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 .
Response to Amendment
The amendment filed April 14th, 2026 has been entered. Applicant’s amendments to the claims have overcome the 112(b) rejections previously set forth in the Non-Final Rejection mailed January 20th, 2026.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 15 & 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The following new grounds of rejection are set forth:
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.
Claims 1-3, 5-6, 9 & 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ettinger et al. (U.S. Pub. No. 20220133415), herein referred to as “Ettinger” in view of Brannan (U.S. Pub. No. 20190175270, previously cited), herein referred to as “Brannan” and Duncan et al. (U.S. Pub. No. 20180021104), herein referred to as “Duncan”.
Examiner note: the Ettinger reference has discrepancies between the disclosure and the Figures- numbers are reused thus, reference numerals are referred to as they appear in the Figures and excerpts are copied as they appear in the Specification.
Regarding claim 1, Ettinger discloses a microwave ablation apparatus (Abstract: An apparatus; [0032]: As used herein, the terms “surgical” or “surgery” as used to describe various procedures and instruments may refer to a variety of procedures used for manipulation of body parts (e.g., suturing, ablating, cutting grasping, fulgurating, cauterizing, stapling, etc.), but can also include imaging, sensing, diagnostic, therapeutic, and other similar procedures) comprising:
a movable cart ([0074]: a wheeled cart 1450) comprising a support surface (surface above wheels in Fig. 14);
a portable base unit (any features above wheels and surface the wheels are attached to), the portable base unit comprising:
a housing including a plurality of walls defining an interior volume (exterior of 1400/portions of 1400 that house 1402, 1404 & 1405; [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur);
at least one generator disposed within the interior volume of the housing ([0033]: Examples of auxiliary function units used to operably connect to and control auxiliary functions of a medical device, include, but are not limited to insufflation and evacuation units, electro-surgical energy generation units (sometimes referred to as ESUs); [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur); and
at least one coolant flow generator disposed within the interior volume of the housing ([0033]: Examples of auxiliary function units used to operably connect to and control auxiliary functions of a medical device, include, but are not limited to irrigation units; [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur); and
at least one ablation probe assembly configured to couple to the at least one microwave generator and the at least one coolant flow generator ([0075]: As can also be seen in the embodiment of FIG. 14 and arrangement of the three auxiliary function units 1402, 1404, and 1405, the connector interfaces 1408, 1410, and 1413 are located such that when transmission lines are placed in mating engagement with the connector interfaces (labeled C for convenience in FIG. 14), they can extend to the surgical instruments to which they are connected; [0072]: an auxiliary function control apparatus 1400 that integrates an insufflation and evacuation function unit, one or more endoscopic imaging function units 1405, and an electrosurgical energy function unit (ESU)).
Ettinger fails to explicitly disclose a microwave ablation apparatus and at least one microwave generator.
However, Brannan discloses a microwave ablation apparatus (Abstract: Microwave ablation systems) and at least one microwave generator (Abstract: microwave generator). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the ablation apparatus and generator to be microwave, as taught by Brannan, for the purpose of enabling the ablation to be a predictable spherical ablation zone (Brannan: [0001]).
Ettinger in view of Brannan fails to disclose a portable base unit removably positioned on the support surface.
However, Duncan discloses a portable base unit (laser device 200) removably positioned on the support surface (table 175; [0009]: the dental laser assembly is removably supported or mounted on the at least one height adjustable table).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the portable base unit of Ettinger in view of Brannan to be removable, as taught by Duncan for the purpose of supporting one or more devices and/or one or more additional components, devices or supplies (Duncan: [0031]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the portable base unit to be removably positioned on the support surface, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 2, Ettinger in view of Brannan fail to disclose wherein the movable cart comprises an elongated post configured to position the support surface at an elevated position.
However, Duncan discloses wherein the movable cart comprises an elongated post (adjustment column 165) configured to position the support surface at an elevated position ([0032]: an adjustment column 165 that can be used to facilitate changing the distance of the table 175 with respect to the top end of the cabinet or drawer assembly 125). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the movable cart of Ettinger in view of Brannan to comprise an elongated post, as taught by Duncan, for the purpose of enabling the distance between the table and the assembly to vary depending on a users's requirements (Duncan: [0032]).
