DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim 21, 22, 31, and 32 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Turovskiy (US 20050015081 A1) in view of Brannan (US 20110208180 A1).
Regarding claim 21, Turovskiy teaches a microwave ablation device ([0091] The radiating portion 380 may remain in direct contact with tumor 384 to effect microwave ablation treatment), comprising: a handle assembly ([0067] FIG. 4C shows handle assembly); a tubular member extending distally from the handle assembly and defining a lumen (Fig 4; outer jacket 108); a feedline extending through the lumen defined by the tubular member (Fig 3; feedline 74) the feedline including an inner conductor (Fig 3; inner conductor 86), an outer conductor (Fig 3; outer conductor 84), and a dielectric disposed between the inner conductor and the outer conductor ([0064] A dielectric material 88 is preferably disposed between outer and inner conductors 84, 86); and configured to radiate microwave energy ([0066] Microwave antenna 104 may be positioned within handle assembly 102 such that the radiating portion 106 of antenna 104 extends distally into outer jacket 108 towards tip 110); and at least one temperature sensor disposed on the tubular member ([0070] Temperature sensors (such as thermistors, thermocouples, etc.) may be incorporated within or upon the outer jacket 108 to sense the fluid and/or outer jacket 108 temperatures).
Turovskiy fails to fully teach a radiating portion coupled to a distal end portion of the inner conductor, and a sensor proximal to the distal end portion of the inner conductor. However, Brannan teaches a radiating portion coupled to a distal end portion of the inner conductor ([0023] Microwave antenna 512 includes a radiating section or portion 518 that may be connected by a feedline or shaft 520 to coaxial cable 516 that extends from the proximal end of the microwave antenna 512 and includes an inner conductor operably disposed within the shaft 520 and adjacent radiating section 518 and/or a conductive or radiating tissue piercing tip 524), and a sensor proximal to the distal end portion of the inner conductor ([0025] With reference now to FIG. 2A, one or more thermal sensors 136 are operably disposed along a length of the shaft 112 adjacent a radiating section 138 of the microwave antenna 100) (Fig 3A). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include a radiating portion coupled to a distal end portion of the inner conductor, and a sensor proximal to the distal end portion of the inner conductor. Doing so allows for the distal end to ablate tissue and a sensor to monitor the temperature at the ablation point.
Regarding claim 22, Turovskiy teaches the microwave ablation device according to claim 21, wherein the at least one temperature sensor is a thermocouple ([0070] Temperature sensors (such as thermistors, thermocouples, etc.) may be incorporated within or upon the outer jacket 108).
Regarding claim 31, Turovskiy teaches a microwave ablation device ([0091] The radiating portion 380 may remain in direct contact with tumor 384 to effect microwave ablation treatment), comprising: a tubular member extending distally from a handle assembly and defining a longitudinal axis (Fig 4; outer jacket 108); a distal tip extending distally from a distal end of the tubular member ([0066] Outer jacket 108 may extend and terminate at tip 110); a feedline extending through a lumen defined by the tubular member (Fig 3; feedline 74), the feedline including, an inner conductor (Fig 3; inner conductor 86), an outer conductor coaxially surrounding at least a portion of the inner conductor (Fig 3; outer conductor 84), and a dielectric material disposed between the inner and outer conductors ([0064] A dielectric material 88 is preferably disposed between outer and inner conductors 84, 86).
Turovskiy fails to fully teach a first thermocouple disposed on the tubular member at a first distance from the distal tip; a second thermocouple disposed on the tubular member at a second distance from the distal tip, the second thermocouple axially spaced proximally along the longitudinal axis from the first thermocouple; and a third thermocouple disposed on the tubular member at a third distance from the distal tip, the third thermocouple axially spaced proximally along the longitudinal axis from the second thermocouple.
However, Brannan teaches a first thermocouple disposed on the tubular member at a first distance from the distal tip (Fig 3A; sensors 136a-f); a second thermocouple disposed on the tubular member at a second distance from the distal tip (Fig 3A; sensors 136a-f), the second thermocouple axially spaced proximally along the longitudinal axis from the first thermocouple (Fig 3A; sensors 136a-f); and a third thermocouple disposed on the tubular member at a third distance from the distal tip (Fig 3A; sensors 136a-f), the third thermocouple axially spaced proximally along the longitudinal axis from the second thermocouple (Fig 3A; sensors 136a-f). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include a first thermocouple disposed on the tubular member at a first distance from the distal tip; a second thermocouple disposed on the tubular member at a second distance from the distal tip, the second thermocouple axially spaced proximally along the longitudinal axis from the first thermocouple; and a third thermocouple disposed on the tubular member at a third distance from the distal tip, the third thermocouple axially spaced proximally along the longitudinal axis from the second thermocouple. Doing so allows for temperature to be sensed at varying locations on the tube.
