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
Claim16 is objected to because of the following informalities:
Claim 16 recites “the machine-readable coded format” in line 3, which should read “the machine readable coded format” in order to provide proper antecedent basis for the limitation in claim thirteen.
Claim 16 recites “sending configuration data” in line 4, which should read “sending the configuration data” in order to provide proper antecedent basis for the limitation in claim thirteen.
Appropriate correction is required.
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 recites the limitation "reading data" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim in light of the recitation of “presenting configuration data … in machine readable coded format” in lines 13-14 of claim thirteen. It is not clear if the recitation “data” in claim 16 is referring to the configuration data in claim 13 or additional data.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 11-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Cunningham et al (2013/0041368) in view of Robert H. Wham (2015/0088124) and McErlean et al (2022/0357391).
Referring to claims 1, 12 and 13, Cunningham et al teaches a surgical generator configured to output a high-frequency alternating voltage to a surgical instrument (paragraphs 0011-0012, 0026 and 0027 and 0033; Figure 3) comprising a control unit (300 and 600) and a user interface (140/142/180) for user input and output being functionally connected to the control unit (paragraphs 0026-0027, 0040-0042 and 0045), the control unit (300) being configured for controlling the surgical generator based on a set of functions (paragraphs 0026-0030) comprising a signaling interface (paragraphs 0027 and 0040) configured to enable communication between the control unit (300/600) and a remote control (200), the signaling interface being configured for optical signaling in a bidirectional manner to and from the remote control, the signaling interface being connected to the control unit and being configured to change a configuration of the control unit and/or the surgical generator dependent on communication received from the remote control (paragraphs 0027-0047; Figures 1-4).
Cunningham et al specifically teaches [e]mbodiments of the present disclosure may include an augmented reality (AR) control system 610 as shown in FIGS. 5-6 (paragraph 0040) and that [t]he microcontroller 650 may supplant, complement, or supplement the control circuitry 305 of the RC surgical instrument 10 shown in FIG. 4. Cunningham et al teaches wherein the optical signaling interface (paragraphs 0027 and 0040) comprises two distinct channels: a first transmitting channel for outbound communication, and a second receiving channel for inbound communication from the remote control (paragraphs 0027 and 0040).
Cunningham et al fails to teach an inverter generating high-frequency alternating voltage which is output to an output socket for connection of the surgical instrument. Wham teaches an analogous surgical generator (102) configured to output a high-frequency alternating voltage to a surgical instrument (110 or 130) comprising an inverter (232) generating high-frequency alternating voltage which is output to an output socket (shown but not labeled in Figures 1 and 2) for connection of the surgical instrument (paragraphs 0046 and 0049-0050; Figures 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrosurgical generator, as taught by Cunningham et al, to include an inverter generating high-frequency alternating voltage which is output to an output socket for connection of the surgical instrument, as taught by Wham, in order to provide a frequency suitable for an electrosurgical procedure (paragraph 0050).
Cunningham et al teaches wherein the first transmitting channel comprises a data field on the electronic display (140) of the user interface of the surgical generator (paragraphs 0010, 0026-0027, 0033, 0040 and 0045), however fails to expressly teach that the data field showing configuration data of the surgical generator in a machine readable coded format. McErlean et al teaches an analogous optical signaling interface (110) for use with a surgical generator comprising a transmitting channel comprising a data field on the electric display (20) of the user interface wherein the data field is showing configuration data of the surgical generator in a machine readable coded format (19) (paragraphs 0106 and 0121; Figures 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first transmitting channel comprising a data field on the electronic display, as taught by Cunningham et al, to show configuration data of the surgical generator in a machine readable coded format, as taught by McErlean et al, in order to export summary data to any suitable device (paragraph 0121).
Referring to claim 11, Cunningham et al teaches wherein the signaling interface is configured to restrict the set of functions available by the control unit (paragraphs 0027-0040; Figures 1-4).
Referring to claim 15, Cunningham et al teaches receiving communication data via a photosensitive sensor (paragraphs 0026-0028, 0041 and 0047).
Response to Arguments
Applicant's arguments filed March 30, 2026 have been fully considered but they are not persuasive. In light of the amendments of March 30, 2026 new grounds of rejection have been made and therefore the arguments in view of Danziger are moot. Cunningham et al teaches wherein the first transmitting channel comprises a data field on the electronic display (140) of the user interface of the surgical generator (paragraphs 0010, 0026-0027, 0033, 0040 and 0045), however fails to expressly teach that the data field showing configuration data of the surgical generator in a machine readable coded format. McErlean et al teaches an analogous optical signaling interface (110) for use with a surgical generator comprising a transmitting channel comprising a data field on the electric display (20) of the user interface wherein the data field is showing configuration data of the surgical generator in a machine readable coded format (19) (paragraphs 0106 and 0121; Figures 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first transmitting channel comprising a data field on the electronic display, as taught by Cunningham et al, to show configuration data of the surgical generator in a machine readable coded format, as taught by McErlean et al, in order to export summary data to any suitable device (paragraph 0121).
Allowable Subject Matter
Claims 4-10 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 16 would additionally need to be rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA M GOOD whose telephone number is (571)270-7480. The examiner can normally be reached Mon to Wed, 7am to 3pm.
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/SAMANTHA M GOOD/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
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