DETAILED ACTION
This Office Action is in response to the amendment filed May 13, 2026. The specification and claims 78-97 have been amended. Claims 78-97 are pending in the instant application.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement filed May 13, 2026 has been received and made of record. Note the acknowledged PTO-1449 form enclosed herewith.
Drawings
The drawings were received on May 13, 2026. These drawings are approved by the examiner.
In response to the replacement sheets, the objections to the drawing presented in the previous Office Action have been withdrawn.
Specification
The objections to the specification presented in the previous Office Action have been withdrawn in light of the amendments to the specification.
Claim Objections
The objection to claims 79-97 presented in the previous Office Action has been withdrawn in light of the amendments to the claims.
Claim Rejections - 35 USC § 112
The 112(b) rejection of claims 86-97 presented in the previous Office Action has been withdrawn in light of the amendments to the claims.
Claim Rejections - 35 USC § 103
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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 78 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent No. 2004/0073151 (“Weston”) in view of U.S. Patent No. 8,100,834 (“Shuler”).
Regarding claim 78, Weston discloses a reduced pressure treatment system, that during use, substantially discloses Applicant’s claimed invention. More specifically, Weston discloses a method of treating a wound (see the abstract which discloses a method for treating wounds using reduce pressure is provided), comprising: positioning a wound cover (wound cover 40, see Figs. 1, 7 and para. [0041]) over a wound (wound site 25, see para. [0040] to define a space between at least a portion of the wound cover and the wound (see Fig. 1 which shows a space having absorbable matrix 32, therein, see para. [0041]; applying negative pressure to a space between the wound cover and the wound (see the abstract which discloses a vacuum pump supplies suction within the wound cover over the treatment site); detecting temperature adjacent to the wound (temperature sensors 81 are used to detect temperature adjacent the wound site); and selectively controlling the level of negative pressure between the wound cover and the wound based on temperature (the temperature sensors are connected to an alarm system which is connect to the vacuum supply 50, that upon production of a predetermined alarm (caused by blood flow rate reaching below or above a certain measurement) by the alarm device (86), the vacuum pump controller (52) will cause the pump (51) to cease operation by the alarm device 86 (see para [0069]).
Weston fails to disclose detecting blood flow rate adjacent the wound and selectively controlling the level of negative pressure between the wound cover and the wound based on the blood flow rate exceeding or falling below a predetermined amount. However, Shuler in the disclosure of an analogous wound treatment method teaches it is known to provide a system with a sensor measuring and monitoring blood flow rate in order to monitor conditions in and around a wound (col. 5, lines 35-48, col. 8, lines 1-14 and col. 24, lines 4-15).
In view of Shuler, it would have been obvious to one having ordinary skill in the art to modify the method of Westin with the addition of a sensor to measure and monitor blood flow rate in order to monitor conditions in and around a wound. Once added, it would have been further obvious to connect the blood flow rate sensor to the alarm system, which is connected to the vacuum supply (50), such that upon production of a predetermined alarm (caused by blood flow rate reaching below or above a certain measurement) by the alarm device (86), the vacuum pump controller (52) will cause the pump (51) to cease operation (see para. [0069] of Weston).
Claims 78-83 and 86-97 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent No. 2004/0073151 (“Weston”) in view of King.
Regarding claim 78, Weston discloses a reduced pressure treatment system, that during use, substantially discloses Applicant’s claimed invention. More specifically, Weston discloses a method of treating a wound (see the abstract which discloses a method for treating wounds using reduce pressure is provided), comprising: positioning a wound cover (wound cover 40, see Figs. 1, 7 and para. [0041]) over a wound (wound site 25, see para. [0040] to define a space between at least a portion of the wound cover and the wound (see Fig. 1 which shows a space having absorbable matrix 32, therein, see para. [0041]; applying negative pressure to a space between the wound cover and the wound (see the abstract which discloses a vacuum pump supplies suction within the wound cover over the treatment site); detecting temperature adjacent to the wound (temperature sensors 81 are used to detect temperature adjacent the wound site); and selectively controlling the level of negative pressure between the wound cover and the wound based on temperature (the temperature sensors are connected to an alarm system which is connect to the vacuum supply 50, that upon production of a predetermined alarm (caused by blood flow rate reaching below or above a certain measurement) by the alarm device (86), the vacuum pump controller (52) will cause the pump (51) to cease operation by the alarm device 86 (see para [0069]).
