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 B (fig.3-4) that reads on claim 4-7, 13, 14, 19 and 20 in the reply filed on 09/16/2026 is acknowledged. Claim 19-20 depend on withdrawn claim 12 and therefore are withdrawn.
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 4-7 and 13-14 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Desinger (US 2004/0097920).
Regarding claim 4, the radiofrequency scalpel, comprising: a blade (probe 10.2) and a handle (handle 181), wherein the blade comprises: an outer blade (sharpened metal tip 16), an inner blade ( cutting element 24.2), and a sheath (metal sleeve 12 ); a distal end of the outer blade is located at a distal end of the blade (fig.1), the distal end of the blade being an end of the blade far away from the handle (fig.1), and the distal end of the outer blade being an end of the outer blade far away from the handle (fig.1); the outer blade, the inner blade, and the sheath are coaxial (fig.1); the inner blade and the sheath are separately connected to the handle (fig.2c), and a distal end of the sheath is fixedly connected to the outer blade (fig.2a the metal tip is not extended); the distal end of the sheath is an end of the sheath far away from the handle (fig.2a); the sheath is provided with a sheath groove at the distal end (the opening metal sleeve 12); a distal end of the inner blade penetrates through the sheath (fig.2c), the inner blade and the sheath are configured to be capable of moving relatively in an axial direction (fig.2c), and during relative moving, the distal end of the inner blade is capable of entering the sheath groove (fig.2c); the inner blade comprises: an electrode, the electrode being connected to a radiofrequency generation apparatus fig.2c, see also [0051]); the electrode covers a part or all of a cross section of the distal end of the inner blade (fig.2c); and the interior of the inner blade [0062] or an inner channel of the inner blade is configured to be connectable to a negative pressure apparatus [0062].
Regarding claim 5, Desinger discloses the radiofrequency scalpel according to claim 4, wherein the outer blade comprises: a tip (tip of metal tip 16) and an outer blade insulation layer (axial guide 34, see [0048]); the outer blade insulation layer is arranged at a proximal end of the tip (fig.2b), the proximal end of the tip being an end of the tip close to the handle (fig.1a); that the distal end of the sheath is fixedly connected to the outer blade is specifically that the distal end of the sheath is fixedly connected to the outer blade insulation layer (fig.2a; and the inner blade comprises an inner blade insulation layer, and the inner blade insulation layer covers a surface of the inner blade except the electrode [0064].
Regarding claim 6, Desinger discloses the radiofrequency scalpel according to claim 5, further comprises: a sheath insulation layer (the metal sleeve 12 includes insulated at distal end portion 14), the sheath insulation layer covering an edge of the sheath groove and an inner surface of the sheath (fig.2c, see also [0045]).
Regarding claim 7, Desinger discloses the radiofrequency scalpel according to claim 4,wherein a sampling gap is reserved between an outer wall of the inner blade and an inner wall of the sheath, and the sampling gap is configured to be capable of serving as a part of an airflow channel of the negative pressure apparatus ([0034] and [0062]).
Regarding claim 13, Desinger discloses the radiofrequency scalpel according to claim 5, wherein a sampling gap is reserved between an outer wall of the inner blade and an inner wall of the sheath, and the sampling gap is configured to be capable of serving as a part of an airflow channel of the negative pressure apparatus (fig.1j, see also [0034] and [0062]).
Regarding claim 14, Desinger discloses the radiofrequency scalpel according to claim 6, wherein a sampling gap is reserved between an outer wall of the inner blade and an inner wall of the sheath, and the sampling gap is configured to be capable of serving as a part of an airflow channel of the negative pressure apparatus (fig.1j, see also [0034] and [0062]) .
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: CN 211934275 teaches a double-electrode electrotome device, which comprises a sheath tube, a handle connected to the near end of the sheath tube and a first electrode connected to the far end of the sheath tube, wherein the first electrode is of a cylindrical structure, the axial far end side of the first electrode is a cutting working part, and the axial near end side of the first electrode is a connecting part fixed with the sheath tube (abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIGIST S DEMIE whose telephone number is (571)270-5345. The examiner can normally be reached Monday-Friday 8am-5Pm.
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, Joseph Stoklosa can be reached at 571-2721213. 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.
/TIGIST S DEMIE/Primary Examiner, Art Unit 3794
Prosecution Insights