throbber
www.uspto.gov
`
`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`5a) Of the above claim(s) _ is/are withdrawn from consideration.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
`
`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
`
`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
`
`Page 5
`
`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
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 6
`
`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
`
`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
`
`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
`
`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).
`
`Pg om Th.
`
`a
`
`2
`:
`Me
`>
`fs
`AS
`
`:
`Lt
`
`=
`
`:
`
`..
`
`E
`
`a‘
`%
`xy
`*
`So
`
`rand
`
`;
`
`:
`
`steht
`
`weenne
`pewterTPO:
`
`
`
`x
`‘
`<
`
`z
`3
`2
`
`3
`Z
`
`-
`
`.
`
`z
`Void
`
`Ni Edge bounds first.arrr
`
`Pics. &8
`
`second arnt
`
`{640}
`anc stem (635)
`
`G
`
`.
`
`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
`
`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
`
`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
`
`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
`
`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
`
`side (onafirst side of the dressing bolster (1032)); and a center releaseliner (release liner
`
`(1086)) configured to be releasably coupled to the attachment device (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)).
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 15
`
`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”.
`
`

`

`Application/Control Number: 16/757,642
`Art Unit: 3781
`
`Page 16
`
`Regarding claim 16, Cavanaugh, Randolph, and DeBusk teach all of the limitations as
`
`discussed above in claim 15. However, modified Cavanaugh does not explicitly 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 ordinary skill 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 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
`
`first arm (bridge assembly (310) connects conduit (196) to a transmitting end (338) of bridge,
`
`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]).
`
`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.
`
`Conclusion
`
`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
`
`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
`
`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./ (1/13/2024)
`Examiner, Art Unit 3781
`
`/SUSANS SU/
`Primary Examiner, Art Unit 3781
`16 January 2024
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket