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 .
Any References cited but not appearing in any current Form 892 may be found in previous Form 892’s or IDS’s.
Response to Amendment
The amendment to the claims filed on 03/09/2026 has been entered and, additionally, the Supplemental Amendment to the claims filed on 07/07/2026 has been entered.
Response to Arguments
Applicant’s arguments, see page 1, filed 05/04/2026, with respect to the rejection(s) of claim(s) 1, 7 under 103 and claim(s) 14 under 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited Dorr (US 2599523) in view of previously cited Ribble (US 2019/0321236), in view of previously cited Luce (US 2014/0276519), and in view of previously cited Mitlitski (US 2023/0277387) with regard to independent claim 1, and in view of newly cited Dorr (US 2599523) in view of previously cited Mitlitski (US 2023/0277387) with regard to independent claims 7 and 14.
Claim Objections
Claims 1, 7 and 14 are objected to because of the following informalities: Each of claims 1, 7 and 14 claims recites “ a single sheet of material(s)”. The parenthesis around the letter “s” appear to indicate that at least one material is used. For clarity, it is suggested that the claims be amended to change “a single sheet of material(s)” to --a single sheet of at least one material--. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorr (US 2599523) in view of Ribble (US 2019/0321236), in view of Luce (US 2014/0276519) and in further view of Mitlitski (US 2023/0277387).
Regarding claim 1, Dorr discloses a cover (Fig. 9; Fig. 10; col. 1, lines 11-24) for a sensitive area of a user's skin (col. 3, lines 42-59, corns), the cover consisting of: a top layer (19) consisting of a single sheet of desired material(s) (col. 3, lines 42-59; annotated Fig. 10 below),
PNG
media_image1.png
467
537
media_image1.png
Greyscale
a covering layer of thin fabric); a bottom layer (15) (annotated Fig. 10) consisting of desired material(s) (col. 3, lines 42-59, soft sponge latex), wherein the bottom layer forms an opening (17) (col. 3, lines 42-59, Fig. 9; annotated Fig. 10, ring has an opening, central hollow area or cavity 17) of a desired size and shape inside its periphery (annotated Fig. 10); and wherein the top layer is attached to a first side of the bottom layer (col. 3, lines 42-59, said ring and disc of medicament are secured together with the top layer; Fig. 10) such that to cover the opening of the bottom layer (Fig. 9, Fig. 10, col. 3 lines 42-59; Fig. 9, Fig. 10), and wherein the bottom layer attaches to the user's skin, from a second side (col. 3, lines 42-59,its under surface 16 provided with adhesive; annotated Fig. 10 above), such that to place the sensitive area of the user within the opening of the bottom layer (Fig. 10; capable of intended use) while being covered by the top layer (Fig. 10), and wherein a surface area of the top layer facing the sensitive area of the user has no adhesive (NOTE: a surface area of the top layer [fabric 19] facing the sensitive area of the user was not disclosed to have adhesive therefore it is implied that it does not have adhesive and adhesive of layer 19 is not seen in the drawings).
Dorr does not explicitly disclose that a top layer is consisting of a single woven or a non-woven sheet of desired material(s); a bottom layer consisting of a single woven or a non-woven sheet of desired material(s); and wherein the top layer is permanently, detachably, or partially detachably attached to a first side of the bottom layer.
Ribble teaches an analogous cover (100) for a sensitive area of a user’s skin ([0017]; capable of intended use) having an analogous top layer (facing layer) ([0038]; NOTE: a facing layer positioned between the upper substrate and the central aperture is a top for an opening 204 and is thus a top layer) consisting of a single woven or non-woven sheet of desired material(s) ([0038]; NOTE: the facing layer can be a non-woven fabric and as the facing layer is a sheet as evidenced by its being a layer the top layer is consisting of a single non-woven sheet).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the top layer consisting of a single sheet of desired material(s) of the cover for a sensitive area of a user’s skin of Dorr is consisting of a single non-woven sheet of desired material(s) as taught by Ribble, in order to provide and improved cover that may reduce sticking between to the sensitive area (Ribble, [0038]).
