The instant Non-Final Rejection supersedes Final Rejection (7/22/2025).
DETAILED ACTION
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending.
Response to Arguments
First, Applicant argues Examiner’s Official Notices are unsupported by documentary evidence because the facts asserted are not well-known in the art that are capable of instant and unquestionable demonstration. See Remarks at 6.
Applicant’s first argument has been fully considered but it is not persuasive.
Fact # 1: Discrete matrices of corresponding pairs of values are typically used to specify continuous functions.
Instant and unquestionable demonstration: Continuous function y=f(x), where y=x can be specified with matrices [0,0], [1,1], [2,2], and so on.
Fact # 2: Data need not be stored in a database (e.g., flat file, RFID device).
Instant and unquestionable demonstration: On your computer, find log files that are stored as flat files with, for example, *.txt, *.log, *.asc, *.csv, *.dat extensions for Windows, MacOS, and Linux operating systems.
Second, Applicant argues that “Anderson nor Turner discuss a maximum frequency threshold.” See Remarks at 7.
Applicant’s second argument has been fully considered but it is not persuasive. See discussion below.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson et al. (US 5632739 A, 1997-05-27) (hereinafter “Anderson”) in view of Turner et al. (US 20120265196 A1, 2012-10-18) (hereinafter “Turner”)
Regarding claims 1-20, as discussed above (Response to Arguments incorporated by reference herein), Anderson teaches a method of controlling a laser delivery console, comprising: receiving at a controller for a laser delivery console electronically (27) stored information from a medical device; wherein various operating parameters may be adjusted (Fig. 4 and associated text). However, Anderson does not expressly teach a plurality of operating parameter threshold values.
Official Notice is given that discrete matrices of corresponding pairs of values are typically used to specify continuous functions. Official Notice is also given that data need not be stored in a database (e.g., flat file, RFID device).
Turner teaches “wherein the plurality of operating parameter threshold values includes maximum frequency values . . .” because Turner teaches use of threshold (electrical) impedance (as denoted conventionally by “Z”). See, e.g., Figs. 76, reproduced below.
PNG
media_image1.png
930
614
media_image1.png
Greyscale
Note that electrical impedance (Z) is a function of frequency (f), as shown below.
PNG
media_image2.png
576
648
media_image2.png
Greyscale
Note further that Turner teaches (maximum) impedance threshold. See, e.g., [0333] (“Accordingly, in one embodiment of the algorithm 1452, a first activation tone occurs during the activation of the electrosurgical or RF surgical device 106 that transitions to a second activation tone that occurs when the impedance and/or energy conditions/threshold(s) are met and then transitions to a third activation tone that occurs when the impedance and/or energy conditions/threshold(s) and an end effector 132 (e.g., knife) position condition are all met.”); [0306] “According to various embodiments, if the final load curve 1462 is completed in the second region 1480 before completion of the second region 1480, then the final power curve 1462 may be continuously applied, for example, until the tissue impedance threshold is met, the maximum second region time is reached and/or the timeout time is reached. Also, it will be appreciated that, with some tissue cuts, the second region 1480 may be completed before all available consolidated load curves 1456, 1458, 1460, 1462 are executed.”
Because Turner teaches an operating parameter of (maximum) impedance threshold, Turner also (inherently) teaches operating parameter threshold values the includes maximum frequency values. The reason is that (maximum) impedance includes or is a function of (maximum) frequency.
Turner also teaches “wherein the plurality of operating parameter threshold values includes . . . maximum energy values for laser energy supplied by the laser delivery console to the medical device” because Turner teaches maximum predetermined number of pulses. See, e.g., [0320] (“As described above, the various composite power curves used in the algorithm 1452 may each be implemented for a predetermined number of pulses.”); [0323] (“For example, a first impedance rate of change may be maintained until the total energy delivered to the tissue exceeds a predetermined energy threshold. At the energy threshold, if tissue conditions have not reached a predetermined level (e.g., a predetermined tissue impedance), then the generator 102 may utilize the drive signal to drive the tissue to a second, higher impedance rate of change.”) See also Fig. 76, reproduced below.
