throbber
www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/757,642
`
`04/20/2020
`
`Jonathan G. REHBEIN
`
`POO1590US03PCT
`
`7110
`
`60402
`
`7590
`
`02/16/2023
`
`KINETIC CONCEPTS, INC.
`c/o Harness Dickey & Pierce
`5445 Corporate Drive
`Suite 300
`
`Troy, MI 48098
`
`EXAMINER
`
`RASSAVONG,ERIC
`
`3781
`
`02/16/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`dgodzisz@hdp.com
`troymailroom @hdp.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-16,18-30 and 32-36 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 18-30 is/are withdrawn from consideration.
`[) Claim(s)__ is/are allowed.
`Claim(s) 1-16 and 32-36 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 04/20/2020 is/are: a)¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a)C) All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230208
`
`Application No.
`Applicant(s)
`46/757 ,642
`REHBEIN etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ERIC RASSAVONG
`3781
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 01/26/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the
`
`first inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in
`
`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible
`
`for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been
`
`timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR
`
`1.114. Applicant's submission filed on 01/26/2023 has been entered.
`
`Status of Claims
`
`3.
`
`Claims 1-16, 18-30, and 32-36 are currently pending. Claims 1 and 33-34 are currently
`
`amended. Claims 18-30 are currently withdrawn. Claims 17 and 31 were previously cancelled.
`
`Claims 35-36 are newly added. No new subject matter is added.
`
`Claim Objections
`
`4.
`
`Claim 35 objected to becauseof the following informalities:
`
`Line 2 of claim 35 recites “a fluid conductor to the first arm” and should be corrected to
`
`“a the fluid conductor to the first arm" . Appropriate correction is required.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction
`
`of the statutory basis for the rejection will not be considered a new ground of rejection if the
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 3
`
`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 ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`6.
`
`The factual inquiries for establishing a background for determining obviousness under
`
`35 U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`2. Ascertaining the differences between the prior art and the claims at issue.
`3. Resolving the level of ordinary skill in the pertinent art.
`4. Considering objective evidence present in the application indicating obviousnessor
`nonobviousness.
`
`7.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was commonly
`
`ownedas ofthe effective filing date of the claimed invention(s) absent any evidence to the
`
`contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and
`
`effective filing dates of each claim that was not commonly owned as ofthe effective filing date
`
`of the later invention in order for the examiner to consider the applicability of 35 U.S.C.
`
`102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
`
`8.
`
`Claims 1-15, 32-34, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Cavanaugh etal. (US 20090299342 A1), hereinafter referred to as “Cavanaugh”, in view of
`
`Randolph etal. (US 20140276288 A1), hereinafter referred to as “Randolph”.
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 4
`
`Regarding claim 1, Cavanaugh teaches a dressing for treating an area around an ankle
`
`with negative pressure (system (1010) comprising a dressing assembly (1030) for treating
`
`movable tissues site, i.e. a patients joint, see Figure 15)(see Abstract) (see Paragraph [0082)),
`
`the dressing comprising: a manifold (dressing bolster (1032)) comprising: a first arm comprising
`
`an arm extension (dressing bolster (1032) extends in first direction to define a first arm, see
`
`below) for coupling to a fluid conductor (the reduce pressure conduit (90) is coupled at the
`
`aperture (1081) which is located at one side (the arm extension) of dressing bolster (1032), see
`
`Figure 1 and 15)(any one embodiment may also be applicable to any other embodiment, see
`
`Paragraph [0083]); an attachment device (second drape portion (1065)) includinga first surface
`
`(first side (1067), see Figure 15) and a second surface (second, inward-facing side not explicitly
`
`shown but opposite side of the first side (1067) of the second drape portion (1065), see
`
`Paragraph [0079]), the first surface coupled to a periphery of a tissue-facing side of the
`
`manifold (the second drape portion (1065) has first side (1067) and has an adhesive (1083) to
`
`couple with dressing bolster (1032), see Paragraph [0078]), the attachment device (1065)
`
`comprising a treatment aperture (treatment area aperture (1071)) configured to at least
`
`partially expose the manifold (aperture (1071) exposes manifold (1032)); a cover (first portion
`
`(1063)) disposed over the manifold (flexible dressing bolster (1032) is covered by a drape
`
`(1063), see Paragraph [0078]) and coupled to the attachment device around the manifold (first
`
`drape portion (1063) coupled to second drape portion (1065), see Figure 15); and an adhesive
`
`on the second surface of the attachment device configured to bond to the area around the joint
`
`(the second, inward-facing side of drape (1065) may be covered with an adhesive to be placed
`
`against a portion of the patient's epidermis, see Paragraph [0079] and [0080]). However,
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 5
`
`Cavanaugh does not explicitly teach a manifold comprising a stem, a first arm joined to the
`
`
`
`
`
`
`
`PIG. 1S
`
`stem, and a second arm joined to the stem.
