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 .
Specification
The disclosure is objected to because of the following informalities: the phrase “conductor 12” on paragraph 0045 should read “connector 12”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the group of polyimides" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitations " the group of polylactides or the group of silicones" in lines 2-3. There is insufficient antecedent basis for these limitations in the claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 and 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Brandt (U.S. Application No. 20220265336 A1), and further in view of Okamoto (U.S. Application No. 20200068663 A1.
Regarding independent claim 1, Brandt discloses an instrument (10) for medical plasma treatment of biological tissue (pa. 0040 & Fig. 1), the instrument comprising:
a hose (13) comprising a proximal end (15) and a distal end (14) and at least one lumen (16), wherein the hose is configured to be connected at the proximal end to a gas supply source (18) (pa. 0041), wherein the hose comprises an exit opening at the distal end thereof (see Fig. 2);
an electrical conductor (11) that extends through a length of the at least one lumen and ends at or adjacent to the exit opening (pa. 0042-0043); and
wherein the electrical conductor comprises a carbon material (pa. 0021).
However, Brandt does not disclose that the electrical conductor comprises carbon fibers.
Okamoto, in the same field of endeavor, teaches a heating device (50) comprising a net-shaped conductor (53) made of a net-shaped conductive material that covers the periphery of a carbon fiber bundle covering portion (61) and carbon fiber bundle (62) (pa. 0066-0067 & Fig. 7).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical conductor of Brandt to incorporate the carbon fiber bundles taught by Okamoto for the purpose of providing a strong and flexible conductor (Okamoto, pa. 0070).
Regarding claim 2, Brandt discloses wherein the carbon is predominantly arranged in a longitudinal direction of the at least one lumen (see Fig. 2).
However, Brandt does not disclose that the electrical conductor comprises carbon fibers.
Okamoto, in the same field of endeavor, teaches the carbon fiber bundle covering portion (61) and the carbon fiber bundle (62) arranged in a longitudinal direction of at least one lumen (pa. 0066-0067 & Fig. 7).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical conductor of Brandt to incorporate the carbon fiber bundles taught by Okamoto for the purpose of providing a strong and flexible conductor (Okamoto, pa. 0070).
Regarding claim 6, Brandt/Okamoto combination discloses wherein the electrical conductor comprises a constant cross-section over its entire length (Brandt, pa. 0042).
Regarding claim 7, Brandt/Okamoto combination discloses wherein the electrical conductor comprises a cut surface at the exit opening (i.e., a coating 23 is removed from distal end 19 during production of the conductor) (Brandt, pa. 0055 & Fig. 7).
Regarding claim 8, Brandt/Okamoto combination discloses wherein the electrical conductor is provided with an insulation (i.e., a ceramic material on the distal end of the conductor) (Brandt pa. 0012).
Regarding claim 9, Brandt discloses the invention substantially as claimed in claims 1 and 8 discussed above.
However, Brandt does not disclose wherein the insulation is formed to extend over an entire length of the electrical conductor.
Okamoto, in the same field of endeavor, teaches a carbon fiber (63), covering the periphery of the carbon fiber bundle (62), made of a flexible insulating material such as plastics, rubber and resin (pa. 0069 & Fig. 8).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical conductor of Brandt to incorporate the insulative carbon fiber taught by Okamoto for the purpose of providing a flexible insulating material (Okamoto, pa. 0070).
Regarding claim 10, as best understood, Brandt discloses the invention substantially as claimed in claims 1 and 8 discussed above.
However, Brandt does not disclose wherein the insulation consists of a plastic selected from the group of polyimides.
Okamoto, in the same field of endeavor, teaches a carbon fiber (63), covering the periphery of the carbon fiber bundle (62), made of a flexible insulating material such as plastics, rubber and resin (pa. 0069 & Fig. 8).
It is known to one of ordinary skill in the art that polyimide is a specific type of high-performance resin, wherein resin is a type of plastic.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical conductor of Brandt to incorporate the insulative carbon fiber taught by Okamoto for the purpose of providing a flexible insulating material (Okamoto, pa. 0070).
Regarding claim 11, Brandt discloses the invention substantially as claimed in claims 1 and 8 discussed above.
However, Brandt does not disclose wherein the insulation comprises an insulating plastic band that is wound around the electrical conductor.
