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 March 25, 2026, have been fully considered by the examiner. The following is a complete response to the March 25, 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, 10-17, 21, 22 and 25-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burbank et al (6,471,700).
Regarding claim 1, Burbank et al disclose a treatment instrument for an endoscope comprising a tube (13) and an electrode (28) configured to move along a longitudinal axis of the tube (see Figures 1 and 3 which show the electrode inserted into the tube and longitudinally extended through the tube). The tube has a distal tip configured to accommodate at least a part of the electrode (Figure 3) wherein the distal tip has a distal end and a proximal end (i.e. at 25 near the mid-point of the tube) and an outer peripheral surface between the proximal and distal ends. The proximal end has a proximal opening (i.e. lumen) and the outer peripheral surface has a side opening (16 – Figure 1) which communicates with the proximal opening or central lumen.
Regarding claim 10, a passage is located in the distal tip and is a through hole (18) extending between an inner peripheral surface and the outer peripheral surface in the distal tip in a radial direction.
Regarding claim 11, Burbank et al again provides a treatment instrument comprising a tube (13) having a conduit (14) and an electrode (27) configured to move along a longitudinal axis of the tube. There is a distal tip located at a distal end portion (Figure 1) configured to accommodate at least a part of the electrode (Figure 3), wherein the distal tip has a passage (16) that opens in a direction that intersects with a longitudinal axis of the electrode and the passageway communicates with an outer peripheral surface and an inner peripheral surface of the distal tip (Figure 1) and is in communication with the central conduit (14).
Regarding claim 12, the passage penetrates the outer and inner peripheral surface of the distal tip (Figure 1). Regarding claim 13, there is a locked portion (30) located proximally relative to the passage of the distal tip. Regarding claim 14, the locked portion is a first portion (30 – Figure 3) wherein the instrument further comprises a second locked portion (31) configured to lock with a locking portion (23) when the electrode is disposed at a second position fully advanced from the tip (Figure 3). Regarding claim 15, the second locked portion (31) is located distally relative to the passage (i.e. relative to the proximal-most portion of the passage). Regarding claim 16, the second locked portion is located distally relative to the first locked portion (i.e. extends therethrough) and located proximally relative to the passage. Regarding claim 17, the locking portion (23) is slidable between the first and second locked portions (Figure 3). Regarding claim 21, the distal tip has a through hole (18) through which the electrode passes (Figure 3) with the side opening (16) located proximal to a distal opening of the through hole and radially outward of the tube relative to an inner surface of the through hole (Figure 1). Regarding claim 22, the distal tip includes a through hole (16) through which the electrode passes and a passage (i.e. central passage) connecting the side opening and the proximal opening at a position different from the through hole (Figure 1).
Regarding claim 25, Burbank et al again disclose a treatment instrument comprising a tube (13) with a conduit (14) and an electrode (27) configured to move along a longitudinal axis of the tube (Figure 3). There is a distal tip located at a distal end portion and configured to accommodate at least part of the electrode (Figure 3) wherein the distal tip includes a through hole (18) and a passage (16) located radially outward from the through hole allowing the conduit to communicate with the through hole and the passage.
Regarding claim 26, at least a portion of the passage extends in a direction intersecting with the central axis of the through hole (Figure 1). Regarding claim 27, a distal end of the electrode is located distal to a distal opening of the through hole (Figure 3) and the passage is located proximal to the distal opening of the through hole (Figure 1).
Allowable Subject Matter
Claims 2-9, 18, 23, 24 and 28 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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
/M.F.P/Primary Examiner, Art Unit 3794
Prosecution Insights