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 Applicant’s Preliminary Amendment filed on 03/24/2025 in which claims 1-20 have been canceled, claims 21-40 have been added and entered of record.
Priority
Applicant's claim for the benefit of a prior-filed application under 35 U.S.C. 120 is acknowledged. This application is a continuation of U.S. Patent Application No. 17/217424, filed on March 30, 2021.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 21-40 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-20 of U.S. Patent No. 17/217,424. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969)..
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21-40 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 10-14, 211-23, and 25 of Patent 12,228,987. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claims are either anticipated by, or would have been obvious over, the reference claim(s) as follows
Independent Claim 21
Patent 12,228,987
Present Application
1. A method of delivering power to a load coupled to an energy module, the method comprising:
determining, by a controller, the power to be produced for the load coupled to the controller, wherein the load is defined by a surgical instrument coupled to the energy module;
generating, by the controller, a waveform having a predetermined wave shape and frequency based on the load coupled to an output of a first power amplifier circuit or a second power amplifier circuit;
selecting, by the controller, either the first or second amplifier circuit based on the power to be produced for the load;
limiting, by the controller, current, power, and voltage of the waveform based on impedance of the load coupled to the output of the first or second power amplifier circuit; and
wherein a power rating of the first amplifier circuit is different from a power rating of the second amplifier circuit.
11. The method of claim 10, further comprising a digital-to-analog converter (DAC) coupled between the controller and at least one of the first and second power amplifier circuits, the method comprising receiving, by the DAC, the waveform in digital form and providing, by the DAC, an analog waveform to an input of the at least one of the first or second power amplifier circuits.
21. An energy module, comprising:
a controller;
a first power amplifier circuit having an input and an output, wherein the input is coupled to the controller and is configured to receive and amplify an input signal to generate a first output signal into a load coupled to the output of the first power amplifier circuit, wherein the load is defined by a surgical instrument coupled to the energy module; and
a second power amplifier circuit having an input and an output, wherein the input is coupled to the controller and is configured to receive and amplify the input signal to generate a second output into the load coupled the output of the second power amplifier circuit;
wherein a power rating of the first power amplifier circuit is different from a power rating of the second power amplifier circuit; and
wherein the controller is configured to select the first power amplifier circuit or the second power amplifier circuit based on power to be produced in the load.
Dependent Claim 22
Patent 12,228,987
Present Application
2. The method of claim 1, wherein the first power amplifier circuit is a wideband power amplifier circuit and the power rating of the first power amplifier circuit is lower than the power rating of the second power amplifier circuit, the method comprising amplifying the waveform by the wideband power amplifier.
4. The method of claim 1, wherein the second amplifier circuit is a resonant circuit and the power rating of the second power amplifier circuit is higher than the power rating of the first power amplifier circuit, the method comprising producing power in the load in a range of 20 to 400 watts.
22. The energy module of claim 21, wherein the first power amplifier circuit is a wideband power amplifier circuit and the second power amplifier circuit is a resonant power amplifier circuit.
Dependent Claim 23
Patent 12,228,987
Present Application
5. The method of claim 1, wherein at least one of the first or second power amplifier circuits comprises a switching circuit, the method comprising applying, by the controller a switching signal to the switching circuit of the at least one of the first or second power amplifier circuits.
23. The energy module of claim 21, wherein at least one of the first power amplifier circuit or the second power amplifier circuit comprises a switching circuit and wherein the controller is configured to apply a switching signal to the switching circuit of the at least one of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 24
Patent 12,228,987
Present Application
6. The method of claim 5, wherein the first power amplifier circuit comprises a first switching circuit and the second power amplifier circuit comprises a second switching circuit, the method comprising applying, by the controller, a first switching signal to the first switching circuit and a second switching signal to second power amplifier circuit.
24. The energy module of claim 23, wherein the first power amplifier circuit comprises a first switching circuit and the second power amplifier circuit comprises a second switching circuit and wherein the controller is configured to apply a first switching signal to the first switching circuit and a second switching signal to the second power amplifier circuit.
Dependent Claim 25
Patent 12,228,987
Present Application
7. The method of claim 5, further comprising a digital-to-analog converter (DAC) coupled between the controller and the first power amplifier circuit, wherein the second power amplifier circuit comprises the switching circuit, the method comprising applying, by the controller, the switching signal to the second amplifier circuit
25. The energy module of claim 23, further comprising a digital-to-analog converter (DAC) coupled between the controller and the first power amplifier circuit, wherein the second power amplifier circuit comprises the switching circuit, and wherein the controller is configured to apply the switching signal to the second power amplifier circuit.
Dependent Claim 26
Patent 12,228,987
Present Application
1. A method of delivering power to a load coupled to an energy module, the method comprising:
determining, by a controller, the power to be produced for the load coupled to the controller, wherein the load is defined by a surgical instrument coupled to the energy module;
generating, by the controller, a waveform having a predetermined wave shape and frequency based on the load coupled to an output of a first power amplifier circuit or a second power amplifier circuit;
selecting, by the controller, either the first or second amplifier circuit based on the power to be produced for the load;
limiting, by the controller, current, power, and voltage of the waveform based on impedance of the load coupled to the output of the first or second power amplifier circuit; and
wherein a power rating of the first amplifier circuit is different from a power rating of the second amplifier circuit.
26. The energy module of claim 21, wherein the controller is configured to generate a waveform having a predetermined wave shape and frequency based on the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 27
Patent 12,228,987
Present Application
1. A method of delivering power to a load coupled to an energy module, the method comprising:
determining, by a controller, the power to be produced for the load coupled to the controller, wherein the load is defined by a surgical instrument coupled to the energy module;
generating, by the controller, a waveform having a predetermined wave shape and frequency based on the load coupled to an output of a first power amplifier circuit or a second power amplifier circuit;
selecting, by the controller, either the first or second amplifier circuit based on the power to be produced for the load;
limiting, by the controller, current, power, and voltage of the waveform based on impedance of the load coupled to the output of the first or second power amplifier circuit; and
wherein a power rating of the first amplifier circuit is different from a power rating of the second amplifier circuit.
