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 .
Response to Amendment
The Amendments filed August 03, 2026 have been entered. Applicant’s amendments have overcome the claim objection and the 112(b) rejections previously set-forth in the Non-Final Rejection mailed on 02/05/2026. Currently, claims 1, 3-5, 7, 10-17 have been amended, claim 18 has been newly added, and claims 1-18 are pending in the application.
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.
Claims 1, 3-12, 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gilbert (U.S. Application No. 20150088117 A1), and further in view of Pearce (U.S. Patent No. 5973368 A).
Regarding independent claim 1, Gilbert discloses an electrosurgical generator (110) configured to output a high-frequency alternating voltage to an electrosurgical instrument (120) (pa. 0010, 0024 & Fig. 1), comprising
a power supply unit (210) (pa. 0026 & Figs. 2A-2C),
an inverter unit (232) configured to generate a high-frequency alternating voltage to output to at least one output socket configured to be connected to the electrosurgical instrument (pa. 0021, 0027),
a plurality of function modules (combination of top resonant matching network 244 and bottom resonant matching network 244 of circuit 400 seen in Fig. 4) configured for performing functions of the electrosurgical generator (pa. 0044, 0056), wherein
at least one of the function modules is configured to convey the high-frequency alternating voltage to the at least one output socket (pa. 0044, 0056 & Fig. 4),
each of the function modules individually include a galvanically separated (via switches) local operating power supply (i.e., Vs1 and Vs2, as seen in Fig. 4) comprising a transformer (430) (pa. 0056),
a base module (241) comprising an operating power distribution unit (248) configured to feed the local operating power supply of the plurality of function modules (pa. 0044, 0056), and wherein
the transformers are decentralized at each of the function modules (see upper transformer for the top resonant matching network 244 and lower transformer for the bottom resonant matching network 244 of the circuit 400 seen in Fig. 4), and
the operating power distribution unit is configured to distribute of the AC voltage to the function modules and the transformers of the function modules (pa. 0056).
Examiner will be interpreting “decentralized” as a system that distributes control, power, or data across many nodes or devices rather than concentrating it in a single central point.
However, Gilbert does not disclose a central AC generator generating an AC voltage.
Pearce, in the same field of endeavor, teaches a central AC generator (1.10) comprising a class-D amplifier (1.12) generating an AC voltage (i.e., high-frequency pulses) (Col. 2, lines 5-7; Col. 12, lines 5-7 & Fig. 1F).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the central AC generator of Pearce to the electrosurgical generator of Gilbert, specifically to provide AC voltage to the operating power distribution unit, due to their high efficiency which leads to reduced heat sinking, smaller size, and lighter weight device (Pearce, Col. 1, lines 38-43).
Regarding claim 3, Gilbert discloses the invention substantially as claimed in claim 1 discussed above.
However, Gilbert does not disclose the central AC generator comprises a central AC voltage stabilization unit.
Pearce, in the same field of endeavor, teaches the central AC generator comprising a central AC voltage stabilization unit (i.e., combination of regulators 1.38, 1.40, level shifters 1.42, 1.44) (Col. 12, lines 13-14; Col. 12, lines 58-61).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the central AC voltage stabilization unit in order to prevent damage to connected equipment and ensure consistent and safe power delivery.
Regarding claim 4, Gilbert discloses a feedback circuit (246) for an actual voltage output by the transformers (pa. 0045-0047).
However, Gilbert does not disclose the output of the feedback circuit is provided as an input for the central AC voltage stabilization unit.
Pearce, in the same field of endeavor, teaches a bridge driver circuit including control logic circuits (analogous to the feedback circuit) for sensing the temperature, voltage, and current (Col. 12, lines 9-11). The feedback from the control logic circuits are inputted into the central AC voltage stabilization unit (i.e., combination of regulators 1.38, 1.40, level shifters 1.42, 1.44) provided in the central AC generator (Col. 12, lines 13-14; Col. 12, lines 58-61).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the central AC voltage stabilization unit in order to prevent damage to connected equipment and ensure consistent and safe power delivery.
Regarding claims 5-6, Gilbert discloses the invention substantially as claimed in claim 1 discussed above.
However, Gilbert does not disclose wherein the central AC generator is an audio-type amplifier, specifically wherein the audio-type amplifier is a class-D amplifier.
Pearce, in the same field of endeavor, teaches the central AC generator (1.10) comprising the audio class-D amplifier (1.12) generating an AC voltage (i.e., high-frequency pulses) (Col. 2, lines 5-7; Col. 12, lines 5-7 & Fig. 1F).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the central AC generator of Pearce to the electrosurgical generator of Gilbert due to their high efficiency which leads to reduced heat sinking, smaller size, and lighter weight device (Pearce, Col. 1, lines 38-43).
Regarding claim 7, Gilbert discloses the invention substantially as claimed in claim 1 discussed above.
However, Gilbert does not disclose wherein the class-D amplifier operates a full-bridge as an output stage for the AC voltage generated.