Regarding claim 3, Ettinger in view of Brannan and Duncan disclose wherein the movable cart comprises a plurality of wheels (Ettinger: wheels shown in fig. 14) mounted to an end of the elongated post opposite to the support surface (Duncan: wheels 127 on base of column 165).
Regarding claim 5, Ettinger discloses wherein the portable base unit comprises a first coolant cartridge port configured to receive a first coolant cartridge within the interior volume of the housing ([0033]: Examples of auxiliary function units used to operably connect to and control auxiliary functions of a medical device, include, but are not limited to irrigation units; [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur), a first microwave signal port, and a first sensor port ([0032]: As used herein, the terms “surgical” or “surgery” as used to describe various procedures and instruments may refer to a variety of procedures used for manipulation of body parts (e.g., suturing, ablating, cutting grasping, fulgurating, cauterizing, stapling, etc.), but can also include imaging, sensing, diagnostic, therapeutic, and other similar procedures; [0072]: an ESU 1404 having four energy connector interfaces 1410, and an endoscopic imaging function unit 1405 having two endoscope connector interfaces 1413).
Regarding claim 6, Ettinger discloses wherein the portable base unit comprises a second coolant cartridge port configured to receive a second coolant cartridge within the interior volume of the housing ([0033]: Examples of auxiliary function units used to operably connect to and control auxiliary functions of a medical device, include, but are not limited to irrigation units; [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur; wherein two of the auxiliary function units are seen as two coolant cartridges), a second microwave signal port, and a second sensor port ([0032]: As used herein, the terms “surgical” or “surgery” as used to describe various procedures and instruments may refer to a variety of procedures used for manipulation of body parts (e.g., suturing, ablating, cutting grasping, fulgurating, cauterizing, stapling, etc.), but can also include imaging, sensing, diagnostic, therapeutic, and other similar procedures; [0072]: an ESU 1404 having four energy connector interfaces 1410, and an endoscopic imaging function unit 1405 having two endoscope connector interfaces 1413).
Regarding claim 9, Ettinger discloses wherein the portable base unit (cart 1450) comprises an adjustable display screen (display 1410) coupled to an exterior of the housing and configured to allow user input and display of one or more operating parameters ([0064]: As has been described above, the various user interface control portions of the overlay panel in any of the embodiments described can be graphical user interface displays that include touchscreen technology; [0068]: the cart 1300 can further include components of conventional auxiliary systems of a teleoperated surgical system, such as, for example, a display that presents a view of the surgical field obtained from an imaging device telestration, as well as other controllers and/or processors that provide control of an overall surgical system).
Regarding claim 11, Ettinger fails to disclose wherein the at least one coolant flow generator comprises a pump configured to move coolant through the at least one ablation probe assembly.
However, Brannan discloses wherein the at least one coolant flow generator comprises a pump configured to move coolant through the at least one ablation probe assembly ([0035]: a cooling system 140 including two fluid pumps. The microwave generator 130 and the cooling system are configured to operate with multiple disposable antennas 110, which can be coupled to the generator 130 and the cooling system 140). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the microwave ablation apparatus of Ettinger to include the coolant flow generator of Brannan for the purpose of cooling the microwave antennas (Brannan: [0014]).
Regarding claim 12, Ettinger fails to explicitly disclose wherein the at least one coolant flow generator comprises a first coolant flow generator and a second coolant flow generator, the first coolant flow generator and the second coolant flow generator each operable to independently generate flow of a coolant through an independent ablation probe assembly of the at least one ablation probe assembly.
However, Brannan discloses wherein the at least one coolant flow generator comprises a first coolant flow generator and a second coolant flow generator, the first coolant flow generator and the second coolant flow generator each operable to independently generate flow of a coolant through an independent ablation probe assembly of the at least one ablation probe assembly ([0036]: FIG. 2 is a block diagram of a microwave ablation system. The microwave ablation system includes a microwave generator 220, a remote temperature probe 232 coupled to the generator 220, two disposable ablation probes 210 coupled to the microwave generator 220 via a reusable cable assembly 200, and two fluid pumps and saline bags coupled to corresponding disposable ablation probes 210). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the microwave ablation apparatus of Ettinger to include the at least one coolant flow generator of Brannan for the purpose of cooling the first and second microwave antennas based on the temperature measurements of the first and second microwave antennas (Brannan: [0014]).
