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 .
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.
Claims 1-17 are 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.
Regarding claim 1, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation following the phrase are part of the claimed invention. For examination purposes, the limitation “a brand name” following the phrase "preferably" is treated as part of the invention. Examiner suggests replacing the phrase “preferably” with “including” if the limitation is intended to be part of the invention.
Claim 6 recites the limitation "said second graphical element" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests amending claim 6 to depend from claim 3 which defines a second graphical element.
Regarding claim 9, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation following the phrase are part of the claimed invention. For examination purposes, the limitation following the phrase "optionally" is not treated as part of the invention. Examiner suggests deleting the phrase “optionally” if the limitation is intended to be part of the invention.
Claim 10 is rendered indefinite by the limitation “visually correlated” since it is unclear what the said panels are visually correlated to. For examination purposes, Examiner interprets the limitation as “visually correlated to one another” since the side panels are disclosed as having visual correlation between one another.
Regarding claim 17, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation following the phrase are part of the claimed invention. For examination purposes, the limitation “a brand name” following the phrase "preferably" is treated as part of the invention. Examiner suggests replacing the phrase “preferably” with “including” if the limitation is intended to be part of the invention.
Claim Rejections - 35 USC § 102
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 1-13, 15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Binder et al. (US 2017/0119487).
Regarding claim 1, Binder discloses a package (package at 400 in Fig. 4A-4F, formed by blank shown in Fig. 6G) comprising a plurality of medical dressings (See [0008]), wherein said package 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) including a brand name, and 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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Regarding claim 2, Binder discloses said first graphical element is an image of said medical dressing (See Fig. 6G).
Regarding claim 3, Binder discloses said set of printed product identifying elements comprises at least a second graphical element (“10cm x 40cm” more clearly shown in Fig. 4A-4F) indicating a dressing property (i.e. size), associated with the medical dressings comprised in said package, and wherein said second graphical element is disposed on said front panel and on each one of said side panels of said package (See Figs. 4A-4F).
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 5, Binder discloses said side panels comprises at least one color coded portion (dark rectangular portion at the left end of each of the side panels, which includes the size of the dressings); said color coded portion being indicative of a specific medical dressing category.
Regarding claim 6, Binder discloses said color coded portion is correlated with said first graphical element or said second graphical element.
Regarding claim 7, Binder discloses each one of said side panels comprises a color coded portion, said color coded portion being indicative of a specific medical dressing category.
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 and of said back panel.
Regarding claim 10, Binder discloses said side panels are visually correlated to one another.
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 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.
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 17, Binder discloses a flat box (package at 400 in Fig. 4A-4F, formed by blank shown in Fig. 6G) for packaging of medical dressings, said flat box comprising a front panel (See Fig. 6G labeled above), a back panel (See Fig. 6G labeled above), and four side panels (See Fig. 6G labeled above), wherein said four side panels are arranged around said front panel or said back panel; said front panel being connected to said back panel by one of said four side panels, wherein said flat box comprises a set of printed product identifying elements associated with the medical dressings to be packaged in said flat box, wherein said set of printed product identifying elements comprises at least a first text element (See “PICO” in Fig. 6G) including a brand name, and a first graphical element (See graphic representing the dressing located directly to the left of “x2” in Fig. 6G) visualizing a medical dressing to be packaged in said flat box, 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 flat box.
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 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Binder et al. (US 2017/0119487) as applied to claims 1 and 15 above, in view of Primer (US 2008/0283433).
Regarding claim 14, as described above, Binder 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 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 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 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.
Conclusion
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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