27. The energy module of claim 26, wherein the controller is configured to limit current, power, and voltage of the waveform based on impedance of the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 28
Patent 12,228,987
Present Application
11. The method of claim 10, further comprising a digital-to-analog converter (DAC) coupled between the controller and at least one of the first and second power amplifier circuits, the method comprising receiving, by the DAC, the waveform in digital form and providing, by the DAC, an analog waveform to an input of the at least one of the first or second power amplifier circuits.
28. The energy module of claim 26, further comprising a digital-to-analog converter (DAC) coupled between the controller and at least one of the first power amplifier circuit and the second power amplifier circuit, wherein the DAC receives the waveform in digital form and provides an analog waveform to the input of at least one of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 29
Patent 12,228,987
Present Application
1. A method of delivering power to a load coupled to an energy module, the method comprising:
determining, by a controller, the power to be produced for the load coupled to the controller, wherein the load is defined by a surgical instrument coupled to the energy module;
generating, by the controller, a waveform having a predetermined wave shape and frequency based on the load coupled to an output of a first power amplifier circuit or a second power amplifier circuit;
selecting, by the controller, either the first or second amplifier circuit based on the power to be produced for the load;
limiting, by the controller, current, power, and voltage of the waveform based on impedance of the load coupled to the output of the first or second power amplifier circuit; and
wherein a power rating of the first amplifier circuit is different from a power rating of the second amplifier circuit.
29. The energy module of claim 28, wherein the DAC provides the analog waveform to the input of either the first power amplifier circuit or the second power amplifier circuit based on power to be produced in the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 30
Patent 12,228,987
Present Application
13. The method of claim 12, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier input;
the method comprising:
controlling, by the controller, the first and second switches via first and second switch select lines; and
selecting, by the controller, the first or second power amplifier circuit based on the power to be produced for the load coupled to the output of the first or second power amplifier circuit.
30. The energy module of claim 29, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier circuit;
wherein the first switch and the second switch are controlled by the controller via first and second switch select lines to select the first power amplifier circuit or the second power amplifier circuit based on the power to be produced in the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 2
Patent 12,228,987
Present Application
2. The wireless power receiver of claim 1, wherein the meta-structure comprises one or more meta-pattern layers that are physically separated from the antenna.
2. The wireless power receiver of claim 1, wherein the meta-structure includes at least one meta-pattern layer.
Dependent Claim 2
Patent 12,228,987
Present Application
2. The wireless power receiver of claim 1, wherein the meta-structure comprises one or more meta-pattern layers that are physically separated from the antenna.
2. The wireless power receiver of claim 1, wherein the meta-structure includes at least one meta-pattern layer.
Dependent Claim 2
Patent 12,228,987
Present Application
2. The wireless power receiver of claim 1, wherein the meta-structure comprises one or more meta-pattern layers that are physically separated from the antenna.
2. The wireless power receiver of claim 1, wherein the meta-structure includes at least one meta-pattern layer.
Dependent Claim 2
Patent 12,228,987
Present Application
2. The wireless power receiver of claim 1, wherein the meta-structure comprises one or more meta-pattern layers that are physically separated from the antenna.
2. The wireless power receiver of claim 1, wherein the meta-structure includes at least one meta-pattern layer.
Independent Claim 31
Patent 12,228,987
Present Application
1. A method of delivering power to a load coupled to an energy module, the method comprising:
determining, by a controller, the power to be produced for the load coupled to the controller, wherein the load is defined by a surgical instrument coupled to the energy module;
generating, by the controller, a waveform having a predetermined wave shape and frequency based on the load coupled to an output of a first power amplifier circuit or a second power amplifier circuit;
selecting, by the controller, either the first or second amplifier circuit based on the power to be produced for the load;
limiting, by the controller, current, power, and voltage of the waveform based on impedance of the load coupled to the output of the first or second power amplifier circuit; and
wherein a power rating of the first amplifier circuit is different from a power rating of the second amplifier circuit.
11. The method of claim 10, further comprising a digital-to-analog converter (DAC) coupled between the controller and at least one of the first and second power amplifier circuits, the method comprising receiving, by the DAC, the waveform in digital form and providing, by the DAC, an analog waveform to an input of the at least one of the first or second power amplifier circuits.
31. An energy module configured to deliver power to a load of a surgical instrument coupled thereto, the energy module comprising:
a digital-to-analog converter (DAC) configured to convert a digital waveform to an analog waveform; and
a controller coupled to the DAC, the controller configured to:
generate the digital waveform having a predetermined wave shape and frequency;
select a first power amplifier circuit or a second power amplifier circuit based on a predetermined power output to be produced by the first power amplifier circuit or the second power amplifier circuit into a load coupled to an energy output port of the energy module; and
couple the analog waveform to the selected first power amplifier circuit or second power amplifier circuit to produce, by the selected first power amplifier circuit or second power amplifier circuit, the predetermined power output into the load coupled to the energy output port of the energy module.
Dependent Claim 32
Patent 12,228,987
Present Application
5. The method of claim 1, wherein at least one of the first or second power amplifier circuits comprises a switching circuit, the method comprising applying, by the controller a switching signal to the switching circuit of the at least one of the first or second power amplifier circuits.
6. The method of claim 5, wherein the first power amplifier circuit comprises a first switching circuit and the second power amplifier circuit comprises a second switching circuit, the method comprising applying, by the controller, a first switching signal to the first switching circuit and a second switching signal to second power amplifier circuit.
