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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/1/2024 (not 40 pages) is being considered by the examiner.
Applicant should note that the large number of references in the attached IDS from 5/1/2024 (40 pages) have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is requested to point out any particular reference in the IDS which they believe may be of particular relevance to the instant claimed invention in response to this office action.
Specification
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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21 and 34 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for control of low and high voltage power supplies using impedance, electrical conductivity, pH, temperature, gas concentrations, chemical concentrations, or nucleic acid concentrations, does not reasonably provide enablement for other control methods. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
The claim as written encompasses all possible control methods for controlling signals; however, the specification only gives examples and guidance for the controller to use impedance, electrical conductivity, pH, temperature, gas concentrations, chemical concentrations, or nucleic acid concentrations for controlling the two different voltage power supplies. This would require undue experimentation to determine how to apply other possible control methods.
Claims 22-33 and 35-40 inherit the deficiencies of claims 21 and 34 and are likewise rejected.
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 21-40 are is 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.
Claim 21 is unclear. It is not clear how the controller in the system is configured to determine if tissue is ablated when there is no data input or source for the impedance measurements. Furthermore, there is nothing in the claim that describes the control parameters for controlling the low and high voltage signals which makes it unclear/indefinite as one can use any parameter for controlling signal production.
Claims 22-33 inherit the deficiencies of claim 21 and are likewise rejected.
Claim 30 recites the limitation "the grounding pad" in line 1. There is insufficient antecedent basis for this limitation in the claim. Amending the claim to depend on claim 29 would resolve the issue.
Conclusion
The examiner notes that, though no art has been applied against claims 21-40 at this time, they are not presently allowable. The question of prior art will be revisited upon resolution of the numerous issues noted above.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2002/0077627 (Johnson et al., hereinafter Johnson), US 2008/0071265 (Azure), US 2010/0023004 (Francischelli et al., hereinafter Francischelli), and US 2008/0243117 (Sharps et al., hereinafter Sharps) describe the concepts of determining ablation based on impedance measurement and control of voltage application though they all only have one voltage power supply.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA DARYL DEANON LANNU whose telephone number is (571)270-1986. The examiner can normally be reached Monday-Thursday 8 AM - 5 PM, Friday 8 AM -12 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA DARYL D LANNU/Examiner, Art Unit 3791
/CARRIE R DORNA/Primary Examiner, Art Unit 3791
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