`
`
`oeSNS
`.
`AiR Sac
`
`SANS OK,
`&
`SO Nn,
`tenet
`SOF
`
`
`
`
`First arm of dressing
`bolster (1032) extends in
`a first direction
`
`
`
`
`
`
`
`ARALALLLALSLLAELLLALSLLAALLLLAILLLALLLLMALSLLAALLLAALLISALLLALLLLALSLLAALLLLAILLLAALLLLMALSLAILLLALSLLMALLLALLAyEAILLMALLLLALLLLLALSLLAALLLLALSLLUALSLLAALLLLAILLLLALSLLMALLLAILLLLALSLLMALLLALLLLALLLAMANAANALLAMAAE
`
`Randolph teaches a dressing (602) for applying vacuum to the intact skin extending or
`
`surroundinga tissue site such as, for example, the tissue site (104) on both the distal side and
`
`proximal side of the ankle of the foot (103) (see Paragraph [0066]) comprising: a manifold
`
`(610), a stem (flexible dressing portion (635), see Figure 6B), a first arm joined to the stem
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 6
`
`(proximal dressing portion (640) joined to portion (635), see Figure 6B), and a second arm
`
`joined to the stem (distal dressing portion (630) joined to portion (635), see Figure 6B).
`
`Cavanaugh and Randolph are analogous art because both deal with negative pressure
`
`wound therapy system for treatment of joints such as ankles.
`
`It would have been obvious to a person having ordinaryskill in the art before the
`
`effective filling date of the invention to modify the shape of the dressing of Cavanaugh and
`
`further include the manifold comprises a stem, a first arm joined to the stem, and a second arm
`
`joined to the stem, as taught by Randolph. Randolph teaches the dressingfacilitates joint
`
`articulation and flexing as well as being adjustable for application to the many variants in the
`
`anatomy ofa limb. It is to be understood that such a two-dimensional embodiment can
`
`facilitate joint articulation while at the same time providing bracing or splinting of the limb on
`
`either side of the joint as described above (see Paragraph [0072]).
`
`Regarding claim 2, Cavanaugh and Randolph teachall of the limitations, as discussed
`
`above in claim 1 and Randolph further teaches wherein the first arm has a greater span than
`
`the second arm (proximal dressing portion (640) has a greater span than distal dressing portion
`
`(630), see Figure 6B).
`
`Regarding claim 3, Cavanaugh and Randolph teach all of the limitations as discussed
`
`above in claim 1. However, Cavanaugh and Randolph do not explicitly disclose wherein: the first
`
`wing has a first span; the second wing has a second span; and a ratio of the first span to the
`
`second span is about 1.5.
`
`It would have been obvious to one having ordinaryskill in the art before the effective
`
`filing date of the claimed invention to cause the device of Randolph to have a ratio of the first
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 7
`
`and second span to be 1.5 since it has been held that “where the only difference between the
`
`prior art and the claims was a recitation of relative dimensions of the claimed device and a
`
`device having the claimed relative dimensions would not perform differently than the prior art
`
`device, the claimed device was not patentably distinct from the prior art device.” In Gardner v.
`
`TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225
`
`USPQ 232 (1984). In the instant case, the device of Randolph would not operate differently with
`
`the claimed span size ratio and since the dimension of the span ratio is used for the purpose of
`
`wrapping around a leg/foot. It may be obvious to make one arm longer so that it can fully wrap
`
`around the body part and provide a better seal. The device would function appropriately having
`
`the claimed size.