Regarding claim 13, Ettinger discloses wherein the at least one ablation probe assembly comprises an ablation probe (probes 5, Fig. 14), a flexible conduit ([0075]: transmission lines, Fig. 14), a coolant cartridge ([0033]: Examples of auxiliary function units used to operably connect to and control auxiliary functions of a medical device, include, but are not limited to irrigation units) and a connector (connector interfaces 1408, 1410, 1413, 1419).
Regarding claim 14, Ettinger discloses wherein the connector is configured to connect the at least one ablation probe assembly to the at least one microwave generator ([0032]: As used herein, the terms “surgical” or “surgery” as used to describe various procedures and instruments may refer to a variety of procedures used for manipulation of body parts (e.g., suturing, ablating, cutting grasping, fulgurating, cauterizing, stapling, etc.), but can also include imaging, sensing, diagnostic, therapeutic, and other similar procedures; [0072]: an ESU 1404 having four energy connector interfaces 1410, and an endoscopic imaging function unit 1405 having two endoscope connector interfaces 1413) and the coolant cartridge is configured to connect the at least one ablation probe assembly to the at least one coolant flow generator (connector interfaces 1408, 1410, 1413, 1419; [0033]: Examples of auxiliary function units used to operably connect to and control auxiliary functions of a medical device, include, but are not limited to irrigation units).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ettinger in view of Brannan and Duncan as applied to claim 1 above, and further in view of Henderson et al. (U.S. Pub. No. 20200078119, previously cited), herein referred to as “Henderson”.
Regarding claim 4, Ettinger in view of Brannan and Duncan fails to disclose wherein the support surface comprises a locator and the portable base unit comprises a complimentary locator, the locator and the complimentary locator configured to position the portable base unit in a desired position on the support surface.
However, Henderson discloses wherein the support surface (docking station 151, Fig. 4) comprises a locator (bracket 156) and the portable base unit (combo generator module 145) comprises a complimentary locator (side brackets 155), the locator and the complimentary locator configured to position the portable base unit in a desired position on the support surface ([0120]: the combo generator module 145 includes side brackets 155 that are configured to slidably engage with corresponding brackets 156 of the corresponding docking station 151 of the hub modular enclosure 136. The brackets cooperate to guide the docking port contacts of the combo generator module 145 into an electrical engagement with the docking port contacts of the hub modular enclosure 136). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the ablation system of Ettinger in view of Brannan and Duncan to include a locator and a complimentary locator, as taught by Henderson, for the purpose of guiding the docking port contacts of the combo generator module into an electrical engagement with the docking port contacts of the hub modular enclosure (Henderson: [0120]).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ettinger in view of Brannan and Duncan as applied to claim 6 above, and further in view of Berry et al. (U.S. Pub. No. 20150257814, previously cited), herein referred to as “Berry”.
Regarding claim 7, Ettinger in view of Brannan and Duncan fail to disclose wherein the first coolant cartridge port, the first microwave signal port, and the first sensor port are each marked with a first indicator, and the second coolant cartridge port, the second microwave signal port, and the second sensor port are each marked with a second indicator, the first indicator and the second indicator each configured to identify a different ablation probe assembly.
However, Berry discloses wherein the first coolant cartridge port, the first microwave signal port, and the first sensor port are each marked with a first indicator, and the second coolant cartridge port, the second microwave signal port, and the second sensor port are each marked with a second indicator, the first indicator and the second indicator each configured to identify a different ablation probe assembly ([0068]: display screen sections 440-444 and connectors 420-424 may be visually coupled via the use of color. For instance, when display screen section 440, or a portion thereof, and connector 420 may have the same color so that a user may easily identify that display screen section 440 and connector 420 are visually coupled and respectively associated with one another due to their common color; see Fig. 4 were display screen sections 442 & 443 correspond with connectors, 423 & 424, respectively, where each of the connectors comprise three ports such that Berry is seen as teaching three ports marked with a first indicator and three ports marked with a second indicator). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the portable base unit of Ettinger in view of Brannan and Duncan to include first and second indicators, as taught by Berry, for the purpose of the indicators identifying a type of instrument or operation associated with a respective display screen section and connector (Berry: [0068]).