7. The method of claim 5, further comprising a digital-to-analog converter (DAC) coupled between the controller and the first power amplifier circuit, wherein the second power amplifier circuit comprises the switching circuit, the method comprising applying, by the controller, the switching signal to the second amplifier circuit.
32. The energy module of claim 31, wherein the controller is configured to:
select a first switch coupled between the DAC and the first power amplifier circuit to produce a first power output into the load coupled to an output of the first power amplifier circuit via the energy output port; or
select a second switch coupled between the DAC and the second power amplifier circuit to produce a second power output into the load coupled to an output of the second power amplifier circuit via the energy output port.
Dependent Claim 33
Patent 12,228,987
Present Application
21. The method of claim 1, wherein selecting, by the controller, either the first power amplifier circuit or the second amplifier circuit based on the power to be produced for the load comprises:
selecting, by the controller, the first power amplifier circuit via a first amplifier select signal to produce a first power output for the load coupled to the output of the first power amplifier circuit via an energy output port; or selecting, by the controller, the second power amplifier circuit via a second amplifier select signal to produce a second power output for the load coupled to the output of the second power amplifier circuit via an energy output port.
33. The energy module of claim 31, wherein the controller is configured to:
select the first power amplifier circuit via a first amplifier select signal to produce a first power output into the load coupled to an output of the first power amplifier circuit via the energy output port; or
select the second power amplifier circuit via a second amplifier select signal to produce a second power output into the load coupled to an output of the second power amplifier circuit via the energy output port.
Dependent Claim 34
Patent 12,228,987
Present Application
1. (Currently Amended) A method of delivering power to a load coupled to an energy module, the method comprising:
determining, by a controller, the power to be produced for the load coupled to the controller, wherein the load is defined by a surgical instrument coupled to the energy module;
generating, by the controller, a waveform having a predetermined wave shape and frequency based on the load coupled to an output of a first power amplifier circuit or a second power amplifier circuit;
selecting, by the controller, either the first or second amplifier circuit based on the power to be produced for the load;
limiting, by the controller, current, power, and voltage of the waveform based on impedance of the load coupled to the output of the first or second power amplifier circuit; and
wherein a power rating of the first amplifier circuit is different from a power rating of the second amplifier circuit.
34. The energy module of claim 31, wherein the controller is configured to:
limit current, power, and voltage of the waveform based on an impedance of the load coupled to an output of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 35
Patent 12,228,987
Present Application
7. The method of claim 5, further comprising a digital-to-analog converter (DAC) coupled between the controller and the first power amplifier circuit, wherein the second power amplifier circuit comprises the switching circuit, the method comprising applying, by the controller, the switching signal to the second amplifier circuit.
35. The energy module of claim 31, wherein the controller is configured to:
apply a switching signal to an input of the second power amplifier circuit.
Independent Claim 36
Patent 12,228,987
Present Application
1. A method of delivering power to a load coupled to an energy module, the method comprising:
determining, by a controller, the power to be produced for the load coupled to the controller, wherein the load is defined by a surgical instrument coupled to the energy module;
generating, by the controller, a waveform having a predetermined wave shape and frequency based on the load coupled to an output of a first power amplifier circuit or a second power amplifier circuit;
selecting, by the controller, either the first or second amplifier circuit based on the power to be produced for the load;
limiting, by the controller, current, power, and voltage of the waveform based on impedance of the load coupled to the output of the first or second power amplifier circuit; and
wherein a power rating of the first amplifier circuit is different from a power rating of the second amplifier circuit.
11. The method of claim 10, further comprising a digital-to-analog converter (DAC) coupled between the controller and at least one of the first and second power amplifier circuits, the method comprising receiving, by the DAC, the waveform in digital form and providing, by the DAC, an analog waveform to an input of the at least one of the first or second power amplifier circuits.
36. A method of delivering power to a load of a surgical instrument coupled to an energy module, the method comprising:
generating, by a controller, a digital waveform having a predetermined wave shape and frequency;
converting, by a digital-to-analog converter (DAC) coupled to the controller, the digital waveform to an analog waveform;
selecting, by the controller, a first power amplifier circuit or a second power amplifier circuit based on a predetermined power output to be produced by the first power amplifier circuit or the second power amplifier circuit into a load coupled to an energy output port of the energy module;
coupling, by the controller, the analog waveform to the selected first power amplifier circuit or second power amplifier circuit; and
producing, by the selected first power amplifier circuit or second power amplifier circuit, the predetermined power output into the load coupled to the energy output port of the energy module.
Dependent Claim 37
Patent 12,228,987
Present Application
21. The method of claim 1, wherein selecting, by the controller, either the first power amplifier circuit or the second amplifier circuit based on the power to be produced for the load comprises:
selecting, by the controller, the first power amplifier circuit via a first amplifier select signal to produce a first power output for the load coupled to the output of the first power amplifier circuit via an energy output port; or selecting, by the controller, the second power amplifier circuit via a second amplifier select signal to produce a second power output for the load coupled to the output of the second power amplifier circuit via an energy output port.
37. The method of claim 36, comprising:
selecting, by the controller, a first switch coupled between the DAC and the first power amplifier circuit to produce a first power output into the load coupled to an output of the first power amplifier circuit via the energy output port; or
selecting, by the controller, a second switch coupled between the DAC and the second power amplifier circuit to produce a second power output into the load coupled to an output of the second power amplifier circuit via the energy output port.
Dependent Claim 35
Patent 12,228,987
Present Application
21. The method of claim 1, wherein selecting, by the controller, either the first power amplifier circuit or the second amplifier circuit based on the power to be produced for the load comprises:
selecting, by the controller, the first power amplifier circuit via a first amplifier select signal to produce a first power output for the load coupled to the output of the first power amplifier circuit via an energy output port; or
selecting, by the controller, the second power amplifier circuit via a second amplifier select signal to produce a second power output for the load coupled to the output of the second power amplifier circuit via an energy output port.
