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 .
Information Disclosure Statements
The information disclosure statements (IDSs) filed March 1, 2024 and June 21, 2024 have been entered and the references cited therein have been considered by the examiner.
Claim Objections
Claim 11 is objected to because of the following informalities: In claim 11, line 3, after “restrictions” should be an “and.” 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 1-16 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.
In claim 1, line 9, the recitation of “and/or” renders the claim language vague and indefinite as the metes and bounds of the claim cannot be determined. In other words, is claim 1 reciting that the inverter unit or the output socket is configured as an exchangeable module? Similarly, the recitation of only the module for the output socket in claim 2 is vague and indefinite since it cannot be determined whether claim 1 is reciting either an inverter unit with an exchangeable module or an output socket with an exchangeable module. In claim 4, line 4, the recitation of “respective module” is vague and indefinite for the same reasons as claims 1 and 2. In claim 5, line 4, the recitation of “the modules” lacks proper antecedent basis in claims 1 and 4 (from which claim 5 depends). In claim 6, line 4, the recitation of “respective assigned modules” lacks proper antecedent basis in claims 1, 4 and 5 (from which claim 6 depends). In claim 7, lines 4 and 6, the recitation of “respective module” lacks proper antecedent basis in claim 1 (from which claim 7 depends). In claim 11, line 4, the recitation of “other modules” lacks proper antecedent basis in claims 1 and 7 (from which claim 11 depends). In claim 12, the recitation of “and/or” renders the claim language vague and indefinite as the metes and bounds of the claim cannot be determined. Any claims dependent upon claim 1 that are not specifically listed above are similarly rejected for the reasons claim 1 is rejected.
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Appelbaum et al. (U.S. Patent No. 6,251,113).
In regard to claims 1-4, 7-11 and 13-15, Appelbaum et al. teach a microsurgical control system 1 comprised of a computer unit 3 with a flat panel display 5 and a base unit 7 housing a plurality of modules 13 where each of the modules 13 controls at least one microsurgical instrument 19 (see Fig. 1 and col. 6, lines 34-45). Each module 13 controls one or more surgical instruments 19 connected to it and each module 13 is provided with a power bus and a data communications bus positioned on a backplane 101 (see Figs. 5 and 40-42 and col. 7, lines 29-33). Modules 13 engage the backplane 101 via a connector 171 at the rear of each module 13 and when engaged, backplane 101 provides power distribution and data communication between modules 13 and computer unit 3 (see col. 7, lines 32-40). Modules 13 also include a power module 103 (inverter unit) housed by base unit 7 that is connected to both an external AC power source and backplane 101 thus the power module 103 provides power to backplane 101 and to the system 1 (see col. 7, lines 40-45). A recess 177 is formed in the bottom of a front cover 163 for gripping the module 13 to slide it into and out of the base unit 7 and thus, the modules 13 are exchangeable or removeable (see Fig. 11, col. 9, lines 18-21, col. 10, lines 39-41 and col. 11, lines 1-14). Each module 13 includes a transceiver 223 for receiving data from and transmitting data to the data communications bus and a processor 225 (microcontroller) coupled to the transceiver 223 (see Fig. 15 and col. 11, lines 50-53). The data communications bus, the transceivers 223 and the processors 225 together form the communications network by which modules 13 and the computer unit 3 communication with each other (see col. 12, lines 1-7). Each of the modules 13 also uses embedded software (see col. 15, lines 23-25) and the user interface of computer unit 3 receives information representative of the various operating parameters of the instruments 19 while the hard drive 249 of the computer unit 3 stores programmable operating parameters for each of the instruments 19 (see col. 13, lines 46-55). Appelbaum et al. do not specifically state that the modules 13 communicate that information displayed on the user interface is to be displayed in a particular format depending on the instrument 19 attached to the module 13. However, Appelbaum et al. do teach that the computer unit 3 defines a set of operating parameters for each type of instrument 19 depending upon the use (see, e.g., col. 14, lines 1-22). Thus, it would have been obvious for one of ordinary skill in the art at the effective filing date of the invention to provide the system 1 of Appelbaum et al. with the ability to display the information in a particular format depending on the instrument 19 attached to the module 13. With further respect to claim 4 and in regard to claims 5 and 6, Appelbaum et al. teach that the user interface displays the operating parameters and their settings as well as other conditions on flat panel display 5 in a highly graphical, user-friendly operating environment which generates icons, symbols and the like (see col. 15, lines 5-15). Thus, it would have been obvious for one of ordinary skill in the art at the effective filing date of the invention to provide the display 5 of Appelbaum et al. with sections assigned to each module 13 according to specific instructions stored in the module 13. In regard to claim 12, the user interface also receives input from a touch-responsive screen 255 and a floppy drive 247 allows the user to install software updates or application specific software for use with new modules 13 (see col. 15, lines 38-54). In regard to claim 16, the operating parameters for controlling the instruments 19 include air/fluid pressure, air/fluid flow, etc. (see col. 14, lines 10-22).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEVERLY MEINDL FLANAGAN whose telephone number is (571)272-4766. The examiner can normally be reached Mon-Fri 7:30AM to 5:00PM.
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/BEVERLY M FLANAGAN/Primary Examiner, Art Unit 3794