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 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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Amann et al (2013/0218150) in view of the teaching of Moses et al (7,909,823).
Amann et al provide a medical device for ablation (para. [0003], for example) comprising a hose (14) surrounding a lumen (24) wherein the hose extends from a distal end section (13) configured in a closed manner to a proximal end section coupled to a plug (11). See Figures 1 and 3. A fluid line (25, 26, 27) extends through the lumen from the plug to the distal end section, the plug having an interior channel connected to the fluid line (Figure 2). The plug includes a plurality of pins (28, 29, 30) extending from the plug (Figure 2) with two ring grooves (para. [0026], for example) having sealing rings (34,35) on each pin and a radial opening (36) formed between the sealing rings (Figure 2) leading to the interior channel. Amann et al fail to disclose the material used to make the plug and pins of the plug.
The examiner maintains that it is generally well-known in the art to form medical components, including fluid plugs, from a plastic material, and that it is further known in the art to use a fiber-reinforced thermoplastic material for manufacturing such plastic components. To that end, attention is directed to Moses et al who provide another medical device used to treat tissue having a handle made from thermoplastics. In particular, Moses et al provide the general teaching that it is known to use fiber reinforced thermoplastic materials to construct the plastic components of the device. See, for example, column 2, line 61 to column 3, line 42.
To have used any well-known material to fabricate the plug of Amann et al, and specifically to have used a fiber reinforced thermoplastic material to fabricate the plug, would have been an obvious design consideration for one of ordinary skill in the art at the time of the invention since Moses et al fairly teach it is known to use such fiber reinforced thermoplastic materials in fabricating medical devices. The examiner maintains that to have used such a thermoplastic material to make any component of any known medical device would be within the purview of the skilled artisan.
Regarding claim 2, Amann et al provide an RF electrode on the hose (para. [0021]) which is connected to an electrical connector (15/16 – Figure 1) provided on the plug. Regarding claim 3, Amann et al provide a plug housing (17) in which a pin unit (30) is arranged (Figure 2). Regarding claim 4, multiple pins (28,29,30) are arranged on the pin unit extending parallel to one another. Fabricating the pins from a fiber-reinforced thermoplastic would be an obvious design consideration as addressed with respect to claim 1 above. Regarding claim 5, the channel in the pin is closed at its free end and there is a radial opening (36) provided between the seals. Regarding claims 6-8, Amann et al provide a groove of reduced thickness (para. [0026]) and the examiner maintains that any specific dimensions for the groove would be an obvious design consideration for one of ordinary skill in the art. Regarding claim 9, the pin unit comprises a seat (i.e. seals) for mounting the fluid line in a sealed manner. Regarding claim 10, the pin unit comprises a mounting area (38) for mounting a gas junction element (48) that comprises a seat (49) for mounting the proximal end of the hose in a sealed manner. Regarding claim 11, Moses et al disclose the use of various different materials for the fiber-reinforced thermoplastic, including polycarbonate (col. 3, lines 25-26). Regarding claim 12, Moses et al disclose a thermoplastic with a fiber percentage within applicant’s claimed range (col. 3, lines 30-35). Regarding claim 13, Moses et al disclose the use of glass fibers (col. 3, lines 30-35). Regarding claim 14, Moses et al discloses a length of fibers within applicant’s claimed range (col. 4, line 1, for example). Regarding claim 15, Amann et al disclose a CO2 source connected to the device for supply to the fluid channel (para. [0007], for example).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ishitake et al (12,435,194) discloses a fiber-reinforced thermoplastic substrate used in a variety of applications, the thermoplastic having many of the qualities described in the instant application. Ban et al (11,576,713) and Koblish et al (5,910,129) disclose electrosurgical devices using thermoplastics to fabricate various different components of the devices.
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/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
/M.F.P/July 31, 2026
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