DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s amendment filed 07/09/2025 is accepted and entered.
Applicant’s arguments with respect to claim(s) 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Chen is now cited to disclose the newly added limitations, as set forth below.
Applicant did not specifically argue the dependent claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, and 8-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al (US 6673982).
Regarding Claim 1, Chen discloses an incision dressing (170, Figs. 7A and 7B; Col. 10 line 63 – Col. 11 line 3 indicates the invention can be utilized as a wound dressing), comprising:
a liquid permeable center section (central absorbent member 184, Figs. 7A and 7B) having first and second opposite sides (left and right sides, Figs. 7A and 7B);
a first discrete lateral absorbent section (left outer absorbent member 176, Figs. 7A and 7B) terminating at and abutting the first opposite side of the center section (184, Figs. 7A and 7B; the sides abut at least through the apertures 179),
a second discrete lateral absorbent section (right outer absorbent member 176, Figs. 7A and 7B) terminating at and abutting the second opposite side of the center section (184, Figs. 7A and 7B; the sides abut at least through the aperture 179); and
a wound contact material (topsheet 172, Figs. 7A and 7B) adhered to lowermost surfaces of the center section (184, Figs. 7A and 7B) and the lateral absorbent sections (176, Figs. 7A and 7B; Col. 10 line 63 – Col. 11 line 3, Col. 51 lines 8-42; when used as a wound dressing, the topsheet would serve as a wound contact layer and the dressing would be placed “upside down” as compared to the figures);
wherein when the incision dressing (170, Figs. 7A and 7B) is in use on an incision the liquid permeable center section (184, Figs. 7A and 7B) provides a flow path of fluid from the incision and the first and second lateral absorbent sections (176, Figs. 7A and 7B) absorb fluid from the liquid permeable center section (184, Figs. 7A and 7B) and draw fluid to flow from the incision and flow to and through the liquid permeable center section (184, Figs. 7A and 7B) to the lateral absorbent sections (176, Figs. 7A and 7B) for collection of fluids from the incision (Col. 51 lines 8-42).
Regarding Claim 3, Chen discloses the first and second lateral absorbent sections (176, Figs. 7A and 7B) comprise absorbent cellulose fiber materials configured to absorb and contain fluids (Col. 18 lines 19-30).
Regarding Claim 8, Chen discloses the center section (184, Figs. 7A and 7B) has a thickness and the first and second lateral absorbent sections (176, Figs. 7A and 7B) each have a thickness that is less than the thickness of the center section (184, Figs. 7A and 7B; Col. 7 line 64 – Col. 8 line 5, Col. 14 lines 7-19).
Regarding Claim 9, Chen discloses when the dressing (170, Figs. 7A and 7B) is applied to an incision, the dressing (170, Figs. 7A and 7B) is applied over the incision so that the center section (184, Figs. 7A and 7B) is aligned with and overlies the incision so that fluidic exudate from the incision passes through the center section (184, Figs. 7A and 7B) and is absorbed into and collected by the first and second absorbent lateral sections (176, Figs. 7A and 7B; Col. 51 lines 8-42).
Regarding Claim 10, Chen discloses the center section (184, Figs. 7A and 7B) and the first and second absorbent lateral sections (176, Figs. 7A and 7B) each have a length and the length of the center section (184, Figs. 7A and 7B) and the first and second absorbent lateral sections (176, Figs. 7A and 7B) is the same (Col. 21 lines 19-36; Fig. 9; when the absorbent core is rectangular the center will have the same length as the first and second lateral sections.
Regarding Claim 11, Chen discloses an incision dressing (170, Figs. 7A and 7B; Col. 10 line 63 – Col. 11 line 3 indicates the invention can be utilized as a wound dressing), comprising:
a liquid permeable center section (central absorbent member 184, Figs. 7A, 7B, and 9) having a peripheral edge (as seen in Figs. 7A, 7B, and 9);
an absorbent section (outer absorbent member 176, Figs. 7A, 7B, and 9) terminating at, abutting and surrounding the peripheral edge of the liquid permeable center section (184, Figs. 7A, 7B, and 9); and
a wound contact material (topsheet 172, Figs. 7A, 7B, and 9) adhered to lowermost surfaces of the liquid permeable center section (184, Figs. 7A, 7B, and 9) and the absorbent section (176, Figs. 7A, 7B, and 9; Col. 10 line 63 – Col. 11 line 3, Col. 51 lines 8-42; when used as a wound dressing, the topsheet would serve as a wound contact layer and the dressing would be placed “upside down” as compared to the figures);
wherein when the incision dressing (170, Figs. 7A, 7B, and 9) is in use on an incision the liquid permeable center section (184, Figs. 7A, 7B, and 9) provides a flow path of fluid from the incision and the absorbent section (176, Figs. 7A, 7B, and 9) absorbs fluid from the liquid permeable center section (184, Figs. 7A, 7B, and 9) and draws fluid to flow from the incision and flow to and through the liquid permeable center section (184, Figs. 7A, 7B, and 9) to the absorbent section (176, Figs. 7A, 7B, and 9) for collection of fluids from the incision (Col. 51 lines 8-42).