38. (New) The method of claim 36, comprising:
selecting, by the controller, the first power amplifier circuit via a first amplifier select signal to produce a first power output into the load coupled to an output of the first power amplifier circuit via the energy output port; or
selecting, by the controller, the second power amplifier circuit via a second amplifier select signal to produce a second power output into the load coupled to an output of the second power amplifier circuit via the energy output port.
Dependent Claim 39
Patent 12,228,987
Present Application
1. (Currently Amended) A method of delivering power to a load coupled to an energy module, the method comprising:
determining, by a controller, the power to be produced for the load coupled to the controller, wherein the load is defined by a surgical instrument coupled to the energy module;
generating, by the controller, a waveform having a predetermined wave shape and frequency based on the load coupled to an output of a first power amplifier circuit or a second power amplifier circuit;
selecting, by the controller, either the first or second amplifier circuit based on the power to be produced for the load;
limiting, by the controller, current, power, and voltage of the waveform based on impedance of the load coupled to the output of the first or second power amplifier circuit; and
wherein a power rating of the first amplifier circuit is different from a power rating of the second amplifier circuit.
39. The method of claim 36, comprising:
limiting, by the controller, current, power, and voltage of the waveform based on an impedance of the load coupled to an output of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 2
Patent 12,228,987
Present Application
5. (Original) The method of claim 1, wherein at least one of the first or second power amplifier circuits comprises a switching circuit, the method comprising applying, by the controller a switching signal to the switching circuit of the at least one of the first or second power amplifier circuits.
40. (New) The method of claim 36, comprising:
applying, by the controller, a switching signal to an input of the second power amplifier circuit.
Claims 21-40 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14-16, and 18-22 of Patent 12,040,749. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claims are either anticipated by, or would have been obvious over, the reference claim(s) as follows.
Independent Claim 21, Dependent Claim 26
Patent 12,040,749
Present Application
14. An energy module, comprising:
a controller;
a first power amplifier circuit having an input and an output, wherein the input is coupled to the controller and is configured to receive and amplify an input signal to generate a first output signal into a load coupled to the output of the first power amplifier circuit; and
a second power amplifier circuit having an input and an output, wherein the input is coupled to the controller and is configured to receive and amplify the input signal to generate a second output into the load coupled to the output of the second power amplifier circuit;
wherein a power rating of the first amplifier circuit is different from a power rating of the second amplifier circuit;
wherein the controller is configured to select the first or the second power amplifier circuit based on power to be produced in the load;
wherein the controller is configured to generate a waveform having a predetermined wave shape and frequency based on the load coupled to the output of the first or second power amplifier circuit;
wherein the controller is configured to select at least one of the first or second power amplifier circuits based on power to be produced in the load coupled to the output of the at least one of the first or second power amplifier circuits;
wherein the energy module further comprises a digital-to-analog converter (DAC) coupled between the controller and at least one of the first and second power amplifier circuits, wherein the DAC receives the waveform in digital form and provides an analog waveform to the input of the at least one of the first or second power amplifier circuits; and
wherein the DAC provides the analog waveform to the input of either the first or second power amplifier circuit based on power to be produced in the load coupled to the output of the first or second power amplifier circuit.
21. (New) An energy module, comprising:
a controller;
a first power amplifier circuit having an input and an output, wherein the input is coupled to the controller and is configured to receive and amplify an input signal to generate a first output signal into a load coupled to the output of the first power amplifier circuit, wherein the load is defined by a surgical instrument coupled to the energy module; and
a second power amplifier circuit having an input and an output, wherein the input is coupled to the controller and is configured to receive and amplify the input signal to generate a second output into the load coupled the output of the second power amplifier circuit;
wherein a power rating of the first power amplifier circuit is different from a power rating of the second power amplifier circuit; and
wherein the controller is configured to select the first power amplifier circuit or the second power amplifier circuit based on power to be produced in the load.
26. The energy module of claim 21, wherein the controller is configured to generate a waveform having a predetermined wave shape and frequency based on the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit.
28. The energy module of claim 26, further comprising a digital-to-analog converter (DAC) coupled between the controller and at least one of the first power amplifier circuit and the second power amplifier circuit, wherein the DAC receives the waveform in digital form and provides an analog waveform to the input of at least one of the first power amplifier circuit or the second power amplifier circuit.
29. The energy module of claim 28, wherein the DAC provides the analog waveform to the input of either the first power amplifier circuit or the second power amplifier circuit based on power to be produced in the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 23
Patent 12,040,749
Present Application
15. (Original) The energy module of claim 14, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier input;
wherein the first and second switches are controlled by the controller via first and second switch select lines to select the first or second power amplifier circuit based on the power to be produced in the load coupled to the output of the first or second power amplifier circuit.
23. (New) The energy module of claim 21, wherein at least one of the first power amplifier circuit or the second power amplifier circuit comprises a switching circuit and wherein the controller is configured to apply a switching signal to the switching circuit of the at least one of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 24
Patent 12,040,749
Present Application
15. The energy module of claim 14, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier input;
wherein the first and second switches are controlled by the controller via first and second switch select lines to select the first or second power amplifier circuit based on the power to be produced in the load coupled to the output of the first or second power amplifier circuit.
24. The energy module of claim 23, wherein the first power amplifier circuit comprises a first switching circuit and the second power amplifier circuit comprises a second switching circuit and wherein the controller is configured to apply a first switching signal to the first switching circuit and a second switching signal to the second power amplifier circuit.
Dependent Claim 25
Patent 12,040,749
Present Application
15. The energy module of claim 14, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier input;
wherein the first and second switches are controlled by the controller via first and second switch select lines to select the first or second power amplifier circuit based on the power to be produced in the load coupled to the output of the first or second power amplifier circuit.
