DETAILED ACTION
This action is in response to preliminary amendments received on 3/28/2024. Claims 1-17 were originally filed. Claim 15 has been amended. A complete action on the merits of claims 1-17 follows 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 Objections
Claims 1, 3, 6, 8-11 and 15 are objected to because of the following informalities:
The first recitation of “first, second, and third heating elements” in each of independent claims 1 and 8 should be amended to recite --a first heating element, a second heating element and a third heating element--. Thereon after each recitation in claims 1, 3, 6, 8 and 11 should be amended to recite --the first heating element, the second heating element and the third heating element--.
“to the facilitate energy delivery console” in claim 9 should be amended to take “the” out to recite --to facilitate energy delivery console--.
“the first and second TRS connector jacks” in claim 10 should be amended to recite --the first TRS connector jack and the second TRS connector jack--.
“the first and second connector jacks” in claim 15 should be amended to recite --the first connector jack and the second connector jack--. 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 1-17 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation “the heated catheter comprising first, second, and third heating elements being serially connected with a first number of connections to supply the energy to different configurations of the first, second, and third heating elements”. It is unclear how many first number of connections there are and in what relation they are connected to the first, second and third heating elements in order “to supply the energy to different configurations of the first, second, and third heating elements.” It is unclear what is meant by “different configurations of the first, second and third heating elements” and how the heated catheter comprising first, second, and third heating elements being serially connected with a first number of connections can result in the energy being supplied in different configurations. Clarification and appropriate correction is required.
Furthermore, claim 1 recites the limitation “the hub including a pair of polarity reversing diodes configured to drive the first, second, and third heating elements of the heated catheter with a second number of connections disposed between the energy delivery console and the heated catheter, the second number of connections being one less than the first number of connections”. It is unclear what is meant by “a pair of polarity reversing diodes” and how they are coupled/connected/related to the first, second and third heating elements of the heated catheter. It is further unclear how they are connected to both “a first number of connections” and “a second number of connections being one less than the first number of connections”. Clarification and appropriate correction is required.
Furthermore, claim 4 recites the limitation “the hub further comprises: a memory integrated circuit configured to store operation data of the catheter assembly to facilitate energy delivery console identifying a configuration of the second number of connections; and a thermocouple reference switch to provide a switchable signal to the energy delivery console”. First, there is insufficient antecedent basis for “the catheter assembly” limitation in the claim. It is unclear what catheter assembly is being referred to since no catheter assembly has been introduced prior to this recitation. Next, it is unclear it is unclear how a memory can (on its own) facilitate energy delivery console identifying a configuration of the second number of connections. Finally, it is unclear how “a thermocouple reference switch to provide a switchable signal to the energy delivery console” adds or is in any way related to the invention of claim 1 when no thermocouples have been introduced in any relationship to the first, second and third heating elements. It is unclear if this structure is related to the memory and how it facilitates energy delivery console identifying a configuration of the second number of connections or not. Clarification and appropriate correction is required.
Each of claims 7 and 9 recite the limitation "the catheter assembly". There is insufficient antecedent basis for this limitation in the claim. Since no catheter assembly has been introduced prior to this recitation, it is unclear what catheter assembly is being referred to. It is noted that a heated catheter has been previously introduced; however, it is unclear if the two are the same or not. Clarification and appropriate correction is required.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: claim 8 recites “the hub comprising :a tip, ring, and sleeve (TRS) connector jack configured to provide a number of terminals to a corresponding TRS connector plug of the energy delivery console; and a pair of polarity reversing diodes connected to one of the terminals, the hub configured to drive first, second, and third heating elements of the heated catheter with a number of connection points, the number of connection points being one more than the number of terminals”. It is unclear how the connection points are related to the first, second and third heating elements and therefore how the hub drives each of the first, second and third heating elements with a number of connection points, where the number of connection points are one more than the number of terminals. It is further unclear how “a pair of polarity reversing diodes connected to one of the terminals” is related to the first, second and third heating elements and to the connection points and the terminals. Clarification and appropriate correction is required.
