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 .
Election/Restrictions
Claim 29 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention of group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 14, 2026.
Response to Amendment
The claims were amended prior to examination the following claims are pending 1-3, 5-6, 8-12, 14-15 19-20, 24-29. Claim 29 has been withdrawn due to the election of group 1. Claims 4, 7, 13, 16-18, 21-23, 30 were cancelled prior to examination.
Regarding claim 1, Long discloses a system for treating a tissue site with negative pressure (abstract), comprising: a dressing configured to be positioned at the tissue site [0038]; a negative-pressure source configured to supply the negative pressure to the dressing through a fluid pathway [0038-39]; a micropump configured to be positioned in fluid communication with the fluid pathway; and a controller associated with the micropump and configured to generate an alert signal if a deviation condition is met in an actual operating frequency of the micropump.
2. (Original) The system of claim 1, wherein the micropump is configured to be positioned in fluid communication between the dressing and the negative-pressure source in series such that the negative pressure from the negative-pressure source is supplied to the dressing through the micropump.
3. (Original) The system of claim 1, wherein the negative-pressure source is configured to supply the negative pressure to the dressing entirely through the micropump.
4. (Canceled).
5. (Original) The system of claim 1, wherein an intake of the micropump is configured to be directly exposed to a liquid in the fluid pathway.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-3,5-6, 8-11, 14-15, 19-20 and 24-28 are rejected under 35 U.S.C. 103 as being unpatentable over Long US 20210060216 A1 hereafter referred to as Long-216 in view of Long US 2021/0008259 hereafter referred to as Long-259.
Regarding claim 1, Long-216 discloses a system for treating a tissue site with negative pressure (abstract), comprising: a dressing configured to be positioned at the tissue site [0038]; a negative-pressure source configured to supply the negative pressure to the dressing through a fluid pathway [0038-39]; a pump configured to be positioned in fluid communication with the fluid pathway [0042]; and a controller [0048] associated with the pump and configured to generate an alert signal if a deviation condition is met in an actual operating frequency of the pump [0082].
Long-216 fails to disclose the pump is a micropump.
Long-259 also teaches a negative pressure wound dressing (abstract) thereby being in the same field of endeavor as the instant application and Long-216. Long-259 teaches the pump can be a micropump [0042].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to have used a micropump as Long-259 teaches it is known variate in the types of available pumps to use with a negative pressure wound therapy system, therefore exchanging one known pump for another would have been obvious to try.
Regarding claim 2, Long-216 in view of Long-259 discloses positioned in fluid communication between the dressing and the negative-pressure source in series such that the negative pressure from the negative-pressure source is supplied to the dressing through the micropump Long-216 [0046].
Regarding claim 3, Long-216 in view of Long-259 wherein the negative-pressure source is configured to supply the negative pressure to the dressing entirely through the micropump Long-216 [0046].
Regarding claim 5, Long-216 in view of Long-259 1, wherein an intake of the micropump is configured to be directly exposed to a liquid in the fluid pathway Long-216 [0046].
Regarding claim 6, Long-216 in view of Long-259 wherein the micropump is a first micropump, and wherein the system further comprises a second micropump in fluid communication with the first micropump and the fluid pathway (Long-216 [0043] discloses multiple pumps can be used), wherein an intake of the first micropump is configured to be directly exposed to a liquid in the fluid pathway (Long-216 [0046] discloses the pump can be directly in line with the dressing i.e. fluid pathway without a filter) , and wherein an intake of the second micropump is configured to be isolated from the liquid by a liquid-impermeable membrane (Long [0043-0046] disclose the use of multiple pumps and that filters can be in-line to protect the pump or removed as such the use of more than one pump and using and not using filter is disclosed).
Regarding claim 8, Long-216 fails to disclose further comprising a housing including a first cavity fluidly isolated from a second cavity by a walled portion, wherein the micropump is positioned in the first cavity, and wherein the controller is positioned in the second cavity.
Long-259 also teaches a negative pressure wound dressing (abstract) thereby being in the same field of endeavor as the instant application and Long-216. Long-259 teaches the pump housing in detail which Long-216 only mentions in passing. Long-259 teaches the housing can have a first or therapy cavity (503) which houses the pump and second or component cavity (504) which houses the controller/ electrical components Long-259 [0089-90].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to have used a specific pump and controller housing set up as taught by Long-259 as Long-216 has the same components but limited details on the structure of the housing those components are placed into. As such using a well-known housing system for the same parts would have been obvious to try with a reasonable expectation of success.
Regarding claim 9, Long-216 in view of Long-259 wherein the second cavity further comprises a power source Long-259 [0096] and a wireless communications interface Long-259 [0097].
Regarding claim 10, Long-216 in view of Long-259 wherein the first cavity is configured to be positioned in fluid communication with the fluid pathway Long-259 [0093].
