Patent Application 18543840 - ULTRASONIC GENERATOR FOR SUPPLYING AN ELECTRICAL - Rejection

Patent Application 18543840 - ULTRASONIC GENERATOR FOR SUPPLYING AN ELECTRICAL

Title: ULTRASONIC GENERATOR FOR SUPPLYING AN ELECTRICAL POWER, LITHOTRIPSY DEVICE FOR FRAGMENTING CALCULI, AND METHOD FOR OPERATING AND/OR CONTROLLING A LITHOTRIPSY DEVICE

Application Information

• Invention Title: ULTRASONIC GENERATOR FOR SUPPLYING AN ELECTRICAL POWER, LITHOTRIPSY DEVICE FOR FRAGMENTING CALCULI, AND METHOD FOR OPERATING AND/OR CONTROLLING A LITHOTRIPSY DEVICE
• Application Number: 18543840
• Submission Date: 2025-05-15T00:00:00.000Z
• Effective Filing Date: 2023-12-18T00:00:00.000Z
• Filing Date: 2023-12-18T00:00:00.000Z
• National Class: 601
• National Sub-Class: 002000
• Examiner Employee Number: 85471
• Art Unit: 3798
• Tech Center: 3700

Rejection Summary

• 102 Rejections: 0
• 103 Rejections: 1

Cited Patents

The following patents were cited in the rejection:

• US 0045887🔗
• US 0010486🔗
• US 0088154🔗
• US 0136279🔗
• US 0269972🔗
• US 0010477🔗

Office Action Text

    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 .

DETAILED ACTION

Information Disclosure Statement

	The German Office action is not in English therefore is not considered by Examiner. 

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 1-12 are rejected under 35 U.S.C. 112(a) or pre-AIA  35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling.  The disclosure does not enable one of ordinary skill in the art to practice the invention without element 129 transform high voltage, oscillator 167 and sine wave generator which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). The power supply to ultrasonic generator that is DC need to convert to AC by oscillator to generator sine-wave for the ultrasonic transducer. The AC voltage is not directly feed into the ultrasonic transducer. It needs to be transformed from low voltage to high voltage 129 (see [0074]). An oscillator is essential for a circuit to generate a sine wave. 

The following is a quotation of 35 U.S.C. 112(b):
(b)  CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.


The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.


Claims 1-12 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 claims 1 and 12, it is unclear how the ultrasonic generator would be supplied with AC voltage. It is unclear how AC voltage is supply to ultrasonic transducer since paragraph [0074] discloses that “from the low voltage, the sine-wave generator 111 generates an AC voltage as a low voltage 123 with a changeable amplitude and a changeable frequency ranging from 20 to 34 kHz. The transmitter 127 has an electrical isolation 125 between this AC voltage as a low voltage 123 and a transformed high voltage 129, for example 400 V, for operating the ultrasonic transducer 131”. The power supply to ultrasonic generator from battery or wall outlet is DC power which need to be convert to AC low voltage by the oscillator and AC voltage use by sine-wave generator to generate sine-wave and this need to be transformed into high voltage to supply to ultrasonic transducer. Regarding claim 1, it is unclear how the open-loop and/or closed-loop control apparatus configured to adjust an electrical power suppliable by the ultrasonic generator since it does not connect to any component. The claim does not claim the open-loop and/or closed-loop control apparatus connect to oscillator, sine-wave generator and AC voltage low voltage (123). 

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.


Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hirt (US 2002/0010486) and in view of Lahoud (US 11,653,152).

Addressing claim 12, Hirt discloses a method to operate and/or control a lithotripsy device so as to avoid a disruption of an ultrasonic generator as a result of a projectile impact, the lithotripsy device comprising an ultrasonic generator the method comprising (see abstract and Fig. 1):

supplying an voltage at a frequency to an ultrasonic vibration excitor by the ultrasonic generator such that a vibration of the sonotrode is excited of the ultrasonic vibration excitor (see Fig. 1 and [0013-0014]);

Hirt does not disclose AC voltage; measuring time profiles of a voltage and current by a measuring unit and determining a frequency of a parallel resonant circuit in the measuring apparatus, determining phases of the time profiles of the voltage and current, adjusting the frequency by means of a phase locked loop unit until a phase shift of the time profiles of the voltage and current is zero or has reached a specified phase shift, storing the frequency in a data storing and/or data processing unit, implementing the shock excitation of the sonotrode by a projectile and supplying an AC voltage at the previously stored frequency to the ultrasonic vibration excitor such that the ultrasonic generator is operated without a disruption resulting from the impact of the projectile.  Lahoud discloses supplying AC voltage (see claim 16, col. 1, lines 55-65 and col. 4, lines 55-60; AC voltage signal); measuring time profiles of a voltage and current by a measuring unit and determining a frequency of a parallel resonant circuit in the measuring apparatus, determining phases of the time profiles of the voltage and current, adjusting the frequency by means of a phase locked loop unit until a phase shift of the time profiles of the voltage and current is zero or has reached a specified phase shift, storing the frequency in a data storing and/or data processing unit (see col. 16, lines 12-32 (voltage sensing/measuring), col. 2, lines 40-42, claims 16 (current sensing/measuring, claim 16, 18-19, Figs. 1 and 3 discloses resonant circuit, delay locked loop (phase locked loop) to allow device/system to determine phases of the time profiles of the voltage and current and obtain/adjust frequency so that phase shift is match/zero to improve system; processing unit PMIC and ucontroller). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirt to AC voltage; measuring time profiles of a voltage and current by a measuring unit and determining a frequency of a parallel resonant circuit in the measuring apparatus, determining phases of the time profiles of the voltage and current, adjusting the frequency by means of a phase locked loop unit until a phase shift of the time profiles of the voltage and current is zero or has reached a specified phase shift, storing the frequency in a data storing and/or data processing unit as taught by Lahoud because this efficiently drive the device (see claim 1, lines 55-65). Hirt discloses implementing the shock excitation of the sonotrode by a projectile and Lahoad discloses supplying an AC voltage at the previously stored frequency to the ultrasonic vibration excitor such that the ultrasonic generator is operated without a disruption therefore Hirt in view of Lahoud discloses implementing the shock excitation of the sonotrode by a projectile and supplying an AC voltage at the previously stored frequency to the ultrasonic vibration excitor such that the ultrasonic generator is operated without a disruption resulting from the impact of the projectile.   

No art rejection for claims 1-11. 


Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2015/0088154; US 2014/0269972; US 2012/0136279; US 2003/0045887; 2002/0010477; US 5,588,592 and US 4,271,371.
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3793