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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 8-11, 16-17, & 21 are rejected under 35 U.S.C. 103 as being unpatentable over Condle et al (US20210212763A1; hereinafter referred to as Condle) in view of Arts et al (US20160302865A1; hereinafter referred to as Arts) and further in view of Cosman (US20240238033A1)
Regarding Claim 1, Condle discloses a system (“Various aspects of the present disclosure are directed apparatuses, systems, and methods that may include a microwave ablation system.” [Abstract]), comprising:
an ablation probe (“ablation devices disclosed herein are microwave ablation devices configured to cause ablation by emission of microwave energy, which kills the tissue by heating.” [0062]), comprising:
a shaft including a stick region (“The microwave ablation device 202 may have a tip 203 configured to penetrate tissue and an elongated shaft having a proximal end 205 and a distal end 206.” [0092]);
an antenna extending from the shaft, wherein the stick region is located proximal to the antenna (“The microwave tissue ablation device 300 includes a probe 307. The probe 307 is configured to be inserted into patient's body for heating target tissue. In one embodiment, the probe 307 includes various ablation device components described elsewhere herein, such as the feedline, asymmetric dipole antenna, cooling system having inflow tubes and outflow tubes,” [0102], “The shaft of devices herein may further comprise an echogenic region on the outer surface configured to be visible under ultrasound, imaging. In one embodiment, this region comprises a coating comprising acoustically-reflective microspheres. The echogenic region extends at least to cover the region of the shaft radially outward of the antenna. The probe 307 of FIG. 3 includes an echogenic region 325 configured to be visible under ultrasound, imaging and one embodiment, comprises a coating comprising acoustically-reflective microspheres.” [0108]);
and a cooling tube extending within the shaft (“the cooling system further comprises a cooling tube disposed about the feedline. The cooling tube may extend distally about the feedline and may be co-axial therewith. The cooling tube may divide the coolant chamber into a first cooling conduit 448 and a second cooling conduit 460, the first cooling conduit disposed between the feedline and the inner wall of the cooling tube and the second cooling conduit disposed between the outer wall of the cooling tube and the inner wall of the device shaft.” [0145];
a display; and a controller in operable communication with the display (“The system includes a console 102 including a user interface 104, controller 106, and an ablation device interface 108. In an embodiment, user interface 104 includes a display for presenting information to a user and an input device for receiving inputs from the user, such as via one or more buttons, dials, switches, or other actuatable elements.” [0066]),
wherein the controller is operable to: convey a first flow rate of coolant through the cooling tube insufficient to cause tissue to couple to the stick region (“According to aspects of the disclosure, an ablation system can be pre-programmed with a “stick mode” of operation, wherein the controller controls a coolant flow and ablation power in order to cause adhesion of a needle to a patient.” [0173], “Therefore, an ablation process and a stick mode process may be carried out with the same level of applied power (45 W-90 W), but the coolant flow rate for the stick mode process is reduced relative to the ablation process. Thus, the absolute level of applied power and the absolute coolant flow rate depends on the needle. But, for a given needle, one may merely modulate the coolant flow in order to switch between a stick mode operation (lower flow) and an ablation process (higher flow).” [0186], inherently describes 2 flow modes one for a stick mode operation and one for a non-stick ablation process);
convey a second flow rate of coolant through the cooling tube sufficient to cause tissue to adhere to the stick region (“According to aspects of the disclosure, an ablation system can be pre-programmed with a “stick mode” of operation, wherein the controller controls a coolant flow and ablation power in order to cause adhesion of a needle to a patient.” [0173], “Therefore, an ablation process and a stick mode process may be carried out with the same level of applied power (45 W-90 W), but the coolant flow rate for the stick mode process is reduced relative to the ablation process. Thus, the absolute level of applied power and the absolute coolant flow rate depends on the needle. But, for a given needle, one may merely modulate the coolant flow in order to switch between a stick mode operation (lower flow) and an ablation process (higher flow).” [0186], inherently describes 2 flow modes one for a stick mode operation and one for a non-stick ablation process).
Condle does not specifically disclose an ultrasound transducer; and a controller in operable communication with the ultrasound transducer, wherein the controller is operable to: convey a first flow rate of coolant through the cooling tube sufficient to cause the ablation probe to vibrate, and while conveying the first flow rate of coolant through the cooling tube: emit, from the ultrasound transducer, a sound wave toward the ablation probe; receive, at the ultrasound transducer, a reflected sound wave from the ablation probe; and display, on the display, an image corresponding to the reflected sound wave.
However, in a similar field of endeavor, Arts teaches electrosurgical systems generally include at least one energy-delivery device for delivering energy to tissue when inserted or embedded within tissue [Abstract].
Arts also teaches that the controller is operable to: convey a first flow rate of coolant through the cooling tube sufficient to cause the ablation probe to vibrate, and while conveying the first flow rate of coolant through the cooling tube conduct ultrasonic imaging (“ultrasonic visibility of the energy-delivery device within tissue is enhanced by hydraulic vibration. According to this aspect of the present disclosure, the energy-delivery device of the electrosurgical system can be caused to vibrate by circulating cooling fluid.” [0023], “At higher pumping speeds, the fluid pressure of the circulating cooling fluid through the energy-delivery device is increased, thereby causing increased vibration of the energy-delivery device.” [0024]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle as outlined above with the controller being operable to: convey a first flow rate of coolant through the cooling tube sufficient to cause the ablation probe to vibrate, and while conveying the first flow rate of coolant through the cooling tube conduct ultrasonic imaging as taught by Arts, because techniques and improvements are needed to enhance the visualization of surgical instruments, especially, energy delivery devices, within tissue during ultrasonography [0011].
Condle in view of Arts does not specifically teach an ultrasound transducer; and a controller in operable communication with the ultrasound transducer, wherein the controller is operable to: emit, from the ultrasound transducer, a sound wave toward the ablation probe; receive, at the ultrasound transducer, a reflected sound wave from the ablation probe; and display, on the display, an image corresponding to the reflected sound wave.
