Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed 05/27/2026 has been entered. Currently, claims 1-3, 5, 8-14, 16-20, and 22-24 remain pending in the application. Independent claims 1, 14, and 23 were amended by Applicant without the addition of new matter. Additionally, claims 4, 6-7, and 15 have been cancelled, but the subject matter has been introduced into claims 1, 14, and 23, respectively, ultimately changing the scope of claims 1, 14, and 23. Additionally, claims 9-13, 22, and 24 have been withdrawn, ultimately overcoming previous 35 USC 112(B) rejections and drawing objections set forth in the Non-Final Office Action mailed 01/27/2026.
Response to Arguments
Applicant's arguments filed 05/27/2026 have been fully considered but they are not persuasive. Applicant’s amendment to claim 1, 14, and 23 of inserting the subject matter of cancelled claims 4, 6-7, and 15, has overcome the previous 35 USC 102 rejections. However, amended claim 1, 14, and 23 is now rejected under 35 USC 103 based on the previous 35 USC 103 rejection for the original claim 4, 6-7, and 15. The new rejection written below maintains the current prior art references: Reyes (U.S. Patent Pub. No. 20110174318 ; as evidenced by Fenwick (US Patent Pub. No 20050061330)); Wooley et al. (U.S. Patent Pub. No. 20060260622); and Thompson (U.S. Patent No. 5010899).
Applicant makes the argument that in “in Wooley the cuff pocket 41 is provided on a lower side of the drape to fit over a portion of an operating room table mattress (Paragraphs 60-63). In contrast, Applicant’s claimed pocket is on an opposite second side of the drape from a first side configured to be fixed to an external environment surface. As such, no motivation for modifying Reyes with Wooley” (Remarks, Page 12, Paragraph 1).
In response to Applicant’s argument (Remarks, Page 12, Paragraph 1), Reyes already discloses (Paragraph 23-28, 35, and Figures 2, 5, disposable flexible drape 10 for tubing/lining 60 folded along longitudinal edge 32 to form first side panel 22, having interior hook-loop fasteners 26 and exterior adhesive 29, as well as a second side panel 24, having corresponding interior hook-loop fasteners 28 in folded state. Second side panel 24 is also folded along opposite edge 50 to form a pocket 30 ; Paragraph 28, fastener 29 allowing tube drape 10 be attached to an external drape) the claimed pocket is on an opposite second side of the drape from a first side configured to be fixed to an external environment surface. Wooley is then applied to Reyes only to teach (Paragraphs 19-20, 61, and Figures 1-4, drape 10 with first panels 20 and second panel 21 forming receptacle space 22 therebetween as well as panel 41 and second panel 21 to form pocket space 45 therebetween. The pocket 45 has both longitudinal closed edges 15, as well as one transverse periphery closed end 46 facing the transverse end 16 of the second panel 21 and one transverse periphery open end 44 facing the opposite transverse end 16 of the second panel) distances of the pocket between the ends. This provides the advantages of an enhanced pocket and second side that form the pocket therebetween with the longitudinal sides of the pocket sealed as well as one of said opposite ends is sealed while the other opposite end is open to receive medical equipment therein for desirable storage during operation (Wooley, Paragraph 61).
4. Overall, Examiner notes that Applicant may amend the claims to potentially overcome the current and new prior art of record by reciting positive limitations such as the exact locations of the fasteners, the fasteners longitudinal axis orientation, the longitudinal size of the pocket, and/or the exact folding technique steps. Furthermore, any negative limitation such as –not—or –without— to potentially teach away from Reyes or Wooley; and transitional phrases such as –consisting—in the preamble/body that would prevent combinations of the prior art.
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.
Claims 1-3, 5, 14, 16-20, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Reyes (U.S. Patent Pub. No. 20110174318 ; [with MPEP 2131.01(I-III) extrinsic evidence by Fenwick (US Patent Pub. No 20050061330)]) in view of Wooley et al. (U.S. Patent Pub. No. 20060260622).
