset plane offset from second face and parallel to the longitudinal plane ([0038] & [0040]-[0041]; Figure 2—elements 10 & 20; see figure below; with said first face being the first side of substrate 20 and said second face being the second side of substrate 20; the substrate 20 may be tapered from the proximal end to the distal end, such that the outer surface of the carrier decreases in distance from the longitudinal plane from the proximal end to the distal end), the plurality of first contact surfaces being parallel to the longitudinal plane ([0042]-[0043]; Figure 2—elements 10; the distance from the contact surfaces/outer surfaces of the electrodes 10 to the longitudinal plane may correspondingly decrease with the tapered substrate 20 from the proximal end to the distal end, alternatively the distance from the contact surfaces/outer surfaces of the electrodes 10 to the longitudinal plane may increase or be equal from electrode to electrode along the tapered substrate 20 from the proximal end to the distal end).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the plurality of first contact surfaces, as disclosed by Wu, to include the plurality of first contact surfaces being parallel to the longitudinal plane, as taught by Conn, as both references and the claimed invention are directed toward electrode arrays for sensing and comprising tapering surfaces. As disclosed by Conn, the distance from the outer surface of the electrodes to the longitudinal plane may correspondingly decrease along the tapered substrate, or alternatively may increase or be equal electrode-to-electrode along the tapered substrate ([0038] & [0040]-[0043]). 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 plurality of first contact surfaces, as disclosed by Wu, to include the plurality of first contact surfaces being parallel to the longitudinal plane, as taught by Conn, as providing electrodes that extend to the same offset plane is a known and suitable alternative to providing electrodes that taper in distance from the longitudinal plane along the tapered substrate.
Regarding claim 20, Wu discloses a system for performing a medical procedure, the system comprising: an elongate shaft extending along a longitudinal axis from a proximal end to a distal end ([0038]; Figure 1—element 12; with said longitudinal axis being the central axis of shaft 12 and end effector 129); an end effector disposed on the distal end of the elongate shaft ([0051]; Figure 3A & 3B—element 129), the end effector comprising: a substrate extending along a longitudinal axis from a proximal portion of the end effector to a distal portion of the end effector ([0051]; Figure 3A—element 129) and comprising: a first face disposed on a first side of a longitudinal plane and oblique thereto ([0051]; Figure 3A & 3B—element 129; see figure below; with said first face being the front side (as shown in figure 3A); as the front side/first face tapers from a proximal end to a distal end, the first face is oblique/non-parallel to the longitudinal plane); a second face disposed on a second side of the longitudinal plane and oblique thereto ([0051]; Figure 3A & 3B—element 129; see figure below; with said second face being the back side (as hidden in figure 3A); as the back side/second face tapers from a proximal end to a distal end, the second face is oblique/non-parallel to the longitudinal plane); a first group of electrodes disposed on the first face; and a second group of electrodes disposed on the second face ([0043]; a plurality of PCB electrodes may be disposed on both the first side and the second side; the examiner is considering the first group of electrodes to be the electrodes that are disposed on the first side and the second group of electrodes to be the electrodes that are disposed on the second side).
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Wu does not disclose an electrode plane parallel to the longitudinal plane, the first group of electrodes extending from the first face to the electrode plane.
