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 .
Election/Restrictions
Applicant’s election of the following Groups and species in the reply filed September 26, 2025 is acknowledged.
I. Group I, Claims 1-81;
A. Batteries Location: 1. Integral to Medical Device;
B. Battery Type: 1. Rechargeable;
C. Battery Sterility: 2. Sterile;
D. Alarm Type: 1. Visual;
E. Charing type: 2. External Cord Attachment;
F. Type of Medical/Power Tool: 2. Limited Use;
G. Battery Activation: 2. By End User;
H. Surgical Tool Type: 1. a sterile surgical power drill.
Claims 1-4, 7, 11, 13, 18, 21-23, 25, 28, 30-32, 35, 37-38, 41-43, 45, 47-48, 50, 61-64, 66, 68-69, 71-72, 74, 78-79 and 81 are now pending in this application.
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 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 3, 4, 21, 30, 31, 32, 42, 45, 47, 48, 50, 61, 63, 66, 68, 69, 71, 72, 76, 78, 79, and 81 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eskridge (US 2006/0217729).
Regarding claim 1, Eskridge discloses a wake mechanism to wake a medical tool battery or medical battery pack from an inactive state comprising: an electrical circuit, activated by a trigger mechanism (e.g. quickly pulling trigger 116 twice in succession; [0082]); wherein said medical tool battery or medical battery pack comprises a medical grade battery or medical grade battery pack that has been placed in an inactive state to preserve said medical tool battery or medical battery pack charge or minimize a power loss until an on-demand power level for the medical tool battery or medical battery pack is activated by an end user (e.g. sleep mode which recognizes that the power module has been inactive for an extended period of time; [0082]).
Regarding claim 2, Eskridge additionally discloses wherein an inactive state comprises a SLEEP mode (e.g. sleep mode as taught in [0082]).
Regarding claim 3, Eskridge additionally discloses wherein said medical tool battery or medical battery pack is provided integral with a sterile medical tool to an end user (e.g. power supply 149 as shown in Figure 9; [0066]).
Regarding claim 4, Eskridge additionally discloses wherein said integral medical tool battery or medical battery pack is rechargeable (e.g. rechargeable batteries as taught in [0066]).
Regarding claim 21, Eskridge additionally discloses a battery-powered medical device having a wake mechanism to wake a medical grade battery or medical grade battery pack from an inactive state comprising a switch on an exterior portion of the medical device (e.g. quickly pulling trigger 116 twice in succession; [0082]); wherein said medical grade battery or medical grade battery pack had been placed in an inactive state to preserve a battery charge until the wake mechanism is activated (e.g. sleep mode which recognizes that the power module has been inactive for an extended period of time; [0082]).
Regarding claim 30, Eskridge additionally discloses wherein said medical grade battery or medical grade battery pack inactive state comprises a SLEEP mode (e.g. sleep mode as taught in [0082]).
Regarding claim 31, Eskridge additionally discloses wherein said medical grade battery or medical grade battery pack is rechargeable (e.g. rechargeable batteries as taught in [0066]).
Regarding claim 32, Eskridge additionally discloses wherein said medical grade battery or medical grade battery pack is rechargeable (e.g. rechargeable batteries as taught in [0066]).
Regarding claim 42, Eskridge disclose a medical power tool comprising:
an integrated medical grade battery or battery pack previously placed in an inactive state (e.g. (e.g. power supply 149 as shown in Figure 9; [0066]);
wherein said medical power tool comprises a wake mechanism configured to switch the medical grade battery or medical grade battery pack from an inactive state to an active mode, said wake mechanism comprising; a switch on an exterior portion of the power tool (e.g. quickly pulling trigger 116 twice in succession; [0082]);, wherein said medical grade battery or medical grade battery pack had been placed in an inactive state to preserve a battery charge until the wake mechanism is activated (e.g. sleep mode as taught in [0082]).
Regarding claim 45, Eskridge additionally discloses wherein said medical power tool is a limited-use power tool. (e.g. surgical tool 100 which has a finite lifespan and thus is necessarily “limited use”).
Regarding claim 47, Eskridge additionally discloses wherein said battery inactive state comprises a SLEEP mode (e.g. sleep mode as taught in [0082]).
Regarding claim 48, Eskridge additionally discloses wherein said tool comprises: a sterile surgical power drill (e.g. power drill as disclosed in [0003]).
