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 Objections
Claim 19 is objected to because of the following informalities: line 5- “an operative end of the tip” should be amended to - - [[ an]] the operative end of the tip - - since it is clear that the operative end of the tip refers to the same “an operative end of the tip” recited in claim 6. Appropriate correction is required.
Claim 20 is objected to because it depends off claim 19.
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.
Claim(s) 1- 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bly et al. (US Pub. No. 2016/0074123 A1) in view of Rhee et al. (US Pub. No. 2018/0014846 A1) and Rabiner et al. (US Pub. No. 2002/1017446 A1). Bly and Rabiner are cited in the IDS filed 5/08/2025.
Regarding claim 1, Bly discloses an ultrasonic surgical tool system comprising:
an instrument (128) (Fig. 1) (P. [0026] - - Computing system 100 may further be communicatively coupled to a surgical instrument 128. The surgical instrument may be any surgical instrument, such as an instrument for resection);
a power supply coupled to the instrument (P. [0092] - - the surgical instrument may be an electrically-powered cutting tool);
a localizer configured to generate localization data indicative of a pose of the instrument (128) in a known coordinate system (P. [0076] - -The computing system may track the position of the instrument in relation to the coordinate system of the representation); and
a control system (100) (Fig. 1) coupled to the power supply and the localizer and configured to:
receive a medical image that includes a tumorous tissue region (See Fig. 3) (Ps. [0029], [0048] - - method 300 begins at block 302 with a computing system receiving, by a computing device, data for a patient indicating a representation of the patient. At block 304, the computing system receives data indicating (i) a surgical target region within the representation of the patient; the surgical target region may include a surgical margin … the surgical margin may be an area of tumor free tissue surrounding a tumor that may be removed along with the tumor);
based on the medical image, generate a virtual boundary associated with the tumorous tissue region in the known coordinate system (See Fig. 3) (Ps. [0029], [0066] - - At block 308, for each surgical approach in the plurality of surgical approaches, the computing system, receives input defining one or more surgical boundaries within the representation; FIGS. 4-7 illustrate example surgical boundaries);
based on the localization data, track the pose of the ultrasonic instrument in the known coordinate system (See Fig. 3) (Ps. [0029], [0076] - - At block 310, the computing system receives data indicating a position of a surgical instrument with respect to the representation of the patient; The computing system may track the position of the instrument in relation to the coordinate system of the representation); and
based on the tracked pose of the instrument (128) and virtual boundary, provide feedback indicating that the surgical instrument is within the pre-determined threshold distance from at least one of the one or more surgical boundaries (See Fig. 3) (P. [0029] - - At block 312, based on the received data indicating the position of the surgical instrument, the computing system determines that the surgical instrument is within a pre-determined threshold distance from at least one of the one or more surgical boundaries. At block 314, in response to the determining, the computing system, provides feedback indicating that the surgical instrument is within the pre-determined threshold distance from at least one of the one or more surgical boundaries).
Bly further discloses the surgical instrument 128 can be any surgical instrument, such as an instrument for resection (P. [0026]), but Bly does not explicitly disclose
(claim 1) an ultrasonic instrument comprising an aspiration pathway, an irrigation pathway, a tip and a driver coupled to the tip, the driver configured to vibrate the tip to ablate tissue at a target site responsive to receiving an AC drive signal; a power supply coupled to the ultrasonic instrument and configured to generate the AC drive signal supplied to the driver of the ultrasonic instrument; and based on the tracked pose of the ultrasonic instrument and virtual boundary, set the AC drive signal generated by the power supply to induce first pulsed ultrasonic energy in the tip as claimed.
