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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/23/2026 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The amendments made to claims 1, 4-5, and 18 in the response filed on 4/23/2026 are acknowledged. Claims 1-2, 4-7, 10-16, 18-22, 24-25, 28, and 30-31 are still pending in the application and are examined below.
Response to Arguments
Applicant’s arguments with respect to claim 1 (pages 5-8, filed on 4/23/2026) have been considered but are moot because the new ground of rejections does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument; new references Shaw et al. (US 20130197460 A1) was used for the 35 U.S.C 102(a)(1) rejection for claim 1 while Cotton (US 20160067107 A1), Locke et al. (US 20200121509 A1), and Adie et al. (WO 2011135286 A1) were used for the 35 U.S.C. 103 rejections for claim 1.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first and second surface of the wound contact layer, first and second surface of the superabsorbent layer, first and second surface of the foam layer, border region, non-adhesive central region, foam first adhesive layer, and foam second adhesive layer must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 13 objected to because of the following informalities: “wherein the adhesive layer” should be “wherein the wound-site adhesive layer” in lines 2-3. Appropriate correction is required.
Claim 14 objected to because of the following informalities: “the adhesive layer” should be “the wound-site adhesive layer” in line 1. Appropriate correction is required.
Claim 15 objected to because of the following informalities: “the adhesive layer” should be “the wound-site adhesive layer” in lines 1-2. Appropriate correction is required.
Claim 16 objected to because of the following informalities: “the adhesive layer” should be “the wound-site adhesive layer” in lines 1-2. Appropriate correction is required.
Claim 21 objected to because of the following informalities: “The wound dressing of claim 3” should be “The wound dressing of claim [[3]] 1” in line 1. Appropriate correction is required.
Claim 22 objected to because of the following informalities: “The wound dressing of claim 3” should be “The wound dressing of claim [[3]] 1” in line 1. Appropriate correction is required.
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, 13, 18-19, and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shaw et al. (US 20130197460 A1).
Regarding claim 1, Shaw et al. discloses a wound dressing (figure 1, a wound dressing: paragraph 0029) comprising: a backing layer (12 – figure 1, a thin film backing: paragraph 0029); a wound contact layer (4 – figure 1, a wound contacting layer: paragraph 0029) having a first surface for directly contacting a wound bed (A – see annotated figure 1, a first surface of the wound contact layer that contacts the wound bed) and a second surface facing the backing layer (B – see annotated figure 1, a second surface of the wound contact layer that faces the backing layer [12]), the wound contact layer (4) comprising gel forming fibers (the wound contact layer [4] comprises gel forming fibers: paragraph 0010-0016); a superabsorbent layer (a textile layer that can contain superabsorbent components such as cross-linked sodium polyacrylate or be made from superabsorbent fiber such as polyacrylate: paragraph 0019), wherein the superabsorbent layer (textile layer) is located between the backing layer (12) and the second surface of the wound contact layer (B) (see annotated figure 1, the superabsorbent layer [textile layer] can be positioned between the wound contact layer [4] and the foam layer [6 – figure 1]; therefore, the superabsorbent layer [textile layer] is positioned between the backing layer [12] and the second surface of the wound contact layer [B]: paragraph 0019); and a foam layer (6 – figure 1, a foam layer: paragraph 0029) located between the backing layer (12) and the second surface of the wound contact layer (B) (see annotated figure 1, the foam layer [6] is between the backing layer [12] and the second surface of the wound contact layer [B]); wherein the superabsorbent layer (textile layer) comprises a blend of sodium polyacrylate fibres and polyester fibres (the superabsorbent layer [textile layer] comprises polyester and superabsorbent components such as cross linked sodium polyacrylate or may be made from a superabsorbent fiber such as polyacrylate: paragraph 0019).
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Annotated figure 1: wound dressing of Shaw et al.
