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 .
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 and 8-12 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kamdar et al (6,165,173).
Referring to claims 1 and 10, Kamdar et al teaches an electrosurgical generator (130) for operating an electrosurgical instrument (100), comprising: an instrument terminal for connecting and electrically supplying the electrosurgical instrument (Figure 1B), an instrument detection device (150) for detecting the electrosurgical instrument connected to the instrument terminal during operation of the electrosurgical generator (Col. 6, lines 26-65; Figures 3A-3B), a control device for controlling a signaling device (display and audio outputting device) and a deactivation device (circuitry to disable probe 100), wherein the signaling device is configured to generate a warning indication (Col. 9, lines 55-60), and wherein the deactivation device is configured to take an electrosurgical instrument connected to the instrument terminal out of operation or to keep the electrosurgical instrument out of operation (Col. 9, lines 55-60), wherein the electrosurgical generator additionally comprises a data storage device (EEPROM) coupled to the control device for storing a warning time and a switch-off time, the warning time (D1) and the switch-off time (D2) each being assigned to the electrosurgical instrument in order to assign an instrument-specific warning time and switch-off time to the electrosurgical instrument, a time tracking device for determining an instrument-specific activation duration, wherein the activation duration is a duration of time detected from a first connection or a first activation (clock time) of an electrosurgical instrument to an actual time value, and wherein an activation duration is detected for the electrosurgical instrument, and the activation duration is recorded continuously and independently of an operating state of the electrosurgical instrument and the control device triggers the warning indication by triggering the signaling device when the determined activation duration exceeds the instrument specific warning time of the electrosurgical instrument and/or the control device triggers the taking or keeping the electrosurgical instrument out of operation by controlling the deactivation device when the determined activation duration exceeds the instrument-specific switch-off (Col. 9, line 1 through Col. 10, line 42; Figures 1-3).
Referring to claim 2, Kamdar et al teaches wherein the signaling device includes an acoustic signaling device for outputting an acoustic signal as warning indication and/or the signaling device comprises an optical signaling device for outputting an optical signal or an optical message as warning indication (Col. 9, lines 50-60).
Referring to claim 3, Kamdar et al teaches the data storage device is configured to store an instrument list in which instrument-specific information to the electrosurgical instruments connected to the instrument terminal are retrievably stored (Col. 7, line 64 to Col. 8, line 6 and Col. 9, lines 40-45).
Referring to claim 4, Kamdar et al teaches wherein the instrument detection device is adapted to transmit a unique instrument identifier of the electrosurgical instrument to the data storage device for generating an instrument list (Col. 9, lines 18-40).
Referring to claim 5, Kamdar et al teaches wherein the activation duration is an elapsed real time duration that is independent of a use duration or active operation duration of the electrosurgical instrument, wherein the use duration or active operation duration describes a time duration that indicates how long an instrument was used or was actively operated (Col. 9, lines 50-60; Figures 1-3).
Referring to claim 8, Kamdar et al teaches wherein the first activation of the electrosurgical instrument connected to the instrument terminal is performable by means of an activation device (132) coupled to the electrosurgical generator (Col. 9, line 1 through Col. 10, line 42; Figures 1-3).
Referring to claim 9, Kamdar et al teaches wherein the control device triggers the warning indication by triggering the signaling device when the determined activation duration exceeds the instrument-specific warning time of the electrosurgical instrument and when a connection of the instrument is detected and/or activation of the instrument is detected; and/or the control device triggers the taking or keeping the electrosurgical instrument out of operation by controlling the deactivation device when the determined activation duration exceeds the instrument-specific switch-off time and when a connection of the instrument is detected and/or an activation of the instrument is detected (Col. 9, line 1 through Col. 10, line 42; Figures 1-3).
