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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/02/2025 has been entered.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The statue requires that applicants claiming benefit of the earlier filing date under 35 USC 119e or 120 name the inventor or at least one joint inventor named in the previously filed application or provisional application (see MPEP 211). In this case, the current application does not share a common inventor with the prior-filed application. Consequently, the priority claim to the application 16/768481 is denied.
Status of the Claims
The amendment filed 03/02/2026 has been entered. 26, 30, 32-40, 44, 46-53 and 136-139 are pending and under consideration.
Response to Arguments
In response to the applicant’s argument, with respect 35 USC 102/103 rejections have been considered and are at least partially persuasive, but are moot in light of new rejection/interpretation.
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 137 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 137, which depends from claim 40, recites “wherein the canister is mounted to the atmosphere-side surface of the membrane and the pump assembly is mounted to the atmosphere-side surface of the membrane such that the canister and the pump assembly are disposed in a side-by-side configuration, while claim 40 recites “a pump assembly mounted atop the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly”. It is not clear how the pump assembly and the canister are disposed in stacked configuration (claim 40), and side by side configuration (claim 137) simultaneously in a single device. In an effort to compact prosecution, claim 137 is being interpreted as “wherein the canister and the pump assembly are mounted to the negative pressure wound therapy (NPWT) bandage”
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 46, 137 and 139 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 46, which depends from claim 40, recites “wherein the canister is mounted to the atmosphere-side surface of the membrane and the pump assembly is mounted to the canister” which does not impose any additional limitation on claim 40.
Claim 137, which depends from claim 40, recites “wherein the canister is mounted to the atmosphere-side surface of the membrane and the pump assembly is mounted to the atmosphere-side surface of the membrane such that the canister and the pump assembly are disposed in a side-by-side configuration, while Claim 40 recites “a pump assembly mounted atop the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly” . The structure of claim 137, i.e., side-by configuration is structurally inconsistent with the “mounted atop” and “disposed between the membrane the pump assembly” limitation of claim 40, therefore the claim does not further limit the stacked configuration of claim 40.
Claim 139, which depends from claim 40, recites “wherein the pump assembly is mounted atop the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly” which does not impose any additional limitation on claim 40.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 26, 30, 32-38, 40, 44, 46-52, 137, 138 and 139 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al (US 20210169699 A1) in view of Jaeb et al (US 20090227969 A1).
Regarding claim 26, Johnson substantially teaches applicant’s claimed invention, and specifically discloses a device with every structural limitation of applicant’s claimed invention (except for the limitations shown in italics and grayed-out) including:
A negative pressure wound therapy (NPWT) bandage for applying negative pressure to a wound, the NPWT bandage comprising:
a membrane (figure 22 and [0043], membrane 10) configured for disposition over a wound so as to form a wound chamber ([0043] wound chamber) between the membrane and the wound, the membrane comprising a wound-side surface ([0043] wound side surface), an atmosphere-side surface ([0043] atmosphere side surface), and an opening (figure 25 [0043] opening 115) extending through the membrane from the wound-side surface to the atmosphere-side surface;
an absorbable layer (figure 22 and [0113], intermediate foam layer 120) disposed between the wound-side surface of the membrane and the wound, wherein the membrane further comprises a lower skin-contacting layer (figure 22 and [0113] lower skin-contacting polyurethane layer 110) having the opening and an upper layer (figure 22 [0113] upper polyurethane layer 125) disposed over the absorbable layer and the lower skin-contacting layer, wherein the absorbable layer is disposed over the opening of the lower skin-contacting layer;
a canister mounted to the atmosphere-side surface of the membrane, the canister comprising an interior chamber for collecting exudates exiting the wound chamber; and
a pump assembly (figure 22, pump assembly 15) connected to the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly, the pump assembly comprising:
a pump body (figure 25, pump body 70)) comprising a wall structure (figure 25, side wall 65) disposed about a pump chamber (figure 25, inner chamber 70),
wherein at least a portion of the wall structure is resilient ([0036]),
a wound-side passageway (figure 25, wound-side port 82) extending through the wall structure, and
communicating with the wound chamber ([0015]), and
an atmosphere-side passageway (figure 25, atmosphere-side port 87) extending through the wall structure, and
connecting the pump chamber to the atmosphere ([0015]),
wherein the pump assembly is configured to generate a negative air pressure within the wound chamber such that exudates from the wound chamber will flow from the wound, through the opening of the lower skin-contacting layer and into the absorbable layer in the wound chamber, through the absorbable layer, and out of the wound chamber ([0068]), through the absorbable layer and into the interior chamber of the canister.
Johnson does not teach a canister mounted to the atmosphere-side surface of the membrane, the canister comprising an interior chamber for collecting exudates exiting the wound chamber;
the pump assembly is connected to the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly
wherein the pump assembly is configured to generate a negative pressure such that exudates from the wound chamber flow into the interior chamber of the canister.
In the same field of endeavor, namely a dressing and method for applying reduced pressure, Jaeb teaches a canister (figures 1-3 and [0071], canister defined between diverter layer 232 and cover 244 comprising a second manifold layer 236, the canister mounted to drape facing side 348 of the diverter layer 232) mounted to the atmosphere-side surface of the membrane, the canister comprising an interior chamber (figure 1-3, interior chamber within the canister) for collecting exudates exiting the wound chamber;
the pump assembly (figure 2, reduced pressure source 110 is connected to the second manifold layer 236 and the canister is disposed between the drape facing side 348 of the diverter layer 232 and the reduced pressure source 110) is connected to the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly; and
wherein the pump assembly is configured to generate a negative pressure such that exudates from the wound chamber flow into the interior chamber of the canister (figure 2 [0071] the reduced pressure source generate negative pressure such that the exudates from the tissue site 108 flow into the canister through the absorbent layer 228).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson to incorporate the teachings of Jaeb and provides the NPWT bandage comprising the canister as claimed for the purpose of collecting liquid from the tissue site that is not absorbed by the absorbable layer, which eliminates the requirement for a separate external canister thereby reduces the size of NPWT system and improves the mobility of the treatment system as taught by Jaeb ([0040 and 0071]).
Regarding claim 30, Johnson, as modified by Jaeb, teaches the NPWT bandage of claim 26.
The combination further teaches wherein the pump assembly further comprises a wound-side one-way valve (Johnson; figure 25 and [0064], wound-side one-way valve 90) disposed in the wound-side passageway of the pump assembly, the wound-side one-way valve being configured to permit fluid to flow through the wound-side passageway from the interior chamber of the canister to the pump chamber, but to prevent fluid from flowing through the wound-side passageway from the pump chamber to the interior chamber of the canister.
Regarding claim 32, Johnson, as modified by Jaeb, teaches the NPWT bandage of claim 26.
The combination further teaches wherein the canister is mounted to the atmosphere-side surface of the membrane (Jaeb; figure 2, the canister mounted on drape facing side 348 of the diverter layer 232) and the pump assembly is mounted to the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly (Johnson and Jaeb; in the proposed combination as set forth in claim 26, the pump assembly (e.g., Johnson 15) is mounted to a dressing assembly comprising an integrated canister (e.g., canister of Jaeb). Accordingly, the integrated canister is interposed between the pump assembly and the atmosphere-facing surface of the membrane (e.g., Johnson upper surface of upper polyurethane layer 125))
Regarding claim 33, Johnson, as modified by Jaeb, teaches the NPWT bandage of claim 26.
The combination further teaches wherein the canister further comprises an atmosphere-side opening (Jaeb; figure 2, aperture 260)
Regarding claim 34, Johnson, as modified by Jaeb, teaches the NPWT bandage of claim 33.
The combination does not teach wherein the atmosphere-side opening comprises a gas-permeable membrane which permits gas to pass through the gas-permeable membrane.
In the same field of endeavor, namely a dressing and method for applying reduced pressure, Jaeb teaches wherein the atmosphere-side opening comprises a gas-permeable membrane (figure 2 and [0072], liquid-air separator 240) which permits gas to pass through the gas-permeable membrane.
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson, as modified by Jaeb, to incorporate the teachings of Jaeb and provide the gas-membrane membrane as claimed for the purpose of preventing the passage of liquid from the dressing assembly as taught by Jaeb ([0072]) thereby retaining the wound exudate within the dressing, which eliminates the requirement for a separate external canister thereby reduces the size of NPWT system and improves the mobility of the treatment system
Regarding claim 35, Johnson, as modified by Jaeb, teaches the NPWT bandage of claim 34.
