DETAILED ACTION
Applicant's amendments and remarks, filed 5/15/26, are fully acknowledged by the Examiner. Currently, claims 1-17 are pending with claims 16-17 added, and claim 8 amended. Applicant's amendment to claim 8 has overcome the previously filed 35 USC 112(b) rejection. The following is a complete response to the 5/15/26 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) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Atwell (US 2021/0259756).
Regarding claim 1, Atwell teaches a plasma instrument for influencing biological tissue (10), comprising:
a longitudinal body configured as a hose or a tube comprising a distal end and a proximal end (12 tube having a distal and proximal end as in at least par. [0028]), a lumen extending along a longitudinal direction from the distal end to the proximal end (lumen 18), and configured to be connected to a gas source (par. [0043]), a head connected to the distal end (20), and the head comprising two openings connected to the lumen such that the two openings separated from one another by a web (openings 54 separated by 26), which has a cross-section tapering outwardly in a radial direction (as in at least Fig. 1).
Regarding claim 2, Atwell teaches comprising an electrode arranged in the longitudinal body or the head (32), and the electrode is configured to be connected to an electrosurgical generator by an electrical conductor extending toward the proximal end (electrode connects to wire 62 as in at least par. [0042] to provide current).
Regarding claim 3, Atwell teaches an electrode has a diameter (diameter of 32) and the web has a width (26 with a width as in Fig. 1) at a side facing the electrode, wherein the width is smaller than the diameter of the electrode (width of 26 at one section of four is smaller than the diameter of electrode 32).
Regarding claim 4, Atwell teaches wherein the electrode has a circular cross section (Fig. 3, cross section of 32 is circular).
Regarding claim 5, Atwell teaches wherein the web has a planar, convex, or concave shape at a side facing the electrode (web 26 with planar shape facing 32).
Regarding claim 6, Atwell teaches wherein the cross-section of the web is trapezoid-shaped or triangular (triangular cross sections as in at least Fig. 4).
Regarding claim 7, Atwell teaches wherein the cross-section of the web comprises rounded corners (at least Fig. 4 with some corners rounded).
Regarding claim 8, Atwell teaches wherein the web and the openings have widths (webs and openings have given widths), respectively, in a circumferential direction that is orientated orthogonal to the longitudinal direction as well as to the radial direction (at least Figs. 1-4), wherein the width is larger than the width of the web (opening 22 have widths that are larger than the widths of webs 26 close to the radial center).
Regarding claim 9, Atwell teaches that the head is seamlessly monolithically formed from a temperature-resistant material (par. [0029], [0030] proximal portion 26 of tip 20 made of ceramic).
Regarding claim 10, Atwell teaches wherein the openings formed in the head form a perimeter extending around the entire head (openings 54 around the entire perimeter).
Regarding claim 11, Atwell teaches wherein the web is orientated obliquely to the longitudinal direction (web 26 oriented obliquely to the longitudinal direction as in at least Fig. 3).
Regarding claim 12, Atwell teaches comprising multiple webs arranged between the openings, which are inclined in circumferential direction (webs as 26) with alternating sense of direction (webs in four quadrants of different direction about a center as in at least Fig. 4).
Regarding claim 13, Atwell teaches wherein the openings are configured in a manner tapering in longitudinal direction (tapering as in at least Fig. 2) with alternating sense of direction (openings in four quadrants of different direction about a center as in at least Fig. 4).
Regarding claim 14, Atwell teaches wherein the openings are configured such that a portion of one opening overlaps with a portion of an adjacent opening in circumferential direction and in longitudinal direction (openings overlapping in the center as in at least Fig. 4 in a circumferential and longitudinal direction).
Regarding claim 15, Atwell teaches that the openings are trapezoid- or triangular-shaped with rounded corners (openings 22 between 26 as in Fig. 2 rounded as 26 is rounded).
Regarding claim 16, Atwell teaches wherein the web has the cross-section tapering outwardly in a radial direction between the two openings (Fig. 1 with web tapering outwardly).
Regarding claim 17, Atwell teaches wherein the web has side surfaces, the side surfaces enclosing an acute angle opening toward a longitudinal center axis of the lumen (54 defining side surfaces that create an acute angle toward a center axis as in Fig. 1).
Response to Arguments
Applicant's arguments filed 5/15/26 have been fully considered but they are not persuasive. Applicant argues that Atwell does not teach a web with a cross-section tapering outwardly in a radial direction, but rather expands outwardly. However, a broad and reasonable interpretation of tapering outwardly would be widening, or a reverse taper. Examiner suggests amending to get away from this definition.
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 BO OUYANG whose telephone number is (571)272-8831. The examiner can normally be reached M-F 8-5 EST.
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, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BO OUYANG/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
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