Regarding claim 5, Shaw et al. discloses the invention as discussed in claim 1. Shaw et al. further discloses wherein the foam layer (6) is located between the backing layer (12) and the superabsorbent layer (textile layer) (figure 1, the superabsorbent layer [textile layer] can be positioned between the wound contact layer [4] and the foam layer [6 – figure 1]; therefore, the foam layer [6] is located between the backing layer [12] and the superabsorbent layer [textile layer]: paragraph 0019).
Regarding claim 13, Shaw et al. discloses the invention as discussed in claim 1. Shaw et al. further discloses comprising a wound-site adhesive layer (10 – figure 1, an adhesive that surrounds the absorbent component [2 – figure 1], which comprises the wound contact layer [4] and foam layer [6]: paragraph 0029) for adhering the wound dressing (figure 1) at a wound site (the wound-site adhesive layer [10] adheres the dressing [figure 1] to the wound: paragraph 0021), wherein the adhesive layer (10) comprises a border region (H – see annotated figure 1, border region of the adhesive layer [10]) which surrounds the wound contact layer (4) (see annotated figure 1, the border region [H] surrounds the wound contact layer [4]).
Regarding claim 18, Shaw et al. discloses the invention as discussed in claim 1. Shaw et al. further discloses wherein the foam layer (6) comprises a first, wound facing surface (E – see annotated figure 1, a wound facing surface) and a second, backing layer facing surface (F – see annotated figure 1, a backing layer facing surface), the foam layer first surface (E) comprising a foam first adhesive layer (8 – figure 1, an adhesive that bonds the wound contact layer [4] to the foam layer [6]: paragraph 0029).
Regarding claim 19, Shaw et al. discloses the invention as discussed in claim 18. Shaw et al. further discloses wherein the second surface (F) comprises a foam second adhesive layer (14 – figure 1, an adhesive that bonds the foam layer [6] to the backing layer [12]: paragraph 0029).
Regarding claim 24, Shaw et al. discloses the invention as discussed in claim 1. Shaw et al. further discloses wherein the wound contact layer (4) comprises a cellulose fiber (the wound contact layer [4] comprises cellulose fibers: paragraph 0010-0016).
Regarding claim 25, Shaw et al. discloses the invention as discussed in claim 24. Shaw et al. further discloses wherein the wound contact layer (4) comprises carboxymethylated cellulose fibers (the wound contact layer [4] comprises sodium carboxymethylcellulose fibres; the degree of substitution of the carboxymethylated cellulose gel forming fibres is preferably at least 0.2 carboxymethyl groups per cellulose unit, more particularly between 0.3 and 0.5: paragraph 0012-0013).
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.
Claims 1, 13-14, 28, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Cotton (US 20160067107 A1) in view of Locke et al. (US 20200121509 A1) and in further view of Adie et al. (WO 2011135286 A1).
Regarding claim 1, Cotton discloses a wound dressing (1 – figure 2, a wound dressing: paragraph 0060) comprising: a backing layer (11 – figure 2, a backing layer made of microporous polyurethane film: paragraph 0060); a wound contact layer (14 – figure 2, a wound-facing square sheet of gelling material knitted from a blended alginate/Tencel yarn material: paragraph 0061) having a first surface for directly contacting a wound bed (AA – see annotated figure 2, first surface contacting wound bed) and a second surface facing the backing layer (AB – see annotated figure 2, a second surface facing the backing layer [11]), the wound contact layer (14) comprising gel forming fibers (the wound contact layer [14] is made of gelling fibres: paragraph 0009-0011/0061); a superabsorbent layer (13 – figure 2, a sheet of superabsorbent material: paragraph 0061), wherein the superabsorbent layer (13) is located between the backing layer (11) and the second surface of the wound contact layer (AB) (see annotated figure 2, the superabsorbent layer [13] is located between the backing layer [11] and second surface of the wound contact layer [AB]).
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Annotated figure 2: wound dressing of Cotton
However, Cotton fails to disclose a foam layer located between the backing layer and the second surface of the wound contact layer; wherein the superabsorbent layer comprises a blend of sodium polyacrylate fibres and polyester fibres.
