DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. 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.
Claim Rejections - 35 USC § 102
3. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
4. Claims 1-2, 4-9, 11, 13-16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelton U.S. 2019/0201085 (herein referred to as “Shelton 2019”).
5. Regarding Claim 1, Shelton 2019 teaches a surgical system (Fig. 5), comprising:
a. an evacuation module (Fig. 5, ref num 50326) that includes a motor (Fig. 5, ref num 50328) and a pump drivable by the motor (para 0192, “the smoke evacuator 50326 can include one or more sensors 50327, and can also include a pump and a pump motor controlled by a motor driver 50328”) to draw smoke from a patient (para 0192, “smoke extraction efficiency and/or reduce device smoke output”); and
b. a controller (Fig. 5, ref num 50308) operable to:
b.1 receive a first input indicative of a type of surgical instrument (para 0364, “various surgical devices can communicate information directly to the smoke evacuation system and/or indirectly through the centralized hub”; para 0364, “the centralized hub can store information relevant to the surgical procedure and/or the activated surgical device. Such information can include, for example, the anticipated amount of smoke produced during the particular surgical procedure and may use the particular surgical device and/or information relevant”; para 0271, “Sensors and/or inputs throughout a computer-implemented interactive surgical system can be employed to determine and/or confirm the surgical device utilized in the surgical procedure”);
b.2 receive a second input indicative of a power level of the surgical instrument (para 0364, “The centralized hub can detect current through a surgical energy device and/or sense a change in the power draw of the generator for communication to the smoke evacuation system”); and
b.3 set a motor speed of the motor based on the first and second inputs (para 0364, “Receiving such information can allow the smoke evacuation system to anticipate a particular rate of smoke evacuation to more efficiently move smoke and/or contaminants out of the surgical site”; para 0366).
6. Regarding Claim 2, Shelton 2019 teaches the motor speeds is a first motor speed and the controller is further operable to: receive a third input indicative of an adjustment to the power level of the surgical instrument; and adjust the first motor speed to a second motor speed different than the first motor speed based on the third input (para 0438).
7. Regarding Claim 4, Shelton 2019 teaches a display (Fig. 41, ref num 135), wherein the controller is operable to receive the first and second inputs via the display (para 0437).
8. Regarding Claim 5, Shelton 2019 teaches an energy module operable to provide power to the surgical instrument, the controller being operable to receive the first input based on the surgical instrument being coupled to the energy module (para 0364); and a display, wherein the controller is operable to receive the second input via the display (para 0437).
9. Regarding Claim 6, Shelton 2019 teaches the surgical instrument comprises an ultrasonic surgical instrument (para 0473, “an ultrasonic device 148”).
10. Regarding Claim 7, Shelton 2019 teaches the surgical instrument comprises a radio frequency (RF) surgical instrument (para 0158, “Energy devices include devices with tissue-contacting electrodes, such as an electrosurgical device having one or more radio frequency (RF) electrodes”).
11. Regarding Claim 8, Shelton 2019 teaches a surgical system (Figs. 5, 6, 7, 48), comprising:
a. an energy module operably couplable with a surgical instrument (Fig. 7, ref num 50640 and 50630);
b. an evacuation module positionable in a stacked configuration with the energy module (Fig. 48, ref num 126; , the evacuation module including a motor (Fig. 5, ref num 50328) and a pump drivable by the motor (para 0192, “the smoke evacuator 50326 can include one or more sensors 50327, and can also include a pump and a pump motor controlled by a motor driver 50328”) to draw smoke from a patient (para 0192, “smoke extraction efficiency and/or reduce device smoke output”); and
c. a controller, operable to:
c.1 detect the surgical instrument being coupled with the energy module (para 0364, “various surgical devices can communicate information directly to the smoke evacuation system and/or indirectly through the centralized hub”; para 0364, “the centralized hub can store information relevant to the surgical procedure and/or the activated surgical device. Such information can include, for example, the anticipated amount of smoke produced during the particular surgical procedure and may use the particular surgical device and/or information relevant”; para 0271, “Sensors and/or inputs throughout a computer-implemented interactive surgical system can be employed to determine and/or confirm the surgical device utilized in the surgical procedure”);
c.2 determine a type of the surgical instrument based on the detection (para 0364, “various surgical devices can communicate information directly to the smoke evacuation system and/or indirectly through the centralized hub”; para 0364, “the centralized hub can store information relevant to the surgical procedure and/or the activated surgical device. Such information can include, for example, the anticipated amount of smoke produced during the particular surgical procedure and may use the particular surgical device and/or information relevant”; para 0271, “Sensors and/or inputs throughout a computer-implemented interactive surgical system can be employed to determine and/or confirm the surgical device utilized in the surgical procedure”);
c.3 receive an input indicative of a power level of the surgical instrument (para 0364, “The centralized hub can detect current through a surgical energy device and/or sense a change in the power draw of the generator for communication to the smoke evacuation system”); and
c.4 set a motor speed of the motor based on the type of the surgical instrument and the power level (para 0364, “Receiving such information can allow the smoke evacuation system to anticipate a particular rate of smoke evacuation to more efficiently move smoke and/or contaminants out of the surgical site”; para 0366).
