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 .
Applicant’s amendments and comments, received April 13, 2026, have been fully considered by the examiner. The following is a complete response to the April 13, 2026 communication.
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.
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dahla et al (7,270,661).
Regarding claim 1, Dahla et al provide a treatment tool for an endoscope (col. 8, lines 40-50, for example) the tool comprising a sheath (1002 – Figure 16B) having a first opening and an electrode (1032) configured to pass through the first opening. There is a tube (1042b) sized and shaped to be within the sheath, and a connector (1016) connected to a proximal end of the electrode and the distal end of the tube (Figure 16B). The sheath has a second opening through which electrode 1022 extends, the second opening located radially away from the first opening. The connector has a conduit (i.e. opening through which the electrode extends) located a longitudinal axis of the sheath and the second opening is located radially outward relative to a central axis defined by the conduit (Figure 16B).
Regarding claim 9, see discussion of claim 1 above. Regarding the last limitation (i.e. last three lines), the tube (1042b) is located along a longitudinal axis defined by the sheath and the second opening is radially outward of the sheath relative to a central axis defined by the conduit (Figure 16B).
Allowable Subject Matter
Claims 21-24 are allowable over the prior art of record. The prior art fails to disclose the specific tool having a sheath, an electrode and a rod as claimed with the specific connector and hollow control wire that allows fluid flow as now required by independent claim 21.
Claims 3, 7, 8, 12-16 and 26-31 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.
Response to Arguments
Applicant’s arguments with respect to the pending claims 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.
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 MICHAEL PEFFLEY whose telephone number is (571)272-4770. The examiner can normally be reached Mon-Fri 8 am-5 pm.
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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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/MICHAEL PEFFLEY/
Primary Examiner
Art Unit 3794
/M.F.P/June 11, 2026
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