Locke et al. teaches a foam layer (210 – see annotated figure 3, a second layer comprising of a foam: paragraph 0071/0078) located between an analogous backing layer (125 – see annotated figure 3, a cover that provides bacterial barrier and protection from physical trauma: paragraph 0056) and the second surface of an analogous wound contact layer (AC – see annotated figure 3, a second surface of the wound contact layer: paragraph 0020/0085) (see annotated figure 3, the foam layer [210] is between the backing layer [125] and the second surface of the wound contact layer [AC]).
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Annotated figure 3: wound dressing of Locke et al.
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 included a foam layer located between the backing layer and the second surface of the wound contact layer of Cotton as taught by Locke et al. in order to provide an improved wound dressing that maintains the structural integrity of the dressing and provide support to the wound contact layer (paragraph 0078, Locke et al.).
However, Cotton in view of Locke et al fails to disclose wherein the superabsorbent layer comprises a blend of sodium polyacrylate fibres and polyester fibres.
Adie et al. teaches wherein an analogous superabsorbent layer (110 – figure 1, a layer of absorbent material which comprises superabsorbent material: page 9, lines 4-29) comprises a blend of sodium polyacrylate fibres and polyester fibres (the superabsorbent layer [110] can comprise a mixture of absorbent fibers and absorbent particles such as polyester fibers and sodium polyacrylate fibers: page 9, lines 17-29).
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 superabsorbent layer of Cotton in view of Locke et al. with a blend of sodium polyacrylate fibres and polyester fibres as taught by Adie et al. in order to provide a wound dressing that has an improved superabsorbent layer that can absorb multiple of its own weight of liquids (page 9, lines 23-29).
Regarding claim 13, Cotton in view of Locke et al. and in further view of Adie et al. discloses the invention as discussed in claim 1. Cotton further discloses a wound-site adhesive layer (16 – figure 2, a silicone gel skin contact layer that contacts the skin around the edge of the wound: paragraph 0062-0063) for adhering the wound dressing (1) at a wound site (figure 2, the wound-site adhesive layer [16] contacts the skin around the edge of the wound: paragraph 0062-0063), wherein the adhesive layer (16) comprises a border region (AD – see annotated figure 2, a border region of the adhesive layer) which surrounds the wound contact layer (14) (see annotated figure 2, the border region [AD] surround the wound contact layer [14]).
Regarding claim 14, Cotton in view of Locke et al. and in further view of Adie et al. discloses the invention as discussed in claim 13. Cotton further discloses wherein the adhesive layer (16) extends continuously across the first surface of the wound contact layer (AA) (the adhesive layer [16] can extend across the whole extent of the underside of the wound dressing [1]: paragraph 0071).
Regarding claim 28, Cotton in view of Locke et al. and in further view of Adie et al. discloses the invention as discussed in claim 1. Cotton further discloses wherein the backing layer (11) comprises a polyurethane material (the backing layer [11] is made of microporous polyurethane film: paragraph 0060)
Regarding claim 30, Cotton in view of Locke et al. and in further view of Adie et al. discloses the invention as discussed in claim 1.
However, Cotton in view of Locke et al. and in further view of Adie et al. fails to explicitly disclose wherein the ratio of the sodium polyacrylate fibres and polyester fibres is between 40:60 to 55:45.
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 optimized the ratio of the sodium polyacrylate fibres and polyester fibres to be between 40:60 to 55:45 so that the superabsorbent layer can absorb multiple of its own weight of body fluids (page 9, lines 23-29, Adie et al.), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, applicant places no criticality on the range claimed, indicating simply that ratio “may be” within the claimed ranges (written specification: page 24, lines 16-19).
Claims 2, 15, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Shaw et al. (US 20130197460 A1) in view of Cotton (GB 2527617 A).
Regarding claim 2, Shaw et al. discloses the invention as discussed in claim 1.
