DETAILED CORRESPONDENCE
Note: This office action is in response to communication filed on 06/30/2026.
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
Claim(s) 27-28, 31, 33-36, 40-44, 46-47, and 50-55 is/are pending in the application.
Claim(s) 27-28, 31, 33-36, 40-44, 46-47, and 50-55 is/are examined on the merits.
Response to Arguments
Applicant’s arguments filed on 06/30/2026 have been fully considered but are moot because the independent claim(s) has/have been amended and the new ground of rejection does not rely on the same combination references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “at least a portion of the absorptive material is disposed between the base and the outer occlusive layer” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 27-28, 31, 33-36, 40-44, 46-47, and 50-55 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 27 recites the limitation “absorptive material carried by the base and configured to contact the wound and receive exudates from the wound” which is indefinite. It is unclear which surface of the base carries the absorbent material. According to Fig. 3 of Applicant’s published application, absorbent dressing 25 is positioned at/near a bottom surface of a layer 25. The recitation has been examined below as if it reads -- absorptive material carried by the bottom surface of the base and configured to contact the wound and receive exudates from the wound --.
Claim(s) 31, 33-36, 40-43, and 54-55 is/are rejected as being dependent from claim 27 and therefore including all the limitations thereof.
Claim 28 recites the limitations “absorptive material carried by the base and configured to contact the wound and receive exudates from the wound; … positioning the mechanical vacuum dressing against tissue so that the absorptive material carried by the base contacts the wound” which are indefinite. It is unclear which surface of the base carries the absorbent material. According to Fig. 3 of Applicant’s published application, absorbent dressing 25 is positioned at/near a bottom surface of a layer 25. The recitation has been examined below as if it reads -- absorptive material carried by the bottom surface of the base and configured to contact the wound and receive exudates from the wound; … positioning the mechanical vacuum dressing against tissue so that the absorptive material carried by the bottom surface of the base contacts the wound --.
Claim(s) 44, 46-47, and 50-52 is/are rejected as being dependent from claim 28 and therefore including all the limitations thereof.
Claim 51 recites the limitation “the absorptive material is carried by the bottom surface of the base before positioning the mechanical vacuum dressing against tissue” which is indefinite. It is unclear which surface of the base carries the absorbent material. According to Fig. 3 of Applicant’s published application, absorbent dressing 25 is positioned at/near a bottom surface of a base layer 15. The recitation has been examined below as if it reads – the absorptive material is carried by the bottom surface of the base before positioning the mechanical vacuum dressing against tissue --.
Claim(s) 52 is/are rejected as being dependent from claim 51 and therefore including all the limitations thereof.
Claim 52 recites the limitation “at least a portion of the absorptive material is disposed between the base and the outer occlusive layer” which is indefinite. According to claim 28 and Figs. 2-3 of Applicant’s published application, absorbent dressing 25 is positioned at/near a bottom surface of a base layer 15 and there is no absorbent dressing positioned between the base layer 15 and the outer layer 20. The claimed limitation is inconsistent with claim 28.
Claim 52 cannot be evaluated with respect to prior art at this time as Examiner cannot make a proper comparison between the claim and the prior art due to 112(b) issued explained above.
Claim 54 recites the limitation “at least a portion of the absorptive material is disposed between the base and the outer occlusive layer” which is indefinite. According to claim 27 and Figs. 2-3 of Applicant’s published application, absorbent dressing 25 is positioned at/near a bottom surface of a base layer 15 and there is no absorbent dressing positioned between the base layer 15 and the outer layer 20. The claimed limitation is inconsistent with claim 27.
Claim 54 cannot be evaluated with respect to prior art at this time as Examiner cannot make a proper comparison between the claim and the prior art due to 112(b) issued explained above.
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 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.
Claim(s) 27-28, 31, 34-35, 43, 50-51, and 53 is/are rejected under 35 U.S.C 103 as being unpatentable over Jaeb (US PGPUB 20090227969) in view of Gilman (US PAT 5086764), Kenny (US PGPUB 20090281526) and Blott (US PGPUB 20070167926).
