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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after appeal to the Patent Trial and Appeal Board, but prior to a decision on the appeal. 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examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 02/09/2026 has been entered.
Status of Claims
Claims 1-11, 13-15, 17-19, and 21-25 are currently pending. Claims 1 and 17 are currently amended. Claims 12, 16, and 20 were previously cancelled. Claim 25 is newly added. No new subject matter is added.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 17 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.
Claim Rejections - 35 USC § 103
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-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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:
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.
Claims 1-5, 7, 10-11, 13-15, 17-19, 21, and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Fowler et al. (WO 2016018448 A1), hereinafter referred to as “Fowler”, in view of Ballantyne et al. (US 20130317837 A1).
Regarding Claim 1, Fowler teaches a negative pressure wound therapy device (negative pressure wound treatment system, see Figures 1-4 and 10) comprising:
a housing with an exterior surface (exterior surface of pump assembly (230/430), see Figure 2A-C and 4), the exterior surface of the housing comprising a region configured to facilitate pairing with a computing device (a wired or wireless connection can be utilized to connect a computer 410 to the pump assembly 420; For example, a USB connection can be used, see Paragraph [0060]; it is understood a USB port is located on an region exterior of the housing);
a source of negative pressure (390) enclosed by the housing (230) configured to aspirate fluid from a wound covered by a wound dressing (pump assembly is configured to aspirated fluid from wound cavity (110) via the wound cover (120) and wound filler (130), see Figures 1-3); and
an electronic circuitry (300) enclosed by the housing (230) configured to control the source of negative pressure (pump control processor (370) controls the pump (390), see Figure 3) (see Paragraph [0053]) and to wirelessly transmit and receive data (communication processor (330) can be configured to provide wired and/or wireless connectivity for sending and receiving data, see Paragraph [0054]), the electronic circuitry (300) is further configured to:
receive pairing data from the computing device in response to the computing device physically contacting a portion of the region of the exterior surface of the housing within the region (pairing data being received using a wired or wireless to connect the computer 410 to the pump assembly 420; For example, a USB connection can be used, see Paragraph [0060]) and not another portion of the exterior of the housing or the computing device being positioned at a distance satisfying a threshold distance from the exterior surface of the housing within the region (USB connection only happens at the USB and through the wired connection), the pairing data being received using a first communication protocol (the connection between the computer 410 and the pump assembly 420 can be used for various activities, such as pump assembly location tracking, asset tracking, compliance monitoring, selection, uploading of logs, alarms, and other operational data, and adjustment of therapy settings, upgrading of software and/or firmware, and the like, see Paragraph [0060]);
pair with the computing device using the pairing data (the computer 410 to initialization and programming the pump assembly 420, see Paragraph [0061]); and
subsequent to the pairing, transmit data to and receive data from the computing device using a second communication protocol different from the first communication protocol (the computer 410 can communicate with a remote computer or server 440 via the cloud 430 , see Paragraph [0060]).
However, Fowler does not explicitly disclose subsequent to transmitting data to and receiving data from the computing device using the second communication protocol, automatically unpair the computing device.
It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to try and automatically unpair the computing device subsequent to transmitting data to and receiving data from the computing device using the second communication protocol since it has been held "a person of ordinary skill has good reason to pursue the known options (the computing device remaining paired with the negative pressure wound therapy device or the computing device becoming unpaired with the negative pressure wound therapy device) within his or her technical grasp. If this leads to the anticipated success (a computing device that can easily communicate with safety), it is likely that product [was] not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103."KSR, 550 U.S. at 421, 82 USPQ2d at 1397.
Regarding Claim 2, Fowler teaches all of the limitations from claim 1 and Fowler further teaches wherein the electronic circuitry (300) is configured to receive the pairing data in response to the computing device being positioned at the distance from the exterior surface of the housing within the region satisfying the threshold distance (a wired or wireless connection can be utilized to connect a computer 410 to the pump assembly 420; For example, a USB connection can be used, see Paragraph [0060]; it is understood a USB port is located on an region exterior of the housing) and not in response to the computing device being positioned at another distance from the exterior surface of the housing within the region not satisfying the threshold distance (i.e. not at a distance outside of the USB connection).
