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
Applicant’s election without traverse of Group I, claims 1, 3-6, 8-10, 12-16, 18-19 in the reply filed on 07/08/2026 is acknowledged.
Claims 20-23 and 38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/08/2026.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-6, 8-10, 13-16 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Locke (Pub. No.: US 2020/0289727 A1) in view of Hartmann et al. (Pub. No.: US 2020/0276383 A1).
Regarding claim 1, Locke discloses (fig. 1) an apparatus for coupling a negative-pressure source (pump unit 106) to a tissue site (¶ 0040), comprising: A base (connector pad 122) having a first side and a second side (fig. 1);
A post member (port 124) extending outward from the first side of the base (fig. 1); and
A port coupled to the post member and configured to fluidly couple a conduit (tube 104) to the tissue site through an aperture in the second side of the base (fig. 1, ¶ 0044).
Locke fails to disclose the post member including a winding surface configured to carry the conduit; and a top flange coupled to the post member opposite to the base, the top flange including a deformable lip configured to move between an open position and a closed position, wherein the deformable lip is positioned closer to the first side of the base in the closed position than in the open position.
Hartmann teaches (fig. 1, 10-13) an apparatus (tube management device 36/90) and thus in the same field of endeavor, comprising:
A base (flange 118) having a first side and a second side (fig. 10);
A post member (socket 112 of spindle section 114) extending outward from the first side of the base (fig. 10), the post member including a winding surface (toroidal space 120) configured to carry a conduit (flexible tube 28) (¶ 0075); and
A top flange (cap 132) coupled to the post member opposite to the base (¶ 0080), the top flange includes a deformable lip (see portions between openings 134) configured to move between an open position (fig. 10) and a closed position (fig. 13), wherein the deformable lip is positioned closer to the first side of the base in the closed position than in the open position (fig. 10, 13, ¶ 0080-¶ 0081), wherein the winding surface and the top flange are configured to manage a length of flexible tubing (¶ 0014).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Locke such that the post member includes a winding surface configured to carry the conduit and the apparatus comprises a top flange coupled to the post member opposite to the base, the top flange including a deformable lip configured to move between an open position and a closed position, wherein the deformable lip is positioned closer to the first side of the base in the closed position than in the open position, as taught by Hartmann, in order to configure the apparatus to manage a length of flexible tubing (Hartmann ¶ 0014).
Regarding claim 3, Locke discloses wherein the post member includes an internal chamber in fluid communication between the port and the aperture such that the conduit is configured to be fluidly coupled to the tissue site through the internal chamber and the aperture (fig. 1, ¶ 0044).
Regarding claim 4, as discussed above in claim 1, Locke in view of Hartmann disclose the winding surface and the top flange. Locke in view of Hartmann further disclose wherein the post member has a thickness between the first side of the base and the top flange, wherein the winding surface is defined around the thickness of the post member (Hartmann ¶ 0075), and wherein the deformable lip has a radial length extending traversing to the thickness of the post member (Hartmann fig. 13).
Regarding claim 5, as discussed above in claim 1, Locke in view of Hartmann disclose the top flange. Locke in view of Hartmann further disclose wherein the deformable lip of the top flange is configured to extend over the base in the closed position (Hartmann fig. 13).
Regarding claim 6, as discussed above in claim 1, Locke in view of Hartmann disclose the top flange. Locke in view of Hartmann further disclose wherein the deformable lip is configured to extend outward from the first side of the base in the open position to expose the winding surface (Hartmann fig. 10-12, ¶ 0080).
Regarding claim 8, Locke in view of Hartmann fail to disclose wherein the conduit is configured to be coiled around the winding surface of the post member in a single layer having a thickness that does not exceed an outside diameter of the conduit.
However, Locke discloses (fig. 4) wherein the tube is configured to retract in a single layer having a thickness that does not exceed an outside diameter of the conduit (¶ 0062, fig. 4), such configuration allowing for the conduit to retract into a compact arrangement (¶ 0062).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the winding surface of Locke in view of Hartmann such that the conduit is configured to be coiled around the winding surface of the post member in a single layer having a thickness that does not exceed an outside diameter of the conduit, as suggested by Locke, in order to allow for the conduit to retract into a compact arrangement (Locke ¶ 0062).
Further, such limitation relates to the intended use of the system, which, in this case, imparts no further limitations on the structure of the device. The conduit of Locke in view of Hartmann is capable of being configured to be coiled around the winding surface of the post member in a single layer having a thickness that does not exceed an outside diameter of the conduit and using the device for this purpose requires only routine skill in the art (See § MPEP 2114 II).
Regarding claim 9, Locke in view of Hartmann fail to disclose wherein the conduit is configured to be coiled around the winding surface such that each revolution of the conduit around the winding surface lies in the same plane.