`
`Regarding claim 4, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`above in claim 1 and Randolph further teaches wherein the first arm and the second arm
`
`extend away from the stem (see Figure 6A).
`
`Regarding claim 5, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`above in claim 1 and Randolph further teaches wherein the first arm and the second arm
`
`comprise converging edges (see Figure 6B) (see below).
`
`Regarding claim 6, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`above in claim 1 and Randolph further teaches wherein the stem, the first arm, and the second
`
`arm define biconcave edges (see Figure 6B) (see above).
`
`Regarding claim 7, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`above in claim 1 and Randolph further teaches wherein the manifold comprises a face that is
`
`biconcave (see Figure 6B).
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 8
`
`aot
`
`4Bsartosnavisnovioned
`
` pines
`
` poetAnnStbOnPantaTieseoneetepneedaE
`
`
`Speercceedde:
`Nptlnteadooncies
`
`pnaigerette
`
`
`ene
`
`Convergingbi-
`concave edges
`
`leetinips
`
`FIG. 6B
`
`Regarding claim 8, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`abovein claim 1 and Randolph further teaches wherein the manifold (612) has a line of
`
`symmetry through the stem (See Figure 6B).
`
`Regarding claim 9, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`above in claim 1 and Randolph further teaches wherein: the manifold has a line of symmetry
`
`through the stem (manifold (612) is symmetric through the stem, see Figure 6B); and the first
`
`arm (640) and the second arm (630) define a void adjacent to each side of the stem (there are
`
`voids located between the first arm (640) and second arm (630), see Figure 6B) (see below).
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 9
`
`
` Edge bounds first.arm
`
`i640) second arm {530}
`and stern (635)
`
`Regarding claim 10, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`abovein claim 1 and Randolph further teaches wherein: the manifold (612) has an edge
`
`boundingthe first arm and the second arm (see above); and a portion of the edge bounding the
`
`first arm and the second arm converges toward the stem to define a concave void adjacent to
`
`each side of the stem (the edge converges towards stem (635), see above).
`
`Regarding claim 11, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`abovein claim 1 and Randolph further teaches a dressing interface (a reduced-pressure
`
`interface (92), see Figure 1)(any one embodiment may also be applicable to any other
`
`embodiment, see Paragraph [0083]) fluidly coupled to the first arm through the cover (the
`
`aperture (981), analogous to aperture (1081) in Figure 15, is for allowing fluid communication
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 10
`
`with a reduced-pressureinterface (e.g., reduced-pressure interface (92) in FIG. 1), see last line
`
`of Paragraph [0074)).
`
`Regarding claim 12, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`abovein claim 1 and Cavanaugh further teaches wherein the manifold comprises foam (flexible
`
`dressing bolster (1032) formed from foam, see Paragraph [0081]).
`
`Regarding claim 13, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`abovein claim 1 and Cavanaugh further teaches a comfort layer (comfort layer (970), see Figure
`
`14) coupled to the manifold (coupled to dressing bolster (932), analogous to dressing bolster
`
`(1032) in Figure 15)(any one embodiment may also be applicable to any other embodiment, see
`
`Paragraph [0083]), the comfort layer at least partially exposed through the treatment aperture
`
`(aperture (1071) provides an opening for at least a portion of the flexible dressing bolster (ora
`
`comfort layer), see Paragraph [0078}).
`
`Regarding claim 14, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`above in claim 1 and Randolph further teaches wherein the adhesive is disposed in a border of
`
`the attachmentdevice(it is reasonably deduced that thereis a ring of adhesive formed on the
`
`boarder of drape (1065) for releasable members (1082), see Figure 15).
`
`Regarding claim 15, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`above in claim 1 and Cavanaugh further teaches wherein the attachment device further
`
`comprises a sealing ring around the treatment aperture (adhesive (1083) forms a sealing ring
`
`around treatment aperture (1071), see Figure 15).
