DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 29 January 2026 has been entered. Claims 2, 19, and 23 are currently amended. Claims 18 and 25-28 are canceled. Claims 2-5, 8-13, 17, 19, 23-24, and 29 are pending in the application.
Claim Rejections - 35 USC § 103
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 though 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.
Claims 2, 10-11, 17, 19, and 23-24 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Godara et al. (WO 2008101356), hereinafter Godara, in view of Cronin et al. (US Patent No. 9,788,896), hereinafter Cronin, and further in view of Feldberg et al. (US Patent No. 6,026,331), hereinafter Feldberg.
Regarding claim 2, Godara teaches a system for delivering energy to tissue (Figs. 1-2: system 10; par. 0012: “an electrosurgical system for performing a procedure on a patient's body, the system comprising: a plurality of energy delivery devices”), comprising:
one or more power supplies configured to deliver microwave energy (Figs. 1-2: generator 100, energy source 110; par. 0077: “other forms of energy may be delivered including microwave energy, ultrasonic energy, thermal energy, or optical energy”),
and a display (Figs. 4-5: liquid crystal display 406);
a procedure device hub (Fig. 2: cable distal hub 210) connected to said one or more power supplies to receive microwave energy therefrom (Fig. 2: cable 204 coupling cable distal hub 210 to generator 100), wherein the procedure device hub comprises a plurality of connection ports (Fig. 2: connectors 212);
one or more energy delivery devices insertable through the skin of a patient (Fig. 2: energy delivery devices 150; par. 0031-0032: “Energy delivery devices 150 may be any of a variety of energy delivery devices including, for example: probes, as will be described further herein below […] the term 'probe' is used to describe any elongate device that may be inserted in a minimally- invasive manner into a patient's body”) and connectable to said plurality of connection ports to receive energy therefrom (Fig. 2: energy delivery devices 150 connected to connectors 212; par. 0038: “cable 204 may be coupled to generator 100 via generator connector 200 and proximal cable connector 202 and may be coupled to energy delivery devices 150 via a plurality of distal connectors 212 at cable distal hub 210”);
and a processor (Fig. 3: controller 140) configured to display information on said display (par. 0049: “The measurement area 408 is where values measured are displayed” and par. 0050: “embodiments of the present invention are operable to display multiple temperature plots 510 substantially simultaneously and substantially in real-time, all on a single graph. Each of the temperature plots 510 may, for example, be indicative of a temperature associated with a particular energy delivery device 150”) and configured to receive information from said one or more energy delivery devices (pars. 0035-0036: “at least one of energy delivery devices 150 may be associated with a sensor 160 […] Measurement interface 130 is operable to receive signals from sensors 160 and to interface with controller 140. In some embodiments, measurement interface 130 is operable to process the signals received from sensors 160 and to transmit a result of the signal processing to controller 140”).
Godara does not explicitly teach wherein the first region comprises an antenna to deliver energy to tissue. However, given that Godara teaches that the energy delivery devices can deliver microwave energy (par. 0077: “other forms of energy may be delivered including microwave energy”), it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to include an antenna as the energy-delivering portion of the energy delivery device, since it is well-known in the art to use an antenna to deliver microwave energy for ablation treatment.
Godara does not teach a cooling supply, wherein the one or more energy delivery devices comprises a first energy delivery device comprising a first region exhibiting a first diameter to deliver energy to tissue from the one or more power supplies; and a second region proximal to the first region and exhibiting a second diameter substantially the same as the first diameter, wherein the one or more energy delivery devices are connectable to the connection ports to receive coolant from the cooling supply, wherein coolant from the cooling supply supplied to the first energy delivery device reduces a temperature of the second region such that tissue sticks to the second region; and a plug longitudinally interposing the first and second regions, thereby preventing the coolant from reaching the first region and contacting the antenna.
