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 .
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.
Claim(s) 82-85, 90-91, and 95-101 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scheib (US 7,575,566).
Scheib discloses an ablation catheter (Fig. 1) for treating atrial arrhythmia, comprising: an elongate proximal shaft (14); and a distal ablation probe (17), which comprises: an elongate distal shaft (17) that includes a first tubular portion, a second tubular portion, and a tubular connecting end portion that connects the first and second tubular portions; and ablation electrodes (col. 5, lines 34-47), which are configured to ablate an atrial wall of a heart (col. 1, lines 54-67), and wherein, when the distal ablation probe is unconstrained: the first and the second tubular portions are straight and the tubular connecting end portions is entirely curved (Figs. 4-5), the first tubular portion runs alongside the second tubular portion (Figs. 4-5), the ablation catheter defines a curved portion that connects a proximal end of the first tubular portion to a distal end of the elongate proximal shaft (Figs. 4-5), and a best-fit plane defined by the first and the second tubular potions forms a plane-axis angle with a central longitudinal axis of the elongate proximal shaft that passes through the distal end of the elongate proximal shaft (Fig. 6), the plane-axis angle between 45 and 90 degrees (Fig. 6, col. 3, lines 52-55).
With respect to claims 83-85, Scheib discloses wherein the plane-axis angle is 90 degrees (Fig. 6, col. 3, lines 52-55).
With respect to claim 90, Scheib discloses wherein the first and second tubular portions are coplanar when the distal ablation probe is unconstrained (Fig. 6).
With respect to claim 91, Scheib discloses wherein the first and the second tubular portions are parallel to each other when the distal probe is unconstrained (Figs. 4 and 6).
With respect to claim 95, Scheib discloses wherein the distal ablation probe comprises one or more sensing electrodes (col. 5, lines 34-47).
With respect to claim 96, Scheib discloses a shape memory (col. 4, lines 1-5).
With respect to claims 97-99, Scheib discloses wherein when the distal ablation probe is unconstrained, wherein a central longitudinal axis of the first tubular portion intersects and forms an axis-axis angle with the central longitudinal axis of the elongate proximal shaft, the axis-axis angle between 45 and 90 degrees (Fig. 6; col. 3, lines 52-55).
With respect to claim 100, Scheib discloses a sheath (62).
With respect to claim 101, Scheib discloses a source of RF ablation energy (col. 4, lines 41-45).
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(s) 92-94 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheib (US 7,575,566).
Scheib discloses the subject matter substantially as claimed except for the length and distance of the tubular portion. However, Scheib discloses shape memory material (col. 4, lines 1-5) and the region can comprise more than one loop or circle (col. 3, line 49-51). Therefore, it would have been obvious to one of ordinary skill in the art to have modified the shape of Scheib as a change in shape and size is well within the skill level of one of ordinary skill in the art (MPEP 2144.04(IV)(A and B)).
Claim(s) 86 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheib (US 7,575,566) in view of Gaiser et al. (US 6,200,315).
Scheib discloses the subject matter substantially as claimed except for a radius of curvature of 0.25 cm – 1 cm. However, Gaiser et al. teaches in the same field of endeavor wherein the distal end of the cardiac ablation catheter has a radius of curvature which ranges from 0.5 cm to 2 cm (col. 2, lines 62-63). Therefore, it would have been obvious to one of ordinary skill in the art to have provided Scheib with the radius of curvature as taught by Gaiser et al. as it is a well known dimension used in cardiac ablation catheters.
Claim(s) 87 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheib (US 7,575,566) in view of Stewart et al. (US 2002/0022839).
Scheib discloses the subject matter substantially as claimed except for wherein the distal ablation probe is unconstrained, the proximal end of the first tubular portion is located at a location along the first tubular portion at a distance from a distal endpoint of the first tubular portion, the distance equal to between 40% and 60% of a length of the second tubular portion. However, Stewart et al. teaches in the same field of endeavor a shape wherein the proximal end of the first tubular portion is located at a location along the first tubular portion at a distance from a distal endpoint of the first tubular portion, the distance equal to between 40% and 60% of a length of the second tubular portion (Figs. 1C-1D). Therefore, it would have been obvious to one of ordinary skill in the art to have provided Scheib with the shape as taught by Stewart et al. as a change in shape is well within the skill level of one of ordinary skill in the art (MPEP 2144.04(IV)(B)).
Claim(s) 88-89 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheib (US 7,575,566) in view of Chen (US 2018/0140347).
Scheib discloses the subject matter substantially as claimed except for the greatest major and minor dimensions. However, Chen teaches in the same field of endeavor wherein the probe shape may be elliptical ([0209]). Therefore, it would have been obvious to one of ordinary skill in the art to have modified the shape of Scheib to be elliptical as a change in shape and size is well within the skill level of one of ordinary skill in the art (MPEP 2144.04(IV)(A and B)).
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive.
Applicant argues the reference does not teach the first and second tubular portions are straight and the first tubular portion runs alongside the second tubular portion. However, the Examiner respectfully disagrees with the applicant. Scheib discloses in Fig. 6 wherein the first and second tubular portions are straight and the first tubular portion runs alongside the second tubular portion. The Examiner notes that applicant has failed to provide specific defined measurements for the first and second tubular portions, therefore, the portions are interpreted in its broadest reasonable interpretation. Therefore, Scheib discloses in Figs. 4-6 wherein portions that are straight, end portions that are curved, and portions that run alongside each other.
Conclusion
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 PETER LUONG whose telephone number is (571)270-1609. The examiner can normally be reached M-F 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan T Nguyen can be reached at (571)272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER LUONG/Primary Examiner, Art Unit 3797