Regarding claim 50, Eskridge additionally discloses wherein said medical grade battery or battery pack is awakened from its inactive state when the wake mechanism is activated by the end user (e.g. quickly pulling trigger 116 twice in succession; [0082]);
Regarding claim 61, Eskridge additionally discloses wherein said activation mechanism is configured with a toggleable activation mode (e.g. quickly pulling trigger 116 twice in succession; [0082]).
Regarding claim 63, Eskridge discloses a medical device battery or battery pack comprising: a medical grade battery or battery pack placed in an inactive state (e.g. power supply 149 as shown in Figure 9; [0066]); wherein said medical grade battery or battery pack comprises a wake mechanism configured to switch the medical grade battery from an inactive state to an active mode (e.g. quickly pulling trigger 116 twice in succession; [0082]); said wake mechanism comprising an interior electrical circuit, activated by a trigger exterior to said medical grade battery or battery pack; or an external electrical circuit, activated by a trigger exterior to said medical grade battery or battery pack wherein said medical grade battery or battery pack had been placed in an inactive state to preserve a battery charge until the wake mechanism is activated. (e.g. sleep mode which recognizes that the power module has been inactive for an extended period of time; [0082]).
Regarding claim 66, Eskridge additionally discloses wherein said medical grade battery or battery pack is configured for use in a limited-use medical power tool. (e.g. surgical tool 100 which has a finite lifespan and thus is necessarily “limited use”).
Regarding claim 68, Eskridge additionally discloses wherein the medical grade battery or battery pack comprises a NORMAL active mode (e.g. normal use mode) and an inactive state which comprises a SLEEP mode (e.g. sleep mode which recognizes that the power module has been inactive for an extended period of time; [0082]).
Regarding claim 69, Eskridge additionally discloses wherein said medical grade battery or battery pack is configured for use in a sterile surgical power drill (e.g. power drill as disclosed in [0003]).
Regarding claim 71, Eskridge additionally discloses wherein said medical grade battery or battery pack is awakened from its inactive state when the wake mechanism is activated by an end user (e.g. quickly pulling trigger 116 twice in succession wakes the device into normal mode; [0082]).
Regarding claim 72, Eskridge discloses transitionable medical-grade battery or battery pack for a battery-powered medical device comprising:
a medical grade battery or battery pack capable of being transitioned between an inactive state and an active state (e.g. power supply 149 as shown in Figure 9; [0066]);
wherein said medical grade battery or battery pack or said battery-powered medical device comprises a wake mechanism configured to switch the medical grade battery from an inactive state to an active mode or returning it to an inactive state, said wake mechanism comprising: an interior electrical circuit, activated by a trigger exterior to said medical grade battery or battery pack (e.g. quickly pulling trigger 116 twice in succession wakes the device into normal mode; [0082]) wherein said transitionable medical grade battery or battery pack is configurable to be placed in an inactive state to preserve a battery charge until the wake mechanism is activated and brings the medical grade battery or battery pack into an active state (e.g. quickly pulling trigger 116 twice in succession wakes the device into normal mode; [0082]).
Regarding claim 76, Eskridge additionally discloses wherein said medical grade battery or battery pack is configured for use in a limited-use medical power tool. (e.g. surgical tool 100 which has a finite lifespan and thus is necessarily “limited use”).
Regarding claim 78, Eskridge additionally discloses wherein the medical grade battery or battery pack comprises a NORMAL active mode (e.g. normal use mode) and an inactive state which comprises a SLEEP mode (e.g. sleep mode which recognizes that the power module has been inactive for an extended period of time; [0082]).
Regarding claim 79, Eskridge additionally discloses wherein said medical grade battery or battery pack is configured for use in a sterile surgical power drill (e.g. power drill as disclosed in [0003]).
Regarding claim 81, Eskridge additionally discloses wherein said medical grade battery or battery pack is awakened from its inactive state when the wake mechanism is activated by an end user (e.g. quickly pulling trigger 116 twice in succession wakes the device into normal mode; [0082]).