Regarding claim 27, Jaeb discloses a vacuum dressing (a treatment system 100: ¶0042 and Figs. 2-3) comprising:
a base having a bottom surface (a seal layer 222 having a bottom surface: ¶0054-0055);
an adhesive carried by the bottom surface of the base (an adhesive material: ¶0132);
absorptive material configured to contact the wound and receive exudates from the wound ((220+224+228+232+236+240): ¶0044-0045, 0060, 0064, 0071, and Fig. 3)
an outer occlusive layer (a cover 244: ¶0044 and Fig. 3) connected to the base for sealing an area around the wound (Fig. 3);
a flange elbow connector disposed on the outer occlusive layer (a tubing adapter 112: ¶0042 and Fig. 1);
a peristaltic pump disposed on the outer occlusive layer (¶0042 and Fig. 1);
a tube disposed on the outer occlusive layer, the tube comprising a first end and a second end (a conduit 112: ¶0042 and Fig. 1),
wherein the first end of the tube is connected to the flange elbow connector (Fig. 1).
Jaeb in the embodiment of Fig. 3 does not disclose the absorptive material carried by the bottom surface of the base; however, Jaeb discloses/suggests the base 222 can be positioned between any of layers in a dressing 104 (¶0055).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the dressing of Jaeb by rearranging the base between layers of the dressing so that the absorptive material is carried by the bottom surface of the base, in order to prevent reduced pressure applied the dressing from leaking out of the dressing, as suggested in ¶0051 of Jaeb and as it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art (See MPEP § 2144.04 (VI) (C)). Thus, the absorptive material of Jaeb is carried by the bottom surface of the base.
Jaeb does not disclose the adhesive is a releasable fixation adhesive.
In the same field of endeavor, wound dressing, Gilman discloses a dressing 10 comprising an absorbent layer 28 releasably secured to a base layer 14 by a plurality of tape strips 30 (Col. 3, lines 50-60 and Figs. 1-3). Gilman further discloses the tape strips 30 comprising pressure-sensitive adhesive 32 for releasably secure the absorbent layer 28 in place one the base sheet 14 (Col. 3, lines 55-62).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the dressing of Jaeb in view of Gilman by using pressure-sensitive adhesive as the adhesive carried by the bottom surface of the base, in order to releasably secure the base to tissue surrounding a wound, as suggested in Col. 3, lines 55-62 of Gilman.
Jaeb/Gilman does not disclose the tube is connected to the peristaltic pump between the first end and the second end of the tube and the tube comprises a one-way valve for maintaining negative pressure within the area around the wound.
In the same field of endeavor, wound dressing with pump, Kenny discloses an NPWT apparatus 10 comprising a wound dressing 12 and a vacuum source 40 (¶0060, 0066-0067, and Fig. 1A). Kenny further teaches to have a fluid tube 36 comprising a first end 38 and a second end (44+46) (¶0064 and Fig. 1A), a flange elbow connector secured to an outer layer 24 of the wound dressing 12 (a vacuum port 30 having a flange 34: ¶0064), and the first end 38 of tube 36 connected to the flange elbow connector 30 for the benefit of facilitating connection of the wound dressing to the fluid tube (¶0064). Kenny further discloses the vacuum source 40 is a peristaltic pump (¶0067 and Fig. 1A). In addition, Kenny discloses the tube 36 connected to the peristaltic pump (Fig. 1A), the peristaltic pump is in between the first end and the second end of tube 36 (Fig. 1A), and the first end 38 of tube 36 connected to the flange elbow connector 30 for the benefit of providing a fluid flow path between the wound dressing and a canister via the peristaltic pump (¶0068 and 0071). Kenny also discloses the tube 36 comprising a one-way valve (¶0065: a one-way valve is in line with tube 36) for the benefit of permitting exudates to flow in one direction only and away from the wound dressing (¶0065).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the dressing of Jaeb in view of Kenny by arranging the peristaltic pump in between the first end and the second end of tube and incorporating a one-way valve in the tube for maintaining negative pressure within an area around the wound, in order to facilitate connection of the wound dressing to a negative pressure source via a fluid tube and permit exudates to flow in one direction only and away from the wound dressing, as suggested in ¶0064-0065 of Kenny.
Jaeb/Gilman/Kenny does not disclose the peristaltic pump is removably secured to the outer occlusive layer.