However, in a similar field of endeavor, Cosman teaches systems and methods for tissue ablation using a moving-shot technique [Abstract].
Cosman also teaches an ultrasound transducer (“Referring now to FIG. 1D, additional embodiments of the present invention are shown in a schematic scene in a medical-procedure room. The physician user 180 is performing moving shot RF ablation in the thyroid gland in the neck of patient 190 using generator 100 and ultrasound machine 140. Generator 100 includes an integrated pump 130 for fluid cooling of the ablation probe 150. Both hands of the physician 180 are occupied, the first hand holding the ablation probe 150, and the second hand holding the ultrasound transducer 145.” [0076])
and a controller in operable communication with the ultrasound transducer, wherein the controller is operable to: emit, from the ultrasound transducer, a sound wave toward the ablation probe (“The physician user 180 is performing moving shot RF ablation in the thyroid gland in the neck of patient 190 using generator 100 and ultrasound machine 140. Generator 100 includes an integrated pump 130 for fluid cooling of the ablation probe 150. Both hands of the physician 180 are occupied, the first hand holding the ablation probe 150, and the second hand holding the ultrasound transducer 145.” [0079]);
receive, at the ultrasound transducer, a reflected sound wave from the ablation probe (“the physician 180 observes an image 141 of the ablation probe 150 in body 190, listens to impedance-based audio signals 107AA from generator 100, moves the ablation probe 150, moves the transducer 145, activates and deactivates the generator's electrode output by means of footswitch 119. Intermittently the user 180 looks at the generator display 101 and manipulates the generator's controls 106G, 106F, 106E, 106EA, 106, 110A, 107A, 107B.” [0079]);
and display, on the display, an image corresponding to the reflected sound wave (“The impedance-dependent audio signal 107AA has the advantage of providing the user 180 with information about the impedance measurement 104A of the generator 100, and thus the ablation process, without having to look at the generator display 101 while attending to the ultrasound image 141 and the patient 190 during the ablation process.” [0078] “the physician 180 observes an image 141 of the ablation probe 150 in body 190, listens to impedance-based audio signals 107AA from generator 100, moves the ablation probe 150, moves the transducer 145, activates and deactivates the generator's electrode output by means of footswitch 119. Intermittently the user 180 looks at the generator display 101 and manipulates the generator's controls 106G, 106F, 106E, 106EA, 106, 110A, 107A, 107B.” [0079]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts as outlined above with the controller being operable to: convey a first flow rate of coolant through the cooling tube sufficient to cause the ablation probe to vibrate, and while conveying the first flow rate of coolant through the cooling tube conduct ultrasonic imaging as taught by Cosman, because it allows for real-time imaging of the probe location and ablation process relative to target and non-target anatomical structures [0003].
Regarding Claim 2, Condle discloses that the controller is further operable to: receive an input; and increase the first flow rate of the coolant to the second flow rate based on the input (“the controller can be configured to initiate such a stick mode upon receiving an input from a user interface to perform the stick mode procedure. ” [0173], “Therefore, an ablation process and a stick mode process may be carried out with the same level of applied power (45 W-90 W), but the coolant flow rate for the stick mode process is reduced relative to the ablation process. Thus, the absolute level of applied power and the absolute coolant flow rate depends on the needle. But, for a given needle, one may merely modulate the coolant flow in order to switch between a stick mode operation (lower flow) and an ablation process (higher flow).” [0186], inherently describes 2 flow modes one for a stick mode operation and one for a non-stick ablation process).
Regarding Claim 8, Condle discloses all limitations above except that the first flow rate comprises a pulsed flow rate.
However, Arts teaches that the first flow rate comprises a pulsed flow rate (“an analog signal that is proportional to the temperature detected by a temperature sensor, e.g., a thermocouple, may be taken as a voltage input that can be compared to a look-up table for temperature and fluid flow rate, and a computer program and/or logic circuitry associated with the processor unit 82 may be used to determine the needed duty cycle of the pulse width modulation (PWM) to control actuation of a valve (e.g., valve 52) to attain the desired fluid flow rate.” [0132]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle as outlined above with the first flow rate comprises a pulsed flow rate as taught by Arts, because techniques and improvements are needed to enhance the visualization of surgical instruments, especially, energy delivery devices, within tissue during ultrasonography [0011].
Regarding Claim 9, Condle discloses a system (“Various aspects of the present disclosure are directed apparatuses, systems, and methods that may include a microwave ablation system.” [Abstract]), comprising:
an ablation probe (“ablation devices disclosed herein are microwave ablation devices configured to cause ablation by emission of microwave energy, which kills the tissue by heating.” [0062]), comprising:
a shaft (“The microwave ablation device 202 may have a tip 203 configured to penetrate tissue and an elongated shaft having a proximal end 205 and a distal end 206.” [0092]);
an antenna extending from the shaft and operable to emit energy therefrom (“The microwave tissue ablation device 300 includes a probe 307. The probe 307 is configured to be inserted into patient's body for heating target tissue. In one embodiment, the probe 307 includes various ablation device components described elsewhere herein, such as the feedline, asymmetric dipole antenna, cooling system having inflow tubes and outflow tubes,” [0102], “The shaft of devices herein may further comprise an echogenic region on the outer surface configured to be visible under ultrasound, imaging. In one embodiment, this region comprises a coating comprising acoustically-reflective microspheres. The echogenic region extends at least to cover the region of the shaft radially outward of the antenna. The probe 307 of FIG. 3 includes an echogenic region 325 configured to be visible under ultrasound, imaging and one embodiment, comprises a coating comprising acoustically-reflective microspheres.” [0108]);
a cooling tube extending within the shaft (“the cooling system further comprises a cooling tube disposed about the feedline. The cooling tube may extend distally about the feedline and may be co-axial therewith. The cooling tube may divide the coolant chamber into a first cooling conduit 448 and a second cooling conduit 460, the first cooling conduit disposed between the feedline and the inner wall of the cooling tube and the second cooling conduit disposed between the outer wall of the cooling tube and the inner wall of the device shaft.” [0145];
a display; and a controller in operable communication with the display (“The system includes a console 102 including a user interface 104, controller 106, and an ablation device interface 108. In an embodiment, user interface 104 includes a display for presenting information to a user and an input device for receiving inputs from the user, such as via one or more buttons, dials, switches, or other actuatable elements.” [0066]),
provide a flow rate of coolant through the cooling tube while abstaining from emitting energy from the antenna, wherein the flow rate of coolant causes the ablation probe to vibrate, but fails to cause tissue to adhere to the shaft (“According to aspects of the disclosure, an ablation system can be pre-programmed with a “stick mode” of operation, wherein the controller controls a coolant flow and ablation power in order to cause adhesion of a needle to a patient.” [0173], “Therefore, an ablation process and a stick mode process may be carried out with the same level of applied power (45 W-90 W), but the coolant flow rate for the stick mode process is reduced relative to the ablation process. Thus, the absolute level of applied power and the absolute coolant flow rate depends on the needle. But, for a given needle, one may merely modulate the coolant flow in order to switch between a stick mode operation (lower flow) and an ablation process (higher flow).” [0186], inherently describes 2 flow modes one for a stick mode operation and one for a non-stick ablation process).
