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 1 is objected to because of the following informalities: “skin surface surface” (line 38) should be –skin surface—. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: “the plasma treatment device according to claim 1 wherein one of the preceding claims” should be – the plasma treatment device according to claim 1—. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: “the high-voltage stage (15)” should be – the high-voltage stage—; in order to be consistent with the rest of the claims and as the high-voltage stage is introduced in claim 1 without a reference character. 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 5-6, & 8 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.
Claim 5 recites the limitation "the inserted position" in line 11. There is insufficient antecedent basis for this limitation in the claim. Claim 5 depends from claim 1, which does not introduce an inserted position; for examination purposes the examiner is considering the inserted position to be –an inserted position—. Claim 6 is rejected by virtue of its dependency on claim 5.
Claim 8 recites the limitation "the inserted position" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. Claim 8 depends from claims 1 & 7, which do not introduce an inserted position; for examination purposes the examiner is considering the inserted position to be –an inserted position—.
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.
Claims 1, 13, & 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeates (US 20210196340 A1), hereinafter “Yeates”.
Regarding claim 1, Yeates discloses a plasma treatment device for treating a skin surface containing living cells with a dielectric barrier plasma, comprising: a housing with a grip ([0046]; Figures 5 & 6—element 110); a treatment head arranged on the housing ([0047]; Figures 5 & 6—element 112); an electrode arrangement provided on the treatment head ([0047]; Figure 5—element 112), wherein the electrode arrangement comprises at least one electrode and a dielectric that completely covers the at least one electrode with respect to a skin surface to be treated, wherein said dielectric comprises a treatment surface, wherein said dielectric is configured with the at least one electrode such that the at least one electrode is engageable with the skin surface to be treated as a counter electrode to generate the dielectric barrier plasma ([0009] & [0047]; Figures 5 & 6—elements 114 & 116), and wherein the electrode arrangement is arranged in the housing such that is moveable ([0048]); a drive arrangement with at least one motor and at least one drive train positioned in the housing, wherein the at least one drive train is operatively connected with the electrode arrangement for motor driven movement ([0048]-[0050]; Figure 6—element 120; the actuator 120 may include be a servo motor or a stepper motor and may be coupled to the electrode arrangement 112 by one or more one or more gears, links, rack and pinion configurations, etc.; the examiner is considering the at least one drive train to be the coupling of the motor to the electrode arrangement (e.g. one or more gears, links, rack and pinion configurations, etc.)); and a high-voltage stage arranged in the housing for generating high-voltage signals for generating the dielectric barrier plasma ([0011] & [0049]; Figure 4—element 45 & Figure 6—element 122; the examiner is considering the high voltage stage to be the high-voltage unit 45 of the power supply 122, as evidenced by figure 4 the known power supply includes the high voltage unit 45), wherein said high-voltage stage is in electrical contact with or is configured to be brought into electrical contact with the at least one electrode of the electrode arrangement by a connection arrangement comprising at least one high-voltage supply line ([0011] & [0049]; Figure 4—element 45 & Figure 6—element 122; the examiner is considering the high voltage stage to be the high-voltage unit 45 of the power supply 122 and the connection arrangement/high-voltage supply line to be the connection between the high-voltage unit 45 and the electrode 114, as evidenced by figure 4 the known power supply includes the high voltage unit 45 in electrical communication with the DBD electrode; the examiner further notes the rest “or is configured to be brought into electrical contact” are in the alternative), wherein the at least one electrode is in electrical contact with or is configured to be brought into electrical contact with the high-voltage stage via the connection arrangement for generating the dielectric barrier plasma between the electrode and the skin surface surface to be treated when the skin surface to be treated is acting as the counter electrode ([0011] & [0049]; Figure 6—element 122; the examiner further notes the rest “or is configured to be brought into electrical contact” are in the alternative).
Regarding claim 13, Yeates discloses all of the limitations of claim 1, as described above.
Yeates further discloses wherein the high-voltage stage is connected to or configured to be connected to an external energy source ([0011] & [0049]; Figure 4—element 49; Figure 6—element 122; as evidenced by figure 4 the known power supply 122 includes the high voltage unit 45 that is connected to or configured to be connected to an external energy source 49).