However, Rhee teaches an ultrasonic instrument configured for effecting tissue dissecting, cutting, and/or coagulation during surgical procedures in the same field of endeavor (Abstract, Ps. [0004], [0055])
(claim 1) an ultrasonic instrument (104) (Figs. 1- 2) comprising, a tip (128) and a driver coupled to the tip (128), the driver configured to vibrate the tip (128) to ablate tissue at a target site responsive to receiving an AC drive signal (Ps. [0055], [0062] - - Various aspects are directed to improved … ultrasonic instruments configured for effecting tissue dissecting, cutting, and/or coagulation during surgical procedures; the ultrasonic generator drive circuit 114 may produce a drive signal or signals of particular voltages, currents, and frequencies, e.g., 55,500 cycles per second (Hz). The drive signal or signals may be provided to the ultrasonic surgical instrument 104, and specifically to the transducer component 120, which may operate, for example, as described herein … In one aspect, the generator 102 may be configured to produce a drive signal of a particular voltage, current, and/or frequency output signal that can be modified with high resolution, accuracy, and repeatability);
a power supply (102) (Figs. 1- 3) coupled to the ultrasonic instrument (104) and configured to generate the AC drive signal supplied to the driver of the ultrasonic instrument (104) (P. [0081] - - In operation, the generator 102 applies an alternating voltage potential to the electrodes 209a-209e to energize the piezoelectric elements 208a-208d and cause them to … vibrate at ultrasonic frequencies); and
a control system (110) (Fig. 1) (Ps. [0065], [0071] - - The generator 102 may comprise an input device 110 … The input device 110 may comprise any suitable device that generates signals suitable for programming the operation of the generator 102; The generator 102 also is configured to drive a surgical instrument 104. The generator 102 is coupled to an ultrasonic transducer component 120 of the surgical instrument 104 via a cable 146 (See FIG. 1) … In one aspect, the generator 102 may be configured to produce a drive signal of a particular voltage, current, and/or frequency output signal that can be stepped or otherwise modified with high resolution, accuracy, and repeatability) coupled to the power supply (102) and configured to:
set the AC drive signal generated by the power supply (102) to induce first pulsed ultrasonic energy in the tip (Ps. [0063], [0068], [0138]- - the one or more switches may comprise a toggle button 134c that, when depressed, causes the generator 102 to provide a pulsed output. The pulses may be provided at any suitable frequency and grouping, for example. In certain aspects, the power levels of the pulses may be the same as the power levels associated with toggle buttons 134a, 134b (maximum, less than maximum), for example; It will be appreciated that the surgical instrument 104 may comprise any combination of the toggle buttons 134a, 134b, 134c. For example, the surgical instrument 104 could be configured to have only two toggle buttons: a toggle button 134a for producing maximum ultrasonic energy output and a toggle button 134c for producing a pulsed output at either the maximum or less than maximum power level. In this way, the drive signal output configuration of the generator 102 could be 5 continuous signals and or a suitable number of (e.g. between 1 to 5) pulsed signals. In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings); Electrical characteristics of the surgical instrument 104 and/or tissue may be measured and used to control operational aspects of the generator 102 and/or provided as feedback to the user … Electrical characteristics of the electrosurgical instrument and/or tissue may be measured and used to control operational aspects of the generator 102 and/or provide feedback to the user … the processor may be configured to store and execute computer software program instructions to generate the output signal functions for driving various components of the surgical instruments 104, 108, such as the ultrasonic transducer component 120 and the end effectors 122, 125; it will be appreciated that the various aspects of the surgical system with user adaptable techniques employing simultaneous energy modalities based on tissue parameters may be practiced without these specific details).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the tool system associated with Bly to include an ultrasonic instrument as taught by Rhee because it is an anticipated surgical instrument for resection (Bly - - P. [0026]) which would predictably provide for effecting tissue dissecting, cutting, and/or coagulation during surgical procedures (Rhee - - P. [0055]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the ultrasonic surgical tool system of Bly in view of Rhee to include a control system configured to, based on the localization data, track the pose of the ultrasonic instrument in the known coordinate system; and based on the tracked pose of the ultrasonic instrument and virtual boundary associated with the feedback from Bly (See Fig. 3 - - step 314), set the AC drive signal generated by the power supply to induce first pulsed ultrasonic energy in the tip according to the teachings of Rhee because it would have been within the purview of a person having ordinary skill in the art to use the feedback provided to a user to actuate pulsed ultrasonic energy since Rhee teaches that characteristics of the instrument and/or tissue parameters are measured and used to control operational aspects of the generator 102 and/or provide feedback to the user (Rhee - - Ps. [0066], [0068], [0138]). A person having ordinary skill in the art would be further motivated to actuate, increase, decrease or otherwise change ultrasonic energy based on feedback regarding the ultrasonic instrument and/ or tissue such as, for example, indicating the ultrasonic instrument is in proximity to an anatomical feature designated as “critical” or “non-critical” (Bly - - Ps. [0008], [0063], [0064], [0066], [0084], [0095]; Rhee - - P. [0068], - - Electrical characteristics of the surgical instrument 104 and/or tissue may be measured and used to control operational aspects of the generator 102 and/or provided as feedback to the use …the processor may be configured to store and execute computer software program instructions to generate the output signal functions for driving various components of the surgical instruments 104, 108, such as the ultrasonic transducer component 120 and the end effectors 122, 125).
Modified Bly does not explicitly disclose
(claim 1) an ultrasonic instrument comprising an aspiration pathway, an irrigation pathway, and a tip as claimed.
However, Rabiner teaches an ultrasonic surgical tool system in the same field of endeavor (Ps. [0001], [0012])
(claim 1) an ultrasonic instrument (6) comprising an aspiration pathway (60), an irrigation pathway (17) (Fig. 3), and a tip (22, 23) (Figs. 6, 7) (Ps. [0060], [0061] - - a longitudinal cross-section of a portion of an ultrasonic probe tip 22 and 23 is shown, comprising a central irrigation passage 17, lateral irrigation lumens 19, and as external aspiration channels 60; The probe 6 comprises a plurality of arcuate channels 60 that extend over the longitudinal length of the probe tip, providing a conduit for irrigation and or aspiration of tissue debris and fluid).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the ultrasonic instrument associated with Bly in view of Rhee such that it includes an aspiration pathway, an irrigation pathway, a tip according to the teachings of Rabiner because it would allow for the irrigation and/ or aspiration of tissue debris and fluid (Rabiner - - P. [0060], [0061]).
