DETAILED ACTION
This action is pursuant to claims filed on 5/26/2026. Claims 1-20 are pending. A first action on the merits of claims 1-20 is as follows.
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 .
Election/Restrictions
Applicant's election with traverse of species in Figs. 2 and 6-9 in the reply filed on 5/26/2026 is acknowledged. The traversal is on the ground(s) that Fig. 2 is generic and corresponds to the elected invention and that there is not a patentable difference between the species as claimed.
Applicant’s arguments that the species in Fig. 2 and the species of Figs. 6-9 are not patentably distinct species is persuasive. The restriction requirement between Figs. 2 and 6-9 is withdrawn.
However, applicant’s arguments directed towards Figs. 3-5 not being a patentably distinct species is not persuasive.
Figs. 3-5 contain patentably distinct subject matter that is not present in the species of Figs. 2 and 6-9. The species of Figs. 3-5 contains different conductive and insulative layer configurations than the species in Figs. 2 and 6-9. The species of Figs. 3-5 contains more insulation layers, layers 100a and 100c, a very different disposition of the conductive layer, and a different head configuration where the shaft is not exposed on the distal tip but rather on a side portion. These are patentably distinct differences that are not obvious variants of the elected embodiment. Currently, there are no claims withdrawn because the claims as written are all directed towards the elected embodiment. However, there are also no generic claims present as all three independent claims are directed towards the elected embodiment. Therefore, the restriction requirement between the species of Figs. 3-5 and the species of Figs. 2, 6-9 is maintained.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12, 18, and 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is rejected because line 9 states, “the distal shaft portion of the insulating layer.” This statement lacks antecedent basis. Appropriate correction is required.
Claims 2-12 are rejected due to their dependance on claim 1.
Claim 18 is rejected because it recites “the first polymeric tube” which lacks antecedent basis. Appropriate correction is required.
Claim 19 is rejected because it claims “a second exposed conductive portion of the conducting layer.” This statement renders the claim indefinite because it is unclear whether the conducting layer is intended to have two exposed surfaces or only a single exposed surface. The claim does not introduce a first exposed conductive portion of the conducting layer. Based on the specification of the instant application, this will be interpreted as the conducting layer having a single exposed conductive portion.
Claim 20 is rejected due to its dependance on claim 19.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1-5 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Earley et al. (hereinafter ‘Earley’, US 20060235377 A1)
Regarding independent claim 1, Earley discloses an electrosurgical probe (Figs. 1-2, and 6-9) comprising:
an elongated shaft ([0008], [0042]: elongated shaft comprising tube 73 and electrode 18 welded thereto in Figs. 6 and 7) comprising a lumen extending along a longitudinal axis from a proximal shaft portion to a distal shaft portion ([0038]-[0039]: lumen through tube 73 and electrode 18 in Fig. 7 which are both tubular in shape), the distal shaft portion forming an active electrode (electrode 18 in Fig. 7; [0030]: electrode 18 is an active electrode) as an exposed portion of the elongated shaft at a distal extent (as seen in Figs. 6 and 7, active electrode 18 is exposed and forms the distal portion of the elongated shaft);
an insulating sleeve ([0040]: insulating, sleeve-shaped cap 86) extending around the distal shaft portion proximal of the exposed portion ([0040]-[0041]: disposed around the exposed distal shaft portion 18 as seen in Fig. 7);
an insulating layer (inner insulating layer 74 in Fig. 7) disposed on an exterior surface of the elongated shaft (disposed on exterior of elongated shaft as seen in Fig. 7) and extending from the proximal shaft portion to the insulating sleeve (extends from proximal portion of the shaft to contact the insulating sleeve 86 as seen in Fig. 7; [0038] and [0041]); and
a conductive layer ([0030]: conductive layer 15) disposed over the distal shaft portion of the insulating layer (layer 15 is disposed over a distal portion of layer 74 as seen in Fig. 7), wherein the conductive layer forms a return electrode [0030]: an exposed distal end 19 of the layer 15 defines a return electrode) insulated from the active electrode of the elongated shaft by the insulating sleeve ([0043]: the sleeve 86 serves to insulate the exposed end of the active electrode 18 from the return electrode defined by the distal end 19 of the layer 15).
