CTNF 18/741,113 CTNF 93151 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 14-15, 22-26 are rejected under 35 U.S.C. 102 ( a) (1 ) as being anticipated by Marion et al. (US 2022/0395310) . Regarding claim 14 and 23 , Strauss discloses a method for controlling an electrosurgical instrument capable of producing a cutting plasma for cutting or vaporizing tissue when in operation at such tissue (fig.1, see also [0021]), wherein an electrosurgical generator (fig.1, electrosurgical generator 102) generates a voltage signal being basically sinusoidal and the voltage signal is applied to the electrosurgical instrument (fig.2-3, see also [0021] and [0022]), applying the voltage signal to the electrosurgical instrument results in an operating current signal capable of providing the cutting plasma (fig.1, see also [0021]-[0022]), and the operating current signal comprising a linear current component being sinusoidal having a fundamental frequency and a nonlinear current component not having the fundamental frequency (fig.2-3), wherein the operating current signal is controlled depending on the nonlinear current component in order to control the cutting plasma (fig.2-3, see also [0021] and [0023], see also [0028]). Regarding claim 15 , Strauss discloses the method according to claim 14, wherein for receiving the nonlinear current component, the linear current component is extracted from the operating current signal such that the nonlinear current component remains (fig.2-3, see also [0020] and [0024]). Regarding claim 22 , Strauss discloses the method according to claim 14, wherein the electrosurgical instrument comprises a single electrode for providing the cutting plasma between the electrode and a saline or a neighboring tissue (fig.1; see also [0031]) or the electrosurgical instrument comprises two electrodes for providing the cutting plasma between these two electrodes (fig.1; see also [0020]). Regarding claim 23 , Strauss discloses an electrosurgical generator (fig.1, electrosurgical signal generator (ESG) 102) for controlling an electrosurgical instrument capable of producing a cutting plasma for cutting or vaporizing tissue when in operation at such tissue (fig.1, [0021]), wherein the electrosurgical generator is adapted for executing a method according to which the electrosurgical generator generates a voltage signal being basically sinusoidal and the voltage signal is applied to the electrosurgical instrument (fig.2-3, see also [021]-[0022]), wherein applying the voltage signal to the electrosurgical instrument results in an operating current signal capable of providing the cutting plasma, and the operating current signal comprising a linear current component being sinusoidal having a fundamental frequency and a nonlinear current component not having the fundamental frequency, wherein the operating current signal is controlled depending on the nonlinear current component in order to control the cutting plasma (fig1-3, see also [0020]-[0024]). Regarding claim 24 , Strauss discloses the electrosurgical generator according to claim 23, comprising a control device (fig.4; main controller 271) adapted to control the electrosurgical generator (fig.4), wherein the electrosurgical generator is adapted to execute a method according to the method for controlling the electrosurgical instrument capable of producing the cutting plasma for cutting or vaporizing tissue when in operation at such tissue [0021]-[0022], wherein the electrosurgical generator generates the voltage signal being basically sinusoidal and the voltage signal is applied to the electrosurgical instrument (fig.2-3), applying the voltage signal to the electrosurgical instrument results in the operating current signal capable of providing the cutting plasma, and the operating current signal comprising the linear current component being sinusoidal having the fundamental frequency and the nonlinear current component not having the fundamental frequency, wherein the operating current signal is controlled depending on the nonlinear current component in order to control the cutting plasma (fig.2-3 and 7, see also [0020], [0024] and [0041]). Regarding claim 25 , Strauss discloses the electrosurgical generator according to claim 23, comprising a frequency converter for generating the voltage signal, being coupled to a or the control device, and/or an output port for connecting an electrosurgical instrument capable of producing a cutting plasma for cutting or vaporizing tissue when controlled by the generator and when in operation at such tissue and/or a current sensor for measuring an operational current and being coupled to the frequency converter and/or the control device [0042]. Regarding claim 26 , Strauss discloses an electrosurgical installation comprising an electrosurgical generator according to claim 23, and an electrosurgical instrument connected to the electrosurgical generator (fig.1). Allowable Subject Matter Claim 16-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. During the search of the prior art, the Examiner has failed to identify any reference which that, either alone or in combination discloses, suggests or renders obvious of wherein the linear current component is determined by calculating signal coefficients characterizing a first harmonic of the operating current signal and the linear current component is described using these signal coefficients or wherein the linear current component is determined by calculating first harmonic Fourier trigonometric coefficients a.sub.1 and b.sub.1 of the operating current signal according to the formulas: PNG media_image1.png 194 286 media_image1.png Greyscale wherein x[k] are samples of the operating current signal and N is the number of samples used, and wherein samples of the operating current signal are taken over a time interval of one period of the linear current signal or the voltage signal or wherein the operating current signal is controlled depending on an rms-value of the nonlinear current component and the rms-value of the nonlinear current component is calculated by calculating a square root of a difference between the square of a rms-value of the operating current signal and the square of an rms-value of the linear current component or wherein for controlling the operating current signal depending on a or the rms-value I.sub.nl of the nonlinear current component the rms-value I.sub.nl is calculated using the formula: PNG media_image2.png 88 268 media_image2.png Greyscale wherein I.sub.rms is the rms-value of the operating current signal and a.sub.1 and b.sub.1 being the first harmonic Fourier trigonometric coefficients of the operating current signal or wherein for controlling the operating current signal a or the rms-value of the nonlinear current component is controlled to a reference value, and/or an amplitude of the voltage signal is increased when the rms-value of the nonlinear current component is below the reference value or below a first reference value and the amplitude of the voltage signal is decreased when the rms-value of the nonlinear current component is above the reference value or above a second reference value or wherein in a first control stage for heating a saline, or the rms-value of the nonlinear current component is controlled to a or the first reference value and in a second control stage for providing the cutting plasma the rms-value of the nonlinear current component is controlled to a second reference value, wherein the first reference value is larger than the second reference value. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIGIST S DEMIE whose telephone number is (571)270-5345. The examiner can normally be reached Monday-Friday 8am-5Pm. 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, Joseph Stoklosa can be reached at 571-2721213. 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. /TIGIST S DEMIE/Primary Examiner, Art Unit 3794 Application/Control Number: 18/741,113 Page 2 Art Unit: 3794 Application/Control Number: 18/741,113 Page 3 Art Unit: 3794 Application/Control Number: 18/741,113 Page 4 Art Unit: 3794 Application/Control Number: 18/741,113 Page 5 Art Unit: 3794 Application/Control Number: 18/741,113 Page 6 Art Unit: 3794 Application/Control Number: 18/741,113 Page 7 Art Unit: 3794
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