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 .
Response to Amendment
The amendment filed 05/06/2026 has been entered. Claims 1-20 are pending in the application. Applicant’s amendments to the claims have overcome every objection and 112(b) rejection previously set forth in the Non-final Office Action mailed 02/06/2026.
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, 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Locke (US 2017/0189237) in view of Rehbein (US 2024/0189155).
Regarding Claim 1, Locke disclose a wound closure system (100, Fig 1) comprising: a porous mesh (106, Fig 1) having a top surface and a bottom surface; a removable first liner (120, Fig 3) covering said top surface; a second pressure sensitive adhesive (116, Fig 3) applied to the bottom surface of said porous mesh (Para 0061); a removable second liner (126, Fig 3) covering said second pressure sensitive adhesive.
Locke is silent regarding a first pressure sensitive adhesive applied to the top surface of said porous mesh; the first pressure sensitive adhesive configured to facilitate repositionable attachment of a therapeutic device such that the therapeutic device can be lifted off and repositioned on the top surface of the porous mesh one or more times; and said second pressure sensitive adhesive being stronger or denser than said first pressure sensitive adhesive.
Rehbein teaches an analogous wound closure system (100, Fig 1) comprising a patient interface layer (106, Fig 1) having a top surface and a bottom surface a second adhesive (“adhered”) applied to the bottom surface of said patient interface layer (Para 0032); a first pressure sensitive adhesive (146, Fig 3) applied to the top surface of said patient interface layer (As detailed in Para 0032 and 0046, the first fastening layer 108 is bonded to the top surface of the patient interface layer 106. Thus, the adhesive 146 applied to the first fastening layer is applied to a top surface of the patient interface layer); the first pressure sensitive adhesive configured to facilitate repositionable attachment of a therapeutic device (102, 104, 12, Fig 1) such that the therapeutic device can be lifted off and repositioned on the top surface of the porous mesh one or more times (Para 0044).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wound closure system disclosed by Locke to include the fastening layers comprising the pressure sensitive adhesive as taught by Rehbein in order to be able to couple the dressing interface with the dressing in a selectively resealable and reclosable manner (Para 0043).
Examiner notes the modified invention of Locke and Rehbein teach that said second pressure sensitive adhesive is denser than said first pressure sensitive adhesive since the second pressure sensitive adhesive of Locke is shown as covering an entirety of the porous mesh as seen in Fig 1 (Para 0061) wherein the first adhesive of Rehbein is of a lesser density as it is only around a periphery of the porous mesh and only within valleys of the stems as seen in Fig 3 (Para 0046).
Regarding Claim 3, the modified invention of Locke and Rehbein discloses said porous mesh is flat, elongated along a longitudinal axis, and has a plurality of openings (118, Fig 4 -Locke) extending between the top and bottom surfaces thereof (Sees Fig 1 and 4; Para 0066 -Locke).
Regarding Claim 4, the modified invention of Locke and Rehbein discloses said removable first liner is configured to be peeled away from the top surface of said porous mesh for exposing said first pressure sensitive adhesive, and wherein said removable second liner is configured to be peeled away from the bottom surface of said porous mesh for exposing said second pressure sensitive adhesive (Para 0072-0073 -Locke).
Claims 2, 5-14, 16, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Locke (US 2017/0189237) in view of Rehbein (US 2024/0189155) and further in view of Ou (US 11,712,229).
Regarding Claim 2, the modified invention of Locke and Rehbein discloses all of the elements of the invention as discussed above, however, is silent regarding a cross-linking or polymerization accelerator or catalyst disposed in or on said porous mesh.
Ou teaches applying a cross-linking catalyst on a porous mesh (Col 3, lines 46-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Locke and Rehbein to include a cross-linking catalyst applied to the porous mesh in order to reinforce and ensure a seal over the wound (Col 3, lines 46-53).
Regarding Claim 5, the modified invention of Locke and Rehbein discloses a method of using said wound closure system as claimed in claim 1 (See rejection of claim 1 above), comprising: peeling said removable second liner away from the bottom surface of said porous mesh to expose said second pressure sensitive adhesive applied to the bottom surface of said porous mesh; pressing said second pressure sensitive adhesive applied to the bottom surface of said porous mesh against skin of a patient to approximate opposing edges of a wound (Para 0035; 0073 -Locke); peeling said removable first liner away from the top surface of said porous mesh to expose said first pressure sensitive adhesive applied to the top surface of said porous mesh (0072 -Locke; the first liner covers the top surface of the porous mesh which includes the first fastening layer taught by Rehbein); pressing a therapeutic device (110,112, 104, Fig 1 -Locke) against said first pressure sensitive adhesive to secure said therapeutic device over the top surface of said porous mesh (Para 0037, 0075 -Locke)
The modified invention of Locke and Rehbein is silent regarding applying a liquid adhesive over the top surface of said porous mesh and at least a portion of said therapeutic device; allowing said liquid adhesive to cure for binding said porous mesh to the skin and binding said therapeutic device to said porous mesh.
