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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 25 August 2026 has been entered.
Response to Arguments
Applicant’s arguments, filed 25 August 2026, with respect to the rejection(s) of claim(s) 1-5, 7-8 under 35 USC 103 have been fully considered and are persuasive. Specifically, Applicant has amended the claims to overcome the previous rejection by adding limitations regarding the states of the valve. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Weston in view of Fleischmann (US 6398767).
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.
Claims 1-5, 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Weston (US 2010/0042074) in view of Fleischmann (US 6398767).
Regarding claim 1, Weston discloses a negative pressure medical device (1010, figure 15), comprising:
a suction component (1018, [0189]) including a cylinder body (1024) having a chamber (chamber inside the syringe), wherein one end of the cylinder body has a suction port connected to the chamber(end closer to the T connector), and the other end of the cylinder body opposite the suction port has an insertion port (port to put the piston 1022 into, figure 15), wherein a plunger rod (1022) is disposed in the chamber, such that the plunger rod is movable in a direction along the suction port and the insertion port ([0189]), and wherein the plunger rod abuts an inner peripheral wall of the cylinder body by an airtight component (1020); and
a care component (1034) configured to cover skin around a wound area of a user to maintain a negative pressure environment between the care component and the wound area ([0189]), wherein the care component is connected to the suction port of the suction component, such that gas of the negative pressure environment flows unidirectionally to the suction component ([0189], when suction is applied, the gas flows unidirectionally to the location of the negative pressure).
Weston further comprising a three-way connector (1038) with multiple valves with an airflow passage, wherein the airflow passage is connected to a first connecting port (end of 1038 connected to syringe), a second connecting port (opposite the T junction) and a pressure detection port (outlet of 1042), wherein the first connecting port is connected to the suction port of the suction component (figure 15), wherein the pressure detection port is connected to a pressure meter (1120, figure 16), wherein the care component has an attachment surface (1034 is attached to the body and has an attachment surface [0189]) and a through hole (hole that 1035 fits into, see for example figure 1), and wherein an opening at one end of the through hole is located at the attachment surface (figure 1), and an opening at the other end of the through hole is connected to the second connecting port of the three-way valve (figure 15).
Weston does not disclose a three-way valve, wherein the three-way valve includes a switching component for switching the communication between the airflow passage and the first connecting port, the second connecting port, and the pressure detection port, respectively, wherein the switching member is rotatable and includes a blocking portion configured to selectively block communication between the airflow passage and the first connection port, the second connection port, or the pressure detection port according to a rotational position of the switching member;
wherein, when the airflow passage is in communication with the first connection port, the second connection port, and the pressure detection port, the suction component is configured to apply suction through the care component to establish a predetermined negative pressure around the wound;
wherein, after the pressure around the wound reaches a predetermined negative pressure, the switching member is configured to block communication between the airflow passage and the first connection port to maintain the predetermined negative pressure around the wound
Fleischmann discloses a wound treatment device and teaches a three-way valve (38, col 4, lines 20-35, figures 4a-4c), wherein the three-way valve includes a switching component (38 is a valve that rotates) for switching the communication between the airflow passage and the first connecting port, the second connecting port, and the pressure detection port (col 7, lines 1-35, figures 4A-4C), respectively, wherein the switching member is rotatable (figures 4A-4C shows the valve rotating) and includes a blocking portion (block portion is the portion with no path, figures 4A-4C) configured to selectively block communication between the airflow passage and the first connection port, the second connection port, or the pressure detection port according to a rotational position of the switching member (col 7, lines 20-35);
wherein, when the airflow passage is in communication with the first connection port, the second connection port, and the pressure detection port, the suction component is configured to apply suction through the care component to establish a predetermined negative pressure around the wound (position C in figure 4C, col 7, lines 1-35);
wherein, after the pressure around the wound reaches a predetermined negative pressure, the switching member is configured to block communication between the airflow passage and the first connection port to maintain the predetermined negative pressure around the wound (position B, the device capable of maintaining the negative pressure since it is closed off to pump, col 7, lines 1-35)
Flesichmann provides the multiway valve as an alternative for single valves in order to have a simpler construction and allow reliable switching (col 7, lines 1-5). It would have been obvious to a person of ordinary skill in the art at the effective filling date to modify Weston with the three way check valve of Fleischmann since three way check valves are a known substitute for multiple valves. The modification would not destroy the intended operation of the device and the Fleischmann three way valve assists with controlling movement of material ([0097]) similar to what is accomplished in Weston.
Regarding claim 2, Weston discloses wherein one end of the cylinder body is shrunk to form the suction port (figure 15, the syringe narrows to fit into smaller diameter section of 1038).
Regarding claim 3, Weston discloses wherein the chamber adjacent to the suction port forms a stopping part by reducing a diameter of the cylinder body (figure 15 depicts the volume of the chamber which extends and narrows and thus forms a reduction in diameter).
Regarding claim 4, Weston discloses wherein the airtight component is a plug ([0189], the piston is in the form of a plug), and wherein the airtight component is located at one end of the plunger rod facing the suction port (figure 15).
Regarding claim 5 Weston discloses wherein the airtight component is a ring (the piston is in the shape of a ring), and wherein the airtight component is disposed around a circumferential surface of the plunger rod (1020 is around the rod 1022), such that the airtight component radially abuts the inner peripheral wall of the cylinder body (figure 15).
Regarding claim 7, Weston discloses wherein the airflow passage is a T-shaped channel (1038 is T shaped), such that the first connecting port and the second connecting port are located at opposite ends in an X-direction (from 1035-1038 to the syringe), and the pressure detection port is located at an end in a Y-direction perpendicular to the X-direction (conduit leading to 1040, figure 15).
Regarding claim 8, Weston discloses wherein the through hole of the care component is connected to the second connecting port of the three-way valve by a connecting hose (1035, figure 15).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAI H WENG whose telephone number is (571)272-5852. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAI H WENG/Primary Examiner, Art Unit 3781
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