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 § 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 Bernstein (2010/0150991).
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. The first chamber houses an energy source 220, as shown in figure 3A and disclosed in column 8, lines 56-60. The second chamber 400 contains water and medicament, as shown in figure 8B and disclosed in column 4, lines 55-57. A third chamber contains a gas, as disclosed in column 8, lines 31-33. A control circuit 130 is powered by the energy source, as disclosed in column 8, lines 56-60. A humidifier 400 is in contact with the water and medicament, as disclosed in column 4, lines 55-57. A flow control regulator 133 is connected to the control circuit 130 for dispensing gas from the gas containing cartridge, as disclosed in column 5, lines 48-57. A storage port 71 above is the humidifier for humidified vapor and medicament, as shown in figure 1. A main valve 50 is controlled by the control circuit 130 and is connected to the storage port 70 and the flow control regulator, as shown in figure 1 and disclosed in column 5, 48-54. An exit port 70 is connected to the main valve 50 for dispensing humidified vapor and medicament, as shown in figure 1. A sealable cap 30 covers the chambers, as shown in figure 1.
Pelkus discloses all aspects of the claimed invention with the exception of a programmable control circuit. Pelkus discloses in column 6, line 64, to column 7, line 28, that the system can run different regimens for each particular patient, and an operator can select different options, but remains silent as to the control circuit being programmable. Bernstein discloses a method for treating a wound with a treatment chamber, as shown in figure 1, and teaches using a programmable control circuit to allow control of application of treatment, as disclosed in paragraph [0127]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the control circuit of Pelkus programmable, as taught by Bernstein, to achieve the predicable result of allowing a user control the application of treatment by inputting specific regimes.
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 in column 1, lines 21-30.
With respect to claim 23, the medicament is an antibiotic, as disclosed 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 in column 14, lines 1-4.
With respect to claim 26, the wound is the result of an infection, as disclosed 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 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 in column 8, lines 40-44.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents 7,527,603; 8,128,672; 8,900,208; and 2011/0040239 disclose methods of treating wounds.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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