DETAILED ACTION
The following is a Final Office Action on the merits.
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 .
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 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.
Response to Amendment
Acknowledgment is made to the amendment received 8/25/2025.
Applicant’s amendments are sufficient to overcome the claim objection set forth in the previous office action.
Claim Objection
Claim 21 is objected to because of the following informalities: amend “provide” to -and provide- in ll. 3. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 20-23, 26-27 & 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farley et al. (2007/0055326, previously cited) in view of Bedingfield (2010/0022937, previously cited) and Geisel (2008/0119841) or Friedland et al. (2009/0043365, previously cited).
Concerning claims 20 & 27¸ as illustrated in at least Fig. 1 & 32-33, Farley et al. disclose a medical system (resistive element system 10 for applying energy to hollow anatomical structure (HAS) that may include a vein; [0235]) comprising:
a catheter comprising a resistive coil configured to deliver ablation energy to at least a first location of a vein and a second location of the vein of a patient, wherein the catheter has a diameter from 2 millimeter (mm) to 18 mm (catheter 11 comprises catheter shaft 13 sized to fit within a vascular structure having a diameter preferably sized between six and seven French and a resistive coil 14 for treating multiple locations; [0016], [0236], [0252]);
a radio frequency (RF) generator unit comprising circuitry (energy source 18 comprises an RF generator that includes a processor/controller; [0237]) configured to:
provide power to the resistive coil for a first length of time at the first location of the vein, wherein the RF generator unit is configured to provide the power to the resistive coil (power is provided to the resistive coil 14 during a first power delivery phase; [0021], [0238], [0242], [0384])
maintain a constant temperature during the first length of time (heating element is energized to a set temperature by RF generator 18 to treat a section of the HAS; [0237], [0461]);
shut off the power to the resistive coil after the first length of time (processor 600 causes the generator to enter a standby mode such that little or no power is applied to the therapeutic element of the catheter; [0463]),
and provide the power to the resistive coil for a second length of time after the resistive coil is moved to the second location of the vein (therapeutic portion of the catheter is moved to the next segment and an input signal is provided to the control system to begin the next indexed treatment; [0463]);
a display configured to present a current temperature of the resistive coil (interface 500 presents temperature display 506 that provides the temperature of the current treatment; [0454], [0456]);
a handle configured to connect to the catheter, wherein the handle comprises a port for fluid (handle 15 connects to catheter 11 and has a port for fluid; [0236]); and
a cable configured to connect the handle to the RF generator unit (connection 16 for interfacing with an energy source 18; [0236]).
While Farley et al. disclose use of an AC or DC power source, Farley fails to disclose the system to comprise an AC/DC power converter configured to be coupled to an AC main power source, where the RF generator unit is configured to provide the power to the resistive coil from energy sourced from the AC/DC power converter. However, Bedingfield discloses a medical system that comprises a generator unit (55) comprising circuitry configured to provide DC power from an AC source (57) coupled to an AC/DC power converter (59), where power is provided to a treatment device (dialysis machine) from energy sourced from the AC/DC power converter. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify the invention of Farley et al. to comprise an AC/DC power converter configured to be coupled to an AC main power source, where the RF generator unit is configured to provide the power to the resistive coil from energy sourced from the AC/DC power converter in order to provide the benefit of using an AC power source as taught by Bedingfield (Abstract; [0014], [0034-0035], [0038], [0041-0042]; Fig. 5)
