DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments filed 31 July 2026, with respect to the rejection(s) of claim(s) 18-37 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Heinonen (6,868,851).
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 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(s) 18-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pelkus (8,241,258) in view of Heinonen (6,868,851).
With respect to claim 18, Pelkus discloses a method for treating a wound comprising covering the wound with a treatment chamber 100, as shown in figures 3A and 3B, surrounding the wound in the treatment chamber with a vapor containing water and/or medicament, as disclosed in column 8, lines 14-17, and surrounding the wound with an O2-enriched gas, as disclosed in column 8, lines 27-40, without increasing the pressure around the wound to 22 mm Hg, as disclosed in column 11, lines 25-26. The vapor and gas are prepared in a portable variable hyperoxia treatment apparatus, as shown in figure 1, having a housing 10 containing first, second, and third sealable chambers. A humidifier 400 is in fluid communication with a fluid source 500, as disclosed in column 4, lines 55-58. A hollow tube 70 connects an exit port of the apparatus to the treatment chamber, as shown in figures 1 and 3A.
Pelkus discloses all aspects of the claimed invention with the exception of the humidifier comprising a piezo-electric disc configured to vaporize the fluid. Heinonen teaches the use of a piezo-electric element in the form of a disc 36, as shown in figure 2, for vaporizing a fluid, as disclosed in column 4, lines 1-8. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the humidifier of Pelkus with a piezo-electric disc configured to vaporize fluid, as taught by Heinonen, to achieve the predictable result of efficiently converting fluid into vapor to humidify air.
With respect to claims 19-22, the wound is a surgical incision, chronic lesion, post-surgical infection, gangrenous lesion, decubitus ulcer, amputation, skin graft, burn, or frostbite, as disclosed by Pelkus in column 1, lines 21-30.
With respect to claim 23, the medicament is an antibiotic, as disclosed by Pelkus in column 8, lines 14-17.
With respect to claims 24-25, the antibiotic is betadine, isopropyl alcohol, bacitracin, hydrogen peroxide, or ionic silver, as disclosed by Pelkus in column 14, lines 1-4.
With respect to claim 26, the wound is the result of an infection, as disclosed by Pelkus in column 1, lines 21-25.
With respect to claims 27-28, modified Pelkus discloses all aspects of the claimed invention with the exception of the wound being Propionibacterium acne. Pelkus discloses in column 1, lines 21-30, that the method can be used to treat an array of infections but remains silent as to treating acne. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the wound in the method of Pelkus to be Propionibacterium acne to achieve the predictable result of applying a known technique to a similar method.
With respect to claims 29 and 32, modified Pelkus discloses all aspects of the claimed invention with the exception of the medicament being benzoyl peroxide, salicylic acid, glycolic acid, sulfur or azelaic acid, miconazole, clotrimazole, terbinafine, tolnaftate, or butenafine. Pelkus discloses in column 14, lines 4-7, that other FDA approved antibacterials, antibiotics, antiseptics, and antimicrobial solutions may be used. The claimed medicaments are all well-known and commercially-available antibacterials, antibiotics, antiseptics, or antimicrobial solutions. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the medicament of Pelkus to be benzoyl peroxide, salicylic acid, glycolic acid, sulfur or azelaic acid, miconazole, clotrimazole, terbinafine, tolnaftate, or butenafine, to achieve the predictable result of using a known, commercial-available, PDA approved solution for treatment of wounds.
With respect to claims 30-31, modified Pelkus discloses all aspects of the claimed invention with the exception of the wound being athlete’s foot or an infection caused by Trichophyton. Pelkus discloses in column 1, lines 21-30, that the method can be used to treat an array of infections but remains silent as to treating acne. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the wound in the method of Pelkus to be athlete’s foot or an infection caused by Trichophyton to achieve the predictable result of applying a known technique to a similar method.
With respect to claim 33, the O2-encirched gas is substantially pure O2, as disclosed by Pelkus in column 8, lines 35-36.
With respect to claims 34-37, the steps (b) and (c) are performed one or more times in a single treatment for about 15 minutes, as disclosed by Pelkus in column 8, lines 40-44.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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