In the same field of endeavor, wound dressing, Blott discloses a medical wound dressing for cleansing wounds (¶0001). Blott further teaches to removably secure (releasably attaching: ¶0486) a peristaltic pump to a backing layer (3: ¶0468, 0471, and Fig. 12b).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the dressing of Jaeb in view of Blott by having the pump removably secured to the outer occlusive layer, motivated by the desires to be able to remove/exchange the pump during maintenance or when the pump is broken.
Since the dressing of Jaeb in view of Gilman, Kenny, and Blott meets the structural limitations of the claimed dressing and the dressing of Jaeb in view of Gilman, Kenny, and Blott is connected to a peristaltic pump, the dressing of Jaeb in view of Gilman, Kenny, and Blott reads on the claimed mechanical vacuum dressing.
Regarding claim 28, Jaeb discloses providing a vacuum dressing (a treatment system 100: ¶0042 and Figs. 2-3) comprising:
a base having a bottom surface (a seal layer 222 having a bottom surface: ¶0054-0055);
an adhesive carried by the bottom surface of the base (an adhesive material: ¶0132);
absorptive material configured to contact the wound and receive exudates from the wound ((220+224+228+232+236+240): ¶0044-0045, 0060, 0064, 0071, and Fig. 3)
an outer occlusive layer (a cover 244: ¶0044 and Fig. 3) connected to the base for sealing an area around the wound (Fig. 3);
a flange elbow connector disposed on the outer occlusive layer (a tubing adapter 112: ¶0042 and Fig. 1);
a peristaltic pump disposed on the outer occlusive layer (¶0042 and Fig. 1);
a tube disposed on the outer occlusive layer, the tube comprising a first end and a second end (a conduit 112: ¶0042 and Fig. 1),
wherein the first end of the tube is connected to the flange elbow connector (Fig. 1).
Jaeb in the embodiment of Fig. 3 does not disclose the absorptive material carried by the bottom surface of the base; however, Jaeb discloses/suggests the base 222 can be positioned between any of layers in a dressing 104 (¶0055).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the dressing of Jaeb by rearranging the base between layers of the dressing so that the absorptive material is carried by the bottom surface of the base, in order to prevent reduced pressure applied the dressing from leaking out of the dressing, as suggested in ¶0051 of Jaeb and as it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art (See MPEP § 2144.04 (VI) (C)). Thus, the absorptive material of Jaeb is carried by the bottom surface of the base.
Jaeb does not disclose the adhesive is a releasable fixation adhesive.
In the same field of endeavor, wound dressing, Gilman discloses a dressing 10 comprising an absorbent layer 28 releasably secured to a base layer 14 by a plurality of tape strips 30 (Col. 3, lines 50-60 and Figs. 1-3). Gilman further discloses the tape strips 30 comprising pressure-sensitive adhesive 32 for releasably secure the absorbent layer 28 in place one the base sheet 14 (Col. 3, lines 55-62).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the dressing of Jaeb in view of Gilman by using pressure-sensitive adhesive as the adhesive carried by the bottom surface of the base, in order to releasably secure the base to tissue surrounding a wound, as suggested in Col. 3, lines 55-62 of Gilman.
Jaeb/Gilman does not disclose the tube is connected to the peristaltic pump between the first end and the second end of the tube and the tube comprises a one-way valve for maintaining negative pressure within the area around the wound.
In the same field of endeavor, wound dressing with pump, Kenny discloses an NPWT apparatus 10 comprising a wound dressing 12 and a vacuum source 40 (¶0060, 0066-0067, and Fig. 1A). Kenny further teaches to have a fluid tube 36 comprising a first end 38 and a second end (44+46) (¶0064 and Fig. 1A), a flange elbow connector secured to an outer layer 24 of the wound dressing 12 (a vacuum port 30 having a flange 34: ¶0064), and the first end 38 of tube 36 connected to the flange elbow connector 30 for the benefit of facilitating connection of the wound dressing to the fluid tube (¶0064). Kenny further discloses the vacuum source 40 is a peristaltic pump (¶0067 and Fig. 1A). In addition, Kenny discloses the tube 36 connected to the peristaltic pump (Fig. 1A), the peristaltic pump is in between the first end and the second end of tube 36 (Fig. 1A), and the first end 38 of tube 36 connected to the flange elbow connector 30 for the benefit of providing a fluid flow path between the wound dressing and a canister via the peristaltic pump (¶0068 and 0071). Kenny also discloses the tube 36 comprising a one-way valve (¶0065: a one-way valve is in line with tube 36) for the benefit of permitting exudates to flow in one direction only and away from the wound dressing (¶0065).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the dressing of Jaeb in view of Kenny by arranging the peristaltic pump in between the first end and the second end of tube and incorporating a one-way valve in the tube for maintaining negative pressure within an area around the wound, in order to facilitate connection of the wound dressing to a negative pressure source via a fluid tube and permit exudates to flow in one direction only and away from the wound dressing, as suggested in ¶0064-0065 of Kenny.