Ou teaches applying a liquid adhesive and cross-linking catalyst over the top surface of said porous mesh; allowing said liquid adhesive to cure for binding said porous mesh to the skin (Col 3, lines 46-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Locke and Rehbein to include a cross-linking catalyst applied to the porous mesh in order to reinforce and ensure a seal over the wound (Col 3, lines 46-53). Examiner notes that while Ou does not mention a therapeutic device, the therapeutic device of the modified invention of Locke and Rehbein is on the top surface and thus the liquid adhesive would be provided on at least a portion of said therapeutic device as it is applied to the entirety of the porous mesh.
Regarding Claim 6, the modified invention of Locke, Rehbein, and Ou discloses the step of pressing the therapeutic device against the first pressure sensitive adhesive comprises aligning said therapeutic device (110,112, 104, Fig 1 -Locke) with the wound (Para 0075, 0035 -Locke).
Regarding Claim 7, the modified invention of Locke Rehbein, and Ou discloses using said therapeutic device for draining exudate from the wound (Para 0046 -Locke) or infusing saline or medication into the wound.
Regarding Claim 8, the modified invention of Locke, Rehbein, and Ou discloses said liquid adhesive comprises a rapidly polymerizable or cross-linkable liquid adhesive (Col 3, lines 46-53 -Ou).
Regarding Claim 9, the modified invention of Locke, Rehbein, and Ou discloses said therapeutic device is selected from the group of devices consisting of negative pressure wound therapy devices , negative pressure pumps, fluid suction devices, elongated tubes including drainage tubes and infusion tubes, elongated tubes having first and second mesh wings extending along lateral sides thereof, cannulas, and wound monitoring sensors (Para 0043-0045 -Locke).
Regarding Claim 10, Locke discloses a kit comprising: a wound closure (100, Fig 1) system including a porous mesh (106, Fig 1) having a top surface and a bottom surface, a removable first liner covering (120, Fig 3) said top surface, a second pressure sensitive adhesive (116, Fig 3) applied to the bottom surface of said porous mesh (Para 0061), and a removable second liner (126, Fig 3) covering said second pressure sensitive adhesive.
Locke is silent regarding a first pressure sensitive adhesive applied to the top surface of said porous mesh; the first pressure sensitive adhesive configured to facilitate repositionable attachment of a therapeutic device such that the therapeutic device can be lifted off and repositioned on the top surface of the porous mesh one or more times; and said second pressure sensitive adhesive being stronger or denser than said first pressure sensitive adhesive; and a rapidly polymerizable liquid adhesive disposed within a dispenser container.
Rehbein teaches an analogous wound closure system (100, Fig 1) comprising a patient interface layer (106, Fig 1) having a top surface and a bottom surface a second adhesive (“adhered”) applied to the bottom surface of said patient interface layer (Para 0032); a first pressure sensitive adhesive (146, Fig 3) applied to the top surface of said patient interface layer (As detailed in Para 0032 and 0046, the first fastening layer 108 is bonded to the top surface of the patient interface layer 106. Thus, the adhesive 146 applied to the first fastening layer is applied to a top surface of the patient interface layer); the first pressure sensitive adhesive configured to facilitate repositionable attachment of a therapeutic device such that the therapeutic device can be lifted off and repositioned on the top surface of the porous mesh one or more times (Para 0044).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wound closure system disclosed by Locke to include the fastening layers comprising the pressure sensitive adhesive as taught by Rehbein in order to be able to couple the dressing interface with the dressing in a selectively resealable and reclosable manner (Para 0043).
Examiner notes the modified invention of Locke and Rehbein teach that said second pressure sensitive adhesive is denser than said first pressure sensitive adhesive since the second pressure sensitive adhesive of Locke is shown as covering an entirety of the porous mesh as seen in Fig 1 (Para 0061) wherein the first adhesive of Rehbein is of a lesser density as it is only around a periphery of the porous mesh and only within valleys of the stems as seen in Fig 3 (Para 0046).
