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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The amendments made to claims 1, 28, and 32 in the response filed on 4/27/2026 are acknowledged. Claims 1-8, 11-14, 19-20, 23, 25, 27-30, and 32 are still pending in the application and are examined below.
Response to Arguments
Applicant's arguments, see pages 8-10, filed on 4/27/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant’s arguments, see page 10, filed on 4/27/2026, with respect to the rejection of claims 28 and 32 under 35 U.S.C 103 have been fully considered and are persuasive. However, upon further consideration, a new ground of rejection was made in view of Cotton (GB 2527617 A) in view of Rivest (US 20190192352 A1) and in further view of Locke et al. (US 20160175156 A1) to meet the newly added limitations of claims 28 and 32.
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 28-30 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Cotton (GB 2527617 A) in view of Rivest (US 20190192352 A1) and in further view of Locke et al. (US 20160175156 A1).
Regarding claim 28, Cotton discloses a wound dressing (100 - figure 1, a dressing: page 25, lines 1-7) comprising: a continuous backing layer (140 - see annotated figure 1, a porous polyurethane backing layer: page 26, lines 4-11) provided as an outer layer which defines an external surface of the dressing (see annotated figure 1, the backing layer [140] constitutes the upper surface of the dressing; it forms a barrier between the wound and the surrounding atmosphere: page 20, lines 31-32/page 26, lines 4-8); a wound contact layer (120 - see annotated figure 1, a perforated film: page 25, lines 15-21); a superabsorbent layer (110 - see annotated figure 1, the absorbent body can contain a superabsorbent material: page 15, lines 17-18); and a perforated wound-site adhesive layer (130 - see annotated figure 1, skin contact layer comprising of silicone gel non-adherent adhesive: page 25, lines 23-27) for adhering the wound dressing (100) to a wound site (the adhesive layer [130] adheres the wound dressing [100] via attaching to the peri-wound skin: page 27, lines 31-33) and comprising a plurality of perforations (135 - see annotated figure 1/annotated figure 2, the adhesive layer [130] comprises a plurality of perforations: page 26, lines 23-30), wherein the perforations (135) are arranged in a regular array comprising rows (D - see annotated figure 2, row of perforations) and columns (E - see annotated figure 2, column of perforations) (see annotated figure 2, the perforations [135] arranged in an array).
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Annotated Figure 1: cross-section view of Cotton
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Annotated Figure 2: dressing of Cotton
However, Cotton fails to disclose a superabsorbent layer comprising an outer profile which corresponds with and is in register with an outer profile of a foam layer, the superabsorbent layer and foam layer being disposed between the continuous backing layer and the wound contact layer; wherein the spacing between adjacent columns is greater than the spacing between adjacent rows.
Rivest teaches an analogous superabsorbent layer (16 - figure 3, a layer that is made of silicone in combination with superabsorbent polymers: paragraph 0037/0042) comprising an outer profile which corresponds with and is in register with an outer profile of a foam layer (16a - figure 3, a foam layer made of polyvinyl alcohol foam: paragraph 0037/0042) (figure 3, the foam layer [16a] and superabsorbent layer [16] have the same outer profile and are aligned with each other), the superabsorbent layer (16) and foam layer (16a) being disposed between the continuous backing layer (12 – figure 3, a translucence top film: paragraph 0034) and the wound contact layer (18 – figure 3, a perforated adhesive lower layer which adheres to the user’s skin: paragraph 0038) (figure 3, the superabsorbent layer [16] and foam layer [16a] is between the continuous backing layer [12] and wound contact layer [18]).
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 with a foam layer that has the same outer profile as the superabsorbent layer and to have the superabsorbent layer and foam layer disposed between the continuous backing layer and the wound contact layer as taught by Rivest in order to provide a wound dressing that has an improved foam and superabsorbent layer to absorb substantial fluid from a wound without requiring frequent replacement of the dressing and promote comfort while using the wound dressing (paragraph 0037/0042, Rivest).
However, Cotton in view of Rivest fails to disclose wherein the spacing between adjacent columns is greater than the spacing between adjacent rows.
