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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 lacks proper antecedent basis for “the cable accessory” and for “the one or more electrode attachments”.
Claim Rejections - 35 USC § 102
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jackson et al (5,383,874).
Regarding claim 1, Jackson et al provide a control console configured for ablation (Figure 1, it is noted the device is inherently capable of ablating nerves) comprising a display (Figure 1), an interface configured to receive attachments for RF ablation (figure 1) and to facilitate connection between a memory device of each attachment (i.e. catheter) and the controller. Each memory device has a unique identification code to identify the device and is usage data (Abstract). A controller is coupled to the display and the interface and is configured to read and store the identification code and usage data associated with the attachment (i.e. catheter) received at the interface, process the stored identification code and usage data, and generate a digital representation of the processed identification and usage data on the display. See, for example, columns 6 through 9 which discloses the use of a memory component on each catheter device, the reading of the code, including usage data, the storing of the identification and usage data and the display of processed identification and usage data (e.g. “Use Not Permitted”).
Regarding claim 2, the control console is configured to read and store the identification and usage data at different times to generate a cumulative database of the stored data (col. 7, lines 44-67 and col. 8, line 59 to col. 9, line 24). Regarding claim 3, the controller is configured to process the stored identification code and usage data in the cumulative database (e.g. look-up table). Regarding claim 4, each memory device has a stored authentication data associated with authorization of use of the device (col. 7, lines 7-55, for example). Regarding claim 5, the attachments (i.e. catheters) are an electrode attachment (e.g. catheters having electrodes). Regarding claim 6, the attachments (i.e. catheters) are a cable accessory configured to interconnect one or more electrode attachments to the control console. That is, the cable accessory is the memory carried within the handle (which is attached to the cable) and interconnects one or more electrodes on the catheter to the control console. Regarding claim 7, the usage data is associated with the usage of the cable accessory (i.e. counts the number of uses). Regarding claim 8, the controller is configured to detect an operating error (e.g. unacceptable code or expired usage data) and associate the operating error with the identification data and generate the digital representation (e.g. “Use Permitted” or “Use Not Permitted”). Regarding claim 9, the controller is further configured to write usage data to the memory device (col. 9, lines 1-11, for example). Regarding claim 10, the controller is configured to retain the identification and usage data associated with the attachments in memory after the attachments are disconnected (e.g. “look-up table”). Regarding claim 11, there is an RF generator to generate RF signals to the attachments (i.e. catheters).
Regarding claim 12, Jackson et al disclose a method for operating a control console configured for RF ablation, the console comprising a display, a controller and an interface configured to receive attachments (i.e. catheters) adapted for RF nerve ablation as addressed with respect to claim 1 above. Each attachment has a memory device (Abstract) having stored thereon identification data identifying the attachment and usage data (Abstract). The method comprises the steps of reading the identification and usage data, storing the identification and usage data, processing the stored data and generating a digital representation of the processed data provided to the display. See, for example, columns 6-9 of Jackson et al which discloses each of these features.
Regarding claim 13, the identification and usage data is updated each time the device is attached (i.e. at different times) and the storing of the data is updated each time the device is attached to create a cumulative database that includes a look-up table and a running tab of the number of uses of the device. Regarding claim 14, the data is organized in the cumulative database (e.g. look-up table and use criteria table which tracks the number of uses). Regarding claim 15, each memory device has stored thereon authentication data associated with authorization of use of the attachment (i.e. catheter, as disclosed at column 7, lines 7-55). Regarding claim 16, the usage data is associated with usage of the cable accessory with the control and/or usage of the accessory (i.e. memory) with the one or more electrode attachments. Regarding claim 17, the control console also detects an operating error (e.g. an unacceptable code or an excessive number of uses) and generates an operating error for the display (e.g. “Use Not Permitted”). Regarding claim 18, the control console also writes usage data to the memory device (col. 9, lines 1-16, for example). Regarding claim 19, the console has a memory that stores identification and usage data associated with the attachments (i.e. look-up table entry for each device). Regarding claim 20, the control console includes an RF generator for delivering RF energy to the attachments (i.e. catheters).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Denen et al (5,400,267) discloses another RF device having a memory chip to identify the device that is attached to a treatment console. In particular, Denen et al teach the memory chip may be provided in the device (Figure 1) or in a cable accessory (Figure 2) for attachment to the device and the treatment console. Panescu et al (6,165,169) and Qin et al (6,464,689) disclose other systems that provide an identification means on devices for use with the system. Both Panescu et al and Qin et al provide a display as well as a memory means to track the devices being connected to the system and the amount of usage of the attached devices. Edwards et al (7,122,031) disclose another system that may attach a variety of devices to the display/console, and specifically teach the device may be used to ablate nerve tissue (col. 23, lines 13-25, for example).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PEFFLEY whose telephone number is (571)272-4770. The examiner can normally be reached Mon-Fri 8 am-5 pm.
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.
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
/M.F.P/September 8, 2026
Prosecution Insights