Condle does not specifically disclose the coolant flows against the vibration device, thereby causing the vibration device to vibrate; and while conveying the flow rate of coolant through the cooling tube: emit, from the ultrasound transducer, a sound wave toward the ablation probe; receive, at the ultrasound transducer, a reflected sound wave from the ablation probe; and display, on the display, an image corresponding to the reflected sound wave.
However, in a similar field of endeavor, Arts teaches electrosurgical systems generally include at least one energy-delivery device for delivering energy to tissue when inserted or embedded within tissue [Abstract].
Arts also teaches that the coolant flows against the vibration device, thereby causing the vibration device to vibrate, and while conveying the first flow rate of coolant through the cooling tube conduct ultrasonic imaging (“ultrasonic visibility of the energy-delivery device within tissue is enhanced by hydraulic vibration. According to this aspect of the present disclosure, the energy-delivery device of the electrosurgical system can be caused to vibrate by circulating cooling fluid.” [0023], “At higher pumping speeds, the fluid pressure of the circulating cooling fluid through the energy-delivery device is increased, thereby causing increased vibration of the energy-delivery device.” [0024]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle as outlined above with the coolant flows against the vibration device, thereby causing the vibration device to vibrate, and while conveying the first flow rate of coolant through the cooling tube conduct ultrasonic imaging as taught by Arts, because techniques and improvements are needed to enhance the visualization of surgical instruments, especially, energy delivery devices, within tissue during ultrasonography [0011].
Condle in view of Arts does not specifically teach an ultrasound transducer; and a controller in operable communication with the ultrasound transducer, wherein the controller is operable to: emit, from the ultrasound transducer, a sound wave toward the ablation probe; receive, at the ultrasound transducer, a reflected sound wave from the ablation probe; and display, on the display, an image corresponding to the reflected sound wave.
However, in a similar field of endeavor, Cosman teaches systems and methods for tissue ablation using a moving-shot technique [Abstract].
Cosman also teaches an ultrasound transducer (“Referring now to FIG. 1D, additional embodiments of the present invention are shown in a schematic scene in a medical-procedure room. The physician user 180 is performing moving shot RF ablation in the thyroid gland in the neck of patient 190 using generator 100 and ultrasound machine 140. Generator 100 includes an integrated pump 130 for fluid cooling of the ablation probe 150. Both hands of the physician 180 are occupied, the first hand holding the ablation probe 150, and the second hand holding the ultrasound transducer 145.” [0076])
and a controller in operable communication with the ultrasound transducer, wherein the controller is operable to: emit, from the ultrasound transducer, a sound wave toward the ablation probe (“The physician user 180 is performing moving shot RF ablation in the thyroid gland in the neck of patient 190 using generator 100 and ultrasound machine 140. Generator 100 includes an integrated pump 130 for fluid cooling of the ablation probe 150. Both hands of the physician 180 are occupied, the first hand holding the ablation probe 150, and the second hand holding the ultrasound transducer 145.” [0079]);
receive, at the ultrasound transducer, a reflected sound wave from the ablation probe (“the physician 180 observes an image 141 of the ablation probe 150 in body 190, listens to impedance-based audio signals 107AA from generator 100, moves the ablation probe 150, moves the transducer 145, activates and deactivates the generator's electrode output by means of footswitch 119. Intermittently the user 180 looks at the generator display 101 and manipulates the generator's controls 106G, 106F, 106E, 106EA, 106, 110A, 107A, 107B.” [0079]);
and display, on the display, an image corresponding to the reflected sound wave (“The impedance-dependent audio signal 107AA has the advantage of providing the user 180 with information about the impedance measurement 104A of the generator 100, and thus the ablation process, without having to look at the generator display 101 while attending to the ultrasound image 141 and the patient 190 during the ablation process.” [0078] “the physician 180 observes an image 141 of the ablation probe 150 in body 190, listens to impedance-based audio signals 107AA from generator 100, moves the ablation probe 150, moves the transducer 145, activates and deactivates the generator's electrode output by means of footswitch 119. Intermittently the user 180 looks at the generator display 101 and manipulates the generator's controls 106G, 106F, 106E, 106EA, 106, 110A, 107A, 107B.” [0079]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts as outlined above with the controller being operable to: convey a first flow rate of coolant through the cooling tube sufficient to cause the ablation probe to vibrate, and while conveying the first flow rate of coolant through the cooling tube conduct ultrasonic imaging as taught by Cosman, because it allows for real-time imaging of the probe location and ablation process relative to target and non-target anatomical structures [0003].