The modified invention of Locke and Rehbein discloses all of the elements of the invention as discussed above, however, is silent regarding a rapidly polymerizable liquid adhesive disposed within a dispenser container.
Ou teaches a rapidly polymerizable liquid adhesive disposed within a dispenser container (100, Fig 1) for binding said porous mesh to the skin (Col 3, lines 46-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Locke and Rehbein to include a cross-linking catalyst applied to the porous mesh in order to reinforce and ensure a seal over the wound (Col 3, lines 46-53).
Regarding Claim 11, the modified invention of Locke, Rehbein, and Ou discloses one or more therapeutic devices (110,112, 104, Fig 1 -Locke) configured to be secured over the top surface of said porous mesh (Para 0037, 0075 -Locke).
Regarding Claim 12, the modified invention of Locke, Rehbein, and Ou discloses said one or more therapeutic devices are selected from the group of devices consisting of negative pressure wound therapy devices, negative pressure pumps, fluid suction devices, elongated tubes including drainage tubes and infusion tubes, elongated tubes having first and second mesh wings extending along lateral sides thereof, cannulas, and wound monitoring sensors (Para 0043-0045 -Locke).
Regarding Claim 13, the modified invention of Locke, Rehbein, and Ou discloses a cross-linking or polymerization accelerator or catalyst disposed in or on said porous mesh (Col 3, lines 46-53 -Ou).
Regarding Claim 14, Locke disclose a wound closure system (100, Fig 1) comprising: a porous mesh (106, Fig 1) having a top surface and a bottom surface; the bottom surface of said porous mesh being adhered to skin for approximating opposing edges of a wound (Para 0035, 0062); a therapeutic device (110,112, 104, Fig 1 -Locke) including an elongated tube (112, Fig 1) secured to the top surface of said porous mesh and overlying the wound, said elongated tube being configured for draining exudate from the wound (Para 0046, Para 0075).
Lock is silent regarding a first pressure sensitive adhesive applied to the top surface of the porous mesh; a therapeutic device including an elongated tube secured to the first pressure sensitive adhesive on the top surface of the porous mesh; a liquid adhesive covering the top surface of said porous mesh and at least a portion of said elongated tube, wherein the first pressure sensitive adhesive is configured to facilitate repositionable attachment of the therapeutic device such that the therapeutic device can be lifted off and repositioned on the top surface of the porous mesh one or more times prior to application of the liquid adhesive.
Rehbein teaches an analogous wound closure system (100, Fig 1) comprising a patient interface layer (106, Fig 1) having a top surface and a bottom surface a second adhesive (“adhered”) applied to the bottom surface of said patient interface layer (Para 0032); a first pressure sensitive adhesive (146, Fig 3) applied to the top surface of said patient interface layer (As detailed in Para 0032 and 0046, the first fastening layer 108 is bonded to the top surface of the patient interface layer 106. Thus, the adhesive 146 applied to the first fastening layer is applied to a top surface of the patient interface layer); the first pressure sensitive adhesive configured to facilitate repositionable attachment of a therapeutic device such that the therapeutic device can be lifted off and repositioned on the top surface of the porous mesh one or more times (Para 0044).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wound closure system disclosed by Locke to include the fastening layers comprising the pressure sensitive adhesive as taught by Rehbein in order to be able to couple the dressing interface with the dressing in a selectively resealable and reclosable manner (Para 0043).
Examiner notes the modified invention of Locke and Rehbein teach that said second pressure sensitive adhesive is denser than said first pressure sensitive adhesive since the second pressure sensitive adhesive of Locke is shown as covering an entirety of the porous mesh as seen in Fig 1 (Para 0061) wherein the first adhesive of Rehbein is of a lesser density as it is only around a periphery of the porous mesh and only within valleys of the stems as seen in Fig 3 (Para 0046).
The modified invention of Locke and Rehbein discloses all of the elements of the invention as discussed above, however, is silent regarding a liquid adhesive covering the top surface of said porous mesh and at least a portion of said elongated tube
Ou teaches applying a liquid adhesive and cross-linking catalyst over the top surface of said porous mesh for binding said porous mesh to the skin (Col 3, lines 46-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Locke to include a liquid adhesive and cross-linking catalyst applied to the porous mesh in order to reinforce and ensure a seal over the wound (Col 3, lines 46-53). Examiner notes that while Ou does not mention a therapeutic device, the therapeutic device of Locke is on the top surface and thus the liquid adhesive would be provided on at least a portion of said therapeutic device as it is applied to the entirety of the porous mesh.