Regarding claim 2, Bly in view of Rhee and Rabiner discloses the system of claim 1, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the control system is configured to:
based on the tracked pose of the ultrasonic instrument in the known coordinate system relative to the virtual boundary, determine whether an operative end of the tip reaches or cross the virtual boundary from the tumorous tissue region (See Bly - - Fig. 3, step 314); and
responsive to determining that the operative end of the tip reaches or cross the virtual boundary from the tumorous tissue region, set the AC drive signal generated by the power supply to induce the first pulsed ultrasonic energy in the tip.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the ultrasonic surgical tool system of Bly in view of Rhee to include a control system configured to, based on the localization data, track the pose of the ultrasonic instrument in the known coordinate system; and based on the tracked pose of the ultrasonic instrument and virtual boundary associated with the feedback from Bly (See Fig. 3 - - step 314), set the AC drive signal generated by the power supply to induce first pulsed ultrasonic energy in the tip according to the teachings of Rhee because it would have been within the purview of a person having ordinary skill in the art to use the feedback provided to a user to actuate pulsed ultrasonic energy since Rhee teaches that characteristics of the instrument and/or tissue parameters are measured and used to control operational aspects of the generator 102 and/or provide feedback to the user (Rhee - - Ps. [0068], [0138]). A person having ordinary skill in the art would be further motivated to actuate, increase, decrease or otherwise change ultrasonic energy based on feedback regarding the ultrasonic instrument and/ or tissue such as, for example, indicating the ultrasonic instrument is in proximity to an anatomical feature designated as “critical” or “non-critical” (Bly - - Ps. [0008], [0063], [0064], [0066], [0084], [0095]; Rhee - - P. [0068], - - Electrical characteristics of the surgical instrument 104 and/or tissue may be measured and used to control operational aspects of the generator 102 and/or provided as feedback to the use …the processor may be configured to store and execute computer software program instructions to generate the output signal functions for driving various components of the surgical instruments 104, 108, such as the ultrasonic transducer component 120 and the end effectors 122, 125).
Regarding claim 3, Bly in view of Rhee and Rabiner discloses the system of claim 1, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the control system is configured to:
based on the tracked pose of the ultrasonic instrument in the known coordinate system relative to the virtual boundary, determine whether an operative end of the tip is within the tumorous tissue region (See Bly - - Fig. 3, step 314).
Modified Bly does not explicitly disclose
(claim 3) responsive to determining that the operative end of the tip is within the tumorous tissue region, set the AC drive signal generated by the power supply to induce continuous ultrasonic energy in the tip.
However, Rhee teaches an ultrasonic instrument configured for effecting tissue dissecting, cutting, and/or coagulation during surgical procedures in the same field of endeavor (Abstract, Ps. [0004], [0055])
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the ultrasonic surgical tool system of Modified Bly to include a control system configured to, based on the tracked pose of the ultrasonic instrument in the known coordinate system relative to the virtual boundary, determine whether an operative end of the tip reaches or cross the virtual boundary from the tumorous tissue region (See Fig. 3 - - step 314), set the AC drive signal generated by the power supply to induce continuous ultrasonic energy in the tip according to the teachings of Rhee because it would have been within the purview of a person having ordinary skill in the art to use the feedback provided to a user to actuate continuous ultrasonic energy since Rhee teaches that characteristics of the instrument and/or tissue parameters are measured and used to control operational aspects of the generator 102 and/or provide feedback to the user and (Rhee - - Ps. [0068], [0138] - - it is noted in P. [0068] - - actuation of continuous and pulsed ultrasonic energy are equally available responses to feedback regarding instrument/ tissue parameter such as whether the operative end of the tip is within the tumorous tissue region). A person having ordinary skill in the art would be further motivated to actuate, increase, decrease or otherwise change ultrasonic energy based on feedback regarding the ultrasonic instrument and/ or tissue such as, for example, indicating the ultrasonic instrument is in proximity to an anatomical feature designated as “critical” or “non-critical” (Bly - - Ps. [0008], [0063], [0064], [0066], [0084], [0095]; Rhee - - P. [0068], - - Electrical characteristics of the surgical instrument 104 and/or tissue may be measured and used to control operational aspects of the generator 102 and/or provided as feedback to the use …the processor may be configured to store and execute computer software program instructions to generate the output signal functions for driving various components of the surgical instruments 104, 108, such as the ultrasonic transducer component 120 and the end effectors 122, 125).