PNG
media_image3.png
596
866
media_image3.png
Greyscale
Because each pulse supplies a discrete amount of energy, a maximum predetermined number of pulses supplies in total a maximum energy value for laser energy supplied by the laser delivery console to the medical device.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Turner with the invention taught by Anderson such that the invention further comprises converting, using at least one processor of the controller, the electronically stored information to a plurality of operating parameter threshold values, wherein the plurality of operating parameter threshold values includes maximum frequency values and maximum energy values for laser energy supplied by the laser delivery console to the medical device; and preventing, in response to a command to adjust the energy or frequency of laser energy supplied to the medical device, the delivery of laser energy with a frequency or energy value that exceeds one or more of the threshold values, wherein the command is generated by an action or series of actions on a user interface operably coupled to the laser delivery control console (e.g., Turner at [0302], [0323], [0333], [0306]; Figs. 76, 78 and associated text) (as recited in claim 1); wherein the plurality of threshold values form an operating parameter matrix of the medical device (as recited in claim 2); wherein the control console is configured to adjust the laser energy outputted to the medical device between a finite number of laser energy characteristics, wherein the finite number of laser energy characteristics include a finite number of discreet frequency values and a finite number of discreet energy (e.g., Turner at [0302], [0323], [0333], [0306]; Figs. 76, 78 and associated text) (as recited in claim 3); wherein the maximum frequency and energy values include maximum frequency and energy values for each of the finite number of discreet frequency values and a finite number of discreet energy values (e.g., Turner at [0302], [0323], [0333], [0306]; Figs. 76, 78 and associated text) (as recited in claim 4); wherein the electronically stored information is stored in 270 bytes or less electronic storage space (as recited in claim 5); wherein the medical device is a laser fiber (as recited in claim 6); wherein converting the electronically stored information to a plurality of threshold values includes using the electronically stored information to create a plurality of corner stone set point pairs defining an operating parameter matrix (as recited in claim 7); wherein the at least one processor includes a first data set corresponding to a matrix, wherein the matrix includes a finite number of discreet frequency values along the matrix's horizontal axis and a finite number of discreet energy values along the matrix's vertical axis, wherein the matrix is used to convert the electronically stored information to operating parameters for the medical device (as recited in claim 8); wherein converting the electronically stored information to a plurality of operating parameter threshold values includes defining an operating parameter matrix including a maximum energy value for each of the finite number of discreet frequency values and a maximum frequency value for each of the finite number of discreet energy values (e.g., Turner at [0302], [0323], [0333], [0306]; Figs. 76, 78 and associated text) (as recited in claim 9); a method of controlling a laser delivery control console to deliver laser energy to a medical device, comprising: accessing electronic information from an electronic memory device coupled to the medical device; receiving at the control console electronically stored information from the electronic memory; converting, using at least one processor of the control console, the electronically stored information to a series of operating parameters associated with the medical device; wherein the plurality of operating parameters include maximum frequency and energy values for laser energy supplied by the laser source to the medical device; and automatically preventing the delivery of laser energy with a frequency or energy level that exceeds one or more of the maximum frequency and energy values (e.g., Turner at [0302], [0323], [0333], [0306]; Figs. 76, 78 and associated text) (as recited in claim 10); wherein: the at least one processor includes stored electronic information of a uniform operating parameter matrix size, and the uniform operating parameter matrix size includes a matrix with a first axis including a finite number of discreet frequency values and second axis including a finite number of discreet energy values; the series of operating parameters include a series of threshold set point pairs consisting of a discreet frequency value and a discreet energy value; and each of the threshold set point pairs define the maximum frequency and energy values (e.g., Turner at [0302], [0323], [0333], [0306]; Figs. 76, 78 and associated text) (as recited in claim 11); wherein converting the electronically stored information to a series of operating parameters does not include accessing a database (as recited in claim 12); wherein the electronically stored information includes a plurality of corner stone set point pairs defining components of an operating parameter matrix for the medical device (as recited in claim 13); wherein automatically preventing the delivery of laser energy with a frequency or energy level that exceeds one or more of the maximum frequency energy values includes limiting a range of discreet frequency and/or energy level settings available in the control console to adjust the output of laser energy from the laser source (e.g., Turner at [0302], [0323], [0333], [0306]; Figs. 76, 78 and associated text) (as recited in claim 14); wherein the electronically stored information includes information defining locations within the uniform operating parameter matrix size; and wherein the locations are defined by a pair of values, and wherein the pair of values consists of one discreet frequency value and one discreet energy value (as recited in claim 15); a medical device comprising: a body including a proximal end and a distal end, wherein the body is configured to receive laser energy and transport laser energy to the distal end; an electronic memory device including representative electronic data stored on the electronic memory device, wherein the electronic memory device is coupled to the body; wherein the representative electronic data includes data related to operating parameters including the maximum frequency and maximum energy levels of laser energy to be received by the medical device (e.g., Turner at [0302], [0323], [0333], [0306]; Figs. 76, 78 and associated text) (as recited in claim 16); wherein the electronic memory device is a radio frequency identification device (as recited in claim 17); wherein the electronic data includes data configured to be converted by a control console into an operating parameter matrix for the medical device (as recited in claim 18); wherein the operating parameters consist of maximum frequency and maximum energy levels of laser energy to be received by the medical device (e.g., Turner at [0302], [0323], [0333], [0306]; Figs. 76, 78 and associated text) (as recited in claim 19); wherein the electronic data consists of 5 bytes of data (as recited in claim 20) in order to improve the safety, efficiency, and efficacy of the invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T LUAN whose telephone number is (571)270-1860. The examiner can normally be reached on 9am-5pm, M-F (generally).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Jackson, can be reached on 571-272-4697. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Scott Luan, Ph.D.
/SCOTT LUAN/Primary Examiner, Art Unit 3792