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 objected to because of the following informalities: “the electro surgical instrument” in line 6 should be written “the electro surgical instruments”. Appropriate correction is required.
Claim 14 objected to because of the following informalities: “the electro surgical instrument” in line 5 should be written “the electro surgical instruments”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kimball et al., (US 20230037577; hereinafter Kimball).
Regarding claim 1, Kimball (Figures 3-7 and 24-26C) discloses a method for controlling an electro surgical generator (140) for controlling electro surgical instruments connected to the electro surgical generator (140), ([0227]), comprising - a plurality of interconnected regular modules (modules listed in paragraph [0227]), the plurality of interconnected regular modules comprising - at least one socket module (136) for connecting the electro surgical instrument ([0227]-[0229]), and - at least one first inverter module (3928) for generating a feed signal for providing a high frequency energy for at least one electro surgical instrument connected to the socket module (136), ([0450]-[0455]) wherein,- each regular module communicates at least with another regular module and/or with a communication module (203), ([0245]-[0246]), - each regular module is sending a communication frame at an individual repetition frequency ([0377]: periodic signal for interrogation) and - the individual repetition frequency (periodic signal) is varied depending on a state of the electro surgical generator (140), ([0377]).
Regarding claim 2, Kimball (Figures 3-7 and 24-26C) further discloses wherein - the electro surgical generator (140) further comprises the communication module (203) for controlling a communication with the regular modules, and/or - each regular module sends a communication frame at its individual repetition frequency (periodic interrogation signal) to the communication module and/or to another regular module, and/or- the electro surgical generator and/or each regular module perform a self- check during standby, wherein each regular module sends a communication frame (periodic signal) at its individual repetition frequency ([0377], [0382], [0450]-[0455]).
Regarding claim 3, Kimball (Figures 3-7 and 24-26C) further discloses wherein - at least during a standby mode the individual repetition frequencies of two, more than two or all of the other regular modules are the same ([0377], [0382], [0450]-[0455]).
Regarding claim 4, Kimball (Figures 3-7 and 24-26C) further discloses wherein- some or all individual repetition frequencies (periodic signals) are selected depending on an overall state of the electro surgical generator (140) and/or - one, some or all of the individual repetition frequencies (periodic signals) are selected depending on a state of the corresponding regular module ([0377], [0382], [0450]-[0455]).
Regarding claim 5, Kimball (Figures 3-7 and 24-26C) further discloses wherein- during standby of the electro surgical generator (140) some or all individual repetition frequencies (periodic signals) are selected to be lower when compared to the electro surgical generator not being in standby - during standby of the electro surgical generator (140) an individual repetition frequency (periodic signal) is selected being smaller than the activation frequency, and- when the electro surgical generator (140) is not in standby, an individual repetition frequency (period signal) is selected being larger than the activation frequency ([0377], [0382], [0450]-[0455]).
Regarding claim 6, Kimball (Figures 3-7 and 24-26C) further discloses wherein - during activation of the electro surgical generator (140) as to leave a standby mode,- the communication module (203) sends a command to one, some or all of the regular modules to increase their individual repetition frequency and/or- when the electro surgical generator enters the standby mode - the communication module sends a command to one, some or all of the regular modules to decrease their individual repetition frequency ([0246]-[0248], [0377], [0382], [0450]-[0455]).
Regarding claim 7, Kimball (Figures 3-7 and 24-26C) further discloses wherein- one, some or all of the regular modules each individually alter their individual repetition frequency depending on their module state ([0377], [0382], [0450]-[0455]).
Regarding claim 8, Kimball (Figures 3-7 and 24-26C) further discloses wherein- the communication module (203) frequently checks the individual repetition frequencies (periodic signals) of the regular modules depending on - an individual module state of the corresponding module, and/or- depending on an overall state of the electro surgical generator (140), and/or - based on a given data base which is particularly stored in a memory of the communication module, and wherein - the communication module (203) provides an error signal and optionally initiates safety actions if at least one of the checked individual repetition frequencies (periodic signals) deviates from the corresponding expected individual repetition frequency ([0377], [0382], [0450]-[0455]).