Regarding claim 4, Bly in view of Rhee and Rabiner discloses the system of claim 1, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the first pulsed ultrasonic energy includes a plurality of first ultrasonic energy pulses interspaced by first periods of ultrasonic energy at a first minimum ultrasonic energy level, each of the first ultrasonic energy pulses peaking at a maximum ultrasonic energy level set for the ultrasonic instrument for a second period that is less than each of the first periods (Rhee - - P. [0068] - - The pulses may be provided at any suitable frequency and grouping, for example. In certain aspects, the power levels of the pulses may be the same as the power levels associated with toggle buttons 134a, 134b (maximum, less than maximum), for example; It will be appreciated that the surgical instrument 104 may comprise any combination of the toggle buttons 134a, 134b, 134c. For example, the surgical instrument 104 could be configured to have only two toggle buttons: a toggle button 134a for producing maximum ultrasonic energy output and a toggle button 134c for producing a pulsed output at either the maximum or less than maximum power level. In this way, the drive signal output configuration of the generator 102 could be 5 continuous signals and or a suitable number of (e.g. between 1 to 5) pulsed signals. In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings); it is noted since the pulses may be provided at any suitable frequency and grouping, it would have been within the purview of a person having ordinary skill in the art to use the claimed grouping or pattern of grouping).
Regarding claim 5, Bly in view of Rhee and Rabiner discloses the system of claim 1, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the first pulsed ultrasonic energy includes a plurality of first ultrasonic energy pulses interspaced by ultrasonic energy at a first minimum ultrasonic energy level, each of the first ultrasonic energy pulses peaks at a maximum ultrasonic energy level set for the ultrasonic instrument, and the first minimum ultrasonic energy level is less than or equal to 5% of the maximum ultrasonic energy level (Rhee- - P. [0068] - - In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings; it is noted it would have been within the purview of a person having ordinary skill in the art to use the claimed frequency or pattern of frequencies).
Regarding claim 6, Bly in view of Rhee and Rabiner discloses the system of claim 1, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the control system is configured to:
based on the tracked pose of the ultrasonic instrument in the known coordinate system relative to the virtual boundary, determine whether an operative end of the tip is within the tumorous tissue region with a distance between the operative end of the tip and the virtual boundary being less than a first threshold distance (See Bly - - Fig. 3, step 314);
Modified Bly does not explicitly disclose
(claim 6) responsive to determining that the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being less than the first threshold distance, set the AC drive signal generated by the power supply to induce the first pulsed ultrasonic energy in the tip.
However, Rhee teaches an ultrasonic instrument configured for effecting tissue dissecting, cutting, and/or coagulation during surgical procedures in the same field of endeavor (Abstract, Ps. [0004], [0055])
(claim 6) It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the ultrasonic surgical tool system of Modified Bly to include a control system configured to, responsive to determining that the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being less than the first threshold distance (See Fig. 3 - - step 314), set the AC drive signal generated by the power supply to induce the first pulsed ultrasonic energy in the tip according to the teachings of Rhee because it would have been within the purview of a person having ordinary skill in the art to use the feedback provided to a user to actuate the first pulsed ultrasonic energy in the tip since Rhee teaches that characteristics of the instrument and/or tissue parameters are measured and used to control operational aspects of the generator 102 and/or provide feedback to the user and (Rhee - - Ps. [0068], [0138] - - it is noted in P. [0068] - - actuation of continuous and pulsed ultrasonic energy are equally available responses to feedback regarding instrument/ tissue parameter such as whether virtual boundary being less than the first threshold distance). A person having ordinary skill in the art would be further motivated to actuate, increase, decrease or otherwise change ultrasonic energy based on feedback regarding the ultrasonic instrument and/ or tissue such as, for example, indicating the ultrasonic instrument is in proximity to an anatomical feature designated as “critical” or “non-critical” (Bly - - Ps. [0008], [0063], [0064], [0066], [0084], [0095]; Rhee - - P. [0068], - - Electrical characteristics of the surgical instrument 104 and/or tissue may be measured and used to control operational aspects of the generator 102 and/or provided as feedback to the use …the processor may be configured to store and execute computer software program instructions to generate the output signal functions for driving various components of the surgical instruments 104, 108, such as the ultrasonic transducer component 120 and the end effectors 122, 125).
Regarding claim 7, Bly in view of Rhee and Rabiner discloses the system of claim 6, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the first pulsed ultrasonic energy includes a plurality of first ultrasonic energy pulses interspaced by first periods of ultrasonic energy at a first minimum ultrasonic energy level, each of the first ultrasonic energy pulses peaking at a maximum ultrasonic energy level set for the ultrasonic instrument for a second period that is less than each of the first periods (Rhee- - P. [0068] - - In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings; it is noted it would have been within the purview of a person having ordinary skill in the art to use the claimed frequency or pattern of frequencies).
Regarding claim 8, Bly in view of Rhee and Rabiner discloses the system of claim 6, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the first pulsed ultrasonic energy includes a plurality of first ultrasonic energy pulses interspaced by ultrasonic energy at a first minimum ultrasonic energy level, each of the first ultrasonic energy pulses peaks at a maximum ultrasonic energy level set for the ultrasonic instrument, and the first minimum ultrasonic energy level is greater than or equal to 10% of the maximum ultrasonic energy level (Rhee- - P. [0068] - - In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings; it is noted it would have been within the purview of a person having ordinary skill in the art to use the claimed frequency or pattern of frequencies).