Claim 9 recites the limitation “a memory integrated circuit configured to store operation data of the catheter assembly to the facilitate energy delivery console identifying a configuration of the connection points; and a thermocouple reference switch to provide a switchable signal to the energy delivery console”. It is at most unclear how the energy delivery console identifies “a configuration of the connection points”, it is also unclear how and where “a thermocouple reference switch” is positioned and what element or structure it provides “a switchable signal to the energy delivery console” and if this switching signal plays a role in the console identifying the configuration of the connection points or not. Clarification and appropriate correction is required.
Claim 10 recites the limitation “the TRS connector jack is a first TRS connector jack, and wherein the hub further comprises a second TRS connector jack configured to electrically couple the memory integrated circuit and the thermocouple reference switch to a corresponding second TRS connector plug of the energy delivery console, the first and second TRS connector jacks configured to inhibit incorrect insertion into the energy delivery console”. It is noted that claim 10 ultimately depends on claim 8, which introduces the limitation of “the hub comprising: a tip, ring, and sleeve (TRS) connector jack configured to provide a number of terminals to a corresponding TRS connector plug of the energy delivery console”. It appears that the hub only includes a single tip, ring, and sleeve (TRS) connector jack that is configured to provide a number of terminals to a corresponding TRS connector plug (single plug) of the energy delivery console thereby, it is therefore unclear how a second TRS connector jack fits in the system and/or is configure to provide any number of terminals to any corresponding TRS connector plugs. If ultimately two of each is needed to operate the system, it is suggested to amend claim 8 to introduce at least one TRS connector jack and at least one TRS connector plug of the energy delivery console in order to further limit the at least ones to be two in claim 10. Clarification and appropriate correction is required.
Claim 11 recites the limitation “the energy delivery console is configured to select between the different configurations of the first, second, and third heating elements by switching different electrical states to the terminals”. It is unclear if the switching is performed by the thermocouple reference switch introduced in claim 9 or different switches that have not been introduced. It is also unclear how the energy delivery console selects between the different configurations and if this step is performed automatically or the energy delivery console is configured to allow a user to select the option. Clarification and appropriate correction is required.
Claim 12 recites the limitation “the first TRS connector jack is a 6.3mm TRS connector jack” and claim 13 recites the limitation “the second TRS connector jack is a 3.5mm TRS connector jack”. It is noted that claim 13 depends from claim 12, which depends on claim 9 and claim 8, neither of which introduce a first TRS connector jack nor a second TRS connector jack. It is at most unclear what first and second TRS connector jacks are being referred to. Claim 8 introduces “a tip, ring, and sleeve (TRS) connector jack”. Clarification and appropriate correction is required.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: Claim 14 recites the limitation “a first connector jack configured to provide a first input electrical connection and a second input electrical connection to provide power for the heating catheter … a third heating element connection … and a second connector jack configured to pass through communication signals between the heating catheter and the energy delivery console”. Without having a third heating element claimed, it is unclear what element or heating elements the “third heating element connection” is coupled to or able to provide energy to. Furthermore, it is at most unclear how the second connector jack is related to the connector assembly and the heating catheter comprising the first, second and third heating elements since the first connector jack is claimed to provide a first input electrical connection and a second input electrical connection to provide power for the heating catheter; thereby it is unclear how a second connector jack is configured to pass through communication signals between the heating catheter and the energy delivery console. It is unclear if the first and second connector jacks are coupled together and if the second connector jack includes the distinct inputs to couple to the first and second input electrical connection to provide power for the heating catheter or not. Clarification and appropriate correction is required.
Claims 2-3, 5-6 and 15-17 are rejected due to dependency over a rejected claim.
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.
Claims 1-12, 14-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Esch at al. (US Pub. No. 2015/0272654) in view of Novak (US Pub. No. 2004/0172015).
