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 .
Restriction/Election
Applicant’s election without traverse of Species I, Figures 1-8B of claims 1-21 and 23-24 in the reply filed on 06/23/2025 is acknowledged.
Claim 22 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species/subspecies, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/23/2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “second release film” in claim 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-13 and 25 are 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.
Regarding claims 9 and 11, it is unclear if the limitation of a “fixation member” and “a third fastener portion” are a double inclusion of the same structure or different structures. For examination purposes, it appears that “fixation member” and “third fastener portion” are intended as the same structure so rephrase “a third fastener portion” in claim 9 and –the third fastener portion—in claim 11 to read –the fixation member--.
Regarding claim 25, it is unclear how there is a “fixation member adjacent a first edge for fixing to an external environment surface” and then
Claims 10 and 12-13 are rejected for depending on an indefinite claim.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 9-10, 12-21 and 23, as best understood given by the 35 USC 112(B) above, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reyes (U.S. Patent Pub. No. 20050279366; [with MPEP 2131.01(I-III) extrinsic evidence by Fenwick (US Patent Pub. No 20050061330)]).
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.
Regarding claim 2, Reyes (as evidenced by Fenwick) discloses the invention as described above and 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, Reyes (as evidenced by Fenwick) discloses the invention as described above and 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 4, Reyes (as evidenced by Fenwick) discloses the invention as described above and further discloses 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).
Regarding claim 5, Reyes (as evidenced by Fenwick) discloses the invention as described above and 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 6, Reyes (as evidenced by Fenwick) discloses the invention as described above and further discloses 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 26 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.
Regarding claim 9, 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); a fixation member 29 (Paragraph 28 and Figure 2, first longitudinal edge adjacent to adhesive 29 of first side panel 22) extending adjacent one (Figure 2, first longitudinal edge adjacent to fixation member 29 [edge that the X is pointing at in Figure 2]) of the opposite edges, the fixation member 29 including a self-adhesive 29 for fixation to a surgical drape (Paragraph 28, fastener adhesive 29 allowing tube drape 10 be adhesively attached to an external drape); and at least one closure member 28 (Paragraph 29, corresponding hook-loop fasteners 26,28 disposed in at least two positions within receptacle space 20, wherein at least fastener 28 is adjacent opposite longitudinal edge 50) adjacent the other 50 of the opposite edges, the at least one closure member 26,28 including a first fastener portion 26 fixed to said flexible wall 22,24 and a second fastener portion 28 releasably attached to said first fastener portion 26, said second fastener portion 28 having the fixation member 29 facing away from said first fastener portion 26 for fixation to the surgical drape.
Regarding claim 10, Reyes (as evidenced by Fenwick) discloses the invention as described above and further discloses wherein the first fastener portion 26 is one of a hook portion (Paragraphs 28 and 30) or a loop portion (Paragraphs 28 and 30), the second fastener portion 28 is the other of the hook portion (Paragraphs 28 and 30) or the loop portion (Paragraphs 28 and 30).
Regarding claim 12, Reyes (as evidenced by Fenwick) discloses the invention as described above and further discloses 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.
Regarding claim 13, Reyes (as evidenced by Fenwick) discloses the invention as described above and further discloses said flexible wall 22,24 is sterile (Paragraph 35 and claim 18, gamma sterilizable material of panels 22,24).
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).
Regarding claim 15, Reyes (as evidenced by Fenwick) discloses the invention as described above and further discloses 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 cavity20 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.
Regarding claim 16, Reyes (as evidenced by Fenwick) discloses the invention as described above and 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, Reyes (as evidenced by Fenwick) discloses the invention as described above and 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, Reyes (as evidenced by Fenwick) discloses the invention as described above and 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, Reyes (as evidenced by Fenwick) discloses the invention as described above and 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 21, Reyes (as evidenced by Fenwick) discloses the invention as described above and further discloses wherein said at least one surgical tube and/or cord containment drape 10 includes 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 an outer surface of said flexible wall 22,24.
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.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Reyes (U.S. Patent Pub. No. 20050279366; as evidenced by Fenwick (US Patent Pub. No 20050061330)), as applied to claim 6, in view of Wooley et al. (U.S. Patent Pub. No. 20060260622).
Regarding claim 7, Reyes (as evidenced by Fenwick) discloses the invention as described above and further discloses 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. 20050279366; 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 7, 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).
Claim 11, as best understood given by the 35 USC 112(B) above, is rejected under 35 U.S.C. 103 as being unpatentable over Reyes (U.S. Patent Pub. No. 20050279366; as evidenced by Fenwick (US Patent Pub. No 20050061330)), as applied to claim 9, in view of Rothrum (U.S. Patent No. 5765566 ).
Regarding claim 11, Reyes (as evidenced by Fenwick) discloses the invention as described above and further discloses wherein the third fastener portion 29 is a self-adhesive (Paragraph 28, fastener 29 formed with adhesive 29 allowing tube drape 10 be adhesively attached to an external drape and releasable liner), and further including a release film (Paragraph 28, releasable liner) covering the self-adhesive of the fixation member 29, with the first release film being selectively removable to expose the self-adhesive of the fixation member 29 for fixation to the surgical drape.
However Reyes (as evidenced by Fenwick) fails to explicitly disclose a second release film covering the self- adhesive of the fixation member and the second release film being selectively removable to expose the self-adhesive of the fixation member for fixation to the surgical drape.
