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 04/17/2024 is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “impedance measurement unit” in claims 1, 6, 7, 9, “voltage-current measuring unit” in claim 5, and 13, and “result acquisition unit” in claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The specification describes “The term "unit" used herein with respect to various features may be implemented in software and/or hardware, wherein, according to embodiments, a single "unit" may be implemented as one physical or logical component, or multiple "unit" may be implemented as one physical or logical component, or one "unit" may be implemented as multiple physical or logical components. When any part is described as being connected to another part throughout the specification, this may indicate that the parts are physically and/or electrically connected to each other. Furthermore, when one part is said to include another part, it does not necessarily exclude any other part besides the other part unless expressly stated otherwise, and it may include additional parts depending on the designer's choice” in Paragraph [32]. The examiner interprets the impedance measurement unit as mentioned in claims 1, 6, 7, 9, the voltage-current measuring unit as mentioned in claim 5 and 13, and the result acquisition unit as mentioned in claim 7 are interpreted as requiring software and hardware to perform the functions as mentioned in the claims.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 4, 9, 11, and 12 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Oyama et al. (JP 2005000224 A) herein referred to as “Oyama” (see attached Google translated version).
Regarding claim 1, Oyama discloses an electrosurgical device (electrosurgical instrument, Abstract, see attached), the device comprising: an instrument for surgery on a target tissue (high-frequency ablation device 1, Paragraph [0014], Figure 1, see attached); a processor configured to control energy supply to the instrument (high-frequency ablation power supply 2, Figure 1, Paragraph [0014], see attached); and an impedance measurement unit configured to measure an impedance of the target tissue (control circuit 17 of power supply device 2 determines the coagulation state of the living tissue 18 based on impedance data, Paragraph [0017], Figures 1 and 2, see attached), wherein the processor is further configured to stop the energy supply to the instrument during a stop period when the impedance measured by the impedance measurement unit exceeds a first reference value (in the next step S5, it is determined whether or not the impedance Z of the living tissue 18 calculated in step S4 is larger than a predetermined value (first threshold value) 200Ω, and from this first threshold value 200Ω. If it is larger, the process proceeds to step S7, and the output is temporarily stopped., Paragraph [0028], see attached), resume the energy supply to the instrument after the stop period has elapsed (If the, first time has not elapsed, the process returns to step S4 to repeat the same operation. After stopping the output in step S7, it is determined in step 8 whether or not a predetermined second time (0.3 seconds) has elapsed, and waits until the second time elapses, Paragraph [0030], if the number of outputs N has not reached the predetermined value in the determination in step S9, the process proceeds to the determination process in step S10, and the size of this output step is determined according to the contents stored in the ROM 17c, that is, the table of FIG. Then, returning to step S2, the same operation is repeated, Paragraph [0031], see attached), and determine a coagulation state based on the impedance of the target tissue measured after the resumption of the energy supply by the impedance measurement unit (Then, in the next step S5, it is determined whether or not the impedance Z of the living tissue 18 calculated in step S4 is larger than a predetermined value (first threshold value) 200Ω, and from this first threshold value 200Ω, Paragraph [0028], see attached).
Regarding claim 3, Oyama discloses the electrosurgical device of claim 1, wherein the processor is further configured to determine a moisture amount of surrounding tissues of the target tissue by using the impedance of the target tissue measured by the impedance measurement unit after the energy supply is resumed (As shown in FIG. 7, when high-frequency power is continuously applied to the living tissue, the tissue temperature gradually rises as the tissue is denatured and dried. On the other hand, the tissue impedance once decreases and then rapidly increases as the tissue is dried, Figure 7, Paragraph [0004], see attached), and determine a coagulation state based on the moisture amount (Then, the control circuit 17 determines the coagulation state of the living tissue 18 based on the obtained current and voltage data, impedance, biological information such as the temperature of the living tissue, the number of repetitions of the high-frequency current described later, and the like, Paragraph [0017], see attached).
Regarding claim 4, Oyama discloses the electrosurgical device of claim 1, wherein the processor is configured to block the energy supply to the instrument when a total surgical time exceeds a reference time (it is determined whether or not a predetermined first time (for example, 1 second) has elapsed in step S6. If the first time has elapsed, the process proceeds to step S7, and the output is temporarily stopped, Paragraph [0029], see attached).