Regarding claim 14, Yeates discloses all of the limitations of claim 1, as described above.
Yeates further discloses wherein the electrode arrangement is mounted in the housing in either a rotating manner, a rotationally oscillating manner, in a manner that allows for translational movement, and/or a manner that allows for vibrational movement ([0048]-[0050]; Figure 6—element 112; the electrode arrangement 112 is mounted in the housing in a rotating manner or in a manner that allows for translational movement; the examiner notes the rest are in the alternative).
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.
Claims 2 & 4 are rejected under 35 U.S.C. 103 as being unpatentable over Yeates in view of Wandke et al. (US 20200170098 A1), hereinafter “Wandke”.
Regarding claim 2, Yeates discloses all of the limitations of claim 1, as described above.
Yeates further discloses wherein the connection arrangement connects the at least one electrode to the high-voltage stage when the electrode arrangement is movably mounted on the housing in an inserted position ([0011], [0048], & [0049]; Figure 4—element 45 & Figure 6—element 122).
Yeates does not disclose wherein the electrode arrangement is detachably arranged or insertable on the housing.
Wandke teaches an electrode arrangement ([0031] & [0032]; Figure 1A—element 1), a housing ([0036]; Figure 1A—element 10), wherein the electrode arrangement is detachably arranged or insertable on the housing ([0006], & [0036]; Figure 1A—elements 1 & 10).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the connection between the electrode arrangement and the housing, as disclosed by Yeates, to include wherein the electrode arrangement is detachably arranged or insertable on the housing, as taught by Wandke, as both references and the claimed invention are directed toward electrode arrangements for generating a dielectric barrier discharge plasma. As disclosed by Yeates, the electrode arrangement can be mounted to the housing directly or indirectly in a number of suitable configurations ([0048]). As disclosed by Wandke, the electrode arrangement may be mounted to the housing by a releasable connection, such that the housing can be used with different electrode arrangements and sizes in order to provide treatment to areas of different sizes ([0006]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the connection between the electrode arrangement and the housing, as disclosed by Yeates, to include wherein the electrode arrangement is detachably arranged or insertable on the housing, as taught by Wandke, as such a modification would provide for a suitable and known configuration for mounting the electrode arrangement to the housing and further would allow for a releasable connection between the electrode arrangement and the housing such that the housing can be used with different electrode arrangements of various sizes to treat different sized areas.
Regarding claim 4, Yeates discloses all of the limitations of claim 1, as described above.
Yeates does not disclose at least one position sensor to detect an inserted position of the electrode arrangement in the housing, wherein the high-voltage stage is switched off unless the inserted position is detected by the at least one position sensor.
Wandke teaches an electrode arrangement ([0031] & [0032]; Figure 1A—element 1) coupled to a housing comprising a high-voltage stage ([0036] & [0040]; Figure 1A—element 10), and at least one position sensor to detect an inserted position of the electrode arrangement in the housing, wherein the high-voltage stage is switched off unless the inserted position is detected by the at least one position sensor ([0005], [0006], [0013], & [0052]; Figure 10—elements 44; optical reading instruments may sense when the electrode assembly is inserted into the housing).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the connection between the electrode arrangement and the housing, as disclosed by Yeates, to include the connection and at least one position sensor to detect an inserted position of the electrode arrangement in the housing, wherein the high-voltage stage is switched off unless the inserted position is detected by the at least one position sensor, as taught by Wandke, as both references and the claimed invention are directed toward electrode arrangements for generating a dielectric barrier discharge plasma. As disclosed by Yeates, the electrode arrangement can be mounted to the housing directly or indirectly in a number of suitable configurations ([0048]). As disclosed by Wandke, the electrode arrangement may be mounted to the housing by a releasable connection, such that the housing can be used with different electrode arrangements and sizes in order to provide treatment to areas of different sizes, the housing may comprise sensors to that determine when the electrode assembly is inserted into the housing so that the voltage supply can be controlled as a function of the recognized electrode assembly ([0005], [0006], [0013], & [0052]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the connection between the electrode arrangement and the housing, as disclosed by Yeates, to include the connection and at least one position sensor to detect an inserted position of the electrode arrangement in the housing, wherein the high-voltage stage is switched off unless the inserted position is detected by the at least one position sensor, as taught by Wandke, as such a modification would provide for a suitable and known configuration for mounting the electrode arrangement to the housing, would allow for a releasable connection between the electrode arrangement and the housing such that the housing can be used with different electrode arrangements of various sizes to treat different sized areas, and further would allow for the voltage supply to be controlled as a function of the recognized inserted electrode assembly.
