`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/757,642
`
`04/20/2020
`
`Jonathan G. REHBEIN
`
`PO001590US03PCT
`
`7110
`
`60402
`
`7590
`
`01/23/2024
`
`KINETIC CONCEPTS, INC.
`c/o Harness Dickey & Pierce
`5445 Corporate Drive
`Suite 20
`Troy, MI 48098
`
`EXAMINER
`
`RASSAVONG,ERIC
`
`Para NONE
`
`3781
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/23/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time 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`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-16,18-30 and 32-36is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* 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://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s) filed on 04/20/20 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)£) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Q) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240109
`
`Application No.
`Applicant(s)
`16/757,642
`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 STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 RCE filed on 12/04/2023.
`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) 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)(2) 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
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`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 12/04/2023 has been entered.
`
`Status of Claims
`
`3.
`
`Claims 1-11, 13-16, 18-30, and 32-36 are currently pending. Claims 18-30 were
`
`previously withdrawn. Claims 12, 17, and 31 were previously cancelled. No new subject matter
`
`is added.
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`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
`
`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:
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 3
`
`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.
`
`5.
`
`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.
`
`6.
`
`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 of the effective filing date of the claimed invention(s) absent any evidence to the
`
`contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and
`
`effective filing dates of each claim that was not commonly owned as of the effective filing date
`
`of the later invention in order for the examiner to consider the applicability of 35 U.S.C.
`
`102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
`
`7.
`
`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 et al. (US 20140276288 A1), hereinafter referred to as “Randolph”and in further view
`
`of DeBusk et al. (US 5344415 A), hereinafter referred to as “DeBusk”.
`
`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
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 4
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`movable tissues site, i.e. a patients joint, see Figure 15)(see Abstract) (see Paragraph [0082]),
`
`the dressing comprising:
`
`a foam manifold (foam dressing bolster (1032)) (see Paragraph [0081]) 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 beapplicable to
`
`any other embodiment, see Paragraph [0083)]);
`
`an attachmentdevice (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
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
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`Page 5
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`adhesive to be placed against a portion of the patient's epidermis, see Paragraph [0079] and
`
`[0080)).
`
`However, Cavanaugh does not explicitly teach a manifold comprising a stem, a first arm
`
`joined to the stem, and a second arm joined to the stem.
`
`First arm of dressing
`bolster (1032) extends in
`a first direction
`
`UEEELSLLLATUEEELLLLEETEEEELLLLEE
` UALUEELUAALLEUEELLALDLUEDLASLESTUTELASLEALUTELASLESTUEELASLEATUDELASLESTUEELASLESLUITELASLESTUTELASLELEUEDELELLDCUAEEEASLEAUEEELNSLESEUUEELASLEAUUDELNSLEAUEEELSSLEAUUEELSSLEAUEDELSLSEALUEEELSLLEA
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`Application/Control Number: 16/757,642
`Art Unit: 3781
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`Page 6
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`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
`
`(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 ordinary skill 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 dressing facilitates joint
`
`articulation and flexing as well as being adjustable for application to the manyvariants in the
`
`anatomy of a 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]).
`
`Cavanaugh and Randolph teaches all of the limitations as described above and
`
`Cavanaugh further teaches that the density and thickness of the shaped bolster (1032) are
`
`variables for controlling a lifting force (see Paragraph [0081]). However, Cavanaugh and
`
`Randolph do not explicitly disclose wherein the stem comprises a foam having a higher density
`
`than the first arm and the second arm.
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 7
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`DeBusk teaches a sterile system for dressing vascular sites in the skin comprising: a foam
`
`manifold (a sterile site-covering pad (14)) comprising a stem (center portion (48), see Figure 5)
`
`and a first arm joined to the stem (a second sterile dressing componentin the form ofa sterile
`
`immobilizing strip (16), see Figure 5), wherein the stem comprises foam with a higher density
`
`than the arms (the absorbent medium (48) has a higher than the density of the immobilizing
`
`strip (16), see Col. 6 lines 40-54) (absorbent medium has a density of 1/16 of an inch, see Col. 6
`
`lines 40-54) (immobilizing strip has a density of 1/32 of an inch, see Col. 6 lines 40-54).
`
`Cavanaugh, Randolph, and DeBusk are analogous art becauseall deal with a tissue
`
`dressing assembly.
`
`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 foam manifold of Cavanaugh and Randolph
`
`and further include wherein the stem comprises a foam with a higher density than the first arm
`
`and the second arm as taught by DeBusk. DeBusk teaches the componentsof the dressing help
`
`to protect the access site from damage and provide desirable control of moisture transmission
`
`from coverage areas (see Col . 8 lines 24-27).
`
`Regarding claim 2, Cavanaugh, Randolph, and DeBusk teach all of the limitations, as
`
`discussed abovein 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, Randolph, and DeBusk teach all of the limitations as
`
`discussed abovein claim 1. However, Cavanaugh, Randolph, and DeBusk do not explicitly
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 8
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`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
`
`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, Randolph, and DeBusk teach all of the limitations, as
`
`discussed abovein 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, Randolph, and DeBusk teach all of the limitations, as
`
`discussed abovein claim 1 and Randolph further teaches wherein the first arm and the second
`
`arm comprise converging edges (see Figure 6B) (see below).
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 9
`
`Regarding claim 6, Cavanaugh, Randolph, and DeBusk teach all of the limitations, as
`
`discussed abovein 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).
`
`Convergingbi-
`concave edges
`
` arpicitieanbent2226
`
`
`encomntee:
`
`
`
`
`
`os
`
`sreevdbecncoenpersstPA:
`
`FIG. 68
`
`Regarding claim 8, Cavanaugh, Randolph, and DeBusk 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).