The combination further teaches wherein the gas-permeable membrane prevents liquid from passing through the gas-permeable membrane (Jaeb; [0072]).
Regarding claim 36, Johnson, as modified by Jaeb, teaches the NPWT bandage of claim 26.
The combination does not expressly teach wherein the canister is formed integral with the pump body.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson, as modified by Jaeb, and provide the canister is formed integral with the pump body. It has been held that constructing an integral structure involves only routine skill in the art In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) MPEP 2144.04. One of skill in the art motivated to do so for the purpose of improving the structural integrity of the dressing assembly and prevent fluid leakage resulting from material degradation or mechanical failure.
Regarding claim 37, Johnson, as modified by Jaeb, teaches the NPWT bandage of claim 26.
The combination does not expressly teach wherein the canister is formed separately from the pump body.
However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson, as modified by Jaeb, and provide the canister is formed separately from the pump body. It has been held that constructing an separable structure involves only routine skill in the art (see MPEP 2144.04). One of skill in the art motivated to do so for the purpose of modular system that allows for the independent replacement of the canister upon saturation without necessitating the disposal of the pump assembly.
Regarding claim 38, Johnson, as modified by Jaeb, teaches the NPWT bandage of claim 26.
The combination further teaches wherein the interior chamber of the canister further comprises an absorbent material (Jaeb; [0071] the interior chamber of the canister comprises second manifold layer 236 comprises an absorbent material for example, porous foam, gauze or felted mat) to absorb liquid present in the interior chamber of the canister.
Regarding claim 40, Johnson teaches a method for applying negative pressure to a wound, the method comprising:
providing a negative pressure wound therapy (NPWT) bandage ([0024]) comprising:
a membrane (figure 22 and [0043], membrane 10) configured for disposition over a wound so as to form a wound chamber ([0043] wound chamber) between the membrane and the wound, the membrane comprising a wound-side surface ([0043] wound side surface), an atmosphere-side surface ([0043] atmosphere-side surface), and an opening (figure 25 [0043] opening 25) extending through the membrane from the wound-side surface to the atmosphere-side surface;
an absorbable layer (figure 22 and [0113], intermediate foam layer 120) disposed between the wound-side surface of the membrane and the wound;
a canister mounted to the atmosphere-side surface of the membrane, the canister comprising an interior chamber for collecting exudates exiting the wound chamber; and
a pump assembly (figure 22, pump assembly 15) mounted atop the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly, the pump assembly comprising:
a pump body (figure 25, pump body 70) comprising a wall structure (figure 25, side wall 65 disposed about inner chamber 70) disposed about a pump chamber,
wherein at least a portion of the wall structure is resilient ([0036]);
a wound-side passageway (figure 25, wound-side port 82) extending through the wall structure and
communicating with the wound chamber ([0015]), and
an atmosphere-side passageway (figure 25, atmosphere-side port 87) extending through the wall structure and
connecting the pump chamber to the atmosphere ([0075]);
positioning the NPWT bandage over the wound so as to form a wound chamber between the membrane and the wound ([0032]); and
generating a negative air pressure within the wound chamber so that exudates flow from the wound, through the opening of the lower skin-contacting layer and into the absorbable layer in the wound chamber, through the absorbable layer, and out of the wound chamber ([0068]) into the interior chamber of the canister.
Johnson does not teach a canister mounted to the atmosphere-side surface of the membrane, the canister comprising an interior chamber for collecting exudates exiting the wound chamber;
the pump assembly mounted atop the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly; and
wherein the pump assembly is configured to generate a negative pressure such that exudates from the wound chamber flow into the interior chamber of the canister.