25. The energy module of claim 23, further comprising a digital-to-analog converter (DAC) coupled between the controller and the first power amplifier circuit, wherein the second power amplifier circuit comprises the switching circuit, and wherein the controller is configured to apply the switching signal to the second power amplifier circuit.
Dependent Claim 27
Patent 12,040,749
Present Application
21. The energy module of claim 18, wherein the controller is configured to: limit current, power, and voltage of the waveform based on an impedance of the load coupled to the output of the first or second power amplifier circuit.
27. The energy module of claim 26, wherein the controller is configured to limit current, power, and voltage of the waveform based on impedance of the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 29
Patent 12,040,749
Present Application
15. The energy module of claim 14, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier input;
wherein the first and second switches are controlled by the controller via first and second switch select lines to select the first or second power amplifier circuit based on the power to be produced in the load coupled to the output of the first or second power amplifier circuit.
29. The energy module of claim 28, wherein the DAC provides the analog waveform to the input of either the first power amplifier circuit or the second power amplifier circuit based on power to be produced in the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 30
Patent 12,040,749
Present Application
15. (Original) The energy module of claim 14, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier input;
wherein the first and second switches are controlled by the controller via first and second switch select lines to select the first or second power amplifier circuit based on the power to be produced in the load coupled to the output of the first or second power amplifier circuit.
30. The energy module of claim 29, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier circuit;
wherein the first switch and the second switch are controlled by the controller via first and second switch select lines to select the first power amplifier circuit or the second power amplifier circuit based on the power to be produced in the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit.
Independent Claim 31
Patent 12,040,749
Present Application
14. (Currently Amended) An energy module, comprising:
a controller;
a first power amplifier circuit having an input and an output, wherein the input is coupled to the controller and is configured to receive and amplify an input signal to generate a first output signal into a load coupled to the output of the first power amplifier circuit; and
a second power amplifier circuit having an input and an output, wherein the input is coupled to the controller and is configured to receive and amplify the input signal to generate a second output into the load coupled to the output of the second power amplifier circuit;
wherein a power rating of the first amplifier circuit is different from a power rating of the second amplifier circuit;
wherein the controller is configured to select the first or the second power amplifier circuit based on power to be produced in the load;
wherein the controller is configured to generate a waveform having a predetermined wave shape and frequency based on the load coupled to the output of the first or second power amplifier circuit;
wherein the controller is configured to select at least one of the first or second power amplifier circuits based on power to be produced in the load coupled to the output of the at least one of the first or second power amplifier circuits;
wherein the energy module further comprises a digital-to-analog converter (DAC) coupled between the controller and at least one of the first and second power amplifier circuits, wherein the DAC receives the waveform in digital form and provides an analog waveform to the input of the at least one of the first or second power amplifier circuits; and
wherein the DAC provides the analog waveform to the input of either the first or second power amplifier circuit based on power to be produced in the load coupled to the output of the first or second power amplifier circuit.
31. (New) An energy module configured to deliver power to a load of a surgical instrument (intended use) coupled thereto, the energy module comprising:
a digital-to-analog converter (DAC) configured to convert a digital waveform to an analog waveform; and
a controller coupled to the DAC, the controller configured to:
generate the digital waveform having a predetermined wave shape and frequency;
select a first power amplifier circuit or a second power amplifier circuit based on a predetermined power output to be produced by the first power amplifier circuit or the second power amplifier circuit into a load coupled to an energy output port of the energy module; and
couple the analog waveform to the selected first power amplifier circuit or second power amplifier circuit to produce, by the selected first power amplifier circuit or second power amplifier circuit, the predetermined power output into the load coupled to the energy output port of the energy module.
Dependent Claim 32
Patent 12,040,749
Present Application
15. The energy module of claim 14, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier input;
wherein the first and second switches are controlled by the controller via first and second switch select lines to select the first or second power amplifier circuit based on the power to be produced in the load coupled to the output of the first or second power amplifier circuit.
32. The energy module of claim 31, wherein the controller is configured to:
select a first switch coupled between the DAC and the first power amplifier circuit to produce a first power output into the load coupled to an output of the first power amplifier circuit via the energy output port; or
select a second switch coupled between the DAC and the second power amplifier circuit to produce a second power output into the load coupled to an output of the second power amplifier circuit via the energy output port.
Dependent Claim 33
Patent 12,040,749
Present Application
15. (Original) The energy module of claim 14, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier input;
wherein the first and second switches are controlled by the controller via first and second switch select lines to select the first or second power amplifier circuit based on the power to be produced in the load coupled to the output of the first or second power amplifier circuit.
33. (New) The energy module of claim 31, wherein the controller is configured to:
select the first power amplifier circuit via a first amplifier select signal to produce a first power output into the load coupled to an output of the first power amplifier circuit via the energy output port; or
select the second power amplifier circuit via a second amplifier select signal to produce a second power output into the load coupled to an output of the second power amplifier circuit via the energy output port.
Dependent Claim 35
Patent 12,040,749
Present Application
21. The energy module of claim 18, wherein the controller is configured to:limit current, power, and voltage of the waveform based on an impedance of the load coupled to the output of the first or second power amplifier circuit.
35. The energy module of claim 31, wherein the controller is configured to:
apply a switching signal to an input of the second power amplifier circuit.