Dorr in view of Ribble discloses the invention as described above.
Dorr in view of Ribble does not disclose a bottom layer consisting of a single woven or a non-woven sheet of desired material(s); and wherein the top layer is permanently, detachably, or partially detachably attached to a first side of the bottom layer.
Luce teaches an analogous cover (110) (Fig. 5; [0038]) having an analogous top layer (114) and an analogous bottom layer (112) ([0038]; NOTE: it is an analogous bottom layer in that it is beneath the top layer 114 and is adjacent to the user’s skin) consisting of a single woven or non-woven sheet of desired material(s) ([0043]; NOTE: the topsheet 112 [analogous to bottom layer] may be woven or non-woven).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the bottom layer that is consisting of a single sheet of desired material(s) of the cover of Dorr in view of Ribble is woven or non-woven as taught by Luce, in order to provide an improved cover that is soft and non-irritating (Luce, [0043]).
Dorr in view of Ribble and in further view of Luce discloses the invention as described above.
Dorr in view of Ribble and in further view of Luce does not disclose explicitly wherein the top layer is permanently, detachably, or partially detachably attached to a first side of the bottom layer.
Mitlitski teaches an analogous cover a cover 10 (pad 10, [0026]; A pad is provided for use on skin for treatment of a callus using an active agent, [0006]; NOTE: as the pad is provided for use on skin it is a cover of skin; capable of intended use) for a sensitive area of a user's skin ([0006]; NOTE: a callous in a sensitive area of a user’s skin; capable of intended use), the cover having an analogous top layer (14) ([0029]; Fig. 9); an analogous bottom layer 12 (first inner cushion layer 12, [0026]; Fig. 1; Fig. 9 ); and wherein the analogous top layer is permanently, detachably, or partially detachably attached to an analogous first side 18 ([0033]) of the bottom layer ([0033]; [0008]; [0030]; NOTE: an adhesive on the outer layer 14 releasably secures the outer layer 14 and thus the top layer is releasably secured to the bottom layer via its connection and is thus partially detachably attached) such that to cover the opening of the bottom layer (Fig. 1, Fig. 8; Fig, 9; [0008]).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the top layer of the cover of Dorr, in view of Ribble and in further view of Luce is permanently, detachably, or partially detachably attached to a first side of the bottom layer, as taught by Mitlitski, in order to provide an improved cover that facilitates deposition of an active agent and resealing (Mitlitski, [0008]).
Regarding claim 2, Dorr in view of Ribble, in view of Luce and in further view of Mitlitski discloses the invention as described above with regard to claim 1.
Dorr further discloses wherein the sensitive area of the user is a foot bunion, a toe corn, a foot callus, or a foot wart (col. 3, lines 42-59, corn).
Regarding claim 3, Dorr in view of Ribble, in view of Luce and in further view of Mitlitski discloses the invention as described above with regard to claim 1.
Dorr further discloses wherein the top layer or the bottom layer is made of woven fabric, foam, non-woven fabric, gel, sponge or plastic film (col. 3, lines 42-59, ring 15 [bottom layer] is soft sponge latex).
Regarding claim 4, Dorr in view of Ribble, in view of Luce and in further view of Mitlitski discloses the invention as described above with regard to claim 1.
Dorr further discloses wherein the bottom layer opening is a circular or an oval hole (Fig. 9, Fig. 10).
Regarding claim 5, Dorr in view of Ribble, in view of Luce and in further view of Mitlitski discloses the invention as described above with regard to claim 1.
