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 Group I, claims 25-42, in the reply filed on March 4th, 2026, is acknowledged. Claims 43-44 are withdrawn from further consideration.
Claim Objections
Claim 25 is objected to because of the following informalities: “a battery” (lines 13-14) should be –the battery—, as introduced in claim 25. 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 25-42 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 25 recites the limitation “a proximal cable extending from the plug to a battery module” (in line 15), as claim 25 introduces “a battery module” in line 10, it is unclear whether “a battery module”, of line 15, is the same as or different than the “a battery module”, of line 10, which renders the claim indefinite; for examination purposes the examiner is considering them to be the same. Dependent claims 26-42 are rejected by virtue of their dependency on independent claim 25.
Claim 28 recites the limitation “wherein the plurality of ES- energy conductors and the inner sheath can extend through the internal compartment of the casing”, the limitation “can extend” is unclear, as it is unclear if the ES-energy conductors and the inner sheath are required to extend through the internal compartment of the casing in the final product or if this is optional, which renders the claim indefinite; for examination purposes the examiner is considering the plurality of ES- energy conductors and the inner sheath to extend through the internal compartment of the casing. Claims 29-32 are rejected by virtue of their dependency on claim 28.
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 25-26, 39, & 41-42 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett et al. (US 20140066928 A1), hereinafter “Bennett”, in view of Williams et al. (US 7306559 B2), hereinafter “Williams”.
Regarding claim 25, Bennett discloses an electrosurgical tool ([0033]; Figure 1—element 1), comprising: a housing extending from a proximal end to a distal end ([0033]; Figure 1—element 3); an electrosurgical electrode extending from the distal end of the housing ([0033]; Figure 1—element 9), wherein the electrosurgical electrode is configured to use electrosurgical energy to at least one of cut or coagulate tissue ([0017]); and an electrical cable extending from the proximal end of the housing, wherein the electrical cable is configured to supply the electrosurgical energy from an electrosurgical generator ([0033]; Figures 1 & 3—elements 20, 21, & 22), wherein the electrical cable comprises: a plug configured to electrically couple to the electrosurgical generator ([0033]; Figures 1 & 3—element 27), a battery module comprising: (i) a casing defining an internal compartment that is configured to receive a battery ([0029], [0033], & [0035]; Figures 1 & 3—element 30; the examiner is considering the casing defining an internal compartment to be the battery pack 30 that contains battery 31), and (ii) a proximal cable extending from the plug to a battery module ([0033]; Figure 1—element 21), a distal cable extending from the battery module to the housing ([0033]; Figure 1—element 22), a plurality of electrosurgical energy (ES-energy) conductors extend an entire length of the electrical cable between the plug and the housing ([0009], [0020], [0022], & [0035]; Figure 3—element 25), and a plurality of direct current power (DC-power) conductors that extend from the battery to the housing ([0009], [0021], & [0035]; Figure 3—element 24).
Bennett does not disclose a battery printed circuit board (PCB) in the internal compartment of the casing, wherein the battery PCB comprises a first set of contacts that are configured to electrically couple a battery to the battery PCB, the plurality of direct current power (DC-power) conductors that extend from the battery PCB.
Williams teaches an electrosurgical tool comprising an electrosurgical electrode, an electrical cable, a battery module comprising a casing configured to receive a battery ([Col. 20, lines 35-41]; Figure 31—element 3148), a plurality of electrosurgical energy (ES-energy) conductors, a plurality of direct current power (DC-power) conductors; the battery module comprising a battery printed circuit board (PCB) in the internal compartment of the casing, wherein the battery PCB comprises a first set of contacts that are configured to electrically couple a battery to the battery PCB ([Col. 20, lines 35-41]; Figure 31—element 3150), the plurality of direct current power (DC-power) conductors that extend from the battery PCB ([Col. 20, lines 35-41]; Figure 31—elements 3142 & 3144).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the battery connection to the plurality of DC-power conductors, as disclosed by Bennett, to include a battery printed circuit board (PCB) in the internal compartment of the casing, wherein the battery PCB comprises a first set of contacts that are configured to electrically couple a battery to the battery PCB, the plurality of direct current power (DC-power) conductors that extend from the battery PCB, as taught by Williams, as both references and the claimed invention are directed toward electrosurgical devices comprising battery operated components. As disclosed by Bennett, the plurality of direct current power (DC-power) conductors transmit the electricity from the battery contacts to the powered element, such as a light ([0018] & [0035]). As disclosed by Williams, the plurality of direct current power (DC-power) conductors may be connected to a printed circuit board within the casing that acts as an interface between the light source and the battery ([Col. 20, lines 35-41]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the battery connection to the plurality of DC-power conductors, as disclosed by Bennett, to include a battery printed circuit board (PCB) in the internal compartment of the casing, wherein the battery PCB comprises a first set of contacts that are configured to electrically couple a battery to the battery PCB, the plurality of direct current power (DC-power) conductors that extend from the battery PCB, as taught by Williams, as such a modification would provide for a known and suitable electrically conductive structure that produces the predictable result of transmitting electricity between a light and a battery.