Locke et al. discloses wherein an analogous spacing (B – figure 5, distance between one of the apertures: paragraph 0051) between analogous adjacent columns (K – see annotated figure 3, columns of perforations) is greater than an analogous spacing (C – figure 5, distance between one of the apertures: paragraph 0051) between analogous adjacent rows (L – see annotated figure 3, rows of perforations) (see annotated figure 3, the space [B/C] between the columns [K] and rows [L] create a diamond lattice; the space [B] between adjacent columns [K] ranges from 2.8mm to 3.2mm while the space [C] between adjacent rows [L] ranges from 2.8mm to 3.2mm. Therefore, the space [B] between adjacent columns [K] can be 3.2mm while the space [C] between adjacent rows [L] can be 2.8mm, which would make the space [B] between adjacent columns [K] larger than the space [C] between adjacent rows [L]: paragraph 0051).
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Annotated figure 3: the base layer 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 modified the plurality of perforations of Cotton with a spacing between adjacent columns that is greater than a spacing between adjacent rows as taught by Locke et al. in order to provide a wound dressing that has an improved plurality of perforations to allow optimal fluid communication between the wound dressing and wound site and to control the adherence of the dressing to the user’s skin (paragraph 0047/0049, Locke et al.).
Regarding claim 29, Cotton in view of Rivest and in further view of Locke et al. discloses the invention as discussed in claim 28. Cotton further discloses wherein the adhesive layer (130) comprises an inner edge (F - see annotated figure 2, inner edge of the adhesive layer [130]) defining a central window (133 - see annotated figure 1, a central opening of the adhesive layer [130] that exposes the wound contact layer [120]: page 25, lines 29-32) through which the wound contact layer (120) is exposed (see annotated figure 1, the central window [133] exposes the wound contact layer [120]: page 25, lines 29-32); wherein the wound contact layer (120) comprises an outer edge (G - see annotated figure 2, the wound contact layer [120] comprises an outer edge: page 25, lines 29-32) and overlaps the adhesive layer (130) around the periphery of the wound contact layer (120) so as to be adhered thereto (see annotated figure 1/annotated figure 2, the outer edge [G] of the wound contact layer [120] overlaps the adhesive layer [130]; they are adhered to each other via acrylic adhesive: page 25, line 33/page 26, lines 1-2); and wherein the width of the overlap (H - see annotated figure 2, the width of the overlap between the inner edge [H] and outer edge [G]) between the inner edge (F) of the adhesive layer (130) and the outer edge (G) of the wound contact layer (120) varies around the periphery of the wound contact layer (120) (see annotated figure 2, the width of the overlap [H] varies around the periphery of the wound contact layer [120] due to the rounded corners).
Regarding claim 30, Cotton in view of Rivest and in further view of Locke et al. discloses the invention as discussed in claim 29. Cotton further discloses wherein the overlap (H) comprises one or more corner region (I - see annotated figure 2, corner region of the overlap [H]) and one or more edge region (J - see annotated figure 2, edge region of the overlap [H]) of the wound contact layer (120) and adhesive layer (130), wherein the width of the overlap (H) in the corner regions (I) is greater than the overlap (H) in an adjacent edge region (J) (see annotated figure 2, the width of the overlap [H] is greater in the corner regions [I] than the edge regions [J] due to the rounded corners).
Regarding claim 32, Cotton discloses a layered wound dressing (100 - figure 1, a dressing: page 25, lines 1-7) comprising: a continuous backing layer (140 - see annotated figure 1, a porous polyurethane backing layer: page 26, lines 4-11) provided as an outer layer which defines an external surface of the dressing (see annotated figure 1, the backing layer [140] constitutes the upper surface of the dressing; it forms a barrier between the wound and the surrounding atmosphere: page 20, lines 31-32/page 26, lines 4-8); a wound contact layer (120 - see annotated figure 1, a perforated film: page 25, lines 15-21); a superabsorbent layer (110 - see annotated figure 1, the absorbent body can contain a superabsorbent material: page 15, lines 17-18) comprising an outer profile which corresponds with and is in register with an outer profile of a foam layer, the superabsorbent layer and foam layer being disposed between the continuous backing layer and the wound contact layer; and a perforated wound-site adhesive layer (130 - see annotated figure 1, skin contact layer comprising of silicone gel non-adherent adhesive: page 25, lines 23-27) for adhering the wound dressing (100) to a wound site (the adhesive layer [130] adheres the wound dressing [100] via attaching to the peri-wound skin: page 27, lines 31-33) and comprising a plurality of perforations (135 - see annotated figure 1/annotated figure 2, the adhesive layer [130] comprises a plurality of perforations: page 26, lines 23-30).
However, Cotton fails to disclose a superabsorbent layer comprising an outer profile which corresponds with and is in register with an outer profile of a foam layer, the superabsorbent layer and foam layer being disposed between the continuous backing layer and the wound contact layer; wherein the plurality of perforations are provided along intersecting lines which form at least one diamond lattice cell and the diamond lattice cell comprises a perforation at each apex and has a major axis and a minor axis in which the major axis is longer than the minor axis.