Independent Claim 36
Patent 12,040,749
Present Application
14. An energy module, comprising:
a controller;
a first power amplifier circuit having an input and an output, wherein the input is coupled to the controller and is configured to receive and amplify an input signal to generate a first output signal into a load coupled to the output of the first power amplifier circuit; and
a second power amplifier circuit having an input and an output, wherein the input is coupled to the controller and is configured to receive and amplify the input signal to generate a second output into the load coupled to the output of the second power amplifier circuit;
wherein a power rating of the first amplifier circuit is different from a power rating of the second amplifier circuit;
wherein the controller is configured to select the first or the second power amplifier circuit based on power to be produced in the load;
wherein the controller is configured to generate a waveform having a predetermined wave shape and frequency based on the load coupled to the output of the first or second power amplifier circuit;
wherein the controller is configured to select at least one of the first or second power amplifier circuits based on power to be produced in the load coupled to the output of the at least one of the first or second power amplifier circuits;
wherein the energy module further comprises a digital-to-analog converter (DAC) coupled between the controller and at least one of the first and second power amplifier circuits, wherein the DAC receives the waveform in digital form and provides an analog waveform to the input of the at least one of the first or second power amplifier circuits; and
wherein the DAC provides the analog waveform to the input of either the first or second power amplifier circuit based on power to be produced in the load coupled to the output of the first or second power amplifier circuit.
36. A method of delivering power to a load of a surgical instrument coupled to an energy module, the method comprising:
generating, by a controller, a digital waveform having a predetermined wave shape and frequency;
converting, by a digital-to-analog converter (DAC) coupled to the controller, the digital waveform to an analog waveform;
selecting, by the controller, a first power amplifier circuit or a second power amplifier circuit based on a predetermined power output to be produced by the first power amplifier circuit or the second power amplifier circuit into a load coupled to an energy output port of the energy module;
coupling, by the controller, the analog waveform to the selected first power amplifier circuit or second power amplifier circuit; and
producing, by the selected first power amplifier circuit or second power amplifier circuit, the predetermined power output into the load coupled to the energy output port of the energy module.
Dependent Claim 37
Patent 12,040,749
Present Application
15. The energy module of claim 14, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier input;
wherein the first and second switches are controlled by the controller via first and second switch select lines to select the first or second power amplifier circuit based on the power to be produced in the load coupled to the output of the first or second power amplifier circuit.
37. The method of claim 36, comprising:
selecting, by the controller, a first switch coupled between the DAC and the first power amplifier circuit to produce a first power output into the load coupled to an output of the first power amplifier circuit via the energy output port; or
selecting, by the controller, a second switch coupled between the DAC and the second power amplifier circuit to produce a second power output into the load coupled to an output of the second power amplifier circuit via the energy output port.
Dependent Claim 38
Patent 12,040,749
Present Application
15. The energy module of claim 14, further comprising:
a first switch coupled between the DAC output and the input of the first power amplifier circuit; and
a second switch coupled between the DAC output and the input of the second power amplifier input;
wherein the first and second switches are controlled by the controller via first and second switch select lines to select the first or second power amplifier circuit based on the power to be produced in the load coupled to the output of the first or second power amplifier circuit.
38. The method of claim 36, comprising:
selecting, by the controller, the first power amplifier circuit via a first amplifier select signal to produce a first power output into the load coupled to an output of the first power amplifier circuit via the energy output port; or
selecting, by the controller, the second power amplifier circuit via a second amplifier select signal to produce a second power output into the load coupled to an output of the second power amplifier circuit via the energy output port.
Dependent Claim 39
Patent 12,040,749
Present Application
21. The energy module of claim 18, wherein the controller is configured to:limit current, power, and voltage of the waveform based on an impedance of the load coupled to the output of the first or second power amplifier circuit.
39. The method of claim 36, comprising:
limiting, by the controller, current, power, and voltage of the waveform based on an impedance of the load coupled to an output of the first power amplifier circuit or the second power amplifier circuit.
Dependent Claim 40
Patent 12,040,749
Present Application
22. The energy module of claim 18, wherein the controller is configured to: apply a switching signal to an input of the second power amplifier circuit.
40. The method of claim 36, comprising:
applying, by the controller, a switching signal to an input of the second power amplifier circuit.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 25, 35, and 40 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 25, the claim recites “wherein the controller is configured to apply the switching signal to the second power amplifier circuit”. There is no disclosure in the specification for this limitation.
Regarding claim 35, the claim recites “apply a switching signal to an input of the second power amplifier circuit”. There is no disclosure in the specification for this limitation.
Regarding claim 40, the claim recites “applying, by the controller, a switching signal to an input of the second power amplifier circuit”. There is no disclosure in the specification for this limitation.
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.
Claim(s) 25, 35, and 40 is/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.
Regarding claim 25, the claim recites “wherein the controller is configured to apply the switching signal to the second power amplifier circuit”. It is unclear how the controller controls the switching at the input of the amplifier. For examination purpose, the limitation will be construed as “wherein the controller is configured to apply the switching signal to the switching circuit at the input of the second power amplifier circuit”.
Regarding claims 35 and 40, the claims are rejected similar to claim 25 above.
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.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIM et al., US Patent Publication 2014/0111277; hereinafter “LIM” in view of Henderson et al., US Patent Publication 2020/0078076; hereinafter “Henderson”.
Regarding claim 21, LIM discloses an energy module, comprising:
a controller (Fig. 3, 300);
a first power amplifier circuit (Fig. 3, 348 LPA) having an input (Fig. 3, input of 348 LPA) and an output (Fig. 3, output of 348 LPA), wherein the input is coupled to the controller (Fig. 3, 348 LPA coupled to 500) and is configured to receive and amplify an input signal (Fig. 3, 348 LPA is an amplifier) to generate a first output signal (Fig. 3, output of 348 LPA) into a load (Fig. 3, RFout) [0005] [0006] coupled to the output of the first power amplifier circuit signal (Fig. 3, output of 348 LPA), wherein the load is defined by a surgical instrument coupled to the energy module; and
a second power amplifier circuit (Fig. 3, 345 HPA) having an input (Fig. 3, input of 345 HPA) and an output (Fig. 3, output of 345 HPA), wherein the input is coupled to the controller (Fig. 3, 300) and is configured to receive and amplify the input signal (Fig. 3, 345 HPA is an amplifier) to generate a second output (Fig. 3, output of 345 HPA) into the load coupled the output of the second power amplifier circuit output of 345 HPA;
wherein a power rating of the first power amplifier circuit (Fig. 3, 348 LPA) [0015] is different from a power rating of the second power amplifier circuit (Fig. 3, 346 HPA) [0014]; and
wherein the controller is configured to select the first power amplifier circuit or the second power amplifier circuit based on power to be produced in the load [0023] [0060].