The combination further discloses wherein the top layer is partially permanently attached (in the combination, Mitlitski teaches at least a portion 24 of the outer layer 14 is fixed to the outer surface 18 of the cushion layer 12 such that, in a first open condition, the opening 22 in the cushion layer 12 to the skin is exposed. The fixed portion 24 of the outer layer 14 may comprise about 20 to about 30% of the area of the outer layer 14 , [0030]; [0026]; Fig. 10; NOTE: a portion 24 of the outer layer 14 is fixed thus partially permanently attached to the outer surface of the cushion layer) and partially detachably attached to the bottom layer (In the combination, Mitlitksi teaches A remaining portion of the outer layer 14 has a border portion of adhesive 28 on the inner surface 34 of the outer layer 14 extending inwardly from the periphery 32 of the outer layer 14. A suitable adhesive for the border portion 28 can be acrylate, including methacrylates and epoxy diacrylates which are also known as vinyl resins. In a second closed condition (FIGS. 1-7), the remaining portion of the outer layer 14 is releasably adhered to the outer surface 18 of the cushion layer 12 overlying the opening 22 and the active agent during use of the pad 10; [0026]; [0030]; NOTE: the remaining portion of the outer layer 14 has a border portion that is releasably adhered to the outer surface of the cushion layer 12 [bottom layer], thus the top layer is partially detachably attached to the bottom layer via the outer layer 14).
Regarding claim 6, Dorr in view of Ribble, in view of Luce and in further view of Mitlitski discloses the invention as described above with regard to claim 1.
Dorr further discloses providing medication to a lower surface of a disc which is placed in the opening (col. 3, lines 42-59) which medication is capable of coating the surface area of the top layer as the disc is a sponge holding the medication and the medication may contact the surface area and thus coat it via the sponge.
Dorr in view of Ribble, Luce and Mitlitski as combined does not explicitly disclose wherein the surface area of the top layer facing the sensitive area of the user is coated with medication.
Mitlitski further teaches wherein the analogous surface area of the analogous top layer facing the sensitive area of the user is coated with medication (A primary objective of the intermediate layer 26 is to prevent migration or seepage of the active agent or ingredients from the well opening 22 in the cushion layer 12 and through the outer layer 14. Accordingly, the intermediate layer 26 may be made of a material, or combination of materials, that is substantially impermeable to the active agent or ingredients contained in the well 22 of the pad 10, [0029]; An active agent, such as salicylic acid gel, [0033]; The active agent for treating the callus is contained by the pad 10, [0033]; NOTE: a lower surface area of the analogous top layer contacts the active agent in the well opening and thus it is coated with the active agent; ALSO NOTE: the active agent is for treating the callus and is thus a medication).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the surface area of the top layer of the cover of Dorr in view of Ribble, in view of Luce and in further view of Mitlitski facing the sensitive area of the user is coated with medication, as taught by Mitlitski, by replacing the medicated disc of Mitlitski with medication, in order to provide an improved cover that facilitates enclosing the medication against the skin (Mitlitski, [0031]).
Claim(s) 7, 9-12, 14-15, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorr (US 2599523) in view of Mitlitski (US 2023/0277387).
Regarding claim 7, Dorr discloses a bunion patch (Fig. 9; Fig. 10; col. 1, lines 11-24) consisting of a top layer (19) (annotated Fig. 10 above with regard to the claim 1 rejection) consisting of a single sheet of material(s) (col. 3, lines 42-59, fabric); a bottom layer (15) (annotated Fig. 10 above) consisting of a single sheet of material(s) (col. 3, lines 42-59, soft latex sponge), wherein the bottom layer forms a void (17) inside its perimeters (Fig. 10; col. 3, lines 42-59); and wherein the top layer is such that to cover the void inside the bottom layer (Fig. 9, Fig. 10, col. 3 lines 42-59), and wherein the bottom layer attaches to the user's skin, from a second side (col. 3, lines 42-59,its under surface 16 provided with adhesive; annotated Fig. 10 above with regard to the rejection to claim 1), such that to place the bunion of the user within the void of the bottom layer while being covered by the top layer (Fig. 10), and wherein a surface area of the top layer facing the bunion of the user has no adhesive (NOTE: the a surface area of the top layer [fabric 19] facing the sensitive area of the user was not disclosed to have adhesive therefore it is implied that it does not have adhesive and adhesive of layer 19 is not seen in the drawings).
