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 .
Status of Claims
Claims 1, 8, 10-11, and 16-17 are currently amended.
Claim 9 is cancelled.
claims 1-8 and 10-17 are pending.
Response to Arguments
Applicant’s arguments, see pages 5-8, filed 11/13/2025, with respect to the rejection(s) of
claim(s) 1-8 and 10-17 under 35 U.S.C. 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Waldhauser as necessitated by the amendments.
35 U.S.C. 102 and 103
Regarding claim 1, applicant argues that Rama, alone or in combination with the prior art, does not teach “wherein the fluid supply line is axially fixated to the wire.” Specifically, the applicant argues that (fig. 1-2; paragraph 43 and 46) of Rama does not teach this limitation. The examiner respectfully argues that figure 1 clearly shows conductor wire 50 is axially adjacent to the fluid supply lumen 60. However, the examiner agrees that nothing in the art explicitly states that these two components are fixated to one another. After further search and consideration, the examiner will now rely on Waldhauser to teach this limitation (fig. 3A; paragraph 688). It is disclosed in [44] the applicant’s specification that “The connection between the wire and the fluid supply line 29 can be realized by a clamp 34, for example, which holds the fluid supply line 29 and the wire 28 together in a friction-fit manner.” Waldhauser discloses a clamp or other device can be used to create contact between the wire 326, 340 and the surface of the lumen 328, 338 sufficient to inhibit or prevent the wire 326, 340 from moving relative the surface of the lumen 328, 338. Therefore, 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 wire and fluid supply lumen of Rama to add the clamp from Waldhauser for the benefit of inhibiting or preventing the wire from moving relative the surface of the lumen.
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, 7-13, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable by De
La Rama et al. US Pub.: US 2019/0217057 A1, hereinafter Rama in view of Waldhauser et al. US Pub.: US 20210001116 A1, hereinafter Waldhauser.
Regarding claim 1, Rama teaches an ablation probe comprising:
a flexible hose having at least a first electrode, at least a second electrode, and a distally closed lumen (fig. 1-2; paragraph 2 and 32); A flexible catheter 10 with a distally closed cap 12 and electrode segments 16 and 18. Tube 30 equates to the lumen
a wire extending longitudinally within the lumen (fig. 1-2; paragraph 46); The conductor wires 50 equates to the wire extending longitudinally within the lumen.
a fluid supply line arranged in the lumen and having at least a first lateral opening in the area of the first electrode and at least one second lateral opening in the area of the second electrode (fig. 1-2; paragraph 47). The extension lumen tubing 62 defines an extended fluid lumen extending therethrough, and enables channeling fluid from the lumen tubing 60 along a longitudinal length of the distal portion 10. The lumen extension tubing 62 extends to the openings 66 configured to produce a dedicated distribution of fluid to the openings 66.
However, Rama does not explicitly teach wherein the fluid supply line is axially fixated to the wire.
Waldhauser, in the same field of endeavor, teaches a clamp that would fixate the fluid supply line and wire together in an axial position (fig. 3A; paragraph 688). It is disclosed in [44] the applicant’s specification that “The connection between the wire and the fluid supply line 29 can be realized by a clamp 34, for example, which holds the fluid supply line 29 and the wire 28 together in a friction-fit manner.” Waldhauser discloses a clamp or other device can be used to create contact between the wire 326, 340 and the surface of the lumen 328, 338 sufficient to inhibit or prevent the wire 326, 340 from moving relative the surface of the lumen 328, 338.
Therefore, 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 wire and fluid supply lumen of Rama to add the clamp from Waldhauser for the benefit of inhibiting or preventing the wire from moving relative the surface of the lumen.
Regarding claim 2, Rama in view of Waldhauser teaches the claimed invention and Rama further
teaches wherein the fluid supply line is closed at a distal end (fig. 1-2; paragraph 32 and 47). The distal cap 12 is closed and the extension lumen tubing 62 is within the closed catheter.
Regarding claim 3, Rama in view of Waldhauser teaches the claimed invention and Rama further
teaches wherein the flexible hose is provided with a closure piece at a distal end (fig. 1-2; paragraph 2 and 32); A flexible catheter 10 with a distally closed cap 12.