However, Locke discloses (fig. 4) wherein the tube is configured to retract such that each revolution of the conduit around the winding surface lies in the same plane (¶ 0062, fig. 4), such configuration allowing for the conduit to retract into a compact arrangement (¶ 0062).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the winding surface of Locke in view of Hartmann such that the conduit is configured to be coiled around the winding surface such that each revolution of the conduit around the winding surface lies in the same plane, as suggested by Locke, in order to allow for the conduit to retract into a compact arrangement (Locke ¶ 0062).
Further, such limitation relates to the intended use of the system, which, in this case, imparts no further limitations on the structure of the device. The conduit of Locke in view of Hartmann is capable of being configured to be coiled around the winding surface such that each revolution of the conduit around the winding surface lies in the same plane and using the device for this purpose requires only routine skill in the art (See § MPEP 2114 II).
Regarding claim 10, as discussed above in claim 1, Locke in view of Hartmann disclose the top flange. Locke in view of Hartmann further disclose wherein the deformable lip is configured to extend inward toward the first side of the base in the closed position to hold the conduit in place between the deformable lip and the first side of the base (Hartmann, fig. 13, ¶ 0081).
Regarding claim 13, Locke in view of Hartmann fail to disclose wherein the winding surface comprises at least one curved portion adjacent the port.
Hartmann further teaches wherein the winding surface comprises at least one curved portion (see central passage 122) adjacent the post member (fig. 10, ¶ 0075), wherein the curved portion is configured to engage with the conduit to wind or dispense the conduit (¶ 0076).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the winding surface adjacent the port of Locke in view of Hartmann such that it comprises at least one curved portion, as taught by Hartmann, to configure the apparatus such that the curved portion engages with the conduit to wind or dispense the conduit (Hartmann ¶ 0076).
Regarding claim 14, as discussed above in claim 13, Locke in view of Hartmann disclose at least one curved portion adjacent the port. Locke in view of Hartmann further disclose wherein the curved portion has a radius corresponding to a bending radius of the conduit (Hartmann, the central passage 122 receives the flexible tubing 28, ¶ 0075).
Regarding claim 15, as discussed above in claim 13, Locke in view of Hartmann disclose at least one curved portion adjacent the port. Locke in view of Hartmann further disclose wherein the post member is positioned between a first curved portion and a second curved portion that lie in the same plane (Hartmann fig. 10). As discussed above in claim 1, Locke in view of Hartmann disclose the port coupled to the post member. Thus, Locke in view of Hartmann disclose the port positioned between a first curved portion and a second curved portion that lie in the same plane.
Regarding claim 16, Locke discloses wherein the port is positioned in a recess (fig. 1). As discussed above in claim 13, Locke in view of Hartmann disclose the first curved portion and the second curved portion. Thus, Locke in view of Hartmann disclose wherein the port is positioned in a recess between the first curved portion and the second curved portion.
Regarding claim 18¸ Locke discloses a film layer (cover layer 120, ¶ 0042) coupled to the second side of the base (fig. 1, ¶ 0044) and configured to couple the base proximate to the tissue site (¶ 0044).
Regarding claim 19, as discussed above in claim 1, Locke in view of Hartmann disclose the apparatus of claim 1.
Locke further discloses a system for treating a tissue site (negative pressure wound therapy system 100, ¶ 0040), comprising:
A tissue interface configured to be positioned over the tissue site (wound interface layer, ¶ 0053); and
A cover (cover layer 120) configured to be positioned over the tissue interface (¶ 0043) and to create a sealed space between the cover and the tissue site (¶ 0042), wherein the second side of the base is configured to be coupled to the cover such that the port is in fluid communication with the tissue interface through the cover and the aperture in the second side of the base (¶ 0044).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Locke in view of Hartmann, as applied to claim 1 above, and further in view of Allen et al. (Pub. No.: US 2015/0216733 A1).
Regarding claim 12, Locke in view of Hartmann fail to disclose wherein the port is positioned in a recess in the winding surface.
Allen teaches (fig. 1, 3B) an apparatus for coupling a negative-pressure source (pump 150) to a tissue site (abstract) and thus in the same field of endeavor, comprising: a post member (port 2150); and a port (see 2154, fig. 3B0 coupled to the post member and configured to fluidly couple a conduit to the tissue site through an aperture (fig. 3B, ¶ 0023); wherein the port is positioned on a side of the post member (fig. 3B), wherein the configuration of the port avoids fluid pooling around the port (¶ 0095).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the port of Locke in view of Hartmann such that it is positioned on a side of the post member, as taught by Allen, thus positioning the port in a recess in the winding surface of Locke in view of Hartmann, as such configuration of the port avoids fluid pooling around the port (Allen ¶ 0095).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Askem et al. (Pub. No.: US 2015/0174304 A1) discloses an apparatus having a winding surface.
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/MEAGAN NGO/Examiner, Art Unit 3781
/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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