Regarding claim 26, Bennett in view of Williams disclose all of the limitations of claim 25, as described above.
Williams further teaches wherein the battery PCB comprises a plurality of second contacts that are configured to couple to the plurality of DC- power conductors ([Col. 20, lines 25-40]; Figure 31—elements 3150, 3142, & 3144).
Regarding claim 39, Bennett in view of Williams disclose all of the limitations of claim 25, as described above.
Bennett further teaches wherein the plurality of ES-energy conductors comprises three ES-energy conductors ([0033]), and wherein the plurality of DC-power conductors comprises two DC-power conductors ([0035]; Figure 3—elements 24).
Regarding claim 41, Bennett in view of Williams disclose all of the limitations of claim 25, as described above.
Bennett further teaches a DC powered device, wherein the DC powered device comprises at least one device selected from a group consisting of: a light source, an ultrasound transmitter, a camera, one or more haptic devices, and one or more fluid pumps ([0018] & [0020]; the powered element that receives the electrical energy from the one or more batteries can be a motor, a light, an LED, a camera; the examiner notes the rest are in the alternative).
Regarding claim 42, Bennett in view of Williams disclose all of the limitations of claim 25, as described above.
Bennett further teaches wherein the proximal cable has a first length, the distal cable has a second length, and the second length is greater than the first length ([0033]; Figures 1 & 2—elements 21 & 22; the length of the distal cable 21 is shown to be greater than the length of the proximal cable 22).
Claims 27-32 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett in view Williams and Fleenor (US 20150157390 A1), hereinafter “Fleenor”.
Regarding claims 27-32, Bennett in view of Williams disclose all of the limitations of claim 25, as described above.
Bennett further discloses wherein the electrical cable further comprises an inner sheath extending from the plug, wherein the plurality of ES-energy conductors continuously extend through the inner sheath ([0020] & [0033]; Figures 1 & 3—elements 20/22/25; the examiner is considering the inner sheath to be the segment 22 of the cable 20 that contains only electrosurgical lead wires 25) (claim 27); wherein the plurality of ES- energy conductors and the inner sheath can extend through the internal compartment of the casing ([0020], [0033], & [0035]; Figures 1 & 3—elements 20/22/25, & 30) (claim 28; as best understood in view of the 112(b) rejection above); wherein the electrical cable further comprises an outer sheath that extend from the casing of the battery module to the housing, wherein the plurality of DC-power conductors continuously extend through the outer sheath ([0020], [0033], & [0035]; Figures 1 & 3—elements 20/21/24/25; the examiner is considering the outer sheath to be the segment 21 of the cable 20 that includes both battery lead wires 24 and electrosurgical lead wires 25) (claim 29); wherein the plurality of ES-energy conductors also extend through the outer sheath ([0020], [0033], & [0035]; Figures 1 & 3—elements 20/21/25)(claim 30); wherein the proximal cable comprises the plurality of ES-energy conductors and the inner sheath ([0020] & [0033]; Figure 1—element 22) and wherein the distal cable comprises the plurality of ES-energy conductors, the plurality of DC-power conductors, and the outer sheath ([0020] & [0033]; Figure 1—element 21)(claim 32).
Bennett does not disclose the inner sheath extending from the plug to the housing (claim 27); wherein the inner sheath also extends through the outer sheath (claim 30); wherein a proximal end of the outer sheath comprises an opening through which the inner sheath, the plurality of ES- energy conductors, and the plurality of DC-power conductors enter the outer sheath, wherein the proximal end of the outer sheath is disposed in the internal compartment defined by the casing (claim 31); and wherein the distal cable comprises the inner sheath (claim 32).
