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 .
This office action is in response to the reply filed on 3/6/2026, wherein claims 1, 9, 10, 12 and 17 were amended; claims 3 and 5-7 were canceled; and claims 18-20 were added. Claims 1, 2, 4 and 8-20 are pending.
Claim Objections
Claims 1 and 8 are objected to because of the following informalities:
In claim 1, line 20, it appears “said color coded portion” should be “said at least one color coded portion”.
In claim 8, line 2, it appears “said color coded portion” should be “said at least one color coded portion”.
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.
Claim 8 is 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. Claim 8 is rendered indefinite since it depends from a canceled claim and therefore it is unclear what subject matter is being claimed. For examination purposes, Examiner interprets claim 8 as depending from claim 1.
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.
Claims 1, 2, 4, 8-13, 15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Binder et al. (US 2017/0119487) in view of Molina (US 2012/0222981).
Regarding claims 1 and 17-19, Binder discloses a package (package at 400 in Fig. 4A-4F, formed by blank shown in Fig. 6G) comprising: a packaging (at 400); and a plurality of medical dressings (See [0008]) received within the packaging, wherein said packaging comprises a front panel (See Fig. 6G labeled below), an opposing back panel (See Fig. 6G labeled below) and four side panels (See side panels labeled in Fig. 6G below) extending between said front panel and said back panel (when the package is in its closed position), wherein said package comprises a set of printed product identifying elements (See Fig. 6G) associated with the medical dressings in said package, wherein said set of printed product identifying elements comprises: at least a first text element (See “PICO” in Fig. 6G), a first graphical element (See graphic representing the dressing located directly to the left of “x2” in Fig. 6G) visualizing a medical dressing in said package, wherein said first text element and said first graphical element are disposed on said front panel and on each one of said side panels of said package (See Fig. 6G labeled below).
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Binder discloses the claimed invention except for the specific second graphical element and at least one color coded portion. However, Molina teaches an absorbent article package (at 27 in Fig. 3) comprising a panel (shown in Fig. 3) having a graphical element (“light”, “regular”, “extra” in Fig. 3) indicating an absorption level of each absorbent article a plurality of absorbent articles contained within the package, wherein said package comprises at least one color coded portion (at 14/15/16 in Fig. 3), wherein the color coded portion is indicative of a specific absorbent article category (e.g. light, regular or extra), and wherein said at least one color coded portion is correlated with said graphical element, for the purpose of indicating characteristics of the absorbent articles contained within the package. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the panels of Binder with second graphical elements and color coded portions as taught by Molina in order to provide further information about the package contents.
Regarding claim 2, Binder discloses said first graphical element is an image of said medical dressing (See Fig. 6G).
Regarding claim 4, Binder discloses said set of printed product identifying elements comprises at least a second text element (“3.9in x 15.7in.”) indicating the size of the medical dressings in said package, and wherein said second text element is disposed on said front panel and on each one of said side panels of said package (See Figs. 4A-4F)
Regarding claim 8, Binder discloses said first graphical element disposed on each one of said side panels is arranged in said color coded portion.
Regarding claim 9, Binder discloses said side panels have a background color (white) that contrasts with the background color (grey color at the left of the front panel and the center of the back panel in Fig. 6G) of said front panel.
Regarding claim 10, Binder-Molina discloses said side panels are visually correlated so that at least 80% of the printed product identifying elements disposed on each side panel correspond to the printed product identifying elements disposed on each other side panel
Regarding claim 11, Binder discloses said front panel comprises a larger number of printed product identifying elements than said side panels (See word below “PICO” on the front panel in Fig. 6G).
Regarding claim 12, Binder-Molina discloses each one of said side panels contains four printed product identifying elements (“x2”, “PICO”, “#66801360” and “smith&nephew”) associated with the medical dressings in said package, and wherein said product identifying elements are disposed on said side panels in a visually correlated arrangement so that at least 80% of the printed product identifying elements disposed on each side panel correspond to the printed product identifying elements disposed on each other side panel.
Regarding claim 13, Binder discloses said set of printed product identifying elements comprises a tag (See bottom center of Fig. 4G) being readable using an electronic device, wherein said tag is disposed on said front panel of said package.
Regarding claim 15, Binder discloses each one of the medical dressings comprised in said package is individually packaged in a sterile pouch (See [0044])).
Regarding claim 20, Binder-Molina discloses the first graphical element and the second graphical element are each a pictorial representation.
Claims 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Binder et al. (US 2017/0119487) in view of Molina (US 2012/0222981) as applied to claims 1 and 15 above, in view of Primer (US 2008/0283433).
Regarding claim 14, as described above, Binder-Molina discloses the claimed invention except for the specifics of the first graphical element. However, Primer teaches it is well known in the art for a graphical element (at 14 in Fig. 1) on a wound care product package to include visuals of the specific layers of the wound care product in order to allow the user to visualize the contents of the package. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first graphical element of Binder-Molina to include specifics of the medical dressing (e.g. layers) held therein as taught by Primer in order to provide the user with more details about the contents of the package.
Regarding claim 16, as described above, Binder-Molina discloses the claimed invention except for the specifics of the sterile pouch including printed product identifying elements. However, Primer teaches it is well known in the art for a would care pouch (at 12) held within a package (10) to include a second set of printed product identifying elements (at 18 n Fig. 2) associated with the wound care product held therein, and wherein at least two product identifying elements (size and special features) of said second set of printed product identifying elements correspond to at least two product identifying elements of a set of printed product identifying elements (shown at 14 in Fig. 1) of said package, for the purpose of providing information about the pouch contents to the user after the pouch is removed from the package. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sterile pouches of Binder-Molina to include product identifying elements as taught by Primer in order to provide information about the pouch contents to the user after removal from the package.
Response to Arguments
In view of Applicant's amendment, the search has been updated, and new prior art has been identified and applied. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
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 STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735
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