Regarding Claim 3, Fowler teaches all of the limitations from claim 1 and Fowler further teaches an antenna coupled to the electronic circuitry and configured to wirelessly transmit and receive data, a coverage area of the antenna comprising one or more of the region of the exterior surface of the housing or a volume covering the threshold distance (the communications processor 330 can utilize one or more antennas 340 for sending and receiving data, see Paragraph [0054]; Figure 3).
Regarding Claim 4, Modified Fowler teaches all of the limitations from claim 3 and Fowler further teaches wherein the coverage area of the antenna does not extend to any other portion of the exterior surface of the housing outside of the region or to any other location outside the volume (the signal strength of the transmitted communications by the communications processor 330 can be controlled (for example, maintained at a constant or substantially constant level) to enable another device to determine a distance to the pump assembly, such as a distance between the device and the pump assembly, see Paragraph [0058]).
Regarding Claim 5, Modified Fowler teaches all of the limitations from claim 3 and wherein the antenna is positioned within the housing adjacent to the exterior surface of the housing within the region (see Figure 3) and a thickness of the housing within the region is thinner than a thickness of the housing adjacent to the region (a display or screen 206 mounted in a recess 208 formed in a case of the pump assembly, see Figure 2A).
However, Fowler does not explicitly disclose wherein the antenna is positioned within a thickness of the housing within the region is thinner than a thickness of the housing adjacent to the region.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the antenna to be located within a thickness of the housing within the region is thinner than a thickness of the housing adjacent to the region, since the claims to an antenna which read on the prior art expect with regard to the position of the antenna would not have modified the operation of the device (providing wireless communication to a remote device). The particular placement of the antenna 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 because shifting 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 placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding Claim 7, Fowler teaches all of the limitations from claim 1 and Fowler further teaches wherein the electronic circuitry is configured to transmit data to and receive data from the computing device only subsequent to the pairing with the computing device (the computer 410 to initialization and programming the pump assembly 420, see Paragraph [0061]; the computer transfer data after the initialization of the pump assembly).
Regarding Claim 10, Fowler teaches all of the limitations from claim 1 and Fowler further teaches wherein the second communication protocol comprises Bluetooth or Wi-Fi (he communications processor 330 can provide one or more of the following types of connections: Wi-Fi connectivity, see Paragraph [0054]).
the first communication protocol comprises near-field communication (NFC) or radio frequency identification (RFID).
Regarding Claim 11, Fowler teaches all of the limitations from claim 1 and Fowler further teaches wherein the data transmitted to the computing device comprises one or more of operational data associated with provision of negative pressure wound therapy or location data associated with location of the housing (he communications processor 330 can use the antenna 340 to communicate a location of the pump assembly, such as a location of a housing of the pump assembly, to other devices in the proximity, see Paragraph [0058]).
Regarding Claim 17, Fowler teaches a method of operating a negative pressure wound therapy device (operating negative pressure wound treatment system, see Figures 1-3 and 10), the method comprising, by an electronic circuitry of the negative pressure wound therapy device (an electrical component schematic (300) of a pump assembly (230) comprising a pump (390) and processors (370, 330), as illustrated in Figure 3):
receive pairing data from a remote computing device in response to the computing device physically contacting a portion of the region of the exterior surface of the housing within the region (the connection between the computer 410 and the pump assembly 420 can be used for various activities, such as pump assembly location tracking, asset tracking, compliance monitoring, selection, uploading of logs, alarms, and other operational data, and adjustment of therapy settings, upgrading of software and/or firmware, and the like, see Paragraph [0060]) and not another portion of the exterior of the housing or the computing device being positioned at a distance satisfying a threshold distance from the exterior surface of the housing within the region (USB connection only happens at the USB and through the wired connection), the pairing data being received using a first communication protocol (pairing data being received using a wired or wireless to connect the computer 410 to the pump assembly 420; For example, a USB connection can be used, see Paragraph [0060]);
pairing with the computing device using the pairing data (the computer 410 to initialization and programming the pump assembly 420, see Paragraph [0061]); and
subsequent to the pairing, transmit data to and receive data from the computing device using a second communication protocol different from the first communication protocol (the computer 410 can communicate with a remote computer or server 440 via the cloud 430 , see Paragraph [0060]).