Regarding Claim 12, Chen discloses the liquid permeable center section (184, Figs. 7A, 7B, and 9) is circular and the absorbent section (176, Figs. 7A, 7B, and 9) is ring-shaped (Col. 21 lines 19-36, Fig. 9).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (US 6673982) in view of Olson (US 2013/0218110).
Regarding Claim 2, Chen is silent whether the liquid permeable center section comprises a hydrophobic, porous, and fluid permeable foam material.
Olson teaches a wound dressing, thus being in the same field of endeavor, with a center layer (manifold 220, Figs. 1-2) made of a hydrophobic, porous, and fluid permeable foam material (¶ [0044]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the liquid permeable center section of Chen to be made of a hydrophobic, porous, and fluid permeable foam material, as taught by Olson (¶ [0044]). The use of a hydrophobic foam at the center of the dressing reduces the risk of maceration of the wound by reducing the moisture in direct contact with the wound, as the fluid will tend to flow from the hydrophobic material to the absorbent material and away from the wound.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (US 6673982) in view of McClure (US 2012/0071807).
Regarding Claim 4, Chen is silent whether the wound contact material comprises a polyethylene fiber mesh.
McClure teaches a wound dressing, thus being in the same field of endeavor, with a wound contact layer made of a silicone-coated polyethylene fiber mesh (¶ [0011]) to help reduce the appearance of scars as the wound heals (¶ [0011]).
Therefore, it would have been obvious to modify the wound contact layer of Chen to be a silicone-coated polyethylene fiber mesh, as taught by McClure, to help reduce the appearance of scars as the wound heals (as motivated by McClure ¶ [0011]).
Claim(s) 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (US 6673982) in view of Gundersen et al (US 2009/0270827).
Regarding Claims 5-7, Chen is silent whether the dressing further comprises an adhesive film secured over the center section and the first and second lateral absorbent sections, wherein the adhesive film comprises a polyurethane film, and wherein the adhesive film has exposed adhesive surfaces surrounding the center section and the first and second lateral absorbent sections and the dressing further includes release liners secured to a bottom of the dressing by contact of upper surfaces of the release liners with the exposed adhesive surfaces of the adhesive film.
Gundersen teaches a wound dressing, thus being in the same field of endeavor, that comprises an adhesive film (backing layer 1, Figs. 1-2; ¶ [0039]) secured over the center section and the first and second lateral absorbent sections (foam pads 2, Figs. 1-2), wherein the adhesive film comprises a polyurethane film (¶ [0037]), and wherein the adhesive film has exposed adhesive surfaces surrounding the center section and the first and second lateral absorbent sections (foam pads 2, Figs. 1-2; ¶ [0039]). This adhesive flange allows the dressing to adhere to the healthy skin surrounding a patient’s wound without the need for an additional adhesive item.
Therefore, it would have been obvious to modify the wound dressing of Chen to include an adhesive film secured over the center section and the first and second lateral absorbent sections, wherein the adhesive film comprises a polyurethane film, and wherein the adhesive film has exposed adhesive surfaces surrounding the center section and the first and second lateral absorbent sections, as taught by Gundersen. This adhesive flange allows the dressing to adhere to the healthy skin surrounding a patient’s wound without the need for an additional adhesive item.
Chen further discloses the use of release strips to cover adhesive areas on the backsheet (Col. 29 lines 21-5), and therefore one of ordinary skill in the art would have found it obvious to have the dressing of Chen/Gundersen to have the dressing include release liners secured to a bottom of the dressing by contact of upper surfaces of the release liners with the exposed adhesive surfaces of the adhesive film, to protect the adhesive layer of Chen/Gundersen until the user is ready to adhere the dressing to skin.
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 Jessica Arble whose telephone number is (571)272-0544. The examiner can normally be reached Mon - Fri 9 AM - 5 PM.
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/JESSICA ARBLE/ Primary Examiner, Art Unit 3781