Okamoto, in the same field of endeavor, teaches a carbon fiber (63), covering the periphery of the carbon fiber bundle (62), made of a flexible insulating material such as plastics, rubber and resin (pa. 0069 & Fig. 8).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical conductor of Brandt to incorporate the insulative carbon fiber taught by Okamoto for the purpose of providing a flexible insulating material (Okamoto, pa. 0070).
Regarding claim 12, Brandt/Okamoto combination discloses wherein the electrical conductor is radially movably supported inside the at least one lumen (Brandt, pa. 0016).
Regarding claim 13, Brandt/Okamoto combination discloses wherein the hose consists of halogen-free plastic material (Brandt, pa. 0016).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Brandt and Okamoto as applied to claim 1 above, and further in view of Long (U.S. Application No. 20110152859 A1).
Regarding claim 3, Brandt/Okamoto combination the invention substantially as claimed in claim 1 discussed above.
However, they do not explicitly disclose wherein the electrical conductor is a yarn, a twined yarn, a twine, a cord, or a string.
Long, in the same field of endeavor, teaches a surgical instrument (500) comprising an electrode mesh (525) attached to shaft (526), wherein the electrode mesh comprises at least one conductive material coated onto a substrate material. In certain embodiments, the coated material can comprise a multi-filament medical polyester yarn (pa. 0084 & Fig. 12).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical conductor of Brandt to be the multi-filament medical polyester yarn taught by Long for the purpose of providing a strong, flexible, and highly durable electrical conductor.
Regarding claim 4, Brandt/Okamoto combination the invention substantially as claimed in claims 1 and 3 discussed above.
However, they do not explicitly disclose wherein the yarn is a multifilament yarn.
Long, in the same field of endeavor, teaches a surgical instrument (500) comprising an electrode mesh (525) attached to shaft (526), wherein the electrode mesh comprises at least one conductive material coated onto a substrate material. In certain embodiments, the coated material can comprise a multi-filament medical polyester yarn (pa. 0084 & Fig. 12).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical conductor of Brandt to be the multi-filament medical polyester yarn taught by Long for the purpose of providing a strong, flexible, and highly durable electrical conductor.
Regarding claim 5, Brandt/Long combination discloses the invention substantially as claimed in claims 1 and 3 discussed above.
However, they do not disclose wherein the electrical conductor is a staple fiber yarn.
Okamoto, in the same field of endeavor, teaches a carbon fiber material can be either a continuous single fiber and a staple fiber (pa. 0103-0104).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical conductor of Brandt to be a continuous single fiber and a staple fiber since both are known variants in the art and they would both yield the same predictable results of making an electrical conductor.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Brandt and Okamoto as applied to claim 1 above, and further in view of Caplan (U.S. Application No. 20160354144 A1).
Regarding claim 14, Brant/Okamoto combination discloses the invention substantially as claimed in claim 1 discussed above.
However, they do not disclose wherein the hose consists of halogen-free plastic material.
Caplan, in the same field of endeavor, teaches a treatment device (100) configured to provide ablation treatment such as plasma energy (pa. 0189 & Fig. 1), wherein the treatment device comprises a shaft (110) (analogous to the hose of Brandt) made of materials selected from a group consisting of polyether block amide (PEBAX), nylon, polyethylene terephthalate (PET), and/or silicone (pa. 0123 & Fig. 10).
It is known to one of ordinary skill in the art that nylon is inherently a halogen-free plastic material.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hose of Brandt to be made of the halogen-free plastic material taught by Caplan for the purpose of reducing chemical leaching risks and ensuring better biocompatibility.
Regarding claim 15, as best understood, Brant/Okamoto combination discloses the invention substantially as claimed in claim 1 discussed above.
However, they do not disclose wherein the hose consists of a plastic selected from the group of polylactides or the group of silicones.
Caplan, in the same field of endeavor, teaches a treatment device (100) configured to provide ablation treatment such as plasma energy (pa. 0189 & Fig. 1), wherein the treatment device comprises a shaft (110) (analogous to the hose of Brandt) made of materials selected from a group consisting of polyether block amide (PEBAX), nylon, polyethylene terephthalate (PET), and/or silicone (pa. 0123 & Fig. 10).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hose of Brandt to be made of the silicone material taught by Caplan for the purpose of ensuring biocompatibility.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Skalnyi (WO 2018140892 A1) teaches an electrode arrangement carried by the knit structure that comprises conductive metalized yarns, conductive filaments wrapped around elastic yarns or yarns embedded with conductive particles.
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/A.V.G./Examiner, Art Unit 3794
/Ronald Hupczey, Jr./Primary Examiner, Art Unit 3794
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