Regarding Claim 10, Condle discloses that the flow rate of coolant is a first flow rate of coolant, and the controller is further operable to provide a second flow rate of coolant through the cooling tube, the second flow rate of coolant being sufficient to cause the shaft, but not the antenna, to adhere to tissue (“the controller can be configured to initiate such a stick mode upon receiving an input from a user interface to perform the stick mode procedure. ” [0173], “Therefore, an ablation process and a stick mode process may be carried out with the same level of applied power (45 W-90 W), but the coolant flow rate for the stick mode process is reduced relative to the ablation process. Thus, the absolute level of applied power and the absolute coolant flow rate depends on the needle. But, for a given needle, one may merely modulate the coolant flow in order to switch between a stick mode operation (lower flow) and an ablation process (higher flow).” [0186], inherently describes 2 flow modes one for a stick mode operation and one for a non-stick ablation process)
Regarding Claim 11, Condle discloses that the controller is further operable to: receive an input; and increase the flow rate of coolant from the first flow rate to the second flow rate based on the input (“the controller can be configured to initiate such a stick mode upon receiving an input from a user interface to perform the stick mode procedure. ” [0173], “Therefore, an ablation process and a stick mode process may be carried out with the same level of applied power (45 W-90 W), but the coolant flow rate for the stick mode process is reduced relative to the ablation process. Thus, the absolute level of applied power and the absolute coolant flow rate depends on the needle. But, for a given needle, one may merely modulate the coolant flow in order to switch between a stick mode operation (lower flow) and an ablation process (higher flow).” [0186], inherently describes 2 flow modes one for a stick mode operation and one for a non-stick ablation process).
Regarding Claim 16, Condle discloses a method (“Various aspects of the present disclosure are directed apparatuses, systems, and methods that may include a microwave ablation system.” [Abstract]), comprising:
an ablation probe that includes an antenna (“ablation devices disclosed herein are microwave ablation devices configured to cause ablation by emission of microwave energy, which kills the tissue by heating.” [0062], “The microwave tissue ablation device 300 includes a probe 307. The probe 307 is configured to be inserted into patient's body for heating target tissue. In one embodiment, the probe 307 includes various ablation device components described elsewhere herein, such as the feedline, asymmetric dipole antenna, cooling system having inflow tubes and outflow tubes,” [0102], “The shaft of devices herein may further comprise an echogenic region on the outer surface configured to be visible under ultrasound, imaging. In one embodiment, this region comprises a coating comprising acoustically-reflective microspheres. The echogenic region extends at least to cover the region of the shaft radially outward of the antenna. The probe 307 of FIG. 3 includes an echogenic region 325 configured to be visible under ultrasound, imaging and one embodiment, comprises a coating comprising acoustically-reflective microspheres.” [0108]).
Condle does not specifically disclose an ablation probe that includes an antenna within a patient at a first position; conveying a first flow rate of coolant through the ablation probe, thereby causing the ablation probe to vibrate; emitting, from an ultrasound transducer, a sound wave toward the ablation probe; receiving, at the ultrasound transducer, a reflected sound wave from the ablation probe; displaying, on a display, an image corresponding to the reflected sound wave; and moving the ablation probe from the first position to a second position while conveying the first flow rate of coolant and abstaining from energizing from the antenna.
However, in a similar field of endeavor, Arts teaches electrosurgical systems generally include at least one energy-delivery device for delivering energy to tissue when inserted or embedded within tissue [Abstract].
Arts also teaches conveying a first flow rate of coolant through the ablation probe, thereby causing the ablation probe to vibrate (“ultrasonic visibility of the energy-delivery device within tissue is enhanced by hydraulic vibration. According to this aspect of the present disclosure, the energy-delivery device of the electrosurgical system can be caused to vibrate by circulating cooling fluid.” [0023], “At higher pumping speeds, the fluid pressure of the circulating cooling fluid through the energy-delivery device is increased, thereby causing increased vibration of the energy-delivery device.” [0024]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle as outlined above with conveying a first flow rate of coolant through the ablation probe, thereby causing the ablation probe to vibrate as taught by Arts, because techniques and improvements are needed to enhance the visualization of surgical instruments, especially, energy delivery devices, within tissue during ultrasonography [0011].
Condle in view of Arts does not specifically teach an ablation probe within a patient at a first position, emitting, from an ultrasound transducer, a sound wave toward the ablation probe; receiving, at the ultrasound transducer, a reflected sound wave from the ablation probe; displaying, on a display, an image corresponding to the reflected sound wave; and moving the ablation probe from the first position to a second position while conveying the first flow rate of coolant and abstaining from energizing from the antenna.
However, in a similar field of endeavor, Cosman teaches systems and methods for tissue ablation using a moving-shot technique [Abstract].
