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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 6 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant’s specification does not appear to disclose an embodiment of the invention that has both a pad having a foot and a pair of couplers. From the specification, it appears that the pad will either have a foot connecting the pad to the elastomeric bandage, or the pad will have a pair of couplers connecting the pad to elastomeric bandage, but not both. As such, Claim 6 does not comply with the written description requirement.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cettina et al (US 2019/0099297).
Regarding Claim 1, Cettina discloses an elastomeric bandage device (10, Figs. 5 and 10A; ¶ [0077]) for covering a wound without restricting movement of a user (¶ [0039-0040, 0071]), said device (10, Figs. 5 and 10A) comprising:
an elastomeric bandage (backing layer 5, Figs. 5 and 10A; ¶ [0077]) being configured to be wrapped around a user’s body such that said elastomeric bandage (5, Figs. 5 and 10A) extends over a wound in the user’s body (see Fig. 10A), said elastomeric bandage (5, Figs. 5 and 10A) being stretchable (¶ [0039-0040, 0071, 0077]) wherein said elastomeric bandage (5, Figs. 5 and 10A) is configured to be secured on the user’s body (see Fig. 10A);
an adhesive layer (8, Figs. 5 and 10A) being applied to said elastomeric bandage (5, Figs. 5 and 10A) wherein said adhesive layer (8, Figs. 5 and 10A) is configured to adhere to the user’s body when said elastomeric bandage (5, Figs. 5 and 10A) is wrapped around the user’s body (¶ [0058, 0083]);
a protective sheet (release liner 7, Fig. 11; ¶ [0088]) being removably applied to said adhesive layer (8, Figs. 5 and 10A) such that said protective sheet (7, Fig. 11) inhibits said adhesive layer (8, Figs. 5 and 10A) from adhering to a surface (¶ [0088]); and
a pad (absorbent body 1, Figs. 5 and 10A) being attached to said elastomeric bandage (5, Figs. 5 and 10A) at a connection point (C, Figs. 5 and 10A; ¶ [0061]) such that said pad (1, Figs. 5 and 10A) is inhibited from being stretched (¶ [0039-0040, 0071]) when said elastomeric bandage (5, Figs. 5 and 10A) is stretched wherein said pad (1, Figs. 5 and 10A) is configured to remain positioned over the wound (see Fig. 10A) when said elastomeric bandage (5, Figs. 5 and 10A) is wrapped over the wound (see Fig. 10A), said pad (1, Figs. 5 and 10A) being comprised of a fluid absorbent material wherein said pad (1, Figs. 5 and 10A) is configured to absorb bodily fluids from the wound (¶ [0048]).
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.
Claim(s) 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cettina et al (US 2019/0099297) in view of Burton et al (US 2004/0133143).
Regarding Claim 2, Cettina further discloses said pad (1, Figs. 5 and 10A) has a primary surface (2, Figs. 5 and 10A; ¶ [0047]) and a secondary surface (3, Figs. 5 and 10A) and a coupled portion (portion of pad directly above adhesive C, Figs. 5 and 10A) extending between said primary surface (2, Figs. 5 and 10A) and said secondary surface (3, Figs. 5 and 10A), said pad (1, Figs. 5 and 10A) having a foot (adhesive C, Figs. 5 and 10A) extending away from said secondary surface (3, Figs. 5 and 10A), said foot (C, Figs. 5 and 10A) being oriented to extend along said coupled portion (portion of pad directly above adhesive C, Figs. 5 and 10A) such that said secondary surface (3, Figs. 5 and 10A) is spaced from said adhesive layer (8, Figs. 5 and 10).
Cettina is silent whether the pad’s coupled portion is a coupled end, and whether said foot abutting said adhesive layer on said elastomeric bandage.
Burton teaches a wound dressing, thus being in the same field of endeavor, with a pad (absorbent layer 330, Fig. 5) having a coupled end (area of pad that overlaps with adhesive layer 324, Fig. 5), said pad (330, Fig. 5) having a foot (portion of adhesive 324 that contacts pad 330, Fig. 5) extending away from said secondary surface (top surface of 330, Fig. 5), said foot (portion of adhesive 324 that contacts pad 330, Fig. 5) abutting said adhesive layer (portion of adhesive layer 324 not overlapped by pad 330, Fig. 5). This structure allows for volumetric expansion of the absorbent layer without the swelling issues that fully connecting the absorbent layer to the backing layer causes (¶ [0073]).
