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 Species A: Figure 1 in the reply filed on May 29, 20206 is acknowledged.
Claim Rejections - 35 USC § 102
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.
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, 2, 4 and 5 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by DiSimone et al (2018/0296264).
Referring to claim 1, DiSimone et al teaches an electroporation delivery device (paragraphs 0007 and 0058-0060) comprising: a shaft (520) (paragraph 0058; Figure 5); a balloon (510) attached to a distal end of the shaft (paragraph 0058; Figure 5); and one or more electrode spines (lines shown in Figure 5) attached to the balloon, each of the one or more electrode spines including one or more electrodes (530) (paragraphs 0045, 0058 and 0062; Figure 5).
Referring to claim 2, DiSimone et al teaches wherein the balloon (510) is made of a porous material (paragraph 0061; Figure 5).
Referring to claim 4, DiSimone et al teaches wherein the one or more electrodes includes at least four electrodes (530) (paragraphs 0045, 0058 and 0062; Figure 5).
Referring to claim 5, DiSimone et al teaches wherein the balloon is an elliptical shape when inflated (Figure 5)
Claims 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Stewart et al (2019/0030328).
Referring to claim 1, Stewart et al teaches an electroporation delivery device (paragraphs 0057 and 0075) comprising: a shaft (22) (paragraph 0058; Figures 1 -4); a balloon (30) attached to a distal end of the shaft (paragraphs 0059; Figures 1-4); and one or more electrode spines (41) attached to the balloon (30), each of the one or more electrode spines including one or more electrodes (18) (paragraph 0064; Figures 1-4).
Referring to claim 3, Stewart et al teaches the one or more electrode spines (41) includes four electrode spines (paragraph 0064; Figures 1-4).
Referring to claim 4, DiSimone et al teaches wherein the one or more electrodes includes at least four electrodes (18) (paragraphs 0057 and 0064; Figure 4).
Referring to claim 5, DiSimone et al teaches wherein the balloon is an elliptical shape when inflated (paragraphs 0060 and 0071; Figure 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA M GOOD whose telephone number is (571)270-7480. The examiner can normally be reached Mon to Wed, 7am to 3pm.
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/SAMANTHA M GOOD/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
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