Conn teaches an end effector comprising a substrate defining a first face oblique to a longitudinal plane and a second face and comprising a electrodes ([0037], [0038], & [0040]-[0041]; Figure 2—elements 10 & 20; the surfaces of the substrate 20 may be tapered from the proximal to distal end such that the distances of the surfaces to the longitudinal axis AA decrease from the proximal to distal end; the examiner is considering the first face to be a first side of the substrate 20), an electrode plane parallel to the longitudinal plane, the first group of electrodes extending from the first face to the electrode plane ([0042]-[0043]; Figure 2—elements 10/12; the distance from the contact surfaces/outer surfaces 12 of the electrodes 10 to the longitudinal plane may “be equal from electrode to electrode” along the tapered substrate 20 from the proximal end to the distal end; as the electrodes 10 are positioned on the tapered substrate 20 and the distance from the electrode outer surfaces 12 to the longitudinal axis AA may be “equal from electrode to electrode” (e.g. the electrodes would comprise variable heights/distances relative to the tapered substrate in order to have equal distances from the longitudinal axis AA), it is the examiner position that the electrodes would extend to the same first electrode plane that is parallel to the longitudinal plane).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the first group of the electrodes, as disclosed by Wu, to include an electrode plane parallel to the longitudinal plane, the first group of electrodes extending from the first face to the electrode plane, as taught by Conn, as both references and the claimed invention are directed toward electrode arrays for sensing and comprising tapering surfaces. As disclosed by Conn, the distance from the outer surface of the electrodes to the longitudinal plane may decrease along with the tapered substrate, or alternatively may increase or be equal electrode-to-electrode along the tapered substrate ([0038] & [0040]-[0043]). 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 first group of the electrodes, as disclosed by Wu, to include an electrode plane parallel to the longitudinal plane, the first group of electrodes extending from the first face to the electrode plane, as taught by Conn, as providing electrodes that extend to the same electrode plane is a known and suitable alternative to providing electrodes that taper in distance from the longitudinal plane along with the tapered substrate.
Regarding claim 21, Wu in view of Conn disclose all of the limitations of claim 1, as described above.
Wu does not disclose the first electrode plane being offset from the first face and parallel to the longitudinal plane, the first group of electrodes extending outwardly from the first face to a first electrode plane, the first group of electrodes each comprising an individual height from the first face to the first electrode plane that increases from electrode to electrode in a direction from more proximal to more distal within the first group of electrodes relative to the longitudinal axis.
Conn further teaches the first electrode plane being offset from the first face and parallel to the longitudinal plane, the first group of electrodes extending outwardly from the first face to a first electrode plane, the first group of electrodes each comprising an individual height from the first face to the first electrode plane that increases from electrode to electrode in a direction from more proximal to more distal within the first group of electrodes relative to the longitudinal axis ([0042]-[0043]; Figure 2—elements 10/12 & “AA”; the distance from the contact surfaces/outer surfaces 12 of the electrodes 10 to the longitudinal plane may “be equal from electrode to electrode” along the tapered substrate 20 from the proximal end to the distal end; as the electrodes 10 are positioned on the tapered substrate 20 and the distance from the electrode outer surfaces 12 to the longitudinal axis AA may be “equal from electrode to electrode” (e.g. the electrodes would comprise variable heights/distances relative to the tapered substrate in order to have equal distances from the longitudinal axis AA), it is the examiner position that the electrodes would extend to the same second electrode plane that is parallel to and offset from the longitudinal plane and each comprise individual heights from the tapered second face to the second electrode plane (e.g. the electrodes would comprise heights that increase as the substrate tapers so as to comprise an equal distance from the longitudinal axis AA).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the first group of the electrodes, as disclosed by Wu, to include the first electrode plane being offset from the first face and parallel to the longitudinal plane, the first group of electrodes extending outwardly from the first face to a first electrode plane, the first group of electrodes each comprising an individual height from the first face to the first electrode plane that increases from electrode to electrode in a direction from more proximal to more distal within the first group of electrodes relative to the longitudinal axis, as taught by Conn, as both references and the claimed invention are directed toward electrode arrays for sensing and comprising tapering surfaces. As disclosed by Conn, the distance from the outer surface of the electrodes to the longitudinal plane may decrease along with the tapered substrate, or alternatively may increase or be equal electrode-to-electrode along the tapered substrate ([0038] & [0040]-[0043]). 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 first group of the electrodes, as disclosed by Wu, to include the first electrode plane being offset from the first face and parallel to the longitudinal plane, the first group of electrodes extending outwardly from the first face to a first electrode plane, the first group of electrodes each comprising an individual height from the first face to the first electrode plane that increases from electrode to electrode in a direction from more proximal to more distal within the first group of electrodes relative to the longitudinal axis, as taught by Conn, as providing electrodes that extend to the same electrode plane is a known and suitable alternative to providing electrodes that taper in distance from the longitudinal plane along with the tapered substrate.
Conclusion
Accordingly, claims 1-2, 5, & 7-21 are rejected.
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