Regarding claim 9, Oyama discloses an electrosurgical method, the method comprising: supplying energy to an instrument for surgery of a target tissue (high-frequency ablation device 1, Paragraph [0014], Figure 1, see attached, In this case, the control circuit 17 sets the output value of the high frequency power in the initial state, Paragraph [0026], Figure 3); measuring an impedance of the target tissue (in the next step S5, it is determined whether or not the impedance Z of the living tissue 18 calculated in step S4 is larger than a predetermined value (first threshold value) 200Ω, and from this first threshold value 200Ω. If it is larger, the process proceeds to step S7, and the output is temporarily stopped, Paragraph [0028], see attached, Figure 3); stopping the energy supply to the instrument during a stopping period when the impedance measured by the impedance measuring unit exceeds a first reference value (in the next step S5, it is determined whether or not the impedance Z of the living tissue 18 calculated in step S4 is larger than a predetermined value (first threshold value) 200Ω, and from this first threshold value 200Ω. If it is larger, the process proceeds to step S7, and the output is temporarily stopped, Paragraph [0028], see attached, Figure 3); resuming the energy supply to the instrument after the stopping period has elapsed (If the first time has not elapsed, the process returns to step S4 to repeat the same operation. After stopping the output in step S7, it is determined in step 8 whether or not a predetermined second time (0.3 seconds) has elapsed, and waits until the second time elapses, Paragraph [0030], if the number of outputs N has not reached the predetermined value in the determination in step S9, the process proceeds to the determination process in step S10, and the size of this output step is determined according to the contents stored in the ROM 17c, that is, the table of FIG. Then, returning to step S2, the same operation is repeated, Paragraph [0031], see attached, Figure 3); and determining a coagulation state based on the impedance of the target tissue measured after resuming the energy supply (Then, in the next step S5, it is determined whether or not the impedance Z of the living tissue 18 calculated in step S4 is larger than a predetermined value (first threshold value) 200Ω, and from this first threshold value 200Ω, Paragraph [0028], see attached).
Regarding claim 11, Oyama discloses the electrosurgical method of claim 9.
Oyama further discloses wherein the determining a coagulation state based on the impedance of the target tissue measured after resuming the energy supply comprises: determining a moisture amount of surrounding tissue of the target tissue by using the impedance of the target tissue measured after the energy supply resumption; (As shown in FIG. 7, when high-frequency power is continuously applied to the living tissue, the tissue temperature gradually rises as the tissue is denatured and dried. On the other hand, the tissue impedance once decreases and then rapidly increases as the tissue is dried, Figure 7, Paragraph [0004], see attached), and determining the coagulation state based on the moisture amount around the target tissue(Then, the control circuit 17 determines the coagulation state of the living tissue 18 based on the obtained current and voltage data, impedance, biological information such as the temperature of the living tissue, the number of repetitions of the high-frequency current described later, and the like, Paragraph [0017], see attached).
Regarding claim 12, Oyama discloses the electrosurgical method of claim 9.
Oyama further discloses wherein the electrosurgical device further comprising: blocking the energy supply to the instrument when total surgical time exceeds a reference time (it is determined whether or not a predetermined first time (for example, 1 second) has elapsed in step S6. If the first time has elapsed, the process proceeds to step S7, and the output is temporarily stopped, Paragraph [0029], see attached).
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.
Claim(s) 2 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oyama in view of Sartor et al. (US 20150094708 A1) herein referred to as “Sartor”.
Regarding claim 2, Oyama discloses the electrosurgical device of claim 1.
However Oyama does not explicitly disclose wherein the processor is configured to control the energy supply to the instrument using at least one lookup table.
Sartor discloses an electrosurgical device (Abstract) wherein the processor is configured to control the energy supply to the instrument using at least one lookup table (Generator 5 includes one or more processors 8 that are in operative communication with controller 7 and configured to transmit electrosurgical energy, which may be in the form of a wave or signal/pulse, via cable 6 to instrument 10. Controller 7 and/or processor 8 may include one or more control algorithms that regulate the delivery of electrosurgical energy to tissue in accordance with an impedance of an electrode-tissue interface. One or more data lookup tables accessible by controller 7 and/or processor 8 may utilized to store relevant information relating to impedance and/or energy delivery. This information relating to impedance and/or pressure may be acquired empirically and/or calculated utilizing one or more suitable equation, Paragraph [0040]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Oyama to incorporate
the teachings of Sarot by including wherein the processor is configured to control the energy supply to the instrument using at least one lookup table. The motivation to do so being to control or regulate the delivery of electrosurgical energy and store relevant information relating to impedance or energy delivery (Sartor, Paragraph [0040]).