Regarding claim 4, Rama in view of Waldhauser teaches the claimed invention and Rama further
teaches wherein the closure piece comprises an insulating material or an electrically conductive material (fig. 2; paragraph 46). The cap 12 contains thermocouples and conductive wires 50, which equates to conductive materials.
Regarding claim 5, Rama in view of Waldhauser teaches the claimed invention and Rama further
teaches wherein the closure piece consists of a combination of an electrically non-conductive and an electrically conductive material (fig. 2; paragraph 46). The cap 12 contains a urethane adhesive 54, which equates to non-conductive materials.
Regarding claim 7, Rama in view of Waldhauser teaches the claimed invention and Rama further
teaches wherein the closure piece comprises a metal body having an insulative coating on portions of the metal body (fig. 2; paragraph 46). The cap 12 contains a urethane adhesive 54, which equates to insulative coating material.
Regarding claim 8, Rama in view of Waldhauser teaches the claimed invention and Rama further
teaches wherein the closure piece is connected to a wire (fig. 2; paragraph 46). The cap 12 contains thermocouples and conductive wires 50.
Regarding claim 9, Rama in view of Waldhauser teaches the claimed invention and Rama further
teaches wherein the fluid supply line is connected to the wire (fig. 1-2; paragraph 43 and 46-47). The extension lumen tubing 62 defines an extended fluid lumen extending therethrough, and enables channeling fluid from the lumen tubing 60 along a longitudinal length of the distal portion 10. The fluid irrigation system is in communication with the electrode segments, which are connected to the conductive wires 50. The distal spring coil 36 also is supported between the distal end and the tube.
Regarding claim 10, Rama in view of Waldhauser teaches the claimed invention and Rama
further teaches wherein the wire is formed of a solid material and, when combined with the fluid supply line, comprises a lower bending resistance at the same level of tensile strength than a tube that combines the tensile force support and the fluid supply (fig. 1-2; paragraph 43 and 46-47). The extension lumen tubing 62 defines an extended fluid lumen extending therethrough, and enables channeling fluid from the lumen tubing 60 along a longitudinal length of the distal portion 10. The fluid irrigation system is in communication with the electrode segments, which are connected to the conductive wires 50. The catheter and electrode segments are flexible and exhibit the same level of tensile strength as one another.
Regarding claim 11, Rama in view of Waldhauser teaches the claimed invention and Waldhauser
teaches wherein the wire and the fluid supply line are axially fixated to each other by a clamp (fig. 3A; paragraph 688). It is disclosed in [44] the applicant’s specification that “The connection between the wire and the fluid supply line 29 can be realized by a clamp 34, for example, which holds the fluid supply line 29 and the wire 28 together in a friction-fit manner.” Waldhauser discloses a clamp or other device can be used to create contact between the wire 326, 340 and the surface of the lumen 328, 338 sufficient to inhibit or prevent the wire 326, 340 from moving relative the surface of the lumen 328, 338.
Therefore, 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 wire and fluid supply lumen of Rama to add the clamp from Waldhauser for the benefit of inhibiting or preventing the wire from moving relative the surface of the lumen.
Regarding claim 12, Rama in view of Waldhauser teaches the claimed invention and Rama
further teaches wherein the at least first and at least second electrodes are flexible (fig. 1-2; paragraph 2 and 32); A flexible catheter 10 with a distally closed cap 12 and electrode segments 16 and 18.
Regarding claim 13, Rama in view of Waldhauser teaches the claimed invention and Rama
further teaches wherein the flexible hose is configured without Interruptions (fig. 1-2; paragraph 2 and 32); A flexible catheter 10. The catheter is not configured for procedural interruptions.
Regarding claim 15, Rama in view of Waldhauser teaches the claimed invention and Rama
further teaches wherein the first lateral opening and second lateral opening are laser bores (fig. 1-2; paragraph 47). The lumen extension tubing 62 extends to the openings 66 configured to produce a dedicated distribution of fluid to the openings 66. The openings are located along the electrode segments 26 and 28.