However, in an analogous art, Cronin teaches an energy delivery system (Fig. 1: radiation applicator 102) with a cooling supply (claim 7: “a fluid conduit connected to a source of cooling fluid”), wherein the one or more energy delivery devices comprises a first energy delivery device comprising a first region exhibiting a first diameter to deliver energy to tissue from the one or more power supplies (Fig. 1 and col 4, lines 35-40: “The exposed end section 134 of cable 104 (from which the outer conductor 118 has been removed), in conjunction with the dielectric tip 112, being fed by a source of radiation of predetermined frequency, operate, in use, as a radiating antenna for radiating microwaves into tissue for therapeutic treatment”); and a second region proximal to the first region and exhibiting a second diameter substantially the same as the first diameter (Fig. 1: portion of applicator 102 proximal to section 134 and having substantially the same diameter), wherein the one or more energy delivery devices are connectable to the connection ports to receive coolant from the cooling supply (col 6, lines 6-9: “A transverse port BOB having an internal thread 610 enables the connection of a (suitably plastic) connector, for connecting to a source of cooling fluid”), and a plug longitudinally interposing the first and second regions, thereby preventing the coolant from reaching the first region and contacting the antenna (Fig. 1: ferrule 106 longitudinally interposing section 134 and proximal section of applicator 102; claim 1: “the ferrule is spaced between the outer conductor and the outer tube thereby sealing the gap such that the proximal end of the ferrule prevents a cooling fluid from contacting a dipole antenna”).
Cronin teaches that the disclosed configuration provides sufficient cooling for a small diameter unitary device that is rigid and stable along its length (col 2, lines 18-22: “although small diameter applicators are known, and liquid cooling techniques have been used, there has been difficulty in designing a small diameter device with sufficient cooling in applications employing power levels required to deal with soft tissue tumours;” col 4, lines 27-33: “When assembled, the applicator 102 forms a unitary device that is rigid and stable along its length, which may be of the order of 25 or so centimeters when the tube 114 is included, making it suitable for insertion into various types of soft tissue. The space 116 and holes 120 enable cooling fluid to extract heat from the applicator 102 through contact with the ferrule 106”). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to provide the energy delivery device of Godara with the coolant configuration taught by Cronin, in order to provide sufficient cooling for a small diameter unitary device that is rigid and stable along its length, as taught by Cronin.
Cronin’s system is further interpreted to read on the functional limitation of wherein coolant from the cooling supply supplied to the first energy delivery device reduces a temperature of the second region such that tissue sticks to the second region, because the system as disclosed would be capable of supplying a coolant at a low enough temperature that tissue would adhere to the second region, for instance a known saline-based coolant cooled to below 0 °C by freezing or refrigeration, as discussed in Markel et al. at U.S. Patent No. 6,544,260 (col 12, lines 45-50: “The irrigating solution can cooled significantly by placing the solutions in a freezer or refrigerator. Because Normal Saline and Lactated Ringers Solution contain salts and sugars in solution they can be chilled to temperatures at or below 0° C. without the concern of the solution freezing or forming crystals”). Examiner notes that as the claimed invention does not recite any structure for inducing or maintaining a particular temperature of the coolant in the cooling supply, such as a refrigeration system and controller or processor configured to control the temperature of the coolant via the refrigeration system, the prior art is considered to read on this limitation in the claim.
The combination of Godara and Cronin does not explicitly teach a procedure cart comprising the cooling supply, power supplies, and display. However, in an analogous art, Feldberg teaches a microwave treatment probe system including a procedure cart (Fig. 8C: trolley 314). At the time the invention was made, to provide the system of the combined reference with a procedure cart would have been obvious to one of ordinary skill in the art, in view of the teachings of Feldberg, since all the claimed elements were known in the prior art and one skilled in the art could combined the elements as claimed by known methods (mounting the cooling and power supplies and display on the cart) with no change in their respective functions, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art at the time of the invention, namely, one skilled in the art would have recognized that the procedure cart of Feldberg would have allowed the system of the combined reference to be moved from one location to another.
