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 Objections
Claim 13 is objected to because of the following informalities: “the electrically conductive body” should read “an electrically conductive body”. Appropriate correction is required.
Allowable Subject Matter
Claim 9 is 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. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record, taken alone or in combination, fails to disclose or render obvious the claimed length. The closest relevant prior art of record, Kneeland (U.S. Patent # 5,574,815), fails to teach or suggest the claimed length.
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.
Claims 1, 3 – 8, 10 – 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kneeland (U.S. Patent # 5,574,815).
In Re claims 1, 5, 6, 14 and 15, ‘815 teaches a cable assembly for an electrosurgical instrument, comprising an inner conductive layer (16 or 36 and/or 38), an outer conductive layer (28) arranged coaxially with the inner conductive layer, a dielectric layer (22) separating the inner conductive layer and the outer conductive layer (fig. 2), and an optical fibre (12) for transmitting electromagnetic radiation in the ultraviolet spectrum, the visible spectrum, and/or in the infrared spectrum (col. 15, line 55, 850 – 1300 nm), a combiner (74 or 46 and 74) including a common transmission line section (CTL as annotated below), a first transmission line section (1st TL as annotated below), and a second transmission line section (2nd TL as annotated below), wherein the inner conductive layer, the dielectric layer, and the outer conductive layer form a coaxial cable providing a transmission line for conveying radiofrequency and/or microwave radiation (col. 18, lines 63 – 67), wherein the inner conductive layer surrounds the optical fibre, wherein the inner conductive layer and the optical fibre are bonded to each other (col. 8, lines 27 – 32), wherein an input (left side) of the common transmission line section is in communication with outputs of the first transmission line section (right side of 1st TL) and the second transmission line section (right side of 2nd TL), and wherein the first transmission line section includes a first optical fibre section (left part of fiber 12 within 1st TL) connected to a common optical fibre section (right part of fiber 12 within 1st TL) and configured to be connected to a light source (inherently supplying the 850 – 1300 nm wavelengths); a silver coating as claimed (38, col. 12, lines 22 – 25).
[AltContent: arrow] CTL 1st TL 2nd TL
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In Re claims 3 and 4, ‘815 teaches in col. 9, lines 2 – 17 a core, cladding, and diameters as claimed.
In Re claim 7, ‘815 teaches wherein the common transmission line section includes a common optical fibre section (middle part of CTL) connected to the optical fibre, a common inner conductor (38) connected to the inner conductive layer, and optionally a common outer conductor connected to the outer conductive layer, and/or
the first transmission line section includes a first outer conductor connected to the common outer conductor, and/or
the second transmission line section includes a second inner conductor (38) connected to the common inner conductor and configured to be connected to an external radiofrequency and/or
microwave energy source, a second dielectric portion electrically insulating the second inner conductor, and optionally a second outer conductor connected to the common outer conductor (as seen in annotated fig. above).
In Re claim 8, ‘815 teaches body as claimed (72, col. 16, lines 23 – 27).
In Re claim 10, ‘815 teaches only 16 (fig. 2) thus no additional first inner conductor.
In Re claim 11, ‘815 teaches wherein the common transmission line section includes a common dielectric portion (22) and the first transmission line section includes a first dielectric portion (22) arranged between the first optical fibre section and the first outer conductor (as seen in fig. above) , wherein the common dielectric portion, the first dielectric portion, and/or the second dielectric portion include solid polytetrafluoroethylene (PTFE), wherein optionally the dielectric layer includes expanded PTFE (col. 11, lines 56 – 57).
In Re claim 12, ‘815 teaches a choke (left side opening of 42, fig. 4 or opening of 72) for preventing propagation of radiofrequency and/or microwave radiation, wherein the at least one choke is connected (at least indirectly) to the first transmission line section.
In Re claim 13, ‘815 teaches wherein the choke includes a cavity (opening in 72) within an electrically conductive body (72) which is in fluid connection with a first outer conductor (46 as it conducts at least thermal energy to some degree).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kneeland (U.S. Patent # 5,574,815).
‘815 teaches the assembly of claim 1 and adhering the inner conductive layer to the optical fiber (col. 8, lines 27 – 32), but is silent to wherein the inner conductive layer and the optical fibre are bonded to each other by a chemical bond, optionally by a molecular bond.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a chemical bond as the means for adhering the inner conductive layer to the optical fiber as claimed so as to ensure a more robust assembly the inner conductive layer to the optical fiber.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD SMITH whose telephone number is (571)270-1294. The examiner can normally be reached M-F 7:30 - 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 1-571-272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAD H SMITH/ Primary Examiner, Art Unit 2874