Regarding claim 16, Rama in view of Waldhauser teaches the claimed invention and Rama
further teaches method for tumor ablation comprising the following steps: piercing an ablation probe into tissue that comprises an area that requires treatment (paragraph 52); A user (e.g., the patient's physician or a technician) may insert the electrode catheter into one of the patient's blood vessel.
positioning of an at least one electrode coupled to the ablation probe in the tissue that requires treatment (paragraph 52); After locating the target tissue, the user must move the electrode catheter into contact and electrically couple the catheter electrode with the target tissue before applying ablative energy to form an ablative lesion or lesions.
supplying current to the at least one electrode and concurrently cooling the at least one electrode with a gaseous fluid that is conducted via a fluid supply line into a lumen surrounded by the at least electrode (fig. 1-2; paragraph 47); The extension lumen tubing 62 defines an extended fluid lumen extending therethrough, and enables channeling fluid from the lumen tubing 60 along a longitudinal length of the distal portion 10. The lumen is adjacent to the electrode segments.
and is released via a throttle opening into the lumen, retracting the ablation probe by transmitting a tensile force via the traction wire onto a closure piece coupled to the ablation probe (fig. 1-2; paragraph 47). The lumen extension tubing 62 extends to the openings 66 configured to produce a dedicated distribution of fluid to the openings 66.
However, Rama does not explicitly teach wherein the fluid supply line is axially fixated to the wire.
Waldhauser, in the same field of endeavor, teaches a clamp that would fixate the fluid supply line and wire together in an axial position (fig. 3A; paragraph 688). It is disclosed in [44] the applicant’s specification that “The connection between the wire and the fluid supply line 29 can be realized by a clamp 34, for example, which holds the fluid supply line 29 and the wire 28 together in a friction-fit manner.” Waldhauser discloses a clamp or other device can be used to create contact between the wire 326, 340 and the surface of the lumen 328, 338 sufficient to inhibit or prevent the wire 326, 340 from moving relative the surface of the lumen 328, 338.
Therefore, 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 wire and fluid supply lumen of Rama to add the clamp from Waldhauser for the benefit of inhibiting or preventing the wire from moving relative the surface of the lumen.
Regarding claim 17, Rama in view of Waldhauser teaches the claimed invention and Rama
further teaches further comprising the step of applying an electrical voltage to a metal body during piercing of the ablation probe for cutting tissue located distally in front of the metal body (paragraph 41)
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Rama in view of
Waldhauser in view of Panescu et al. US Pat.: US 11389230 B2, hereinafter Panescu.
Regarding claim 6, Rama in view of Waldhauser does not teach wherein the closure piece
consists of an insulator and a metal body, the metal body having an exposed distal portion.
Panescu, in the same field of endeavor, teaches wherein the closure piece consists of an
insulator and a metal body, the metal body having an exposed distal portion (fig. 20; col. 110-111, lines 50-67 and 1-41). As illustrated in FIG. 20, one or more thermally-insulating layers or coatings 6070 can be placed around the exterior of the heat shunt portions 6050 that are exposed to the outside of the catheter or other medical instrument 6000.
Therefore, 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 distal cap of Rama in view of Waldhauser with the coating from Panescu for the benefit of performing high electrical or thermal surgical procedures safely.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Rama in view of
Waldhauser in view of MURDESHWAR et al. US Pub.: US 20150094712 A1, hereinafter Murdeshwar.
Regarding claim 14, Rama in view of Waldhauser does not teach wherein the fluid supply line is
a plastic hose. Murdeshwar, in the same field of endeavor, teaches wherein the fluid supply line is a plastic hose (fig. 5; paragraph 43). The liquid can be recirculated or simply discarded once it has been passed through the probe 300. Tube 340 also is flexible and can be made from a plastic material.
Therefore, 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 fluid supply line of Rama in view of Waldhauser
with the plastic tube from Murdeshwar for the benefit of improving thermal insulation and to prevent corrosion.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 THIEN J TRAN whose telephone number is (571)272-0486. The examiner can normally be reached M-F. 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at 571-270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.J.T./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
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