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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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.
Claims 1, 8-10, 15, & 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gliner et al. (US Pub. No. 2022/0160543 A1).
Regarding claim 1, Gliner et al. disclose a method for driving an ultrasonic surgical instrument (paragraphs [0068]-[0072] & [0083]), wherein the method comprises: in response to an initiating signal, providing a drive signal with a first amplitude range for a first period to drive an transducer of the ultrasonic surgical instrument (paragraphs [0068]-[0072] & [0083]); subsequent to the first period, providing a first transition signal with a decreasing amplitude for a first predetermined interval to drive the transducer (paragraphs [0068]-[0072] & [0083]); subsequent to the first predetermined interval, providing a drive signal with a second amplitude range for a second period to drive the transducer, wherein an upper limit of the second amplitude range is lower than a lower limit of the first amplitude range (paragraphs [0068]-[0072] & [0083]); subsequent to the second period, providing a second transition signal with an increasing amplitude for a second predetermined interval to drive the transducer (paragraphs [0068]-[0072] & [0083]); and subsequent to the second predetermined interval, providing a drive signal with a third amplitude range for a third period to drive the transducer, wherein a lower limit of the third amplitude range is higher than the upper limit of the second amplitude range (paragraphs [0068]-[0072] & [0083]); wherein at least one of the first predetermined interval and the second predetermined interval is above zero (paragraphs [0068]-[0072] & [0083]).
Regarding claim 8, Gliner et al. further disclose wherein a difference between an upper limit and a lower limit of the second amplitude range of the signal provided to the ultrasonic surgical instrument for the second period is lower than a set value (paragraphs [0068]-[0072] & [0083]).
Regarding claim 9, Gliner et al. further disclose wherein the signal provided to the ultrasonic surgical instrument for the second period is a periodic signal (paragraph [0070]).
Regarding claim 10, Gliner et al. further disclose wherein the periodic signal provided to the ultrasonic surgical instrument for the second period is a sine wave signal (paragraph [0070]).
Regarding claim 15, Gliner et al. further disclose wherein at least one of the signals over the first period, the second period and the third period has a frequency that is a resonance frequency of the ultrasonic surgical instrument (paragraph [0069]).
Regarding claim 16, Gliner et al. disclose generator for driving an ultrasonic surgical instrument, wherein the generator comprises a processor chip (paragraphs [0042]-[0044]), the processor chip is pre-loaded with program information, and when the generator responds to an initiating signal, the processor chip executes the program information to perform the method for driving the ultrasonic surgical instrument according to claim 1 (paragraphs [0042]-[0046] - and see method claim 1 for specifics regarding the program information), so that the generator outputs a driving signal to the ultrasonic surgical instrument.
Allowable Subject Matter
Claims 2-7, 11-14, & 17-20 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.
The following is a statement of reasons for the indication of allowable subject matter:
the prior art fails to explicitly disclose in their method that if the first predetermined interval is above zero, the amplitude of the first transition signal provided to the ultrasonic surgical instrument for the first predetermined interval decreases following a first nonlinear curve [claim 2];
the prior art fails to explicitly disclose in their method that the first nonlinear curve is defined as A=(A11-A12)×sinΦ+A11, Φ∈(180°, 270°), wherein A is the amplitude of the first transition signal, A11 is the amplitude of the signal at the termination of the first period, and A12 is the amplitude of the signal at the starting of the second period [claim 3];
the prior art fails to explicitly disclose in their method that if the second predetermined interval is above zero, the amplitude of the second transition signal provided to the ultrasonic surgical instrument for the second predetermined interval increases following a second nonlinear curve [claim 4];
the prior art fails to explicitly disclose in their method that the second nonlinear curve is defined as C=(A14-A13)×sinΦ+A13, Φ∈(0°, 90°), wherein C is the amplitude of the second transition signal, A13 is the amplitude of the signal at the termination of the second period, and A14 is the amplitude of the signal at the starting of the third period [claim 5];
the prior art fails to explicitly disclose in their method that if the first predetermined interval is above zero, the amplitude of the first transition signal provided to the ultrasonic surgical instrument for the first predetermined interval decreases linearly [claim 6];
the prior art fails to explicitly disclose in their method that if the second predetermined interval is above zero, the amplitude of the second transition signal output to the ultrasonic surgical instrument in the second predetermined interval increases linearly [claim 7];
the prior art fails to explicitly disclose in their method that wherein the sine wave signal provided to the ultrasonic surgical instrument for the second period is represented by the following function: B=A5-set value×sin(π×τ/T); wherein B is the amplitude of the signal for the second period, τ is a time variable, τ∈(0, T), T is a time length of the second period, and A5 is an upper limit of the amplitude of the signal for the second period [claim 11];
the prior art fails to explicitly disclose the method step of acquiring a current variation or voltage variation fed back by the ultrasonic surgical instrument, wherein the current variation or voltage variation is determined according to an impedance variation of the end effector assembly; and adjusting the amplitude of the signal in each period according to the current variation or voltage variation, wherein each period comprises the first period, the second period, the third period, the first predetermined interval and/or the second predetermined interval [claim 12];
the prior art fails to explicitly disclose in their method that wherein the generator further comprises a signal conditioning circuit, the processor chip outputs a preset waveform signal after executing the program information, and the signal conditioning circuit processes the preset waveform signal into the driving signal [claim 17];
the prior art fails to explicitly disclose in their method that the generator further comprises: an impedance detection circuit, the impedance detection circuit is used for detecting a current variation or voltage variation fed back by the ultrasonic surgical instrument, converting the current variation or voltage variation into a digital signal and feeding the digital signal back to the processor chip, wherein the current variation or voltage variation is determined according to the impedance variation of the end effector assembly; and the processor chip adjusts an amplitude of the driving signal according to the digital signal fed back by the impedance detection circuit [claim 18].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY LAUREN FISHBACK whose telephone number is (571)270-7899. The examiner can normally be reached M-F 7:30a-3:30p.
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ASHLEY LAUREN FISHBACK
Primary Examiner
Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 June 12, 2026
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