Weston fails to disclose detecting blood flow rate adjacent the wound and selectively controlling the level of negative pressure between the wound cover and the wound based on the blood flow rate exceeding or falling below a predetermined amount. However, King in the disclosure of an analogous wound treatment method teaches it is known to provide a system with a sensor measuring and monitoring a physiological characteristic selected from the group consisting of blood flow rate, blood oxygen saturation, etc. with a sensor (see the abstract and claim 8).
In view of King, it would have been obvious to one having ordinary skill in the art to modify the method of Westin with the addition of a sensor to measure and monitor blood flow rate in order to determine the extent of ischemia being suffered (see col. 4, lines 3-12 of King). Once added it would have been further obvious to connect the blood flow rate sensor to the alarm system, which is connected to the vacuum supply (50), such that upon production of a predetermined alarm (caused by blood flow rate reaching below or above a certain measurement) by the alarm device (86), the vacuum pump controller (52) will cause the pump (51) to cease operation (see para. [0069] of Weston).
Regarding claim 79, modified Weston discloses the method of claim 78, but fails to disclose increasing the amount of negative pressure when the detected blood flow rate exceeds a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to increase the amount of negative pressure when the detected blood flow rate exceeds a predetermined amount in order to constrict blood vessels and decrease blood flow.
Regarding claim 80, modified Weston discloses the method of claim 78, except decreasing the amount of negative pressure when the detected blood flow rate exceeds a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to decrease the amount of negative pressure when the detected blood flow rate exceeds a predetermined amount in order to manage tissue edema, inflammation and to balance perfusion and tissue damage.
Regarding claim 81, modified Weston discloses the method of claim 78, except increasing the amount of negative pressure when the detected blood flow rate falls below a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to increase the amount of negative pressure when the detected blood flow rate falls below a predetermined amount in order to manage tissue edema, inflammation and to balance perfusion and tissue damage.
Regarding claim 82, modified Weston discloses the method of claim 78, except decreasing the amount of negative pressure when the detected blood flow rate falls below a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to decrease the amount of negative pressure when the detected blood flow rate falls below a predetermined amount in order to manage tissue edema, inflammation and to balance perfusion and tissue damage.
Regarding claim 83, modified Weston discloses the method of Claim 78, wherein the blood flow rate is detected via a first sensor (note the rejection of claim 78 above, which discloses the use of a sensor to detect the blood flow rate).
Regarding claim 86, modified Weston discloses the method of claim 78, further comprising changing the configuration of the wound cover when the detected blood flow rate crosses a threshold determined by a second sensor (temperature sensor 81, see Fig. 7, see para. [0067]). As can be read from para. [0011] of Weston, “areas of tissue having an increased level of blood circulation generally have a higher temperature than areas that have a comparatively lower level of blood circulation. It is therefore desirable to have a means of monitoring the relative temperature within the area of the wound”. Therefore, when the temperature exceeds a certain measurement, so too will the blood flow rate, and when the temperature exceeds a certain measurement, the alarm will sound and the vacuum pump will cease; thus negative pressure stops and the cover, which during implementation of negative, has protrusions recessed as shown in Fig. 5c, but changes to the protrusions shown in Fig. 5a when vacuum is no longer implemented.
Regarding claim 87, modified Weston discloses the method of claim 83, except further comprising an oxygen sensor configured to detect an amount of oxygen in a portion of the blood flowing into or adjacent to the wound. King in the disclosure of an analogous wound treatment method teaches it is known to provide a system with a sensor measuring and monitoring a physiological characteristic selected from the group consisting of blood flow rate, blood oxygen saturation, etc. with a sensor (see the abstract and claim 8).
