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, 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 29 October 2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 6, and 11-13 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 § 102
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 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ingram et al. (2015/0320434).
With respect to claim 1, Ingram discloses a dressing for treating a tissue site, as shown in figure 1, comprising a contact layer 110 having a plurality of pores, as disclosed in paragraph [0065], a first side and a second side configured to be positioned adjacent a tissue site 103, and further having a plurality of holes 140 extending through from the first side to the second side, as shown in figure 6 and disclosed in paragraph [0070]. The dressing further comprises a retainer layer 108 formed of a porous material, as disclosed in paragraph [0046] and coupled to the first side of the contact layer 110, as shown in figure 6.
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.
Claim(s) 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ingram et al. (2015/0320434) in view of Locke et al. (2016/0175156).
With respect to claims 6 and 11, Ingram discloses all aspects of the claimed invention with the exception of the dressing further comprising a second retainer layer coupled to the contact layer and the first side of the first retainer layer, and a polyurethane film layer having a plurality of perforations, a first adhesive on a first side, a second adhesive on the second side, and coupling the first retainer layer to the second retainer layer. Locke discloses a dressing comprising first retainer layer 120 and a second retainer layer 180 separated by a polyurethane film layer 178, as shown in figure 11 and disclosed in paragraph [0079]. The polyurethane film layer has a plurality of perforations, as disclosed in paragraph [0081], and is held in place by adhesive, as disclosed in paragraph [0079]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the dressing of Ingram with a second retainer layer coupled to the first retainer layer by adhesive layers on a polyurethane film layer having a plurality of perforations, as taught by Locke, to achieve the predictable result of combining known elements to achieve the predictable result of controlling the flow of liquid from the wound through the dressing.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ingram et al. (2015/0320434) in view of Locke et al. (2016/0175156), and further in view of Gowans et al. (2019/0192350).
With respect to claim 12, Ingram as modified by Locke discloses all aspects of the claimed invention with the exception of the first adhesive having a higher bond strength than the second adhesive. Gowans discloses a dressing comprising retaining layers and a polyurethane film layer, and teaches providing different strength adhesives to help the dressing maintain its integrity, as disclosed in paragraph [0033]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the first adhesive of modified Ingram having a higher bond strength than the second adhesive, as taught by Gowans, to help the dressing maintain its integrity.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ingram et al. (2015/0320434) in view of Locke et al. (2016/0175156), and further in view of Brooks et al. (3,683,921).
With respect to claim 13, Ingram as modified by Locke discloses all aspects of the claimed invention with the exception of a plurality of bonds disposed between the first retainer layer and the second retainer layer coupling the first and second retainer layers. Brooks a dressing, as shown in figure 1, comprising first and second layers 12 and 18 with a film layer 14 comprising perforations therebetween. Brooks teaches that bonding the layers within the perforations, as disclosed in column 8, lines 1-3, improves the strength and resilience of the dressing, as disclosed in column 1, lines 61-67. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to bond the first and second retainer layers of modified Ingram, as taught by Brooks, to improve the strength and resilience of the dressing.
Conclusion
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781