Pearce, in the same field of endeavor, teaches the amplifier further comprises a full bridge for driving a speaker in both directions from a neutral ground position to a high referenced voltage or to a low referenced voltage (Col. 6, lines 61-67 - Col. 7, lines 1-4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the class-D amplifier with a full-bridge in order to provide a higher and more stable output to allow for greater power delivery.
Regarding claims 8-9, Gilbert discloses the invention substantially as claimed in claim 1 discussed above.
However, Gilbert does not disclose wherein a control signal to be amplified by the audio-type amplifier is an analogue signal or a digital signal.
Pearce, in the same field of endeavor, teaches the amplifier receives an input (1.15) from a digital signal processor or an analog pulse width modulated signal (Col. 13, lines 34-38).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the analog signal input to allow the amplifier to receive sensed signals that vary continuously such as temperature/voltage, and it would have been obvious to have added the digital signal input in order to allow the amplifier to receive discrete, binary signals that represent specific commands, states, or data patterns.
Regarding claim 10, Gilbert/Pearce combination disclose further comprising a microcontroller (260) configured to digitally generate the control signal (Gilbert, pa. 0030, 0034).
Regarding claim 11, Gilbert/Pearce combination disclose wherein the local operating power supply of the function modules comprises a supply voltage conditioning circuit (220) (Gilbert, pa. 0026).
Regarding claim 12, Gilbert/Pearce combination disclose wherein the base module comprises a plurality of receptacles connected with the distribution unit, and
the receptacles are configured to mechanically receive one of the function modules and make an electrical connection between the distribution unit and the function module in an inserted state (Gilbert, Figs. 2A-4).
Examiner highlights the fact that all of the components inside the generator that are connected physically must also be connected mechanically, i.e., a type of receptable must be present in order to receive the electrical components of the base module.
Regarding claim 15, Gilbert discloses the invention substantially as claimed in claim 1 discussed above.
However, Gilbert does not disclose the central AC generator.
Pearce, in the same field of endeavor, teaches a central AC generator (1.10) comprising a class-D amplifier (1.12) generating an AC voltage (i.e., high-frequency pulses) (Col. 2, lines 5-7; Col. 12, lines 5-7 & Fig. 1F).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the central AC generator of Pearce to the electrosurgical generator of Gilbert, specifically in the base module of Gilber in order to provide AC voltage to the operating power distribution unit, due to their high efficiency which leads to reduced heat sinking, smaller size, and lighter weight device (Pearce, Col. 1, lines 38-43).
Regarding claim 16, Gilbert/Pearce combination disclose wherein an operational control unit (260) of the electrosurgical generator comprises the microcontroller (Gilbert, pa. 0030).
Regarding claim 17, Gilbert/Pearce combination disclose wherein the local operating power supply of the function modules comprises a DC rectifier (220) (Gilbert, pa. 0026).
Regarding claim 18, Gilbert discloses the invention substantially as claimed in claim 1 discussed above.
However, Gilbert does not disclose wherein the central AC generator comprises a reconstruction filter.
Pearce, in the same field of endeavor, teaches the output of the central AC generator (1.10) is fed into a lowpass filter (a reconstruction filter) that converts the pulses back into an amplified audio signal that drives the speakers. This design approach produces an amplifier with better than 90% efficiency (Col. 2, lines 16-21).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the central AC generator of Pearce to the electrosurgical generator of Gilbert, including the lowpass filter, in order to improve its efficiency (Pearce, Col. 2, lines 16-21).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Gilbert and Pearce as applied to claim 1 above, and further in view of Chen (U.S. Application No. 20110299309 A1).
Regarding claim 2, Gilbert/Pearce combination disclose the invention substantially as claimed in claim 1 discussed above.
However, they do not explicitly disclose wherein the central AC generator is configured to provide AC voltage having a frequency of at least 1 kHz.
Chen, in the same field of endeavor, teaches a system (100) comprising a power amplifier which amplifies an audio signal source (pa. 0037) and produces an output frequency of 6000 Hz to at least 1kHz (pa. 0038-0039).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the frequency output of the central AC generator to allow for the use of smaller transformers and thus further decreasing the expense, weight, and physical footprint of the generator (Chen, pa. 0040).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Gilbert and Pearce as applied to claim 1 above, and further in view of Danziger (U.S. Patent No. 10575892 B2).
Regarding claim 13, Gilbert discloses supplying high frequency alternating voltage output by the inverter (pa. 0010).
Moreover, Gilbert discloses the receptacles being configured to make a high power electrical connection between the power distribution unit and at least one of the function modules in an inserted state. Examiner highlights the fact that all of the receptables which receive the components inside the generator are both connected physically and mechanically once the components are in the inserted state.
However, Gilbert/Pearce combination do not disclose a high frequency power distributing unit.