Regarding claim 10, Oyama discloses the electrosurgical method of claim 9.
However Oyama does not explicitly disclose wherein the supplying energy to an instrument for surgery of a target tissue comprises: supplying energy to the instrument for the surgery of the target tissue based on a control using at least one lookup table.
Sartor discloses an electrosurgical device (Abstract) wherein the supplying energy to an instrument for surgery of a target tissue comprises: supplying energy to the instrument for the surgery of the target tissue based on a control using at least one lookup table (Generator 5 includes one or more processors 8 that are in operative communication with controller 7 and configured to transmit electrosurgical energy, which may be in the form of a wave or signal/pulse, via cable 6 to instrument 10. Controller 7 and/or processor 8 may include one or more control algorithms that regulate the delivery of electrosurgical energy to tissue in accordance with an impedance of an electrode-tissue interface. One or more data lookup tables accessible by controller 7 and/or processor 8 may utilized to store relevant information relating to impedance and/or energy delivery. This information relating to impedance and/or pressure may be acquired empirically and/or calculated utilizing one or more suitable equation, Paragraph [0040]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Oyama to incorporate
the teachings of Sartor by including wherein the supplying energy to an instrument for surgery of a target tissue comprises: supplying energy to the instrument for the surgery of the target tissue based on a control using at least one lookup table. The motivation to do so being to control or regulate the delivery of electrosurgical energy and store relevant information relating to impedance or energy delivery (Sartor, Paragraph [0040]).
Claim(s) 5, 6, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oyama in view of Rambaud et al. (US 10476464 B2) herein referred to as “Rambaud”.
Regarding claim 5, Oyama discloses the electrosurgical device of claim 1.
However Oyama does not explicitly disclose wherein the electrosurgical device further comprises a voltage-current measuring unit; wherein the voltage-current measuring unit comprises: a capacitor; an isolation transformer connected to the capacitor and configured to output a first voltage signal corresponding to a voltage; a PCB Rogowski coil installed adjacent to a conducting wire to which the capacitor is connected; and an active integrator connected to the PCB Rogowski coil and configured to correct a phase of the active integrator to output a second voltage signal corresponding to a current.
Rambaud discloses wherein the device comprises a voltage-current measuring unit (secondary winding 231 operates as a current sensor, Col. 8, lines 6-10); wherein the voltage-current measuring unit comprises: a capacitor (capacitors 211, Figure 3); an isolation transformer connected to the capacitor and configured to output a first voltage signal corresponding to a voltage (transformer 23, Figure 3); a PCB Rogowski coil installed adjacent to a conducting wire to which the capacitor is connected (secondary winding 231 can be a Rogowski coil, Figure 3, Col. 8, lines 30-43); and an active integrator connected to the PCB Rogowski coil and configured to correct a phase of the active integrator to output a second voltage signal corresponding to a current (compensator 241 has an integrator function so that an intermediate signal which is outputted by this compensator is proportional to the common mode current, For example , the secondary winding 231 of the first transformer 23 may be connected in closed loop with a load resistor 240, and both inputs of the compensator 241 are connected to both terminals of the load resistor 240. The compensator 241 may comprise at least one among a proportional - integral and / or proportional - integral - derivative compensator stage. For example the compensator 241 outputs a control voltage denoted V0, as the intermediate signal. This control voltage Vo is then transmitted to the current buffer 242, Col. 9, lines 5-17).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Oyama to incorporate
the teachings of Rambaud by including wherein the electrosurgical device further comprises a voltage-current measuring unit; wherein the voltage-current measuring unit comprises: a capacitor; an isolation transformer connected to the capacitor and configured to output a first voltage signal corresponding to a voltage; a PCB Rogowski coil installed adjacent to a conducting wire to which the capacitor is connected; and an active integrator connected to the PCB Rogowski coil and configured to correct a phase of the active integrator to output a second voltage signal corresponding to a current. The motivation to do so being to detect common mode current (Rambaud, Col. 5, lines 27-31).