Farley et al. in view of Bedingfield fail to disclose the RF generator unit comprising circuitry configured to maintain the constant temperature by adjusting a duty cycle of the power to the resistive coil. However, Geisel discloses a medical system comprising a power supply (31) that is configured to adjust a temperature of a resistive heater (504, 507) by adjusting a duty cycle of the power delivered to the resistive heater (504, 507). At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify the invention of Farley et al. in view of Bedingfield such that the RF generator unit comprises circuitry configured to maintain the constant temperature by adjusting a duty cycle of the power to the resistive coil as Geisel teaches that varying the duty cycle of the RF output is known to one of ordinary skill in the art as a way to control temperature of a resistive heater. ([0055], [0058], [0075-0076]; Fig. 1-3) In the alternative, Friedland et al. disclose a medical system comprising a power supply (72) that is configured to adjust a temperature of a resistive heater (76) by adjusting a duty cycle of the power delivered to the resistive heater (76). At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify the invention of Farley et al. in view of Bedingfield such that the RF generator unit comprises circuitry configured to maintain the constant temperature by adjusting a duty cycle of the power to the resistive coil as Friedland et al. teaches that varying the duty cycle of the RF output is known to one of ordinary skill in the art as a way to control temperature of a resistive heater. ([0070], [0074]; Fig. 6-8)
Concerning claim 21, Bedingfield further discloses the generator circuitry (55) comprises power switching circuitry (s1-s3) configured to switch, based on a cessation of availability of DC power from the AC/DC power converter (59), provide energy from energy sourced from the AC/DC power converter (59) to energy sourced from the battery (53) to provide power (Abstract; [0014], [0034-0035], [0038], [0041-0042]; Fig. 5). At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify the invention of Farley et al. in view of Bedingfield and Geisel or Friedland et al. such that the RF generator unit
Concerning claim 22, Bedingfield further discloses the power switching circuitry (s1-s3) is configured to switch to power sourced from the battery (53) while power is being provided (Abstract; [0014], [0034-0035], [0038], [0041-0042]; Fig. 5). The modified invention of Farley et al. in view of Bedingfield and Geisel or Friedland et al. disclose the power switching circuitry configured to switch the power while power is being provided to the resistive coil and during delivery of the ablation energy to the patient.
Concerning claim 23, Bedingfield further discloses control circuitry (55) configured to: receive a status of availability of power from the AC/DC power converter (59); and provide, based on the status, command signals to the circuitry (55) configured to provide power from the AC/DC power converter (59) or the battery (53) (Abstract; [0038-0039], [0041-0042]; Fig. 5). At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify the invention of Farley et al. in view of Bedingfield and Geisel or Friedland et al. such that the control circuitry is configured to: receive a status of availability of power from the AC/DC power converter; and provide, based on the status, command signals to the circuitry configured to provide power from the AC/DC power converter or the battery in order to provide the benefit of being able to switch power if there is a power interruption from a main source and such that the system could be made portable by operating from a battery as taught by Bedingfield (Abstract; [0014], [0034-0035], [0038], [0041-0042]; Fig. 5).
Concerning claim 26, Bedingfield further disclose battery charging circuitry (54) configured to charge the battery (53) using power sourced from the AC/DC converter (59) (Abstract; [0038-0039], [0041-0042]; Fig. 5). At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify the invention of Farley et al. in view of Bedingfield and Geisel or Friedland et al. to further comprise battery charging circuitry configured to charge the battery using power sourced from the AC/DC converter in order to provide the benefit of charging the battery such that it will be charged in the event of AC power loss when an excess of power is available as taught by Bedingfield ([0037], [0041]).
Claim 38 is rejected upon the same rationale as provided for claims 20-22 & 26.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farley et al. (2007/0055326, previously cited) in view of in view of Bedingfield (2010/0022937, previously cited) and Friedland et al. (2009/0043365, previously cited), as applied to claim 20.