Regarding claim 1, Reyes (as evidenced by Fenwick) discloses a disposable surgical tube and/or cord containment drape 10 (Paragraph 23-28, 35, and Figures 2, 5, disposable flexible drape 10 for tubing/lining 60 folded along longitudinal edge 32 to form first side panel 22, having interior hook-loop fasteners 26 and exterior adhesive 29, as well as a second side panel 24, having corresponding interior hook-loop fasteners 28 in folded state. Second side panel 24 is also folded along opposite edge 50 to form a pocket 30) for shielding at least one tube 60 and/or cord 60 against contamination, and optionally, for bundling a plurality of the tube 60 and/or cord 60 with one another, comprising: a flexible wall 22,24 having opposite edges (Figure 2, first longitudinal edge adjacent to adhesive 29 of first side panel 22 and second opposite longitudinal edge 50 of second side panel 24) extending lengthwise between opposite ends (Paragraphs 26 and Figures 2 and 4-5, transverse extending opposite end edges of first and second panels 22,24 form seal 23 that extends only partially from adjacent the bottom point 21 to a location along the first and second panels to collect fluid. Thereby, tubes/cords 60 are also capable of being inserted into the first receptacle space 20 formed between the first and second panels 22,24 above the seal 23 while the partial sealed 23 space 20 between the first and second panels 22,24 continues to collect fluid as intended; see evidentiary reference Fenwick, Paragraph 3, 17-19, 21-23, and Figures 2, 5 showing tubing/lining 42 drape 10 with longitudinal edge 32 to form first side panel 22, having interior hook-loop fasteners 36 and exterior adhesive 44, as well as a second side panel 20, having corresponding interior hook-loop fasteners 36 in folded state. Wherein the transverse opposite ends 34 are similarly a partially sealed length L for allowing tubes 40 between first and second panel 22,20 above seal L as well fluid collection within seal L, thus evincing that Reyes’ receptacle space 20 is also capable to receive Reyes’ tubes 60 above Reyes’ seal 23), with said flexible wall 22,24 having an open state (unfolded and unfastened state of Figure 2) and a closed state (folded and fastened state of Figure 2), wherein while the flexible wall 22,24 is in the open state, one (Figure 2, first longitudinal edge adjacent to adhesive 29 [edge that the X is pointing at in Figure 2]) of said opposite edges is configured to be folded (Figure 2, first longitudinal edge adjacent to adhesive 29 of first side panel 22 and second opposite longitudinal edge 50 of second side panel 24 are folded towards each other forming fold line 21 with receptacle space 20 therebetween) about the at least one tube and/or cord 60 (Paragraph 26, Reyes’ receptacle space 20 between first and second panel 22,24 is also capable/configurable to receive Reyes’ tubes 60 as evinced by Fenwick) toward the other 50 of said opposite sides to bring said flexible wall 22,24 to the closed state to contain and shield the at least one tube 60 and/or cord 60 in an inner cavity 20 bounded by an inner surface (Figure 2, inner surface of panels 22,24 facing one another in folded state) of said flexible wall 22,24; and at least one closure member 26,28 fixed to said flexible wall 22,24, said at least one closure member 26,28 being configured to releasably fix said flexible wall 22,24 in the closed state; at least one fixation member 29 fixed to an outer surface (Figure 2, outer surface of panel 22) of said flexible wall 22,24, wherein said at least one fixation member 29 is configured to fix said flexible wall 22,24 against movement relative to an external environment surface (Paragraph 28, fastener 29 allowing tube drape 10 be attached to an external drape); a pocket 30 (Paragraph 28, receptable pocket 30 formed panels 32,34 wherein panel 32 extends along outer surface of panel 24 in a folded state of the panel 32 with the panel 24 forming fold line 50) extending along said outer surface of said flexible wall 22,24, said at least one fixation member 29 being fixed to a first side 22 of said flexible wall 22,24, and said pocket 30 extending along a second side 24 of said flexible wall 22,24, said second side 24 being opposite said first side 22; wherein said pocket 30 extends from an open end (Paragraph 27 and Figures 4-5, panels 32,34 forming pocket 30 has transverse extending opposite peripheral end edges wherein at least one of the peripheral edges are not sealed and open).