Regarding claim 6, Oyama in view of Rambaud discloses the electrosurgical device of claim 5.
Oyama in view of Rambaud further discloses wherein comprises an impedance measurement unit (control circuit 17, Figure 2, see attached); wherein the impedance measurement unit configured to receive the first voltage signal and the second voltage signal, to obtain impedance based on the first voltage signal and the second voltage signal, and to transmit the impedance to the processor (the control circuit 17 takes in the signals of the current sensor 15a and the voltage sensor 15b via the A / D converter 16, and calculates the impedance Z of the living tissue 18, Paragraph [0027], see attached).
Regarding claim 13, Oyama discloses the electrosurgical method of claim 9.
However Oyama does not explicitly disclose wherein the measuring an impedance of the target tissue comprises: measuring a voltage and a current, wherein the voltage and the current are measured by using a voltage-current measuring unit, wherein the voltage-current measuring unit comprises: a capacitor; an isolation transformer connected to the capacitor and outputting a first voltage signal corresponding to the voltage; a PCB Rogowski coil installed adjacent to a conducting wire to which the capacitor is connected; and an active integrator connected to the PCB Rogowski coil and correcting a phase to output a second voltage signal corresponding to the current.
Rambaud discloses wherein the measuring an impedance of the target tissue comprises: measuring a voltage and a current, wherein the voltage and the current are measured by using a voltage-current measuring unit (secondary winding 231 operates as a current sensor, Col. 8, lines 6-10); wherein the voltage-current measuring unit comprises: a capacitor (capacitors 211, Figure 3); an isolation transformer connected to the capacitor and configured to output a first voltage signal corresponding to a voltage (transformer 23, Figure 3); a PCB Rogowski coil installed adjacent to a conducting wire to which the capacitor is connected (secondary winding 231 can be a Rogowski coil, Figure 3, Col. 8, lines 30-43); and an active integrator connected to the PCB Rogowski coil and configured to correct a phase of the active integrator to output a second voltage signal corresponding to a current (compensator 241 has an integrator function so that an intermediate signal which is outputted by this compensator is proportional to the common mode current, For example , the secondary winding 231 of the first transformer 23 may be connected in closed loop with a load resistor 240, and both inputs of the compensator 241 are connected to both terminals of the load resistor 240. The compensator 241 may comprise at least one among a proportional - integral and / or proportional - integral - derivative compensator stage. For example the compensator 241 outputs a control voltage denoted V0, as the intermediate signal. This control voltage Vo is then transmitted to the current buffer 242, Col. 9, lines 5-17).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Oyama to incorporate
the teachings of Rambaud by including wherein the measuring an impedance of the target tissue comprises: measuring a voltage and a current, wherein the voltage and the current are measured by using a voltage-current measuring unit, wherein the voltage-current measuring unit comprises: a capacitor; an isolation transformer connected to the capacitor and outputting a first voltage signal corresponding to the voltage; a PCB Rogowski coil installed adjacent to a conducting wire to which the capacitor is connected; and an active integrator connected to the PCB Rogowski coil and correcting a phase to output a second voltage signal corresponding to the current. The motivation to do so being to detect common mode current (Rambaud, Col. 5, lines 27-31).
Regarding claim 14, Oyama in view of Rambaud discloses the electrosurgical method of claim 13.
Oyama in view of Rambaud further discloses wherein the measuring an impedance of the target tissue further comprises: obtaining an impedance based on the first voltage signal and the second voltage signal (the control circuit 17 takes in the signals of the current sensor 15a and the voltage sensor 15b via the A / D converter 16, and calculates the impedance Z of the living tissue 18, Paragraph [0027], see attached).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oyama in view of Rambaud further in view of Heckel et al. (US 20150282863 A1) herein referred to as “Heckel” further in view of Gilbert et al. (US 20140167740 A1) herein referred to as “Gilbert”.
Regarding claim 7, Oyama in view of Rambaud discloses the electrosurgical device of claim 6.