Claims 1, 2, 3, 21, 22, 23, 25, 28, 30, 42, 43, 45, 47, 61, 63, 64, 66, 68, 72, 74, 76, and 78 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adams (2004/0092992)
Regarding claim 1, Adams discloses a wake mechanism to wake a medical tool battery or medical battery pack from an inactive state comprising an electrical circuit, activated by a trigger mechanism (e.g. trigger switch 57 that turns the device on and off; Figure 1); wherein said medical tool battery or medical battery pack comprises a medical grade battery or medical grade battery pack that has been placed in an inactive state to preserve said medical tool battery or medical battery pack charge or minimize a power loss until an on-demand power level for the medical tool battery or medical battery pack is activated by an end user (e.g. device is necessarily kept in a sleep or shutdown mode before first use; the device in OFF mode before being taken out of sterile packaging in Figure 8. The claims as currently filed do not require inactive state to be different than a typical OFF mode of the device).
Regarding claim 2, Adams additionally discloses wherein an inactive state comprises a SHUTDOWN mode (e.g. device is necessarily shut down during shipment).
Regarding claim 3, Adams additionally discloses wherein said medical tool battery or medical battery pack is provided integral with a sterile medical tool to an end user (e.g. integral battery unit 54 as shown in Figure 1).
Regarding claim 21, Adams discloses a battery-powered medical device having a wake mechanism to wake a medical grade battery or medical grade battery pack from an inactive state comprising a switch on an exterior portion of the medical device (e.g. trigger switch 57 that turns the device on and off; Figure 1); wherein said medical grade battery or medical grade battery pack had been placed in an inactive state to preserve a battery charge until the wake mechanism is activated (e.g. device is necessarily kept in a sleep or shutdown mode before first use; the device in OFF mode before being taken out of sterile packaging in Figure 8).
Regarding claim 22, Adams additionally discloses wherein said battery-powered medical device is provided to an end user in a sealed, sterile package (e.g. sterile packaging as shown in Figure 8).
Regarding claim 23, Adams additionally discloses an integrated medical grade battery or medical grade battery pack (e.g. battery unit 54 as shown in Figure 1).
Regarding claim 25, Adams additionally discloses wherein said integrated medical grade battery or medical grade battery pack is provided sterile (e.g. sterile packaging as shown in Figure 8).
Regarding claim 28, Adams additionally discloses wherein said battery- powered medical device is a limited-use power tool (e.g. determination of predetermined amount of use and generation of disabling signal 123 as shown in Figure 7).
Regarding claim 30, Adams additionally discloses wherein said medical grade battery or medical grade battery pack inactive state comprises a SLEEP mode (e.g. device is necessarily kept in a sleep or shutdown mode before first use; the device in OFF mode before being taken out of sterile packaging in Figure 8. The claims as currently filed do not require inactive state to be different than a typical OFF mode of the device).
Regarding claim 42, Adams discloses a medical power tool comprising an integrated medical grade battery or battery pack previously placed in an inactive state (e.g. battery unit 54 as shown in figure 1); wherein said medical power tool comprises a wake mechanism configured to switch the medical grade battery or medical grade battery pack from an inactive state to an active mode, said wake mechanism comprising a switch on an exterior portion of the power tool, wherein said medical grade battery or medical grade battery pack had been placed in an inactive state to preserve a battery charge until the wake mechanism is activated (e.g. trigger switch 57 that turns the device on and off; Figure 1. The claims as currently filed do not require inactive state to be different than a typical OFF mode of the device).
Regarding claim 43, Adams additionally discloses wherein said medical device is provided to an end user in a sealed, sterile package (e.g. sterile packaging as shown in Figure 8).
Regarding claim 45, Adams additionally discloses wherein said medical power tool is a limited-use power tool (e.g. determination of predetermined amount of use and generation of disabling signal 123 as shown in Figure 7).
Regarding claim 47, Adams additionally discloses wherein said battery inactive state comprises a SLEEP mode (e.g. device is necessarily kept in a sleep or shutdown mode before first use; the device in OFF mode before being taken out of sterile packaging in Figure 8. The claims as currently filed do not require inactive state to be different than a typical OFF mode of the device).
