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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morris (US 4169472 A).
Regarding Claim 1, Morris discloses a pad ("surgical drape" Abstract) comprising:
a first portion ("reinforcing panel 22" col. 6 ln. 28; FIG. 1) having a plurality of layers ("one or more layers" col 6. ln 30) between a top side and a bottom side, the plurality of layers comprising at least a waterproof layer and an absorbent layer ("absorbent upper surface and liquid impervious lower surface" col. 6 ln. 32-33); and
a second portion ("liquid impervious bag means 32" col. 5 ln. 47-48; FIG. 1) secured to the first portion ("lower surface of said reinforcing panel being secured to the inner surface of retainer means 42 with adhesive 84" col. 9 ln. 2-4; FIG. 9), the second portion having a plurality of sides forming a pocket having an interior therein ("closed end 35, and side edge 36, 37" col. 7 ln. 21-22; FIGs. 5-6) and an opening ("open end 34" col. 7 ln. 21) adjacent the first portion (see FIG. 6) wherein the second portion is movable with respect to the first portion (see FIGs. 10-11).
Regarding Claims 2 & 12, Morris discloses the second portion is movable to a position such that the first portion is substantially perpendicular to the second portion (see FIG. 11).
Regarding Claim 3, Morris discloses the second portion has at least one side having a thickness substantially similar to the thickness of the first portion (see FIG. 9).
Regarding Claim 4, Morris discloses one or more adhesive portions to removably secure a bottom side of the pad to a surface ("drape is adhered to the patient's skin with adhesive 63" col. 9 ln. 27-28; FIG. 4).
Regarding Claim 5, Morris discloses the absorbent material is adjacent the top side and the waterproof layer is adjacent the bottom side ("absorbent upper surface and liquid impervious lower surface" col. 6 ln. 32-33).
Regarding Claim 6, Morris discloses the interior of the pocket is at least partially surrounded by a waterproof layer ("bag means must be made of material which is substantially liquid impervious" col. 7 ln. 11-13).
Regarding Claim 7, Morris discloses a supporting portion (the portion comprising "attachment 170" col. 5 ln. 12; FIG. 14) positioned between the first portion and the second portion across an opening of the pocket (col. 5 ln. 11-42; FIGs. 12 & 14).
Regarding Claim 8, Morris discloses the supporting portion is comprised of one or more of the plurality of layers of the first portion ("bag means 132 is first secured to main sheet 112 along line of attachment 170" col. 5 ln. 19-20; FIG. 14).
Regarding Claim 9, Morris discloses first portion is integrally formed with the second portion ("lower surface of said reinforcing panel being secured to the inner surface of retainer means 42 with adhesive 84" col. 9 ln. 2-4; FIG. 9).
Regarding Claim 10, Morris discloses the thickness of the first portion is substantially similar to the thickness of one of the plurality of sides of the pocket (see FIG. 9).
Regarding Claim 11, Morris discloses a pad ("surgical drape" Abstract) comprising: a first portion ("reinforcing panel 22" col. 6 ln. 28; FIG. 1) having a thickness defined between a top side and a bottom side (see FIGs. 6, 8, 10); the top side having an absorbent material or a waterproof material ("absorbent upper surface" col. 6 ln. 32-33); and a second portion ("liquid impervious bag means 32" col. 5 ln. 47-48; FIG. 1) movably secured to the first portion ("lower surface of said reinforcing panel being secured to the inner surface of retainer means 42 with adhesive 84" col. 9 ln. 2-4; FIG. 9) and having a plurality of sides defining a pocket having an interior ("closed end 35, and side edge 36, 37" col. 7 ln. 21-22; FIGs. 5-6), wherein the second portion is movable with respect to the first portion (see FIGs. 10-11).
Regarding Claim 13, Morris discloses the pocket has at least a waterproof layer surrounding a portion of the interior of the pocket ("bag means must be made of material which is substantially liquid impervious" col. 7 ln. 11-13).