12. Regarding Claim 9, Shelton 2019 teaches the motor speed is a first motor speed and the controller is further operable to: receive a third input indicative of an adjustment to the power level of the surgical instrument; and adjust the first motor speed to a second motor speed different than the first motor speed based on the third input (para 0438).
13. Regarding Claim 11, Shelton 2019 teaches a display (Fig. 41, ref num 135), wherein the controller is operable to receive the first and second inputs via the display (para 0437).
14. Regarding Claim 13, Shelton 2019 teaches the surgical instrument comprises an ultrasonic surgical instrument (para 0473, “an ultrasonic device 148”).
15. Regarding Claim 14, Shelton 2019 teaches the surgical instrument comprises a radio frequency (RF) surgical instrument (para 0158, “Energy devices include devices with tissue-contacting electrodes, such as an electrosurgical device having one or more radio frequency (RF) electrodes”).
16. Regarding Claim 15, Shelton 2019 teaches a method comprising:
a. receiving a first input indicative of a type of surgical instrument (para 0364, “various surgical devices can communicate information directly to the smoke evacuation system and/or indirectly through the centralized hub”; para 0364, “the centralized hub can store information relevant to the surgical procedure and/or the activated surgical device. Such information can include, for example, the anticipated amount of smoke produced during the particular surgical procedure and may use the particular surgical device and/or information relevant”; para 0271, “Sensors and/or inputs throughout a computer-implemented interactive surgical system can be employed to determine and/or confirm the surgical device utilized in the surgical procedure”);
b. receiving a second input indicative of a power level of the surgical instrument (para 0364, “The centralized hub can detect current through a surgical energy device and/or sense a change in the power draw of the generator for communication to the smoke evacuation system”); and
c. setting a motor speed of the motor based on the first and second inputs (para 0364, “Receiving such information can allow the smoke evacuation system to anticipate a particular rate of smoke evacuation to more efficiently move smoke and/or contaminants out of the surgical site”; para 0366).
17. Regarding Claim 16, Shelton 2019 teaches the method of claim 15, as well as the motor speed is a first motor speed and the controller is further operable to: receive a third input indicative of an adjustment to the power level of the surgical instrument; and adjust the first motor speed to a second motor speed different than the first motor speed based on the third input (para 0438).
18. Regarding Claim 19, Shelton 2019 teaches the method of claim 15, as well as receiving the second input indicative of the power level of the surgical instrument comprises receiving the second input indicative of the power level of the surgical instrument via a display (Fig. 41, ref num 135; para 0437).
Claim Rejections - 35 USC § 103
19. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
20. Claims 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Shelton 2019 and in view of Shelton U.S. 2022/0259097 (herein referred to as “Shelton 2022”).
21. Regarding Claim 3, Shelton 2019 teaches the controller includes a memory that stores a look-up table (para 0537, “a memory 468 may store a technique, an equation, and/or a lookup table which can be employed by the microcontroller 461 in the assessment”).
Shelton 2019 fails to teach the controller is further operable to retrieve, from the look-up table, the motor speed based on the first and second inputs.