Although Reyes (as evidenced by Fenwick) discloses (Paragraphs 40 and 46) modification and variations of the number of panels and seals of pockets as being within scope, Reyes (as evidenced by Fenwick) fails to explicitly disclose wherein said pocket extends from an open end facing a first one of said opposite ends to a closed end facing a second one of said opposite ends.
Wooley teaches an analogous drape 10 (Paragraphs 19-20, 61, and Figures 1-4, drape 10 with first panels 20 and second panel 21 forming receptacle space 22 therebetween as well as panel 41 and second panel 21 to form pocket space 45 therebetween. The pocket 45 has both longitudinal closed edges 15, as well as one transverse periphery closed end 46 facing the transverse end 16 of the second panel 21 and one transverse periphery open end 44 facing the opposite transverse end 16 of the second panel) wherein said pocket 45 extends from an open end 44 facing a first one 16 of said opposite ends 16, 16 to a closed end 46 facing a second one 16 of said opposite ends 16, 16.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the second side and sealing of the pocket of Reyes (as evidenced by Fenwick), so that said pocket extends from an open end facing a first one of said opposite ends to a closed end facing a second one of said opposite ends of the second side, as taught by Wooley, in order to provide an improved disposable surgical tube containment drape with an enhanced pocket and second side that form the pocket therebetween with the longitudinal sides of the pocket sealed as well as one of said opposite ends is sealed while the other opposite end is open to receive medical equipment therein for desirable storage during operation (Wooley, Paragraph 61).
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Regarding claim 2, the combination of Reyes (as evidenced by Fenwick) in view of Wooley discloses the invention as described above. Reyes further discloses wherein said at least one closure member 26,28 (Paragraph 29, corresponding hook-loop fasteners 26,28 disposed in at least two positions within receptacle space 20) includes a first fastener portion 26 and a second portion 28, said first fastener portion 26 being configured for releasably fixed attachment to said second fastener portion 26.
Regarding claim 3, the combination of Reyes (as evidenced by Fenwick) in view of Wooley discloses the invention as described above. Reyes further discloses wherein said first fastener portion 26 is a hook portion (Paragraphs 28 and 30) fixed adjacent one (Figure 2, first longitudinal edge adjacent to adhesive 29 [edge that the X is pointing at in Figure 2]) of said opposite edges and said second fastener portion 28 is a loop portion is fixed adjacent the other 50 of said opposite edges.
Regarding claim 5, the combination of Reyes (as evidenced by Fenwick) in view of Wooley discloses the invention as described above. Reyes further discloses wherein said at least one fixation member 29 includes a self-adhesive (Paragraph 28, adhesive) and a release film (Paragraph 28, releasable liner) releasably covering said self-adhesive.