Regarding claim 9, Bly in view of Rhee and Rabiner discloses the system of claim 6, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the control system is configured to:
based on the tracked pose of the ultrasonic instrument in the known coordinate system relative to the virtual boundary, determine whether the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance (See Bly - - Fig. 3, step 314; Bly - - P. [0066] - - FIGS. 4-7 illustrate example surgical boundaries … The computing device may divide surgical boundaries 402, 404, and 406 into a first level and a second level. For instance, the computing system may receive input designating surgical boundaries 404 and 406 as a first level and surgical boundary 402 as a second level. Surgical boundary 402 divides the surgical pathway from the eyes, while surgical boundaries 404 and 406 divide the surgical pathway from less-critical skin and/or bone tissue; it is noted first level boundaries 404 and 406 make up a virtual boundary being greater than the first threshold distance set by boundary 403); and
Modified Bly does not explicitly disclose
(claim 9) responsive to determining that the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance, set the AC drive signal generated by the power supply to induce continuous ultrasonic energy in the tip.
However, Rhee teaches an ultrasonic instrument configured for effecting tissue dissecting, cutting, and/or coagulation during surgical procedures in the same field of endeavor (Abstract, Ps. [0004], [0055])
(claim 9) It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the ultrasonic surgical tool system of Modified Bly to include a control system configured to, responsive to determining that the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance (See Bly - - Fig. 3, step 314; Bly - - P. [0066]), set the AC drive signal generated by the power supply to induce continuous ultrasonic energy in the tip according to the teachings of Rhee because it would have been within the purview of a person having ordinary skill in the art to use the feedback provided to a user to actuate continuous ultrasonic energy since Rhee teaches that characteristics of the instrument and/or tissue parameters are measured and used to control operational aspects of the generator 102 and/or provide feedback to the user and (Rhee - - Ps. [0068], [0138] - - it is noted in P. [0068] - - actuation of continuous and pulsed ultrasonic energy are equally available responses to feedback regarding instrument/ tissue parameter such as whether the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance). A person having ordinary skill in the art would be further motivated to actuate, increase, decrease or otherwise change ultrasonic energy based on feedback regarding the ultrasonic instrument and/ or tissue such as, for example, indicating the ultrasonic instrument is in proximity to an anatomical feature designated as “critical” or “non-critical” (Bly - - Ps. [0008], [0063], [0064], [0066], [0084], [0095]; Rhee - - P. [0068], - - Electrical characteristics of the surgical instrument 104 and/or tissue may be measured and used to control operational aspects of the generator 102 and/or provided as feedback to the use …the processor may be configured to store and execute computer software program instructions to generate the output signal functions for driving various components of the surgical instruments 104, 108, such as the ultrasonic transducer component 120 and the end effectors 122, 125).
Regarding claim 10, Bly in view of Rhee and Rabiner discloses the system of claim 6, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the control system is configured to:
based on the tracked pose of the instrument in the known coordinate system relative to the virtual boundary, determine whether the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance (See Bly - - Fig. 3, step 314; Bly - - P. [0066] - - FIGS. 4-7 illustrate example surgical boundaries … The computing device may divide surgical boundaries 402, 404, and 406 into a first level and a second level. For instance, the computing system may receive input designating surgical boundaries 404 and 406 as a first level and surgical boundary 402 as a second level. Surgical boundary 402 divides the surgical pathway from the eyes, while surgical boundaries 404 and 406 divide the surgical pathway from less-critical skin and/or bone tissue; it is noted first level boundaries 404 and 406 make up a virtual boundary being greater than the first threshold distance set by boundary 403); and
Modified Bly does not explicitly disclose
(claim 10) wherein the first pulsed ultrasonic energy is generated based on a first modulation waveform … responsive to determining that the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance, set the AC drive signal generated by the power supply to induce second pulsed ultrasonic energy in the tip, the second pulsed ultrasonic energy being generated based on a second modulation waveform that differs from the first modulation waveform as claimed.
However, Rhee teaches an ultrasonic instrument configured for effecting tissue dissecting, cutting, and/or coagulation during surgical procedures in the same field of endeavor (Abstract, Ps. [0004], [0055])
(claim 10) It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the ultrasonic surgical tool system of Modified Bly to include a control system configured to, responsive to determining that the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance (See Bly - - Fig. 3, step 314; Bly - - P. [0066]), set the AC drive signal generated by the power supply to induce second pulsed ultrasonic energy in the tip, the second pulsed ultrasonic energy being generated based on a second modulation waveform that differs from the first modulation waveform according to the teachings of Rhee because it would have been within the purview of a person having ordinary skill in the art to use the feedback provided to a user to actuate second pulsed ultrasonic energy in the tip, the second pulsed ultrasonic energy being generated based on a second modulation waveform that differs from the first modulation waveform since Rhee teaches that characteristics of the instrument and/or tissue parameters are measured and used to control operational aspects of the generator 102 and/or provide feedback to the user and (Rhee - - Ps. [0068], [0138] - - it is noted in P. [0068] - - actuation of continuous and pulsed ultrasonic energy are equally available responses to feedback regarding instrument/ tissue parameter such as whether the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance). A person having ordinary skill in the art would be further motivated to actuate, increase, decrease or otherwise change ultrasonic energy based on feedback regarding the ultrasonic instrument and/ or tissue such as, for example, indicating the ultrasonic instrument is in proximity to an anatomical feature designated as “critical” or “non-critical” (Bly - - Ps. [0008], [0063], [0064], [0066], [0084], [0095]; Rhee - - P. [0068], - - Electrical characteristics of the surgical instrument 104 and/or tissue may be measured and used to control operational aspects of the generator 102 and/or provided as feedback to the use …the processor may be configured to store and execute computer software program instructions to generate the output signal functions for driving various components of the surgical instruments 104, 108, such as the ultrasonic transducer component 120 and the end effectors 122, 125).