Regarding claims 10-11, the combination teaches the device of claim 2 as described previously. Godara further teaches wherein said processor is configured to display a user interface on said display, wherein said user interface has one or more features selected from: monitoring and/or operating said energy delivery devices, providing a touch screen interface, tracking a number of uses of said energy delivery devices, providing and tracking real time temperatures of said energy delivery devices, providing and tracking real time temperature of tissue being treated by said energy delivery devices, providing an automatic shut off for the part or all of the system, generating reports based upon the data accumulated prior to, during, and after a procedure, and providing audible and/or visual alerts to a user (Figs. 4-5 and par. 0049-0050: “The measurement area 408 is where values measured are displayed. A graphed data and pop up display area 410, a setting indicators area 412, a mode selection indicators area 414 and a save settings area 416 are provided. Hardware setting controls Pl to P5 418 are provided […] one or more temperature plots 510 may be displayed simultaneously on display area 410. Advantageously, embodiments of the present invention are operable to display multiple temperature plots 510 substantially simultaneously and substantially in real-time, all on a single graph. Each of the temperature plots 510 may, for example, be indicative of a temperature associated with a particular energy delivery device 150. Displaying multiple plots on a single graph allows a user to more readily compare the different plots than if they would each be displayed on a separate graph”);
and wherein said user interface provides controls allowing a user to adjust power level delivered to the first energy delivery device and/or timing of power delivery to the first energy delivery device (Fig. 5A: voltage, current, etc. settings provided on liquid crystal display 406).
Regarding claims 19 and 23, for the same reasons laid out previously in the rejection of claim 2, Godara in view of Cronin and Feldberg teaches a system comprising a procedure cart comprising a cooling supply including coolant and a power supply configured to deliver energy; a procedure device hub in communication with the cooling supply and the power supply to receive coolant and energy therefrom, respectively, and including a plurality of connection ports; wherein coolant from the cooling supply and energy from the power supply are deliverable to one or more energy delivery devices via the plurality of connection ports; and wherein a first energy delivery device comprises a first region exhibiting a first diameter and comprising a conductor to deliver energy to tissue from the power supply and a second region proximal to the first region and exhibiting a second diameter substantially the same as the first diameter, the second region fixedly coupled to and extending proximally from the first region, and a plug longitudinally interposing the first and second regions, thereby preventing the coolant from reaching the first region and contacting the antenna, wherein coolant from the cooling supply supplied to the first energy delivery device reduces a temperature of the second region such that tissue sticks to the second region.
Godara further teaches a plurality of energy delivery devices (Fig. 2: plurality of energy delivery devices 150) insertable through the skin of a patient (par. 0031-0032: “Energy delivery devices 150 may be any of a variety of energy delivery devices including, for example: probes, as will be described further herein below […] the term 'probe' is used to describe any elongate device that may be inserted in a minimally- invasive manner into a patient's body”) and removably coupled to the procedure device hub at the plurality of connection ports (par. 0041: “the number (i.e. quantity) of energy delivery devices 150 coupled to generator 100 dictate, at least partially, which functional modes are available to the user. Thus, for example, if a plurality of energy delivery devices 150 are coupled to generator 100 and detected by detector 320, certain modes may be made available to the user while, if only one energy delivery device 150 is coupled to generator 100, another mode or modes may be made available. In one exemplary embodiment, a manual power mode, in which a user maintains control over the power output of the generator, is only applicable when a single energy delivery device 150 is connected, while other modes, such as for example multiple-probe standard RF mode, are only applicable when a plurality of energy delivery devices 150 are connected. In some embodiments, the detection of the number of energy delivery devices 150 coupled to generator 100 is performed automatically by the generator;” examiner notes that if the number of energy delivery devices coupled to the generator may vary and is automatically detected by the generator, the energy delivery devices are inherently removable).
Regarding claims 17 and 24, the combination teaches the systems of claims 2 and 23 as described previously. Godara further teaches wherein the first energy delivery device comprises a microwave ablation device (par. 0077: “other forms of energy may be delivered including microwave energy”).
Claim 3 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Godara in view of Cronin and Feldberg, and further in view of Cosmescu (US Patent No. 5,836,909).
Godara in view of Cronin and Feldberg teaches the system of claim 2 as described previously. Cronin further teaches wherein said cooling supply comprises one or more tanks comprising a coolant selected from the group of compressed gas, compressed gas at or near its critical point, and liquid (col 7, lines 12-14: “Suitably, the cooling fluid is saline, although other liquids or gases may be used, such as ethanol”), but does not teach and wherein when two or more coolant tanks are provided, the processor is configured to automatically switch from one tank to another when one tank becomes empty to prevent disruption of coolant flow in a procedure.
