DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-20 are pending, of which Claims 1-13 remain withdrawn for being directed to non-elected Invention I and Claims 14 & 16-18 are amended. Claims 14-20 are examined on the merits. No new matter is found.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 14, 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aali et al. (US 2010/0256545).
Re Claim 14, Aali bandage system for use in the treatment of wounds (e.g., Figs. 1A & 10), the system comprising:
a bandage portion (dressing 10 or 110) have having one or more ports (a port is necessarily present where flexible tube 114 joins to the support cushion 111, see Fig. 10) for supplying one or more treatment gasses, one or more medicaments ([0093] “to delivery fluids, such as topical antibiotics”), a vacuum, a pressure, or combinations thereof; and
a foam layer (support cushion 20 or 111, [0043] “closed cell polyolefin foam”) connected to the perimeter of said bandage portion (see Figs. 1 A & 10), wherein said foam layer is configured to elevate said bandage portion above a wound ([0043]) such that said bandage portion contacts only skin surrounding said wound to form a sealed cavity therebetween.
Re Claim 16, Aali discloses claim 14 and further disclosing wherein said foam portion further comprises one or more ports (where 114 joins to 111, Fig. 10) for supplying one or more treatment gasses, one or more medicaments ([0043]), a vacuum to a portion of the bandage, a pressure to a portion of the bandage, or combinations thereof.
Re Claim 17, Aali discloses claim 14 and further disclosing a dermal adhesive (biocompatible adhesive 25, Fig. 1B, [0043])for adhering said bandage portion to the skin around a wound.
Re Claim 18, Aali discloses claim 16 and further disclosing use of at least one outlet tube (114, Fig. 10) using said one or more ports which are present in said bandage portion or said foam layer, said ports forming a leak-proof bond (implied since the cushion prevents wound exudate from leaking and therefore all parts of the system should be leakproof) to said bandage portion or said foam layer to prevent the introduction of outside contamination, or leakage of fluids, gas, or otherwise from the affected area, to assist with fluid drainage from the wound area or any absorbent material which may be placed within said bandage portion or said foam layer.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 obviousness or nonobviousness.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Aali in view of Stevens (US 3,026,874).
Re Claim 15, Aali discloses claim 14 but does not explicitly disclose wherein a portion of said bandage portion is transparent. Stevens discloses a bandage portion with a foam layer connected to the perimeter of the bandage portion, wherein the bandage portion is transparent (col. 1 lines 61-63, “fixed upon the top surface 14 of the dam 12, are similar clear sheet plastic” & col. 2 lines 18-19 “clear or transparent window plate 64”). It would have been obvious to one skilled in the art at the time of filing to modify Aali with Stevens such that it is easier to monitor how well the wound is healing.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Aali in view of Moore (US 2016/0136404).
Re Claim 19, Aali discloses claim 14 but does not disclose one or more straps for securing said system to the affected area, said strap having at least one inlet port for receiving a fluid or gas to apply pressure to the strap for use as a tourniquet. Moore discloses a bag (620) for covering around a wound and supplying antiseptic solution to the wound (see Abstract), wherein the bag comprises straps (closing means 630 & 632) for securing the bag around the wound (Figs. 6-7). Moore further discloses that the straps may be an inflatable cuff (inflated via 480 & 490, see Fig. 4) such that it may be a tourniquet ([0018]). It would have been obvious to one skilled in the art at the time of filing to modify Aali with the inflatable straps taught in Moore because this can ensure fluid within the bandage portion does not leak out and it is well known that tourniquet can reduce bleeding, which would also allow the wound to start the healing process.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Aali in view of Shuler (US 2011/0054283).
Re Claim 20, Aali discloses claim 14 but does not disclose the use of sensors to detect and warn of vascular collapse or perfusion deficits in the affected area. Shuler discloses a wound dressing having a sensor ([0128]) that monitors tissue viability and perfusion under the dressing. It would have been obvious to one skilled in the art at the time of filing to modify Aali with Shuler’s sensor for the added benefit of improved monitoring of wound healing (e.g., better assessment of how much the wound has healed).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SUSAN S SU/Primary Examiner, Art Unit 3781 6 February 2026