Regarding claim 8, Ettinger in view of Brannan, Duncan and Berry disclose wherein the first indicator is a first color and the second indicator is a second color (Berry: [0068]: display screen sections 440-444 and connectors 420-424 may be visually coupled via the use of color. For instance, when display screen section 440, or a portion thereof, and connector 420 may have the same color so that a user may easily identify that display screen section 440 and connector 420 are visually coupled and respectively associated with one another due to their common color; see Fig. 4 were display screen sections 442 & 443 correspond with connectors, 423 & 424, respectively, where each of the connectors comprise three ports such that Berry is seen as teaching three ports marked with a first indicator and three ports marked with a second indicator).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ettinger in view of Brannan and Duncan as applied to claim 1, above, and further in view of Allen et al. (U.S. Pub. No. 20170312004, previously cited), herein referred to as “Allen”.
Regarding claim 10, Ettinger in view of Brannan and Duncan fails to disclose wherein the at least one microwave generator comprises a first microwave generator and a second microwave generator, the first microwave generator and the second microwave generator each operable to independently generate a microwave signal for an independent ablation probe.
However, Allen discloses wherein the at least one microwave generator (generator 100) comprises a first microwave generator and a second microwave generator (one or more output modules 200), the first microwave generator and the second microwave generator each operable to independently generate a microwave signal for an independent ablation probe ([0022]: FIG. 4A-4D are schematic views illustrating various surgical instruments being coupled to the generator of FIG. 2; [0035]: whereby the one or more output modules 200 can cooperate with the instrument 10 (e.g., surgical instrument 12) operatively coupled thereto so that the instrument 10 can perform one or more functions (e.g., grasping, sealing, cutting, ablating, cooling, etc.); [0037]: the one more output modules 200 may include an inverter configured to output energy at one or more of an ultrasonic frequency, a microwave frequency, a radio frequency, etc. … In some embodiments, different output modules may be configured to provide the same energy modalities.). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the microwave generator of Ettinger in view of Brannan and Duncan to include two microwave generators, as taught by Allen, for the purpose of each output module may be configured to cooperate with one or more of the first and second surgical instruments when coupled to the generator to enable the respective one of the first and second surgical instruments to perform one or more functions (Allen: [0014]).
Claims 15, 17 & 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ettinger in view of Brannan.
Regarding claim 15, Ettinger discloses a microwave ablation apparatus (Abstract: An apparatus; [0032]: As used herein, the terms “surgical” or “surgery” as used to describe various procedures and instruments may refer to a variety of procedures used for manipulation of body parts (e.g., suturing, ablating, cutting grasping, fulgurating, cauterizing, stapling, etc.), but can also include imaging, sensing, diagnostic, therapeutic, and other similar procedures) comprising:
a portable base unit (cart 1450) comprising:
a housing (housing of cart 1450) including a plurality of walls defining an interior volume (interior as described by housing comprising a door: [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur);
a microwave generator port ([0074]: The auxiliary function units 1402, 1404, and 1405 can be positioned in shelves (not shown) of a wheeled cart 1450) extending into the interior volume ([0032]: As used herein, the terms “surgical” or “surgery” as used to describe various procedures and instruments may refer to a variety of procedures used for manipulation of body parts (e.g., suturing, ablating, cutting grasping, fulgurating, cauterizing, stapling, etc.), but can also include imaging, sensing, diagnostic, therapeutic, and other similar procedures; [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur); and
a coolant port extending into the interior volume ([0033]: Examples of auxiliary function units used to operably connect to and control auxiliary functions of a medical device, include, but are not limited to irrigation units; [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur; wherein this is seen as a coolant port extending into the interior volume); and
an ablation probe assembly (assembly 5 shown in fig. 14) comprising:
a probe (probes 5 in Fig. 14),
a flexible conduit ([0075]: transmission lines),