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 10
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`Regarding claim 9, Cavanaugh, Randolph, and DeBusk 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 eachside of the stem
`
`(there are voids located between the first arm (640) and second arm (630), see Figure 6B) (see
`
`below).
`
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`
`Regarding claim 10, Cavanaugh, Randolph, and DeBusk teach all of the limitations, as
`
`discussed abovein claim 1 and Randolph further teaches wherein: the manifold (612) has an
`
`edge bounding the first arm and the second arm (see above); and a portion of the edge
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 11
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`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, Randolph, and DeBusk teach all of the limitations, as
`
`discussed abovein claim 1 and Randolph further teaches a dressing interface (a reduced-
`
`pressureinterface (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
`
`with a reduced-pressureinterface (e.g., reduced-pressure interface (92) in FIG. 1), see last line
`
`of Paragraph [0074)).
`
`Regarding claim 12, Cavanaugh, Randolph, and DeBusk teach all of the limitations, as
`
`discussed above in 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, Randolph, and DeBusk 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 openingfor at least a portion of the flexible
`
`dressing bolster (or a comfort layer), see Paragraph [0078]).
`
`Regarding claim 14, Cavanaugh, Randolph, and DeBusk teach all of the limitations, as
`
`discussed abovein claim 1 and Randolph further teaches wherein the adhesiveis disposed in a
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 12
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`border of the attachment device(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, Randolph, and DeBusk teach all of the limitations, as
`
`discussed abovein 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, Randolph, and DeBusk teach all of the limitations, as
`
`discussed abovein claim and Randolph further teaches wherein: the stem (635) is configured to
`
`be placed over a portion of a leg above the ankle (dressing portion (635) is placed above the
`
`ankle, see Figure 7B); However, Cavanaugh, Randolph, and DeBusk do not explicitly disclose the
`
`first arm is configured to be placed over a lateral portion of the leg; and the second arm is
`
`configured to be placed over a medial portion ofthe 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
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 13
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`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, Randolph, and DeBusk 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 symmetryline, that is adapted to the contoursof a specific body part); and the
`
`VOB ermeetcaerctNNeeerent
`
`Leen
`
`Ba0-
`
`BYO. 68
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 14
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`second arm is symmetrical about the line of symmetry (second arm (630) is symmetrical about
`
`the line of symmetry, see annotated figure).
`
`Regarding claim 34, Cavanaugh, Randolph, and DeBusk teach all of the limitations, as
`
`discussed abovein 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, Randolph, and DeBusk teach all of the limitations, as
`
`discussed abovein claim and Cavanaugh further teaches a first side release liner (first side
`
`portion ofrelease liner (1087), see below) configured to be releasably coupled to the
`
`attachmentdevice (coupled to second, inward facing side of second drape portion (1065), see
`
`Paragraph [0079]) onafirst side of the manifold (on a first 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
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`side (onafirst side of the dressing bolster (1032)); and a center releaseliner (release liner
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`(1086)) configured to be releasably coupled to the attachment device (coupled to second,
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`inward facing side of second drape portion (1065), see Paragraph [0079]) at a center portion of
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`the manifold (at the center portion of the dressing bolster (1086)).
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`
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`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 15
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`Second side of
`
`dressing bolster
`
`SELELELLELELELLLLELELELA
`efeccreranecrerantaneentanttit i
`
`IEA
`
` of release liner “LLLEALLASLLASLLASLLESLEESLEESLEELLIELLASLLASLLESLLESLLESLLESLEESLEELLIELLASLLASLLESLLASLLESLLESLIELLIELLISLLASLESLLALLASLLADLIDL
`
`First side of
`
`dressing bolster
`
`f
`
`Center of dressing
`
`bolster
`
`PIG, ES
`
`First side portion of
`release liner
`
`Second side portion
`
`Center portion of
`
`release liner
`
`8.
`
`Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Cavanaugh,
`
`Randolph and DeBusk,as applied in claim 15, and in further view of Bradley et al. (US
`
`20120022436 A1), hereinafter referred to as “Bradley”.
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`
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`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 16
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`Regarding claim 16, Cavanaugh, Randolph, and DeBusk teach all of the limitations as
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`discussed above in claim 15. However, modified Cavanaugh does not explicitly disclose wherein
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`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]).
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`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 ordinary skill in the art before the
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`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 be effective bacterial barriers provide additional healing properties, absorb wound
`
`exudate, and prolong the useful life of the environmental control chamber (See Paragraph
`
`[0020)).
`
`9.
`
`Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Cavanaugh,
`
`Randolph, and DeBusk, as applied in claim 1, and in further view of Locke etal. (US
`
`20170189236 A1), hereinafter referred to as “Locke”.
`
`Cavanaugh, Randolph, and DeBusk teach all of the limitations, as discussed abovein
`
`claim 1. However, Cavanaugh, Randolph, and DeBusk 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
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 17
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`first arm (bridge assembly (310) connects conduit (196) to a transmitting end (338) of bridge,
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`see Figure 9) (see Paragraph [0104]).
`
`Modified Cavanaugh 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]).
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`Response to Arguments
`
`10.
`
`Applicant’s arguments with respect to claims 1 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.
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`Conclusion
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`11.
`
`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.
`
`
`
`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 18
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`
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`
`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:
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`https://patentcenter.uspto.gov.Visit https://www.uspto.gov/patents/apply/patent-center for
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`moreinformation about Patent Center and https://www.uspto.gov/patents/docx for
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`
`/E.R./ (1/13/2024)
`Examiner, Art Unit 3781
`
`/SUSANS SU/
`Primary Examiner, Art Unit 3781
`16 January 2024
`
`