Regarding claim 11, Bly in view of Rhee and Rabiner discloses the system of claim 6, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the control system is configured to:
based on the tracked pose of the ultrasonic instrument in the known coordinate system relative to the virtual boundary, determine whether the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance and less than a second threshold distance (See Bly - - Fig. 3, step 314; Bly - - Ps. [0066], [0084] - - FIGS. 4-7 illustrate example surgical boundaries … The computing device may divide surgical boundaries 402, 404, and 406 into a first level and a second level. For instance, the computing system may receive input designating surgical boundaries 404 and 406 as a first level and surgical boundary 402 as a second level. Surgical boundary 402 divides the surgical pathway from the eyes, while surgical boundaries 404 and 406 divide the surgical pathway from less-critical skin and/or bone tissue; it is noted first level boundaries 404 and 406 make up a virtual boundary being greater than the first threshold distance set by boundary 403; a first pre-determined threshold distance (for the first surgical boundaries) may be 0 mm and a second pre-determined threshold distance (for the second surgical boundaries) may be 2 mm. Such different surgical boundaries may facilitate protecting “critical” anatomical features while also allowing the surgeon discretion during the surgical procedure)
Modified Bly does not explicitly disclose
(claim 11) wherein the first pulsed ultrasonic energy is generated based on a first modulation waveform … responsive to determining that the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance and less than the second threshold distance, set the AC drive signal generated by the power supply to induce second pulsed ultrasonic energy in the tip, the second pulsed ultrasonic energy being generated based on a second modulation waveform that differs from the first modulation waveform as claimed.
However, Rhee teaches an ultrasonic instrument configured for effecting tissue dissecting, cutting, and/or coagulation during surgical procedures in the same field of endeavor (Abstract, Ps. [0004], [0055])
(claim 11) It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the ultrasonic surgical tool system of Modified Bly to include a control system configured to, responsive to determining that the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance and less than the second threshold distance (See Bly - - Fig. 3, step 314; Bly - - P. [0066]), set the AC drive signal generated by the power supply to induce second pulsed ultrasonic energy in the tip, the second pulsed ultrasonic energy being generated based on a second modulation waveform that differs from the first modulation waveform according to the teachings of Rhee because it would have been within the purview of a person having ordinary skill in the art to use the feedback provided to a user to actuate second pulsed ultrasonic energy in the tip, the second pulsed ultrasonic energy being generated based on a second modulation waveform that differs from the first modulation waveform since Rhee teaches that characteristics of the instrument and/or tissue parameters are measured and used to control operational aspects of the generator 102 and/or provide feedback to the user and (Rhee - - Ps. [0068], [0138] - - it is noted in P. [0068] - - actuation of continuous and pulsed ultrasonic energy are equally available responses to feedback regarding instrument/ tissue parameter such as whether the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the first threshold distance and less than a second threshold distance). A person having ordinary skill in the art would be further motivated to actuate, increase, decrease or otherwise change ultrasonic energy based on feedback regarding the ultrasonic instrument and/ or tissue such as, for example, indicating the ultrasonic instrument is in proximity to an anatomical feature designated as “critical” or “non-critical” (Bly - - Ps. [0008], [0063], [0064], [0066], [0084], [0095]; Rhee - - P. [0068], - - Electrical characteristics of the surgical instrument 104 and/or tissue may be measured and used to control operational aspects of the generator 102 and/or provided as feedback to the use …the processor may be configured to store and execute computer software program instructions to generate the output signal functions for driving various components of the surgical instruments 104, 108, such as the ultrasonic transducer component 120 and the end effectors 122, 125).
Regarding claim 12, Bly in view of Rhee and Rabiner discloses the system of claim 11, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the control system is configured to:
based on the tracked pose of the ultrasonic instrument in the known coordinate system relative to the virtual boundary, determine whether the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the second threshold distance (See Bly - - Fig. 3, step 314; Bly - - Ps. [0066], [0082], [0097] - - FIGS. 4-7 illustrate example surgical boundaries … The computing device may divide surgical boundaries 402, 404, and 406 into a first level and a second level. For instance, the computing system may receive input designating surgical boundaries 404 and 406 as a first level and surgical boundary 402 as a second level. Surgical boundary 402 divides the surgical pathway from the eyes, while surgical boundaries 404 and 406 divide the surgical pathway from less-critical skin and/or bone tissue; the pre-determined threshold distance may be set at 0.5 millimeters (mm) or 1 mm. In other cases, the pre-determined threshold distance may be set at 0 mm; Many combinations of surgical instruments and pre-defined threshold distances are possible; it is noted first level boundaries 404 and 406 make up a virtual boundary being greater than the first threshold distance set by boundary 403 and it is further noted another threshold distance may be set at 0 mm, and as such, Bly encompasses or makes obvious at least three threshold distances); and
Modified Bly does not explicitly disclose
(claim 12) responsive to determining that the operative end of the tip is within the tumorous tissue region to be removed with the distance between the operative end of the tip and the virtual boundary being greater than the second threshold distance, set the AC drive signal generated by the power supply to induce continuous ultrasonic energy in the tip as claimed.