Dorr does not disclose wherein the top layer is permanently or detachably attached to a first side of the bottom layer.
Mitlitski teaches an analogous bunion patch 10 (pad 10, [0026]; A pad is provided for use on skin for treatment of a callus using an active agent, [0006]; NOTE: as the pad is provided for use on skin it is a cover of skin; capable of intended use) for a sensitive area of a user's skin ([0006]; NOTE: a callous in a sensitive area of a user’s skin; capable of intended use), the cover having an analogous top layer (14) ([0029]; Fig. 9); an analogous bottom layer 12 (first inner cushion layer 12, [0026]; Fig. 1; Fig. 9); and wherein the analogous top layer is permanently or detachably attached to an analogous first side 18 ([0033]) of the bottom layer ([0033]; [0008]; [0030]; NOTE: an adhesive on the outer layer 14 releasably secures the outer layer 14 to the bottom layer and is thus partially detachably attached) such that to cover the opening of the bottom layer (Fig. 1, Fig. 8; Fig, 9; [0008]).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the top layer of the bunion patch of Dorr, is permanently or detachably attached to a first side of the bottom layer, as taught by Mitlitski, in order to provide an improved bunion patch that facilitates deposition of an active agent and resealing (Mitlitski, [0008]).
Regarding claim 9, Dorr in view of Mitlitski discloses the invention as described above with regard to claim 7.
Dorr further discloses wherein the top layer and/or the bottom layer is made of woven fabric, foam, non-woven fabric, gel, sponge or plastic film (col. 3, lines 42-59, ring 15 [bottom layer] is soft sponge latex).
Regarding claim 10, Dorr in view of Mitlitski discloses the invention as described above with regard to claim 7.
Dorr further discloses wherein the bottom layer void is a circular or an oval hole (Fig. 9, Fig. 10).
Regarding claim 11, Dorr in view of Mitlitski discloses the invention as described above with regard to claim 7.
The combination further discloses wherein the top layer is partially permanently attached (In the combination Mitlitski teaches at least a portion 24 of the outer layer 14 is fixed to the outer surface 18 of the cushion layer 12 such that, in a first open condition, the opening 22 in the cushion layer 12 to the skin is exposed. The fixed portion 24 of the outer layer 14 may comprise about 20 to about 30% of the area of the outer layer 14 , [0030]; [0026]; Fig. 10; NOTE: a portion of the outer layer is fixed to the outer surface of the cushion layer thus the top layer is partially permanently attached to the bottom layer) and partially detachably attached to the bottom layer (In the combination, Mitlitski teaches A remaining portion of the outer layer 14 has a border portion of adhesive 28 on the inner surface 34 of the outer layer 14 extending inwardly from the periphery 32 of the outer layer 14. A suitable adhesive for the border portion 28 can be acrylate, including methacrylates and epoxy diacrylates which are also known as vinyl resins. In a second closed condition (FIGS. 1-7), the remaining portion of the outer layer 14 is releasably adhered to the outer surface 18 of the cushion layer 12 overlying the opening 22 and the active agent during use of the pad 10; [0026]; [0030]; NOTE: the remaining portion of the outer layer 14 has a border portion that is releasably adhered to the outer surface of the cushion layer 12 [bottom layer], thus the top layer is partially detachably attached to the bottom layer via the outer layer 14).
Regarding claim 12, Dorr in view of Mitlitski discloses the invention as described above with regard to claim 7.
Dorr further discloses providing medication to a lower surface of a disc which is placed in the opening (col. 3, lines 42-59) which medication is capable of coating the surface area of the top layer as the disc is a sponge holding the medication and the medication may contact the surface area and thus coat it via the sponge.
Dorr in view of Mitlitski as combined does not explicitly disclose wherein the surface area of the top layer facing the sensitive area of the user is coated with medication.