an ablation probe within a patient at a first position (“an ablation probe 150 is inserted into the thyroid 193 and thyroid nodule 195 percutaneously, i.e. through the skin 191. In some cases, ablation is performed with the electrode in a single position, typically for small nodules. In some cases, ablation is performed by moving the electrode 150 to multiple positions and creating multiple ablations 91, 92, 93, 94, 95, 96, 97, 98, 99 (each of which if depicted as a circle in which the reference number is positions, except for ablation zone 99 that is depicted as a cloud-like region)” [0051]);
conveying a first flow rate of coolant through the ablation probe (“FIG. 1B shows schematically one example of a coolant supply system 130 to cool the active tip portion 151 of ablation probe 150. A reservoir 132 (such as a IV bag), in one example, contains water or saline cooled to a temperature less than body temperature, such as room temperature, approximately 20 deg C., near freezing, less than 10 deg C., or near 0 deg C. Tubing 155 carries the coolant through a peristaltic pump head 131 that pumps the coolant through the shaft of ablation probe 150. The electrode 150 has an internal channel through which coolant can flow to cool the probe active tip 151.” [0071]);
emitting, from a ultrasound transducer, a sound wave toward the ablation probe (“The physician user 180 is performing moving shot RF ablation in the thyroid gland in the neck of patient 190 using generator 100 and ultrasound machine 140. Generator 100 includes an integrated pump 130 for fluid cooling of the ablation probe 150. Both hands of the physician 180 are occupied, the first hand holding the ablation probe 150, and the second hand holding the ultrasound transducer 145.” [0079];
receiving, at the ultrasound transducer, a reflected sound wave from the ablation probe (“the physician 180 observes an image 141 of the ablation probe 150 in body 190, listens to impedance-based audio signals 107AA from generator 100, moves the ablation probe 150, moves the transducer 145, activates and deactivates the generator's electrode output by means of footswitch 119. Intermittently the user 180 looks at the generator display 101 and manipulates the generator's controls 106G, 106F, 106E, 106EA, 106, 110A, 107A, 107B.” [0079]);
displaying, on a display, an image corresponding to the reflected sound wave (“The impedance-dependent audio signal 107AA has the advantage of providing the user 180 with information about the impedance measurement 104A of the generator 100, and thus the ablation process, without having to look at the generator display 101 while attending to the ultrasound image 141 and the patient 190 during the ablation process.” [0078] “the physician 180 observes an image 141 of the ablation probe 150 in body 190, listens to impedance-based audio signals 107AA from generator 100, moves the ablation probe 150, moves the transducer 145, activates and deactivates the generator's electrode output by means of footswitch 119. Intermittently the user 180 looks at the generator display 101 and manipulates the generator's controls 106G, 106F, 106E, 106EA, 106, 110A, 107A, 107B.” [0079]).
and moving the ablation probe from the first position to a second position while conveying the first flow rate of coolant (“an ablation probe 150 is inserted into the thyroid 193 and thyroid nodule 195 percutaneously, i.e. through the skin 191. In some cases, ablation is performed with the electrode in a single position, typically for small nodules. In some cases, ablation is performed by moving the electrode 150 to multiple positions and creating multiple ablations 91, 92, 93, 94, 95, 96, 97, 98, 99 (each of which if depicted as a circle in which the reference number is positions, except for ablation zone 99 that is depicted as a cloud-like region)” [0051]).
and abstaining from energizing from the antenna (“The probe 150 is then withdrawn longitudinally (i.e. in the direction of the probe's shaft length 151, 152), with the ablation output either turned off or not turned off, by approximately the length of active tip 151 to reach the position of probe 150 that is shown in FIG. 6B. Then, a second portion 600B of the total ablation zone 600 is generated around the active tip 151 in that position. The ablation zones 600A and 600B are blended together by thermal diffusion within the tissue to form total ablation zone 600, and an inner border of zone 600B is depicted by a dotted outline within total ablation 600. The probe 150 is then again withdrawn longitudinally by approximately the length of active tip 151, with the ablation output either turned off or not turned off, to the position show in FIG. 6C.” [0085]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts as outlined above with an ablation probe within a patient at a first position, emitting, from an ultrasound transducer, a sound wave toward the ablation probe; receiving, at the ultrasound transducer, a reflected sound wave from the ablation probe; displaying, on a display, an image corresponding to the reflected sound wave; and moving the ablation probe from the first position to a second position while conveying the first flow rate of coolant and abstaining from energizing from the antenna as taught by Cosman, because it allows for real-time imaging of the probe location and ablation process relative to target and non-target anatomical structures [0003].
Regarding Claim 17, Condle discloses further comprising increasing the first flow rate of the coolant to a second flow rate of coolant, and thereby causing the ablation probe to adhere to tissue within the patient (“the controller can be configured to initiate such a stick mode upon receiving an input from a user interface to perform the stick mode procedure. ” [0173], “Therefore, an ablation process and a stick mode process may be carried out with the same level of applied power (45 W-90 W), but the coolant flow rate for the stick mode process is reduced relative to the ablation process. Thus, the absolute level of applied power and the absolute coolant flow rate depends on the needle. But, for a given needle, one may merely modulate the coolant flow in order to switch between a stick mode operation (lower flow) and an ablation process (higher flow).” [0186], inherently describes 2 flow modes one for a stick mode operation and one for a non-stick ablation process).
Regarding Claim 21, Condle in view of Arts discloses all limitations noted above except further comprising energizing the antenna based on reaching the second position.
However, in a similar field of endeavor, Cosman teaches further comprising energizing the antenna based on reaching the second position (“The probe 150 is then withdrawn longitudinally (i.e. in the direction of the probe's shaft length 151, 152), with the ablation output either turned off or not turned off, by approximately the length of active tip 151 to reach the position of probe 150 that is shown in FIG. 6B. Then, a second portion 600B of the total ablation zone 600 is generated around the active tip 151 in that position. The ablation zones 600A and 600B are blended together by thermal diffusion within the tissue to form total ablation zone 600, and an inner border of zone 600B is depicted by a dotted outline within total ablation 600. The probe 150 is then again withdrawn longitudinally by approximately the length of active tip 151, with the ablation output either turned off or not turned off, to the position show in FIG. 6C.” [0085]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts as outlined above with an ablation probe within a patient at a first position, emitting, from an ultrasound transducer, a sound wave toward the ablation probe; receiving, at the ultrasound transducer, a reflected sound wave from the ablation probe; displaying, on a display, an image corresponding to the reflected sound wave; and moving the ablation probe from the first position to a second position while conveying the first flow rate of coolant and abstaining from energizing from the antenna as taught by Cosman, because it allows for real-time imaging of the probe location and ablation process relative to target and non-target anatomical structures [0003].