In the same field of endeavor, namely a dressing and method for applying reduced pressure, Jaeb teaches a canister (figures 1-3 and [0071] canister defined between diverter layer 232 and cover 244 comprising a second manifold layer 236, the canister mounted to drape facing side 348 of the diverter layer 232 ) mounted to the atmosphere-side surface of the membrane, the canister comprising an interior chamber (figures 1-3, interior chamber within the canister) for collecting exudates exiting the wound chamber;
the pump assembly (figure 2 [0071] reduced pressure source 110 mounted atop the canister such that the canister is disposed between the diverter layer and the pump assembly; Examiner’s note: in the proposed combination, the pump assembly (e.g., Johnson 15) is mounted to an integrated dressing assembly comprising an integrated canister (e.g., canister of Jaeb). Accordingly, the pump assembly is mounted atop the integrated dressing assembly having the integrated canister above the absorbable layer) mounted atop the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly; and
wherein the pump assembly is configured to generate a negative pressure such that exudates from the wound chamber flow into the interior chamber of the canister (figure 2 [0071] the reduced pressure source generate negative pressure such that the exudates from the tissue site 108 flow into the canister through the absorbent layer 228).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson to incorporate the teachings of Jaeb and provides the NPWT bandage comprising the canister as claimed for the purpose of collecting liquid from the tissue site that is not absorbed by the absorbable layer, which eliminates the requirement for a separate external canister thereby reduces the size of NPWT system and improves the mobility of the treatment system as taught by Jaeb ([0040 and 0071]).
Regarding claim 44, Johnson, as modified by Jaeb, teaches the method of claim 40.
The combination further teaches wherein the pump assembly further comprises a wound-side one-way valve (Johnson; figure 25 and [0064], wound side one way valve 90) disposed in the wound-side passageway of the pump assembly, the wound-side one-way valve being configured to permit fluid to flow through the wound-side passageway from the interior chamber of the canister to the pump chamber, but to prevent fluid from flowing through the wound-side passageway from the pump chamber to the interior chamber of the canister.
Regarding claim 46, Johnson, as modified by Jaeb, teaches the method of claim 40.
The combination further teaches wherein the canister is mounted to the atmosphere-side surface of the membrane (Jaeb; figure 2, the canister mounted on drape facing side 348 of diverter layer 232) and the pump assembly is mounted to the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly (Johnson and Jaeb; in the proposed combination as set forth in claim 40, the pump assembly (e.g., Johnson 15) is mounted to a dressing assembly comprising an integrated canister (e.g., canister of Jaeb). Accordingly, the pump assembly is mounted atop the integrated dressing assembly having the integrated canister above the absorbable layer).
Regarding claim 47, Johnson, as modified by Jaeb, teaches the method of claim 40.
The combination does not teach wherein the canister further comprises an atmosphere-side opening (Jaeb; figure 2, aperture 260)
Regarding claim 48, Johnson, as modified by Jaeb, teaches the method of claim 47.
The combination does not teach wherein the atmosphere-side opening comprises a gas-permeable membrane which permits gas to pass through the gas-permeable membrane.
In the same field of endeavor, namely a dressing and method for applying reduced pressure, Jaeb teaches wherein the atmosphere-side opening comprises a gas-permeable membrane (figure 2 and [0072], liquid-air separator 240) which permits gas to pass through the gas-permeable membrane.
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson, as modified by Jaeb, to incorporate the teachings of Jaeb and provide the gas-membrane membrane as claimed for the purpose of preventing the passage of liquid from the dressing assembly as taught by Jaeb ([0072]) thereby retaining the wound exudate within the dressing, which eliminates the requirement for a separate external canister thereby reduces the size of NPWT system and improves the mobility of the treatment system
Regarding claim 49, Johnson, as modified by Jaeb, teaches the method of claim 40.
The combination further teaches wherein the gas-permeable membrane prevents liquid from passing through the gas-permeable membrane (Jaeb; [0072]).
Regarding claim 50, Johnson, as modified by Jaeb, teaches the method of claim 40.
The combination does not expressly teach wherein the canister is formed integral with the pump body.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson, as modified by Jaeb, and provide the canister is formed integral with the pump body. It has been held that constructing an integral structure involves only routine skill in the art In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) MPEP 2144.04. One of skill in the art motivated to do so for the purpose of improving the structural integrity of the dressing assembly and prevent fluid leakage resulting from material degradation or mechanical failure.
Regarding claim 51, Johnson, as modified by Jaeb, teaches the method of claim 40.
The combination does not expressly teach wherein the canister is formed separately from the pump body.
However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson, as modified by Jaeb, and provide the canister is formed separately from the pump body. It has been held that constructing an separable structure involves only routine skill in the art (see MPEP 2144.04). One of skill in the art motivated to do so for the purpose of modular system that allows for the independent replacement of the canister upon saturation without necessitating the disposal of the pump assembly.
Regarding claim 52, Johnson, as modified by Jaeb, teaches the method of claim 40.
