`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
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`Alexandria, Virginia 22313-1450
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`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`KINETIC CONCEPTS, INC.
`c/o Harness Dickey & Pierce
`5445 Comorate Dive
`Suite 200
`Troy, MI 48098
`
`MARCETICH, ADAM M
`
`3761
`
`DATE MAILED: 12/16/2015
`
`Eric Stevenson
`07/17/2012
`13/550,787
`TITLE OF INVENTION: SYSTEMS AND METHODS FOR CONTROLLING INFLAMMATORY RESPONSE
`
`VAC.0921D1
`
`1099
`
`
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`03/16/2016
`
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`PTOL-85 (Rev. 02/11)
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`

`

`PART B - FEE(S) TRANSMITTAL
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`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
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`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block 1 for any changeof address)
`
`12/16/2015
`
`7590
`60402
`KINETIC CONCEPTS,INC.
`:
`.
`c/o Harness Dickey & Pierce
`5445 Corporate Drive
`Suite 200
`Troy, MI 48098
`
`can only be used for domestic mailings of the
`Note: A certificate of mailing
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`apers. Each additional paper, such as an assignment or formal drawing, must
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`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`(ate)
`
`(Depositor's name)
`(Signature)
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`
` FIRST NAMED INVENTOR
`
`Eric Stevenson
`07/17/2012
`13/550,787
`TITLE OF INVENTION: SYSTEMS AND METHODS FOR CONTROLLING INFLAMMATORY RESPONSE
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`VAC.0921D1
`
`1099
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`03/16/2016
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`MARCETICH, ADAM M
`
`3761
`
`604-540000
`
`2. For printing on the patent front page,list
`(1) The namesofup to 3 registered patent attorneys
`or agents OR,alternatively,
`(2) The nameofa single firm (having as a member a
`2
`registered attorney or agent) and the namesof up to
`2 registered patent attorneys or agents. If nonameis
`listed, no namewill be printed.
`
`
`
`43
`
`
`
`
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`LI Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`LI "Fee Address" indication (or "Fee Address” Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
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`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
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`
`4a. The following fee(s) are submitted:
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`_] Publication Fee (No small entity discount permitted)
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`(enclose an extra copy ofthis form).
`
`
`
`5. Change in Entity Status (from status indicated above)
`| Applicantcertifying micro entity status. See 37 CFR 1.29
`
` Lj Applicant changing to regular undiscounted fee status.
`
`Lj Applicant asserting small entity status. See 37 CFR 1.27
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`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
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`Authorized Signature
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`Date
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`Registration No.
`
`PTOL-85 Part B (10-13) Approved for use through 10/31/2013.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 2 of 3
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`FIRST NAMED INVENTOR
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`13/550,787
`
`07/17/2012
`
`Eric Stevenson
`
`VAC.0921D1
`
`1099
`
`60402
`
`7590
`
`12/16/2015
`
`KINETIC CONCEPTS, INC.
`c/o Harness Dickey & Pierce
`545 Corporate Dive
`Suite 200
`Troy, MI 48098
`
`MARCETICH, ADAM M
`
`3761
`
`DATE MAILED: 12/16/2015
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(Applicationsfiled on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`to eliminate the
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i)
`requirement that the Office provide a patent term adjustment determination with the notice of allowance. See
`Revisions to Patent Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer
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`PTOL-85 (Rev. 02/11)
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`

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`

`

`
`
`
`
`Applicant(s)
`STEVENSON ETAL.
`i
`AIA (First Inventor to
`
`No
`
`
`
`Notice of Allowability wor|File) StatusFamersich
`
`.
`
`ape
`
`Application No.
`13/550,787
`i
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANTOF PATENT RIGHTS.This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. KJ This communication is responsive to 27 October 2015.
`LIA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2. 1 An election was madeby the applicant in responseto a restriction requirementsetforth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3. KJ The allowed claim(s)is/are 1-4 and 26-30. As a result of the allowed claim(s), you maybeeligible to benefit from the Patent
`mt
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information,
`
`please see hito:/iwww. uspic.gov/patents/init events/oph/index.jse or send an inquiry to PPHieedback@uspto.qov.
`
`4. 1 Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`Certified copies:
`*c) [J None of the:
`a) All
`b)(JSome
`1. (J Certified copies of the priority documents have been received.
`2. (] Certified copies of the priority documents have been received in Application No.
`3. [1] Copiesofthe certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`“ Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE”of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. [J CORRECTED DRAWINGS( as “replacement sheets”) must be submitted.
`
`C1
`
`including changes required by the attached Examiner’s Amendment / Commentorin the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. [] DEPOSIT OF and/or INFORMATIONaboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. KJ Notice of References Cited (PTO-892)
`2. (J Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`3. DJ Examiner's Comment Regarding Requirementfor Deposit
`of Biological Material
`4. ZF Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`
`/Adam Marcetich/
`Primary Examiner, Art Unit 3761
`
`5. K] Examiner's Amendment/Comment
`6. XJ Examiner's Statement of Reasons for Allowance
`
`7. Other
`
`.
`
`
`U.S. Patent and Trademark Office
`
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20151125
`
`