Regarding Claim 14, Morris discloses the first portion has the absorbent material adjacent the top side and the waterproof material adjacent to the bottom side ("absorbent upper surface and liquid impervious lower surface" col. 6 ln. 32-33).
Regarding Claim 15, Morris discloses a splash guard ("strips 152 and 154 have flap portions 153 and 155" col. 4 ln. 36-37) extending vertically with respect to the first portion or the second portion ("flaps may be raised upwardly (as illustrated in phantom in FIG. 13) to a position which is at an angle to the upper surface of main sheet 112" col. 4 ln. 42-44; FIG. 13).
Regarding Claim 16, Morris discloses adhesive portions on the first portion for removably securing the bottom side of the first portion to a surface ("drape is adhered to the patient's skin with adhesive 63" col. 9 ln. 27-28; FIG. 4).
Regarding Claim 17, Morris discloses a supporting portion (the portion comprising "attachment 170" col. 5 ln. 12; FIG. 14) positioned between the first portion and the second portion (col. 5 ln. 11-42; FIGs. 12 & 14) and aiding in maintaining the pocket in an open position exposing the interior of the pocket ("Such attachment prevents the bent-over bottom ends from accidentally slipping out of bag means 132 and also tends to keep the mouth of the bag widely open for reception of liquid run-off" col. 5 ln. 36-40).
Regarding Claim 18, Morris discloses a pad ("surgical drape" Abstract) comprising: a first portion ("reinforcing panel 22" col. 6 ln. 28; FIG. 1)having a thickness defined between a top side and a bottom side (see FIGs. 6, 8, 10), the thickness comprised of a plurality of layers of material ("one or more layers" col 6. ln 30) wherein at least one of the plurality of layers is an absorbent material and a second layer of the plurality of layers of material is a waterproof layer ("absorbent upper surface and liquid impervious lower surface" col. 6 ln. 32-33); a second portion integrally formed with the first portion ("lower surface of said reinforcing panel being secured to the inner surface of retainer means 42 with adhesive 84" col. 9 ln. 2-4; FIG. 9), the second portion having at least two sides with each of the two sides having a thickness substantially similar to a thickness of the first portion (see FIG. 9), the second portion formed into a pocket having an interior therein ("closed end 35, and side edge 36, 37" col. 7 ln. 21-22; FIGs. 5-6), and further wherein the pocket is movable with respect to the first portion (see FIGs. 10-11).
Regarding Claim 19, Morris discloses adhesive portions on the bottom side of the first portion to secure the first portion to a surface ("drape is adhered to the patient's skin with adhesive 63" col. 9 ln. 27-28; FIG. 4); and a supporting portion (the portion comprising "attachment 170" col. 5 ln. 12; FIG. 14) positioned between the first portion and the second portion (col. 5 ln. 11-42; FIGs. 12 & 14), the supporting portion comprised of one or more of the plurality of layers of material extending between the first portion and the second portion ("bag means 132 is first secured to main sheet 112 along line of attachment 170" col. 5 ln. 19-20; FIG. 14).
Regarding Claim 20, Morris discloses the second portion has third and fourth sides fluidly sealed to the first side and the second side to form the interior of the pocket ("closed end 35, and side edge 36, 37" col. 7 ln. 21-22; FIGs. 5-6), and further wherein the second portion comprises a waterproof layer about at least a portion of the interior of the pocket ("bag means must be made of material which is substantially liquid impervious" col. 7 ln. 11-13).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The references provided on the attached PTO-892 form are considered relevant to applicant’s disclosure and are cited to further show the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cheng Fong "Ted" Yang whose telephone number is (571)272-8846. The examiner can normally be reached 10am - 6pm (EST) M-F.
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, Rebecca E. 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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/Adam Marcetich/Primary Examiner, Art Unit 3781
Cheng Fong "Ted" Yang
Examiner
Art Unit 3781