Regarding claim 32, Turovskiy teaches the microwave ablation device according to claim 31, configured to radiate microwave energy ([0066] Microwave antenna 104 may be positioned within handle assembly 102 such that the radiating portion 106 of antenna 104 extends distally into outer jacket 108 towards tip 110).
Turovskiy fails to teach further comprising a radiating portion coupled to a distal end portion of the inner conductor.
However, Brannan teaches further comprising a radiating portion coupled to a distal end portion of the inner conductor ([0023] Microwave antenna 512 includes a radiating section or portion 518 that may be connected by a feedline or shaft 520 to coaxial cable 516 that extends from the proximal end of the microwave antenna 512 and includes an inner conductor operably disposed within the shaft 520 and adjacent radiating section 518 and/or a conductive or radiating tissue piercing tip 524). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include further comprising a radiating portion coupled to a distal end portion of the inner conductor. Doing so allows for a distal point, connected by the inner conductor, to be supplied power to ablate tissue at the distal point.
Claim 23 and 37 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Turovskiy (US 20050015081 A1) in view of Brannan (US 20110077639 A1), further in view of Schmitz (US 20100331883 A1).
Regarding claim 23, Turovskiy teaches the microwave ablation device according to claim 21, but fails to teach further comprising a transmission wire extending proximally from the at least one temperature sensor along the tubular member, the transmission wire configured to communicate a temperature signal to a microwave energy source.
However, Schmitz teaches further comprising a transmission wire extending proximally from the at least one temperature sensor along the tubular member ([1092] flexible insulated wires for the transmission of electrical signals from a sensor, flexible insulated wires for the transmission of electrical signals towards the distal end of the wires, energy transmission wires, or some combination thereof), the transmission wire configured to communicate a temperature signal to a microwave energy source ([1092] flexible insulated wires for the transmission of electrical signals from a sensor, flexible insulated wires for the transmission of electrical signals towards the distal end of the wires, energy transmission wires, or some combination thereof). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include comprising a transmission wire extending proximally from the at least one temperature sensor along the tubular member, the transmission wire configured to communicate a temperature signal to a microwave energy source. Doing so allows for electrical connection between the temperature sensor and the energy source to regulate the source power to an amount that is needed by the sensor.
Regarding claim 37, Turovskiy teaches the microwave ablation device according to claim 31, but fails to teach wherein each of the first, second, and third thermocouples includes a transmission wire configured to communicate a temperature signal to a microwave energy source.
However, Schmitz teaches wherein each of the first, second, and third thermocouples includes a transmission wire ([1092] flexible insulated wires for the transmission of electrical signals from a sensor, flexible insulated wires for the transmission of electrical signals towards the distal end of the wires, energy transmission wires, or some combination thereof) configured to communicate a temperature signal to a microwave energy source ([1092] flexible insulated wires for the transmission of electrical signals from a sensor, flexible insulated wires for the transmission of electrical signals towards the distal end of the wires, energy transmission wires, or some combination thereof). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include wherein each of the first, second, and third thermocouples includes a transmission wire configured to communicate a temperature signal to a microwave energy source. Doing so allows for electrical connection between the temperature sensor and the energy source to regulate the source power to an amount that is needed by the sensor.
Claim 24-26, 36, 39, and 40 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Turovskiy (US 20050015081 A1) in view of Brannan (US 20110077639 A1), further in view of Hoey (US 20110160648 A1).
Regarding claim 24, Turovskiy teaches the microwave ablation device according to claim 21, but fails to fully teach wherein the at least one temperature sensor is spaced about 3.0 inches from a distal tip of the microwave ablation device.