`

`Application/Control Number: 13/550,787
`Art Unit: 3761
`
`Page 2
`
`EXAMINER’S COMMENT/ AMENDMENT / REASONS FOR ALLOWANCE
`
`Examiner’s Comment
`
`Rejections of claim 29 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AlA), first
`
`paragraph is withdrawn over the amendmentsfiled 27 October 2015.
`
`Examiner’s Amendment
`
`An examiner’s amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment maybefiled as provided
`
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
`
`submitted no later than the paymentof the issue fee.
`
`Authorization for this examiner’s amendment was given in a telephone interview
`
`with Darin W. Deaver on Wednesday, 09 December 2015.
`
`Claims 1 and 7-22 are amendedasfollows. [[Deletions are in double
`
`brackets]] and additions are underlined.
`
`1. (Currently Amended) A system for controlling inflammatory responseat an
`
`internal tissue site of a patient, the system comprising:
`
`a reduced-pressure treatment device configured for deploying in an abdominal
`
`cavity interior to the patient's peritoneum proximate the internal tissue site, the reduced-
`
`pressure treatment device [[comprising]]_ consisting essentially of a first leg
`
`manifold member and a second leg manifold memberfluidly coupled to thefirst leg
`
`manifold member, and
`
`

`

`Application/Control Number: 13/550,787
`Art Unit: 3761
`
`Page 3
`
`an encapsulating envelope formed with fenestrations and enveloping the first leg
`
`manifold member and the second leg manifold member;
`
`an external reduced-pressure source for supplying reduced pressure to the
`
`reduced-pressure treatment device; a reduced-pressure delivery conduitfor fluidly
`
`coupling the reduced-pressure source and the reduced-pressure treatment device; and
`
`wherein the reduced-pressure source, reduced-pressure delivery conduit, and
`
`reduced- pressure treatment device are operable to provide reduced pressure to the
`
`internal tissue site to moderate pro-inflammatory stimuli in order to control systemic
`
`inflammatory response throughout the patient's body[[.-]]:
`
`the first leq manifold member and the second leg manifold member
`
`intersect to forma central connection site; and
`
`the encapsulating envelope forms an exterior layer over the first leg
`
`manifold member, the second leg manifold member, and the central connection
`
`site; and
`
`the first leq manifold member and second leg manifold member form two
`
`obtuse angles and two acute angles.
`
`Claims 5-22 are canceled.
`
`Allowable Claims
`
`Claims 1-4 and 26-30 are allowed.
`
`

`

`Application/Control Number: 13/550,787
`Art Unit: 3761
`
`Page 4
`
`Reasons for Allowance
`
`Applicant’s argumentsfiled 27 October 2015 regarding Bengtson; Bradley P. et
`
`al. (US 20070282309), Martin; Robin (US 20070293830) and DiGasbarro; Phillip Peter
`
`(US 20070276326) have been considered and are persuasive. Examiner advances
`
`additional reasons for allowance.
`
`
`Martin, the closest art of record, discloses a reduced-pressure treatment device
`
`({ [0752], Fig. 1, apparatus 1), comprising first and second leg manifold members({
`
`[0555], Figs. 27, chamber 363 in the form of a deeply indented disc, multiple Maltese
`
`cross or a stylised rose). However, Martin depicts at least four intersecting leg manifold
`
`members and therefore lacks a device consisting essentially of first and second leg
`
`manifold members. Motivation is lacking to modify Martin by selectively eliminating two
`
`of the leg manifold memberssince this would unbalance the dressing and preventit
`
`from conforming to a deep woundascalled for by Martin ({ [0555)).
`
`Not cited in a previous action, Necola Shehada, Ramez Emile et al. (US
`
`20040230118) discloses a reduced-pressure treatment device ({ [0003], [0044], Fig.
`
`1A, surgical drain 10),
`
`consisting essentially of first and second leg manifold members ([0051], Fig.
`
`2B, surgical drain 10 mayhavea plurality of drain branches 10a/b); and
`
`an encapsulating envelope formed with fenestrations ({ [0046], Fig. 1B, outer
`
`surface 26 and drain holes 34).
`
`

`

`Application/Control Number: 13/550,787
`Art Unit: 3761
`
`Page 5
`
`However, Necola lacksfirst and second leg manifold membersthat form two
`
`obtuse angles and two acute angles. At most, Necola Shehada discloses a Y- or V-
`
`shaped drain and does not teach or suggest forming two obtuse and acute angles.
`
`Also newly cited, Jones; Curtis E. et al. (US 20100016767) discloses a reduced-
`
`pressure treatment device ({ [0002], [0033], Altered Pressure wound therapy; § [0172]
`
`Altered Pressure Apparatus / PAM),
`
`consisting essentially of first and second leg manifold members( [0350], Fig. 4,
`
`dual Lumen tubing or conduit);
`
`an encapsulating envelope formed with fenestrations (¥ [0137] "Encapsulated
`
`Space" means the space boundedbythe covering; 4 [0155], Fig. 4, covering means
`
`creating an Encapsulated Space);
`
`However, Joneslacksfirst and second leg manifold membersfluidly coupled to
`
`each other, which form two obtuse and acute angles. Instead, Jones discloses parallel
`
`lumens (Fig. 4), or coil shape (Fig. 6).
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the paymentof the issue fee and, to avoid processing delays, should preferably
`
`accompanythe issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.”
`
`

`

`Application/Control Number: 13/550,787
`Art Unit: 3761
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`Page 6
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`Conclusion
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`/Adam Marcetich/
`Primary Examiner, Art Unit 3761
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`