Regarding Claim 1, Esch teaches an energy delivery system 100 (abstract and Figs. 1-2), comprising:
an energy delivery console 104 ([0042]); a heated catheter 102 configured to connect to and receive energy from the energy delivery console ([0042]), the heated catheter 102 comprising first, second, and third heating elements (each of sections “d” is here interpreted to be a heating element, multiple heating elements shown in Fig. 2 and discussed in [0043]) being serially connected with a first number of connections to supply the energy to different configurations of the first, second, and third heating elements ([0043]-[0045]); and
a hub (“handle or connector hub” [0062]) disposed within or attached to the heated catheter 102, the hub including a pair of [polarity reversing] diodes configured to drive the first, second, and third heating elements of the heated catheter with a second number of connections disposed between the energy delivery console and the heated catheter (“the circuitry connected to the TRS connector plug and/or jack includes one or more diodes in an arrangement to prevent shorting between the tip and ring contacts from damaging the catheter or energy delivery device” [0082]) and although Esch teaches “the active heating length could be selectable from 1 cm to 10 cm). In this example, a user (e.g., doctor, surgeon, etc.) could select a heating length as small as d (e.g., 1 cm) up to a length of D (e.g., 10 cm), for example, by selecting a switch on heating catheter 102 or energy delivery console 104” in [0043], does not teach the diodes are polarity reversing diodes and the second number of connections being one less than the first number of connections.
In the same field of invention, Novak teaches a switching circuit such that “the signal coding means have a first diode, assigned to the first switch, and a second diode, assigned to the second switch, the first and second diodes being connected to the control signal line with reversed polarity” in [0025] and further teaches the “operating modes is particularly advantageous within the scope of the present invention because these two diodes connected with mutually reversed polarity and in parallel with one another suffice to activate the third operating mode via the third switch by virtue of the fact that actuating the third switch enables the flow of current through both diodes simultaneously” in [0026]. Thereby, the second number of connections are one less than the first number of connections (see Fig. 4, [0012]-[0015] and [0026]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the current invention to use polarity reversing diodes in the design of the switching circuit of Esch in order to allow three distinct switching modes with the same components as Novak teaches.
Regarding Claim 2, Esch teaches wherein the hub further comprises a tip, ring, and sleeve (TRS) connector jack configured to electrically couple the second number of connections to a corresponding TRS connector plug of the energy delivery console ([0067]-[0082], [0147] and Figs. 13, 36B and 42A-D).
Regarding Claim 3, Esch teaches wherein the energy delivery console further comprises a switching circuity to select between the different configurations of the first, second, and third heating elements based on switching different electrical states to the second number of connections ([0043] of Esch and [0026] of Novak).
Regarding Claim 4, Esch teaches wherein the hub further comprises: a memory integrated circuit configured to store operation data of the catheter assembly to facilitate energy delivery console identifying a configuration of the second number of connections (“Heating catheter 102 may also have a memory module to store information such as device identification and operating parameters for energy delivery console 104, device-specific calibration information and past record of testing and/or product use. This memory module may also be integrated into a microprocessor, control engine, or CPU 600” [0064], also see [0151]-[0152] and [0163]-[0165]); and a thermocouple reference switch to provide a switchable signal to the energy delivery console ([0063]-[0064] and [0067]).
Regarding Claim 5, Esch teaches wherein the hub further comprises: a first TRS connector jack having a first physical configuration configured to electrically couple the second number of connections to a corresponding first TRS connector plug of the energy delivery console ([0067]-[0082], [0137], [0147] and Figs. 13, 36B and 42A-D); and a second TRS connector jack having a second physical configuration configured to electrically couple the memory integrated circuit and the thermocouple reference switch to a corresponding second TRS connector plug of the energy delivery console, the second physical configuration different than the first physical configuration (Figs. 6 and 14C show different lines of communications between the console and the catheter comprising a separate coupling means for “communication” which includes the memory and thermocouple as disclosed in [0064] as well as a separate communication means for coupling the power to the heating elements, see [0295]-[0296]). Although it appears that a single plug couples the distinct wire communications between the catheter and the console as shown in Figs. 13, 36B and 42A-D and not two physically separate plugs, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use two separate plugs, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding Claim 6, Esch teaches wherein the energy delivery console further comprises a switching circuity to select between the different configurations of the first, second, and third heating elements based on switching which electrical connections are coupled to the second number of connections ([0043] of Esch and also see [0026] of Novak).
Regarding Claim 7, Esch teaches wherein the hub and the catheter assembly include corresponding connectors to detachably connect to each other ([0067]-[0082], [0147] and Figs. 13, 36B and 42A-D).