However, Fowler does not explicitly disclose subsequent to transmitting data to and receiving data from the computing device using the second communication protocol, automatically unpairing the computing device.
It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to try and automatically unpair the computing device subsequent to transmitting data to and receiving data from the computing device using the second communication protocol since it has been held "a person of ordinary skill has good reason to pursue the known options (the computing device remaining paired with the negative pressure wound therapy device or the computing device becoming unpaired with the negative pressure wound therapy device) within his or her technical grasp. If this leads to the anticipated success (a computing device that can easily communicate with safety), it is likely that product [was] not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103."KSR, 550 U.S. at 421, 82 USPQ2d at 1397.
Regarding Claim 18, Fowler teaches all of the limitations from claim 17 and Fowler further teaches by the electronic circuitry (300), receiving the pairing data in response to the computing device being positioned at the distance from the exterior surface of the housing within the region satisfying the threshold distance (a wired or wireless connection can be utilized to connect a computer 410 to the pump assembly 420; For example, a USB connection can be used, see Paragraph [0060]; it is understood a USB port is located on an region exterior of the housing) and not in response to the computing device being positioned at another distance from the exterior surface of the housing within the region not satisfying the threshold distance (i.e. not at a distance outside of the USB connection).
Regarding Claim 19, Fowler teaches all of the limitations from claim 17 and Fowler further teaches wherein the negative pressure wound therapy device comprises an antenna coupled to the electronic circuitry and configured to wirelessly transmit and receive data, a coverage area of the antenna comprising one or more of the region of the exterior surface of the housing or a volume covering the threshold distance (the communications processor 330 can utilize one or more antennas 340 for sending and receiving data, see Paragraph [0054]; Figure 3).
Regarding Claim 21, Modified Fowler teaches all of the limitations from claim 19 and Fowler further teaches wherein the antenna is positioned within the housing adjacent to the exterior surface of the housing within the region (see Figure 3) and a thickness of the housing within the region is thinner than a thickness of the housing adjacent to the region (a display or screen 206 mounted in a recess 208 formed in a case of the pump assembly, see Figure 2A).
However, Fowler does not explicitly disclose wherein the antenna is positioned within a thickness of the housing within the region is thinner than a thickness of the housing adjacent to the region.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the antenna to be located within a thickness of the housing within the region is thinner than a thickness of the housing adjacent to the region, since the claims to an antenna which read on the prior art expect with regard to the position of the antenna would not have modified the operation of the device (providing wireless communication to a remote device). The particular placement of the antenna 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 because shifting 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 placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding Claim 24, Modified Fowler teaches all of the limitations of claim 1 and Fowler further teaches wherein the electronic circuitry is configured to receive pairing data from the computing device in response to the computing device physically contacting the portion of the region of the exterior surface of the housing within the region and not another portion of the exterior surface of the housing (pairing data being received using a wired or wireless to connect the computer 410 to the pump assembly 420; For example, a USB connection can be used, see Paragraph [0060]).
Regarding Claim 25, Fowler teaches all of the limitations of claim 1. However, Fowler does not explicitly disclose wherein the electronic circuitry is configured to automatically unpair the computing device responsive to an expiration of a duration of time.
It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to try and automatically unpair the computing device responsive to an expiration of a duration of time since it has been held "a person of ordinary skill has good reason to pursue the known options (the computing device remaining paired with the negative pressure wound therapy device or the computing device becoming unpaired with the negative pressure wound therapy device after time) within his or her technical grasp. If this leads to the anticipated success (a computing device that can easily communicate with safety), it is likely that product [was] not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103."KSR, 550 U.S. at 421, 82 USPQ2d at 1397.
Claims 6, 8-9, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Fowler (WO 2016018448 A1) in view of Maggiore (US 20170094446 A1).
Regarding Claim 6 and 22, Modified Fowler teaches all of the limitations from claim 1 and 17. However, Modified Fowler does not explicitly disclose wherein the antenna is at least partially shielded by an electromagnetic shield that limits the coverage area of the antenna to one or more of the region of the exterior surface of the housing or the volume extending no farther than the threshold distance away from the exterior surface of the housing within the region.