Regarding claim 2, Earley discloses the electrosurgical probe according to claim 1, wherein the conductive layer is further insulated from the elongated shaft via the insulating layer (conductive layer 15 is insulated from the elongated shaft by insulating layer 74 since it is disposed between the layer 15 and the elongated shaft 73 and 18 as seen in Fig. 7).
Regarding claim 3, Earley discloses the electrosurgical probe according to claim 1, wherein the insulating layer is a first insulating layer of a plurality of insulating layers (plurality of insulating layer which includes layer 74 and second insulating layer 16 in Fig. 7), the plurality of insulating layers further comprising: a second insulating layer (insulating layer 16 in Figs. 1, 6, and 7) disposed over a proximal conductive portion of the conductive layer (layer 16 is covers the proximal side of the conductive layer 15 as seen in Figs. 6 and 7).
Regarding claim 4, Earley discloses the electrosurgical probe according to claim 3, wherein the second insulating layer extends from the proximal conductive portion of the return electrode to the proximal shaft portion of the elongated shaft ([0030]: layer 16 covers a majority of the layer 15; as seen in Figs. 1 layer 16 extends from the proximal portion of the return electrode 19 to the handle which is the proximal shaft portion of the elongated shaft); [0015]: Fig. 5 is a cross-sectional view of the proximal end of the lumen assembly; as seen in Fig. 5, the layer 16 extends all of the way to the proximal end of the lumen assembly).
Regarding claim 5, Earley discloses the electrosurgical probe according to claim 3, wherein the second insulating layer distally terminates exposing the return electrode formed by the conductive layer (as seen in Figs. 1, 6, and 7 the insulating layer 16 terminates to expose the return electrode 19).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 6-7, 10-15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Earley in view of Wang et al. (hereinafter ‘Wang’, US 20080071267 A1).
Regarding claim 6, Earley discloses the electrosurgical probe according to claim 1 as described above. Earley further contemplates the active electrodes of the elongated shaft forming different shapes as shown by Figs. 6-7 and Figs. 14-18.
However, Earley is silent to the elongated shaft forming a bulbous portion distal of the insulating sleeve.
Wang teaches an irrigated catheter with an ablation assembly wherein the distal member includes an electrode ([Abstract]). The device includes a distal electrode with a passageway through the active electrode ([0047]; Figs. 7-12). Wang further teaches that the active electrode can have a flatter, cylindrical shape, similar to that of Earley, as seen in Figs. 11 and 12. Wang further teaches that an alternate shape may be used where the active electrode has a narrow portion for contacting the shaft which extends to form a bulbous sphere on the distal end as seen in Fig. 9. Wang states that the distal electrode may have different geometries which may be more suitable for certain applications depending on the location and shape of the target tissue, the manner of access to the target tissue, and the desired ablation characteristics such as the shape and size of the ablation ([0046]). Modifying the active electrode of Earley to form a bulbous shape is simply a change in the shape of the component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. Furthermore, the instant application does not provide criticality to the shape of the end effector as evidenced by the embodiment shown in Fig. 2 which shows a cylindrical end of the elongated shaft. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the active electrode, which is the distal end of the elongated shaft, of Earley to form a bulbous shape as taught by Wang since changing the shape of the electrode is an obvious modification to make based on the location and shape of the target tissue, the manner of access to the target tissue, and the desired ablation characteristics.
Regarding claim 7, the Earley/Wang combination discloses the electrosurgical probe according to claim 6, wherein the bulbous portion comprises a flared head having a second diameter that is larger than a first diameter of a body of the elongated shaft (as seen in Fig. 9 of Wang, the distal end electrode comprises a narrow portion coupled to the shaft and a flared head which has a larger diameter than the body of the elongated shaft).
Regarding claim 10, the Earley/Wang combination discloses the electrosurgical probe according to claim 6, wherein the bulbous portion forms a dome-shaped end or rounded end (rounded end seen in Fig. 9 of Wang) that encloses radially about an orifice opening to the lumen at the distal extent of the elongated shaft (Wang [0049]: the distal electrode has a spherical surface with a path 338 that extends through the sphere as seen in Fig. 9; Fig. 6 of Earley shows that the electrode has an orifice opening that the electrode radially encloses – this opening would be the same in the combination since the bulbous sphere taught by Wang has an opening in the distal tip which the sphere surrounds).