However, Shaw et al. fails to disclose wherein the superabsorbent layer has an outer profile and the wound contact layer has a corresponding outer profile which is in register with the outer profile of the superabsorbent layer.
Cotton teaches wherein an analogous superabsorbent layer (110 – figure 3, the absorbent body can contain a superabsorbent material: page 15, lines 17-18) has an outer profile and an analogous wound contact layer (120 – figure 3, a perforated film: page 25, lines 15-21) has a corresponding outer profile which is in register with the outer profile of the analogous superabsorbent layer (figure 3, the superabsorbent layer [110] and wound contact layer [120] are both substantially rectangular and are of identical length and width; they are both bonded together [aligned]: page 25, lines 15-21).
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 modified the outer profile of the superabsorbent layer and the outer profile of the wound contact layer of Shaw et al. to be in register with each other as taught by Cotton in order to provide an improved wound dressing that maintains structural integrity of the laminate during use (page 18, lines 4-24, Cotton).
Regarding claim 15, Shaw et al. discloses the invention as discussed in claim 13.
However, Shaw et al. further discloses wherein the adhesive layer comprises perforations.
Cotton teaches wherein an analogous adhesive layer (130 – figure 3, a skin contact layer comprising of silicone gel: page 25, lines 23-27) comprises perforations (135 – figure 2/figure 3, the adhesive layer [130] are also formed with perforations: page 26, lines 23-27).
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 adhesive layer of Shaw et al. with perforations as taught by Cotton in order to provide a wound dressing that has an improved adhesive layer that increases breathability of the border regions of the dressing and to reduce likelihood of maceration of healthy pen-wound skin (page 26, lines 23-30, Cotton).
Regarding claim 28, Shaw et al. discloses the invention as discussed in claim 1.
However, Shaw et al. fails to disclose wherein the backing layer comprises a polyurethane material.
Cotton teaches wherein analogous backing layer (140) comprises a polyurethane material (the backing layer [140] can be made of polyurethane film: page 21, lines 9-10).
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 modified the backing layer of Shaw et al. to comprise a polyurethane material as taught by Cotton in order to provide a wound dressing that has an improved backing layer that promotes breathability (page 21, lines 1-16, Cotton).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shaw et al. (US 20130197460 A1) in view of Rivest (US 20190192352 A1).
Regarding claim 4, Shaw et al. discloses the invention as discussed in claim 1.
However, Shaw et al. fails to disclose wherein the foam layer has a foam layer outer profile which corresponds with and is in register with an outer profile of the superabsorbent layer.
Rivest et al. teaches wherein an analogous foam layer (16a – figure 3, a foam layer made of polyvinyl alcohol foam: paragraph 0042) has a foam layer outer profile which corresponds with and is in register with an outer profile of an analogous superabsorbent layer (16 – figure 3, a layer that is made of silicone in combination with superabsorbent polymers: paragraph 0037/0042) (figure 3, the foam layer [16a] and superabsorbent layer [16] have the same outer profile and are aligned with each other).
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 modified the outer profile of the foam layer and the outer profile of the superabsorbent layer of Shaw et al. to be in register with each other as taught by Rivest et al. in order to provide an improved wound dressing that has additional cushioning or padding to promote comfort while using the wound dressing (paragraph 0042, Rivest).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Shaw et al. (US 20130197460 A1) in view of Riesinger (WO 2009019229 A2).
Regarding claim 6, Shaw et al. discloses the invention as discussed in claim 1.
However, Shaw et al. fails to discloses wherein the superabsorbent layer comprises non-woven fibers.
Riesinger teaches wherein an analogous superabsorbent layer (1 – figure 1a, an absorbent core that is in a form of an airlaid mat and comprises fibers and superabsorbent polymers: paragraph 0108/0140) comprises non-woven fibers (the term “airlaid” refers to a special nonwoven fabric made of cellulose and polyolefin fibers: paragraph 0108/0140).
