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 .
Applicant’s amendments and comments, received April 20, 2026, have been fully considered by the examiner. The following action has a new grounds of rejection not necessitated by the amendment. As such, the instant office action is non-final.
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 1-4, 7, 8, 10-13, 16-20, 22 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al (2022/0361947).
Regarding claim 1, Wang et al disclose a microwave ablation probe tip comprising a post portion (2211 – Figure 2) configured to be received in an ablation probe needle (220), the post portion comprising a center bore (as seen in Figure 2). There is also a centering tube (240) projecting out of the center bore, the centering tube configured to receive a microwave antenna (232). The centering tube includes an inner cavity (242) defined by an inner surface of the tube, and the diameter of the inner cavity is greater than an outer diameter of the microwave antenna and a ferrule (211) positioned over the microwave antenna. It is noted that the microwave antenna and the ferrule are not positively recited as structural limitations of the claim given the language “the centering tube configured to receive a microwave antenna”. The antenna and ferrule are considered intended use limitations, and the inner cavity has a diameter such that it would be configured to receive an antenna having a ferrule located thereon.
Regarding claim 2, see again Figure 2 and the diameter of the centering tube (240) being large enough to receive the antenna and a ferrule. Regarding claim 3, Wang et al disclose the centering tube may be made from polymers including the use of polyimide (para. [0008], [0056] and [0063], for example). Regarding claim 4, there is an insertion portion (221) connected to the post portion with the insertion portion tapering to a point in a direction away from the centering tube (Figure 2). Regarding claim 7, the centering tube comprises a portion inside the center bore, and a portion projecting out the center bore (Figure 2).
Regarding claim 8, Wang et al provide a microwave ablation probe comprising a shell (220) defining an axially extending inner cavity, a cable (230) positioned in the inner shell and comprising a microwave antenna and the probe tip of claim 1 as addressed above.
Regarding claim 10, the centering tube is configured to receive the ferrule as addressed with respect to claim 1 above. Regarding claim 11, the length of the centering tube projecting out of the bore is longer than a distance the ferrule is positioned inside the bore (Figure 2). Regarding claims 12 and 13, see discussion of claims 3 and 4 above. Regarding claim 16, see again Figure 2 which clearly shows this relationship for the centering tube.
Regarding claim 17, Wang et al disclose a microwave ablation apparatus comprising a shell (220) defining an inner cavity, a cable (230) positioned in the cavity and defining a microwave antenna and a probe tip (generally 221) positioned in a needle (i.e. shell 220). The probe tip comprises a center bore and a centering tube projecting out of the center bore and includes a diameter defined by an inner surface that is greater than an outer diameter of a ferrule positioned over the antenna as addressed with respect to claim 1 above.
Regarding claim 18, the centering tube is clearly configured to receive the ferrule and the antenna as seen in Figure 2. Regarding claims 19 and 20, see discussion of claims 3 and 4 above. Regarding claims 22 and 23, see Figure 2 which shows this relationship for the centering tube.
Claims 1, 2, 4, 7, 8, 10, 11, 13, 16-20, 22 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al (2021/0220048).
Regarding claim 1, Zhang et al provide a microwave ablation probe tip comprising a post portion (the portion inserted into needle (1) as seen in Figure 1. The post portion comprises a center bore (seen in Figure 1), and a centering tube (6) projecting out of the center bore. The centering tube is configured to receive a microwave antenna (2) and has an inner cavity with a diameter greater than an outer diameter of a ferrule (3) positioned over the microwave antenna. As addressed above, the microwave antenna and the ferrule are not deemed to be positively recited limitations.
Regarding claim 4, there is an insertion portion (i.e. distal portion of tip (4) connected to the post portion an including tapered tip in a direction away from the centering tube (Figure 1). Regarding claim 7, the centering tube (6) comprises a portion inside the center bore, and a portion projecting out the center bore (Figure 1).
Regarding claim 8, Zhang et al disclose a microwave ablation probe comprising a shell (1) defining an axially extending inner cavity (Figure 1), a cable (2) positioned in the inner cavity and comprising a microwave antenna, and the ablation probe tip of claim 1 as addressed above.
Regarding claim 10, the centering tube is configured to receive a ferrule (Figure 1). Regarding claim 11, see Figure 1 which shows this relationship. Regarding claim 13, see again Figure 1 which shows the tapered tip. Regarding claim 16, see again Figure 1.
Regarding claim 17, Zhang et al disclose a microwave ablation apparatus comprising a shell (1) defining an inner cavity, a cable (2) positioned in the inner cavity and comprising a microwave antenna and a probe tip including a centering tube (6) projecting out of the center bore, the centering tube including an inner cavity configured to receive the microwave antenna and a ferrule over the antenna as addressed previously.
Regarding claim 18, see Figure 1. Regarding claim 20, see above discussion and Figure 1. Regarding claims 22 and 23, again see Figure 1 which shows this relationship for the centering tube.
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 3, 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (‘048) in view of the teaching of Wang et al (‘947).
Zhang et al disclose a centering tube made from polymers such as PTFE, but fail to expressly disclose the use of a polyimide. The examiner maintains that the selection of any well-known polymer for making the centering tube would be within the purview of the skilled artisan. As evidence of this assertion, attention is directed to the Wang et al reference which specifically teaches the use of polyimides in making components of an analogous microwave ablation needle.
To have used a polyimide to form the centering tube of Zhang et al would have been an obvious design consideration for one of ordinary skill in the art at the time of the invention since Wang et al fairly teach it is known to use polyimide in fabricating elements of an analogous microwave ablation device.
Claims 5, 14 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (‘048) in view of the teaching Cronin et al (9,907,613).
Zhang et al fails to disclose any means for securing the centering tube within the needle probe. Cronin et al discloses a similar microwave ablation probe which includes a microwave antenna having a ferrule (106) surrounding the antenna. In particular, Cronin et al teach that it is known to use an adhesive to secure components of the microwave ablation device. See, for example, column 4, lines 55-63. To have used an adhesive to secure the centering tube of Zhang et al within the probe would have been an obvious design consideration for one of ordinary skill in the art since Cronin et al fairly teach it is known to use adhesives to secure components in an analogous microwave needle ablation device.
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Upon further consideration of the amendments and the updated search, the examiner has discovered new prior art deemed to read on the limitations as addressed in the above rejections. The instant action is non-final.
Conclusion
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/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
/M.F.P/June 27, 2026
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