However, Hoey teaches wherein the at least one temperature sensor is spaced about 3.0 inches from a distal tip of the microwave ablation device ([0106] FIG. 7, the sensor comprises at least one thermocouple or other temperature sensor indicated at 185a, 185b and 185c that are coupled to leads (indicated schematically at 186a, 186b and 186c) for sending feedback signals to controller 150. The temperature sensor can be a singular component or can be plurality of components spaced apart over any selected portion of the probe and working end) ([0106] The sensors can be spaced apart by at least 0.05 mm, 1 mm, 5 mm, 10 mm and 50 mm). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include wherein the at least one temperature sensor is spaced about 3.0 inches from a distal tip of the microwave ablation device. Doing so allows for optimal placement for the sensor to not interfere with the radiating portion.
Further, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the at least one temperature sensor is spaced about 3.0 inches from a distal tip of the microwave ablation device, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 25, Turovskiy teaches the microwave ablation device according to claim 21, but fails to fully teach wherein the at least one temperature sensor includes three temperature sensors longitudinally spaced from each other along the tubular member, each of the three temperature sensors spaced a different distance from a distal tip of the microwave ablation device.
However, Hoey teaches wherein the at least one temperature sensor includes three temperature sensors longitudinally spaced from each other along the tubular member ([0106] FIG. 7, the sensor comprises at least one thermocouple or other temperature sensor indicated at 185a, 185b and 185c that are coupled to leads (indicated schematically at 186a, 186b and 186c) for sending feedback signals to controller 150. The temperature sensor can be a singular component or can be plurality of components spaced apart over any selected portion of the probe and working end) ([0106] The sensors can be spaced apart by at least 0.05 mm, 1 mm, 5 mm, 10 mm and 50 mm), each of the three temperature sensors spaced a different distance from a distal tip of the microwave ablation device ([0106] FIG. 7, the sensor comprises at least one thermocouple or other temperature sensor indicated at 185a, 185b and 185c that are coupled to leads (indicated schematically at 186a, 186b and 186c) for sending feedback signals to controller 150. The temperature sensor can be a singular component or can be plurality of components spaced apart over any selected portion of the probe and working end) ([0106] The sensors can be spaced apart by at least 0.05 mm, 1 mm, 5 mm, 10 mm and 50 mm). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include wherein the at least one temperature sensor includes three temperature sensors longitudinally spaced from each other along the tubular member, each of the three temperature sensors spaced a different distance from a distal tip of the microwave ablation device. Doing so allows for temperature to be sensed at varying distances along the probe.
Regarding claim 26, Turovskiy teaches the microwave ablation device according to claim 21, but fails to fully teach wherein the at least one temperature sensor is spaced from a distal tip of the microwave ablation device by one of about 0.8 inches, about 1.0 inch, about 1.2 inches, or about 1.4 inches.
However, Hoey teaches wherein the at least one temperature sensor is spaced from a distal tip of the microwave ablation device by one of about 0.8 inches, about 1.0 inch, about 1.2 inches, or about 1.4 inches ([0106] The sensors can be spaced apart by at least 0.05 mm, 1 mm, 5 mm, 10 mm and 50 mm). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include wherein the at least one temperature sensor is spaced from a distal tip of the microwave ablation device by one of about 0.8 inches, about 1.0 inch, about 1.2 inches, or about 1.4 inches. Doing so allows for temperature to be sensed at varying distances along the probe.
Further, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the at least one temperature sensor is spaced from a distal tip of the microwave ablation device by one of about 0.8 inches, about 1.0 inch, about 1.2 inches, or about 1.4 inches, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 36, Turovskiy teaches the microwave ablation device according to claim 31, but fails to fully teach wherein one of the first, second, or third thermocouples is spaced about 3.0 inches from the distal tip of the microwave ablation device.
However, Hoey teaches wherein one of the first, second, or third thermocouples is spaced about 3.0 inches from the distal tip of the microwave ablation device ([0106] FIG. 7, the sensor comprises at least one thermocouple or other temperature sensor indicated at 185a, 185b and 185c that are coupled to leads (indicated schematically at 186a, 186b and 186c) for sending feedback signals to controller 150. The temperature sensor can be a singular component or can be plurality of components spaced apart over any selected portion of the probe and working end) ([0106] The sensors can be spaced apart by at least 0.05 mm, 1 mm, 5 mm, 10 mm and 50 mm). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include wherein one of the first, second, or third thermocouples is spaced about 3.0 inches from the distal tip of the microwave ablation device. Doing so allows for the sensor to be located at a point where it will not be affected by the radiating portion.
