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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/12/2024, 06/03/2024, 01/14/2025, and 07/29/2025 which was filed after the mailing date of the application on 12/19/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Claims 12-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/15/2026.
Applicant's election with traverse of invention I (Claims 1-11) in the reply filed on 06/15/2026 is acknowledged. The traversal is on the grounds that invention I and II are sufficiently related that a thorough search for the subject matter of group I would encompass a search for the subject matter of group II. This is not found persuasive because group I and II are independent and distinct with mutually exclusive characteristics (a module detector, independent inverter modules, different housing configuration with a front panel having output connections) that are not obvious variants on the record and would require differing fields of search and search strategies.
The requirement is still deemed proper and is therefore made FINAL.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-11 and 22-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oberkircher (US 2020/0078116), herein after “Oberkircher”.
Regarding claim 1, Oberkircher teaches “Modular generator system (Fig. 33-35, 3000) comprising
at least two generator types of electrosurgical generators (p.[0133, 0314, 0321]) which differ with regard to their equipment and/or functions (p.[0133]), the generator types each being designed for feed to at least one electrosurgical instrument (p.[0259]) and being composed of a plurality of generator components comprising a power supply (Fig. 34-35, DC) and an inverter (3084, 3107, 3096, 3112, 3132), fed by the power supply for generating an output energy (p.[0322], Fig. 34-35) which is passed to at least one output connection for connection of the electrosurgical instrument (Fig. 34-35)
wherein the generator types are each of modular design with a plurality of modules (p.[0321-322]) comprising - at least one base module (3074, 3078), which is uniform for the different generator types and which comprises at least one communication unit for inter-module communication (p.[0312])
at least one individual module, which is different depending on generator type, the individual module(s) being embodied at least as module for the power supply and/or module for the inverter and/or at least one module for the output connection (e.g., output modules 3088-3098, 3110-3116, 3128-3134)
the at least one base module being designed identically for the different generator types, and the different generator types differing with regard to their individual module equipment (p.[0321])”.
Regarding claim 2, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein a display control module, an internal distribution module, and/or an external communication module for communication to the outside is provided as the base module (p.[0318])”.
Regarding claim 3, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein a plurality of different individual modules are provided, which differs functionally and thus form kinds of individual modules (p.[0321-0322])”.
Regarding claim 4, the limitations of claim 3 are taught as described above. Oberkircher teaches “wherein different variants are provided at least within one kind of individual modules.(p.[0323-0325])”.
Regarding claim 5, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein individual modules are provided for power supply, inverter, connections for electrosurgical instruments, and/or front panels including indicator and/or a display (p.[0323-0325])”.
Regarding claim 6, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein individual modules are individually exchangeable (p.[0299,0320])”.
Regarding claim 7, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein at least one optional module with additional functionality is provided, said optional module having an electricity supply and communication connections to other modules automatically established if it is in its mounted state (p.[0323-0325])”.
Regarding claim 8, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein the modular generator system comprises a plurality of different type series of generator types, for each of said type series dedicated individual modules are provided, which differ from the individual modules of another type series, wherein however the base module may be useable across type series (p.[0321-0322])”
Regarding claim 9, the limitations of claim 2 are taught as described above. Oberkircher teaches “wherein at least one of the base modules has an electricity supply distribution unit for other modules and/or connectors for the at least one module for the output connection, wherein the connectors have connections for a communication network, an electricity supply network, and/or optionally also the output energy line (p.[0321-0322])”.
Regarding claim 10, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein the base module and the individual modules each have a dedication communication unit which in the mounted state form a communication network for inter-module communication with the communication units of the other modules, said communication network being self-configuring (p.[0321-0322])”.
Regarding claim 11, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein for the base module an optional extension unit is provided which carries at least high voltage for the output energy like the base module (p.[0321-0322])”.
Regarding claim 22, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein the modules are configured such that communication connections and an electricity supply of the modules are automatically established in the mounted state, wherein the communication connections are a communication network and additional signal connections provided for enable signals regarding activity of the modules (p.[0325])”.
Regarding claim 23, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein the modules each have a dedicated processor unit with a dedicated control program as independent local operational control for the respective module (display/UI processor p.[0318], generator/power supply processor p.[0261], control processor p.[0219]), and they are connected to a generator-internal electricity supply network and communication network (Fig. 10, Fig. 34), wherein at least the inverter modules and/or optional ultrasound modules have an additional radio-frequency output connection (p.[0324])”.
Regarding claim 24, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein a number of different power supply modules are furthermore provided, from which one is selected and mounted for the respective generator type (p.[0223])”.
Regarding claim 25, the limitations of claim 1 are taught as described above. Oberkircher teaches “wherein a protection unit is provided which is designed to compare a module configuration actually present with a unique, permanently stored target equipment feature for the module configuration and, in case of any deviation, to output an error signal (p.[0290])”.
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.
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 26 is rejected under 35 U.S.C. 103 as being unpatentable over Oberkircher in view of Cochran (WO 98/08452), herein after “Cochran”.
Regarding claim 26, the limitations of claim 1 are taught as described above. Oberkircher does not teach "herein an upgrade unit is provided which is controllable externally via a secure communication connection and interacts with the protection unit and the self-configuration unit of the modules in order to provide the stored target equipment identifier feature with an authorized change and/or to release additional functions" but Cochran does in an analogous electrosurgical generator. Cochran teaches "herein an upgrade unit is provided which is controllable externally via a secure communication connection and interacts with the protection unit and the self-configuration unit of the modules in order to provide the stored target equipment identifier feature with an authorized change and/or to release additional functions. (page 26, lines 11-38, page 37 lines 1-2)". It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the system of Cochran in Oberkircher. Providing updates to software is known in the art and produces predictable results of improving the software for more efficient processing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Abigail M Bock whose telephone number is (571)272-8856. The examiner can normally be reached M-F 7:30am - 5:00pm.
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/ABIGAIL BOCK/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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