Regarding Claim 16, the modified invention of Locke, Rehbein, and Ou discloses said elongated tube (112, Fig 1 -Locke) comprises a first elongated conduit that is coupled with a vacuum or negative pressure pump for draining the exudate from the wound (Para 0046, Para 0075 -Locke).
Regarding Claim 18, the modified invention of Locke, Rehbein, and Ou discloses said liquid adhesive is a topical skin adhesive or a rapidly polymerizable adhesive that forms an air-tight seal around the wound (Col 3, lines 46-53 -Ou).
Regarding Claim 19, the modified invention of Locke, Rehbein, and Ou discloses the air-tight seal formed by said liquid adhesive is waterproof (Col 3, lines 46-53 -Ou) or comprises an antimicrobial barrier.
Regarding Claim 20, the modified invention of Locke, Rehbein, and Ou discloses a cross-linking or polymerization accelerator or catalyst (“catalyst”) disposed in or on said porous mesh (Col 3, lines 46-53 -Ou).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Locke (US 2017/0189237) in view of Rehbein (US 2024/0189155) and further in view of Ou (US 11,712,229) and further in view of Rice (US 2022/0088286) and further in view of Zurovcik (US 2014/0031735).
Regarding Claim 15, the modified invention of Locke, Rehbein and Ou discloses all of the elements of the invention as discussed above, however, is silent regarding said therapeutic device further comprising first and second mesh wings secured to said elongated tube and extending along respective lateral sides of said elongated tube, wherein said liquid adhesive covers said first and second mesh wings for securing said therapeutic device to the top surface of said porous mesh.
Rice teaches an analogous therapeutic device comprising first and second mesh wings (1940, 1945, Fig 19) secured to said elongated tube (250, Fig 20) and extending along respective lateral sides of said elongated tube (See Figs 19-20) (Para 0107).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dressing interface of the therapeutic device to have a first and second mesh wing (porous foam or cell porous textile) as taught by Rice order in order to support fluid paths under pressure and prevent the enclosed spaces from collapsing (Para 0107).
The modified invention of Locke, Rehbein, Ou, and Rice disclose all of the elements of the innovation as discussed above, however, is silent regarding said liquid adhesive covers said first and second mesh wings for securing said therapeutic device to the top surface of said porous mesh.
Zurovcik teaches an analogous device wherein a liquid adhesive covers said dressing interface for securing said therapeutic device to the top surface of said porous mesh (Para 0139).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device to include the liquid adhesive or sealant on the dressing interface (which includes the first and second mesh wings in the modified invention) in order to form an occlusive seal and prevent any potential air leaks between the tube to dressing interfaces (Para 0139-0140).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Locke (US 2017/0189237) in view of Rehbein (US 2024/0189155) and further in view of Ou (US 11,712,229) and further in view of Dutta (US 2021/013746).
Regarding Claim 17, the modified invention of Locke, Rehbein, and Ou discloses all of the elements of the invention as discussed above, however, is silent regarding said elongated tube comprises a second elongated conduit that is coupled with a positive pressure pump configured to force saline or medication into said elongated tube for infusing the wound with the saline or the medication.
Dutta teaches an elongated tube (106, Fig 6c) comprising a second elongated conduit that is coupled with a positive pressure pump configured to force saline or medication into said elongated tube for infusing the wound with the saline or the medication (Para 0022, 0062).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elongated tube to comprise a second conduit for the delivery of saline or medication as taught by Dutta in order to enhance wider range of biomechanism favorable for wound healing (Para 0022).
Response to Arguments
Applicant’s argument filed 05/06/2026, on pages 7-11, regarding Locke and Luckemeyer failing to teach “the first pressure sensitive adhesive configured to facilitate repositionable attachment of a therapeutic device such that the therapeutic device can be lifted off and repositioned on the top surface of the porous mesh one or more times” have been fully considered but is moot in view of the current rejection that no longer relies on Luckemeyer. The current rejection now relies on Rehbein to teach the first pressure sensitive adhesive as claimed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTARIUS S DANIEL whose telephone number is (571)272-8074. The examiner can normally be reached M-F 7:00am to 4:30pm EST.
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, Kevin Sirmons can be reached at 571-272-4965. The fax phone number for the organization where this 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 more information 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.
/ANTARIUS S DANIEL/Examiner, Art Unit 3783
/KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783
Prosecution Insights