Further, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein one of the first, second, or third thermocouples is spaced about 3.0 inches from the distal tip of the microwave ablation device, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 39, Turovskiy teaches the microwave ablation device according to claim 31, but fails to fully teach wherein the first thermocouple is spaced from the distal tip by about 0.8 inches, the second thermocouple is spaced from the distal tip by about 1.0 inch, and the third thermocouple is spaced from the distal tip by about 1.2 inches.
However, Hoey teaches wherein the first thermocouple is spaced from the distal tip by about 0.8 inches, the second thermocouple is spaced from the distal tip by about 1.0 inch, and the third thermocouple is spaced from the distal tip by about 1.2 inches ([0106] FIG. 7, the sensor comprises at least one thermocouple or other temperature sensor indicated at 185a, 185b and 185c that are coupled to leads (indicated schematically at 186a, 186b and 186c) for sending feedback signals to controller 150. The temperature sensor can be a singular component or can be plurality of components spaced apart over any selected portion of the probe and working end) ([0106] The sensors can be spaced apart by at least 0.05 mm, 1 mm, 5 mm, 10 mm and 50 mm). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include wherein the first thermocouple is spaced from the distal tip by about 0.8 inches, the second thermocouple is spaced from the distal tip by about 1.0 inch, and the third thermocouple is spaced from the distal tip by about 1.2 inches. Doing so allows for temperature to be sensed at varying distances along the probe.
Further, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the first thermocouple is spaced from the distal tip by about 0.8 inches, the second thermocouple is spaced from the distal tip by about 1.0 inch, and the third thermocouple is spaced from the distal tip by about 1.2 inches, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 40, Turovskiy teaches a microwave ablation device ([0091] The radiating portion 380 may remain in direct contact with tumor 384 to effect microwave ablation treatment), comprising: a handle assembly ([0067] FIG. 4C shows handle assembly); a tubular member extending distally from the handle assembly and defining a longitudinal axis (Fig 4; outer jacket 108); a feedline extending through a lumen defined by the tubular member (Fig 3; feedline 74), the feedline including an inner conductor (Fig 3; inner conductor 86), an outer conductor (Fig 3; outer conductor 84), and a dielectric disposed between the inner conductor and the outer conductor ([0064] A dielectric material 88 is preferably disposed between outer and inner conductors 84, 86); and configured to radiate microwave energy ([0066] Microwave antenna 104 may be positioned within handle assembly 102 such that the radiating portion 106 of antenna 104 extends distally into outer jacket 108 towards tip 110), disposed on the tubular member ([0070] Temperature sensors (such as thermistors, thermocouples, etc.) may be incorporated within or upon the outer jacket 108 to sense the fluid and/or outer jacket 108 temperatures).
Turovskiy fails to fully teach a radiating portion coupled to a distal end portion of the inner conductor; and a plurality of thermocouples; axially spaced from each other along the longitudinal axis, wherein the plurality of thermocouples is disposed on the tubular member proximal to the distal end portion of the inner conductor.
However, Brannan teaches a radiating portion coupled to a distal end portion of the inner conductor ([0023] Microwave antenna 512 includes a radiating section or portion 518 that may be connected by a feedline or shaft 520 to coaxial cable 516 that extends from the proximal end of the microwave antenna 512 and includes an inner conductor operably disposed within the shaft 520 and adjacent radiating section 518 and/or a conductive or radiating tissue piercing tip 524). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include a radiating portion coupled to a distal end portion of the inner conductor. Doing so allows for radiating portion to be located at the distal tip for contacting tissue.
Further, Hoey teaches a plurality of thermocouples ([0106] FIG. 7, the sensor comprises at least one thermocouple or other temperature sensor indicated at 185a, 185b and 185c that are coupled to leads (indicated schematically at 186a, 186b and 186c) for sending feedback signals to controller 150. The temperature sensor can be a singular component or can be plurality of components spaced apart over any selected portion of the probe and working end), axially spaced from each other along the longitudinal axis ([0106] FIG. 7, the sensor comprises at least one thermocouple or other temperature sensor indicated at 185a, 185b and 185c that are coupled to leads (indicated schematically at 186a, 186b and 186c) for sending feedback signals to controller 150. The temperature sensor can be a singular component or can be plurality of components spaced apart over any selected portion of the probe and working end), wherein the plurality of thermocouples is disposed on the tubular member proximal to the distal end portion of the inner conductor ([0106] FIG. 7, the sensor comprises at least one thermocouple or other temperature sensor indicated at 185a, 185b and 185c that are coupled to leads (indicated schematically at 186a, 186b and 186c) for sending feedback signals to controller 150. The temperature sensor can be a singular component or can be plurality of components spaced apart over any selected portion of the probe and working end). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include a plurality of thermocouples; axially spaced from each other along the longitudinal axis, wherein the plurality of thermocouples is disposed on the tubular member proximal to the distal end portion of the inner conductor. Doing so allows for temperature to be sensed at varying distances along the probe.