Rothrum teaches an analogous drape (Col.2, lines 6-7 and Col. 8, lines 52-67, Col. 9, lines 13-20 and Figure 2a, drape 1 with fixation tape 10 having first liner 74a and second liner 74b to expose adhesive tape 10 for attachment to an underlying external drape) with an analogous fixation member 10 comprising an analogous first release film 74a and a second release film 74b covering the analogous self- adhesive of the analogous fixation member 29 and the second release film 74b being selectively removable to expose the analogous self-adhesive of the analogous fixation member 29 for fixation to the analogous surgical drape.
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 release film of the fixation member of Reyes (as evidenced by Fenwick), so that there is a first and second release film covering the self- adhesive of the fixation member and the second release film being selectively removable to expose the self-adhesive of the fixation member for fixation to the surgical drape, as taught by Rothrum, in order to provide an improved disposable surgical tube containment drape with an enhanced release film that is two separate pieces separated by a slit for desirable peeling of one of the films to expose a portion of the adhesive and then peeling the second release film to expose the entire adhesive of the fixation member for desirable adhesive fastening (Rothrum, Col.2, lines 6-7 and Col. 8, lines 52-67, Col. 9, lines 13-20).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Reyes (U.S. Patent Pub. No. 20050279366) in view of Hasson (U.S. Patent No. 3698395) and in further view of Griesbach et al. (U.S. Patent No. 6314959).
Regarding claim 24, Reyes 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 shielding 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 wall22,24 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); fixing a fixation member29 (Paragraph 28 and Figure 2, first longitudinal edge adjacent to adhesive 29 of first side panel 22) extending adjacent one (Figure 2, first longitudinal edge adjacent to fixation member 29 [edge that the X is pointing at in Figure 2]) of the opposite edges, the fixation member 29 including a self-adhesive for fixation to an external environment surface (Paragraph 28, fastener 29 allowing tube drape 10 be attached to an external drape).
However, Reyes fails to explicitly disclose (1) fixing a first fastener portion to the other of the opposite edges in spaced relation from the fixation member; releasably attaching a second fastener portion to the first fastener portion; (2) the second fastener portion being provided having a self-adhesive facing away from the first fastener portion for fixation to the external environment surface.
Hassan teaches an analogous drape 102,104 (Col. 4, lines 50-65 and Figure 9, drape strips 102,104 are adhesively fixed on one edge side to external drape section 94 via adhesive 104. On the opposite edge are fixed to external drape section 92 via corresponding hook and loop 102,98 between external drape section 92 and drape strip 102,104 ) fixed to an analogous external environment surface 92,94 via an analogous fixation member [104 adhesively fixed to 92] (Figure 9, fixation member comprising adhesive 104 of drape strip 102,104 at one edge on drape section 94) on an analogous one of the similar opposite edges with fixing a first fastener portion [102 hook-loop fastened to 98 of 94] (Figure 9, the opposite edge are fixed to external drape section 92 via corresponding hook and loop 102,98 between external drape section 92 and drape strip 102,104) to the analogous other of the similar opposite edges in spaced relation from the analogous fixation member; releasably attaching a second fastener portion 98 to the first fastener portion [102 hook-loop fastened to 98 of 94].
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 other of the opposite edges from the fixation member attached to the external surface of Reyes, so that there is also fixing a first fastener portion to the other of the opposite edges in spaced relation from the fixation member; releasably attaching a second fastener portion to the first fastener portion, as taught by Hassan, in order to provide an improved disposable surgical tube containment drape with an enhanced connection between the drape and the external surface such that the fixation member continues to adhere to the external surface on one edge, while also the opposite edge hook-loop fastens to the external surface for desirable and secure fastening (Hassan, Col. 4, lines 50-65), with the one edge acting as a fixed adhered side while the releasable hook-loop opposite edge allows adjustable pivoting.
However, the combination of Reyes in view of Hassan fails to explicitly disclose (2) the second fastener portion being provided having a self-adhesive facing away from the first fastener portion for fixation to the external environment surface.
Griesbach teaches an analogous disposable (Col. 1, line 20) surgical tube and/or cord containment drape (Col. 10, lines 32-44, Col. 12, lines 23-38 and Figure 4-5, drape 70 for shielding surgical tubes 60) with an analogous first fastener portion 76 (Col. 10, lines 32-44, Col. 12, lines 23-38 and Figure 4-5, hook fastening strips 76 are attached to base sheet 72 via aqueous adhesive that faces away from hook-loop surface 76 that fastens with second hook-loop fastener portion 80) being provided having a self-adhesive (Col. 12, lines 23-38) facing away from the analogous first fastener portion 76 for fixation to the analogous external environment surface 72.
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 a bottom surface of the hook-loop second fastener portion of the external environment surface (hook-loop tab on external drape for attaching to hook-loop tab on outer external surface at other opposite edge of first panel in Reyes in view of Hassan) of Reyes in view of Hassan, so that the second fastener portion being provided having a self-adhesive facing away from the first fastener portion for fixation to the external environment surface, as taught by Griesbach, in order to provide an improved disposable surgical tube containment drape with an enhanced connection between the second fastener portion of the external drape such that the second fastener portion has a bottom surface to adhesively attach to the external drape with an upper surface having the hook-loop releasable fastener for desirable securing of the hook-loop strips themselves on the external drape (Griesbach, Col. 10, lines 32-44, Col. 12, lines 23-38).
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dine (US 20190038372 A1) teaches a drape
Conclusion
13. 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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/MICHAEL MILO/
Art Unit 3786
/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786