Regarding claim 11, the Earley/Wang combination discloses the electrosurgical probe according to claim 6, wherein a body of the elongated shaft extends along a first diameter and flares outward over a transition profile to a second diameter forming the bulbous head (in Earley, the elongated shaft forms a first diameter in the distal end of the elongated shaft with is the diameter of electrode 18; in the combination, this transitions into a bulbous head of Fig. 9 of Wang forming a second diameter of the bulbous head; Wang [0049]: narrow cylindrical neck which transitions to a spherical surface).
Regarding claim 12, the Earley/Wang combination discloses the electrosurgical probe according to claim 11, wherein the transition profile extends outward from the first diameter to the second diameter over a serpentine or sinusoidal transition (Fig. 9 of Wang shows the cylindrical shaft forming a gradual, serpentine transition from straight to curved – this is interpreted as serpentine because it is a gradual curve that a snake could make as that is the definition of serpentine and neither the claim nor the specification actually defines what a “sinusoidal” or “serpentine” transition actually is, other than it is “gradual”, instant application paragraph [0034]).
Regarding independent claim 13, Earley discloses a method for providing an electrosurgical probe (electrosurgical probe is assembled and thus provided by the method as disclosed throughout), the method comprising:
providing an elongated tubular shaft ([0008], [0042]: elongated shaft comprising tube 73 and electrode 18 welded thereto in Figs. 6 and 7 is provided) of an electrically conductive material ([0038]: shaft 73 is formed of an electrically conductive material; [0039]: electrode 18 is formed of an electrically conductive material) having a body extending from proximal shaft portion to a distal shaft portion (Figs. 1, 6, and 7) and a distal end forming an active electrode ([0030]: electrode 18 forms the active electrode);
forming a first insulating layer along a length of the body of the elongated tubular shaft (inner insulating layer 74 in Fig. 7; [0038] insulating layer 74 is formed along the shaft 73);
forming a conductive layer over the first insulating layer ([0038]: conductive shaft 15 is formed over the insulating layer 74 as seen in Fig. 7; [0030]: layer 15 is conductive);
forming a second insulating layer ([0030]: insulating layer 16 is formed) extending from the proximal shaft portion to the distal shaft portion (layer 16 extends from the proximal shaft portion to the distal shaft portion as seen in Fig. 1); and
terminating the second insulating layer proximal of an exposed portion of the conductive layer (insulating layer 16 is terminated proximal of an exposed portion of the conductive layer as seen in Figs. 1, 6, and 7), wherein the exposed portion of the conductive layer forms a return electrode ([0030]: exposed distal portion 19 of layer 15 forms the return electrode).
However, Earley is silent to the distal end active electrode having a bulbous portion flaring outward from the body.
Wang teaches an irrigated catheter with an ablation assembly wherein the distal member includes an electrode ([Abstract]). The device includes a distal electrode with a passageway through the active electrode ([0047]; Figs. 7-12). Wang further teaches that the active electrode can have a flatter, cylindrical shape, similar to that of Earley, as seen in Figs. 11 and 12. Wang further teaches that an alternate shape may be used where the active electrode has a narrow portion for contacting the shaft which extends to form a bulbous sphere on the distal end as seen in Fig. 9. Wang states that the distal electrode may have different geometries which may be more suitable for certain applications depending on the location and shape of the target tissue, the manner of access to the target tissue, and the desired ablation characteristics such as the shape and size of the ablation ([0046]). Modifying the active electrode of Earley to form a bulbous shape is simply a change in the shape of the component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. Furthermore, the instant application does not provide criticality to the shape of the end effector as evidenced by the embodiment shown in Fig. 2 which shows a cylindrical end of the elongated shaft. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the active electrode, which is the distal end of the elongated shaft, of Earley to form a bulbous shape as taught by Wang since changing the shape of the electrode is an obvious modification to make based on the location and shape of the target tissue, the manner of access to the target tissue, and the desired ablation characteristics.
Regarding claim 14, the Earley/Wang combination discloses the method according to claim 13, wherein the forming of the first insulating layer comprises forming the first insulating layer extending distally as a distal insulating portion (as seen in Fig. 7, the layer 74 extends distally towards the distal tip of the device).
However, in the embodiment shown in Figs. 6 and 7, the insulating layer 74 does not extend past the conductive layer 15.