However, in an analogous art, Cosmescu teaches an electrosurgical system configured to automatically switch from one tank to another when one tank becomes empty to prevent disruption of irrigation fluid flow in a procedure (col 3, lines 41-52: “All of the previously described embodiments may also include additional safety features including […] a container controller connected to the safety relay which is capable of switching irrigation means from an empty container to another full container”).
Cosmescu is considered analogous to the claimed invention because it is reasonably pertinent to the problem solved by the claimed invention, that is, the problem of maintaining uninterrupted irrigation or coolant fluid flow during an electrosurgical procedure. It would therefore have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the system of the combined reference by incorporating automatic tank switching as taught by Cosmescu, since Cosmescu teaches it as a safety feature, and one of ordinary skill in the art would have recognized that incorporating this feature would have resulted in a safer surgical system.
Claim 4 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Godara in view of Cronin and Feldberg, and further in view of Prakash (US Patent No. 6,878,147).
Godara in view of Cronin and Feldberg teaches the system of claim 2 as described previously. Cronin further teaches wherein the antenna comprises an inner and outer conductor (Fig. 1: inner conductor 124, outer conductor 118) but does not explicitly teach a titanium stylet tip brazed to zirconia. However, in an analogous art, Prakash teaches a microwave probe for ablation with a dipole antenna having an inner and outer conductor (Fig. 4: inner conductor 44, outer conductor 42) and a conductive stylet tip at a distal end (Fig. 4: distal portion 48; col 7, lines 9-10: “Distal portion 48 is also made from a conductive material”), wherein the stylet tip is connected to zirconia (Fig. 4: distal portion 48, junction member 62; col 8, lines 11-13: “junction member 62 is preferably made from materials such as ceramics, e.g., Al2 O3, Boron Nitride, stabilized Zirconia, etc.”), which Prakash teaches as a configuration that increases structural strength of the antenna (col 6, lines 17-20: “various configurations to increase the antenna strength without compromising desirable radiative properties and the manufacturability of such an antenna”).
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify the system of the combined reference by using the specifics of the dipole antenna disclosed by Prakash, since Prakash teaches that the particular dipole antenna configurations as disclosed have increased structural strength.
Prakash does not explicitly teach wherein the stylet tip is brazed to the zirconia junction member, but in light of Prakash’s teaching that brazing is known in the art as an alternative affixation method to welding, soldering, or adhesives (col 7, lines 57-59), it would have been obvious to one of ordinary skill in the art at the time the invention was made to use brazing as the affixation method for connecting the stylet tip to the zirconia. Prakash also does not explicitly teach wherein the conductive stylet tip is made of titanium, but it further would have been obvious to one having ordinary skill in the art at the time the invention was made to select titanium as the conductive material for the stylet tip, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Claims 5, 12, and 29 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Godara in view of Cronin and Feldberg, and further in view of Balbierz et al. (US PGPub No. 2002/0026188), hereinafter Balbierz.
Regarding claim 5, Godara in view of Cronin and Feldberg teaches the system of claim 2 as described previously. The combination does not explicitly teach wherein said processor is configured to receive information from an imaging system and display imaging information on said display, and wherein said information is selected from: ablation zone diameter, ablation zone length, ablation zone cross-sectional area, and ablation zone volume. However, in an analogous art, Balbierz teaches wherein a processor is configured to receive information from an imaging system and display imaging information on a display, wherein said information is selected from: ablation zone diameter, ablation zone length, ablation zone cross-sectional area, and ablation zone volume (Fig. 15: ablation volume image 4av; par. 0079: “Device 20cs can configured to include display one or more of the following: spectral profile 19s, tissue site image 4', tumor volume image 4", ablation volume image 4av”) in order to determine proper or improper placement of the energy delivery devices (par. 0079: “Device 20cd can also be configured to superimpose ablation volume image 4av onto tumor volume image 4" or tissue site image 4' as well as superimpose visual cues 4c on the placement (including proper and improper placement) of apparatus 10 including energy delivery devices 18e within the tumor volume 5" or tissue site 5"”). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the system of the combined reference by incorporating the imaging capabilities taught by Balbierz in order to determine proper or improper placement of the energy delivery devices, as taught by Balbierz.