In view of King, it would have been obvious to one having ordinary skill in the art to modify the method of Westin with the addition of an oxygen saturation sensor to measure and monitor oxygen in the blood at the wound site in order blood flow rate in order to determine the amount oxygen flowing to the wound so as to prevent tissue deterioration (col.1, lines 30-42 of King). Once added it would have been further obvious to connect the oxygen saturation sensor to the alarm system, which is connected to the vacuum supply (50), that upon production of a predetermined alarm (caused by an oxygen saturation sensor reaching below or above a certain measurement) by the alarm device (86), the vacuum pump controller (52) will causes the pump (51) to cease operation (see para. [0069] of Weston).
Regarding claim 88, Weston discloses the method of claim 87, except increasing the amount of negative pressure when the detected amount of oxygen exceeds a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to increase the amount of negative pressure when the detected amount of oxygen exceeds a predetermined amount in order to manage tissue edema, inflammation and to balance perfusion and tissue damage.
Regarding claim 89, modified Weston discloses the method of claim 87, except increasing the amount of negative pressure when the detected amount of oxygen falls below a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to increase the amount of negative pressure when the detected amount of oxygen falls below a predetermined amount in order to manage tissue edema, inflammation and to balance perfusion and tissue damage.
Regarding claim 90, modified Weston discloses the method of claim 87, except decreasing the amount of negative pressure when the detected amount of oxygen exceeds a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to decreasing the amount of negative pressure when the detected amount of oxygen exceeds a predetermined amount in order to manage tissue edema, inflammation and to balance perfusion and tissue damage.
Regarding claim 91, modified Weston disclose the method of claim 87, except decreasing the amount of negative pressure when the detected amount of oxygen falls below a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to decrease the amount of negative pressure when the detected amount of oxygen falls below a predetermined amount in order to manage tissue edema, inflammation and to balance perfusion and tissue damage.
Regarding claim 92, modified Weston discloses the method of claim 78, except a second sensor configured to detect an amount of oxygen in a portion of the blood flowing into or adjacent to the wound. However, King in the disclosure of an analogous wound treatment method teaches it is known to provide a system with a sensor measuring and monitoring a physiological characteristic selected from the group consisting of blood flow rate, blood oxygen saturation, etc. with a sensor (see the abstract and claim 8). Further disclosed is that two or more different types of sensors my implemented to sense indicia of blood flow ischemia (see col. 7, lines 1-12)
In view of King, it would have been obvious to one having ordinary skill in the art to modify the method of Westin with the addition of a second sensor in the form of an oxygen saturation sensor to measure and monitor oxygen in the blood at the wound site in order blood flow rate in order to determine the amount oxygen flowing to the wound so as to prevent tissue deterioration (col.1, lines 30-42 of King) and to sense indicia of blood flow ischemia. Once added it would have been further obvious to connect the oxygen saturation sensor to the alarm system, which is connected to the vacuum supply (50), that upon production of a predetermined alarm (caused by an oxygen saturation sensor reaching below or above a certain measurement) by the alarm device (86), the vacuum pump controller (52) will causes the pump (51) to cease operation (see para. [0069] of Weston).
Regarding claim 93, Weston discloses the method of claim 92, except increasing the amount of negative pressure when the detected amount of oxygen exceeds a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to increase the amount of negative pressure when the detected amount of oxygen exceeds a predetermined amount in order to manage tissue edema, inflammation and to balance perfusion and tissue damage.
Regarding claim 94, modified Weston discloses the method of claim 92, except increasing the amount of negative pressure when the detected amount of oxygen falls below a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to increase the amount of negative pressure when the detected amount of oxygen falls below a predetermined amount in order to manage tissue edema, inflammation and to balance perfusion and tissue damage.
Regarding claim 95, modified Weston discloses the method of claim 92, except decreasing the amount of negative pressure when the detected amount of oxygen exceeds a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to decreasing the amount of negative pressure when the detected amount of oxygen exceeds a predetermined amount in order to manage tissue edema, inflammation and to balance perfusion and tissue damage.
