DETAILED ACTION
Note: The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in response to communications filed January 6, 2026.
Election/Restrictions
1. Applicant’s election without traverse of Group I, claims 1-7, 9, 11 and 12 in the reply filed on January 6, 2026 is acknowledged. Claims 14-17, 20, 21, 23, 26-27 and 29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Claims 14-17, 20, 21, 23, 26-27 and 29 were subsequently canceled in the January 6, 2026 response.
Status of Claims
2. Claims 1-7, 9, 11 and 12 are pending and currently under consideration for patentability.
Claims 14-17, 20, 21, 23, 26-27 and 29 are canceled as of the January 6, 2026 response.
Priority
3. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in the instant application.
Information Disclosure Statement
4. The information disclosure statements (IDS) submitted on October 5, 2023 and August 6, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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.
4. Claim(s) 1, 9 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hartwell et al. (US PGPUB 2019/0282738 A1).
5. With regard to claim 1, Hartwell discloses a canister (“canister”, not shown, of wound dressing, 100; [0037]) for negative pressure wound therapy (abstract; Figs. 1-4; [0032]), the canister comprising: a housing (defined by cover layer, 113 and “wound contact layer”, not shown) defining an interior volume (including absorbent material, 112 and canister) for storing fluid aspirated from a wound during provision of negative pressure wound therapy ([0032]; [0037]); and an electronic circuitry (within electronics area, 161; Fig. 1; also see electrical schematics, 300; Fig. 3) at least partially enclosed by the housing (113 and contact layer; [0033-0034]), the electronic circuitry comprising: a memory (memory, 350) configured to store data related to one or more parameters of the canister (“remaining fluid capacity of the canister”; [0062]; [0067]; [0075]); a transceiver (wireless communications processor, 320; Fig. 3) configured to wirelessly communicate with a computing device (wireless communications device or WCD, 210; Fig. 2; [0048]; [0071-0072]; [0076]); and a processing circuitry connected to the memory (350) and the transceiver (320; Fig. 3), the processing circuitry (interface processor or controller, 310; “processors… can include logic circuitry”; [0093]) configured to store the data in the memory (350; [0066-0068]) and cause the transceiver (320) to provide at least some of the data stored in the memory (350) responsive to a request from the computing device (210; [0018]; [0049-0052]; [0075]).
6. With regard to claim 9, Hartwell discloses that the electronic circuitry (300; within 161) further comprises a power source ([0034]; [0040]) configured to supply power to at least one of the memory (350), the transceiver (320), or the processing circuitry (310), and wherein the power source comprises one or more of a capacitor or a battery ([0062-0064]).
7. With regard to claim 12, Hartwell discloses that the data comprises an indication (“dressing/canister capacity indicator”) that the canister is full (dressing/canister capacity and saturation level data; [0043]; [0062]), the indication ([0060]; [0062]) being stored responsive to a determination that a level of fluid aspirated from the wound has reached a threshold level over a duration of time (internal storage limit; [0074]; [0012-0014]; [0054]; [0067]; [0075]; [0089-0090]).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
8. Claim(s) 2-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hartwell.
9. With regard to claims 2-4, while Hartwell discloses that the memory (350) is further configured to store code for updating firmware or software of the computing device (“firmware and/or software upgrades”; [0086]; [0089]) and store an indication ([0060-0062]) for a negative pressure wound therapy device (negative pressure therapy apparatus, 220) to determine that firmware or software should be updated with the code and configured to be executed by the processing circuitry (310; [0086]; [0012-0014]; [0054]; [0067]; [0075]; [0089-0090]), Hartwell fails to explicitly disclose that the indication comprises a version of firmware of software stored in the memory.
However, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the electronic circuitry disclosed by Hartwell to store a version of firmware of software indicator in the memory, in order to allow for a user or caregiver to be alerted or notified of a new version of firmware or software being available, as suggested by Hartwell in paragraph [0086].
Additionally, while the disclosed embodiment in Figure 2 of Hartwell shows the computing device (210 with 400) as a wristband with negative pressure wound therapy data stored thereon which can be considered a negative pressure wound therapy device ([0048]; [0071-0072]; [0076]) in communication with a negative pressure wound therapy device (220 via pump control processor, 370 and input/output processor, 390; Fig. 3; [0038]; [0068-0069]) which can also be considered as part of the computing device, Hartwell fails to explicitly disclose that the computing device is configured to removably support the housing.
However, Hartwell suggests that the wireless communication device (WCD, 210) can take many forms, such as a band, belt or chest strap, etc. ([0047]) fully capable of removably supporting the housing (113 and contact layer); and that the electronics area (161) of the negative pressure wound therapy device (220) can be partially embedded in the wound dressing, positioned on the top, bottom, or side of the wound dressing, and the like ([0038]) which may provide support to the housing.
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the computing device disclosed by Hartwell to be configured to removably support the housing, similar to the band, belt or chest strap of the WCD or the partially embedded electronic circuitry suggested by Hartwell, in order to ensure stabilization of the canister during use, while still allowing for removal/replacement if/when needed, as suggested by Hartwell in paragraphs [0037] and [0047].
10. With regard to claim 6, Hartwell the data comprises canister capacity stored in the memory (350) for negative pressure wound therapy ([0012]; [0014]; [0054]; [0079]; [0089-0090]), Hartwell fails to explicitly disclose that the canister capacity is stored in the memory prior to the canister being used.
However, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the electronic circuitry disclosed by Hartwell to store the canister capacity in the memory prior to the canister being used, in order for the size of canister to be known to the system prior to therapy, so that the remaining fluid capacity of the canister can be accurately determined, as suggested by Hartwell in paragraph [0062].
11. Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hartwell in view of Kim et al. (US PGPUB 2015/0304478 A1).
12. With regard to claim 5, while Hartwell discloses wherein the transceiver (320) is configured to communicate with the computing device (210; Figs. 2, 3; [0048]; [0071-0072]; [0076]), Hartwell fails to explicitly disclose that the transceiver is configured to communicate with the computing device using near field communication (NFC).
However, within the same field of endeavor (medical device information systems), Kim discloses a method and system for providing information related to medical devices (abstract; Fig. 4), wherein a transceiver is configured to communicate with a computing device (100) using near field communication ([0010]; [0040]; [0067]; [0069]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the means of wireless communication disclosed by Hartwell to be near field communication, as suggested by Kim, in order to utilize well-known means of short-range communication, as suggested by Kim in paragraph [0067], with a reasonable expectation of success.
Additionally, while the disclosed embodiment in Figure 2 of Hartwell shows the computing device (210 with 400) as a wristband with negative pressure wound therapy data stored thereon which can be considered a negative pressure wound therapy device ([0048]; [0071-0072]; [0076]) in communication with a negative pressure wound therapy device (220 via pump control processor, 370 and input/output processor, 390; Fig. 3; [0038]; [0068-0069]) which can also be considered as part of the computing device, Hartwell fails to explicitly disclose that the computing device is configured to removably support the housing.
However, Hartwell suggests that the wireless communication device (WCD, 210) can take many forms, such as a band, belt or chest strap, etc. ([0047]) fully capable of removably supporting the housing (113 and contact layer); and that the electronics area (161) of the negative pressure wound therapy device (220) can be partially embedded in the wound dressing, positioned on the top, bottom, or side of the wound dressing, and the like ([0038]) which may provide support to the housing.
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the computing device disclosed by Hartwell to be configured to removably support the housing, similar to the band, belt or chest strap of the WCD or the partially embedded electronic circuitry suggested by Hartwell, in order to ensure stabilization of the canister during use, while still allowing for removal/replacement if/when needed, as suggested by Hartwell in paragraphs [0037] and [0047].
13. Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hartwell in view of Pan et al. (US PGPUB 2013/0267918 A1).
14. With regard to claim 7, Hartwell discloses that the data comprises a canister orientation (orientation/motion data) or canister fill status (canister capacity) determined during provision of negative pressure wound therapy and stored in the memory (350) during provision of negative pressure wound therapy ([0043]; [0062]).
However, Hartwell is silent in regard to the canister orientation comprising a flipped orientation determined during provision of negative pressure wound therapy, and wherein storing the flipped orientation in the memory prevents the canister from being used for further provision of negative pressure wound therapy.
In the same field of endeavor (negative pressure wound therapy), Pan discloses a negative pressure wound therapy pump with tilt and fill sensors (abstract; Figs. 1, 2, 8, 9) comprising a canister (20) and data comprises a canister orientation or canister fill status (via fill sensors, 38 and tilt sensor, 39) determined during provision of negative pressure wound therapy and stored in the memory (of microprocessor, 51) during provision of negative pressure wound ([0007-0008]; [0047-0051]), wherein the canister (20) orientation comprises a flipped orientation (“inappropriate orientation” or “not in upright position”) determined during provision of negative pressure wound therapy, and wherein storing the flipped orientation in the memory prevents the canister (20) from being used for further provision of negative pressure wound therapy ([0048-0052]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the canister orientation data disclosed by Hartwell to include a flipped orientation wherein storing the flipped orientation in the memory prevents the canister from being used for further provision of negative pressure wound therapy, similar to that disclosed by Pan, since orientation of the canister is highly critical to prevent fluids from being sensed by the fill sensor prior to being actually full, and such data would allow for operation of the vacuum pump to be terminated when the angle of tilt exceeds a certain allowed maximum, as suggested by Pan in paragraphs [0007-0008].
15. Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hartwell in view of Casady et al. (US PGPUB 2015/0234995 A1).
16. With regard to claim 11, Hartwell is silent in regard to the data comprises a manufacturing date stored as read only data, wherein the manufacturing date facilitates a determination that shelf life of the canister has not been exceeded.
However, in the same field of endeavor (health care network systems), Casady discloses a real-time recall inventory matching system (abstract; Fig. 1; [0010-0012]; [0029-0032]) including data comprising a manufacturing date stored as read only data, wherein the manufacturing date facilitates a determination that shelf life (expiration date) of a medical product has not been exceeded ([0031]; [0035]; [0043]; [0047-0048]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the stored canister data disclosed by Hartwell to include manufacturing date facilitating determination of shelf life, similar to that disclosed by Casady, in order to utilize and store desirable manufacturer’s information regarding manufacturing date of the canister, so that users and healthcare providers can automatically receive expiration information for subsequent disposal and/or replacement, as suggested by Casady in paragraph [0031].
Conclusion
17. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Begin et al. (US PGPUB 2016/0136339 A1) discloses systems for applying reduced pressure therapy.
Lockwood et al. (US PGPUB 2003/0014022 A1) discloses control of a vacuum level rate.
Vogel (US 7,608,066) discloses a wound irrigation device pressure monitoring system.
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J MENSH whose telephone number is (571)270-1594. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571)272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J MENSH/Primary Examiner, Art Unit 3781