Jaeb/Gilman/Kenny does not disclose the peristaltic pump is removably secured to the outer occlusive layer.
In the same field of endeavor, wound dressing, Blott discloses a medical wound dressing for cleansing wounds (¶0001). Blott further teaches to removably secure (releasably attaching: ¶0486) a peristaltic pump to a backing layer (3: ¶0468, 0471, and Fig. 12b).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the dressing of Jaeb in view of Blott by having the pump removably secured to the outer occlusive layer, motivated by the desires to be able to remove/exchange the pump during maintenance or when the pump is broken.
Since the dressing of Jaeb in view of Gilman, Kenny, and Blott meets the structural limitations of the claimed dressing and the dressing of Jaeb in view of Gilman, Kenny, and Blott is connected to a peristaltic pump, the dressing of Jaeb in view of Gilman, Kenny, and Blott reads on the claimed mechanical vacuum dressing.
Thus, Jaeb in view of Gilman, Kenny, and Blott further discloses all method steps for providing negative pressure wound therapy below:
positioning the mechanical vacuum dressing against tissue so that the absorptive material carried by the bottom surface of the base contacts the wound; and
using the peristaltic pump to provide suction to the area around the wound so as to pull exudates from the wound and into the absorptive material.
Regarding claim 31, Jaeb further discloses the base comprises a flexible material having an opening (¶0051 and 0054; and Fig. 3: the base 222 has an opening 234 and the base 222 is made of hydrogel, hydrocolloid, or silicon; a person having ordinary skill in the art would have understood that hydrogel, hydrocolloid, or silicon is flexible material; thus, Jaeb discloses the claimed invention).
Regarding claim 34, Jaeb further discloses the absorptive material is disposed in the opening in the base (see rejection of claim 27 above and Fig. 3).
Regarding claim 35, Jaeb further discloses the absorptive material comprises at least one from the group consisting of a woven dressing, a non-woven dressing, and a foam dressing (¶0059 and 0064: layer 224 of the dressing 104 is foam and layer 228 of the dressing 104 is non-woven or woven).
Regarding claim 43, the one-way valve of Jaeb/Gilman/Kenny/Blott is configured to prevent air from passing through the peristaltic pump mechanism and into the wound (see rejection of claim 27 above and ¶0065 of Kenny).
Regarding claim 50, Jaeb in view of Gilman, Kenny, and Blott further discloses positioning the mechanical vacuum dressing against tissue comprises removably coupling, by the adhesive, the base to the tissue surrounding the wound (see rejection of claim 28 above and Col. 3, lines 50-62 of Gilman).
Regarding claim 51, Jaeb further discloses the absorptive material is carried by the bottom surface of the base before positioning the mechanical vacuum dressing against tissue (see rejection of claim 28 above).
Regarding claim 53, Jaeb further discloses the outer occlusive layer covers the opening in the base (Figs. 2-3 and see rejection of claim 27 above).
Claim(s) 33 and 55 is/are rejected under 35 U.S.C 103 as being unpatentable over Jaeb (US PGPUB 20090227969) in view of Gilman (US PAT 5086764), Kenny (US PGPUB 20090281526) and Blott (US PGPUB 20070167926), as applied to claim 27 above, and further in view of Patel (US PGPUB 20070055209).
Regarding claim 33, Jaeb/Gilman/Kenny/Blott does not disclose a release liner removably disposed on the adhesive.
In the same field of endeavor, wound dressings, Patel discloses a wound dressing apparatus promotes healing of a wound via the use of an external peristaltic vacuum pump (Abstract). Patel further teaches to provide removable liner disposed on an adhesive for the benefit of protecting an adhesive surface of a layer prior to use (¶0027).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the vacuum dressing of Jaeb in view of Patel by providing a removable liner disposed on the adhesive, in order to protect an adhesive surface of the base prior to use, as suggested in ¶0027 of Patel.