Claims 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yeates in view of Wandke et al. (US 20200254270 A1), hereinafter “Wandke270”.
Regarding claim 3, Yeates discloses all of the limitations of claim 1, as described above.
Yeates does not disclose wherein the electrode arrangement is detachably arranged or insertable on the housing by a snap-on connection.
Wandke270 teaches an electrode arrangement connected to a housing for generating a dielectric barrier discharge plasma ([0023] & [0025]; Figures 1A & 1D—elements 1 & 2), wherein the electrode arrangement is detachably arranged or insertable on the housing by a snap-on connection ([0023]; Figure 1A—elements 1 & 2; the connection between the electrode arrangement 2 and the housing 1 is preferably a snap connection).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the connection between the electrode arrangement and the housing, as disclosed by Yeates, to include wherein the electrode arrangement is detachably arranged or insertable on the housing by a snap-on connection, as taught by Wandke720, as both references and the claimed invention are directed toward electrode arrangements for generating a dielectric barrier discharge plasma. As disclosed by Yeates, the electrode arrangement can be mounted to the housing directly or indirectly in a number of suitable configurations ([0048]). As disclosed by Wandke720, the connection between the housing and the electrode arrangement is preferably a snap connection, but can also be formed as screw connections, bayonet connections, or the like ([0023]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the connection between the electrode arrangement and the housing, as disclosed by Yeates, to include wherein the electrode arrangement is detachably arranged or insertable on the housing by a snap-on connection, as taught by Wandke720, as such a modification would provide for a known and suitable connection configuration for producing the predictable resulting of mounting the electrode arrangement on the housing.
Claims 5 & 6 are rejected under 35 U.S.C. 103 as being unpatentable over Yeates in view of Germain et al. (US 20180000534 A1), hereinafter “Germain”.
Regarding claims 5 & 6, as best understood in view of the 112(b) rejection above, Yeates discloses all of the limitations of claim 1, as described above.
Yeates further discloses wherein the at least one electrode is led out of the dielectric with an electrical connecting bolt on a rear side of the electrode arrangement opposite the treatment surface ([0047] & [0049]; Figure 6—element 114; the examiner is considering the connecting bolt to be the portion shown as projecting proximally from electrode 114 toward the actuator 120), and the electrode arrangement is movably mounted in the inserted position ([0049]-[0050]) (claim 5).
Yeates does not disclose wherein the electrical connecting bolt has a contact surface on an end section opposite the at least one electrode which engages with a counter contact that is in the housing, wherein the counter contact is electrically connected to the high-voltage stage for electrical contacting when the electrode arrangement in the inserted position (claim 5); wherein the electrical connecting bolt forms a form fit and/or force fit with at least one part of the at least one drive train that acts about the longitudinal axis of the electrical connecting bolt when the electrode arrangement is moveably mounted on the housing in the inserted position (claim 6).