Rivest teaches an analogous superabsorbent layer (16 - figure 3, a layer that is made of silicone in combination with superabsorbent polymers: paragraph 0037/0042) comprising an outer profile which corresponds with and is in register with an outer profile of a foam layer (16a - figure 3, a foam layer made of polyvinyl alcohol foam: paragraph 0037/0042) (figure 3, the foam layer [16a] and superabsorbent layer [16] have the same outer profile and are aligned with each other), the superabsorbent layer (16) and foam layer (16a) being disposed between the continuous backing layer (12 – figure 3, a translucence top film: paragraph 0034) and the wound contact layer (18 – figure 3, a perforated adhesive lower layer which adheres to the user’s skin: paragraph 0038) (figure 3, the superabsorbent layer [16] and foam layer [16a] is between the continuous backing layer [12] and wound contact layer [18]).
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 with a foam layer that has the same outer profile as the superabsorbent layer and to have the superabsorbent layer and foam layer disposed between the continuous backing layer and the wound contact layer as taught by Rivest in order to provide a wound dressing that has an improved foam and superabsorbent layer to absorb substantial fluid from a wound without requiring frequent replacement of the dressing and promote comfort while using the wound dressing (paragraph 0037/0042, Rivest).
However, Cotton in view of Rivest fails to disclose wherein the plurality of perforations are provided along intersecting lines which form at least one diamond lattice cell and the diamond lattice cell comprises a perforation at each apex and has a major axis and a minor axis in which the major axis is longer than the minor axis.
Locke et al. discloses wherein an analogous plurality of perforations (160c – see annotated figure 4, apertures located in the central portion: paragraph 0050) are provided along intersecting lines (AA – see annotated figure 4, intersecting lines) which form at least one diamond lattice cell (AB – see annotated figure 4, the intersecting lines [AB] form a diamond lattice cell) and the diamond lattice cell (AB) comprises a perforation at each apex (AC – see annotated figure 4, the apex of each diamond lattice cell [AC]) and has a major axis (AD – see annotated figure 4, major axis) and a minor axis (AE – see annotated figure 4, minor axis) in which the major axis (AD) is longer than the minor axis (AE) (figure 5/annotated figure 4, the space [B – figure 5] between adjacent columns ranges from 2.8mm to 3.2mm while the space [C – figure 5] between adjacent rows ranges from 2.8mm to 3.2mm. Therefore, the space [B] between adjacent columns can be 3.2mm while the space [C] between adjacent rows can be 2.8mm, which would make the space [B] between adjacent columns larger than the space [C] between adjacent rows: paragraph 0051).
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Annotated figure 4: 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 modified the plurality of perforations of Cotton in view of Rivest with a diamond lattice cell that comprises a perforation at each apex and has a major axis that is longer than the minor axis as taught by Locke et al. in order to provide a wound dressing that has an improved plurality of perforations to allow optimal fluid communication between the wound dressing and wound site and to control the adherence of the dressing to the user’s skin (paragraph 0047/0049, Locke et al.).
Allowable Subject Matter
Claims 1-8, 11-14, 19-20, 23, 25, and 27 are allowed. The following is a statement of reasons for the indication of allowable subject.
Claim 1 contains allowable subject matter because the prior art fails to disclose, either singly or in combination, the limitations of the claim. The closest prior art made of record was Cotton (GB 2527617 A) in view of Steven et al. (US 20210393443 A1) and in further view of Locke et al. (US 20160175156 A1).