Mitlitski further teaches wherein the analogous surface area of the analogous top layer facing the sensitive area of the user is coated with medication (A primary objective of the intermediate layer 26 is to prevent migration or seepage of the active agent or ingredients from the well opening 22 in the cushion layer 12 and through the outer layer 14. Accordingly, the intermediate layer 26 may be made of a material, or combination of materials, that is substantially impermeable to the active agent or ingredients contained in the well 22 of the pad 10, [0029]; An active agent, such as salicylic acid gel, [0033]; The active agent for treating the callus is contained by the pad 10, [0033]; NOTE: a lower surface area of the analogous top layer contacts the active agent in the well opening and thus it is coated with the active agent; ALSO NOTE: the active agent is for treating the callus and is thus a medication).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the surface area of the top layer of the bunion patch of Dorr in view of Mitlitski facing the sensitive area of the user is coated with medication, as taught by Mitlitski, by replacing the medicated disc of Mitlitski with medication, in order to provide an improved cover that facilitates enclosing the medication against the skin (Mitlitski, [0031]).
Regarding claim 14, Dorr discloses a pad (Fig. 9; Fig. 10; col. 1, lines 11-24) for a sore area of a user's skin(col. 3, lines 42-59, corns), the pad consisting of: a top layer (19) (annotated Fig. 10 above with regard to the claim 1 rejection) consisting of only a single sheet of material(s) (col. 3, lines 26-42, annotated Fig. 10 above with regard to the claim 1 rejection); a bottom layer (15) consisting of only a single sheet of material(s) (col. 3, lines 26-42; annotated Fig. 10 above with regard to the claim 1 rejection), wherein the bottom layer creates a hole (17) of a desired size and shape inside its periphery (annotated Fig 10 above with regard to claim 1); and wherein the top layer is such that to cover the hole of the bottom layer (Fig. 9, Fig. 10, col. 3 lines 42-59), and wherein the bottom layer attaches to the user's skin (col. 3, lines 42-59,its under surface 16 provided with adhesive), from a second side (annotated Fig. 10 with regard to claim 1), such that to place the sore area of the user within the hole of the bottom layer (Fig. 10; capable of intended use), and wherein a surface area of the top layer covering the hole of the bottom layer has no adhesive (NOTE: the a surface area of the top layer [fabric 19] facing the sensitive area of the user was not disclosed to have adhesive therefore it is implied that it does not have adhesive).
Dorr does not disclose wherein the top layer is permanently attached to a first side of
the bottom layer.
Mitlitski teaches an analogous pad 10 (pad 10, [0026]; A pad is provided for use on skin for treatment of a callus using an active agent, [0006]; NOTE: as the pad is provided for use on skin it is a cover of skin; capable of intended use) for a sensitive area of a user's skin ([0006]; NOTE: a callous in a sensitive area of a user’s skin; capable of intended use), the pad having an analogous a top layer (14) ([0029]; NOTE: Fig. 9; [0026]; Fig. 1;); and wherein the analogous top layer is permanently, attached to an analogous first side 18 ([0033]) of the bottom layer ([0026]; [0030]; [0033]; [0008]; NOTE: a portion of the outer layer 14 is fixed to the outer surface 18 of the cushion layer 12 [bottom layer] thus the top layer is permanently attached to a first side of the bottom layer).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the top layer of the pad of Dorr, is permanently, attached to a first side of the bottom layer, as taught by Mitlitski, in order to provide an improved cover that facilitates deposition of an active agent and resealing (Mitlitski, [0008]).
Regarding claim 15, Dorr in view of Mitlitski discloses the invention as described above with regard to claim 14.
Dorr further discloses wherein the sore area of the user is a foot bunion, a toe corn, a foot callus, or a foot wart (col. 3, lines 42-59, corn).
Regarding claim 18, Dorr in view of Mitlitski discloses the invention as described above with regard to claim 14.
Dorr further discloses wherein the bottom layer hole is a circular or an oval hole (Fig. 10).