Regarding claim 12, Godara in view of Cronin and Feldberg teaches the system of claim 2 as described previously. Godara further teaches wherein the energy delivery device comprises temperature sensors (par. 0035: “at least one of energy delivery devices 150 may be associated with a sensor 160, which may comprise, for example, a temperature sensor such as a thermocouple, thermistor, thermometer, or other temperature sensing device. A sensor 160 may be physically connected to an energy delivery device 150”) but does not explicitly teach wherein the energy delivery devices comprise an antenna, and wherein temperatures are monitored by said processor at several points along the antenna to estimate ablation status, cooling status, or safety checks or to determine geographical characteristics of the ablation zone and the amount of power used in the energy delivery device. However, Balbierz teaches wherein said energy delivery devices comprise temperature sensors at several points along the energy delivery devices (Fig. 24: temperature sensors 22 at several points along the antenna 18e; par. 0092: “electrode 18e can include one or more coupled sensors 22 to measure temperature and impedance”) and wherein the processor is configured to monitor temperatures using the temperature sensors to estimate ablation status, cooling or safety checks or to determine geographical characteristics of the ablation zone and the amount of power used in the energy delivery device (par. 0105: “Feedback control system 329 receives temperature or impedance data from sensors 324 and the amount of electromagnetic energy received by energy delivery devices 314 and 316 is modified from an initial setting of ablation energy output, ablation time, temperatures and current density”), so that power used in the energy delivery device can be adjusted accordingly (par. 0106: “The temperature of the tissue, or of RF electrodes 314 and 316 is monitored, and the output power of energy source 320 adjusted accordingly”). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the system of the combined reference by configuring the processor to monitor temperatures at several points along the energy delivery device, as taught by Balbierz, so that power used in the energy delivery device can be adjusted accordingly, as taught by Balbierz.
Regarding claim 29, Godara in view of Cronin and Feldberg teaches the system of claim 2 as described previously. Cronin further teaches wherein the second region is proximal to the first region (see Fig. 1), but the combination is silent with respect to the particular structure of the probes and does not explicitly teach wherein the first energy delivery device comprises a housing and a cannula extending from the housing. However, Balbierz teaches an energy delivery device with a housing (Fig. 1: handle 24) and a cannula extending from the housing (Fig. 1: introducer 12 extending from handle 24). It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to substitute the handle/housing and cannula of Balbierz for the general probe structure of the combined reference, since one of ordinary skill could have performed such a substitution, and the results would have been predictable, namely, the first energy delivery device would be usable as a handheld surgical probe.
Claims 8-9 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Godara in view of Cronin and Feldberg and further in view of van der Weide et al. (US PGPub No. 2008/0147056), hereinafter van der Weide, and Turner (US Patent No. 5,097,844).
Godara in view of Cronin and Feldberg teaches the system of claim 2 as described previously. The combination is silent with respect to the type of microwave energy generator in the power supply and does not explicitly teach wherein said one or more power supplies comprise an energy generator comprising a solid-state amplifier module.
However, in an analogous art, van der Weide teaches that solid state microwave generators can be substituted for conventional magnetron generators in a microwave energy delivery system (par. 0060: “Solid state microwave generators in the 1-3 GHz range are very expensive. Therefore, in some embodiments, a conventional magnetron of the type commonly used in microwave ovens is chosen as the generator. It should be appreciated, however, that any other suitable microwave power source can substituted in its place”). In light of this teaching, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the system of the combined reference by using a solid-state microwave generator, as suggested by van der Weide, since the substitution of one known element for another could have been performed by one of ordinary skill in the art and would have yielded predictable results, as taught by van der Weide.