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 superabsorbent layer of Shaw et al. with non-woven fibers as taught by Riesinger in order to provide a wound dressing that has an improved superabsorbent layer to allow the superabsorbent fibers to be processed into nonwovens easily and allow the superabsorbent fibers within the superabsorbent layer to be brought much closer to the wound bed (paragraph 0046, Riesinger).
Regarding claim 7, Shaw et al. in view of Riesinger discloses the invention as discussed in claim 6. Riesinger further teaches wherein the analogous superabsorbent layer (1) comprises non-woven fibers only (the superabsorbent layer [1/14] is made of only the nonwoven fabric [consisting of cellulose and polyolefin fibers]: paragraph 0108/0140).
Claims 10-12 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Shaw et al. (US 20130197460 A1) in view Hoggarth et al. (US 20180125722 A1).
Regarding claim 10, Shaw et al. discloses the invention as discussed in claim 1. Shaw et al. further discloses wherein the superabsorbent layer (textile layer) comprises a first surface facing the wound contact layer (4) and a second surface facing the backing layer (12) (the superabsorbent layer [textile layer] can be positioned between the wound contact layer [4] and the foam layer [6]; there is a first surface that faces the wound contact layer [4] and a second surface that faces the backing layer [12]).
However, Shaw et al. fails to disclose the superabsorbent layer first surface comprising an intra-layer adhesive.
Hoggarth et al. teaches an analogous superabsorbent layer first surface (D – see annotated figure 4, first surface of the superabsorbent layer facing the wound contact layer [2 – see annotated figure 4]: paragraph 0095) comprising an intra-layer adhesive (3 – see annotated figure 4, a layer of meltable adhesive: paragraph 0095).
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Annotated figure 4: wound dressing of Hoggarth et al.
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 first surface of the superabsorbent layer of Shaw et al. with an intra-layer adhesive as taught by Hoggarth et al. in order to provide a wound dressing that has an improved first surface to ensure that the layers of the dressings have a strong bond and will not break when the dressings get with wound fluid during use (paragraph 0097, Hoggarth et al.).
Regarding claim 11, Shaw et al. in view of Hoggarth et al. discloses the invention as discussed in claim 10. Shaw et al. further discloses wherein the superabsorbent layer second surface is configured to be movable relative to the backing layer (12) (the second surface of the superabsorbent layer is capable of moving relative to the backing layer [12] because the superabsorbent layer’s [textile layer] function is to limit distortion of the foam layer [6] as it expands on absorption of exudate: paragraph 0019).
Regarding claim 12, Shaw et al. in view of Hoggarth et al. discloses the invention as discussed in claim 10. Shaw et al. further discloses wherein the superabsorbent layer (textile layer) contacts the backing layer (12) (figure 1, the superabsorbent layer [textile layer] contacts the backing layer [12] via the foam layer [6] and adhesive [14]) and wherein the backing layer (12) comprises an adhesive border region (10 – figure 1, an adhesive that surrounds the absorbent component [2 – figure 1], which comprises the wound contact layer [4] and foam layer [6]: paragraph 0029) which surrounds a non-adhesive central region (C – see annotated figure 1, a central region free of adhesives) in which the superabsorbent layer (textile layer) is located fully within such that the superabsorbent layer (textile layer) is not adhered to the backing layer (12) (see annotated figure 1, the superabsorbent layer [textile layer] is not adhered to the backing layer [12] since it is between the wound contact layer [4] and foam layer [6]; the adhesive border region [10] surrounds the absorbent component [2] and does not cover the central region [C], which allows the superabsorbent layer [textile layer] to be fully within the adhesive border region [10]: paragraph 0029).
Regarding claim 16, Shaw et al. in view of Hoggarth et al. discloses the invention as discussed in claim 12. Shaw et al. further discloses wherein the adhesive layer (10) comprises a silicone adhesive (the adhesive layer [10] is preferably a silicone adhesive: paragraph 0022).
Regarding claim 31, Shaw et al. discloses the invention as discussed in claim 1.
