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
Claim 12 is objected to because of the following informalities: the phrase “the base module further comprising” should be amended to “the base module further comprises”. 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 1-17 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 1 recites the limitation "the at least one output socket" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. Claims 2-14, 16-17 are also rejected because they are dependent on claim 1.
Claim 4 recites the limitation “the central voltage stabilization unit” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation “the central voltage stabilization unit” in line 3. The recitation renders the scope of the claim as indefinite because it is unclear to Examiner whether the stabilization unit is different from the central AC voltage stabilization unit cited in claim 3, or if they are the same component. For examination purposes, Examiner will treat both stabilization unit as the same structure on the generator of claim 1.
Claim 15 recites the limitation "the electrosurgical generator" in line 1, “the high-frequency alternating voltage” in lines 1-2, “the power supply unit” in line 2, “the inverter unit” in line 3, “the plurality of function modules” in line 4, "the at least one output socket" in lines 6-7, “the user interface” in line 7, “the galvanically separated local operating power supply” in line 9, “the transformer” in line 9, “the base module” in line 11, “the operating power distribution unit” in line 11, “the local operating power supply” in line 12, and “the central AC generator” in line 14. There is insufficient antecedent basis for these limitations in the claim. The Examiner respectfully requests, in the instance that claim 15 was intended to be drafted in dependent form given the large number of antecedent basis issues, that care should be taken to ensure that any added dependency claim clearly provides proper basis for the limitations set forth in the claim. Appropriate correction is required.
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, 15-17 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 claims 1 and 15, 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) generating a high-frequency alternating voltage to be output to the electrosurgical instrument (pa. 0027), and a plurality of function modules (244) configured for performing functions of the electrosurgical generator, at least one of the function modules being configured for conveying the high-frequency alternating voltage to the at least one output socket (pa. 0044, 0056 & Fig. 4),
wherein each of the function modules is provided individually with 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),
wherein
a base module (241) is provided comprising an operating power distribution unit (248) feeding the local operating power supply of the plurality of function modules (pa. 0044, 0056), and
the transformers being provided decentralized at each of the function modules (see Fig. 4), wherein the operating power distribution unit is configured for a distribution of the AC voltage to the function modules and their respective transformer (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 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 a central AC voltage stabilization unit.
Pearce, in the same field of endeavor, teaches a central AC voltage stabilization unit (i.e., combination of regulators 1.38, 1.40, level shifters 1.42, 1.44) is 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 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 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 an audio-type amplifier is provided for the central AC generator.
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 generated AC voltage.
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 a microcontroller that provides a digital control signal (Gilbert, pa. 0030, 0034).
Regarding claim 11, Gilbert/Pearce combination disclose wherein the local operating power supply of the function modules is provided with a supply voltage conditioning circuit (220) (Gilbert, pa. 0026).
Regarding claim 12, Gilbert/Pearce combination disclose wherein the base module further comprising a plurality of receptacles connected with the distribution unit, the receptacles being configured to mechanically receive one of the function modules and making an electrical connection between the distribution unit and the function module in its inserted state (Gilbert). 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 16, Gilbert/Pearce combination disclose wherein the control signal is provided digitally by the microcontroller of an operational control unit (260) of the electrosurgical generator (Gilbert, pa. 0030).
Regarding claim 17, Gilbert/Pearce combination disclose wherein the local operating power supply of the function modules is provided with a DC rectifier (220) (Gilbert, pa. 0026).
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 its 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 its 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 further comprises 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.
Conclusion
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/A.V.G./Examiner, Art Unit 3794
/Ronald Hupczey, Jr./Primary Examiner, Art Unit 3794