Regarding claim 55, Jaeb/Gilman/Kenny/Blott does not disclose a release liner removably covering the adhesive on the bottom surface of the base and the absorptive material.
However, Jaeb further discloses/suggests a length and a width of an opening 231 of the base 222 are equal or larger than a length and a width of the absorptive material to allow the base 222 to provide a seal while facilitating the passage of liquid from the tissue site 108 (¶0057).
Patel further teaches to provide a release liner to protect an adhesive surface of a layer (¶0027).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the vacuum dressing of Jaeb in view of Patel by making/having a size an opening of the base equal to a size of the absorptive material and providing a removable liner disposed on the bottom of the base and the absorptive material, in order to protect an adhesive surface of the base prior to use, as suggested in ¶0027 of Patel. Thus, the vacuum dressing of Jaeb in view of Patel comprises a release liner removably covering the adhesive on the bottom surface of the base and the absorptive material.
Claim(s) 36 is/are rejected under 35 U.S.C 103 as being unpatentable over Jaeb (US PGPUB 20090227969) in view of Gilman (US PAT 5086764), Kenny (US PGPUB 20090281526) and Blott (US PGPUB 20070167926), as applied to claim 27 above, and further in view of Askem (US PGPUB 20150174304).
Regarding claim 36, Jaeb/Gilman/Kenny/Blott does not disclose the absorptive material comprising at least one from the group consisting of antimicrobials, growth factors and other healing agents.
In the same field of endeavor, wound dressing, Askem discloses a dressing kit 230 comprising a pump assembly 230 (¶0286 and Fig. 10A). Askem further discloses to incorporate antimicrobials or growth factors in one or more surfaces of the dressing layers (¶0236-0237) for the benefits of reducing or eliminating micro-organisms in the wound and micro-organisms in the absorption matrix (¶0237).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the vacuum dressing of Jaeb in view of Askem by incorporating antimicrobials or growth factors in the absorptive material, in order to reduce or eliminate micro-organisms in the wound and micro-organisms in the absorption matrix, as suggested in ¶0237 of Askem.
Claim(s) 40 is/are rejected under 35 U.S.C 103 as being unpatentable over Jaeb (US PGPUB 20090227969) in view of Gilman (US PAT 5086764), Kenny (US PGPUB 20090281526) and Blott (US PGPUB 20070167926), as applied to claim 27 above, and as evidenced by Gourlay (US PGPUB 20190184076).
Regarding claim 40, Jaeb further discloses the peristaltic pump is configured to create suction within the absorptive material to pull exudates from the wound (¶0042-0043, 0056, 0060, and 0064).
Jaeb/Gilman/Kenny/Blott does not disclose the peristaltic pump pulls exudates from the wound responsive to rotation of the peristaltic pump.
However, a person having ordinary skill in the art would have understood/recognized the peristaltic pump works by using rollers to compress the tube as they rotate and creating a vacuum which draws fluid through the tube. As evidenced by Gourlay, peristaltic pumps comprise rollers (¶0036, 0080 and Fig. 1) for the benefit of generating a pumping action (¶0034 and 0086). Thus, the peristaltic pump of Jaeb/Gilman/Kenny/Blott is expected/considered to have rollers and is capable of pulling exudates from the wound responsive to rotation of the peristaltic pump
Claim(s) 41-42 is/are rejected under 35 U.S.C 103 as being unpatentable over Jaeb (US PGPUB 20090227969) in view of Gilman (US PAT 5086764), Kenny (US PGPUB 20090281526) and Blott (US PGPUB 20070167926), as applied to claim 27 above, and further in view of Gourlay (US PGPUB 20190184076).
Regarding claims 41-42, Jaeb/Gilman/Kenny/Blott does not disclose the peristaltic pump comprises a pump outer housing and a pump inner housing, and the pump inner housing is rotatable relative to the pump outer housing and a crank key that is operable to rotate the pump inner housing relative to the pump outer housing.
