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 with traverse of Species I in the reply filed on November 18, 2025 is acknowledged. The traversal is on the ground(s) that Species I and Species J should be included in the same species. This is found to be persuasive. Therefore, elected Species I includes Figures 13 and 14. Claims 18-20 remain withdrawn. The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement filed May 1, 2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. The foreign patent documents that have been lined through have not been considered because not copy has been provided.
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 3-17 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim 3 recites the limitation "an ablation parameter" in line 2, “the parameter” in line 4 and “the parameter” in line 6, which lacks proper antecedent basis in light of the recitation of “at least one current ablation parameter” in line 2 of claim one. It is not clear if or how these recitations are related. Subsequent similar recitations are likewise rejected for not providing proper antecedent basis including but not limited to the parameter recitations found in claims 4, 8, 14, 16 and 17.
Claim 4 recites the limitation “a next cycle” in line 7 which lacks proper antecedent basis in light of the recitation of “a next cycle” in line 3 of claim one. It is not clear if the recitation in claim 4 is referring to a second next cycle or the same next cycle as recited in claim one. Subsequent similar recitations are likewise rejected for not providing proper antecedent basis including but not limited to cycle recitations found in claims 5-12. It is not clear if all of these next cycle recitations are referring to the same next cycle or second, third, fourth, etc cycles.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8, 9, 11 and 13-17 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Brotz et al (2016/0310201).
Referring to claim 1, Brotz et al teaches a control method of a radio-frequency ablation instrument, comprising steps of: acquiring at least one current ablation parameter (paragraph 0017 and 0053); calculating a power value needed to be outputted in a next cycle according to the least one current ablation parameter (paragraphs 0053 and 0068; outer temperature loop 178; Figure 7); acquiring an input control voltage corresponding to the power value according to the power value needed to be outputted (paragraph 0068; inner voltage loop 180; Figure 7); and controlling the radio-frequency energy output according to the input control voltage (paragraphs 0053, 0068-0086; Figures 1-12).
Referring to claim 2, Brotz et al teaches a step of selecting an ablation mode of the radio-frequency ablation instrument in response to an ablation mode selection signal, wherein the ablation mode comprises a constant-temperature ablation mode and a constant-power ablation mode, and the ablation mode selection signal is generated in response to a human-machine interaction operation (paragraphs 0009-0010, 0045, 0050, 0051, 0053, 0054, 0068-0073; Figures 1-12).
Referring to claim 3, Brotz et al teaches a step of setting an ablation parameter according to an ablation parameter setting control signal, wherein the ablation parameter setting control signal is generated in response to a human- machine interaction operation (via 122 and/or 162), the parameter needed to be set in the constant-temperature ablation mode comprises at least a preset constant-temperature point and a preset output power, and the parameter needed to be set in the constant-power ablation mode comprises at least a preset constant-ablation power point (paragraphs 0045, 0050-0051, 0053, 0054, 0068-0073; Figures 1-12).
Referring to claim 4, Brotz et al teaches in the constant-temperature ablation mode, performing primary processing on the at least one current ablation parameter; performing secondary processing on the ablation parameter after the primary processing; and calculating a power value needed to be outputted in a next cycle according to the ablation parameter after the secondary processing (paragraphs 0045, 0050-0051, 0053, 0054, 0068-0073; Figures 1-12).
Referring to claim 5, Brotz et al teaches in the constant-temperature ablation mode, calculating an output power equilibrium point in a next cycle according to a current temperature of a target object and the preset constant- temperature point (paragraphs 0020, 0021, 0053, 0068-0086, 0109-0110; Figures 1-12).
Referring to claim 6, Brotz et al teaches calculating the output power equilibrium point in the next cycle with an incremental algorithm according to the current temperature and the preset constant-temperature point (paragraphs 0020, 0021, 0053, 0068-0086, 0109-0110; Figures 1-12).
Referring to claims 8 and 9, Brotz et al teaches calculating the power value needed to be outputted in the next cycle according to a current voltage at an output terminal of the radio-frequency output apparatus, a current electric current at the output terminal of the radio-frequency output apparatus, and the output power equilibrium point in the next cycle and calculating a real-time power according to the current voltage and the current electric current; and calculating the power value needed to be outputted in the next cycle with a PID algorithm according to the real-time power and the output power equilibrium point in the next cycle (paragraphs 0009-0010, 0047, 0050, 0052-0054, 0068-0086; Figures 1-12).
Referring to claim 11, Brotz et al teaches in the constant-power ablation mode, calculating the real-time power according to the current voltage at an output terminal of the radio-frequency output apparatus and the current electric current at the output terminal of the radio-frequency output apparatus; and calculating the power value needed to be outputted in the next cycle with a PID algorithm according to the real-time power and the preset constant-ablation power point (paragraphs 0009-0010, 0047, 0050, 0052-0054, 0068-0086; Figures 1-12).
Referring to claim 13, Brotz et al teaches wherein a correspondence relation between the output power of the radio-frequency ablation instrument and the input control voltage is nonlinear, and the input control voltage is obtainable from a correspondence relation table of the output power vs the input control voltage according to the output power (paragraphs 0009-0010, 0047, 0050, 0052-0055, 0068-0086; Figures 1-12).
Referring to claim 14, Brotz et al teaches the parameter needed to be set in the constant-temperature ablation mode further comprises at least one of the following: an impedance range, an ablation voltage range, an ablation current range, and an ablation duration, the parameter needed to be set in the constant- power ablation mode further comprises at least one of the following: an impedance range, an ablation voltage range, an ablation current range, an ablation duration, and a temperature protection range; and the method further comprises: controlling the radio-frequency output apparatus to stop the ablation or adjust the radio- frequency energy output when one of the following events is detected: the current impedance in an ablation loop of the radio-frequency output apparatus goes beyond the impedance range; the current voltage at an output terminal of the radio-frequency output apparatus goes beyond the ablation voltage range; the current electric current at the output terminal of the radio-frequency output apparatus goes beyond the ablation current range; the ablation duration goes beyond the set ablation duration; and the current temperature of the target object goes beyond the temperature protection range (paragraphs 0009-0010, 0047, 0050, 0052-0055, 0068-0086; Figures 1-12).
Referring to claim 15, Brotz et al teaches wherein starting the working of radio-frequency ablation instrument in response to an ablation start control signal (paragraphs 0045 and 0074; Figures 1-12).
Referring to claim 16, Brotz et al teaches controlling to display an ablation interface, wherein the ablation interface is configured to display at least one of the set ablation parameter, the at least one current ablation parameter, and a waveform pattern of the at least one current ablation parameter (paragraphs 0045, 0050-0051, 0053, 0054, 0068-0073; Figures 1-12).
Referring to claim 17, Brotz et al teaches acquiring the at least one current ablation parameter in real time by a master or slave control apparatus of the radio-frequency ablation instrument (paragraph 0017, 0050-0051, 0053, 0054, 0068-0073; Figures 1-12).
Allowable Subject Matter
Claims 7, 10 and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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