Regarding claim 14, Reyes (as evidenced by Fenwick) discloses a medical drape (Paragraph 28, fastener fixation member 29 allowing tube drape 10 be attached to an external drape via corresponding hook and loop), comprising: a drape layer; and at least one surgical tube and/or cord containment drape 10 (Paragraph 23-28, 35, and Figures 2, 5, disposable flexible drape 10 for tubing/lining 60 folded along longitudinal edge 32 to form first side panel 22, having interior hook-loop fasteners 26 and exterior fixation member 29, as well as a second side panel 24, having corresponding interior hook-loop fasteners 28 in folded state. Second side panel 24 is also folded along opposite edge 50 to form a pocket 30) fixed (fixed via fixation member 29) to said drape layer, said at least one surgical tube and/or cord containment drape 10 configured to shield at least one tube and/or cord against contamination (Paragraphs 26 and Figures 2 and 4-5, transverse extending opposite end edges of first and second panels 22,24 form seal 23 that extends only partially from adjacent the bottom point 21 to a location along the first and second panels to collect fluid. Thereby, tubes/cords 60 are also capable of being inserted into the first receptacle space 20 formed between the first and second panels 22,24 above the seal 23 while the partial sealed 23 space 20 between the first and second panels 22,24 continues to collect fluid as intended; see evidentiary reference Fenwick, Paragraph 3, 17-19, 21-23, and Figures 2, 5 showing tubing/lining 42 drape 10 with longitudinal edge 32 to form first side panel 22, having interior hook-loop fasteners 36 and exterior adhesive 44, as well as a second side panel 20, having corresponding interior hook-loop fasteners 36 in folded state. Wherein the transverse opposite ends 34 are similarly a partially sealed length L for allowing tubes 40 between first and second panel 22,20 above seal L as well fluid collection within seal L, thus evincing that Reyes’ receptacle space 20 is also capable to receive Reyes’ tubes 60 above Reyes’ seal 23); wherein the at least one surgical tube and/or cord containment drape 10 includes a flexible wall 22,24 having opposite edges (Figure 2, first longitudinal edge adjacent to fixation member 29 of first side panel 22 and second opposite longitudinal edge 50 of second side panel 24) extending lengthwise between opposite ends (Paragraphs 26 and Figures 2 and 4-5, transverse extending opposite end edges of first and second panels 22,24 form seal 23 that extends only partially from adjacent the bottom point 21 to a location along the first and second panels to collect fluid. Thereby, tubes/cords 60 are also capable of being inserted into the first receptacle space 20 formed between the first and second panels 22,24 above the seal 23 while the partial sealed 23 space 20 between the first and second panels 22,24 continues to collect fluid as intended; see evidentiary reference Fenwick, Paragraph 3, 17-19, 21-23, and Figures 2, 5 showing tubing/lining 42 drape 10 with longitudinal edge 32 to form first side panel 22, having interior hook-loop fasteners 36 and exterior adhesive 44, as well as a second side panel 20, having corresponding interior hook-loop fasteners 36 in folded state. Wherein the transverse opposite ends 34 are similarly a partially sealed length L for allowing tubes 40 between first and second panel 22,20 above seal L as well fluid collection within seal L, thus evincing that Reyes’ receptacle space 20 is also capable to receive Reyes’ tubes 60 above Reyes’ seal 23), with said flexible wall 22,24 having an open state (unfolded and unfastened state of Figure 2) and a closed state (folded and fastened state of Figure 2), wherein while said flexible wall 22,24 is in the open state, a first 50 of said opposite edges is attached to said drape layer, and a second (Figure 2, first longitudinal edge adjacent to fixation member 29 [edge that the X is pointing at in Figure 2]) of said opposite edges is configured to be folded over the at least one tube 60 and/or cord 60 into releasably attached relation to said drape layer to bring said flexible wall 22,24 to the closed state to contain and shield the at least one tube 60 and/or cord 60 in an inner cavity 20 bounded, at least in part, by an inner surface (Figure 2, inner surface of panels 22,24 facing one another in folded state) of said flexible wall 22,24; a pocket 30 (Paragraph 28, receptable pocket 30 formed panels 32,34 wherein panel 32 extends along outer surface of panel 24 in a folded state of the panel 32 with the panel 24 forming fold line 50) extending along said outer surface of said flexible wall 22,24 facing away from the drape layer, wherein said pocket 30 extending along a second side 24 of said flexible wall 22,24, said second side 24 being opposite said first side 22; wherein said pocket 30 extends from an open end (Paragraph 27 and Figures 4-5, panels 32,34 forming pocket 30 has transverse extending opposite peripheral end edges wherein at least one of the peripheral edges are not sealed and open).
Although Reyes (as evidenced by Fenwick) discloses (Paragraphs 40 and 46) modification and variations of the number of panels and seals of pockets as being within scope, Reyes (as evidenced by Fenwick) fails to explicitly disclose wherein said pocket extends from an open end facing a first one of said opposite ends to a closed end facing a second one of said opposite ends.