However, Rhee teaches an ultrasonic instrument configured for effecting tissue dissecting, cutting, and/or coagulation during surgical procedures in the same field of endeavor (Abstract, Ps. [0004], [0055])
(claim 12) It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the ultrasonic surgical tool system of Modified Bly to include a control system configured to, responsive to determining that the operative end of the tip is within the tumorous tissue region to be removed with the distance between the operative end of the tip and the virtual boundary being greater than the second threshold distance (See Bly - - Fig. 3, step 314; Bly - - P. [0066]), set the AC drive signal generated by the power supply to induce continuous ultrasonic energy in the tip according to the teachings of Rhee because it would have been within the purview of a person having ordinary skill in the art to use the feedback provided to a user to actuate second pulsed ultrasonic energy in the tip, the second pulsed ultrasonic energy being generated based on a second modulation waveform that differs from the first modulation waveform since Rhee teaches that characteristics of the instrument and/or tissue parameters are measured and used to control operational aspects of the generator 102 and/or provide feedback to the user and (Rhee - - Ps. [0068], [0138] - - it is noted in P. [0068] - - actuation of continuous and pulsed ultrasonic energy are equally available responses to feedback regarding instrument/ tissue parameter such as whether the operative end of the tip is within the tumorous tissue region with the distance between the operative end of the tip and the virtual boundary being greater than the second threshold distance). A person having ordinary skill in the art would be further motivated to actuate, increase, decrease or otherwise change ultrasonic energy based on feedback regarding the ultrasonic instrument and/ or tissue such as, for example, indicating the ultrasonic instrument is in proximity to an anatomical feature designated as “critical” or “non-critical” (Bly - - Ps. [0008], [0063], [0064], [0066], [0084], [0095]; Rhee - - P. [0068], - - Electrical characteristics of the surgical instrument 104 and/or tissue may be measured and used to control operational aspects of the generator 102 and/or provided as feedback to the use …the processor may be configured to store and execute computer software program instructions to generate the output signal functions for driving various components of the surgical instruments 104, 108, such as the ultrasonic transducer component 120 and the end effectors 122, 125).
Regarding claim 13, Bly in view of Rhee and Rabiner discloses the system of claim 10, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the first pulsed ultrasonic energy includes a plurality of first ultrasonic energy pulses interspaced by ultrasonic energy at a first minimum ultrasonic energy level, the second pulsed ultrasonic energy includes a plurality of second ultrasonic energy pulses interspaced by ultrasonic energy at a second minimum ultrasonic energy level, and the first minimum ultrasonic energy level is less than the second minimum ultrasonic energy level (Rhee- - P. [0068] - - In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings; it is noted it would have been within the purview of a person having ordinary skill in the art to use the claimed frequency or pattern of frequencies).
Regarding claim 14, Bly in view of Rhee and Rabiner discloses the system of claim 13, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein each of the first ultrasonic energy pulses and each of the second ultrasonic energy pulses peak at a maximum ultrasonic energy level set for the ultrasonic instrument (Rhee- - P. [0068] - - In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings; it is noted it would have been within the purview of a person having ordinary skill in the art to use the claimed frequency or pattern of frequencies).
Regarding claim 15, Bly in view of Rhee and Rabiner discloses the system of claim 14, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein first minimum ultrasonic energy level is greater than 10% of the maximum ultrasonic energy level, and the second minimum ultrasonic energy level is greater than 20% of the maximum ultrasonic energy level (Rhee- - P. [0068] - - In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings; it is noted it would have been within the purview of a person having ordinary skill in the art to use the claimed frequency or pattern of frequencies).
Regarding claim 16, Bly in view of Rhee and Rabiner discloses the system of claim 14, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the first ultrasonic energy pulses are interspaced by first periods of ultrasonic energy at the first minimum ultrasonic energy level and each peaks at the maximum ultrasonic energy level for a second period that is less than each of the first periods, the second ultrasonic energy pulses are interspaced by third periods of ultrasonic energy at the second minimum ultrasonic energy level and each peaks at the maximum ultrasonic energy level for a fourth period that is less than each of the third periods, and each of the first periods is greater than each of the third periods (Rhee- - P. [0068] - - In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings; it is noted it would have been within the purview of a person having ordinary skill in the art to use the claimed frequency or pattern of frequencies).