Germain teaches an electrosurgical device comprising a movable electrode arrangement ([0032]; Figure 1—element 100) comprising an electrical connecting bolt ([0033]; Figure 4—element 118) and coupled to a housing comprising a high-voltage stage and at least one motor and drive train ([0032]; Figure 2—elements 112, 115, & 116), wherein the electrical connecting bolt has a contact surface on an end section opposite the at least one electrode which engages with a counter contact that is in the housing, wherein the counter contact is electrically connected to the high-voltage stage for electrical contacting when the electrode arrangement in the inserted position (claim 5) ([0043]; Figures 2 & 4—elements 205; electrical contacts 205 on the electrical connecting bolt 118 are configured to engage with corresponding electrical contacts in the receiving passageway 185 of the housing 112); wherein the electrical connecting bolt forms a form fit and/or force fit with at least one part of the at least one drive train that acts about the longitudinal axis of the electrical connecting bolt when the electrode arrangement is moveably mounted on the housing in the inserted position (claim 6) ([0036]; Figures 2 & 4—elements 155 & 160; the electrical connecting bolt 118 has a coupling 155 slot 158 that is configured to mate with drive train 160 of the motor drive unit 115 in the housing 112; the examiner is considering a mating connection to be a form fit connection).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the electrical connection of the electrode assembly including the connecting bolt to the high-voltage stage and the at least one drive train, as disclosed by Yeates, to include wherein the electrical connecting bolt has a contact surface on an end section opposite the at least one electrode which engages with a counter contact that is in the housing to electrically connect the electrode arrangement to the high-voltage stage and wherein the electrical connecting bolt forms a form fit and/or force fit with at least one part of the at least one drive train, as taught by Germain, as both references and the claimed invention are directed toward electrosurgical devices with reciprocating electrode arrangements. As disclosed by Yeates, the electrode arrangement is electrically coupled to the high-voltage stage and can be movably mounted to the housing, via a motor and drive train, directly or indirectly in a number of suitable configurations ([0011], & [0048]-[0050]). As disclosed by Germain, the electrode arrangement may be mounted to the housing and high voltage stage by a releasable connection such that the housing can be reused, as such the connecting bolt of the electrode arrangement may comprise an electrical contact that is configured to engage with corresponding electrical contacts of the housing in order to provide an electrical connection between the high-voltage stage and the electrode arrangement and the connecting bolt of the electrode arrangement may comprise a connecting portion with a slot that is configured to mate with the at least one drive train of the motor in order to provide movement to the electrode arrangement ([0032], [0036], & [0043]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the electrical connection of the electrode assembly including the connecting bolt to the high-voltage stage and the at least one drive train, as disclosed by Yeates, to include wherein the electrical connecting bolt has a contact surface on an end section opposite the at least one electrode which engages with a counter contact that is in the housing to electrically connect the electrode arrangement to the high-voltage stage and wherein the electrical connecting bolt forms a form fit and/or force fit with at least one part of the at least one drive train, as taught by Germain, as such a modification would provide for a suitable and known connection between the housing and the electrode arrangement that produces the predictable result of providing an electrical connection between the high-voltage stage and the electrode arrangement and a connection between the drivetrain and the electrode arrangement in order to provide movement to the electrode arrangement, and further would provide for a connection that allows for the housing to be reused.
Claims 7-9, 11, & 17 are rejected under 35 U.S.C. 103 as being unpatentable over Yeates in view of Wandke et al. (US 20150216026 A1), hereinafter “Wandke026”.
Regarding claims 7-9, as best understood in view of the 112(b) rejection above (claim 8), Yeates discloses all of the limitations of claim 1, as described above.
Yeates further discloses wherein the electrode arrangement in the treatment head comprises a flat carrier ([0047]; Figures 5-7—element 112; the electrode arrangement 112 appears to be flat) and an electrical connecting bolt is led out on a rear side of the flat carrier opposite the dielectric ([0047] & [0049]; Figure 6—element 114; the examiner is considering the connecting bolt to be the portion shown as projecting proximally from electrode 114 toward the actuator 120) (claim 7); wherein the flat carrier is connected in a torque-proof manner to at least one part of the at least one drive train when the electrode arrangement is mounted on the housing in the inserted position ([0048]-[0050]; Figures 6-7—element 112 & 120; the electrode arrangement 112 is movably mounted on the housing; the drive train 120 is coupled to the cold plasma generator to selectively position the cold plasma generator; it is the examiners position that the flat carrier 112 is connected in a torque-proof manner in order to maintain a flat/non-tilted profile during movement, as shown in Figure 7) (claim 8).