Regarding claim 20, Dorr in view of Mitlitski discloses the invention as described above with regard to claim 14.
Dorr further discloses providing medication to a lower surface of a disc which is placed in the opening (col. 3, lines 42-59) which medication is capable of coating the surface area of the top layer as the disc is a sponge holding the medication and the medication may contact the surface area and thus coat it via the sponge.
Dorr in view of Mitlitski as combined does not explicitly disclose wherein the surface area of the top layer facing the sensitive area of the user is coated with medication.
Mitlitski further teaches wherein the analogous surface area of the analogous top layer facing the sensitive area of the user is coated with medication (A primary objective of the intermediate layer 26 is to prevent migration or seepage of the active agent or ingredients from the well opening 22 in the cushion layer 12 and through the outer layer 14. Accordingly, the intermediate layer 26 may be made of a material, or combination of materials, that is substantially impermeable to the active agent or ingredients contained in the well 22 of the pad 10, [0029]; An active agent, such as salicylic acid gel, [0033]; The active agent for treating the callus is contained by the pad 10, [0033]; NOTE: a lower surface area of the analogous top layer contacts the active agent in the well opening and thus it is coated with the active agent; ALSO NOTE: the active agent is for treating the callus and is thus a medication).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the surface area of the top layer of the pad of Dorr in view of Mitlitski facing the sensitive area of the user is coated with medication, as taught by Mitlitski, by replacing the medicated disc of Mitlitski with medication, in order to provide an improved cover that facilitates enclosing the medication against the skin (Mitlitski, [0031]).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorr (US 2599523) in view of Mitlitski (US 2023/0277387) as applied to claim 7 above, and further in view of Ribble (US 2019/0321236) and in further view of Luce (US 2014/0276519).
Regarding claim 8, Dorr in view of Mitlitski discloses the invention as described above with regard to claim 7.
Dorr in view of Mitlitski does not explicitly disclose wherein the sheets of materials of the top and bottom layers are woven or non-woven.
Ribble teaches an analogous bunion patch (100) for a sensitive area of a user’s skin ([0017]; capable of intended use) having an analogous top layer (facing layer) ([0038]; NOTE: a facing layer positioned between the upper substrate and the central aperture is a top for an opening 204 and is thus a top layer) of a single woven or non-woven sheet of desired material(s) ([0038]; NOTE: the facing layer can be a non-woven fabric and as the facing layer is a sheet as evidenced by its being a layer the top layer is consisting of a single non-woven sheet).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the top layer consisting of a single sheet of desired material(s) of the bunion patch of Dorr in view of Mitlitski is a single non-woven sheet of desired material(s) as taught by Ribble, in order to provide an improved patch that may reduce sticking between to the sensitive area (Ribble, [0038]).
Dorr in view of Mitlitski and in further view of Ribble discloses the invention as described above.
The combination does not explicitly disclose wherein the bottom layer is non-woven.
Luce teaches an analogous patch (110) (Fig. 5; [0038]) having an analogous top layer (114) and an analogous bottom layer (112) ([0038]; NOTE: it is an analogous bottom layer in that it is beneath the top layer 114 and is adjacent to the user’s skin) of a single woven or non-woven sheet of desired material(s) ([0043]; NOTE: the topsheet 112 [analogous to bottom layer] may be woven or non-woven).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the bottom layer that is consisting of a single sheet of desired material(s) of the bunion patch of Dorr, in view of Mitlitski and in further view of Ribble is woven or non-woven as taught by Luce, in order to provide an improved bunion patch that is soft and non-irritating (Luce, [0043]).
Claim(s) 13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorr (US 2599523) in view of Mitlitski (US 2023/0277387) as applied to claim 7 and claim 14 respectively above, and further in view of Holmes (US 2010/0247613).
Regarding claims 13 and 19, Dorr in view of Mitlitski discloses the invention as described above with regard to claims 7 and 14, respectively.