Regarding claim 96, modified Weston disclose the method of claim 92, except decreasing the amount of negative pressure when the detected amount of oxygen falls below a predetermined amount. However, Weston discloses in para. [0082] that “[s]upplying reduced pressure to the appliance in an intermittent or cyclic manner has also been demonstrated to be useful for treating wounds. Intermittent or cyclic supply of reduced pressure to an appliance may be achieved by manual or automatic control of the vacuum system 50.”
Therefore, it would have been obvious to one having ordinary skill in the art to have programmed the treatment system to decrease the amount of negative pressure when the detected amount of oxygen falls below a predetermined amount in order to manage tissue edema, inflammation and to balance perfusion and tissue damage.
Alternate Embodiment: Regarding claim 78, Weston discloses a reduced pressure treatment system, that during use, substantially discloses Applicant’s claimed invention. More specifically, Weston discloses a method of treating a wound (see the abstract which discloses a method for treating wounds using reduce pressure is provided), comprising: positioning a wound cover (wound cover 40 having protrusions 60, see Figs. 5a- 5, 7, para. [0041] and [0054]) over a wound (wound site 25, see para. [0040] to define a space between at least a portion of the wound cover and the wound (see Fig. 5a which shows a space having matrix therein, see para. [0041]; applying negative pressure to a space between the wound cover and the wound (see the abstract which discloses a vacuum pump supplies suction within the wound cover over the treatment site); detecting temperature adjacent to the wound (temperature sensors 81 are used to detect temperature adjacent the wound site); and selectively controlling the level of negative pressure between the wound cover and the wound based on temperature (the temperature sensors are connected to an alarm system which is connect to the vacuum supply 50, that upon production of a predetermined alarm (caused by blood flow rate reaching below or above a certain measurement) by the alarm device (86), the vacuum pump controller (52) will cause the pump (51) to cease operation by the alarm device 86 (see para [0069]).
Weston fails to disclose detecting blood flow rate adjacent the wound and selectively controlling the level of negative pressure between the wound cover and the wound based on the blood flow rate exceeding or falling below a predetermined amount. However, King in the disclosure of an analogous wound treatment method teaches it is known to provide a system with a sensor measuring and monitoring a physiological characteristic selected from the group consisting of blood flow rate, blood oxygen saturation, etc. with a sensor (see the abstract and claim 8).
In view of King, it would have been obvious to one having ordinary skill in the art to modify the method of Westin with the addition of a sensor to measure and monitor blood flow rate in order to determine the extent of ischemia being suffered (see col. 4, lines 3-12 of King). Once added it would have been further obvious to connect the blood flow rate sensor to the alarm system, which is connected to the vacuum supply (50), that upon production of a predetermined alarm (caused by blood flow rate reaching below or above a certain measurement) by the alarm device (86), the vacuum pump controller (52) will causes the pump (51) to cease operation (see para. [0069] of Weston).
Regarding claim 83, modified Weston discloses the method of claim 78, wherein the blood flow rate is detected via a sensor (note the rejection of claim 78 above, which discloses the use of a sensor to detect the blood flow rate).
Regarding claim 87, modified Weston discloses the method of claim 83, except further comprising an additional sensor configured to detect an amount of oxygen in a portion of the blood flowing into or adjacent to the wound. King in the disclosure of an analogous wound treatment method teaches it is known to provide a system with a sensor measuring and monitoring a physiological characteristic selected from the group consisting of blood flow rate, blood oxygen saturation, etc. with a sensor (see the abstract and claim 8).
In view of King, it would have been obvious to one having ordinary skill in the art to modify the method of Westin with the addition of an oxygen saturation sensor to measure and monitor oxygen in the blood at the wound site in order blood flow rate in order to determine the amount oxygen flowing to the wound so as to prevent tissue deterioration (col.1, lines 30-42 of King). Once added it would have been further obvious to connect the oxygen saturation sensor to the alarm system, which is connected to the vacuum supply (50), that upon production of a predetermined alarm (caused by an oxygen saturation sensor reaching below or above a certain measurement) by the alarm device (86), the vacuum pump controller (52) will causes the pump (51) to cease operation (see para. [0069] of Weston).
