DETAILED ACTION
Applicant's amendments and remarks, filed 4/6/26, are fully acknowledged by the Examiner. Currently, claims 10-19, 21, 23-29 are pending with claims 20 and 22 canceled, and claims 10, 13, 21, 23, and 29 amended. Applicant's amendment to claim 13 has overcome the previously filed objection. The following is a complete response to the 4/6/26 communication.
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 .
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.
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) 10-15, 17-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Truckai (US 2017/0143410).
Regarding claim 10, Truckai teaches a plasma generation module for a uterine cervix, the
module comprising:
a module body (105);
a dielectric formed at an outer front of the module body (150), and facing the uterine cervix while maintaining a distance for a plasma generation space between the dielectric and the uterine cervix (Fig. 6); and
an electrode receiving a voltage for generating plasma in the plasma generation space (215), wherein the dielectric includes:
a large-area discharge cover part maintaining its distance from a uterine external cervical canal of the uterine cervix (314 with seal 505 around the sleeve assembly to space the sleeve from the canal as in par. [0093]), and a large-area discharge protrusion protruding from the large-area discharge cover part and disposed in a uterine internal cervical canal of the uterine cervix to maintain its distance from the uterine internal cervical canal (protrusion as shaft 170).
Truckai further teaches the electrode includes:a main electrode part having a shape corresponding to a shape of the large-area discharge cover part (115 as part of the electrode that is covered by seal 505 as in at least par. [0093] and Figs. 6 and 14), anda sub-electrode part having a shape corresponding to a shape of the large-area discharge protrusion (170 electrically part of the electrode as in par. [0061]), wherein the sub-electrode part protrudes from the main electrode part and protrudes into the large-area discharge protrusion (170 protrudes from 115 into the large-area discharge protrusion), and the main electrode part has a disk shape and includes a through hole through which a gas discharge part passes (115 has a cross sectional disc shape and a hole for the gas inflow as in at least Fig. 6).
Regarding claim 11, Truckai teaches a gas supply nozzle installed in the module body (180) and supplying background gas to be moved to the plasma generation space (Fig. 6 and par. [0060]), wherein the dielectric includes a gas discharge part discharging the background gas supplied by the gas supply nozzle into the plasma generation space (202).
Regarding claim 12, Truckai teaches wherein the plurality of gas discharge parts are disposed around the large-area discharge protrusion (202 disposed around the discharge protrusion as in Fig. 5).
Regarding claim 13, Truckai teaches wherein the large-area discharge cover part has depression region disposed near the large-area discharge protrusion and depressed compared to the outside of the large-area discharge cover part (depression region defined by 155).
Regarding claim 14, Truckai teaches wherein a number of protrusions protrude from a surface of the large-area discharge cover part to secure the plasma generation space by maintaining the distance when the large-area discharge cover part is in contact with the uterine external cervical canal (178a-b to secure plasma generation space and maintain a distance as in par. [0056]).
Regarding claim 15, Truckai teaches a plasma recovery part recovering the plasma generated in
the space between the dielectric and the uterine cervix (gas outflow channel as in par. [0063]).
Regarding claim 17, Truckai teaches wherein a rib for maintaining the distance is formed on a surface of the large-area discharge protrusion in a length direction of the large-area discharge protrusion (rib as spring frame elements as in Fig. 8b and par. [0067]).
Regarding claim 18, Truckai teaches wherein the rib for maintaining the distance is formed at a certain distance on the surface of the large-area discharge protrusion in the circumferential direction (spring frame elements formed at a given distance).
Regarding claim 19, Truckai teaches an electrode pin connected to power, wherein the electrode receives the voltage for generating the plasma through the electrode pin (power via RF source 130 through lead as in par. [0061]).
Regarding claim 21, Truckai teaches wherein the main electrode part has a depression region disposed near the sub-electrode part and depressed compared to the outside of the main electrode part (215 with depression region as the electrode bends inwards toward sleeve 170, compared to the more distal portions of 215).