Regarding claim 9, Kimball (Figures 3-7 and 24-26C) further discloses wherein - the individual repetition frequency (period signal) is selected - depending on the kind of regular module and/or - depending on an operating condition of the regular module ([0377], [0382], [0450]-[0455]).
Regarding claim 10, Kimball (Figures 3-7 and 24-26C) further discloses wherein - the plurality of interconnected regular modules comprises at least on further module of the list defined by - a display module (119) for displaying information for a user,- an input module for receiving demands from the user, - at least a second inverter module for generating a feed signal for providing a high frequency energy for at least one electro surgical instrument with a different signal frequency than the first inverter module ([0216], [0377], [0382], [0450]-[0455]).
Regarding claim 11, Kimball (Figures 3-7 and 24-26C) further discloses wherein- the regular modules and the communication module are interconnected using a bus system ([0226], [0260], [0382]).
Regarding claim 12, Kimball (Figures 3-7 and 24-26C) further discloses wherein - each regular module sends a data frame comprising at least - an identification code identifying the operational module, and- an operation code, characterizing the operating state of the module, and optionally - additional information including information of boot-up, error information, information on standby and/or information on a busy-status ([0255], [0272]).
Regarding claim 13, Kimball (Figures 3-7 and 24-26C) further discloses wherein - an error-signal is generated if - a regular module is in a mode of frequently sending a communication frame at its individual repetition frequency and - the regular module is deviating from sending a communication frame at its individual repetition frequency by a predetermined minimum tolerance frequency, and/or if - for checking a reactivity a test signal is sent to the regular module to be tested, and- an answer of the regular module to the test signal is taking longer than a time defined by an inverse value of the repetition frequency of the tested regular module by a minimum time lag ([0361], [0389]-[0390]).
Regarding claim 14, Kimball (Figures 3-7 and 24-26C) discloses an electrosurgical generator (140) for controlling electro surgical instruments connected to the electro surgical generator (140), ([0227]), comprising- a plurality of interconnected regular modules (modules listed in paragraph [0227]), the plurality of interconnected regular modules comprising - at least one socket module (136) for connecting an electro surgical instrument ([0227]-[0229]), and - at least one first inverter module (3928) for generating a feed signal for providing a high frequency energy as a feed signal for at least one electro surgical instrument connected to the socket module (136), ([0450]-[0455]) wherein - each regular module is adapted for communicating at least with a communication module (203), ([0245]-[0246]), - each regular module is adapted to send a communication frame at an individual repetition frequency ([0377]: periodic signal for interrogation) and - the individual repetition frequency is varied depending on a state of the electro surgical generator (140), ([0377]), and - the electro surgical generator (140) is adapted to execute a method according to claim 1, as explained above in the rejection of claim 1.
Regarding claim 15, Kimball (Figures 3-7 and 24-26C) further discloses wherein - the electro surgical generator further comprises the communication module (203) for controlling a communication with the regular modules, and/or - each regular module is adapted to frequently send a communication frame at its individual repetition frequency (periodic interrogation signal) to the communication module (203) and/or to another regular module ([0377], [0382], [0450]-[0455]).
Regarding claim 16, Kimball (Figures 3-7 and 24-26C) further discloses wherein- the plurality of interconnected regular modules comprises at least one further module of the list defined by - an energy distribution module for controlling an energy supply from the at least one inverter module to the at least one socket module, - a display module (119) for displaying information for a user, - an input module for receiving demands from the user, and - at least a second inverter module for generating a feed signal for providing a high frequency energy for at least one electro surgical instrument with a different signal frequency than the first inverter module and/or - the electro surgical generator comprises a monitoring module for monitoring if the communication module operates properly ([0216], [0377], [0382], [0450]-[0455]).
Regarding claim 17, Kimball (Figures 3-7 and 24-26C) further discloses wherein - the regular modules and the communication module are interconnected using a bus system ([0226], [0260], [0382]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE PREMRAJ whose telephone number is (571)272-8013. The examiner can normally be reached Monday - Friday: 8:00 AM - 5:00 PM.
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/C.C.P./Examiner, Art Unit 3794
/EUN HWA KIM/Primary Examiner, Art Unit 3794