Regarding claim 97, modified Weston discloses the method of claim 87, further comprising changing the configuration of the wound cover when a detected amount of oxygen in a portion of the blood flowing into or adjacent to the wound is above or below a predetermined value (as discussed the rejection of claim 87 above, when the alarm sounds because oxygen saturation exceeds a certain measurement, the pump will cease; thus negative pressure stops and the cover, which during implementation of negative, has protrusions recessed as shown in Fig. 5c, and changes to the protrusion shown in Fig. 5a when vacuum is no longer implemented).
Claim 84 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Weston in view of King as applied to claim 83 above, and further in view of translation JP H07299043 A (“Masanori”).
Regarding claim 84, modified Weston discloses the method of claim 83, except wherein the sensor comprises a light emitting sensor. However, Masanori in its analogous disclosure of a sensor teaches it is known to use light emitting sensors to detect blood flow rate (see page 4, the fifth full paragraph which recites “FIG. 3 is a block diagram of processing the output signals from the plurality of sensors to detect the pulse. The sensors (1) and 11a including the light emitting element 2a and the light receiving element 3a output signals according to the blood flow rate”.
Absent a critical teaching and/or a showing of unexpected results, and in view of it Masanori, it would have been obvious design choice to one having ordinary skill in the art to have utilized a light emitting sensor to detect blood flow rate in modified Weston’s method of treating since it appears the sensor would perform equally well.
Claim 85 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Weston in view of King as applied to claim 83 above, and further in view of U.S. Patent No. 6,109,270 (“Mah”).
Regarding claim 85, modified Weston discloses the method of claim 83, except wherein the sensor comprises a laser doppler sensor. However, Mah in it analogous disclosure of a sensor teaches it is known use a laser doppler blood flow sensor for measuring the fate of blood flow (see col. 7, lines 56-58).
Absent a critical teaching and/or a showing of unexpected results and in view of Mah, it would have been obvious design choice to one having ordinary skill in the art to have utilized a laser doppler to detect blood flow rate in modified Weston’s method of treating since it appears the sensor would perform equally well.
Response to Arguments
Applicant's arguments filed May 13, 2026 have been fully considered but they are not persuasive. Applicant argues the following: to reach the subject matter of claim 78, the Office Action combined the positive/negative pressure chamber of Rastegar with the limb neurostimulator of King. Office Action, pg. 7. Alternatively, to also reach the subject matter of claim 78, the temperature monitoring and negative pressure delivering system of Weston was combined with the limb neurostimulator of King. Office Action, pg. 10. Applicant respectfully asserts that King is not in the same field of endeavor as the devices of Rastegar and Weston. Rastegar and Weston are concerned with the delivery of negative pressure to treat an open wound. Rastegar, Abstract; Weston, Abstract. Rastegar discloses synchronizing negative/positive pressure to a patient's pulse, while Weston discloses adjusting negative pressure when the temperature reading triggers an alarm. In contrast, King is concerned with delivery of electrical stimulation to the spinal cord or the peripheral nervous system and does not discuss wound treatment. King, Abstract.
Further, Applicant respectfully asserts that King is not "reasonably pertinent" to the problem face by the inventor. The problem faced by King is to determine whether to deliver electrical stimulation to a damaged spinal cord or peripheral nervous system, but provides no discussion of wound treatment or negative pressure. For at least these reasons, one of skill in the art would not seek to combine King with Rastegar or Weston.
With respect the combination of Rastegar and King, the argument is moot since Rastegar is no longer relied upon in the prior art rejections of record.
With respect to the combination of Weston and King, the Office disagrees. Both Weston and King are concerned with treatment of a portion of the human body and are considered analogous art in that the reference is reasonably pertinent to the problem faced by the inventor (i.e., treating a portion of the human body).
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.
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/KIM M LEWIS/Primary Examiner, Art Unit 3786
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