Cotton discloses a wound dressing (100 - figure 1, a dressing: page 25, lines 1-7) comprising: a continuous backing layer (140 - see annotated figure 1, a porous polyurethane backing layer: page 26, lines 4-11) provided as an outer layer which defines an external surface of the dressing (see annotated figure 1, the backing layer [140] constitutes the upper surface of the dressing; it forms a barrier between the wound and the surrounding atmosphere: page 20, lines 31-32/page 26, lines 4-8); a wound contact layer (120 - see annotated figure 1, a perforated film: page 25, lines 15-21) having a first surface for directly contacting a wound bed (A - see annotated figure 1 below, a first surface of the wound contact layer that directly contacts the wound: page 4, lines 9-12) and a second surface facing the backing layer (B - see annotated figure 1, a second surface facing the backing layer [140]); and a perforated wound-site adhesive layer (130 - see annotated figure 1, skin contact layer comprising of silicone gel non-adherent adhesive: page 25, lines 23-27) for adhering the wound dressing (100) to a wound site (the adhesive layer [130] adheres the wound dressing [100] via attaching to the peri-wound skin: page 27, lines 31-33) and comprising a plurality of perforations (135 - see annotated figure 1/annotated figure 2, the adhesive layer [130] comprises a plurality of perforations: page 26, lines 23-30), wherein the adhesive layer (130) comprises a border region (C - see annotated figure 2, border region of the adhesive layer [130]) which surrounds the wound contact layer (120) (see annotated figure 1/annotated figure 2, the border region [C] surrounds the wound contact layer [120]); wherein the plurality of perforations (135) are arranged in a regular array comprising rows (D - see annotated figure 2, row of perforations) and columns (E - see annotated figure 2, column of perforations); wherein the adhesive layer (130) comprises an inner edge (F - see annotated figure 2, inner edge of the adhesive layer [130]) defining a central window (133 - see annotated figure 1, a central opening of the adhesive layer [130] that exposes the wound contact layer [120]: page 25, lines 29-32) through which the wound contact layer (120) is exposed (see annotated figure 1, the central window [133] exposes the wound contact layer [120]: page 25, lines 29-32); wherein the wound contact layer (120) comprises an outer edge (G - see annotated figure 2, the wound contact layer [120] comprises an outer edge: page 25, lines 29-32) and overlaps the adhesive layer (130) around a periphery of the wound contact layer (120) so as to be adhered thereto (see annotated figure 1/annotated figure 2, the outer edge [G] of the wound contact layer [120] overlaps the adhesive layer [130]; they are adhered to each other via acrylic adhesive: page 25, line 33/page 26, lines 1-2); wherein a width of the overlap (H - see annotated figure 2, the width of the overlap between the inner edge [H] and outer edge [G]) between the inner edge of the adhesive layer (F) and the outer edge of the wound contact layer (G) varies around the periphery of the wound contact layer (120) (see annotated figure 2, the width of the overlap [H] varies around the periphery of the wound contact layer [120] due to the rounded corners); wherein the overlap (H) comprises four corner regions (I - see annotated figure 2, a corner region of the overlap [H]; there are a total of four corner regions) and four edge regions (J: see annotated figure 2, an edge region of the overlap [H]; there are a total of four edge regions) of the wound contact layer (120) and the inner border of the adhesive layer (130) (see annotated figure 2, there are four corner [I] and edge regions [J]), wherein the width of the overlap (H) in the corner regions (I) is greater than the overlap (H) in an adjacent edge regions (J) (see annotated figure 2, the width of the overlap [H] is greater in the corner regions [I] than the edge regions [J] due to the rounded corners). Steven et al. teaches wherein analogous plurality of perforations (the second layer of wound dressings can be a perforated adherent layer: paragraph 0040) have a diameter between 0.1mm-5mm (the diameter of the perforations of the second layer of the wound dressings can be between 0.1mm-5mm, which falls within the claimed range of 1.6mm - 2.7mm: paragraph 0040). Locke et al. teaches wherein a spacing (B – figure 5, distance between one of the apertures: paragraph 0051) between analogous adjacent columns (K – see annotated figure 3, columns of perforations) is greater than a spacing (C – figure 5, distance between one of the apertures: paragraph 0051) between analogous adjacent rows (L – see annotated figure 3, rows of perforations) to form an elongate diamond lattice (W – see annotated figure 3, diamond lattice) with analogous adjacent perforations (see annotated figure 3, the space [B/C] between the columns [K] and rows [L] create a diamond lattice [W]; the space [B] between adjacent columns [K] ranges from 2.8mm to 3.2mm while the space [C] between adjacent rows [L] ranges from 2.8mm to 3.2mm. Therefore, the space [B] between adjacent columns [K] can be 3.2mm while the space [C] between adjacent rows [L] can be 2.8mm, which would make the space [B] between adjacent columns [K] larger than the space [C] between adjacent rows [L]: paragraph 0051).
However, none of the relevant prior art discloses and wherein the radius of curvature of the four corner regions of the inner edge of the adhesive layer is greater than the radius of curvature of the four corner regions of the outer edge of the wound contact layer. Therefore, claim 1 is allowable.
Claims 2-8, 11-14, 19-20, 23, 25, and 27 are allowable based on their dependence on claim 1.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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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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/ANDREW JUN-WAI MOK/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786
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