The combination further does not teach wherein the one or more power supplies comprise multiple energy generators, or wherein the solid-state amplifier modules can be operated separately and phase-controlled, wherein the processor is configured to control switching and phasing of power to first and second energy delivery devices such that said first and second energy delivery devices are simultaneously active, phase controlled, switched to a new set of antennas, or adjusted continuously.
However, in an analogous art, Turner teaches a hyperthermia treatment system including a plurality of amplifiers that can be operated separately and phase-controlled (Fig. 1 and col 4, lines 14-15: “a power splitter and/or a plurality of amplifiers and phase shifters;” col 3, lines 29-32: “The power directed to each element of the group or groups of antennae is adjusted in phase and amplitude to focus electromagnetic energy”), wherein a processor (Fig. 1: controller 12) is configured to control switching and phasing of power to multiple energy delivery devices such that said multiple energy delivery devices are simultaneously active, phase controlled, switched to a new set of antennas, or adjusted continuously, which focuses the energy via constructive or destructive interference (col 3, lines 29-35: “The power directed to each element of the group or groups of antennae is adjusted in phase and amplitude to focus electromagnetic energy to form a desired heating pattern in a target location for heating a preselected target in a body anywhere within the boundaries of the apparatus;” col 6, lines 32-37: “the phase of the phase shift module is variable for adjusting the size of the heating field along the long body axis. This is the result of the phase focusing within the primary target zone and the destructive phase cancelling which occurs from the different phase in the regions displaced from the phase focus”).
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify the system of the combined reference by providing multiple energy generators that can be operated separately and phase-controlled, wherein the processor is configured to control switching and phasing of power to multiple energy delivery devices such that they are simultaneously active, phase controlled, switched to a new set of antennas, or adjusted continuously so as to move areas of in space and time, as taught by Turner, in order to focus the energy via constructive or destructive interference to form a desired heating pattern in a target location for heating a preselected target in a body, as taught by Turner.
Claim 13 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Godara in view of Cronin and Feldberg, and further in view of Eggers et al. (US Patent No. 6,287,304), hereinafter Eggers.
Godara in view of Cronin and Feldberg teaches the system of claim 2 as described previously. The combination does not explicitly teach wherein the first energy delivery device comprises a handle comprising one or more display lights configured to differentiate between different energy delivery devices, show transmission of microwave energy, show transmission of coolant, or show a change in setting, or combinations thereof. However, in an analogous art, Eggers teaches an electrosurgical system with energy delivery devices (Fig. 1: electrode assembles 52, 54) comprising a handle (Fig. 1: handle 36), wherein the handle comprises one or more display lights (Fig. 1: LEDs 72 on handle 36; col 9, lines 41-43: “Returning to the handle component 36, visual cueing devices such as light emitting diodes (LED) also may be provided as represented in general at 72”) configured to differentiate between different energy delivery devices, show transmission of microwave energy, show transmission of coolant, or show a change in setting (col 11, lines 9-13: “During this RF cauterization current flow, […] an LED within the array 72 of instrument 40 is energized”).
Godara in view of Cronin and Feldberg teaches a prior art energy delivery system upon which the claimed invention (the handle comprising one or more display lights) can be seen as an “improvement.” Eggers teaches a prior art energy delivery system using a known technique that is applicable to the energy delivery system of the combined reference, namely, the technique of providing one or more display lights on an energy delivery device handle in order to provide visual cues. Thus, it would have been recognized by one of ordinary skill in the art, at the time the invention was made, that applying the known technique taught by Eggers to the energy delivery system of the combined reference would have yielded predictable results and resulted in an improved system, namely, a system wherein LEDs on the energy delivery device handle provide visual cues related to the transmission of energy through the energy delivery devices.
Response to Arguments
Applicant’s arguments, filed 29 January 2026, with respect to the rejection(s) of claim(s) 2, 19, and 23 under pre-AIA 35 U.S.C. 35 U.S.C. 103(a) have been fully considered and are persuasive. Therefore, in light of the amendments to the claims, the previous rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Cronin. As described previously, Cronin teaches a cooling system for a microwave antenna with a plug longitudinally interposing the first and second regions, thereby preventing coolant from reaching the first region and contacting the antenna.
Conclusion
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/D.E.L./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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