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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/22/25, 2/26/26,
4/7/2026 and 5/28/26 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
In the specification paragraph 0084, line 5, “foe” seems to mean --for--.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 30 and 32-35 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as
being anticipated by Aronhalt et al. (US 20180103952) hereinafter (Aronhalt).
With regard to claim 30, Aronhalt discloses a surgical adjunct (20220 fig.6), comprising: a polyurethane foam (Par 0297, line 2) comprising a plurality of pores (1180) configured to prevent or reduce fluid ingress into the polyurethane foam.
With regard to claim 32, Aronhalt discloses a surgical adjunct (20220 fig.6), wherein the plurality of pores (1180) form a gradient or double gradient based on an average diameter and with respect to a first side of the polyurethane foam (Par 0297, line2).
With regard to claim 33, Aronhalt discloses a surgical adjunct (20220 fig.6), wherein at least some of the plurality of pores (1180) are aligned in a first direction to direct fluid ingress within the polyurethane foam (Par 0297, line2) at least in a first direction and a second direction opposite the first direction.
With regard to claim 34, Aronhalt discloses a surgical adjunct (20220 fig.6), wherein at least some of the plurality of pores (1180) are close celled pores configured to prevent fluid ingress.
With regard to claim 35, Aronhalt discloses a surgical adjunct (20220 fig.6), wherein at least some of the plurality of pores (1180) are closed cell pores configured to prevent fluid ingress.
Allowable Subject Matter
Claims 16-29 are allowed over the prior art of record.
The following is a statement of reasons for the indication of allowable subject matter:
The art of record does not disclose or teach in combination, a surgical adjunct, comprising: a polyurethane foam comprising a volumetric ratio of the polyurethane foam to the total volume of the surgical adjunct is in a range of about 0.125 to about 0.325; and at least one hydrophobicity additive comprising at least one ceramic nanoparticle, at least one fatty acid, at least one ionic liquid, at least one long chain surfactant, at least one enteric coating, at least one photocurable resin, or combinations thereof.
Claim 31 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 31, the art of record does not disclose or teach in combination, the surgical adjunct, wherein a volumetric ratio of the polyurethane foam to the total volume of the surgical adjunct is in a range of about 0.125 to about 0.325.
Conclusion
Refer to attachment for notice of references cited and recommended for
consideration based on their disclosure of limitations of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL C. CHUKWURAH whose telephone number is (571)272-4457. The examiner can normally be reached M-F & T-F 7-4:30 IFP.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-260-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL C CHUKWURAH/Primary Examiner, Art Unit 3731
6/9/2026
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