Regarding claim 11, Long-216 in view of Long-259 wherein the housing includes a flanged portion surrounding the first cavity Long-259 [0091].
Regarding claim 14, Long-216 in view of Long-259 wherein the micropump is configured to be fluidly coupled to the fluid pathway through one or more of a cover of the dressing Long-216 [0038], an in-line conduit between the dressing and the negative-pressure source, a fluid canister between the negative- pressure source and the dressing Long-216 [0040], and a bridge (or filter) between the negative-pressure source and the dressing Long-216 [0044].
Regarding claim 15, Long-216 in view of Long-259 wherein the controller is configured to determine the deviation condition by: monitoring the actual operating frequency of the micropump; comparing the actual operating frequency to a target frequency; and determining the deviation condition in response to the actual operating frequency deviating from the target frequency Long-216 [0082].
Regarding claim 19, Long-216 in view of Long-259, wherein the controller is configured to determine the deviation condition by: monitoring the actual operating frequency of the micropump; determining a difference between the actual operating frequency and a target frequency of the micropump; calculating an absolute value of the difference; determining whether the absolute value of the difference exceeds a frequency difference threshold; and determining the deviation condition in response to the absolute value of the difference exceeding the frequency difference threshold Long-216 [0081-82].
Regarding claim 20, Long-216 discloses system for providing negative-pressure wound therapy (abstract), comprising :a dressing configured to be fluidly coupled to a negative-pressure source Long-216 [0038], comprising: a controller Long-216 [0054], and a pump operatively associated with the controller Long-216 [0056]; wherein the controller is configured to: monitor an actual operating frequency of the micropump, compare the actual operating frequency to a target frequency, determine whether a deviation condition is met when the actual operating frequency deviates from the target frequency Long-216 [0081-82], and generate an alert signal if the deviation condition is met Long-216 [0051].
Long-216 fails to disclose a liquid-detection sensor module configured to be fluidly coupled to a fluid pathway between the dressing and the negative-pressure source and that the pump is a micropump.
Long-259 also teaches a negative pressure wound dressing (abstract) thereby being in the same field of endeavor as the instant application and Long-216. Long-259 teaches the pump can be a micropump [0042]. Long-259 also discloses liquid sensor to determine the type of fluid so the controller can stop therapy or change therapy depending on the settings Long-259 [0100].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to have used a micropump as Long-259 teaches it is known variate in the types of available pumps to use with a negative pressure wound therapy system, therefore exchanging one known pump for another would have been obvious to try. Additionally, it would have been obvious to have added a fluid sensor to provide additional feedback and alter device performance if needed depending on the programing and fluid type so better wound care can be accomplished
Regarding claim 24, Long-216 in view of Long-259 wherein the controller is further configured to: determine a difference between the actual operating frequency and the target frequency; calculate an absolute value of the difference; determine whether the absolute value of the difference exceeds a frequency difference threshold; and determine that the deviation condition is met if the absolute value of the difference exceeds the frequency difference threshold Long-216 [0081-82] which discloses being able to determine if the frequency is out of range and as such the difference between the two must be calculated).
Regarding claim 25, Long-216 in view of Long-259 25. (Original) The system of claim 20, wherein the controller is further configured to send the alert signal to one or both of a user device and a therapy unit Long-216 [0051].
Regarding claim 26, Long-216 in view of Long-259 wherein the therapy unit is configured to: receive the alert signal Long-216 [0051]; and shut off a negative-pressure source of the therapy unit in response to receiving the alert signal Long-216 [0087].
Regarding claim 27, Long-216 in view of Long-259 wherein the therapy unit is configured to: receive the alert signal Long-216 [0051]; and generate a user notification in response to receiving the alert signal Long-216 [0087].
Regarding claim 28, Long-216 in view of Long-259 further comprising: a user device operatively coupled to the controller Long-216 [0051] which notes a user display; wherein the controller is further configured to: send the alert signal to the user device; wherein the user device is configured to: receive the alert signal, and generate a user notification in response to receiving the alert signal Long-216 [0051] and fig 7 which shows how the processor/ controller takes the information from the sensors and the determines if the user needs to take action as well as display relevant information about the functioning of the device.
Allowable Subject Matter
Claim 12 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: The prior art above and in general fail to teach a flange with a plurality of adhesive layers with release liners therebetween. While Long-259 [0071] teaches the flange may have adhesive and a release paper is common in the art (think adhesive bandages all have a release paper), prior art having multiple stacked adhesive layers with release papers therebetween was not found and no motivation for duplication could be found.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIELLA E BURNETTE whose telephone number is (571)272-9574. The examiner can normally be reached M-S: 0830-1900 EST.
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/GABRIELLA E BURNETTE/Examiner, Art Unit 3781 /REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781
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