a microwave connector (energy connector interfaces 1410, Fig. 15), wherein the microwave connector is adapted to removably couple the ablation probe assembly to the microwave generator port ([0032]: As used herein, the terms “surgical” or “surgery” as used to describe various procedures and instruments may refer to a variety of procedures used for manipulation of body parts (e.g., suturing, ablating, cutting grasping, fulgurating, cauterizing, stapling, etc.), but can also include imaging, sensing, diagnostic, therapeutic, and other similar procedures; [0072]: an ESU 1404 having four energy connector interfaces 1410, and an endoscopic imaging function unit 1405 having two endoscope connector interfaces 1413); and
a coolant cartridge ([0077]: the auxiliary function units 1402, 1404, 1405; [0033]: Examples of auxiliary function units used to operably connect to and control auxiliary functions of a medical device, include, but are not limited to irrigation units), wherein the coolant cartridge disposed within the interior volume of the housing to removably couple the ablation probe assembly to the coolant port ([0032]: As used herein, the terms “surgical” or “surgery” as used to describe various procedures and instruments may refer to a variety of procedures used for manipulation of body parts (e.g., suturing, ablating, cutting grasping, fulgurating, cauterizing, stapling, etc.), but can also include imaging, sensing, diagnostic, therapeutic, and other similar procedures; [0072]: an ESU 1404 having four energy connector interfaces 1410, and an endoscopic imaging function unit 1405 having two endoscope connector interfaces 1413; [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur).
Ettinger fails to explicitly disclose a microwave ablation apparatus.
However, Brannan discloses a microwave ablation apparatus (Abstract: Microwave ablation systems). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the ablation apparatus and generator to be microwave, as taught by Brannan, for the purpose of enabling the ablation to be a predictable spherical ablation zone (Brannan: [0001]).
Regarding claim 17, Ettinger discloses wherein the microwave generator port is coupled to a microwave generator in the portable base unit ([0075]: As can also be seen in the embodiment of FIG. 14 and arrangement of the three auxiliary function units 1402, 1404, and 1405, the connector interfaces 1408, 1410, and 1413 are located such that when transmission lines are placed in mating engagement with the connector interfaces (labeled C for convenience in FIG. 14), they can extend to the surgical instruments to which they are connected; [0072]: an auxiliary function control apparatus 1400 that integrates an insufflation and evacuation function unit, one or more endoscopic imaging function units 1405, and an electrosurgical energy function unit (ESU)), but fails to explicitly disclose the microwave generator configured to deliver a microwave signal to the probe.
However, Brannan discloses a microwave generator, the microwave generator configured to deliver a microwave signal to the probe ([0039]: the microwave signal generated by the generator 220 … The hardware controller 226 controls the microwave amplifier 225 to convert the DC power to a microwave signal, which is transmitted to the microwave probe 218). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the ablation apparatus of Ettinger to be configured to deliver a microwave signal to the probe, as taught by Brannan, for the purpose of the microwave signal enabling the ablation to be a predictable spherical ablation zone (Brannan: [0001]).
Regarding claim 19, Ettinger discloses a microwave ablation apparatus (Abstract: An apparatus; [0032]: As used herein, the terms “surgical” or “surgery” as used to describe various procedures and instruments may refer to a variety of procedures used for manipulation of body parts (e.g., suturing, ablating, cutting grasping, fulgurating, cauterizing, stapling, etc.), but can also include imaging, sensing, diagnostic, therapeutic, and other similar procedures) comprising:
a portable base unit (cart 1450) comprising a housing including a plurality of walls defining an interior volume ([0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur; housing is seen as the portion of cart 1450 comprising the door and outer walls);
at least one microwave generator disposed within the interior volume of the housing ([0033]: Examples of auxiliary function units used to operably connect to and control auxiliary functions of a medical device, include, but are not limited to insufflation and evacuation units, electro-surgical energy generation units (sometimes referred to as ESUs); [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur), an ablation probe (probes 5, Fig. 14); and
at least one coolant flow generator disposed within the interior volume of the housing ([0033]: Examples of auxiliary function units used to operably connect to and control auxiliary functions of a medical device, include, but are not limited to irrigation units; [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur) configured to move coolant through a conduit (transmission lines, Fig. 14) to the ablation probe (probes 5, Fig. 14).