Wooley teaches an analogous drape 10 (Paragraphs 19-20, 61, and Figures 1-4, drape 10 with first panels 20 and second panel 21 forming receptacle space 22 therebetween as well as panel 41 and second panel 21 to form pocket space 45 therebetween. The pocket 45 has both longitudinal closed edges 15, as well as one transverse periphery closed end 46 facing the transverse end 16 of the second panel 21 and one transverse periphery open end 44 facing the opposite transverse end 16 of the second panel) wherein said pocket 45 extends from an open end 44 facing a first one 16 of said opposite ends 16, 16 to a closed end 46 facing a second one 16 of said opposite ends 16, 16.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the second side and sealing of the pocket of Reyes (as evidenced by Fenwick), so that said pocket extends from an open end facing a first one of said opposite ends to a closed end facing a second one of said opposite ends of the second side, as taught by Wooley, in order to provide an improved disposable surgical tube containment drape with an enhanced pocket and second side that form the pocket therebetween with the longitudinal sides of the pocket sealed as well as one of said opposite ends is sealed while the other opposite end is open to receive medical equipment therein for desirable storage during operation (Wooley, Paragraph 61).
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Regarding claim 16, the combination of Reyes (as evidenced by Fenwick) in view of Wooley discloses the invention as described above. Reyes further discloses wherein said inner cavity 20 is bounded along a first side (Paragraphs 26 and Figures 2 and 4-5) by said inner surface of said flexible wall 22,24, and said inner cavity 20 is bounded along (Figure 2, inner cavity 20 bounded along a second side by external drape layer in as much as that of Applicant’s inner cavity) a second side by said drape layer.
Regarding claim 17, the combination of Reyes (as evidenced by Fenwick) in view of Wooley discloses the invention as described above. Reyes further discloses a first fastener portion 29 (Paragraph 28, hook-loop fixed to external surface of panel 22 to fasten to corresponding hook-loop of external drape layer) fixed to said flexible wall 22,24 adjacent said second (Figure 2, first longitudinal edge adjacent to fixation member 29 [edge that the X is pointing at in Figure 2]) of said opposite edges and a second fastener portion (Paragraph 28, corresponding hook and loop of external drape to fasten with hook-loop 29) fixed to said drape layer, said first fastener portion 29 being configured for releasable attachment to said second fastener portion.
Regarding claim 18, the combination of Reyes (as evidenced by Fenwick) in view of Wooley discloses the invention as described above. Reyes further discloses wherein said first fastener portion 29 is one of a hook portion (Paragraph 28) or a loop portion (Paragraph 28) and said second fastener portion is the other of the hook portion (Paragraph 28) or the loop portion (Paragraph 28).
Regarding claim 19, the combination of Reyes (as evidenced by Fenwick) in view of Wooley discloses the invention as described above. Reyes further discloses wherein while the flexible wall 22,24 is in the open state, one (Figure 2, first longitudinal edge adjacent to fixation member 29 [edge that the X is pointing at in Figure 2]) of said opposite edges is configured to be folded (Figure 2, first longitudinal edge adjacent to adhesive 29 of first side panel 22 and second opposite longitudinal edge 50 of second side panel 24 are folded towards each other forming fold line 21 with receptacle space 20 therebetween) about (Reyes: Paragraphs 26 and Figures 2 and 4-5, and Fenwick, Paragraph 3, 17-19, 21-23, and Figures 2, 5, evincing that Reyes’ receptacle space 20 is also capable to receive Reyes’ tubes 60 above Reyes’ seal 23) the at least one tube 60 and/or cord 60 toward the other 50 of said opposite edges to bring said flexible wall 22,24 to the closed state to contain and shield the at least one tube 60 and/or cord 60 in an inner cavity 20 bounded entirely by an inner surface (Figure 2, inner surface of panels 22,24 facing one another in folded state) of said flexible wall 22,24.