Dorr in view of Mitlitski does not disclose wherein air can pass through a portion of the top layer that covers the void of the bottom layer.
Holmes teaches an analogous patch or pad (Fig. 4, Fig. 5, [0014]; [0015]; dressing, [0023]) having an analogous top layer (104) ( [0024]; [0025]; Fig. 5; NOTE: layer 104 is analogous to a top layer in that it is a top of the void/opening and it is polyethylene as is the top layer of Mitlitski) an analogous bottom layer 102, 110 (contact layer 102, adhesive 110, [0025]) and an analogous void/opening 106 (reception area 106, [0024]) inside the bottom layer ([0024]; Fig. 5) and that the analogous top layer covers the analogous opening/void (Fig. 4, Fig. 5) wherein air can pass through a portion of the top layer that covers the opening/void of the bottom layer (In many embodiments, the first polymer film 112 is water-permeable and air-permeable, thus allowing the dressing and wound to breathe while still preventing or limiting the escape of the medicine 108, [0027]).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that air can pass through the top layer of the patch or pad of Dorr in view of Mitlitski that covers the void of the bottom layer of the bunion patch or pad, as taught by Holmes, in order to provide an improved bunion patch or pad that allows the dressing and the wound to breathe while still preventing or limiting the escape of medicine (Holmes, [0027]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorr (US 2599523) in view of Mitlitski (US 2023/0277387) as applied to claim 14 above, and further in view of Ribble.
Regarding claim 16, Dorr in view of Mitlitski discloses the invention as described above with regard to claim 14.
Dorr further in view of Mitlitski does not disclose wherein the bottom layer is made of woven fabric, foam, non-woven fabric, gel, sponge or plastic film.
Ribble teaches an analogous pad (100) for a sensitive area of a user’s skin ([0017]; capable of intended use) having an analogous top layer (facing layer) ([0038]; NOTE: a facing layer positioned between the upper substrate and the central aperture is a top for an opening 204 and is thus a top layer) of a single woven or non-woven sheet of desired material(s) ([0038]; NOTE: the facing layer can be a non-woven fabric and as the facing layer is a sheet as evidenced by its being a layer the top layer is consisting of a single non-woven sheet).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the top layer consisting of a single sheet of desired material(s) of the pad of Dorr in view of Mitlitski is a single non-woven sheet of desired material(s) as taught by Ribble, in order to provide and improved pad that may reduce sticking between to the sensitive area (Ribble, [0038]).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorr (US 2599523) in view of Mitlitski (US 2023/0277387) as applied to claim 14 above, and further view of Luce (US 2014/0276519).
Regarding claim 17, Dorr in view of Mitlitski discloses the invention as described above with regard to claim 14.
Dorr in view of Mitlitski does not discloses wherein the top layer is made of woven fabric, foam,non-woven fabric, gel, sponge or plastic film.
Luce teaches an analogous pad (110) (Fig. 5; [0038]) having an analogous top layer (114) and an analogous bottom layer (112) ([0038]; NOTE: it is an analogous bottom layer in that it is beneath the top layer 114 and is adjacent to the user’s skin) of a single woven or non-woven sheet of desired material(s) ([0043]; NOTE: the topsheet 112 [analogous to bottom layer] may be woven or non-woven).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the bottom layer that is consisting of a single sheet of desired material(s) of the pad of Dorr, in view of Mitlitski is made of woven or non-woven fabric as taught by Luce, in order to provide an improved cover that is soft and non-irritating (Luce, [0043]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Froyd (US 2268746) discloses a cover (6) (Fig. 1, Fig. 2) for a sensitive area of a user’s skin (page 1, col. 1 lines 1-8) having a top layer (9); a bottom layer (12) that forms an opening (14).
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 GINA MCCARTHY whose telephone number is (408)918-7594. The examiner can normally be reached Monday - Friday, 7:00-3:30 PT.
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, Alireza Nia can be reached at 571-270-3076. 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.
/G.M./Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786