`
`Regarding claim 32, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`abovein claim and Randolph further teaches wherein: the stem (635) is configured to be placed
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 11
`
`over a portion of a leg above the ankle (dressing portion (635) is placed abovethe ankle, see
`
`Figure 7B); However, Cavanaugh and Randolph do notexplicitly disclose the first arm is
`
`configured to be placed over a lateral portion of the leg; and the second armis configured to be
`
`placed over a medial portion of the leg.
`
`It would have been obvious to one of ordinaryskill in the art before the effectivefiling
`
`date of the claimed invention to rearrange the first stem to be located over a lateral portion of
`
`the leg and the second arm to be located over a medial portion of the leg, since the claims to an
`
`dressing which read on the prior art expect with regard to the position of the first and second
`
`would not have modified the operation of the device (providing negative pressure to a wound).
`
`The particular placement of the first and second arms would be obvious matter of design choice
`
`to one skilled in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a
`
`hydraulic power press which read on the prior art except with regard to the position of the
`
`starting switch were held unpatentable becauseshifting the position of the starting switch
`
`would not have modified the operation of the device.). See In re Kuhle, 526 F.2d 553, 188 USPQ
`
`7 (CCPA 1975) (the particular placementof a contact in a conductivity measuring device was
`
`held to be an obvious matter of design choice).
`
`Regarding claim 33, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`abovein claim and Randolph further teaches the manifold (610) has a line of symmetry through
`
`the stem (see below); the first arm is asymmetrical about the line of symmetry (the manifold
`
`may come in manysizes or shapes deposing on the nature and size of intact skin at the tissue
`
`site, see Paragraph [0037]) (this would include an asymmetrical first arm, about the symmetry
`
`line, that is adapted to the contoursof a specific body part); and the second arm is symmetrical
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 12
`
`830.
`
`FIG, 6B
`
`about the line of symmetry (second arm (630) is symmetrical about the line of symmetry, see
`
`below).
`
`Regarding claim 34, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`above in claim and Cavanaugh further teaches wherein the arm extension is coupled to the first
`
`arm (arm extension is integral to the first arm of dressing bolster (1032), see Figure 15).
`
`Regarding claim 36, Cavanaugh and Randolph teach all of the limitations, as discussed
`
`abovein claim and Cavanaugh further teaches a first side release liner (first side portion of
`
`release liner (1087), see below) configured to be releasably coupled to the attachment device
`
`(coupled to second, inward facing side of second drape portion (1065), see Paragraph [0079])
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 13
`
`onafirst side of the manifold (onafirst side of the dressing bolster (1032)); a second side
`
`release liner (second side portion of release liner (1087)) configured to be releasably coupled to
`
`the attachment device (coupled to second, inward facing side of second drape portion (1065),
`
`see Paragraph [0079]) on a second side of the manifold opposite the first side (on a first side of
`
`the dressing bolster (1032)); and a center release liner (release liner (1086)) configured to be
`
`SEER Leoae.
`PRR©
`
`Second side of
`
`dressing bolster
`
`First side of
`
`dressing bolster
`
`Center of dressing
`
`PIG. 15
`
`
`IAPLELSLAPLELALASLELEESGE
`
`bolster
` a
`of release liner SLIILSLLIISSLLIISSSLLISSSLLILSSELIPSSELPPSSSEPISSSELIPSSELPASSSLPPSSSELPSSSELISSSELPPSSEELPSSSELPSSSELSSSSEL,
`
`
`First side portion of
`.
`release liner
`
`Second side portion
`
`Center portion of
`
`release liner
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 14
`
`releasably coupled to the attachmentdevice (coupled to second, inward facing side of second
`
`drape portion (1065), see Paragraph [0079]) at a center portion of the manifold (at the center
`
`portion of the dressing bolster (1086)).
`
`9.
`
`Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Cavanaugh and
`
`Randolph,as applied in claim 15, and in further view of Bradley et al. (US 20120022436 A1),
`
`hereinafter referred to as “Bradley”.
`
`Regarding claim 16, Cavanaugh and Randolph teach all of the limitations as discussed
`
`above in claim 15. However, modified Cavanaugh does notexplicitly disclose wherein the
`
`sealing ring comprises a hydrocolloid.
