Prosecution Insights
Last updated: April 19, 2026
Application No. 18/495,222

TESTING ELECTROSURGICAL GENERATORS

Non-Final OA §112
Filed
Oct 26, 2023
Examiner
GOOD, SAMANTHA M
Art Unit
3794
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Cilag GmbH International
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
5y 1m
To Grant
79%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
316 granted / 465 resolved
-2.0% vs TC avg
Moderate +11% lift
Without
With
+10.9%
Interview Lift
resolved cases with interview
Typical timeline
5y 1m
Avg Prosecution
33 currently pending
Career history
498
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
38.6%
-1.4% vs TC avg
§102
23.3%
-16.7% vs TC avg
§112
23.9%
-16.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 465 resolved cases

Office Action

§112
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 without traverse of Species A in the reply filed on November 19, 2025 is acknowledged. Claim Objections Claim 19 is objected to because of the following informalities: Claim 19 recites “a state” in line 10, which should read “the state” in order to provide proper antecedence. Appropriate correction is required. 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 1-19 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. Claim 1 recites the limitation "each of a plurality of target tissue loads” in line 15, which lacks antecedent basis in light of the recitation of “a simulated tissue load” in line 2 of the claim. It is not clear if or how these recited tissue loads are connected. It seems that the limitation in line 15 is connected to the state of each of the first plurality of relays, however this is not recited in the claim language. Claim 11 recites the limitation "each of a plurality of target tissue loads" in line 10, which lacks antecedent basis in light of the recitation of “a simulated tissue load” in lines 2-3 of the claim. It is not clear if or how these recited tissue loads are connected. It seems that the limitation in line 10 is connected to the state of each of the first plurality of relays, however this is not recited in the claim language. Claim 19 recites the limitation "each of a plurality of target tissue loads" in line 5, which lacks antecedent basis in light of the recitation of “a simulated tissue load” in line 3 of the claim. It is not clear if or how these recited tissue loads are connected. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. Patent 9,192,425 and U.S. Patent 5,540,722. 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. 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, Linda Dvorak can be reached at 571-272-4764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SAMANTHA M GOOD/Examiner, Art Unit 3794 /MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
Read full office action

Prosecution Timeline

Oct 26, 2023
Application Filed
Nov 27, 2023
Response after Non-Final Action
Jan 08, 2026
Non-Final Rejection — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
79%
With Interview (+10.9%)
5y 1m
Median Time to Grant
Low
PTA Risk
Based on 465 resolved cases by this examiner. Grant probability derived from career allow rate.

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