Fleenor discloses an electrosurgical tool ([0036]; Figure 5—element 1) comprising: a housing ([0036]; Figure 5—element 10), a battery casing ([0054]; Figure 5—element 120), a plug ([0054]; Figure 5—element 110), and an electrical cable ([0054]; Figure 5—element 110) comprising an inner sheath, with a plurality of ES-energy conductors continuously extend through the inner sheath ([0049] & [0060]; Figure 7—element 90; with the inner sheath being the electrical cable 90 that contains ES-energy conductors), and an outer sheath that extends from the casing of the battery module to the housing, wherein a plurality of DC-power conductors and the ES-energy conductors continuously extend through the outer sheath ([0054] & [0059]; Figure 7—element 110; the plurality of DC-power conductors 100 and the ES-energy conductors (including inner sheath) 90 extend through sheath 110); the inner sheath extending from the plug to the housing ([0049] & [0060]; Figure 7—elements 10, 90, & 92) (claim 27); wherein the inner sheath also extends through the outer sheath ([0049], [0054], & [0060]; Figures 5 & 7—elements 90 & 110) (claim 30); wherein a proximal end of the outer sheath comprises an opening through which the inner sheath, the plurality of ES- energy conductors, and the plurality of DC-power conductors enter the outer sheath, wherein the proximal end of the outer sheath is disposed in the internal compartment defined by the casing ([0049], [0054], & [0060]; Figures 5 & 7—elements 90, 100, & 110; the opening being the proximal opening of lumen of outer sheath 110) (claim 31); and wherein the distal cable comprises the inner sheath ([0049], [0054], & [0060]; Figures 5 & 7—element 90) (claim 32).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the electrical cable, as disclosed by Bennett, to include the electrical cable comprising the inner sheath extending from the plug to the housing, and the outer sheath extending from the casing to the housing wherein the plurality of DC-power conductors, ES-energy conductors, and the inner sheath extend through the outer sheath, as taught by Fleenor, as both references and the claimed invention are directed toward electrosurgical tools comprising electrosurgical generators for delivering energy to electrodes and battery modules for powering DC components of the electrosurgical tool. As disclosed by Bennet, the proximal electrical cable comprises ES-energy conductors only that extend through the battery casing from the plug to the housing, and the distal electrical cable comprising both of the DC-power conductors and the ES-energy conductors that extend from the battery casing to the housing ([0020]). As disclosed by Fleenor, the proximal electrical cable comprises ES-energy conductors in a first cable/sheath that extend from the plug to the housing, and the distal electrical cable comprising both of the DC-power conductors and the ES-energy conductors that extend from the battery casing to the housing, the distal electrical cable may comprise an outer insulative sheath that holds the first cable/sheath with the ES-energy conductors and the DC-power conductors ([0049], [0054], [0060]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrical cable, as disclosed by Bennett, to include the electrical cable comprising the inner sheath extending from the plug to the housing, and the outer sheath extending from the casing to the housing wherein the plurality of DC-power conductors, ES-energy conductors, and the inner sheath extend through the outer sheath, as taught by Fleenor, as such a modification would provide for a known and suitable routing of ES-energy conductors and DC-power conductors from the plug and battery casing to the housing of the electrosurgical tool and further would provide for additional insulation between the conductors.
Claims 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett in view of Williams and Fasano et al. (US 20150141914 A1), hereinafter “Fasano”.
Regarding claims 33-34, Bennett in view of Williams disclose all of the limitations of claim 25, as described above.
Bennett further discloses wherein the casing comprises a first section and a second section that are coupled to each other, and wherein the first section and the second section are configured to move between an open state that provides access to the internal compartment of the casing and a closed state that inhibits access to the internal compartment of the casing ([0029]; the battery pack comprises a base and a cover (the examiner is considering the base to be the first section and the cover to be the second section) (claim 33).
Bennett does not disclose wherein the first section and the second section are hingedly coupled to each other (claim 33); wherein the first section comprises a first recess at the proximal end of the casing and the second section comprises a second recess at the proximal end of the casing, wherein, when the casing is in the closed state, the first recess and the second recess define a first aperture through the proximal end of the casing and are configured to apply a clamping force to the proximal cable, wherein the second section comprises a third recess at the distal end of the casing and the second section comprises a fourth recess at the distal end of the casing, and wherein, when the casing is in the closed state, the third recess and the fourth recess define a second aperture through the distal end of the casing and are configured to apply a clamping force to the distal cable (claim 34).
