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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-12 in the reply filed on 5/22/2026 is acknowledged.
Claim Objections
Claim 10 is objected to because of the following informalities: in line 5, “parameters to at a subsequent insertion position” should read --parameters to a subsequent insertion position--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regards to claim 1, the phrase “led by processing error occurred in a manufacturing process” is vague. The scope of “led by” is vague because it is unclear how a “processing error” can “lead” anything, and this appears to be a translation error from the parent application. For purposes of considering prior art, the examiner is considering the claim to have a meaning of “caused by a processing error of the insert that occurred in a manufacturing process,” and such language would obviate this rejection.
The remaining claims are rejected by virtue of their dependency.
Allowable Subject Matter
Claims 1-12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art is to Berube (US 2010/0262135). Although Berube generally discloses an RF therapy device with an RF generator, an insert with an RF electrode, and sensor for measuring impedance while the RF energy is being transferred to body tissue (Fig. 2A; pars. 0040, 0153, 0162, 0190), Berube does not, alone or in combination with the remaining prior art, disclose or fairly render unpatentable the combination of elements including an identifier to identify information about an electrical characteristic of the RF electrode caused by a processing error of the insert that occurred in a manufacturing process. As set forth in Applicant’s disclosure, this is intended to account for the varying impedances of very small needle electrodes that can arise due to manufacturing defects (par. 51). The prior art does not disclose an identifier to identify information about an electrical characteristic of the RF needle electrode in such a situation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W KAHELIN whose telephone number is (571)272-8688. The examiner can normally be reached M-F, 8-5.
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, Benjamin Klein can be reached at (571)270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL W KAHELIN/Primary Examiner, Art Unit 3792
Prosecution Insights