DETAILED ACTION
A complete action on the merits of pending claims 1-20 appears below.
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 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.
(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.
Claims 1, 3-10, 14, and 16-20 ae rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lichter US 20220361942.
Regarding claim 1, Lichter teaches the end effector (Fig. 2b basket 40) comprising: a plurality of elongated support members extending along a longitudinal axis of the end effector (Fig. 2a splines 44) and configured to expand from the longitudinal axis (Fig. 2b), each of the plurality of elongated support members comprising an electrode landing region (Fig. 2b where electrode 54 is on sleeve 66 between 56s), the electrode landing region comprising a first surface facing away from the longitudinal axis (Annotated Fig. 7) and at least one extension extending from the first surface and curving toward the longitudinal axis (Annotated Fig. 7); and an electrode coupled to the first surface (Figs. 2b and 5 electrode 54).
Regarding claim 3, Lichter teaches the plurality of elongated support members being coupled to each other at a proximal end of the end effector (Fig. 2b 50) and at a distal end of the end effector (Fig. 2b 48).
Regarding claim 4, Lichter teaches the electrode landing region comprising a contiguous outer surface such that the contiguous outer surface comprises the first surface and a curved outer surface of each extension of the at least one extension and such that at portion of the curved outer surface of each extension of the at least one extension faces the longitudinal axis (Annotated Fig. 7).
Regarding claim 5, Lichter teaches the contiguous outer surface comprising a P-shaped or B-shaped profile (Fig. 7 each side of 66 makes a general B-shape).
Regarding claim 6, Lichter teaches the at least one extension further curving to overlap a portion of a second surface of the electrode landing region, the second surface facing toward the longitudinal axis and opposite the first surface (Annotated Fig. 7).
Regarding claim 7, Lichter teaches the at least one extension comprising a pair of extensions symmetrically extending on either side of the electrode landing region (Annotated Fig. 7).
Regarding claim 8, Lichter teaches the at least one extension being folded at least 180° such that an end of the at least on extension approaches a second surface of the electrode landing region, the second surface facing toward the longitudinal axis and opposite the first surface (Annotated Fig. 7 extensions attach two parallel surfaces making the extensions have a 180° turn).
Regarding claim 9, Lichter teaches the at least one extension forming a pocket across a portion of a second surface of the electrode landing region (Fig. 7 lumen 62), the second surface facing toward the longitudinal axis and opposite the first surface (Annotated Fig 7).
Regarding claim 10, Lichter teaches further comprising: an electrical component comprising a portion positioned within the pocket (Fig. 7 wires 70 in 62).
Regarding claim 14, Lichter teaches a flex circuit coupled to the first surface of the electrode landing region (Fig. 7 wires 70) and comprising an electrode metallization layer parallel to the first surface and exposed to ambient environment (Fig 7 and par. [0032] electrical connection between wires 70 and electrodes 54).
Regarding claim 16, Lichter teaches further comprising: an insulated wire (par. [0035] 66 is made of plastic, Fig. 7 wire 70 inside of 66) coupled to the flex circuit (par. [0032] electrodes and wires are portions of a circuit) and in electrical communication with the electrode metallization layer (par. [0032] coupling of wire 70 with electrode), the insulated wire being positioned facing a second surface of the electrode landing region, the second surface facing toward the longitudinal axis and opposite the first surface (Annotated Fig. 7 since wire 70 is inside of spline 44 it is facing every surface).
Regarding claim 17, Lichter teaches an insulated jacket covering a portion of the electrode landing region (par. [0035] 66 is made of plastic) and providing an opening to expose the electrode (Fig. 2b electrode 54) and extending over a portion of a flex circuit (Fig. 7 wires 70 are inside of 66).
Regarding claim 18, Lichter teaches each of the plurality of elongated support members comprising a substantially uniform thickness over a majority of the length of the end effector (Fig. 7 and par. [0035] the entire thing is made out of the same sleeve).
Regarding claim 19, Lichter teaches each of the plurality of elongated support members comprising a distal extension extending distally from the electrode landing region and a proximal extension extending proximally from the electrode landing region, and the electrode landing region comprising a height measured orthogonal to the longitudinal axis from the first surface to an opposite surface of the at least one extension such that the height is greater than a first thickness of the distal extension and such that the height is greater than a second thickness of the proximal extension (Figs. 4 and 5 the electrode landing region is between the outlets 56 the proximal and distal extension thicknesses are where outlets 56 are, this would make the thickness of the proximal and distal extension less since there is a cutout for the outlets 56).
Regarding claim 20, Lichter teaches each of the plurality of elongate support members being formed from a substantially planar sheet cut (product by process limitation a sheet that is cut and rolled or a tube ends up with the same end product) such that the electrode landing region comprises a first width, a distal extension extending distally from the electrode landing region comprises a second width less than the first width, and a proximal extension extending distally from the electrode landing region comprises a third width less than the first width and approximately equal to the second width (Figs. 4 and 5 the electrode landing region is between the outlets 56 the proximal and distal extension widths are where outlets 56 are, this would make the width of the proximal and distal extension less since there is a cutout for the outlets 56).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
Claims 2, 11-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lichter in view of Govari US 20210177355.
Regarding claims 2, 11-13, and 15, Lichter teaches the flex circuit further being coupled to the at least one extension (Fig. 7 wires 70 within 66) and curving toward the longitudinal axis (Fig. 2b wires within 44 bend to create the basket) parallel to the at least one extension (Annotated Fig. 7 extension and wires 70 are parallel).
Lichtner does not explicitly teach an inductive coil comprising an insulated wire strand wound about an axis of the inductive coil and the inductive coil spirals about a sensor axis orthogonal to the longitudinal axis and parallel to the first surface.
Govari, in an analogous device, teaches coil sensors that are attached to wires (Fig. 2 inductive sensors 62) and are covered with an insulative coating (par. [0029]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the device to Lichter to have inductive coils, as in Govari. The inductive coils give the advantage of knowing the location and orientation of the end effector (Govari par. [0024]).
[AltContent: textbox (First Surface)]Annotated Figures
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN T. CLARK whose telephone number is (408)918-7606. The examiner can normally be reached Monday-Friday 7AM-3PM MT.
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/R.T.C./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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