Maggiore teaches a system for securing contactless communications (see Abstract) wherein an antenna is at least partially shielded by an electromagnetic shield that limits the coverage area of the antenna to one or more of the region of the exterior surface of the housing or the volume (a Faraday cage may be employed to attenuate or block external sources of electromagnetic radiation in order to seal off the contactless communication setup from external sources of communication, see Paragraph [0049]) (creating an electromagnetic shield that limits the coverage of the NFC signals).
Fowler and Maggiore are analogous art because all teach about a wireless device and system for receiving data from and issuing commands to control various electronics.
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 antenna of modified Fowler and further include an electromagnetic shield that limits coverage area, as taught by Maggiore. Maggiore teaches a Faraday cage may protect signals, such as short-range RFID, NFC, or other radio signals, to prevent any leakage of those signals to the external environment, where they may be intercepted (see Paragraph [0049]).
Regarding Claim 8, Modified Fowler teaches all of the limitations from claim 1 However, Modified Fowler does not explicitly disclose wherein the pairing data comprises a passcode or an IP address.
Maggiore teaches a system for securing contactless communications (see Abstract) wherein methods such as encryption and password protection.
Fowler and Maggiore are analogous art because all teach about a wireless device and system for receiving data from and issuing commands to control various electronics.
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 electronic circuitry is further configured wherein the pairing data comprises a passcode or an IP address, as taught by Maggiore. Maggiore teaches its beneficial to been used to try and improve the security of the industrial operations.
Regarding Claim 9, Modified Fowler teaches all of the limitations from claim 1 However, Modified Fowler does not explicitly disclose wherein the electronic circuitry is further configured to encrypt data transmitted over the second communication protocol using the pairing data.
Maggiore teaches a system for securing contactless communications (see Abstract) wherein methods such as encryption and password protection.
Fowler and Maggiore are analogous art because all teach about a wireless device and system for receiving data from and issuing commands to control various electronics.
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 electronic circuitry is further configured to encrypt data transmitted over the second communication protocol using the pairing data, as taught by Maggiore. Maggiore teaches its beneficial to been used to try and improve the security of the industrial operations.
Claims 13-15 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Fowler (WO 2016018448 A1) in view of Brandolini et al. (WO 2019063462 A1), hereinafter referred to as “Brandolini”.
Regarding Claim 13, Modified Fowler teaches all of the limitations from claim 1 However, Modified Fowler does not explicitly disclose an optical sensor positioned within the housing adjacent to the exterior surface of the housing within the region, wherein: the exterior surface of the housing within the region is at least one of optically transparent or optically translucent; the exterior surface of the housing adjacent to the region is optically opaque; and the first communication protocol comprises an optical communication protocol.
Brandolini teaches a negative pressure wound therapy system (see Abstract, Figure 2) comprising: a housing (310) and an optical sensor positioned within the housing adjacent to the exterior surface of the housing within the region (a barcode, displayed by the user interface 314, see Figure 5; Paragraph [0074]), wherein: the exterior surface of the housing within the region is at least one of optically transparent or optically translucent (optical radiation from the user interface 314 being transparent to communicate the barcode, see Paragraph [0074]); the exterior surface of the housing adjacent to the region is optically opaque (exterior surface of housing adjacent the user interface 314 is formed out of opaque or made from rubber or silicone, see Paragraph [0047]; Figure 2A); and the first communication protocol comprises an optical communication protocol (an electronic device 510 can include an image sensor 512 to detect optical radiation, such as in the form of a barcode, displayed by the user interface 314, see Paragraph [0074]).
Modified Fowler and Brandolini are analogous art because both teach a negative pressure wound therapy device with pairing capabilities.
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 negative pressure housing of Modified Fowler and further include an optical sensor positioned within the housing adjacent to the exterior surface of the housing within the region to initiate the first communication protocol comprising an optical communication protocol, as taught by Brandonlini. Brandonlini teaches these features can reduce the memory or hardware requirements for a TNP apparatus because the TNP apparatus can enable access to the up-to-date label but not itself receive or present the up-to-date label. Moreover, this may increase the robustness and security of a TNP apparatus because the TNP apparatus may not be susceptible to receiving malicious or improper code via an update to label information for the TNP apparatus (see Paragraph [0030]).