Gourlay further teaches the pump unit 10 comprising a pump outer housing (a cylindrical housing 101: ¶0079 and Fig. 2) and a pump inner housing (pumps 10A and 10B comprising peristaltic rollers: ¶0080 and Fig. 2), and wherein the pump inner housing is rotatable relative to the pump outer housing (¶0079-0080) for the benefit of providing a manually operable pump unit that is suitable for use in situations in which electrical power is not available (¶0092). Gourlay also teaches the pump unit 10 comprising a crank key (a cranked handle or rotatable handle 103: ¶0085, 0092, and Fig. 2) for the benefit of operating the pump unit (¶0085 and 0092).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the dressing of Jaeb in view of Gourlay by incorporating a pump outer housing and a pump inner housing for the peristaltic pump, wherein the pump inner housing is rotatable relative to the pump outer housing and providing a crank key, in order to protect pump components, provide a manually operable pump unit that is suitable for use in situations in which electrical power is not available, and provide a handle/tool to operate the pump, as suggested in ¶0092 of Gourlay. Thus, the crank key of Jaeb in view of Gourlay is capable of rotating the pump inner housing relative to the pump outer housing.
Claim(s) 44 is/are rejected under 35 U.S.C 103 as being unpatentable over Jaeb (US PGPUB 20090227969) in view of Gilman (US PAT 5086764), Kenny (US PGPUB 20090281526) and Blott (US PGPUB 20070167926), as applied to claim 28 above, and further in view of Patel (US PGPUB 20070055209).
Regarding claim 44, Jaeb/Gilman/Kenny/Blott does not disclose removing a release liner from the base before positioning the mechanical vacuum dressing against tissue.
Patel further teaches to provide removable liner disposed on an adhesive for the benefit of protecting an adhesive surface of a layer prior to use (¶0027).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the vacuum dressing of Jaeb in view of Patel by providing a removable liner disposed on the adhesive, in order to protect an adhesive surface of the base prior to use, as suggested in ¶0027 of Patel.
Claim(s) 46 is/are rejected under 35 U.S.C 103 as being unpatentable over Jaeb (US PGPUB 20090227969) in view of Gilman (US PAT 5086764), Kenny (US PGPUB 20090281526) and Blott (US PGPUB 20070167926), as applied to claim 28 above, and as evidenced by Gourlay (US PGPUB 20190184076).
Regarding claim 46, Jaeb further discloses using the peristaltic pump to provide suction to the area around the wound (¶0042-0043, 0056, 0060, and 0064).
Jaeb/Gilman/Kenny/Blott does not disclose the peristaltic pump comprising rotating a portion of the peristaltic pump to provide suction to the area around the wound.
However, a person having ordinary skill in the art would have understood/recognized the peristaltic pump works by using rollers to compress the tube as they rotate and creating a vacuum which draws fluid through the tube. As evidenced by Gourlay, peristaltic pumps comprise rollers (¶0036, 0080 and Fig. 1) for the benefit of generating a pumping action (¶0034 and 0086). Thus, the peristaltic pump of Jaeb/Gilman/Kenny/Blott is expected/considered to have rollers and is capable of rotating a portion of the peristaltic pump to provide suction to the area between the absorptive material and the outer occlusive layer.
Claim(s) 47 is/are rejected under 35 U.S.C 103 as being unpatentable over Jaeb (US PGPUB 20090227969) in view of Gilman (US PAT 5086764), Kenny (US PGPUB 20090281526) and Blott (US PGPUB 20070167926), as applied to claim 46 above, and in view of Gourlay (US PGPUB 20190184076).
Regarding claim 47, Jaeb/Gilman/Kenny/Blott does not disclose a crank key for rotating the pump inner housing relative to the pump outer housing.
Gourlay further discloses the pump unit 10 comprising a crank key (a cranked handle or rotatable handle 103: ¶0085, 0092, and Fig. 2) for the benefit of operating the pump unit (¶0085 and 0092).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the vacuum dressing of Jaeb in view of Gourlay by incorporating a crank key, in order to provide a handle/tool to operate the pump, as suggested in ¶0085 and 0092 of Gourlay. Thus, the crank key of Jaeb in view of Gourlay is capable of rotating a portion of the peristaltic pump.
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 NHU Q TRAN whose telephone number is (571)272-2032. The examiner can normally be reached Monday-Thursday 8:00-5:00 (PST).
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, SARAH AL-HASHIMI can be reached on (571) 272-7159. 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.
/NHU Q. TRAN/Examiner, Art Unit 3781
/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781
Prosecution Insights