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 pad of Cettina to have the coupled portion be a coupled end, and where the foot abuts said adhesive layer on said elastomeric bandage, as taught by Burton (Fig. 5). This allows the absorbent to expand during absorption without causing swelling issues that are present when the absorbent layer is fully connected to the backing layer (as motivated by Burton ¶ [0073]).
Regarding Claim 4, Cettina/Burton is silent regarding a protective layer being applied to said secondary surface of said pad, said protective layer completely covering said secondary surface, said protective layer being comprised of a cohesive material such that said protective layer resists adhering to said adhesive layer.
Burton teaches a wound dressing with a protective layer (debonding agent 40, Fig. 1) being applied to said secondary surface (top of pad 30, Fig. 1) of said pad (30, Fig. 1), said protective layer (40, Fig. 1) completely covering said secondary surface (top of pad 30, Fig. 1), said protective layer (40, Fig. 1) being comprised of a cohesive material such that said protective layer (40, Fig. 1) resists adhering to said adhesive layer (24, Fig. 1; ¶ [0057-0059]). This allows for improved swelling of the dressing during use (¶ [0057-0059]).
Therefore, it would have been obvious to modify the pad of Cettina/Burton to include a protective layer being applied to said secondary surface of said pad, said protective layer completely covering said secondary surface, said protective layer being comprised of a cohesive material such that said protective layer resists adhering to said adhesive layer, as taught by Burton (Fig. 1). This allows for improved swelling of the dressing during use (as motivated by Burton ¶ [0057-0059]).
Claim(s) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cettina et al (US 2019/0099297) in view of Burton et al (US 2004/0133143) further in view of Reeves (US 2004/0226069).
Regarding Claim 3, Cettina/Burton is silent whether said pad has stitching extending through said primary surface and said foot and into said elastomeric bandage thereby defining the connection point.
Reeves teaches an absorbent article, thus being in the same field of endeavor, where an adhesive attachment between layers is reinforced by stitching (¶ [0079]) to ensure the attachment of the layers.
Therefore, it would have been obvious to modify the dressing of Cettina/Burton to include stitching extending through said primary surface and said foot and into said elastomeric bandage, thereby defining the connection point, to provide a reinforcement of the adhesive bonding between the layers in case of adhesive failure (as motivated by Reeves ¶ [0079]).
Regarding Claim 5, Cettina discloses an elastomeric bandage device (10, Figs. 5 and 10A; ¶ [0077]) for covering a wound without restricting movement of a user (¶ [0039-0040, 0071]), said device (10, Figs. 5 and 10A) comprising:
an elastomeric bandage (backing layer 5, Figs. 5 and 10A; ¶ [0077]) being configured to be wrapped around a user’s body such that said elastomeric bandage (5, Figs. 5 and 10A) extends over a wound in the user’s body (see Fig. 10A), said elastomeric bandage (5, Figs. 5 and 10A) being stretchable (¶ [0039-0040, 0071, 0077]) wherein said elastomeric bandage (5, Figs. 5 and 10A) is configured to be secured on the user’s body (see Fig. 10A);
an adhesive layer (8, Figs. 5 and 10A) being applied to said elastomeric bandage (5, Figs. 5 and 10A) wherein said adhesive layer (8, Figs. 5 and 10A) is configured to adhere to the user’s body when said elastomeric bandage (5, Figs. 5 and 10A) is wrapped around the user’s body (¶ [0058, 0083]);
a protective sheet (release liner 7, Fig. 11; ¶ [0088]) being removably applied to said adhesive layer (8, Figs. 5 and 10A) such that said protective sheet (7, Fig. 11) inhibits said adhesive layer (8, Figs. 5 and 10A) from adhering to a surface (¶ [0088]); and
a pad (absorbent body 1, Figs. 5 and 10A) being attached to said elastomeric bandage (5, Figs. 5 and 10A) at a connection point (C, Figs. 5 and 10A; ¶ [0061]) such that said pad (1, Figs. 5 and 10A) is inhibited from being stretched (¶ [0039-0040, 0071]) when said elastomeric bandage (5, Figs. 5 and 10A) is stretched wherein said pad (1, Figs. 5 and 10A) is configured to remain positioned over the wound (see Fig. 10A) when said elastomeric bandage (5, Figs. 5 and 10A) is wrapped over the wound (see Fig. 10A), said pad (1, Figs. 5 and 10A) being comprised of a fluid absorbent material wherein said pad (1, Figs. 5 and 10A) is configured to absorb bodily fluids from the wound (¶ [0048]); said pad (1, Figs. 5 and 10A) has a primary surface (2, Figs. 5 and 10A; ¶ [0047]) and a secondary surface (3, Figs. 5 and 10A) and a coupled portion (portion of pad directly above adhesive C, Figs. 5 and 10A) extending between said primary surface (2, Figs. 5 and 10A) and said secondary surface (3, Figs. 5 and 10A), said pad (1, Figs. 5 and 10A) having a foot (adhesive C, Figs. 5 and 10A) extending away from said secondary surface (3, Figs. 5 and 10A), said foot (C, Figs. 5 and 10A) being oriented to extend along said coupled portion (portion of pad directly above adhesive C, Figs. 5 and 10A) such that said secondary surface (3, Figs. 5 and 10A) is spaced from said adhesive layer (8, Figs. 5 and 10).