Regarding Claim 8, Esch teaches a hub (“handle or connector hub” [0062]) to interface between a heated catheter 102 and an energy delivery console 104 (abstract and Figs. 1-2), the hub comprising:
a tip, ring, and sleeve (TRS) connector jack ([0067]-[0082], [0147] and Figs. 13, 36B and 42A-D) configured to provide a number of terminals to a corresponding TRS connector plug of the energy delivery console ([0070]-[0082]); and
the hub configured to drive first, second, and third heating elements of the heated catheter with a number of connection points (“the circuitry connected to the TRS connector plug and/or jack includes one or more diodes in an arrangement to prevent shorting between the tip and ring contacts from damaging the catheter or energy delivery device” [0082]) and although Esch teaches “the active heating length could be selectable from 1 cm to 10 cm). In this example, a user (e.g., doctor, surgeon, etc.) could select a heating length as small as d (e.g., 1 cm) up to a length of D (e.g., 10 cm), for example, by selecting a switch on heating catheter 102 or energy delivery console 104” in [0043], does not teach a pair of polarity reversing diodes connected to one of the terminals and the number of connection points being one more than the number of terminals.
In the same field of invention, Novak teaches a switching circuit such that “the signal coding means have a first diode, assigned to the first switch, and a second diode, assigned to the second switch, the first and second diodes being connected to the control signal line with reversed polarity” in [0025] and further teaches the “operating modes is particularly advantageous within the scope of the present invention because these two diodes connected with mutually reversed polarity and in parallel with one another suffice to activate the third operating mode via the third switch by virtue of the fact that actuating the third switch enables the flow of current through both diodes simultaneously” in [0026]. Thereby, the number of connection points being one more than the number of terminals (see Fig. 4, [0012]-[0015] and [0026]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the current invention to use polarity reversing diodes in the design of the switching circuit of Esch in order to allow three distinct switching modes with the same components as Novak teaches.
Regarding Claim 9, Esch teaches further comprising: a memory integrated circuit configured to store operation data of the catheter assembly to the facilitate energy delivery console identifying a configuration of the connection points (“Heating catheter 102 may also have a memory module to store information such as device identification and operating parameters for energy delivery console 104, device-specific calibration information and past record of testing and/or product use. This memory module may also be integrated into a microprocessor, control engine, or CPU 600” [0064], also see [0151]-[0152] and [0163]-[0165]); and a thermocouple reference switch to provide a switchable signal to the energy delivery console ([0063]-[0064] and [0067]).
Regarding Claim 10, Esch teaches wherein the TRS connector jack is a first TRS connector jack ([0067]-[0082], [0137], [0147] and Figs. 13, 36B and 42A-D), and wherein the hub further comprises a second TRS connector jack configured to electrically couple the memory integrated circuit and the thermocouple reference switch to a corresponding second TRS connector plug of the energy delivery console (Figs. 6 and 14C show different lines of communications between the console and the catheter comprising a separate coupling means for “communication” which includes the memory and thermocouple as disclosed in [0064] as well as a separate communication means for coupling the power to the heating elements, see [0295]-[0296]). Although it appears that a single plug couples the distinct wire communications between the catheter and the console as shown in Figs. 13, 36B and 42A-D and not two physically separate plugs, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use two separate plugs, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179, the first and second TRS connector jacks configured to inhibit incorrect insertion into the energy delivery console ([0070], [0149], [0255]-[0256] and [0263] and Figs. 13, 36B and 42A-D with each of the shapes and sizes of the plugs configured to fit into a corresponding receiving socket of the console thereby inhibiting incorrect insertion into the energy delivery console).
Regarding Claim 11, Esch teaches wherein the energy delivery console 104 is configured to select between the different configurations of the first, second, and third heating elements by switching different electrical states to the terminals ([0070]-[0082]).
Regarding Claim 12, Esch teaches wherein the first TRS connector jack is a 6.3mm TRS connector jack ([0082] and [0149]).