Regarding claim 23, Truckai teaches a plasma generation device for a uterine cervix, the module comprising:
a device body (120);
a probe part coupled to the device body and capable of entering a vagina of a human body (170);
and a plasma generation module formed at a front end of the probe part to generate plasma in the uterine cervix (working end of 122 with electrodes 215 and dielectric 150), wherein the plasma generation module includes a dielectric formed at an outer front of a module body (150), and facing the uterine cervix while maintaining a distance for a plasma generation space between the dielectric and the uterine cervix (150 faces the cervix while maintaining a distance), and the dielectric includes a large-area discharge cover part maintaining its distance from a uterine external cervical canal of the uterine cervix (314 with seal 505 around the sleeve assembly to space the sleeve from the canal as in par. [0093]), and a large-area discharge protrusion protruding from the large-area discharge cover part and disposed in a uterine internal cervical canal of the uterine cervix to maintain its distance from the uterine internal cervical canal (protrusion as shaft 170).Truckai further teaches an electrode receiving a voltage for generating plasma in the plasma generation space (electrode 215 as in par. [0061]), wherein electrode includes:a main electrode part having a shape corresponding to a shape of the large-area discharge cover part (115 as part of the electrode that is covered by seal 505 as in at least par. [0093] and Figs. 6 and 14), anda sub-electrode part having a shape corresponding to a shape of the large-area discharge protrusion (170 electrically part of the electrode as in par. [0061]), wherein the sub-electrode part protrudes from the main electrode part and protrudes into the large-area discharge protrusion (170 protrudes from 115 into the large-area discharge protrusion), and the main electrode part has a disk shape and includes a through hole through which a gas discharge part passes (115 has a cross sectional disc shape and a hole for the gas inflow as in at least Fig. 6).
Regarding claim 24, Truckai teaches wherein the device body includes: a probe coupling part to which the probe part is coupled, and a cable support member supporting a cable module (Fig. 7).
Regarding claim 25, Truckai teaches wherein the cable module includes at least one of a power cable for supplying power (cable leading to RF source 103a), a gas supply hose for supplying background gas (cable leading to gas source and controller 140a-b), and a plasma suction pipe for suctioning and recovering the plasma and the gas (pipe leading to vacuum source 145), used by being generated in the plasma generation module (Fig. 7).
Regarding claim 26, Truckai teaches wherein the cable module is provided as a bundle (Fig. 7).
Regarding claim 27, Truckai taches wherein the probe part has an outer diameter and a length which enable the probe part to be inserted into the vagina of the human body (as in at least Fig. 8a with probe).
Regarding claim 28, Truckai teaches wherein a coupling part in close contact with and coupled to the device body is formed at one end of the probe part (coupling part coupling device body 120 to probe 170).
Regarding claim 29, Truckai teaches wherein a coupling part for coupling the probe part with the plasma generation module is formed at the other end of the probe part (120 coupled to 140a via source as in par. [0054]).
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) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Truckai in view of Fischer (US 2012/0172,874).
Regarding claim 16, Truckai is not explicit wherein the large-area discharge protrusion has a conical shape in which an outer diameter is decreased toward its end.However, Fischer teaches a conical shape for a large area discharge protrusion (Fig. 1, element 4a).
It would have been obvious to one of ordinary skill in the art to modify Truckai with the shape of Fischen to allow for different gas dispersal patterns (par. [0051]).
Response to Arguments
Applicant's arguments filed 4/6/26 have been fully considered but they are not persuasive.
Applicant argues that Truckai does not teach the claims as amended, including the main electrode part has a disk shape. However, a new interpretation of Truckai has been made, with the associated electrically connected elements of electrode 215 considered as part of the electrode (at least par. [0061]), such that elements such as 170 are part of the electrode, to including a disk shape and through hole.
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 BO OUYANG whose telephone number is (571)272-8831. The examiner can normally be reached M-F 8-5 EST.
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/BO OUYANG/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
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