`
`Bradley teaches wherein the sealing ring comprises a hydrocolloid (sealing adhesive (30)
`
`is a hydrocolloid adhesive, see Figure 2A and Paragraph [0019]).
`
`Modified Cavanaugh and Bradley are analogous art because both deal with negative
`
`pressure wound therapy systems.
`
`It would have been obvious to a person having ordinaryskill in the art before the
`
`effective filling date of the invention to modify the sealing ring adhesive of modified Cavanaugh
`
`and further include wherein the sealing ring was made from an hydrocolloid, as taught by
`
`Bradley. Bradley teaches hydrocolloids are known to function well as occlusive dressings, also
`
`proven to beeffective bacterial barriers provide additional healing properties, absorb wound
`
`exudate, and prolong the useful life of the environmental control chamber (See Paragraph
`
`[0020)).
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 15
`
`10.
`
`Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Cavanaugh and
`
`Randolph,as applied in claim 1, and in further view of Locke et al. (US 20170189236 A1),
`
`hereinafter referred to as “Locke”.
`
`Cavanaugh and Randolph teach all of the limitations, as discussed abovein claim 1.
`
`However, Cavanaugh and Randolph do not explicitly disclose a dressing bridge configured to
`
`fluidly couple a fluid conductor to the first arm.
`
`Locke teaches a negative pressure wound dressing (324) (see Figure 9) comprising a
`
`dressing bridge (bridge assembly (310)) configured to fluidly couple the fluid conductor to the
`
`first arm (bridge assembly (310) connects conduit (196) to a transmitting end (338) of bridge,
`
`see Figure 9) (see Paragraph [0104]).
`
`Cavanaugh, Randolph, and Locke are analogous art becauseall deal with a negative
`
`pressure wound therapy system.
`
`It would have been obvious to a person having ordinary skill in the art before the
`
`effective filling date of the invention to modify the wound dressing system of Cavanaugh and
`
`further include a dressing bridge to couple the fluid conductor to the wound dressing, as taught
`
`by Locke. Locke teaches the bridge may reduce power consumption, leakage, and other
`
`challenges that may be associated with fluid head pressure caused by a static column offluid
`
`that can reside in a conventional tube or similar structure providing fluid communication
`
`between a dressing and a reduced-pressure source. Further, a mass of fluid removed from a
`
`tissue site may be moved away from the surface of the tissue site. The storage bridge may also
`
`provide a low-profile and conformable solution for providing fluid communication with a tissue
`
`site, which may enhancepatient comfort (see Paragraph [0120]).
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 16
`
`Response to Arguments
`
`11.
`
`Applicant’s arguments, see pg. 1, filed 10/21/2022, with respect to 35 U.S.C. 112 have
`
`been fully considered and are persuasive. The 112(b) rejection of claims 33 and 34 have been
`
`withdrawn.
`
`12.
`
`Applicant’s arguments with respect to claims 1-15, 32, and 33 have been considered but
`
`are moot because the new ground of rejection does not rely on any reference applied in the
`
`prior rejection of record for any teaching or matter specifically challenged in the argument.
`
`Conclusion
`
`13.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ERIC RASSAVONG whosetelephone number is (408)918-7549.
`
`The examiner can normally be reached Monday - Friday 9:00am-5:30pm PT.
`
`Examiner interviews are available via telephone,in-person, and video conferencing
`
`using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is
`
`encouraged to use the USPTO Automated Interview Request(AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Nicholas J. Weiss can be reached on (571)270-1775. The fax phone number for the
`
`organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is available
`
`to registered users. To file and manage patent submissions in Patent Center,visit:
`
`https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 17
`
`moreinformation about Patent Center and https://www.uspto.gov/patents/docx for
`
`information about filing in DOCX format. For additional questions, contact the Electronic
`
`Business Center (EBC) at 866-217-9197(toll-free). If you would like assistance from a USPTO
`
`Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/E.R./ (2/9/2023)
`Examiner, Art Unit 3781
`
`/SUSANS SU/
`Primary Examiner, Art Unit 3781
`10 February 2023
`
`

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