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 .
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 Objections
Claims 1, 19, and 25 are objected to because of the following informalities:
In claim 1, line 16: “supplying” should apparently read --the supplying--.
In claim 19, line 14: “supplying” should apparently read --the supplying--.
In claim 25, line 17: “supplying” should apparently read --the supplying--.
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 3, 4, 9, 12-18, and 26 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 3 recites the limitation "the target temperature effective for performing an endoscopic vessel harvesting procedure" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim; only a target temperature has been previously recited. An amendment along the lines of --the target temperature, wherein the target temperature is effective for performing an endoscopic vessel harvesting procedure-- would obviate this rejection.
Claim 4 is rejected by virtue of its dependence upon claim 3. Claim 4 also recites the above limitation, which may need to be amended in kind.
Claim 9 recites the limitation "the target temperature range effective for performing an endoscopic vessel harvesting procedure" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim; only a target temperature range has been previously recited. An amendment along the lines of --the target temperature range, wherein the target temperature is effective for performing an endoscopic vessel harvesting procedure-- would obviate this rejection.
Claim 12 recites the limitation “power” in line 7. It is not clear if this is intended to be the same power recited in line 6 or to be separate power.
Claim 13 recites the limitation "the target temperature effective for performing an endoscopic vessel harvesting procedure" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim; only a target temperature has been previously recited. An amendment along the lines of --the target temperature, wherein the target temperature is effective for performing an endoscopic vessel harvesting procedure-- would obviate this rejection. It is noted that claim 14 also recites this limitation, which may need to be amended in kind.
Claim 18 recites the limitation "the target temperature range effective for performing an endoscopic vessel harvesting procedure" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim; only a target temperature range has been previously recited. An amendment along the lines of --the target temperature range, wherein the target temperature is effective for performing an endoscopic vessel harvesting procedure-- would obviate this rejection.
Claims 13-18 are rejected by virtue of their dependence upon at least one rejected base claim.
Claim 26 recites the limitations “a temperature” in line 8 and “a target temperature range” in line 9. It is not clear if this is intended to be the same temperature and target temperature range recited in claim 25 or to be a separate temperature and range.
Allowable Subject Matter
Claims 1, 2, 5-8, 10, 11, and 19-25 are allowed.
Claims 3, 4, 9, 12-18, and 26 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance and the indication of allowable subject matter: it is known in the prior art to supply a constant power to a heating element during a first time interval to heat the heating element to a target temperature and to supply a pulsed power during a second time interval to maintain a temperature within a target temperature range (as well as to stop supplying power after this); see, e.g., U.S. Pub. Nos. 2020/0170702 A1 and 2024/0058028 A1. However, none of the prior art of record teaches or reasonably suggests this as part of a DC power control system of an endoscopic vessel harvesting system/device (or method of using/making) comprising either first and second power control circuits or a circuit board, with the circuits or circuit board being connected to an input connection for receiving power from a power supply and an output connection to supply power to a heating element of a therapeutic tool.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791