Cettina is silent whether said adhesive layer completely covering a bottom surface of said elastomeric bandage, the pad’s coupled portion is a coupled end, and whether said foot abutting said adhesive layer on said elastomeric bandage, said pad having stitching extending through said primary surface and said foot and into said elastomeric bandage thereby defining said connection point, and a protective layer being applied to said secondary surface of said pad, said protective layer completely covering said secondary surface, said protective layer being comprised of a cohesive material such that said protective layer resists adhering to said adhesive layer.
Burton teaches a wound dressing, thus being in the same field of endeavor, with a pad (absorbent layer 330, Fig. 5) having a coupled end (area of pad that overlaps with adhesive layer 324, Fig. 5), said pad (330, Fig. 5) having a foot (portion of adhesive 324 that contacts pad 330, Fig. 5) extending away from said secondary surface (top surface of 330, Fig. 5), said foot (portion of adhesive 324 that contacts pad 330, Fig. 5) abutting said adhesive layer (portion of adhesive layer 324 not overlapped by pad 330, Fig. 5). This structure allows for volumetric expansion of the absorbent layer without the swelling issues that fully connecting the absorbent layer to the backing layer causes (¶ [0073]). Additionally, Burton teaches a wound dressing with an adhesive layer (24, Fig. 1) completely covering a bottom surface of said elastomeric bandage (backing layer 20, Fig. 1), and a protective layer (debonding agent 40, Fig. 1) being applied to said secondary surface (top of pad 30, Fig. 1) of said pad (30, Fig. 1), said protective layer (40, Fig. 1) completely covering said secondary surface (top of pad 30, Fig. 1), said protective layer (40, Fig. 1) being comprised of a cohesive material such that said protective layer (40, Fig. 1) resists adhering to said adhesive layer (24, Fig. 1; ¶ [0057-0059]). This allows for improved swelling of the dressing during use (¶ [0057-0059]).
Therefore, it would have been obvious to modify the pad of Cettina to have the coupled portion be a coupled end, and where the foot abuts said adhesive layer on said elastomeric bandage, as taught by Burton (Fig. 5), and to have a protective layer being applied to said secondary surface of said pad, said protective layer completely covering said secondary surface, said protective layer being comprised of a cohesive material such that said protective layer resists adhering to said adhesive layer, as taught by Burton (Fig. 1), and to modify the elastomeric bandage to have the adhesive layer completely covering a bottom surface of said elastomeric bandage. This allows the absorbent to expand during absorption without causing swelling issues that are present when the absorbent layer is fully connected to the backing layer (as motivated by Burton ¶ [0057-0057, 0073]).
Cettina/Burton is silent whether said pad has stitching extending through said primary surface and said foot and into said elastomeric bandage thereby defining the connection point.
Reeves teaches an absorbent article, thus being in the same field of endeavor, where an adhesive attachment between layers is reinforced by stitching (¶ [0079]) to ensure the attachment of the layers.
Therefore, it would have been obvious to modify the dressing of Cettina/Burton to include stitching extending through said primary surface and said foot and into said elastomeric bandage, thereby defining the connection point, to provide a reinforcement of the adhesive bonding between the layers in case of adhesive failure (as motivated by Reeves ¶ [0079]).
Conclusion
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/JESSICA ARBLE/ Primary Examiner, Art Unit 3781