The combination further teaches wherein the interior chamber of the canister further comprises an absorbent material (Jaeb; [0071] the interior chamber of the canister comprises second manifold layer 236 comprises an absorbent material for example, porous foam, gauze or felted mat) to absorb liquid present in the interior chamber of the canister.
Regarding claim 137, Johnson, as modified by Jaeb, teaches the method of claim 40.
The combination further teaches wherein the canister and the pump assembly are mounted to the negative pressure wound therapy (NPWT) bandage (the combination as set forth in claim 40 have the canister and the pump assembly are mounted to the dressing).
Regarding claim 138, Johnson, as modified by Jaeb, teaches the method of claim 26.
The combination further teaches wherein the pump assembly is mounted atop the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly (Johnson and Jaeb; in the proposed combination as set forth in claim 26, the pump assembly (e.g., Johnson 15) is mounted to a dressing assembly comprising an integrated canister (e.g., canister of Jaeb). Accordingly, the integrated canister is interposed between the pump assembly and the atmosphere-facing surface of the membrane (e.g., Johnson upper surface of upper polyurethane layer 125).
Regarding claim 139, Johnson, as modified by Jaeb, teaches the method of claim 40.
The combination further teaches wherein the pump assembly is mounted atop the canister such that the canister is disposed between the atmosphere-side surface of the membrane and the pump assembly (Johnson and Jaeb; in the proposed combination as set forth in claim 26, the pump assembly (e.g., Johnson 15) is mounted to a dressing assembly comprising an integrated canister (e.g., canister of Jaeb). Accordingly, the pump is mounted atop the integrated canister)
Claims 39, 53 and 136 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al (US 20210169699 A1) in view of Jaeb et al (US 20090227969 A1), and in further view of Locke et al (US 20180272052 A1).
Regarding claim 39, Johnson, as modified by Jaeb, teaches the NPWT bandage of claim 38.
The combination does not teach wherein the absorbent material comprises at least one from the group consisting of superabsorbent crystals, hydrocolloids and gel-forming matter.
In the same field of endeavor, namely a low acuity dressing with integral pump, Locke teaches a canister (figure 1, pouch 105) comprises an absorbent layer (absorbent 124) wherein the absorbent material comprises at least one from the group consisting of superabsorbent crystals, hydrocolloids and gel-forming matter ([0038]).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson, as modified by Jaeb, to incorporate the teachings of Locke, and one of skill in the art motivated to do so, for the purpose of optimize fluid retention and overall absorbent capacity.
Regarding claim 53, Johnson, as modified by Jaeb, teaches the method of claim 40.
The combination does not teach wherein the absorbent material comprises at least one from the group consisting of superabsorbent crystals, hydrocolloids and gel-forming matter.
In the same field of endeavor, namely a low acuity dressing with integral pump, Locke teaches a canister (figure 1, pouch 105) comprises an absorbent layer (absorbent 124) wherein the absorbent material comprises at least one from the group consisting of superabsorbent crystals, hydrocolloids and gel-forming matter ([0038]).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson, as modified by Jaeb, to incorporate the teachings of Locke, and one of skill in the art motivated to do so, for the purpose of optimize fluid retention and overall absorbent capacity.
Regarding claim 136, Johnson, as modified by Jaeb, teaches the NPWT bandage of claim 26.
The combination does not teach wherein the canister is mounted to the atmosphere-side surface of the membrane and the pump assembly is mounted to the atmosphere-side surface of the membrane such that the canister and the pump assembly are disposed in a side-by-side configuration
In the same field of endeavor, namely a low acuity dressing with integral pump, Locke teaches wherein the canister is mounted to the atmosphere-side surface of the membrane and the pump assembly is mounted to the atmosphere-side surface of the membrane such that the canister and the pump assembly are disposed in a side-by-side configuration (figure 2, the pouch 105 and the negative-pressure source 104 are disposed in a side-by-side configuration).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Johnson, as modified by Jaeb, to incorporate the teachings of Locke and provide the device as claimed, and one of skill in the art motivated to do so, for the purpose of minimize the device’s vertical profile. This low-profile enhances the overall portability and mobility of the NPWT system for the user as taught by Locke ([0036]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH HAN whose telephone number is (571)272-2545. The examiner can normally be reached M-F 0900-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SETH HAN/ Examiner, Art Unit 3781
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