Referring to claims 11 and 12, Kamdar et al teaches an electrosurgical generator (130) for operating an electrosurgical instrument (100), comprising: an instrument terminal for connecting and electrically supplying the electrosurgical instrument (Figure 1B), an instrument detection device (150) for detecting an electrosurgical instrument connected to the instrument terminal during operation of the electrosurgical generator (Col. 6, lines 26-65; Figures 3A-3B), a control device for controlling a signaling device (display and audio outputting device) and a deactivation device (circuitry to disable probe 100), wherein the signaling device is configured to generate a warning indication (Col. 9, lines 55-60), and wherein the deactivation device is configured to take an electrosurgical instrument connected to the instrument terminal out of operation or to keep the electrosurgical instrument out of operation (Col. 9, lines 55-60), wherein the electrosurgical generator additionally comprises a data storage device (EEPROM) coupled to the control device for storing a warning time and a switch-off time, the warning time (D1) and the switch-off time (D2) each being assigned to the electrosurgical instrument in order to assign an instrument-specific warning time and switch-off time to the electrosurgical instrument, determining an instrument-specific activation duration with a time tracking device, wherein the activation duration is a duration of time detected from a first connection or a first activation of an electrosurgical instrument connected to the instrument terminal to an actual time value, and wherein an activation duration is detected for the electrosurgical instrument, wherein the activation duration is recorded continuously and independently of an operating state of the electrosurgical instrument, and- triggering the warning indication by controlling the signaling device with the control device when the determined activation duration exceeds the instrument-specific warning time of the electrosurgical instrument, and/or triggering the taking or keeping the electrosurgical instrument out of operation by controlling the deactivation device with the control device when the determined activation duration exceeds the instrument-specific switch-off time (Col. 9, line 1 through Col. 10, line 42; Figures 1-3).
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.
Claims 6 and 7 rejected under 35 U.S.C. 103 as being unpatentable over Kamdar et al (6,165,173) as applied to the claims above, and further in view of Ryan Asher (PG Pub 2020/0078071).
Referring to claim 6, Kamdar et al fails to teach a daytime device for detecting and/or displaying a current time. Asher teaches an analogous electrosurgical generator comprising a daytime device for detecting and/or displaying a current time, and the time tracking device for determining the instrument-specific activation duration comprises a time basis that is independent of the daytime device in order to operate the time tracking device independent to the daytime device (paragraph 0391; Figure 42). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrosurgical generator, as taught by Kamdar et al, to include a daytime device for detecting and/or displaying a current time, and the time tracking device for determining the instrument-specific activation duration comprises a time basis that is independent of the daytime device in order to operate the time tracking device independent to the daytime device, as taught by Asher, in order to allow for a real time instrument tracking system (paragraph 0391).
Referring to claim 7, Kamdar et al fails to teach wherein the time tracking device is configured to determine a time offset when the current time of the electrosurgical generator is manually adjusted and the time tracking device is configured to use the determined time offset for determining the instrument-specific activation duration. Asher teaches an analogous electrosurgical generator comprising a time tracking device is configured to determine a time offset when the current time of the electrosurgical generator is manually adjusted and the time tracking device is configured to use the determined time offset for determining the instrument-specific activation duration (paragraph 0393). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the time tracking device, as taught by Kamdar et al, to determine a time offset when the current time of the electrosurgical generator is manually adjusted and the time tracking device is configured to use the determined time offset for determining the instrument-specific activation duration, as taught by Asher, in order to provide a method of tracking real time usage of electrosurgical instruments (paragraph 0393).
Response to Arguments
Applicant's arguments filed September 11, 2025 have been fully considered but they are not persuasive. The examiner maintains that Kamdar et al teaches a time tracking device for determining an instrument-specific activation duration, wherein the activation duration is a duration of time detected from a first connection or a first activation of the electrosurgical instrument connected to the instrument terminal to an actual time value, and wherein an activation duration is detected for the electrosurgical instrument, and the activation duration is recorded continuously and independently of an operating state of the electrosurgical instrument (Col. 9, lines 40-60 and Col. 10, lines 35-43). Kamdar et al specifically teaches that the device will come with three stored parameters to control use: time parameters D1 and D3 and that D1 will set the duration (clock time; independent of energy delivery time) from initial energy delivery (Col. 9, lines 40-60) and furthermore states that the apparatus includes many data points including date/time of first use, date/time of last use and total energy delivery time (Col. 10, lines 35-44). Kamdar et al furthermore explains this by stating that the device keeps records in the form of “flight recorder” style data including time and date of use, length of use, number of uses, etc (Col. 8, lines 6-14). It is furthermore noted that the claim is written with an “or” while the arguments are assuming that both are required.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., monitor that the clock time is correct, etc as argued on page 10) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA M GOOD whose telephone number is (571)270-7480. The examiner can normally be reached Mon to Wed, 7am to 3pm.
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/SAMANTHA M GOOD/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794