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 .
Preliminary Amendment
The preliminary amendment filed October 27, 2024 has been entered and made of record.
Information Disclosure Statement
The information disclosure statement filed October 27, 2024 has been entered and the references cited therein have been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “double-walled” stretchable material and the “sensor” (claim 8), the “cage” (claim 9), the “at least one pressure sensor” and the “electrode” (claim 10) and the “measuring electrodes” (claim 11) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: There appears to be a comma missing at the end of section 1.2; the phrase “of the first lumen section” is repeated at the bottom of page 3 going into page 4; in claim 9, the term “cage” should be “basket” as “basket” is described in the specification. 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 1-14 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.
The claims are replete with redundant or alternative language that renders the scope of the claims indefinite. For example, in claim 1, the following phrases are vague and indefinite: “a second, preferably outer lumen” (“preferably” is indefinite); “and/or” in section 1.2 renders the scope of the claim indefinite as the metes and bounds cannot be determined; “in particular in the form of a cap, a hat or a jacket” is vague and indefinite (“in particular” is indefinite). Applicant should check the claims carefully for such instances of vague and alternative claim language that renders the claims indefinite. As claims 2-14 depend from claim 1, they are likewise rejected (in addition to potentially having instances of vague or alternative language in them).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art references teach cryogenic probes with helical or spiral cooling structures: Berzak et al., PCT Publication No. WO 2015/138010; Geiselhart, PCT Publication No. WO 2009/103448; Duong et al., PCT Publication No. WO 2005/104974; DeLonzor et al., U.S. Patent Application Publication No. 2015/0265330; and Mazzone et al., U.S. Patent Application Publication No. 2010/0100087.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEVERLY MEINDL FLANAGAN whose telephone number is (571)272-4766. The examiner can normally be reached Mon-Fri 7:30AM to 5:00PM.
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, Joanne Rodden can be reached at (303) 297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BEVERLY M FLANAGAN/Primary Examiner, Art Unit 3794
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