However Oyama in view of Rambaud does not explicitly disclose wherein the impedance measurement unit comprises: a first active low-pass filter configured to remove a harmonic component of the first voltage signal; a first multiplication processor configured to perform a multiplication process on an output of the first active low-pass filter; a first passive low-pass filter configured to obtain a direct current component corresponding to a voltage from a result of the first multiplication processor; a second active low-pass filter configured to remove a harmonic component of the second voltage signal; a second multiplication processor configured to perform a multiplication process on an output of the second active low-pass filter; a second passive low-pass filter configured to obtain a direct current component corresponding to a current from a result of the second multiplication processor; a third multiplication processor configured to perform a multiplication process on an output of the first active low-pass filter and the second active low-pass filter; a third passive low-pass filter configured to obtain a direct current component corresponding to a phase from a result of the third multiplication processor; and a result acquisition unit configured to determine a voltage, a current, and a phase based on a direct current component corresponding to the voltage, a direct current component corresponding to the current, and a direct current component corresponding to the phase, and to determine an impedance based on the voltage, the current, and the phase.
Heckel discloses an electrosurgical generator and associated methods detetmine a real part of the impedance of treated tissue (Abstract), wherein the impedance measurement unit comprises: a first active low-pass filter configured to remove a harmonic component of the first voltage signal (averaging filter 440a, Paragraph [0063], Figure 4, That averaging filters 440 a-440 c may be implemented using three identical low pass filters, Paragraph [0065]); a first multiplication processor configured to perform a multiplication process on an output of the first active low-pass filter (multiplier 430a, Paragraph [0063], Figure 4); a second active low-pass filter configured to remove a harmonic component of the second voltage signal (averaging filter 440c, Paragraph [0063], Figure 4, That averaging filters 440 a-440 c may be implemented using three identical low pass filters, Paragraph [0065]); a second multiplication processor configured to perform a multiplication process on an output of the second active low-pass filter (multiplier 430c, Paragraph [0063], Figure 4); a third multiplication processor configured to perform a multiplication process on an output of the first active low-pass filter and the second active low-pass filter (multiplier 430b, Paragraph [0063], Figure 4); a third passive low-pass filter configured to obtain a direct current component corresponding to a phase from a result of the third multiplication processor (averaging filter 440b, Figure 4, Paragraph [0063], That averaging filters 440 a-440 c may be implemented using three identical low pass filters, Paragraph [0065]); and a result acquisition unit configured to determine a voltage, a current, and a phase based on a direct current component corresponding to the voltage, a direct current component corresponding to the current, and a direct current component corresponding to the phase, and to determine an impedance based on the voltage, the current, and the phase (The calculator 550 d (result acquisition unit) divides the average power value (comprises the voltage, current, and phase) output from the averaging filter 440 b by the average current value output from the averaging filter 440 c to calculate the real part of the impedance 560 d (ZRE)., Paragraph [0066]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Oyama in view of Rambaud to incorporate the teachings of Heckel by including wherein the impedance measurement unit comprises: a first active low-pass filter configured to remove a harmonic component of the first voltage signal; a first multiplication processor configured to perform a multiplication process on an output of the first active low-pass filter; a second active low-pass filter configured to remove a harmonic component of the second voltage signal; a second multiplication processor configured to perform a multiplication process on an output of the second active low-pass filter; a third multiplication processor configured to perform a multiplication process on an output of the first active low-pass filter and the second active low-pass filter; a third passive low-pass filter configured to obtain a direct current component corresponding to a phase from a result of the third multiplication processor; and a result acquisition unit configured to determine a voltage, a current, and a phase based on a direct current component corresponding to the voltage, a direct current component corresponding to the current, and a direct current component corresponding to the phase, and to determine an impedance based on the voltage, the current, and the phase. The motivation to do so being to calculate a real part of the impedance (Heckel, Paragraph [0066]).
However Heckel does not explicitly disclose a first passive low-pass filter configured to obtain a direct current component corresponding to a voltage from a result of the first multiplication processor; nor a second passive low-pass filter configured to obtain a direct current component corresponding to a current from a result of the second multiplication processor.
Gilbert discloses a first passive low-pass filter configured to obtain a direct current component corresponding to a voltage from a result of the first multiplication processor (The bandpass filter 310 removes higher and lower frequency components of the voltage signal which is then transmitted to an integrator 312, Figure 4, Paragraph [0076]); and a second passive low-pass filter configured to obtain a direct current component corresponding to a current from a result of the second multiplication processor (The bandpass filter 610 removes higher and lower frequency components of the voltage signal which is then transmitted to an integrator 612, Paragraph [0102], Figure 17).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Oyama in view of Rambaud and Heckel to incorporate the teachings of Gilbert by including wherein a first passive low-pass filter configured to obtain a direct current component corresponding to a voltage from a result of the first multiplication processor; nor a second passive low-pass filter configured to obtain a direct current component corresponding to a current from a result of the second multiplication processor. The motivation to do so being to remove the higher and lower frequency components of the voltage signal (Gilbert, Paragraphs [0076] and [0102]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oyama in view of Rambaud further in view of Heckel et al. (US 20150282863 A1) herein referred to as “Heckel”.