LIM discloses the claimed invention except for the energy module is intended to drive a surgical instrument. Henderson discloses an energy module comprising multiple power amplifiers driving a surgical instrument (Fig. 37). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LIM to incorporate the teaching of Henderson and use the module to drive a surgical instrument and have the load is defined by a surgical instrument coupled to the energy module. Doing so would allow to drive any intended load that has multiple selectable power amplifiers for different power ranges based on the load requirement to save power and reduce heat.
Regarding claim 22, the combination of LIM and Henderson discloses the energy module of claim 21 above, LIM also discloses the first power amplifier circuit is a wideband power amplifier circuit [0373] and the second power amplifier circuit is a resonant power amplifier circuit [0386].
Regarding claim 23, the combination of LIM and Henderson discloses the energy module of claim 21 above, LIM further discloses at least one of the first power amplifier circuit or the second power amplifier circuit comprises a switching circuit (Fig. 3, 344) and wherein the controller (Fig. 3, 300) is configured to apply a switching signal to the switching circuit of the at least one of the first power amplifier circuit or the second power amplifier circuit [0060].
Regarding claim 24, the combination of LIM and Henderson discloses the energy module of claim 23 above, LIM further discloses the first power amplifier circuit comprises a first switching circuit (Fig. 3, switch that connected to 348 LPA) and the second power amplifier circuit comprises a second switching circuit (Fig. 3, switch that connected to 346 HPA) and wherein the controller is configured to apply a first switching signal to the first switching circuit and a second switching signal to the second power amplifier circuit [0060].
Regarding claim 25, the combination of LIM and Henderson discloses the energy module of claim 23 above, LIM also discloses the energy module further comprising a digital-to-analog converter (DAC) (Fig. 3, 304) coupled between the controller (Fig. 3, 300) and the first power amplifier circuit (Fig. 3, 348 LPA), wherein the second power amplifier circuit (Fig. 3, 346 HPA) comprises the switching circuit (Fig. 3, switch that connected to 346 HPA), and wherein the controller is configured to apply the switching signal to the second power amplifier circuit [0060].
Regarding claim 26, the combination of LIM and Henderson discloses the energy module of claim 21 above, LIM also discloses the controller is configured to generate a waveform having a predetermined wave shape and frequency [0058] (analog/digital signal having predetermined wave shape and frequency) based on the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit [0023] [0060].
Regarding claim 27, the combination of LIM and Henderson discloses the energy module of claim 26 above, Henderson also discloses the controller is configured to limit current, power, and voltage of the waveform based on impedance of the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit [0256]-[0259].
Regarding claim 28, the combination of LIM and Henderson discloses the energy module of claim 26 above, LIM also discloses the energy module further comprising a digital-to-analog converter (DAC) (Fig. 3, 304) coupled between the controller (Fig. 3, 300) and at least one of the first power amplifier circuit (Fig. 3, 348 LPA) and the second power amplifier circuit (Fig. 3, 346 HPA), wherein the DAC receives the waveform in digital form and provides an analog waveform (Fig. 3, 304 is a digita-to-analog converter) to the input of at least one of the first power amplifier circuit (Fig. 3, 348 LPA) or the second power amplifier circuit (Fig. 3, 346 HPA).
Regarding claim 29, the combination of LIM and Henderson discloses the energy module of claim 28 above, LIM also discloses the DAC provides the analog waveform to the input of either the first power amplifier circuit or the second power amplifier circuit based on power to be produced in the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit [0023] [0060].
Regarding claim 30, the combination of LIM and Henderson discloses the energy module of claim 29 above, LIM also discloses the energy module further comprising:
a first switch (Fig. 3, switch that connected to 348 LPA) coupled between the DAC output (Fig. 3, 304) and the input of the first power amplifier circuit (Fig. 3, input of 348 LPA); and
a second switch (Fig. 3, switch that connected to 346 HPA) coupled between the DAC output (Fig. 3, 304) and the input of the second power amplifier circuit (Fig. 3, input of 346 HPA);
wherein the first switch and the second switch are controlled by the controller via first and second switch select lines to select the first power amplifier circuit or the second power amplifier circuit based on the power to be produced in the load coupled to the output of the first power amplifier circuit or the second power amplifier circuit [0060].
Regarding claim 31, LIM discloses an energy module (Fig. 3) configured to deliver power to a load of a surgical instrument coupled thereto, the energy module comprising:
a digital-to-analog converter (DAC) (Fig. 3, 304) configured to convert a digital waveform to an analog waveform (Fig. 3, 304 is a DAC); and
a controller (Fig. 3, 300) coupled to the DAC, the controller configured to:
generate the digital waveform having a predetermined wave shape and frequency [0047] [0048] (analog/digital signal having predetermined wave shape and frequency);
select a first power amplifier circuit (Fig. 3, 348 LPA) or a second power amplifier circuit (Fig. 3, 346 HPA) based on a predetermined power output to be produced by the first power amplifier circuit or the second power amplifier circuit into a load (Fig. 3, RFout) [0023] [0060] coupled to an energy output port (Fig. 3, 350) of the energy module (Fig. 3); and
couple the analog waveform (Fig. 3, output of 304) to the selected first power amplifier circuit or second power amplifier circuit to produce [0060], by the selected first power amplifier circuit or second power amplifier circuit [0060], the predetermined power output into the load coupled to the energy output port (Fig. 3, 350) of the energy module [0060].
