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 .
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 § 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.
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.
Claims 1, 3-12, 14-15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over El-Galley et al. (US 2005/0143724) in view of Berry et al. (US 2015/0257814).
Regarding claim 1, El-Galley discloses an electrosurgical system (see Fig. 1), comprising: an electrosurgical instrument operable in a plurality of modes (see electrosurgical instruments 20-20’’’, [0043], Fig. 1); a footswitch assembly comprising a plurality of footswitches configured to activate the plurality of modes (see footswitch assembly 16 configured to activate the plurality of modes, [0053]-[0055], Figs. 1 and 9-10), the plurality of footswitches associated with a plurality of activation signals (see signals associated with the right or left pedal of foot control 16, [0047]-[0048]), respectively, wherein the footswitch assembly outputs an activation signal of the plurality of activation signals based on activation of one of the plurality of footswitches (see [0047]-[0048]); and an electrosurgical generator (see central controller unit 12, Fig. 2) comprising: a footswitch interface for receiving the activation signal from the footswitch assembly (see footpedal connector 44; [0040], Fig. 2); memory storing a mapping between the plurality of activation signals and the plurality of modes (see [0036] and [0043]), wherein the electrosurgical generator is operable in a mapping mode during which the mapping is established (see [0047]-[0048]); a signal source configured to generate a signal based on a mode mapped to the activation signal (see signals applied to the electrosurgical devices, [0061]); and one or more instrument ports coupling the electrosurgical instrument to the electrosurgical generator and transmitting radiofrequency waveforms to the electrosurgical instrument (see channel connectors 36, 38, 40, and 42; [0062], Fig. 2), the electrosurgical instrument being one of a plurality of instrument types accepted by at least one of the one or more instrument ports (see [0062] and Figs. 1-2). However, El-Galley fails to specifically disclose the source as being a radiofrequency source configured to generate a radiofrequency waveform based on a mode mapped to the activation signal.
Berry teaches an electrosurgical system (see Fig. 1) comprising a radio frequency power source (see electrosurgical units 102A-102N/102A’-102N’, Fig. 1) configured to output a radio frequency waveform for a plurality of modes (see [0048]-[0051] and [0078]-[0080]). 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 the electrosurgical generator as disclosed by El-Galley to comprise a radio frequency source configured to generate a radiofrequency waveform based on a mode mapped to the activation signal in light of Berry, since the modification would have only produced the predictable result of providing energy capable of monopolar or bipolar cutting/shearing/coagulation modes (see Berry [0048] and [0078-[0079]).
Regarding claim 3, El-Galley further discloses wherein the footswitch interface includes a footswitch port configured to receive a connector of the footswitch assembly (see footpedal connector 44 to receive the connector of the footswitch; [0040], Fig. 2).
Regarding claim 4, El-Galley further discloses wherein at least one of the electrosurgical instrument, or the electrosurgical generator comprises a user input element that causes the electrosurgical generator to be placed in the mapping mode when activated (see [0052], and [0045]-[0048] and [0065], respectively).
Regarding claim 5, El-Galley further discloses wherein the footswitch assembly is mappable to any electrosurgical instrument coupled to any of the one or more instrument ports (see [0035]).
Regarding claim 6, El-Galley further discloses wherein the one or more instrument ports includes at least one monopolar instrument port and at least one bipolar instrument port (see [0034], [0043], [0046]).
Regarding claim 7, El-Galley further discloses an electrosurgical system (see Fig. 1), comprising: an electrosurgical instrument (see electrosurgical instruments 20-20’’’, [0043], Fig. 1) comprising a plurality of user input elements configured to activate a plurality of operational modes (see pressing switches 120,122 in [0052], Fig. 8); a footswitch assembly comprising a plurality of footswitches configured to activate the plurality of operational modes (see footswitch assembly 16 configured to activate the plurality of modes, [0053]-[0055], Figs. 1 and 9-10), the plurality of footswitches associated with a plurality of activation signals, respectively (see signals associated with the right or left pedal of foot control 16, [0047]-[0048]); and an electrosurgical generator (see central controller unit 12, Fig. 2) comprising: memory storing a mapping between the plurality of activation signals and the plurality of operational modes (see [0036] and [0043]), wherein the electrosurgical generator is operable in a mapping mode during which the mapping is established (see [0047]-[0048]); a footswitch interface configured to receive an activation signal of the plurality of activation signals from the footswitch assembly (see footpedal connector 44; [0040], Fig. 2), the activation signal corresponding to an operational mode as defined by the mapping (see [0047]-[0048]); a signal source configured to generate a signal based on the operational mode (see signals applied to the electrosurgical devices, [0061]); and one or more instrument ports configured to transmit the radiofrequency waveform to the electrosurgical instrument (see channel connectors 36, 38, 40, and 42; [0062], Fig. 2), the electrosurgical instrument being one of a plurality of instrument types compatible with at least one of the one or more instrument ports (see [0062] and Figs. 1-2). However, El-Galley fails to specifically disclose the source as being a radiofrequency source configured to generate a radiofrequency waveform based on the operational mode.
Berry teaches an electrosurgical system (see Fig. 1) comprising a radio frequency power source (see electrosurgical units 102A-102N/102A’-102N’, Fig. 1) configured to output a radio frequency waveform for a plurality of modes (see [0048]-[0051] and [0078]-[0080]). 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 the electrosurgical generator as disclosed by El-Galley to comprise a radiofrequency source configured to generate a radiofrequency waveform based on the operational mode in light of Berry, since the modification would have only produced the predictable result of providing energy capable of monopolar or bipolar cutting/shearing/coagulation modes (see Berry [0048] and [0078-[0079]).
Regarding claims 8-12, 14-15 and 17-20, El-Galley in view of Berry further teaches the limitations of these claims under the same citations and rationale as relied upon in the rejection of the claims above.
Claims 2, 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over El-Galley in view of Berry and in further view of Krause et al. (US 2008/0262476).
Regarding claims 2, 13 and 16, El-Galley in view of Berry teaches the limitations of claims 1, 7, and 15, however El-Galley in view of Berry fails to teach wherein the footswitch interface includes a wireless receiver, and the footswitch assembly includes a corresponding wireless transmitter.
Krause teaches an electrosurgical system (see Fig. 1) comprising foot switches that are either wired or wirelessly connected to the central control system (see [0009] and [0039]). Therefore, it would have obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the footswitch interface and assembly as taught by El-Galley in view of Berry such that the footswitch interface includes a wireless receiver, and the footswitch assembly includes a corresponding wireless transmitter in light of Krause, since the modification would have been a matter of simple substitution to one of ordinary skill in the art for the purpose of connecting the footswitch to a main control console, with the added benefit of reducing the amount of cords in the operating room (see Krause [0009] and [0039]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN W COLLINS whose telephone number is (408)918-7607. The examiner can normally be reached M-F 9:00 AM-5:00 PM ET.
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/SEAN W COLLINS/Primary Examiner, Art Unit 3794
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