Regarding claim 20, Reyes (as evidenced by Fenwick) discloses the invention as described above and further discloses at least one closure member 26,28 (Paragraph 29, corresponding hook-loop fasteners 26,28 disposed in at least two positions within receptacle space 20) including a first fastener portion 26 fixed adjacent one (Figure 2, first longitudinal edge adjacent to fixation member 29 [edge that the X is pointing at in Figure 2]) of said opposite edges and a second fastener portion 28 fixed adjacent the other of said opposite edges 50, said first fastener portion 26 being configured for releasably fixed attachment to said second fastener portion 28 to releasably fix said flexible wall 22,24 in the closed state.
Regarding claim 23, Reyes (as evidenced by Fenwick) discloses a method of constructing a disposable surgical tube and/or cord containment drape 10 (Paragraph 23-28, 35, and Figures 2, 5, disposable flexible drape 10 for tubing/lining 60 folded along longitudinal edge 32 to form first side panel 22, having interior hook-loop fasteners 26 and exterior adhesive 29, as well as a second side panel 24, having corresponding interior hook-loop fasteners 28 in folded state. Second side panel 24 is also folded along opposite edge 50 to form a pocket 30) for shielding at least one tube 60 and/or cord 60 against contamination, and optionally, for bundling a plurality of the tube 60 and/or cord 60 with one another, comprising: forming a flexible wall 22,24 having opposite edges (Figure 2, first longitudinal edge adjacent to adhesive 29 of first side panel 22 and second opposite longitudinal edge 50 of second side panel 24) extending lengthwise along an axis between opposite ends (Paragraphs 26 and Figures 2 and 4-5, transverse extending opposite end edges of first and second panels 22,24 form seal 23 that extends only partially from adjacent the bottom point 21 to a location along the first and second panels to collect fluid. Thereby, tubes/cords 60 are also capable of being inserted into the first receptacle space 20 formed between the first and second panels 22,24 above the seal 23 while the partial sealed 23 space 20 between the first and second panels 22,24 continues to collect fluid as intended; see evidentiary reference Fenwick, Paragraph 3, 17-19, 21-23, and Figures 2, 5 showing tubing/lining 42 drape 10 with longitudinal edge 32 to form first side panel 22, having interior hook-loop fasteners 36 and exterior adhesive 44, as well as a second side panel 20, having corresponding interior hook-loop fasteners 36 in folded state. Wherein the transverse opposite ends 34 are similarly a partially sealed length L for allowing tubes 40 between first and second panel 22,20 above seal L as well fluid collection within seal L, thus evincing that Reyes’ receptacle space 20 is also capable to receive Reyes’ tubes 60 above Reyes’ seal 23), with the flexible wall 22,24 being foldable (Figure 2, first longitudinal edge adjacent to adhesive 29 of first side panel 22 and second opposite longitudinal edge 50 of second side panel 24 are folded towards each other forming fold line 21 with receptacle space 20 therebetween)along the axis from an open state (unfolded and unfastened state of Figure 2) to a closed state (folded and fastened state of Figure 2) to bound an inner cavity 20 by an inner surface (Figure 2, inner surface of panels 22,24 facing one another in folded state) of the flexible wall 22,24, with the inner cavity 20 being sized(Reyes: Paragraphs 26 and Figures 2 and 4-5, and Fenwick, Paragraph 3, 17-19, 21-23, and Figures 2, 5, evincing that Reyes’ receptacle space 20 is also capable to receive Reyes’ tubes 60 above Reyes’ seal 23; Examiner notes that Applicant may overcome this 35 USC 102 evidentiary rejection of Reyes as evinced by Fenwick in this method claim by positively reciting the cord being wrapped in the inner cavity; however, such an amendment would then potentially be rejected under 35 USC 103 as given by Reyes in view of Fenwick) for receipt of the surgical tube 60 and/or cord therein 60; and fixing at least one closure member 26,28 to the flexible wall 22,24 and configuring the at least one closure member 26,28 to releasably fix the flexible wall 22,24 in the closed state; fixing at least one fixation member 29 to a first outer side (Figure 2, outer surface of panel 22) of said flexible wall 22,24, wherein said at least one fixation member 29 is configured to fix said flexible wall 22,24 against movement relative to an external environment surface (Paragraph 28, fastener 29 allowing tube drape 10 be attached to an external drape); providing a pocket 30 (Paragraph 28, receptable pocket 30 formed panels 32,34 wherein panel 32 extends along outer surface of panel 24 in a folded state of the panel 32 with the panel 24 forming fold line 50) extending along said outer surface of said flexible wall 22,24 facing away from the drape layer, wherein said pocket 30 extending along a second side 24 of said flexible wall 22,24, said second side 24 being opposite said first side 22; wherein said pocket 30 extends from an open end (Paragraph 27 and Figures 4-5, panels 32,34 forming pocket 30 has transverse extending opposite peripheral end edges wherein at least one of the peripheral edges are not sealed and open).