Yeates does not disclose the flat carrier to which the dielectric is fixed to a dielectric support and from which the electrical connecting bolt is led out (claim 7); wherein the flat carrier of the treatment head comprises a recess around the electrical connecting bolt on a rear side (claim 8); wherein the electrical connecting bolt is at least partially surrounded by an electrically insulating cover (claim 9).
Wandke026 teaches an electrode arrangement for generating a dielectric barrier plasma discharge comprising an electrode arrangement ([0016]; Figure 1—element 7) coupled to a housing ([0015]; Figure 1—element 1), wherein the electrode arrangement in the treatment head comprises a flat carrier ([0016]; Figure 1—element 7), to which the dielectric is fixed to a dielectric support ([0016]; Figure 1—element 4) and from which the electrical connecting bolt is led out ([0019]; Figure 1—element 17) (claim 7); wherein the flat carrier of the treatment head comprises a recess around the electrical connecting bolt on a rear side ([0019]; Figure 1—element 18) (claim 8); wherein the electrical connecting bolt is at least partially surrounded by an electrically insulating cover ([0019]; Figure 1—element 19)(claim 9).
A person of ordinary skill in the art, before the effective filing date of the claimed invention would have been motivated to modify the flat carrier electrode arrangement, as disclosed by Yeates, to include a dielectric support and the insulating cover, as taught by Wandke026, as both references and the claimed invention are directed toward electrode arrangements for generating a dielectric barrier plasma discharge. As disclosed by Yeates, the flat carrier electrode arrangement can be mounted to the housing directly or indirectly by a number of suitable configurations ([0048]). As disclosed by Wandke026, the electrode arrangement may comprise a dielectric support that is fixed to the dielectric and receives the electrical connecting bolt and the electrical connecting bolt can further be surrounded by an insulating cover, the dielectric support aids in exerting a uniform contact pressure on the surface to be treated and the insulating cover prevents abutments between the electrical connecting bolt and the dielectric support ([0008] & [0019]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the flat carrier electrode arrangement, as disclosed by Yeates, to include a dielectric support and the insulating cover, as taught by Wandke026, as such a modification would provide for a known and suitable connection between the electrode arrangement and the housing and would aid in exerting a uniform contact pressure on the surface to be treated while preventing abutment of the electrical connecting bolt.
Regarding claim 11, Yeates discloses all of the limitations of claim 1, as described above.
Yeates does not disclose wherein the treatment surface of the dielectric comprises a spacer with elevations and with depressions between the elevations forming a gas space.
Wandke026 teaches an electrode arrangement for generating a dielectric barrier plasma discharge comprising an electrode ([0016]; Figure 1—element 8) surrounded by a dielectric ([0016]; Figure 1—element 9), wherein the treatment surface of the dielectric comprises a spacer with elevations and with depressions between the elevations forming a gas space ([0016]; Figure 1—elements 12 & 13).
A person of ordinary skill in the art, before the effective filing date of the claimed invention would have been motivated to modify the treatment surface of the dielectric, as disclosed by Yeates, to include a spacer with elevations and with depressions between the elevations forming a gas space, as taught by Wandke026, as both references and the claimed invention are directed toward electrode arrangements for generating a dielectric barrier plasma discharge. As disclosed by Wandke026, the treatment surface of the dielectric may be provided with elevations and depressions between the elevations, such that the depressions form spaces in which plasma can form when the treatment surface bears against the surface to be treated ([0016]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the treatment surface of the dielectric, as disclosed by Yeates, to include a spacer with elevations and with depressions between the elevations forming a gas space, as taught by Wandke026, as such a modification would allow for airs spaces to be formed in the treatment surface in which plasma can form when the treatment surface bears against the surface to be treated.
Regarding claim 17, Yeates discloses all of the limitations of claim 1, as described above.
Yeates does not disclose wherein the treatment surface of the dielectric has a spacer with elevations and depressions between them for forming a gas space.
