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 . 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.
Election/Restrictions
Claims 10-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election of Species B and Species 4 (which has been interpreted as Species 1 since it is drawn to fig. 4, and since no ‘Species 4’ was ever identified) was made without traverse in the reply filed on April 23, 2026.
Claims 1-8 are being examined while claims 9-12 are withdrawn from further consideration. While Applicant argues that claim 9 is drawn to the elected species, this is not found persuasive since the 'plurality of RF returns' limitation is not shown in the elected species. Rather, this limitation is depicted in figs. 1 and 3. Therefore claim 9 is withdrawn from further consideration for being drawn to a nonelected invention.
Specification
The disclosure is objected to because the first paragraph does not provide the most current status for the related application. That is, the parent application is referenced as a U.S. application even though it has issued as a patent. The paragraph should be amended to include the appropriate patent number.
Furthermore, the lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 1 and 8 are objected to because of the following informalities: In claim 1 (line 6), the first occurrence of “and the” should be deleted; In claim 8 (line 1), “the determined” should be replaced with -determining the-; In claim 8 (line 3), “dived” should be replaced with -divided-. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Azamian, U.S. 2016/0128767 (hereinafter Azamian).
Regarding claim 1, Azamian discloses an electrosurgical unit comprising: an RF output configured to be coupled to an electrosurgical device (note paragraph 219); an RF return capable of being coupled to a surgical retractor (note paragraph 219); and a controller operably coupled to the RF output and the RF return, the controller configured to determine an impedance in tissue at a surgical area electrically disposed between the RF output and the RF return (note paragraphs 371 and 541).
Regarding claims 2-3, Azamian discloses (see above) an electrosurgical unit comprising a ‘detection’ circuit ‘operably coupled’ to the RF return and the controller, wherein the detection circuit includes a ‘return electrode monitoring circuit’ (i.e., contact/pressure sensor - note paragraph 304).
Regarding claim 4, Azamian discloses (see above) an electrosurgical unit wherein the controller includes a processor and memory device (note paragraph 363).
Regarding claim 5, Azamian discloses (see above) an electrosurgical unit necessarily comprising a ‘RF circuit’ operably coupled to the controller and the RF output (since the controller causes RF energy to be delivered via the RF output).
Regarding claims 6-7, Azamian discloses (see above) an electrosurgical unit wherein the controller is configured to output the determined impedance, and wherein the output includes a visualization (note paragraph 390).
Regarding claim 8, Azamian discloses (see above) an electrosurgical unit wherein determining the impedance includes calculating the difference between a voltage at the RF output and a voltage at the RF return divided by a current received at the RF return (note paragraphs 371 and 541).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. 2015/0133911 (Batchelor).
U.S. 2010/0324548 (Godara).
U.S. 6,958,064 (Rioux).
U.S. 5,542,916 (Hirsch).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS ANTHONY GIULIANI whose telephone number is (571)270-3202. The examiner can normally be reached Mon - Fri 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS A GIULIANI/Primary Examiner, Art Unit 3794
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