Earley discloses an alternate embodiment in Fig. 15 which shows the insulating layer 74 extending distally beyond the end of conductive layer 15. Earley also discloses in Fig. 13 that the insulative layer 134, which is similar to the layer 74, can extend along the electrode body 120. Modifying the insulative tube 74 of the embodiment shown in Figs. 6 and 7 to extend along the electrode body, past the end of the conductive layer, is simply a change in the length of the layer. Earley already contemplates extending the insulation past the conductive layer and along the and over the ridges formed by the electrode and extending the length of the layer is merely a change in the size of the component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to lengthen the insulative layer such that it extends past the end of the conductive layer 15, as contemplated by Earley Fig. 15, since such a modification would have involved a mere change in the size of the component.
Regarding claim 15, the Earley/Wang combination discloses the method according to claim 13, further comprising: applying an insulating sleeve over the distal insulating portion and an exterior surface of the distal shaft portion proximal of the active electrode ([0041]-[0042]: sleeve-shaped cap 86 is applied over the distal insulating portion and an exterior surface of the distal shaft portion – as seen in Fig. 7, the sleeve 86 goes over the insulating layer 74 and the distal portion of the elongated shaft while exposing the active electrode 18).
Regarding claim 18, the Earley/Wang combination discloses the method according to claim 13, wherein the conducting layer is formed over the first polymeric tube (conductive layer 15 formed over the insulative tube 74 in Fig. 7) and extends from the proximal shaft portion to the distal shaft portion (extends from proximal to distal ends of the shaft as seen in Figs. 2, 5, and 7).
Claim(s) 8-9 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over the Earley/Wang combination as applied to claims 7 and 15, respectively, in further view of Germain et al. (hereinafter ‘Germain’, US 20170181793 A1).
Regarding claim 8, the Earley/Wang combination discloses the electrosurgical probe according to claim 7, wherein the insulating sleeve comprises a ring (sleeve 86 forms a ring because it is a tubular structure as seen in Fig. 8) in connection with the insulating layer (sleeve 86 connects to insulating layer 74 in Fig. 7) and interposed between the return electrode and the flared head of the elongated shaft (sleeve 86 is between the return electrode 19 and the active electrode in Fig. 7; in the combination the end of the active electrode forms the flared head of the elongated shaft).
Earley further states that the insulation sleeve is made of ceramic ([0040]).
However the Earley/Wang combination is silent to the ring “molded.”
Germain teaches a tissue cutting device that comprises an elongated assembly with an outer sleeve which has a tissue-receiving window ([Abstract]). The window comprises a insulative ring around its edge to prevent unwanted arcing from the electrode edge ([0056]). The insulative ring can be molded from ceramic and bonded to the window ([0056]). The claim requiring the insulating sleeve to be “molded” is a product by process limitation. MPEP 2113 states, "The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process". In the present case, producing the insulative sleeve through a molding process would result in the same product because molding ceramic is simply a known method of forming ceramic into a desired shape and does not result in any unexpected outcomes. Therefore, since Germain teaches that a ceramic dielectric can be molded to take a desired shape, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the ceramic ring of Earley through the same process because it is simply one of several known manufacturing processes to form ceramic into whatever shape is desired.
Regarding claim 9, the Earley/Wang/Germain combination discloses the electrosurgical probe according to claim 8, wherein the molded ring is formed of a thermally insulating material that limits heat transmission from the active electrode to the insulating layer ([0040]: cap 86 is made of an insulating material such as ceramic – an insulating ceramic would inherently provide for a degree of thermal insulation between the two electrodes; [0043]: cap 86 serves to insulate the active electrode from the return electrode).
Regarding claim 16, the Earley/Wang combination discloses the method according to claim 15, wherein applying the insulating sleeve comprises applying a thermally and conductively insulating material over the distal insulating portion and the exterior surface of the distal shaft portion (([0041]-[0042]: sleeve-shaped cap 86 is applied over the distal insulating portion and an exterior surface of the distal shaft portion – as seen in Fig. 7, the sleeve 86 goes over the insulating layer 74 and the distal portion of the elongated shaft while exposing the active electrode 18; [0040]: sleeve 86 is made of insulative ceramic which is thermally and electrically insulative).
However, the Earley/Wang combination is silent to the sleeve 86 being molded.