Fasano teaches a casing ([0036]; Figures 1A & 1B—element 1) comprising a first section and a second section that are coupled to each other ([0036]; Figures 1A & 1B—elements 2A & 2B) and configured to receive a cable ([0051]; Figure 1A—element 100), wherein the first section and the second section are hingedly coupled to each other ([0039] & [0040]; Figures 1A & 1B—element 2C) (claim 33); wherein the first section comprises a first recess at the proximal end of the casing ([0056]; Figure 1A—element 3A) and the second section comprises a second recess at the proximal end of the casing ([0056]; Figure 1A—element 3B), wherein, when the casing is in the closed state, the first recess and the second recess define a first aperture through the proximal end of the casing and are configured to apply a clamping force to the proximal cable ([0056]; Figure 1B—elements 3 & 100), wherein the second section comprises a third recess at the distal end of the casing ([0056]; Figure 1A—element 4A) and the second section comprises a fourth recess at the distal end of the casing ([0056]; Figure 1A—element 4B), and wherein, when the casing is in the closed state, the third recess and the fourth recess define a second aperture through the distal end of the casing and are configured to apply a clamping force to the distal cable ([0056]; Figure 1B—elements 4 & 100) (claim 34).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the connection of the first section and the second section and the connection to the cable, as disclosed by Bennett, to include wherein the first section and the second section are hingedly coupled to each other, wherein, when the casing is in the closed state, the first recess and the second recess define a first aperture through the proximal end of the casing and are configured to apply a clamping force to the proximal cable and wherein, when the casing is in the closed state, the third recess and the fourth recess define a second aperture through the distal end of the casing and are configured to apply a clamping force to the distal cable, as taught by Fasano, as both references and the claimed invention are directed toward surgical devices comprising casings that are configured open and close and configured to receive cables. As disclosed by Bennett, the casing is configured to receive a cable and comprises a first section and a second section that are coupled to each other and are configured to move between an open state that provides access to the internal compartment of the casing and a closed state that inhibits access to the internal compartment of the casing ([0029]). As disclosed by Fasano, the casing is configured to receive a cable and comprises a first section and a second section that are coupled to each other and are configured to move between an open state that provides access to the internal compartment of the casing and a closed state that inhibits access to the internal compartment of the casing, the first section and the second section may be coupled to one another via a hinge system and the first and second sections may each comprise two semi-circular recesses that are configured to define an opening in the closed state to trap the cable therebetween, the configuration of the casing allows for the cable to be coupled and decoupled from the casing easily and immediately ([0020], [0036], [0040], & [0056]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the connection of the first section and the second section and the connection to the cable, as disclosed by Bennett, to include wherein the first section and the second section are hingedly coupled to each other, wherein, when the casing is in the closed state, the first recess and the second recess define a first aperture through the proximal end of the casing and are configured to apply a clamping force to the proximal cable and wherein, when the casing is in the closed state, the third recess and the fourth recess define a second aperture through the distal end of the casing and are configured to apply a clamping force to the distal cable, as taught by Fasano, as such a modification would provide for a known and suitable casing configuration for a surgical device that allows for the cable to be easily and immediately coupled and decoupled from the casing.
Claims 35-38, & 40 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett in view of Williams, Fasano, and Zamba et al. (US 4443935 A), hereinafter “Zamba”.
Regarding claims 35-38, Bennett in view of Williams and Fasano disclose all of the limitations of claim 34, as described above.
Bennett further discloses wherein the battery module further comprises a first strain relief structure at a position adjacent to the first aperture at the proximal end of the casing, and a second strain relief structure at a position adjacent to the second aperture at the distal end of the casing ([0033], & [0035]; Figure 3—elements 20 & 30; the examiner is considering the first and second strain relief structures to be the proximal and distal tapering portions of the battery module 30 that are coupled to the exterior surface of the cable 20 (as shown in Figure 3)) (claim 35).
