DETAILED ACTION
This Office action is based on the amendments filed January 21, 2026 for application 18/899,556. Claim 1 has been amended and claims 4 and 6 have been cancelled; claims 1-3 and 5 are currently pending.
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 . 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.
Response to Arguments
Applicant’s arguments filed January 21, 2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Beaudry does not disclose films with different physical strengths between the anchoring parts and the latex so as to drive the skin in different areas to contract step by step, it is noted that the features upon which Applicant relies (i.e., films with different physical strengths, contracting step by step, etc.) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further, Applicant’s arguments are directed to what the invention does rather than what it is; however, since these functional limitations are not recited in the claims, they are not given patentable weight since the claimed structure is taught by the prior art. The only limitation reciting the intended function of the claimed plaster is “skin tension-reducing” and “scar-preventing”; however, recitations of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case, Beaudry discloses the structure of the film as recited in the claims, wherein the function of reducing tension on a user’s skin or stabilizing a wound area will depend on the amount of stretch applied to the dressing during application of the dressing onto the user’s skin.
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.
Claims 1-3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2018/0193019), in view of Beaudry (US 6,768,039), and in further view of Belson et al. (US 2016/0249924).
Regarding claims 1 and 5, Yang discloses a skin tension-reducing scar-preventing plaster (closer) comprising a left part (left substrates 3) and a right part (right substrates 4), wherein lower surfaces of the left part (3) and the right part (4) are provided with adhesive (non-woven adhesive layer 13), a plurality of fixing blocks (left pawls 5) fixedly mounted on an upper surface of the left part (3), a plurality of fixture blocks (right pawls 7) fixedly mounted on an upper surface of the right part (4), wherein the fixture blocks (7) are in one-to-one correspondence with the fixing blocks (5), and traction strips (rack 2) connected between the fixing blocks (5) and the fixture blocks (7) with one ends of the traction strips (2) fixedly connected with the fixing blocks (5) and the other ends of the traction strips (2) clamped with the fixture blocks (7), wherein one ends (head 8) of the traction strips (2) that are away from the fixing blocks (5) can be pulled (Figs. 1 & 7; ¶ 0028, 0030, & 0034).
Although Yang discloses the plaster can be used in conjunction with a dressing (¶ 0018), Yang fails to teach a film configured to be stuck to skin, wherein the film is divided into the left part, a silicone part, and a right part, wherein an area between the left part and the silicone part is a blank area and an area between the right part and the silicone part is also a blank area.
Beaudry discloses a skin tension-reducing scar-preventing plaster (dressing 300) comprising a film (latex 321) configured to be stuck to skin, wherein the film (321) is divided into a left part (anchor 301), a center part, and a right part (anchor 303), wherein lower surfaces of the left part (301) and the right part (303) are both provided with adhesive gels (adhesive 327), wherein a lower surface of the center part is provided with a pad (pad 314), wherein an area between the left part (301) and the center part is a blank area and an area between the right part (303) and the center part is also a blank area, and wherein upper and lower surfaces of the blank areas on the film (321) are smooth (Fig. 53; column 1, lines 60-65; column 3, lines 59-64; column 18, lines 17-26).
Therefore, it would have been obvious to one having ordinary skill in the art before, the effective filing date of the invention, to use the closure system taught by Yang with the film including the left part, center part, right part, and blank areas taught by Beaudry for the purpose of facilitating keeping the ends of a wound in close, neat, even alignment by the application of even pressure across the wound so that the wound may heal with minimal scar tissue.
Beaudry further discloses that the side of the dressing positioned over and adjacent a wound may have a medicinal material applied thereto, wherein the medicinal material would depend upon the goals and results desired of the particular user (column 5, line 65 – column 6, line 10). Yang further discloses that the use of silicone gels may help to scars shrink (¶ 0018).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the pad of the plaster taught by the combination of Yang and Beaudry to include a silicone gel as further taught by Yang such that the center part is a silicone part for the purpose of helping scar tissue shrink. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
However, the combination of Yang and Beaudry fails to teach that the one ends of the traction strips are fixedly connected with pull rings used for pulling the traction strips.
Belson discloses an analogous device (lateral tie assembly 140) comprising a plurality of fixing blocks (right force distribution structure 142), a plurality of fixture blocks (left force distribution structure 144) corresponding to the fixing blocks (142), and traction strips (rods 154) connected between the fixing blocks (142) and the fixture blocks (144), wherein one ends of the traction strips (154) that are away from the fixing blocks (142) are fixedly connected with pull rings (pull loop 156) and the pull rings (156) can be used for pulling the traction strips (154) (Figs. 11A-11B; ¶ 0124-0125).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the one ends of the traction strips of the plaster taught by the combination of Yang and Beaudry to include pull rings as taught by Belson for the purpose of providing a better gripping surface to apply a force to the traction strips.
Regarding claim 2, the combination of Yang / Beaudry / Belson discloses the invention substantially as claimed, as described above, and Yang further discloses that a section of surfaces of the traction strips (2) that are close to the fixture blocks (7) are provided with clamping slots (ratchets 9), clamping sheets (ratchets 11) are provided in the fixture blocks (7), the traction strips (2) pass through an inside of the fixture blocks (7), and the clamping slots (9) are clamped with the clamping sheets (11) (Figs. 1-4; ¶ 0028).
Regarding claim 3, the combination of Yang / Beaudry / Belson discloses the invention substantially as claimed, as described above, and Yang further discloses that the clamping slots (9) are composed of a plurality of grooves with openings facing the fixing blocks (5), mounting openings provided on inner walls of the fixture blocks (7), one ends of the clamping sheets (11) that face the fixing blocks (6) are fixedly mounted on inner walls of the mounting openings, and the clamping slots (9) are clamped with the clamping sheets (11) through the grooves (Fig. 3; ¶ 0028).
Belson further discloses an analogous device (incision closure appliance 100) comprising a plurality of fixing blocks (left lateral supports 126), a plurality of fixture blocks (right lateral support 122) corresponding to the fixing blocks (126), and traction strips (rods 130) connected between the fixing blocks (126) and the fixture blocks (122), wherein a section of surfaces of the traction strips (130) that are close to the fixture blocks (122) are provided with clamping slots (ratchet rings), clamping sheets (ratchet mechanism 132) are provided in the fixture blocks (122), the traction strips (130) pass through an inside of the fixture blocks (122), and the clamping slots are clamped with the clamping sheets (132), wherein the clamping slots are composed of a plurality of annular grooves (ratchet rings) (Fig. 10; ¶ 0123).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the plurality of grooves of the plaster taught by the combination of Yang / Beaudry / Belson to be a plurality of annular grooves as further taught by Belson for the purpose of accounting for any twisting of the traction strips and enabling any side of the traction strips to be clamped by the clamping sheet. Further, Applicant has not disclosed that such an annular shape solves any stated problem or is anything more than one of numerous shapes or configurations a person of ordinary skill in the art would find obvious for the purpose of providing ratchets. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Zhang (US 2021/0267597), Belson et al. (US 2021/0196275), Ikeda et al. (US 2021/0106332), Nezu (US 2019/0307451), O’Malley et al. (US 2003/0092969), and Hasson (US 3,926,193).
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 Keri J. Nelson whose telephone number is 571-270-3821. The examiner can normally be reached Monday - Friday, 9am - 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E. Bredefeld, can be reached at 571-270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KERI J NELSON/Primary Examiner, Art Unit 3786 4/7/2026
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