Regarding Claim 14, Esch teaches a connector assembly configured to electrically couple a heating catheter 102 having a short heating element 552 and a long heating element 554 to an energy delivery console 104 (Figs. 1-2 and 5B and [0056]), the connector assembly comprising:
a first connector jack ([0067]-[0082], [0147] and Figs. 13, 36B and 42A-D) configured to provide a first input electrical connection and a second input electrical connection to provide power for the heating catheter ([0058], [0070] and [0080]);
a second connector jack configured to pass through communication signals between the heating catheter and the energy delivery console (see the 112 rejection above as it is unclear how the second connector jack plays a role in the claimed invention, given the broadest reasonable interpretation, [0080] teaches different plugs may be used to couple the catheter to the console and Figs. 6 and 14C show different lines of communications between the console and the catheter comprising a separate coupling means for “communication” which includes the memory and thermocouple as disclosed in [0064] as well as a separate communication means for coupling the power to the heating elements, see [0295]-[0296]). Although it appears that a single plug couples the distinct wire communications between the catheter and the console as shown in Figs. 13, 36B and 42A-D and not two physically separate plugs, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use two separate plugs, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
however, does not specifically teach a pair of polarity reversing diodes electrically coupled to the first input electrical connection, the pair of polarity reversing diodes electrically coupling the first input electrical connection to a first heating element connection and a second heating element connection, the second input electrical connection being electrically coupled to a third heating element connection; and
In the same field of invention, Novak teaches a switching circuit such that “the signal coding means have a first diode, assigned to the first switch, and a second diode, assigned to the second switch, the first and second diodes being connected to the control signal line with reversed polarity” in [0025] and further teaches the “operating modes is particularly advantageous within the scope of the present invention because these two diodes connected with mutually reversed polarity and in parallel with one another suffice to activate the third operating mode via the third switch by virtue of the fact that actuating the third switch enables the flow of current through both diodes simultaneously” in [0026]. Thereby, the pair of polarity reversing diodes electrically coupling the first input electrical connection to three different configurations here interpreted to be a first heating element connection and a second heating element connection, the second input electrical connection being electrically coupled to a third heating element connection (see Fig. 4, [0012]-[0015] and [0026]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the current invention to use polarity reversing diodes in the design of the switching circuit of Esch in order to allow three distinct switching modes with the same components as Novak teaches.
Regarding Claim 15, Esch teaches wherein the first and second connector jacks are configured to inhibit incorrect insertion into the energy delivery console ([0070], [0149], [0255]-[0256] and [0263] and Figs. 13, 36B and 42A-D with each of the shapes and sizes of the plugs configured to fit into a corresponding receiving socket of the console thereby inhibiting incorrect insertion into the energy delivery console).
Regarding Claim 17, Esch teaches wherein the connector assembly and the heating catheter include corresponding connectors to detachably connect to each other ([0067]-[0082], [0089], [0147] and Figs. 13, 36B and 42A-D).
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Esch at al. in view of Novak as applied above and further in view of Waterman (US Pub. No. 2013/0196721).
Regarding Claim 13, Esch teaches the invention as applied above and although teaches different types of plugs can be used such as those shown in Figs. 42A-D, is silent in teaching wherein the second TRS connector jack is a 3.5mm TRS connector jack.
In the same field of TRS connector jack invention, Waterman teaches “a transceiver module with two male-type tip, ring, sleeve (TRS) connectors 232 and 234 for coupling the speaker and microphone to the aviation radio system. The TRS connector is a common analog audio connector that can also be called an audio jack, phone jack, phone plug, jack plug, stereo plug, mini-jack, mini-stereo, or headphone jack. Common sizes for a TRS connector are 1/4'' and 1/8'', though other sizes can be used” in [0046]. It would have been an obvious matter of design choice to use two separate TRS connector jacks of different sizes such as 1/4” (6.35 mm) and 1/8” (3.5mm), in order to separately couple different components into the console while preventing accidental connection into the wrong receiver, also a change in size is general recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 14, Esch teaches a connector assembly configured to electrically couple a heating catheter 102 having a short heating element 552 and a long heating element 554 to an energy delivery console 104 (Figs. 1-2 and 5B and [0056]), the connector assembly comprising:
a first connector jack ([0067]-[0082], [0147] and Figs. 13, 36B and 42A-D) configured to provide a first input electrical connection and a second input electrical connection to provide power for the heating catheter ([0058], [0070] and [0080]);
however, does not specifically teach a pair of polarity reversing diodes electrically coupled to the first input electrical connection, the pair of polarity reversing diodes electrically coupling the first input electrical connection to a first heating element connection and a second heating element connection, the second input electrical connection being electrically coupled to a third heating element connection;
In the same field of invention, Novak teaches a switching circuit such that “the signal coding means have a first diode, assigned to the first switch, and a second diode, assigned to the second switch, the first and second diodes being connected to the control signal line with reversed polarity” in [0025] and further teaches the “operating modes is particularly advantageous within the scope of the present invention because these two diodes connected with mutually reversed polarity and in parallel with one another suffice to activate the third operating mode via the third switch by virtue of the fact that actuating the third switch enables the flow of current through both diodes simultaneously” in [0026]. Thereby, the pair of polarity reversing diodes electrically coupling the first input electrical connection to three different configurations here interpreted to be a first heating element connection and a second heating element connection, the second input electrical connection being electrically coupled to a third heating element connection (see Fig. 4, [0012]-[0015] and [0026]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the current invention to use polarity reversing diodes in the design of the switching circuit of Esch in order to allow three distinct switching modes with the same components as Novak teaches.