Regarding claim 15, Oyama in view of Rambaud discloses the electrosurgical method of claim 14.
However Oyama in view of Rambaud does not explicitly disclose wherein the obtaining an impedance based on the first voltage signal and the second voltage signal comprises: removing a harmonic component from each of the first voltage signal and the second voltage signal; performing multiplication on each of the first voltage signal from which the harmonic component is removed and the second voltage signal from which the harmonic component is removed; obtaining a direct current component corresponding to a voltage and a direct current component corresponding to a current from each multiplication result; performing multiplication by using both the first voltage signal from which the harmonic component is removed and the second voltage signal from which the harmonic component is removed; obtaining a direct current component corresponding to a phase from a multiplication result using both the first voltage signal from which the harmonic component is removed and the second voltage signal from which the harmonic component is removed; determining a voltage, a current, and a phase based on the direct current component corresponding to the voltage, the direct current component corresponding to the current, and the direct current component corresponding to the phase; and determining the impedance based on the voltage, the current, and the phase.
Heckel discloses wherein the obtaining an impedance based on the first voltage signal and the second voltage signal comprises (Abstract), removing a harmonic component from each of the first voltage signal and the second voltage signal (averaging filter 440a, Paragraph [0063], Figure 4, That averaging filters 440 a-440 c may be implemented using three identical low pass filters, Paragraph [0065], (averaging filter 440c, Paragraph [0063], Figure 4, That averaging filters 440 a-440 c may be implemented using three identical low pass filters, Paragraph [0065])); performing multiplication on each of the first voltage signal from which the harmonic component is removed and the second voltage signal from which the harmonic component is removed (multiplier 430a, Paragraph [0063], Figure 4, (multiplier 430c, Paragraph [0063], Figure 4)); obtaining a direct current component corresponding to a voltage and a direct current component corresponding to a current from each multiplication result; performing multiplication by using both the first voltage signal from which the harmonic component is removed and the second voltage signal from which the harmonic component is removed (multiplier 430b, Paragraph [0063], Figure 4); obtaining a direct current component corresponding to a phase from a multiplication result using both the first voltage signal from which the harmonic component is removed and the second voltage signal from which the harmonic component is removed (averaging filter 440b, Figure 4, Paragraph [0063], That averaging filters 440 a-440 c may be implemented using three identical low pass filters, Paragraph [0065]), determining a voltage, a current, and a phase based on the direct current component corresponding to the voltage, the direct current component corresponding to the current, and the direct current component corresponding to the phase; and determining the impedance based on the voltage, the current, and the phase (The calculator 550 d (result acquisition unit) divides the average power value (comprises the voltage, current, and phase) output from the averaging filter 440 b by the average current value output from the averaging filter 440 c to calculate the real part of the impedance 560 d (ZRE)., Paragraph [0066]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Oyama in view of Rambaud to incorporate the teachings of Heckel by including wherein the obtaining an impedance based on the first voltage signal and the second voltage signal comprises: removing a harmonic component from each of the first voltage signal and the second voltage signal; performing multiplication on each of the first voltage signal from which the harmonic component is removed and the second voltage signal from which the harmonic component is removed; obtaining a direct current component corresponding to a voltage and a direct current component corresponding to a current from each multiplication result; performing multiplication by using both the first voltage signal from which the harmonic component is removed and the second voltage signal from which the harmonic component is removed; obtaining a direct current component corresponding to a phase from a multiplication result using both the first voltage signal from which the harmonic component is removed and the second voltage signal from which the harmonic component is removed; determining a voltage, a current, and a phase based on the direct current component corresponding to the voltage, the direct current component corresponding to the current, and the direct current component corresponding to the phase; and determining the impedance based on the voltage, the current, and the phase.. The motivation to do so being to calculate a real part of the impedance (Heckel, Paragraph [0066]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F.
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/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794