Bennet does not disclose the first strain relief structure at a position in the internal compartment and the second strain relief structure at a position in the internal compartment (claim 35); wherein the first strain relief structure comprises one or more baffles that define a non-linear pathway for the proximal cable through the internal compartment, and the second strain relief structure comprises one or more baffles that define a non-linear pathway for the distal cable in the internal compartment (claim 36); wherein the first strain relief structure comprises a first baffle that extends in a first direction that is transverse to a center axis of the first aperture in the proximal end of the casing, and a second baffle that is distal of the first baffle and extends in a second direction that is transverse to the center axis of the first aperture, wherein the first baffle is configured to direct the proximal cable in the first direction and the second baffle is configured to direct the proximal cable in the second direction such that the first strain relief structure forms a bend in the proximal cable passing through the first strain relief structure (claim 37); wherein the second strain relief structure comprises a third baffle that extends in a third direction that is transverse to a center axis of the second aperture in the proximal end of the casing, and a fourth baffle that is proximal of the third baffle and extends in a fourth direction that is transverse to the center axis of the second aperture, and wherein the third baffle is configured to direct the distal cable in the third direction and the fourth baffle is configured to direct the distal cable in the fourth direction such that the second strain relief structure forms a bend in the distal cable passing through the second strain relief structure (claim 38).
Zamba teaches an electrosurgical tool comprising a cable, a casing comprising a first and second aperture and an internal compartment ([Col. 3, line 65 – Col. 4, line 10]; Figures 1, 2, 3, & 5—elements 14 & 20), and strain relief structures ([Col. 4, lines 42-56]; Figures 2 & 3—elements 34/36) the strain relief structures at a position in the internal compartment ([Col. 4, lines 42-56]; Figures 2 & 3—elements 20 & 34/46) (claim 35); wherein the strain relief structures comprises one or more baffles that define a non-linear pathway for the proximal cable through the internal compartment, and the strain relief structures comprises one or more baffles that define a non-linear pathway for the distal cable in the internal compartment ([Col. 4, lines 42-56]; Figures 2 & 3—elements 14 & 34/46) (claim 36); wherein the first strain relief structure comprises a first baffle that extends in a first direction that is transverse to a center axis of the first aperture in the proximal end of the casing, and a second baffle that is distal of the first baffle and extends in a second direction that is transverse to the center axis of the first aperture, wherein the first baffle is configured to direct the proximal cable in the first direction and the second baffle is configured to direct the proximal cable in the second direction such that the first strain relief structure forms a bend in the proximal cable passing through the first strain relief structure ([Col. 4, lines 42-56]; Figures 2 & 3—elements 14 & 34/46) (claim 37); wherein the second strain relief structure comprises a third baffle that extends in a third direction that is transverse to a center axis of the second aperture in the proximal end of the casing, and a fourth baffle that is proximal of the third baffle and extends in a fourth direction that is transverse to the center axis of the second aperture, and wherein the third baffle is configured to direct the distal cable in the third direction and the fourth baffle is configured to direct the distal cable in the fourth direction such that the second strain relief structure forms a bend in the distal cable passing through the second strain relief structure ([Col. 4, lines 42-56]; Figures 2 & 3—elements 14 & 34/46) (claim 38).
A person of ordinary skill in the art, before the effective filing date of the claimed invention would have been motivated to modify the first strain relief structure and the second strain relief structure, as disclosed by Bennett, to each include a strain relief structure at a position in the internal compartment and wherein the strain relief structure comprises two baffles that extend direction that is transverse to a center axis, as taught by Zamba, as both references and the claimed invention are directed toward electrosurgical devices comprising casings with cable strain reliefs. As disclosed by Zamba, a strain relief for the cable can be provided within the housing by including support walls that define bores therethrough so that the cable extends through the bores on a substantially non-linearly shaped path, this configuration prevents stripping of the cable ([Col. 4, lines 42-56]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the first strain relief structure and the second strain relief structure, as disclosed by Bennett, to each include a strain relief structure at a position in the internal compartment and wherein the strain relief structure comprises two baffles that extend direction that is transverse to a center axis, as taught by Zamba, as such a modification would provide for a suitable and known alternative strain relief structure that provides support to the electrical cable and prevents stripping of the cable.
Regarding claim 40, Bennett in view of Williams, Fasano, and Zamba disclose all of the limitations of claim 36, as described above.
Williams further teaches wherein the plug comprises three prongs that are configured to couple to the electrosurgical generator ([0033]; Figure 1—element 27).
Conclusion
Accordingly, claims 25-42 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARINA D TEMPLETON whose telephone number is (571)272-7683. The examiner can normally be reached M-F 8:00am to 5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Stoklosa can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.D.T./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794