However, Shaw et al. fails to disclose wherein the superabsorbent layer is adhered directly or indirectly to the wound contact layer, wherein the dressing further comprises a scatter coat adhesive to provide the adherence of the superabsorbent layer to the wound contact layer.
Hoggarth et al. teaches wherein an analogous superabsorbent layer (4 – see annotated figure 4, a layer of absorbent material comprising superabsorbent material: paragraph 0014/0095) is adhered directly or indirectly to the wound contact layer (2 – see annotated figure 4, a layer of wicking material that acts as a wound contact layer: paragraph 0095), wherein an analogous dressing (1 – see annotated figure 4, a wound dressing: paragraph 0095) further comprises a scatter coat adhesive (3 – see annotated figure 4, a layer of meltable adhesive that is in powder form: paragraph 0080/0095) to provide the adherence of an analogous superabsorbent layer (4) to an analogous wound contact layer (2) (see annotated figure 4, the superabsorbent layer [4] is bonded to the wound contact layer [2] via the scatter coat adhesive: paragraph 0080/0095).
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 dressing of Shaw with a scatter coat adhesive that provides adherence of the superabsorbent layer to the wound contact layer as taught by Hoggarth et al. in order to provide an improved wound dressing to ensure that the layers of the dressings have a strong bond and will not break when the dressings get with wound fluid during use (paragraph 0097, Hoggarth et al.).
Claim 20 is are rejected under 35 U.S.C. 103 as being unpatentable over Shaw et al. (US 20130197460 A1) in view Collinson et al. (US 20160120706 A1).
Regarding claim 20, Shaw et al. discloses the invention as discussed in claim 19.
However, Shaw et al. fails to disclose wherein the foam layer and superabsorbent layer are adhered together.
Collinson et al. teaches wherein an analogous foam layer (3930 – figure 4C, an absorbent layer that can be manufactured from ALLEVYN™ foam: paragraph 0386/0396) and an analogous superabsorbent layer (3940 – figure 4C, an acquisition distribution layer that can comprise of a superabsorbent polymer [SAP]: paragraph 0264/0396) are adhered together (figure 4C, the foam layer [3930] is adhered to the superabsorbent layer [3940] via adhesive layer [3970 – figure 4C]: paragraph 0397).
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 modified the foam layer and superabsorbent layer of Shaw et al. to be adhered together as taught by Collinson et al. in order to provide an improved wound dressing that maintains layer alignment before and during use (paragraph 0396-0397, Collinson et al.).
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Shaw et al. (US 20130197460 A1) in view Gergonne et al. (US 20160166726 A1).
Regarding claim 21, Shaw et al. discloses the invention as discussed in claim 1.
However, Shaw et al. fails to disclose wherein the foam layer is an aliphatic foam or a methylene diphenyl disoocyanate foam.
Gergonne et al. teaches wherein an analogous foam layer (4 – figure 1, an absorbent material: paragraph 0158-0159) is an aliphatic foam or a methylene diphenyl disoocyanate foam (the foam layer [4] can be an aliphatic polyurethane foam: paragraph 0121-0122).
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 modified the foam layer of Shaw et al. to be an aliphatic foam as taught by Gergonne et al. in order to provide a wound dressing that has an improved foam layer to allow flexibility and excellent retention levels of wound exudates due to its open cells (paragraph 0127, Gergonne et al.).
Regarding claim 22, Shaw et al. discloses the invention as discussed in claim 1.
However, Shaw et al. fails to disclose wherein the foam is a polyurethane foam.
Gergonne et al. teaches wherein an analogous foam layer (4 – figure 1, an absorbent material: paragraph 0158-0159) is a polyurethane foam (the foam layer [4] can be a polyurethane foam: paragraph 0121-0122).
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 modified the foam layer of Shaw et al. to be a polyurethane foam as taught by Gergonne et al. in order to provide a wound dressing that has an improved foam layer to allow flexibility and excellent retention levels of wound exudates due to its open cells (paragraph 0127, Gergonne et al.).
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