Regarding claim 17, Bly in view of Rhee and Rabiner discloses the system of claim 10, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the first pulsed ultrasonic energy has a first pulsing frequency, and the second pulsed ultrasonic energy has a second pulsing frequency that is less than the first pulsing frequency (Rhee- - P. [0068] - - In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings; it is noted it would have been within the purview of a person having ordinary skill in the art to use the claimed frequency or pattern of frequencies).
Regarding claim 18, Bly in view of Rhee and Rabiner discloses the system of claim 10, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the first pulsed ultrasonic energy has a first duty cycle and the second pulsed ultrasonic energy has a second duty cycle that is greater than the first duty cycle (Rhee- - P. [0068] - - In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings; it is noted it would have been within the purview of a person having ordinary skill in the art to use the claimed frequency or pattern of frequencies).
Regarding claim 19, Bly in view of Rhee and Rabiner discloses the system of claim 6, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the control system is configured to:
based on the tracked pose of the ultrasonic instrument in the known coordinate system, determine whether an operative end of the tip reaches or crosses the virtual boundary from the tumorous tissue region (See Bly - - Fig. 3, step 314); and
Modified Bly does not explicitly disclose
(claim 19) wherein the first pulsed ultrasonic energy is generated based on a first modulation waveform … responsive to determining that the operative end of the tip reaches or crosses the virtual boundary from the tumorous tissue region, set the AC drive signal generated by the power supply to induce third pulsed ultrasonic energy in the tip, the third pulsed ultrasonic energy being generated based on a modulation waveform that differs from the first pulsed ultrasonic energy as claimed.
However, Rhee teaches an ultrasonic instrument configured for effecting tissue dissecting, cutting, and/or coagulation during surgical procedures in the same field of endeavor (Abstract, Ps. [0004], [0055])
(claim 19) It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the ultrasonic surgical tool system of Modified Bly to include a control system configured to, responsive to determining that the operative end of the tip reaches or crosses the virtual boundary from the tumorous tissue region (See Bly - - Fig. 3, step 314), set the AC drive signal generated by the power supply to induce third pulsed ultrasonic energy in the tip, the third pulsed ultrasonic energy being generated based on a modulation waveform that differs from the first pulsed ultrasonic energy according to the teachings of Rhee because it would have been within the purview of a person having ordinary skill in the art to use the feedback provided to a user to actuate second pulsed ultrasonic energy in the tip, the second pulsed ultrasonic energy being generated based on a second modulation waveform that differs from the first modulation waveform since Rhee teaches that characteristics of the instrument and/or tissue parameters are measured and used to control operational aspects of the generator 102 and/or provide feedback to the user (Rhee- - P. [0068] - - In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings; it is noted it would have been within the purview of a person having ordinary skill in the art to use the claimed frequency or pattern of frequencies). A person having ordinary skill in the art would be further motivated to actuate, increase, decrease or otherwise change ultrasonic energy based on feedback regarding the ultrasonic instrument and/ or tissue such as, for example, indicating the ultrasonic instrument is in proximity to an anatomical feature designated as “critical” or “non-critical” (Bly - - Ps. [0008], [0063], [0064], [0066], [0084], [0095]; Rhee - - P. [0068], - - Electrical characteristics of the surgical instrument 104 and/or tissue may be measured and used to control operational aspects of the generator 102 and/or provided as feedback to the use …the processor may be configured to store and execute computer software program instructions to generate the output signal functions for driving various components of the surgical instruments 104, 108, such as the ultrasonic transducer component 120 and the end effectors 122, 125).
Regarding claim 20, Bly in view of Rhee and Rabiner discloses the system of claim 19, Bly in view of Rhee and Rabiner further encompassing or making obvious wherein the third pulsed ultrasonic energy includes a plurality of third ultrasonic energy pulses interspaced by ultrasonic energy at a third minimum ultrasonic energy level and each peaking at a maximum ultrasonic energy level set for the ultrasonic instrument, the third minimum ultrasonic energy level being less than or equal to 5% of the maximum ultrasonic energy level (Rhee- - P. [0068] - - In certain aspects, the specific drive signal configuration may be controlled based upon, for example, EEPROM settings in the generator 102 and/or user power level selection(s). In certain aspects, a two-position switch may be provided as an alternative to a toggle button 134c. For example, a surgical instrument 104 may include a toggle button 134a for producing a continuous output at a maximum power level and a two-position toggle button 134b. In a first position, toggle button 134b may produce a continuous output at a less than maximum power level, and in a second position the toggle button 134b may produce a pulsed output (e.g., at either a maximum or less than maximum power level, depending upon the EEPROM settings; it is noted it would have been within the purview of a person having ordinary skill in the art to use the claimed frequency or pattern of frequencies).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KANKINDI RWEGO whose telephone number is (303)297-4759. The examiner can normally be reached Monday- Friday: 10:00- 5:00 MT.
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, (Jackie) Tan-Uyen Ho can be reached at 571 272-4696. 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.
/KANKINDI RWEGO/Primary Examiner, Art Unit 3771