Wandke026 teaches an electrode arrangement for generating a dielectric barrier plasma discharge comprising an electrode ([0016]; Figure 1—element 8) surrounded by a dielectric ([0016]; Figure 1—element 9), wherein the treatment surface of the dielectric has a spacer with elevations and depressions between them for forming a gas space ([0016]; Figure 1—elements 12 & 13).
A person of ordinary skill in the art, before the effective filing date of the claimed invention would have been motivated to modify the treatment surface of the dielectric, as disclosed by Yeates, to include a spacer with elevations and depressions between them for forming a gas space, as taught by Wandke026, as both references and the claimed invention are directed toward electrode arrangements for generating a dielectric barrier plasma discharge. As disclosed by Wandke026, the treatment surface of the dielectric may be provided with elevations and depressions between the elevations, such that the depressions form spaces in which plasma can form when the treatment surface bears against the surface to be treated ([0016]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the treatment surface of the dielectric, as disclosed by Yeates, to include a spacer with elevations and depressions between them for forming a gas space, as taught by Wandke026, as such a modification would allow for airs spaces to be formed in the treatment surface in which plasma can form when the treatment surface bears against the surface to be treated.
Claims 10, 12, 15, & 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yeates in view of Brannan et al. (US 20110077636 A1), hereinafter “Brannan”.
Regarding claims 10, 15, & 16, Yeates discloses all of the limitations of claim 1, as described above.
Yeates does not disclose the dielectric of the electrode arrangement is formed at least partially from a gel-like material (claim 10); wherein the gel-like material is a polyurethane gel (claim 15); wherein the polyurethane gel is produced from the reaction of at least one polyol with at least one suitable isocyanate, and wherein a disperse phase of the gel mobilized in the reaction is formed by the at least one polyol (claim 16).
Brannan discloses an electrosurgical device for treating a skin surface ([0009]) comprising a dielectric ([0046]; Figure 1—element 142); the dielectric of the electrode arrangement is formed at least partially from a gel-like material (claim 10); wherein the gel-like material is a polyurethane gel (claim 15); wherein the polyurethane gel is produced from the reaction of at least one polyol with at least one suitable isocyanate, and wherein a disperse phase of the gel mobilized in the reaction is formed by the at least one polyol (claim 16) ([0046]-[0047]; the dielectric may comprise a polymer based gel, such as polyurethane; the examiner notes that the limitation “wherein the polyurethane gel is produced from the reaction of at least one polyol with at least one suitable isocyanate, and wherein a disperse phase of the gel mobilized in the reaction is formed by the at least one polyol” is a product-by-process limitation and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself, the patentability of a product does not depend on its method of production, if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985); as Brannan teaches the end product of the polyurethane gel, Brannan teaches the claim limitations as the patentability of the product does not depend on its method of production).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the dielectric material, as disclosed by Yeates, to include wherein the dielectric material is formed at least partially from a polyurethane gel, as taught by Brannan, as both references and the claimed invention are directed toward electrosurgical devices comprising dielectric insulators. As disclosed by Yeates, the electrode is surrounded by a dielectric material ([0047]). As disclosed by Brannan, a dielectric material may be a polymer-based gel, such as polyurethane, to avoid heat damage to the surface of the tissue ([0046]-[0047]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dielectric material, as disclosed by Yeates, to include wherein the dielectric material is formed at least partially from a polyurethane gel, as taught by Brannan, as such a modification would provide for a known and suitable dielectric material for an electrosurgical device that produces the predictable result of aiding in avoiding heat damage to the surface of the tissue, and further it would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the dielectric material is formed at least partially from a polyurethane gel, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 12, Yeates in view of Brannan disclose all of the limitations of claim 10, as described above.
Yeates further discloses an electric energy store in the housing that is configured to supply the high-voltage stage (15) with electrical energy ([0011] & [0049]; Figure 4—element 43; Figure 6—element 122; as evidenced by figure 4 the known power supply 122 includes the high voltage unit 45 that is connected to or configured to be connected to a battery pack 43).
Conclusion
Accordingly, claims 1-17 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARINA D TEMPLETON whose telephone number is (571)272-7683. The examiner can normally be reached M-F 8:00am to 5:00pm EST.
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/M.D.T./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794