Shelton 2022 teaches a system of analogous art (Fig. 14), wherein the system includes a look-up table that retrieves information based on inputs to the system (para 0331, “the situational awareness system can include a lookup table storing pre-characterized contextual information regarding a surgical procedure in association with one or more inputs (or ranges of inputs) corresponding to the contextual information”). This allows for the system to be controlled based on these inputs (para 0331, “In response to a query with one or more inputs, the lookup table can return the corresponding contextual information for the situational awareness system for controlling the modular devices”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Shelton 2019 with the lookup table in Shelton 2022 to retrieve the information, such as motor speed, based on inputs to the system, as this produces the same expected result of controlling the system based on these inputs.
22. Regarding Claim 10, Shelton 2019 teaches the controller includes a memory that stores a look-up table (para 0537, “a memory 468 may store a technique, an equation, and/or a lookup table which can be employed by the microcontroller 461 in the assessment”).
Shelton 2019 fails to teach the controller is further operable to retrieve, from the look-up table, the motor speed based on the first and second inputs.
Shelton 2022 teaches a system of analogous art (Fig. 14), wherein the system includes a look-up table that retrieves information based on inputs to the system (para 0331, “the situational awareness system can include a lookup table storing pre-characterized contextual information regarding a surgical procedure in association with one or more inputs (or ranges of inputs) corresponding to the contextual information”). This allows for the system to be controlled based on these inputs (para 0331, “In response to a query with one or more inputs, the lookup table can return the corresponding contextual information for the situational awareness system for controlling the modular devices”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Shelton 2019 with the lookup table in Shelton 2022 to retrieve the information, such as motor speed, based on inputs to the system, as this produces the same expected result of controlling the system based on these inputs.
23. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Shelton 2019, Shelton 2022, and further in view of Henderson U.S. 2020/0106220 (herein referred to as “Henderson”).
24. Regarding Claim 12, Shelton 2019 teaches the energy module comprises a plurality of ports and: detecting the surgical instrument being coupled with the energy module comprises detecting the surgical instrument being coupled with a port of the plurality of ports; and determining the type of the surgical instrument comprises determining a type of the port to which the surgical instrument is coupled to.
Henderson teaches a system of analogous art, wherein the system comprises a plurality of ports of an energy module (Fig. 5, ref num 145 has a plurality of ports), such that the system detects a surgical instrument being coupled with the energy module (para 0426, “The mechanical/electrical sensing port receptacles 16930, 16938, 16946 then provide a signal to a control circuits of the energy module 2004 (FIGS. 24-30) indicating the specific type of instrument that is connected to the energy module 2004”), such that determining the type of surgical instrument comprises determining a type of the port to which the instrument is coupled to (para 0426, “can be used to detect and identify different types of instrument plugs”). By distinguishing the type of instrument/port connected to the energy module, the controller may apply the proper treatment (para 0426). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Shelton 2019 to detect the type of instrument based on the type of port in order to deliver the proper treatment to the area.
25. Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Shelton 2019 and further in view of Henderson
26. Regarding Claims 17 and 18, Shelton 2019 teaches the method of claim 15, but fails to teach the first input indicative of the type of a surgical instrument comprises: detecting the surgical instrument being coupled with an energy module; and determining the type of the surgical instrument based on the detection; and detecting the surgical instrument being coupled with the energy module comprises: detecting the surgical instrument being coupled with a port of a plurality of ports; and determining the type of the surgical instrument comprises determining as type of the port to which the surgical instrument is coupled to.
Henderson teaches a system of analogous art, wherein the system comprises a plurality of ports of an energy module (Fig. 5, ref num 145 has a plurality of ports), such that the system detects a surgical instrument being coupled with the energy module (para 0426, “The mechanical/electrical sensing port receptacles 16930, 16938, 16946 then provide a signal to a control circuit of the energy module 2004 (FIGS. 24-30) indicating the specific type of instrument that is connected to the energy module 2004”), such that determining the type of surgical instrument comprises determining a type of the port to which the instrument is coupled to (para 0426, “can be used to detect and identify different types of instrument plugs”). By distinguishing the type of instrument/port connected to the energy module, the controller may apply the proper treatment (para 0426). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Shelton 2019 to detect the type of instrument based on the type of port in order to deliver the proper treatment to the area.
Conclusion
27. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNIE L SHOULDERS whose telephone number is (571)272-3846. The examiner can normally be reached Monday-Friday (alternate Fridays) 8AM-5PM EST.
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 571-272-1213. 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.
/ANNIE L SHOULDERS/Examiner, Art Unit 3794
Prosecution Insights