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 Objections
Claim 1 is objected to because of the following informalities: “a reference signal defining shape” in line 7 should be amended to --a reference signal defining a shape--. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: “the half-wave oscillation” in lines 3-4 should be amended to --the half-wave oscillations--. Appropriate correction is required.
Claims 17 and 18 are objected to because of the following informalities: “Method of operating” in line 1 should be amended to --A method of operating--. 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.
Claims 3 and 8-16 are 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 3 recites the limitation "the data fields" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the frequency range" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claims 8-14 and 16 are rejected by virtue of their dependency on an indefinite base claim.
Allowable Subject Matter
Claims 2 and 4-7 are allowed.
Claims 3 and 8-16 would be allowable if rewritten or amended 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.
Claims 1 and 17-18 are objected to as containing minor informalities, but would be allowable if rewritten to overcome these objections.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art, Friedrichs et al. (US 20170209202) and Kraus (US 20220094278), fails to reasonably teach or suggest wherein the reference signal is defined by a datagram, the datagram comprising a finite series of sequenced amplitude and frequency data vectors for a defined number of periods when considered in combination with the additional requirements of the claims. The closest prior art teaches an electrosurgical generator designed to output a HF AC voltage using a multi-level inverted controlled by a reference signal, however fails to further provide for a datagram having sequenced amplitude and frequency data vectors for a number of periods as required by the claims.
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