a second connector jack configured to pass through communication signals between the heating catheter and the energy delivery console (see the 112 rejection above as it is unclear how the second connector jack plays a role in the claimed invention, given the broadest reasonable interpretation, [0080] teaches different plugs may be used to couple the catheter to the console and Figs. 6 and 14C show different lines of communications between the console and the catheter comprising a separate coupling means for “communication” which includes the memory and thermocouple as disclosed in [0064] as well as a separate communication means for coupling the power to the heating elements, see [0295]-[0296]). However, it appears that a single plug couples the distinct wire communications between the catheter and the console as shown in Figs. 13, 36B and 42A-D and not two physically separate connector jacks.
In the same field of TRS connector jack invention, Waterman teaches “a transceiver module with two male-type tip, ring, sleeve (TRS) connectors 232 and 234 for coupling the speaker and microphone to the aviation radio system. The TRS connector is a common analog audio connector that can also be called an audio jack, phone jack, phone plug, jack plug, stereo plug, mini-jack, mini-stereo, or headphone jack. Common sizes for a TRS connector are 1/4'' and 1/8'', though other sizes can be used” in [0046]. It would have been an obvious matter of design choice to use two separate TRS connector jacks of different sizes such as 1/4” (6.35 mm) and 1/8” (3.5mm), in order to separately couple different components into the console while preventing accidental connection into the wrong receiver, also a change in size is general recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 15, Esch in view of Waterman teaches wherein the first and second connector jacks are configured to inhibit incorrect insertion into the energy delivery console (waterman teaches the use of different sized connector jacks in [0046] and Fig. 7 thereby inhibiting incorrect insertion into the energy delivery console).
Regarding Claim 16, Esch in view of Waterman teaches wherein the first connector jack is a 6.3mm tip, ring, and sleeve (TRS) connector jack ([0082] and [0149]) and the second connector jack is a 3.5mm TRS connector jack ([0046] of Waterman).
Regarding Claim 17, Esch teaches wherein the connector assembly and the heating catheter include corresponding connectors to detachably connect to each other ([0067]-[0082], [0089], [0147] and Figs. 13, 36B and 42A-D).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Esch at al. in view of Novak as applied above and further in view of KRISHNAMOORTHY (US Pub. No. 2019/0014410).
Regarding Claim 13, Esch teaches the invention as applied above and although teaches different types of plugs can be used such as those shown in Figs. 42A-D, is silent in teaching wherein the second TRS connector jack is a 3.5mm TRS connector jack. In the same field of TRS connector jack invention, KRISHNAMOORTHY teaches “Audio jacks are manufactured in various sizes, most commonly, 6.35 mm, 3.5 mm, and 2.5 mm A 3.5 mm audio jack is referred to as a “mini” audio jack, and a 2.5 mm audio jack is referred to as a “sub-mini” audio jack” in [0019] and “6.35 mm audio jacks are common on home and professional component equipment, while 3.5 mm audio jacks are common for portable equipment” in [0020]. It would have been an obvious matter of design choice to use a TRS connector jack of 3.5mm, since such a modification would have involved a mere change in the size of a component. A change in size is general recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Conclusion
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/KHADIJEH A VAHDAT/Primary Examiner, Art Unit 3794