Although Reyes (as evidenced by Fenwick) discloses (Paragraphs 40 and 46) modification and variations of the number of panels and seals of pockets as being within scope, Reyes (as evidenced by Fenwick) fails to explicitly disclose wherein said pocket extends from an open end facing a first one of said opposite ends to a closed end facing a second one of said opposite ends.
Wooley teaches an analogous drape 10 (Paragraphs 19-20, 61, and Figures 1-4, drape 10 with first panels 20 and second panel 21 forming receptacle space 22 therebetween as well as panel 41 and second panel 21 to form pocket space 45 therebetween. The pocket 45 has both longitudinal closed edges 15, as well as one transverse periphery closed end 46 facing the transverse end 16 of the second panel 21 and one transverse periphery open end 44 facing the opposite transverse end 16 of the second panel) wherein said pocket 45 extends from an open end 44 facing a first one 16 of said opposite ends 16, 16 to a closed end 46 facing a second one 16 of said opposite ends 16, 16.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the second side and sealing of the pocket of Reyes (as evidenced by Fenwick), so that said pocket extends from an open end facing a first one of said opposite ends to a closed end facing a second one of said opposite ends of the second side, as taught by Wooley, in order to provide an improved disposable surgical tube containment drape with an enhanced pocket and second side that form the pocket therebetween with the longitudinal sides of the pocket sealed as well as one of said opposite ends is sealed while the other opposite end is open to receive medical equipment therein for desirable storage during operation (Wooley, Paragraph 61).
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Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Reyes (U.S. Patent Pub. No. 20110174318 ; as evidenced by Fenwick (US Patent Pub. No 20050061330)) in view of Wooley et al. (U.S. Patent Pub. No. 20060260622), as applied to claim 1, and in further view of Thompson (U.S. Patent No. 5010899).
Regarding claim 8, the combination of Reyes (as evidenced by Fenwick) in view of Wooley discloses the invention as described above and further discloses an inner surface of said pocket (Modification of Reyes in view of Wooley: inner space between second side panel 24 and pocket panel 32 of Reyes, as taught by pocket 45 between second side panel 21 and pocket panel 41 of Wooley).
However, the combination of Reyes (as evidenced by Fenwick) in view of Wooley fails to explicitly disclose an attachment member fixed to the inner surface of said pocket adjacent said open end, said attachment member being configured for attachment to a medical instrument apparatus.
Thompson teaches an analogous tubing drape (Col. 1, lines 10-12 and Col. 4, lines 20-28, drape 10 for holding tube and having pocket formed between inner surfaces 50 of panels 24 with an adhesive 54 for securing medical devices 26 adjacent an open end of the pocket) an attachment member 54 fixed to an analogous inner surface 50 of said analogous pocket adjacent said analogous open end, said attachment member 54 being configured for attachment to a medical instrument apparatus 26.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify an inner surface of the pocket of Reyes (as evidenced by Fenwick) in view of Wooley, so that there is an attachment member fixed to the inner surface of said pocket adjacent said open end, said attachment member being configured for attachment to a medical instrument apparatus, as taught by Thompson, in order to provide an improved disposable surgical tube containment drape with an enhanced inner surface of the pocket having adhesive for tightly securing medical instrument within the pocket so as to not fall out the open end of the pocket (Thompson, Col. 4, lines 20-28).
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.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached on +1(571) 270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786
Prosecution Insights