Concerning claim 24, Bedingfield discloses modulating power to a heating element with control circuitry (55) to maintain proper energy flow and wherein the AC/DC converter (59) and battery (53) are coupled in parallel ([0041-0042]; Fig. 5). Friedland et al. further disclose pulse width modulation (PWM) circuitry configured to adjust the duty cycle of the power to the resistive coil ([0074]; Fig. 6-8). The modified invention of Farley et al. in view of Bedingfield and Friedland et al. teach the AC/DC power converter and the battery to be coupled in parallel to PWM circuitry. Further, it would have been obvious to one of ordinary skill in the art at the time of the invention to couple the AC/DC power converter and the battery to be coupled in parallel to PWM circuitry since there are only two choices (series or parallel) for one of ordinary skill in the art to connect elements of a circuit.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farley et al. (2007/0055326, previously cited) in view of in view of Bedingfield (2010/0022937, previously cited) and Friedland et al. (2009/0043365, previously cited), as applied to claim 24, in further view of Blewett (6,402,742, previously cited).
Concerning claim 25, the modified invention of Farley et al. in view of Bedingfield and Friedland et al. fail to disclose a DC/DC power converter coupled between the AC/DC power converter and the PWM circuitry. However, Blewett et al. disclose a medical system comprising a DC/DC power converter (182 or 184) coupled between an AC/DC power converter (180) and PWM circuitry (110) configured to convert a high DC power to a low DC power lower than the high DC power from an AC/DC converter. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify the system of Farley et al. in view of Bedingfield and Friedland et al. such that the system comprises a DC/DC power converter coupled between the AC/DC power converter and the PWM circuitry in order to provide the benefit of stepping down and isolating the DC voltage to minimize possibility of electric shock to the patient as taught by Blewett et al. (Col. 14, ll. 18-33, Fig. 38). Bedingfield further discloses the AC/DC converter (59) and the battery (53) are coupled to the PWM modulator without switch circuitry configured to switch from the AC/DC converter (59) to the battery (53) ([0042]; Fig. 5). The modified invention of Farley et al. in view of Bedingfield, Friedland et al., and Blewett et al. disclose the DC/DC power converter and an output of the battery are configured to present a high impedance in parallel coupling to the PWM circuitry.
Claim(s) 28 & 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farley et al. (2007/0055326, previously cited) in view of in view of Bedingfield (2010/0022937, previously cited) and Friedland et al. (2009/0043365, previously cited), as applied to claims 20 & 38, in further view of Blewett (6,402,742, previously cited).
Concerning claim 28 & 39, Friedland et al. further disclose pulse width modulation (PWM) circuitry configured to adjust the duty cycle of the power to the resistive coil ([0074]; Fig. 6-8). The modified invention of Farley et al. in view of Bedingfield and Friedland et al. fail to disclose a DC/DC power converter coupled between the AC/DC power converter and the PWM circuitry. However, Blewett et al. disclose a medical system comprising a DC/DC power converter (182 or 184) coupled between an AC/DC power converter (180) and PWM circuitry (110) configured to convert a high DC power to a low DC power lower than the high DC power from an AC/DC converter. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify the system of Farley et al. in view of Bedingfield and Friedland et al. such that the system comprises a DC/DC power converter coupled between the AC/DC power converter and the PWM circuitry in order to provide the benefit of stepping down and isolating the DC voltage to minimize possibility of electric shock to the patient as taught by Blewett et al. (Col. 14, ll. 18-33, Fig. 38).
Response to Arguments
Applicant's arguments filed 8/25/2025 have been fully considered but they are not persuasive.
In response to Applicant's argument that neither Geisel nor Friedland teach maintaining a constant temperature, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, the primary reference of Farley teaches maintaining a set, or constant, temperature ([0237], [0461]). Farley fails to specifically teach how that constant temperature is maintained. However, the secondary prior art references of both Geisel and Friedland teach that temperature of a resistive heater can be adjusted by adjusting duty cycle. Thus, at the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify the invention of Farley such that the constant temperature is maintained by adjusting the duty cycle as both Geisel and Friedland teach modulating duty cycle as a way to control temperature of a resistive heater (Geisel: [0075-0076]; Friedland: [0074]).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/JAYMI E DELLA/Primary Examiner, Art Unit 3794
JAYMI E. DELLA
Primary Examiner
Art Unit 3794