Germain teaches a tissue cutting device that comprises an elongated assembly with an outer sleeve which has a tissue-receiving window ([Abstract]). The window comprises a insulative ring around its edge to prevent unwanted arcing from the electrode edge ([0056]). The insulative ring can be molded from ceramic and bonded to the window ([0056]). Producing the insulative sleeve of Earley through a molding process would result in the same product as the prior art because molding ceramic is simply a known method of forming ceramic into a desired shape and does not result in any unexpected outcomes. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply the ceramic molding technique taught by Germain to form the ceramic sleave of Earley through the same process because it is simply one of several known manufacturing processes to form ceramic into whatever shape is desired.
Regarding claim 17, the Earley/Wang/Germain combination discloses the method according to claim 16, wherein forming the first insulating layer and the second insulating layer comprises sequentially heat molding a first polymeric tube ([0038]: insulating tube 74 is a heat-shrink tube applied over the tube 73 – heat-shrink tubing is known in the art to be formed of thermoplastic polymers) and a second polymeric tube over the elongated tubular shaft ([0030]: insulative tubing 16 is heat-shrink tubing applied over conductive layer 15; the first insulative layer is inherently molded via heat-shrinking prior to the second insulative layer since the first insulative layer is internal to the second insulative layer as seen in Fig. 7).
Claim(s) 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over the Earley.
Regarding independent claim 19, Earley discloses an electrosurgical probe (Figs. 1-2, and 6-9) comprising:
an elongated tubular shaft ([0008], [0042]: elongated shaft comprising tube 73 and electrode 18 welded thereto in Figs. 6 and 7) comprising a lumen extending along a body from a proximal shaft portion to a distal shaft portion ([0038]-[0039]: lumen through tube 73 and electrode 18 in Fig. 7 which are both tubular in shape), the distal shaft portion forming an active electrode (electrode 18 in Fig. 7; [0030]: electrode 18 is an active electrode) as a first exposed conductive portion at a distal extent of the elongated shaft (as seen in Figs. 6 and 7, active electrode 18 is exposed and forms the distal portion of the elongated shaft);
a first insulating layer (inner insulating layer 74 in Fig. 7) extending over the body from the proximal end portion to the distal end portion (disposed on exterior of elongated shaft as seen in Fig. 7 and extends from a proximal to a distal portion as seen in Figs. 2, 6, and 7);
a conductive layer ([0030]: conductive layer 15) extending over the first insulating layer (layer 15 is disposed over a distal portion of layer 74 as seen in Fig. 7); and
a second insulating layer (insulating layer 16 in Figs. 1, 6, and 7) extending over the first insulating layer and the conductive layer (extends over the first insulating layer and conductive layer as seen in Fig. 7), wherein the second insulating layer terminates proximal a second exposed conductive portion of the conducting layer, wherein the second exposed conductive portion forms a return electrode (as seen in Figs. 1, 6, and 7 the insulating layer 16 terminates to expose the return electrode 19).
However, the embodiment shown in Figs. 6 and 7 does not disclose the conductive layer terminating proximal of the first insulating layer
Earley discloses an alternate embodiment in Fig. 15 which shows the insulating layer 74 extending distally beyond the end of conductive layer 15. Earley also discloses in Fig. 13 that the insulative layer 134, which is similar to the layer 74, can extend along the electrode body 120. Modifying the insulative tube 74 of the embodiment shown in Figs. 6 and 7 to extend along the electrode body, past the end of the conductive layer, is simply a change in the length of the layer. Earley already contemplates extending the insulation past the conductive layer and along the and over the ridges formed by the electrode and extending the length of the layer is merely a change in the size of the component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to lengthen the insulative layer such that it extends past the end of the conductive layer 15, as contemplated by Earley Fig. 15, since such a modification would have involved a mere change in the size of the component.
Regarding claim 20, Earley discloses t--he electrosurgical probe according to claim 19, further comprising: an insulator ring (tubular insulator cap 86 in Fig. 7) formed over the distal end portion of the elongated tubular shaft and interposed between the return electrode and the active electrode ([0040]-[0041]: disposed around the exposed distal shaft portion 18 as seen in Fig. 7 and interposed between the active and return electrodes), wherein the insulator ring extends over the distal insulating portion and the elongated tubular sha--ft proximal of the active electrode (the ring extends over the insulating layer and the elongated tubular shaft proximal the distal end forming the active electrode as seen in Fig. 7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sanders et al. (US 20050119650 A1), see Figs. 10 and 14 which disclose a bulbous end configuration and claimed insulation/conductive layers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM E MOSSBROOK whose telephone number is (703)756-1936. The examiner can normally be reached M-F 8-5.
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/W.M./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794