But Ettinger fails to explicitly disclose a microwave ablation apparatus and the at least one microwave generator configured to deliver a microwave signal to an ablation probe.
However, Brannan discloses a microwave ablation apparatus and the at least one microwave generator configured to deliver a microwave signal to an ablation probe ([0039]: the microwave signal generated by the generator 220 … The hardware controller 226 controls the microwave amplifier 225 to convert the DC power to a microwave signal, which is transmitted to the microwave probe 218). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the ablation apparatus of Ettinger to be configured to deliver a microwave signal to the probe, as taught by Brannan, for the purpose of the microwave signal enabling the ablation to be a predictable spherical ablation zone (Brannan: [0001]).
Regarding claim 20, Ettinger discloses wherein the at least one microwave generator comprises a first microwave generator and a second microwave generator ([0032]: As used herein, the terms “surgical” or “surgery” as used to describe various procedures and instruments may refer to a variety of procedures used for manipulation of body parts (e.g., suturing, ablating, cutting grasping, fulgurating, cauterizing, stapling, etc.), but can also include imaging, sensing, diagnostic, therapeutic, and other similar procedures; [0072]: an ESU 1404 having four energy connector interfaces 1410, and an endoscopic imaging function unit 1405 having two endoscope connector interfaces 1413), and the at least one coolant flow generator comprises a first coolant flow generator and a second coolant flow generator ([0033]: Examples of auxiliary function units used to operably connect to and control auxiliary functions of a medical device, include, but are not limited to irrigation units; [0077]: the auxiliary function units 1402, 1404, 1405 can be accessible from a rear of the cart 1450 (i.e., the side opposite the face shown in FIGS. 14 and 15) through a door so that maintenance and/or removal and replacement of the units 1402, 1404, 1405 can readily occur; wherein this is seen as two of the auxiliary function units being ESUs).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Ettinger in view of Brannan as applied to claim 15 above, and further in view of Henderson.
Regarding claim 16, Ettinger in view of Brannan fails to disclose wherein the microwave generator port and the coolant port each include a colored light configured to identify the microwave connector and the coolant cartridge.
However, Henderson discloses wherein the microwave generator port and the coolant port each include a colored light configured to identify the microwave connector and the coolant cartridge ([0290]: energy module 2004 can include light assemblies 2015 disposed about each of the ports of the port assembly 2012 … For example, the light assemblies 2015 can change from a first color to a second color when a plug is fully seated within the respective port). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the ports of Ettinger in view of Brannan to include colored lights, as taught by Henderson, for the purpose of relaying information to user regarding the port according to their color or state (Henderson: [0290]). Wherein in this combination, Brannan teaches the function of the ports and Henderson is relied upon to teach that color coded lights are known in the art.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Ettinger in view of Brannan as applied to claim 15 above, and further in view of Condie et al. (U.S. Pub. No. 20210212763, cited in IDS), herein referred to as “Condie”.
Regarding claim 18, Ettinger in view of Brannan fails to disclose wherein the coolant port includes a peristaltic pump configured to move coolant through the flexible conduit to the probe.
However, Condie discloses wherein the coolant port includes a peristaltic pump configured to move coolant through the flexible conduit to the probe ([0076]: each of pumps 148a, 148b, 148c comprises a peristaltic pump; see connection of coolant source to the ablation device via the pumps in Figs. 1A-1B). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the pump of Ettinger in view of Brannan to be a peristaltic pump, as taught by Condie, for the purpose of the pump enabling adjustment of the flow rate of coolant through the ablation device by controlling the speed of the motor (Condie: [0076]).
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 Abigail M Ziegler whose telephone number is (571)272-1991. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m. EST.
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/ABIGAIL M ZIEGLER/Examiner, Art Unit 3794
/BEVERLY M FLANAGAN/Primary Examiner, Art Unit 3794
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