Danziger, in the same field of endeavor, teaches an electrosurgical generator (1002) comprising a serial bus communication scheme (i.e., a high frequency power distributing unit) implemented on existing cabling, allowing information to be communicated to and from different circuits (Col. 15, lines 52-67 – Col. 16, lines 1-4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the high frequency power distributing unit of Danziger in order to properly distribute the power to the function modules of Gilbert.
Regarding claim 14, Gilbert discloses the receptacles being further configured to make a data connection to at least one of the function modules in an inserted state. Examiner highlights the fact that all of the receptables which receive the components inside the generator are both connected physically and mechanically once the components are in the inserted state.
However, Gilbert/Pearce combination do not disclose wherein the base module comprising a data communication distribution unit.
Danziger, in the same field of endeavor, teaches an electrosurgical generator (1002) comprising a serial bus communication scheme (i.e., a data communication distribution unit) implemented on existing cabling, allowing information to be communicated to and from different circuits (Col. 15, lines 52-67 – Col. 16, lines 1-4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the data communication distribution unit of Danziger in order to properly distribute power to the function modules of Gilbert.
Response to Arguments
Applicant's arguments filed 08/03/2026 have been fully considered but they are not persuasive.
With regards to the newly amended independent claim 1, Applicant argues that Gilbert does not disclose "each of the function modules individually include a galvanically separated local operating power supply comprising a transformer" given Gilbert merely discloses a transformer for just the module 244 that is not part of the local operating power supply of the module 244. Instead, this transformer 244 conveys the main HF power supplied by the inverter 232 (whose output stage transistors VS 1 and VS2 are shown at the left-hand side of Fig. 4) towards the output socket (at the right-hand side). However, Examiner, respectfully, disagrees.
The claim language of claim 1 is broad and only requires that each of the function modules individually include a galvanically separated local operating power supply comprising a transformer, it is not specific about the location of the local operating power in relation to the transformer. Figure 4 of Gilbert illustrates a circuit (400) comprising a plurality of function modules (combination of top resonant matching network 244 and bottom resonant matching network 244 of circuit 400 seen in Fig. 4) configured for performing functions of the electrosurgical generator (pa. 0044, 0056), wherein each of the function modules individually include a galvanically separated (via switches) local operating power supply (i.e., Vs1 and Vs2) comprising a transformer (top transformer 430 and bottom transformer 430) (pa. 0056). Contrary to Applicant’s arguments, based on Figure 4, it is clear to Examiner that the transformers are part of the local operating power supply of the module 244, and even if the transformer conveyed the main HF power supplied by the inverter 232 towards the output socket, the transformers are still shown as being physically and electrically connected to each of the function modules and the local operating power supplies. Therefore, the prior art meets the claim limitation.
With regards to the newly amended independent claim 1, Applicant also argues that Gilbert does not disclose "a base module comprising an operating power distribution unit configured to feed the local operating power supply of the plurality of function modules" because the mode relays 248 are more closely related to the inverter unit of claim 1 rather than the base module. However, Examiner disagrees.
Figures 2B-2C of Gilbert illustrate the generator circuitry which includes the RF amp/base module (241) which comprises the inverter (232) which converts the DC to AC, the single- or dual-mode resonant matching network/function modules (244), and the mode relays/operating power distribution unit (248) for switching modes of the resonant matching network/function modules (pa. 0044). The language of claim 1 is broad and only requires the operating power distribution unit to be configured to feed the local operating power supply, and it does not prevent/limit the operating power distribution unit from also being related/electrically connected to the inverter unit. Therefore, when the user operates a user interface (290) to control and/or monitor the functions of the generator circuitry via a controller application interface (258) of a controller (251) (pa. 0048), the controller controls the mode relays/operating power distribution unit, via a mode state control and bumpless transfer unit (254), for the single or dual mode resonant matching network according to the tissue effect algorithm (pa. 0045-0046). Hence, in this application, the operating power distribution unit is configured to feed the local operating power supply of the plurality of function modules. Therefore, the rejection is maintained.
Lastly, with regards to the newly amended independent claim 1, Applicant also argues that Gilbert does not disclose where "transformers are ... at each of the function modules" because the output transformer 430 of one single function module, and this transformer is conveying (main) HF power, and is thus not a part of the operating power distribution. Only one transformer 430 is disclosed in Pearce, and it has nothing to do with an operating power distribution unit. However, Examiner disagrees.
Again, Figure 4 of Gilbert very clearly depicts two sets of function modules (244), each comprising/being electrically connected to their own transformers (430). As described above, and shown in Fig. 2C, both the function modules and the operating power distribution unit are part of the base module/RF amp, and it is clearly shown how both the function modules and the operating power distribution unit are electrically connected to each other. Therefore, the transformers of the function modules are part of the operating power distribution unit. Hence, for all the reasonings set-forth above, the rejection using the combination of references is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Friedrichs (US 20170209202 A1) teaches a dual-output generator configured to output two or more waveforms at different frequencies.
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.
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/A.V.G./Examiner, Art Unit 3794
/Ronald Hupczey, Jr./Primary Examiner, Art Unit 3794
