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 § 102
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 the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 21, 22, 24, 31, 32, and 34 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Palti (US 2005/0209642 A1).
Regarding claim 21, Palti discloses a method of treating a target region of a prostate tissue, the method comprising: placing a plurality of electrodes near the target region (par 0106-0107); and activating a generator to deliver electrical pulses to the prostate tissue via the plurality of electrodes (par 0101-0102, 0106-0107, 0155), wherein: a first set of electrical pulses is delivered to the prostate tissue via a first pair of electrodes, wherein the first set of pulses is less than a total number of desired pulses to be applied by the first pair of electrodes (par 0101-0102, 0106-0107, 0155); a second set of electrical pulses is delivered to the prostate tissue via a second pair of electrodes, wherein the second set of pulses is less than a total number of desired pulses to be applied by the second pair of electrodes (par 0101-0102, 0106-0107, 0155); and additional sets of electrical pulses are delivered via the first and second pairs of electrodes until the total number of desired pulses for each pair is delivered (par 0107).
Regarding claim 22, Palti discloses the total number of desired electrical pulses are sufficient to irreversibly electroporate the prostate tissue in the target region (par 0101-0102, 0106-0107, 0155).
Regarding claim 24, Palti discloses the plurality of electrodes comprises three or more electrodes (par 0107).
Regarding claim 31, Palti discloses a method of treating a target region of a tissue, the method comprising: placing a plurality of electrodes near the target region (par 0106-0107); and activating a generator to deliver electrical pulses to the target region via the plurality of electrodes (par 0101-0102, 0106-0107, 0155), wherein: a total number of electrical pulses to be applied between the plurality of electrodes is divided into subsets of electrical pulses (par 0101-0102, 0106-0107, 0155), each subset is sequentially applied between the plurality of electrodes until all of the electrodes have been activated to define a pulse cycle (par 0101-0102, 0106-0107, 0155), and the pulse cycles are repeated until the total number of electrical pulses are applied (par 0101-0102, 0106-0107, 0155).
Regarding claim 32, Palti discloses the tissue comprises prostate tissue (par 0101-0102, 0106-0107, 0155).
Regarding claim 34, Palti discloses the plurality of electrodes comprises three or more electrodes (par 0107).
Allowable Subject Matter
Claims 23, 25-30, 33, and 35-40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Chornenky (US6994706B2); Imran (US5520684A); Chornenky (US7130697B2) which all disclose known methods and structures for treating prostate tissue.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lindsey G Wehrheim whose telephone number is (571)270-5181. The examiner can normally be reached Monday - Friday 9 a.m. - 5 p.m. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Lindsey G Wehrheim
Primary Examiner
Art Unit 3799
/LINDSEY G WEHRHEIM/Primary Examiner, Art Unit 3799
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