Claim 27, 28 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Turovskiy (US 20050015081 A1) in view of Brannan (US 20110077639 A1), further in view of Prakash (US 20110319880 A1).
Regarding claim 27, Turovskiy teaches the microwave ablation device according to claim 21, but fails to teach wherein the tubular member includes a plurality of layers of glass fiber material.
However, Prakash teaches wherein the tubular member includes a plurality of layers of glass fiber material ([0038] Outer catheter 205 may be formed from any suitable fluid-impermeable material, including without limitation, fiberglass composite, carbon fiber, aluminum, stainless steel, and so forth). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include wherein the tubular member includes a plurality of layers of fiber glass material. Doing so reinforces the tube and insulates the tube from electrical activity.
Regarding claim 28, Turovskiy teaches the microwave ablation device according to claim 27, wherein the at least one temperature sensor is embedded in at least one layer of the plurality of layers ([0070] Temperature sensors (such as thermistors, thermocouples, etc.) may be incorporated within or upon the outer jacket 108 to sense the fluid and/or outer jacket 108 temperatures), but fails to teach of the glass fiber material.
However, Prakash teaches the glass fiber material ([0038] Outer catheter 205 may be formed from any suitable fluid-impermeable material, including without limitation, fiberglass composite, carbon fiber, aluminum, stainless steel, and so forth). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include a glass fiber material. Doing so reinforces the tube and insulates the tube from electrical activity.
Claim 29, 33 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Turovskiy (US 20050015081 A1) in view of Brannan (US 20110077639 A1), further in view of Brannan (2) (US 20110282336 A1).
Regarding claim 29, Turovskiy teaches the microwave ablation device according to claim 21, but fails to teach further comprising a balun coaxially disposed on the outer conductor proximal to the radiating portion.
However, Brannan (2) teaches further comprising a balun coaxially disposed on the outer conductor proximal to the radiating portion ([0115] First balun structure 2408) ([0113] Balun structure "B" generally includes a first balun structure 2408 disposed proximal to the radiating section 2405). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include a balun coaxially disposed on the outer conductor proximal to the radiating portion. Doing so allows for electrical connection of the balun and outer conductor for a balanced transmission to the radiating component.
Regarding claim 33, Turovskiy teaches the microwave ablation device according to claim 31, but fails to teach further comprising a balun coaxially disposed on the outer conductor and having an electrically conductive balun short in contact with an outer surface of the outer conductor.
However, Brannan (2) teaches further comprising a balun coaxially disposed on the outer conductor (Fig 26) and having an electrically conductive balun short in contact with an outer surface of the outer conductor ([0116] FIG. 26, includes a balun short 2478 disposed at the proximal end of the balun insulator 2448. Balun short 2478 may be formed of any suitable electrically-conductive materials, e.g., copper, gold, silver or other conductive metals or metal alloys. In some embodiments, the balun short 2478 has a generally ring-like or truncated tubular shape. Balun short 2478 is electrically coupled to the outer conductor 260 of the feedline 2426). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include a balun coaxially disposed on the outer conductor and having an electrically conductive balun short in contact with an outer surface of the outer conductor. Doing so allows for the balun to contact the outer conductor for electrical connection between the two.
Claim 30, 34, 35 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Turovskiy (US 20050015081 A1) in view of Brannan (US 20110077639 A1), further in view of Brannan (2) (US 20110282336 A1) and Hoey (US 20110160648 A1).
Regarding claim 30, Turovskiy teaches the microwave ablation device according to claim 29, wherein the at least one temperature sensor ([0070] Temperature sensors (such as thermistors, thermocouples, etc.) may be incorporated within or upon the outer jacket 108 to sense the fluid and/or outer jacket 108 temperatures), but fails to teach a proximal end of the balun, and are positioned a same distance from a distal tip of the microwave ablation device.