Regarding claim 61, Adams additionally discloses an activation mechanism, wherein said activation mechanism is configured with a toggleable activation mode (e.g. trigger switch 57 that turns the device on and off; Figure 1);
Regarding claim 63, Adams discloses a medical device battery comprising a medical grade battery or battery pack placed in an inactive state (e.g. battery unit 54 which is in an inactive state when the device is in an OFF state); wherein said medical grade battery or battery pack comprises a wake mechanism configured to switch the medical grade battery from an inactive state to an active mode, said wake mechanism comprising a switch on an exterior portion of the medical grade battery or battery pack (e.g. trigger switch 57 that turns the device on and off; Figure 1); wherein said medical grade battery or battery pack had been placed in an inactive state to preserve a battery charge until the wake mechanism is activated (e.g. device is necessarily kept in a sleep or shutdown mode before first use; the device in OFF mode before being taken out of sterile packaging in Figure 8. The claims as currently filed do not require inactive state to be different than a typical OFF mode of the device).
Regarding claim 64, Adams additionally discloses wherein said medical grade battery or battery pack is provided to an end user in a sealed, sterile package (e.g. sterile packaging as shown in Figure 8).
Regarding claim 66, Adams additionally discloses wherein said medical grade battery or battery pack is configured for use in a limited-use medical power tool (e.g. determination of predetermined amount of use and generation of disabling signal 123 as shown in Figure 7).
Regarding claim 68, Adams additionally discloses wherein said medical grade battery or battery pack comprises a NORMAL active mode and an inactive state which comprises a SHUTDOWN mode (e.g. device is necessarily kept in a sleep or shutdown mode before first use; the device in OFF or SHUTDOWN mode before being taken out of sterile packaging in Figure 8. The claims as currently filed do not require inactive state to be different than a typical OFF mode of the device).
Regarding claim 72, Adams additionally discloses transitionable medical-grade battery or battery pack for a battery-powered medical device comprising (e.g. device as shown in Figure 1): a medical grade battery or battery pack capable of being transitioned between an inactive state and an active state; wherein said medical grade battery or battery pack or said battery-powered medical device comprises a wake mechanism configured to switch the medical grade battery from an inactive state to an active mode or returning it to an inactive state, said wake mechanism comprising an interior electrical circuit, activated by a trigger exterior to said medical grade battery or battery pack (e.g. trigger switch 57 that turns the device on and off; Figure 1); wherein said transitionable medical grade battery or battery pack is configurable to be placed in an inactive state to preserve a battery charge until the wake mechanism is activated and brings the medical grade battery or battery pack into an active state (e.g. device is necessarily kept in a sleep or shutdown mode before first use; the device in OFF or SHUTDOWN mode before being taken out of sterile packaging in Figure 8. The claims as currently filed do not require inactive state to be different than a typical OFF mode of the device).
Regarding claim 74, Adams additionally discloses wherein said medical grade battery or battery pack is provided to an end user in a sealed, sterile package (e.g. sterile packaging as shown in Figure 8).
Regarding claim 76, Adams additionally discloses wherein said medical grade battery or battery pack is configured for use in a limited-use medical power tool (e.g. determination of predetermined amount of use and generation of disabling signal 123 as shown in Figure 7).
Regarding claim 78, Adams additionally discloses wherein said medical grade battery or battery pack comprises a NORMAL active mode and an inactive state which comprises a SHUTDOWN mode (e.g. device is necessarily kept in a sleep or shutdown mode before first use; the device in OFF or SHUTDOWN mode before being taken out of sterile packaging in Figure 8. The claims as currently filed do not require inactive state to be different than a typical OFF mode of the device).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Eskridge in view of Walker (US 6,126,670).
Regarding claim 7, Eskridge discloses the claimed invention except the express mention of an integral medical tool battery or medical battery pack is provided in a sterile state. Walker discloses that it is well known in the art to provide a medical tool battery in a sterile state (e.g. disposable batter pack 20 wherein the battery is sterile (e.g. Abstract). It would have been obvious to one having ordinary skill in the art to include the sterile battery pack of Walker in the device of Eskridge since such a modification would provide the system with the predictable results of a reliable battery that does not require further sterilization (e.g. Walker; Abstract).
Claims 22, 23, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Eskridge in view of Adams.
Regarding claim 22, Eskridge discloses the claimed invention except the express mention of a battery-powered medical device is provided to an end user in a sealed, sterile package. Adams discloses that it was well known in the art to provide a medical device to an end user in a sealed, sterile package (e.g. sterile packaging as shown in Figure 8). It would have been obvious to one having ordinary skill in the art to include the sealed, sterile device of Adams in the device of Eskridge since such a modification would provide the system with the predictable results of a device that is ready to be immediately used without further need for sterilization.