Claims 3-5, 12-13, & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Condle in view of Arts and further in view of Cosman as applied to Claim 1 above, and further in view of Zakaria et al (Zakaria, M. Y., El-Samadony, Y. A., Ismail, I. A., & El-Zahaby, A. (2019). Vibration caused by swing check valve closure. IOP Conference Series: Materials Science and Engineering, 610(1), 012050.; hereinafter referred to as Zakaria)
Regarding Claim 3, Condle in view of Arts and further in view of Cosman discloses that the system further comprises a vibrating component coupled to, and positioned at, to a distal end of the cooling tube (“The eccentric weight 212 is mechanically connected to the motor 210 via a mechanical linkage assembly 216 designed to transfer mechanical vibration energy from the motor 210 through a longitudinal member 213, such as a shaft or cooling jacket, of the probe 214 to the eccentric weight 212.” [0082]).
Condle in view of Arts and further in view of Cosman does not specifically teach the vibrating component is a check valve.
However, in a similar field of endeavor, Zakaria teaches the vibration caused by a swing check valve, and making use of that vibration by modifying or redesigning the swing check valve [Introduction Pg. 1]
Zakaria also teaches that the vibrating component is a check valve (“SCV consists of a disc/flapper hinged above the flow path, this disc opens and closes by no external aid (pilot, signal, force, etc.) but with the physical properties of both the flapper and the flow, i.e. the weight of the flapper and the hydrodynamic forces of the flowing flow” [Introduction], “Figure 7 shows clearly that at larger flow velocities the flapper tends to encounter much vibration than it at lower flow velocities.” [Results])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts and further in view of Cosman as outlined above with the vibrating component is a check valve as taught by Zakaria, because it provides lower pressure drop, high valve flow coefficient, and ease of maintenance [Abstract].
Regarding Claim 4, Condle in view of Arts and further in view of Cosman discloses all limitations above except that the check valve is transitionable between: an open state, in which the check valve permits coolant to exit the distal end of the cooling tube; and a closed state, in which the check valve prevents coolant from exiting the distal end of the cooling tube, wherein movement of the check valve between the closed and open states causes the ablation probe to vibrate.
However, Zakaria teaches that the check valve is transitionable between: an open state, in which the check valve permits coolant to exit the distal end of the cooling tube; and a closed state, in which the check valve prevents coolant from exiting the distal end of the cooling tube, wherein movement of the check valve between the closed and open states causes the ablation probe to vibrate (“Check valve or non-return valve is a commonly used component in fluid control systems, the function of the check valve is to allow the fluid to flow in one direction and prevent it from flowing backward in the opposite direction.” [Abstract], “SCV consists of a disc/flapper hinged above the flow path, this disc opens and closes by no external aid (pilot, signal, force, etc.) but with the physical properties of both the flapper and the flow, i.e. the weight of the flapper and the hydrodynamic forces of the flowing flow” [Introduction], “Figure 7 shows clearly that at larger flow velocities the flapper tends to encounter much vibration than it at lower flow velocities.” [Results]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts and further in view of Cosman as outlined above with the check valve is transitionable between: an open state, in which the check valve permits coolant to exit the distal end of the cooling tube; and a closed state, in which the check valve prevents coolant from exiting the distal end of the cooling tube, wherein movement of the check valve between the closed and open states causes the ablation probe to vibrate as taught by Zakaria, because it provides lower pressure drop, high valve flow coefficient, and ease of maintenance [Abstract].
Regarding Claim 5, Condle in view of Arts and further in view of Cosman discloses all limitations above except further comprising a torsion spring configured to bias the check valve toward the closed state.
However, Zakaria teaches further comprising a torsion spring configured to bias the check valve toward the closed state (“The basic construction of the SCV is shown in Figure 1. Though the SCV has many advantages, but it also has some disadvantages like longer closing time that may cause valve slam and pressure spikes in the system that is why some SCVs are equipped with a torsion spring on the hinge to assist the closure action of the valve, reducing closing time and reversed flow, thus, reducing valve slam.” [Introduction]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts and further in view of Cosman as outlined above with further comprising a torsion spring configured to bias the check valve toward the closed state as taught by Zakaria, because it provides lower pressure drop, high valve flow coefficient, and ease of maintenance [Abstract].
Regarding Claim 12, Condle in view of Arts and further in view of Cosman discloses that the system further comprises a vibrating component coupled to, and positioned at, to a distal end of the cooling tube (“The eccentric weight 212 is mechanically connected to the motor 210 via a mechanical linkage assembly 216 designed to transfer mechanical vibration energy from the motor 210 through a longitudinal member 213, such as a shaft or cooling jacket, of the probe 214 to the eccentric weight 212.” [0082]).
Condle in view of Arts and further in view of Cosman does not specifically teach the vibrating component is a check valve.
However, in a similar field of endeavor, Zakaria teaches the vibration caused by a swing check valve, and making use of that vibration by modifying or redesigning the swing check valve [Introduction Pg. 1]
Zakaria also teaches that the vibrating component is a check valve (“SCV consists of a disc/flapper hinged above the flow path, this disc opens and closes by no external aid (pilot, signal, force, etc.) but with the physical properties of both the flapper and the flow, i.e. the weight of the flapper and the hydrodynamic forces of the flowing flow” [Introduction], “Figure 7 shows clearly that at larger flow velocities the flapper tends to encounter much vibration than it at lower flow velocities.” [Results])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts and further in view of Cosman as outlined above with the vibrating component is a check valve as taught by Zakaria, because it provides lower pressure drop, high valve flow coefficient, and ease of maintenance [Abstract].
Regarding Claim 13, Condle in view of Arts and further in view of Cosman discloses all limitations above except further comprising a spring configured to bias the check valve to the closed state.
However, Zakaria teaches further comprising a spring configured to bias the check valve to the closed state (“The basic construction of the SCV is shown in Figure 1. Though the SCV has many advantages, but it also has some disadvantages like longer closing time that may cause valve slam and pressure spikes in the system that is why some SCVs are equipped with a torsion spring on the hinge to assist the closure action of the valve, reducing closing time and reversed flow, thus, reducing valve slam.” [Introduction]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts and further in view of Cosman as outlined above with further comprising a spring configured to bias the check valve to the closed state as taught by Zakaria, because it provides lower pressure drop, high valve flow coefficient, and ease of maintenance [Abstract].