However, Brannan (2) teaches a proximal end of the balun ([0115] First balun structure 2408) ([0113] Balun structure "B" generally includes a first balun structure 2408 disposed proximal to the radiating section 2405). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include a proximal end of the balun. Doing so allows for the balun to be connected at both a proximal and distal end for proper use.
Further, Hoey teaches are positioned a same distance from a distal tip of the microwave ablation device ([0106] FIG. 7, the sensor comprises at least one thermocouple or other temperature sensor indicated at 185a, 185b and 185c that are coupled to leads (indicated schematically at 186a, 186b and 186c) for sending feedback signals to controller 150. The temperature sensor can be a singular component or can be plurality of components spaced apart over any selected portion of the probe and working end). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include sensors are positioned a same distance from a distal tip of the microwave ablation device. Doing so allows for temperature sensing at the distal tip for identification of any issues at that location during operation.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein a proximal end of the balun and at least one sensor are positioned a same distance from a distal tip of the microwave ablation device, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 34, Turovskiy teaches the microwave ablation device according to claim 33, wherein at least one of the first, second, or third thermocouples is disposed proximal to the balun.
However, Hoey teaches wherein at least one of the first, second, or third thermocouples is disposed ([0106] FIG. 7, the sensor comprises at least one thermocouple or other temperature sensor indicated at 185a, 185b and 185c that are coupled to leads (indicated schematically at 186a, 186b and 186c) for sending feedback signals to controller 150. The temperature sensor can be a singular component or can be plurality of components spaced apart over any selected portion of the probe and working end). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include at least one of the first, second, or third thermocouples is disposed. Doing so allows for temperature sensing at the proximal end of the balun for identification of any issues at that location.
Further, Brannan (2) teaches proximal to the balun ([0115] First balun structure 2408) ([0113] Balun structure "B" generally includes a first balun structure 2408 disposed proximal to the radiating section 2405). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include proximal end of the balun. Doing so allows for the balun to be connected at both a proximal and distal end for proper use.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein at least one of the first, second, or third thermocouples is disposed proximal to the balun, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 35, Turovskiy teaches the microwave ablation device according to claim 33, but fails to teach wherein a proximal end of the balun and at least one of the first, second, or third thermocouples are positioned at a same distance from the distal tip of the microwave ablation device.
However, Hoey teaches at least one of the first, second, or third thermocouples are positioned at a same distance from the distal tip of the microwave ablation device ([0106] FIG. 7, the sensor comprises at least one thermocouple or other temperature sensor indicated at 185a, 185b and 185c that are coupled to leads (indicated schematically at 186a, 186b and 186c) for sending feedback signals to controller 150. The temperature sensor can be a singular component or can be plurality of components spaced apart over any selected portion of the probe and working end). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include at least one of the first, second, or third thermocouples are positioned at a same distance from the distal tip of the microwave ablation device. Doing so allows for temperature sensing at the proximal end of the balun for identification of any issues at that location.
Further, Brannan (2) teaches wherein a proximal end of the balun ([0115] First balun structure 2408) ([0113] Balun structure "B" generally includes a first balun structure 2408 disposed proximal to the radiating section 2405). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include a proximal end of the balun. Doing so allows for the balun to be connected at both a proximal and distal end for proper use.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein a proximal end of the balun and at least one of the first, second, or third thermocouples are positioned at a same distance from the distal tip of the microwave ablation device, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 38 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Turovskiy (US 20050015081 A1) in view of Brannan (US 20110077639 A1), further in view of Schmitz (US 20100331883 A1) and Lee (US 20120053577 A1).
Regarding claim 38, Turovskiy teaches the microwave ablation device according to claim 37, but fails to teach wherein the transmission wire is secured to the tubular member by an epoxy material.
However, Lee teaches wherein the transmission wire is secured to the tubular member by an epoxy material ([0143] Still referring to FIG. 8, in some embodiments, the gap 880 is filled with a material (e.g., epoxy) so bridge the coaxial transmission line 820 and the hollow tube 815). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Turovskiy to include wherein the transmission wire is secured to the tubular member by an epoxy material. Doing so would secure the transmission line to the tube member for connection to the sensors.
Conclusion
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/ASHLEIGH LAUREN KERN/Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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