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 filed May 31, 2024 has been received and made of record. Note the acknowledged form PTO-1449 enclosed herewith.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it includes “The subject invention to”, which ca be implied. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 5 is objected to because of the following informalities: claim 5, line 32, “and” should read --, and further comprises--; claim 5, line 36, “and a” should read --, and further comprises a--; and claim 5, lines 42 “the elements” should read --elements--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “highly” absorbent in claim 1 is a relative term which renders the claim indefinite. The term “highly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the phrase “highly absorbent” is indefinite in that the degree of absorbency cannot be ascertained.
Regarding claim 8, line 1, “the adhesive portion” in line 1 lacks proper antecedent basis.
Regarding claim 12, line 2, “the slits” lack proper antecedent basis.
Regarding claim 12, the recitation of the claims cell foam is indefinite in that it is unclear as to which layer of closed cell foam Applicant refers.
The remaining claims are necessarily rejected by virtue of their dependence either directly or indirectly on claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 15 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 15, which depends on claim 11 recites “independently wrapping the top dressing closed cell foam and bottom dressing closed cell foam is wrapped around the surgical tube”; thus, the recitation of “the closed form is wrapped around the surgical tube” does not further limit claim 11. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: wound dressings for creating an air tight seal around a wound, comprising a top dressing layer, closed cell foam, a release liner and hydrogel are known as demonstrated by U.S. Patent No. 4,909,244 to Quarfoot et al., U.S. Patent Application Publication No. 2011/0295173 to Wright et al., U.S. Patent No. 8,710,289 to Russell et al., and U.S. Patent Application No. 2022/0184294 to Locke et al.
U.S. Patent No. 4,917,112 to Kalt, U.S. Patent No. 5,000,741 to Kalt and U.S. Patent No. 5,308,339 to Kalt et al. disclose dressings with a slit to wrap around a tube.
The prior art fails to teach, suggest or render obvious the combination of elements specifically presented in claim 1, including a bottom dressing layer comprising a bottom dressing closed cell foam; a first bottom dressing hydrogel; a bottom dressing closure carrier; a second bottom dressing hydrogel; (i) a bottom dressing release liner, in combination with a combined liner between a top dressing layer and the bottom dressing layer as presented in claim 1. Further, it would not have been obvious to combine the elements recited in the top dressing layer and the bottom dressing layer, to arrive at Applicants’ recited invention in claim 1, other than hindsight reasoning.
Claims 2-20, which depend from claim 1 further contain allowable subject matter by virtue of their dependence upon claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIM M LEWIS whose telephone number is (571)272-4796. The examiner can normally be reached Monday -Friday 5:30 am -11:30 am.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at (571)270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIM M LEWIS/Primary Examiner, Art Unit 3786