Regarding claim 23, Eskridge additionally an integrated medical grade battery or medical grade battery pack (e.g. power supply 149 as shown in Figure 9; [0066]).
Regarding claim 28, Eskridge additionally discloses wherein battery-powered medical device of Claim 23, wherein said battery- powered medical device is a limited-use power tool (e.g. surgical tool 100 which has a finite lifespan and thus is necessarily “limited use”).
Claims 11 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Eskridge in view of Savage (US 2016/0249919).
Regarding claim 11, Eskridge discloses the claimed invention except the express mention of a visual indicator to alert an end user about a status of the medical tool battery or medical battery pack. Savage discloses that battery status indicators are well known in the art of surgical instrumentation (e.g. battery status indicator 1310 as shown in Figure 21D and [0258]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to include the battery status indicator of Savage in the device of Eskridge since such a modification would provide the system with the predictable results of a reliable means of determining how much batter life is left.
Regarding claim 35, Eskridge discloses the claimed invention except the express mention of a visual indicator to alert an end user about a status of the medical tool battery or medical battery pack. Savage discloses that battery status indicators are well known in the art of surgical instrumentation (e.g. battery status indicator 1310 as shown in Figure 21D and [0258]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to include the battery status indicator of Savage in the device of Eskridge since such a modification would provide the system with the predictable results of a reliable means of determining how much batter life is left.
Claims 13, 18, 37, 41 and 62 are rejected under 35 U.S.C. 103 as being unpatentable over Eskridge and Savage in further view of Barnes (US 2010/0312102).
Regarding claim 13, Eskridge and Savage disclose the claimed invention except the express mention of a medical tool battery or medical battery pack that is rechargeable via an external cord attachment. Barnes discloses that it was well known in the art of surgical tools to recharge a battery via corded attachment (e.g. battery source 112 can be recharged by power cord 113 as disclosed in Figure 1 and [0026]). It would have been obvious to one having ordinary skill in the art to include the charging of Barnes in the device of Eskridge and Savage since such a modifciation would provide the system with the predictable results of a reliable means of recharging the device.
Regarding claim 18, Eskridge additionally discloses wherein said wherein said mechanism is configured for a limited-use medical tool battery or medical battery pack (e.g. surgical tool 100 which has a finite lifespan and thus is necessarily “limited use”).
Regarding claim 37, Eskridge and Savage disclose the claimed invention except the express mention of a medical tool battery or medical battery pack that is rechargeable via an external cord attachment. Barnes discloses that it was well known in the art of surgical tools to recharge a battery via corded attachment (e.g. battery source 112 can be recharged by power cord 113 as disclosed in Figure 1 and [0026]). It would have been obvious to one having ordinary skill in the art to include the charging of Barnes in the device of Eskridge and Savage since such a modifciation would provide the system with the predictable results of a reliable means of recharging the device.
Regarding claim 41, Eskridge additionally discloses wherein said medical grade battery-powered medical device comprises:- a sterile surgical power drill (e.g. power drill as disclosed in [0003]).
Regarding claim 62, Eskridge additionally discloses an activation mechanism, wherein said activation mechanism is configured to reactivate a hibernating battery integrated into a medical device using an initiating mechanism activated by an exterior accessed button, switch, or similar mechanism (e.g. quickly pulling trigger 116 twice in succession; [0082]); wherein a waking voltage for the hibernating battery is supplied by the primary battery pack (as disclosed in [0082]).
Claims 38 is rejected under 35 U.S.C. 103 as being unpatentable over Eskridge in view of Barnes (US 2010/0312102).
Regarding claim 38, Eskridge disclose the claimed invention except the express mention of a medical tool battery or medical battery pack that is rechargeable via an external cord attachment. Barnes discloses that it was well known in the art of surgical tools to recharge a battery via corded attachment (e.g. battery source 112 can be recharged by power cord 113 as disclosed in Figure 1 and [0026]). It would have been obvious to one having ordinary skill in the art to include the charging of Barnes in the device of Eskridge since such a modifciation would provide the system with the predictable results of a reliable means of recharging the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amanda K Hulbert whose telephone number is (571)270-1912. The examiner can normally be reached Monday - Friday 9:00-5:00.
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/Amanda K Hulbert/Primary Examiner, Art Unit 3792