LIM discloses the claimed invention except for the energy module is intended to drive a surgical instrument. Henderson discloses an energy module comprising multiple power amplifiers driving a surgical instrument (Fig. 37). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LIM to incorporate the teaching of Henderson and use the module to drive a surgical instrument and have the load is defined by a surgical instrument coupled to the energy module. Doing so would allow to drive any intended load that has multiple selectable power amplifiers for different power ranges based on the load requirement to save power and reduce heat.
Regarding claim 32, the combination of LIM and Henderson discloses the energy module of claim 31 above, LIM also discloses the controller is configured to:
select a first switch (Fig. 3, switch that connected to 348 LPA) coupled between the DAC (Fig. 3, 304) and the first power amplifier circuit (Fig. 3, 348 LPA) to produce a first power output into the load (Fig. 3, output of 348 LPA to RFout) [0060] coupled to an output of the first power amplifier circuit via the energy output port (Fig. 3, 350); or
select a second switch coupled between the DAC and the second power amplifier circuit to produce a second power output into the load coupled to an output of the second power amplifier circuit via the energy output port.
Regarding claim 33, the combination of LIM and Henderson discloses the energy module of claim 31 above, LIM also discloses the controller is configured to:
select the first power amplifier circuit (Fig. 3, 348 LPA) via a first amplifier select signal [0060] to produce a first power output into the load coupled to an output of the first power amplifier circuit (Fig. 3, output of 348 LPA to RFout) [0060] via the energy output port (Fig. 3, 350) [0060]; or
select the second power amplifier circuit via a second amplifier select signal to produce a second power output into the load coupled to an output of the second power amplifier circuit via the energy output port.
Regarding claim 34, the combination of LIM and Henderson discloses the energy module of claim 31 above, Henderson also discloses the controller is configured to:
limit current, power, and voltage of the waveform based on an impedance of the load coupled to an output of the first power amplifier circuit or the second power amplifier circuit [0256]-[0259].
Regarding claim 35, the combination of LIM and Henderson discloses the energy module of claim 31 above, LIM also discloses the controller is configured to:
apply a switching signal to an input of the second power amplifier circuit [0060].
Regarding claim 36, LIM discloses a method (Fig. 3) of delivering power to a load (Fig. 3, RFout) [0005] [0006] of a surgical instrument coupled to an energy module (Fig. 3), the method comprising:
generating, by a controller (Fig. 3, 300), a digital waveform having a predetermined wave shape and frequency [0047] [0048] (analog/digital signal having predetermined wave shape and frequency);
converting, by a digital-to-analog converter (DAC) (Fig. 3, 304) coupled to the controller (Fig. 3, 300), the digital waveform to an analog waveform (Fig. 3, 304 is a DAC);
selecting, by the controller, a first power amplifier circuit (Fig. 3, 348 LPA) or a second power amplifier circuit (Fig. 3, 346 HPA) based on a predetermined power output to be produced by the first power amplifier circuit or the second power amplifier circuit into a load (Fig. 3, RFout) [0023] [0060] coupled to an energy output port (Fig. 3, 350) of the energy module (Fig. 3);
coupling, by the controller, the analog waveform to the selected first power amplifier circuit or second power amplifier circuit [0023] [0060]; and
producing, by the selected first power amplifier circuit or second power amplifier circuit, the predetermined power output into the load coupled to the energy output port of the energy module [0023] [0060].
LIM discloses the claimed invention except for the energy module is intended to drive a surgical instrument. Henderson discloses an energy module comprising multiple power amplifiers driving a surgical instrument (Fig. 37). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LIM to incorporate the teaching of Henderson and use the module to drive a surgical instrument and have the load is defined by a surgical instrument coupled to the energy module. Doing so would allow to drive any intended load that has multiple selectable power amplifiers for different power ranges based on the load requirement to save power and reduce heat.
Regarding claim 37, the combination of LIM and Henderson discloses the method of claim 36 above, LIM also discloses the method comprising:
selecting, by the controller, a first switch (Fig. 3, switch that connected to 348 LPA) coupled between the DAC (Fig. 3, 304) and the first power amplifier circuit (Fig. 3, 348 LPA) to produce a first power output into the load (Fig. 3, output of 348 LPA to RFout) [0060] coupled to an output of the first power amplifier circuit (Fig. 3, output of 348 LPA to RFout) via the energy output port (Fig. 3, 350) [0023] [0060]; or
selecting, by the controller, a second switch (Fig. 3, switch that connected to 346 HPA) coupled between the DAC (Fig. 3, 304) and the second power amplifier circuit to produce a second power output (Fig. 3, output of 346 HPA) into the load coupled to an output of the second power amplifier circuit (Fig. 3, output of 346 HPA) via the energy output port (Fig. 3, 350) [0060].
Regarding claim 38, the combination of LIM and Henderson discloses the method of claim 36 above, LIM also discloses the method comprising:
selecting, by the controller, the first power amplifier circuit via a first amplifier select signal to produce a first power output into the load coupled to an output of the first power amplifier circuit via the energy output port [0060]; or
selecting, by the controller, the second power amplifier circuit via a second amplifier select signal to produce a second power output into the load coupled to an output of the second power amplifier circuit via the energy output port.
Regarding claim 39, the combination of LIM and Henderson discloses the method of claim 36 above, Henderson also discloses the method comprising:
limiting, by the controller, current, power, and voltage of the waveform based on an impedance of the load coupled to an output of the first power amplifier circuit or the second power amplifier circuit [0256]-[0259].
Regarding claim 40, the combination of LIM and Henderson discloses the method of claim 36 above, LIM also discloses the method comprising:
applying, by the controller, a switching signal to an input of the second power amplifier circuit [0060].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI H TRAN whose telephone number is (571)270-0668. The examiner can normally be reached M - F 8:30 - 5:00.
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/THAI H TRAN/Examiner, Art Unit 2836
/REXFORD N BARNIE/Supervisory Patent Examiner, Art Unit 2836