Regarding Claim 14, Modified Fowler teaches all of the limitations from claim 13 and Brandonlini further teaches wherein the exterior surface of the housing within the region comprises a window made of optically transparent material (display 206 can support playback of audiovisual (AV) content, such as instructional videos. As explained below, the display 206 can be configured to render a number of screens or graphical user interfaces (GUIs) for configuring, controlling, and monitoring the operation of the TNP system, see Paragraph [0043]).
Regarding Claim 15, Modified Fowler teaches all of the limitations from claim 1. However, Modified Fowler does not explicitly disclose wherein: the exterior surface of the housing comprises a light transmitter and the first communication protocol comprises an optical communication protocol, and/or the exterior surface of the housing comprises a barcode that includes the pairing data.
Brandonlini teaches a negative pressure wound therapy system (see Abstract, Figure 2) comprising: a housing (310) and an optical sensor positioned within the housing adjacent to the exterior surface of the housing within the region (a barcode, displayed by the user interface 314, see Figure 5; Paragraph [0074]) wherein:
the exterior surface of the housing comprises a light transmitter and the first communication protocol comprises an optical communication protocol, and/or
the exterior surface of the housing comprises a barcode that includes the pairing data (a barcode, displayed by the user interface 314, see Paragraph [0074]; Figure 5).
Modified Fowler and Brandolini are analogous art because both teach a negative pressure wound therapy device with pairing capabilities.
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 negative pressure housing of Modified Fowler and further include the exterior surface of the housing comprises a barcode that includes the pairing data, as taught by Brandonlini. Brandonlini teaches these features can reduce the memory or hardware requirements for a TNP apparatus because the TNP apparatus can enable access to the up-to-date label but not itself receive or present the up-to-date label. Moreover, this may increase the robustness and security of a TNP apparatus because the TNP apparatus may not be susceptible to receiving malicious or improper code via an update to label information for the TNP apparatus (see Paragraph [0030]).
Regarding Claim 23, Modified Fowler teaches all of the limitations from claim 19 and However, Brandonlini does not explicitly disclose wherein the negative pressure wound therapy device comprises at least one of: an optical sensor positioned within the housing adjacent to the exterior surface of the housing within the region, wherein: the exterior surface of the housing within the region is at least one of optically transparent or optically translucent; the exterior surface of the housing adjacent to the region is optically opaque; and the first communication protocol comprises an optical communication protocol, or a barcode positioned on the exterior surface of the housing, the barcode including the pairing data.
Brandolini teaches a negative pressure wound therapy system (see Abstract, Figure 2) comprising: a housing (310) and an optical sensor positioned within the housing adjacent to the exterior surface of the housing within the region (a barcode, displayed by the user interface 314, see Figure 5; Paragraph [0074]), wherein: the exterior surface of the housing within the region is at least one of optically transparent or optically translucent (optical radiation from the user interface 314 being transparent to communicate the barcode, see Paragraph [0074]); the exterior surface of the housing adjacent to the region is optically opaque (exterior surface of housing adjacent the user interface 314 is formed out of opaque or made from rubber or silicone, see Paragraph [0047]; Figure 2A); and the first communication protocol comprises an optical communication protocol (an electronic device 510 can include an image sensor 512 to detect optical radiation, such as in the form of a barcode, displayed by the user interface 314, see Paragraph [0074]).
Modified Fowler and Brandolini are analogous art because both teach a negative pressure wound therapy device with pairing capabilities.
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 negative pressure housing of Modified Fowler and further include an optical sensor positioned within the housing adjacent to the exterior surface of the housing within the region to initiate the first communication protocol comprising an optical communication protocol, as taught by Brandonlini. Brandonlini teaches these features can reduce the memory or hardware requirements for a TNP apparatus because the TNP apparatus can enable access to the up-to-date label but not itself receive or present the up-to-date label. Moreover, this may increase the robustness and security of a TNP apparatus because the TNP apparatus may not be susceptible to receiving malicious or improper code via an update to label information for the TNP apparatus (see Paragraph [0030]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC RASSAVONG whose telephone number is (408)918-7549. The examiner can normally be reached Monday - Friday 9:00am-5:30pm PT.
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/ERIC RASSAVONG/ (6/19/2026)Examiner, Art Unit 3781
/SARAH AL HASHIMI/Supervisory Patent Examiner, Art Unit 3781
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