Regarding Claim 18, Condle in view of Arts and further in view of Cosman discloses all limitations above except that further comprising transitioning a check valve coupled to the ablation probe between open and closed states while conveying the first flow rate of coolant.
However, Zakaria teaches that further comprising transitioning a check valve coupled to the ablation probe between open and closed states while conveying the first flow rate of coolant (“Check valve or non-return valve is a commonly used component in fluid control systems, the function of the check valve is to allow the fluid to flow in one direction and prevent it from flowing backward in the opposite direction.” [Abstract], “SCV consists of a disc/flapper hinged above the flow path, this disc opens and closes by no external aid (pilot, signal, force, etc.) but with the physical properties of both the flapper and the flow, i.e. the weight of the flapper and the hydrodynamic forces of the flowing flow” [Introduction], “Figure 7 shows clearly that at larger flow velocities the flapper tends to encounter much vibration than it at lower flow velocities.” [Results]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts and further in view of Cosman as outlined above with further comprising transitioning a check valve coupled to the ablation probe between open and closed states while conveying the first flow rate of coolant as taught by Zakaria, because it provides lower pressure drop, high valve flow coefficient, and ease of maintenance [Abstract].
Claims 6, 14-15, & 19 are rejected under 35 U.S.C. 103 as being unpatentable over Condle in view of Arts and further in view of Cosman as applied to Claim 1 & 9 above, and further in view of Skujins et al (US20200323546A1; hereinafter referred to as Skujins)
Regarding Claim 6, Condle in view of Arts and further in view of Cosman discloses all limitations above except further comprising a reed arranged at a distal end of the cooling tube.
However, in a similar field of endeavor, Skujins teaches a medical catheter used to access and treat defects in blood vessels [0002].
Skujins also teaches further comprising a reed arranged at, and within, a distal end of the cooling tube (“Flow oscillator 62 also includes an oscillating portion 78 configured to oscillate in response to the oscillating pressure differential. As explained above, flow diverting portion 72 creates an oscillating pressure differential that produces an oscillating jet of fluid. Oscillating portion 78 may include an oscillation structure 80 and at least one amplification structure 82. Oscillating structure 80 may be configured to oscillate in response to oscillation of the oscillating jet. For example, oscillating structure 80 may include a pivot or flexible structure that allows oscillating structure 80 to oscillate in response to oscillations of the oscillating jet. Amplification structure 82 may be configured to contact oscillating structure 80 to increase an amplitude of vibration caused by the oscillating jet. For example, as a flow rate of the oscillating jet increases, a magnitude of impact of oscillating structure 80 on amplification structure 82 may increase, such that an amplitude of vibration may increase. In some examples, oscillating structure 80 comprises at least one of a flap, a roller, a ball, or a paddle, or combinations thereof. In this way, vibrations caused by oscillating flow of fluid oscillator 62 may be modified.” [0077])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts and further in view of Cosman as outlined above with a reed arranged at, and within, a distal end of the cooling tube as taught by Skujins, because it allows for vibrations caused by oscillating flow of fluid to be modified [0077].
Regarding Claim 14, Condle in view of Arts and further in view of Cosman discloses all limitations above except further comprising a reed arranged at, and within, a distal end of the cooling tube.
However, in a similar field of endeavor, Skujins teaches a medical catheter used to access and treat defects in blood vessels [0002].
Skujins also teaches further comprising a reed arranged at, and within, a distal end of the cooling tube (“Flow oscillator 62 also includes an oscillating portion 78 configured to oscillate in response to the oscillating pressure differential. As explained above, flow diverting portion 72 creates an oscillating pressure differential that produces an oscillating jet of fluid. Oscillating portion 78 may include an oscillation structure 80 and at least one amplification structure 82. Oscillating structure 80 may be configured to oscillate in response to oscillation of the oscillating jet. For example, oscillating structure 80 may include a pivot or flexible structure that allows oscillating structure 80 to oscillate in response to oscillations of the oscillating jet. Amplification structure 82 may be configured to contact oscillating structure 80 to increase an amplitude of vibration caused by the oscillating jet. For example, as a flow rate of the oscillating jet increases, a magnitude of impact of oscillating structure 80 on amplification structure 82 may increase, such that an amplitude of vibration may increase. In some examples, oscillating structure 80 comprises at least one of a flap, a roller, a ball, or a paddle, or combinations thereof. In this way, vibrations caused by oscillating flow of fluid oscillator 62 may be modified.” [0077])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts and further in view of Cosman as outlined above with a reed arranged at, and within, a distal end of the cooling tube as taught by Skujins, because it allows for vibrations caused by oscillating flow of fluid to be modified [0077].
Regarding Claim 15, Condle in view of Arts and further in view of Cosman discloses all limitations above except conveying the first flow rate of coolant through the cooling tube causes the reed to vibrate.
However, in a similar field of endeavor, Skujins teaches a medical catheter used to access and treat defects in blood vessels [0002].
Skujins also teaches conveying the first flow rate of coolant through the cooling tube causes the reed to vibrate (“Flow oscillator 62 also includes an oscillating portion 78 configured to oscillate in response to the oscillating pressure differential. As explained above, flow diverting portion 72 creates an oscillating pressure differential that produces an oscillating jet of fluid. Oscillating portion 78 may include an oscillation structure 80 and at least one amplification structure 82. Oscillating structure 80 may be configured to oscillate in response to oscillation of the oscillating jet. For example, oscillating structure 80 may include a pivot or flexible structure that allows oscillating structure 80 to oscillate in response to oscillations of the oscillating jet. Amplification structure 82 may be configured to contact oscillating structure 80 to increase an amplitude of vibration caused by the oscillating jet. For example, as a flow rate of the oscillating jet increases, a magnitude of impact of oscillating structure 80 on amplification structure 82 may increase, such that an amplitude of vibration may increase. In some examples, oscillating structure 80 comprises at least one of a flap, a roller, a ball, or a paddle, or combinations thereof. In this way, vibrations caused by oscillating flow of fluid oscillator 62 may be modified.” [0077])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts and further in view of Cosman as outlined above with conveying the first flow rate of coolant through the cooling tube causes the reed to vibrate as taught by Skujins, because it allows for vibrations caused by oscillating flow of fluid to be modified [0077].
