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 § 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.
Claims 1-5 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stanford et al. (US 20180250169 A1).
Regarding claim 1, Stanford et al. discloses a wound dressing (5 – figure 1, a two-part bandage: paragraph 0034) comprising: a base bandage (10 – figure 1, a first boundary portio20180250169, n: paragraph 0034) having a top surface (16 – figure 1, a top surface of the base bandage: paragraph 0034) and a bottom surface (18 – figure 1, a bottom surface of the base bandage: paragraph 0034), wherein the base bandage (10) is configured to adhere to a user's skin via the bottom surface (18) (figure 1, the bottom surface of the bandage [18] includes an adhesive that stick to the skin of the patient: paragraph 0034); and a top bandage (20a – figure 1, a replaceable wound covering portion: paragraph 0035) having a top surface (29 – figure 1, a top surface of the top bandage: paragraph 0035) and a bottom surface (28 – figure 1, a bottom surface of the top bandage: paragraph 0035), wherein the bottom surface of the top bandage (28) is configured to adhere to the top surface of the base bandage (16) (there is an adhesive on the bottom surface of the top bandage [28] that adheres to the top surface of the base bandage [16]: paragraph 0035).
Regarding claim 2, Stanford et al. discloses the invention as discussed in claim 1. Stanford et al. further discloses wherein the base bandage (10) comprises an opening (12 – figure 1, an open window: paragraph 0034) to expose a wound on the user's skin (the opening [12] is situated over the wound so that it is visible: paragraph 0006/0033-0034), and wherein the top bandage (20a) is configured to cover the wound (figure 1, the top bandage [20a] is adhered to the top surface of the base bandage [16] and covers the wound [by covering the opening {12}]: paragraph 0006/0033-0035).
Regarding claim 3, Stanford et al. discloses the invention as discussed in claim 2. Stanford et al. further discloses wherein the opening (12) is located at a center portion of the base bandage (10) (figure 1, the opening [12] is located at a center portion of the base bandage [10]; the opening [12] can also be different sizes and shapes: paragraph 0034).
Regarding claim 4, Stanford et al. discloses the invention as discussed in claim 1. Stanford et al. further discloses wherein the bottom surface of the base bandage (18) comprises a first adhesive configured to stick the base bandage to the user's skin (the bottom surface of the base bandage [18] comprises an adhesive that adheres to the user’s skin: paragraph 0034).
Regarding claim 5, Stanford et al. discloses the invention as discussed in claim 1. Stanford et al. further discloses wherein the bottom surface of the top bandage (28) comprises a second adhesive configured to stick the top bandage (20a) to the top surface of the base bandage (16) (the bottom surface of the top bandage [28] comprises an adhesive to adhere to the top surface of the base bandage [16]: paragraph 0035).
Regarding claim 7, Stanford et al. discloses the invention as discussed in claim 1. Stanford et al. further discloses wherein a size of the base bandage (10) is greater than a size of the top bandage (20a) (figure 1/2, it can be seen that the base bandage [10/110] is larger than the top bandage [20a/120a/120b/120c]: paragraph 0034-0037).
Regarding claim 8, Stanford et al. discloses a method to use a wound dressing (5 – figure 1, a two-part bandage that is applied to the user’s skin: paragraph 0033-0034), the method comprising: applying a base bandage (10 – figure 1, a first boundary portion: paragraph 0034) on a user's skin (the base bandage [10] is applied to the user’s skin via adhesive: paragraph 0034), wherein the base bandage (10) comprises a top surface (16 – figure 1, a top surface of the base bandage: paragraph 0034) and a bottom surface (18 – figure 1, a bottom surface of the base bandage: paragraph 0034), and wherein the base bandage (10) is configured to adhere to the user's skin via the bottom surface (18) (figure 1, the bottom surface of the bandage [18] includes an adhesive that stick to the skin of the patient: paragraph 0034); and applying a first top bandage (20a – figure 1, a replaceable wound covering portion: paragraph 0035) on the base bandage (10) (figure 1, the first top bandage [20a] is applied to the base bandage via adhesive: paragraph 0035), wherein the first top bandage (20a) comprises a top surface (29 – figure 1, a top surface of the top bandage: paragraph 0035) and a bottom surface (28 – figure 1, a bottom surface of the top bandage: paragraph 0035), and wherein the bottom surface of the first top bandage (28) is configured to adhere to the top surface of the base bandage (16) (there is an adhesive on the bottom surface of the top bandage [28] that adheres to the top surface of the base bandage [16]: paragraph 0035).
Regarding claim 9, Stanford et al. discloses the method as discussed in claim 8. Stanford et al. further discloses removing the first top bandage (20a) by detaching the first top bandage (20a) from the base bandage (10) (figure 1, the first top bandage [20a] can removed from the base bandage [10]: paragraph 0036); and applying a second top bandage (20b – figure 1, a second replaceable wound covering portion: paragraph 0036) on the base bandage (10) (figure 1, the second top bandage [20b] can replace the first top bandage [20a] and adhere to the base bandage [10]: paragraph 0036).
Regarding claim 10, Stanford et al. discloses the method as discussed in claim 8. Stanford et al. further discloses wherein the base bandage (10) comprises an opening (12 – figure 1, an open window: paragraph 0034) to expose a wound on the user's skin (the opening [12] is situated over the wound so that it is visible: paragraph 0006/0033-0034), and wherein the first top bandage (20a) is configured to cover the wound (figure 1, the top bandage [20a] is adhered to the top surface of the base bandage [16] and covers the wound [by covering the opening {12}]: paragraph 0006/0033-0035).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Stanford et al. (US 20180250169 A1) in view of Conte (US 5772623 A).
Regarding claim 6, Stanford et al. discloses the invention as discussed in claim 1.
However, Stanford et al. fails to disclose wherein the base bandage comprises one or more tabs disposed at corners of the base bandage.
Conte teaches wherein an analogous base bandage (10 – figure 1a, a rectangular wound dressing with a pressure sensitive adhesive and cotton pad: column 2, lines 58-67/column 3, lines 1-7) comprises one or more tabs (22 – figure 1a, tabs: column 3, lines 4-17) disposed at corners of the analogous base bandage (10) (figure 1a, the one or more tabs [22] are disposed at corners of the base bandage [10]: column 3, lines 4-17).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the base bandage of Stanford et al. with one or more tabs disposed at corners of the base bandage as taught by Conte in order to provide a wound dressing that has an improved base bandage to allow users to grasp onto the tabs and easily remove the bandage from the skin (column 1, lines 39-42 & lines 64-67/column 2, lines 1-8, Conte).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW JUN-WAI MOK whose telephone number is (703)756-4605. The examiner can normally be reached 8am-4pm.
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/ANDREW JUN-WAI MOK/
Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786