Regarding Claim 19, Condle in view of Arts and further in view of Cosman discloses all limitations above except further comprising vibrating a reed coupled to the ablation probe while conveying the first flow rate of coolant.
However, in a similar field of endeavor, Skujins teaches a medical catheter used to access and treat defects in blood vessels [0002].
Skujins also teaches further comprising vibrating a reed coupled to the ablation probe while conveying the first flow rate of coolant (“Flow oscillator 62 also includes an oscillating portion 78 configured to oscillate in response to the oscillating pressure differential. As explained above, flow diverting portion 72 creates an oscillating pressure differential that produces an oscillating jet of fluid. Oscillating portion 78 may include an oscillation structure 80 and at least one amplification structure 82. Oscillating structure 80 may be configured to oscillate in response to oscillation of the oscillating jet. For example, oscillating structure 80 may include a pivot or flexible structure that allows oscillating structure 80 to oscillate in response to oscillations of the oscillating jet. Amplification structure 82 may be configured to contact oscillating structure 80 to increase an amplitude of vibration caused by the oscillating jet. For example, as a flow rate of the oscillating jet increases, a magnitude of impact of oscillating structure 80 on amplification structure 82 may increase, such that an amplitude of vibration may increase. In some examples, oscillating structure 80 comprises at least one of a flap, a roller, a ball, or a paddle, or combinations thereof. In this way, vibrations caused by oscillating flow of fluid oscillator 62 may be modified.” [0077])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts and further in view of Cosman as outlined above with further comprising vibrating a reed coupled to the ablation probe while conveying the first flow rate of coolant as taught by Skujins, because it allows for vibrations caused by oscillating flow of fluid to be modified [0077].
Claims 20 are rejected under 35 U.S.C. 103 as being unpatentable over Condle in view of Arts and further in view of Cosman as applied to Claim 16 above, and further in view of Skujins et al (US20200323546A1; hereinafter referred to as Skujins)
Regarding Claim 20, Condle discloses the antenna is configured to prevent tissue from adhering to the antenna when the second flow rate of coolant is conveyed through the cooling tube (“the controller can be configured to initiate such a stick mode upon receiving an input from a user interface to perform the stick mode procedure. ” [0173], “Therefore, an ablation process and a stick mode process may be carried out with the same level of applied power (45 W-90 W), but the coolant flow rate for the stick mode process is reduced relative to the ablation process. Thus, the absolute level of applied power and the absolute coolant flow rate depends on the needle. But, for a given needle, one may merely modulate the coolant flow in order to switch between a stick mode operation (lower flow) and an ablation process (higher flow).” [0186], inherently describes 2 flow modes one for a stick mode operation and one for a non-stick ablation process).
Condle in view of Arts and further in view of Cosman does not specifically teach a seal interposing the stick region and the antenna.
However, in a similar field of endeavor, Brannan teaches systems and methods for providing energy to biological tissue and, more particularly, to a microwave ablation surgical probe having a concentric tubular structure and conical distal tip, and methods of use and manufacture therefor [0003].
Brannan also teaches a seal interposing the stick region and the antenna (“an electromagnetic surgical ablation probe according to the present disclosure includes a coaxial feedline having an inner conductor, outer conductor and a dielectric disposed therebetween. The outer conductor is truncated (e.g., stripped), whereby the inner conductor and dielectric extend beyond the outer conductor. A radiating section is coupled to the distal end of the inner conductor, and a distal tip is coupled to a distal end of the radiating section. The tip includes a generally cylindrical proximal tip extension having at least one o-ring disposed thereabout, which may help seal the coolant chamber from fluid leakage.” [0017])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Condle in view of Arts and further in view of Cosman as outlined above with a seal interposing the stick region and the antenna as taught by Brannan, because it may help seal the coolant chamber from fluid leakage [0017].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 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.
Applicant's arguments filed 02/19/2026 have been fully considered but they are not persuasive.
Regarding the U.S.C. 103 rejection of Claim 16 the applicant argues the following:
Specifically, independent claim 16 has been amended to require "positioning an ablation probe that includes an antenna within a patient at a first position" and "moving the ablation probe from the first position to a second position while conveying the first flow rate of coolant and abstaining from energizing from the antenna." Applicant submits that Cosman and Arts, alone or in combination with each other, fail to disclose, teach, or suggest amended independent claim 16.
However, it is noted that in paragraph [0085] of Cosman it is specifically disclosed that the ablation probe is moved while the antenna is non energized (“The probe 150 is then withdrawn longitudinally (i.e. in the direction of the probe's shaft length 151, 152), with the ablation output either turned off or not turned off, by approximately the length of active tip 151 to reach the position of probe 150 that is shown in FIG. 6B. Then, a second portion 600B of the total ablation zone 600 is generated around the active tip 151 in that position. The ablation zones 600A and 600B are blended together by thermal diffusion within the tissue to form total ablation zone 600, and an inner border of zone 600B is depicted by a dotted outline within total ablation 600. The probe 150 is then again withdrawn longitudinally by approximately the length of active tip 151, with the ablation output either turned off or not turned off, to the position show in FIG. 6C.” [0085])
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN MALDONADO whose telephone number is 703-756-1421. The examiner can normally be reached 8:00 am-4:00 pm PST M-Th 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, Christopher Koharski can be reached on (571) 272-7230. 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.
/Steven Maldonado/
Patent Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
Prosecution Insights