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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/9/2026 has been entered.
Response to Amendment
This office action is responsive to the amendment filed on 4/9/2026. As directed by the amendment, the status of the claim(s) are:
Claim(s) 1, 5-8, 12-16, 18 has/have been amended;
Claim(s) 19-20 is/are canceled;
Claim(s) 1-18 is/are presently pending.
The amendment(s) to the claim(s) is/are sufficient to overcome the double patenting rejection(s) from the previous office action.
Response to Arguments
Applicant argues on p. 3-5 that the amended claims overcome the prior art of Eckhardt; mainly because the amendments have architecture of support body, light source and power source. After review, this is not persuasive. Under BRI, the support body could still be part of the dressing/bandage. Furthermore, Eckhardt specifically teaches that the device can be attached to dressing/bandage ([0051] “fastened to bandages…adhesive tape”) which means that the device is/was standalone in the prior art.
Applicant argues on p. 4 that the amended claims distinguish because battery/power source is now part of claimed support body/support strip. After review, this is not persuasive for similar reasons above in that Eckhardt specifically teaches that the device can be attached to dressing/bandage ([0051] “fastened to bandages…adhesive tape”) and Eckhardt depicts the device as a stand alone device with power source (Fig. 16; [0045] “batteries; [0054] “batteries”).
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.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eckhardt (US 20030031586 A1; 2/13/2003; cited in previous office action).
Regarding claim 1, Eckhardt teaches an antimicrobial illumination assembly, comprising:
a support body configured to be mounted to or integrated with a medical dressing or securement device (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A-C; [0094]);
an antimicrobial light source supported by the support body and arranged to emit skin-safe antimicrobial light outward from the support body (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A-C; [0031]; [0051] “fastened to bandages…adhesive tape”; [0094]); and
a power source electrically coupled to the antimicrobial light source (Fig. 16; [0045] “batteries; [0054] “batteries”; [0051]-[0052]; [0094]).
Regarding claim 2, Eckhardt teaches wherein the light source emits light that is both antimicrobial and noncarcinogenic to the skin (Interpreted in light of instant specification p. 2 lines 25-28, p. 10 lines 24-28, and instant Fig. 20; [0031] “The lamp may emit narrow spectrum light (e.g., a line spectrum) or broad spectrum light. Broad spectrum light may include, e.g., UVA, UVB, and UVC light, or UV light accompanied by light from another portion of the electromagnetic spectrum. For example, the emission of both UV and visible light from light source 7 may enhance the effectiveness of the light source, as the sensitivity of different microorganisms to light varies with the wavelength of the light.”);
Regarding claim 3, Eckhardt teaches wherein the light source is comprised of at least one light-emitting diode (LED) ([0031]).
Regarding claim 4, Eckhardt teaches wherein the power source is connected to the light source (Fig. 16).
Regarding claim 5, Eckhardt teaches wherein the support body is configured for use with a catheter dressing (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A; [0094]).
Regarding claim 6, Eckhardt teaches wherein the support body is configured for use with a catheter dressing to secure the light source (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A; [0094]).
Regarding claim 7, Eckhardt teaches wherein the support body is configured to position the light source to bathe a region around a skin entry site of a catheter (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A-C).
Regarding claim 8, Eckhardt teaches an antimicrobial light-emitting device, comprising:
a support strip (Fig. 14A-C, bandage 51 reads on “support strip”; [0071]; [0088] “Bandages…variety of sizes and shapes”; [0094]); and
at least one light-emitting diode disposed on the support strip and configured to emit skin-safe antimicrobial light (Fig. 14A-14C, light source 7; [0031] “LEDs”; [0051] “fastened to bandages…adhesive tape”; reference is teaching structures attached to bandage/support strip and so read on “disposed on”); and
a battery disposed on the support strip and electrically coupled to the at least one light-emitting diode (Fig. 16; [0045] “batteries; [0054] “batteries”; [0051] “fastened to bandages…adhesive tape”; [0052]; [0094]; reference is teaching structures attached to bandage/support strip and so read on “disposed on”);
wherein the support strip is configured to be secured to a medical dressing or a catheter securement device so that the antimicrobial light is directed toward a skin entry site (Fig. 14A-14C; [0094]).
Regarding claim 9, Eckhardt teaches wherein the light source emits light that is both antimicrobial and noncarcinogenic to the skin (Interpreted in light of instant specification p. 2 lines 25-28, p. 10 lines 24-28, and instant Fig. 20; [0031] “The lamp may emit narrow spectrum light (e.g., a line spectrum) or broad spectrum light. Broad spectrum light may include, e.g., UVA, UVB, and UVC light, or UV light accompanied by light from another portion of the electromagnetic spectrum. For example, the emission of both UV and visible light from light source 7 may enhance the effectiveness of the light source, as the sensitivity of different microorganisms to light varies with the wavelength of the light.”).
Regarding claim 10, Eckhardt teaches wherein the light source is comprised of at least one light-emitting diode (LED) ([0031]).
Regarding claim 11, Eckhardt teaches wherein the power source is connected to the light source (Fig. 16).
Regarding claim 12, Eckhardt teaches wherein the support strip is configured for use with a catheter securement device (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A-C; [0094]).
Regarding claim 13, Eckhardt teaches wherein the support strip is configured for use with a catheter securement device to secure the light source (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A-C; [0094]).
Regarding claim 14, Eckhardt teaches wherein the support strip is configured to position the light to bathe the region around the skin entry site of a catheter (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A-C; [0094]).
Regarding claim 15, Eckhardt teaches a method of reducing catheter-related infections, comprising:
providing a powered antimicrobial light-emitting source on a support body (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A-C; [0031]; [0051] “fastened to bandages…adhesive tape”; [0094]);
configuring the support body to be secured to a medical dressing or catheter securement device (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A-C; [0031]; [0051] “fastened to bandages…adhesive tape”; [0094]);
directing the antimicrobial light towards a skin entry site (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A-C); and
reducing the bacterial burden in the region around the skin entry site from the antimicrobial light ([0031]).
Regarding claim 16, Eckhardt teaches wherein the antimicrobial light-emitting device further comprises a skin-safe antimicrobial light source (Interpreted in light of instant specification p. 2 lines 25-28, p. 10 lines 24-28, and instant Fig. 20; [0031] “The lamp may emit narrow spectrum light (e.g., a line spectrum) or broad spectrum light. Broad spectrum light may include, e.g., UVA, UVB, and UVC light, or UV light accompanied by light from another portion of the electromagnetic spectrum. For example, the emission of both UV and visible light from light source 7 may enhance the effectiveness of the light source, as the sensitivity of different microorganisms to light varies with the wavelength of the light.”), a power source (Fig. 16), and an attachment for use with medical dressings or catheter securement devices (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A; [0051] “fastened to bandages…adhesive tape”; [0094]).
Regarding claim 17, Eckhardt teaches wherein the antimicrobial light kills bacteria in the region around the skin entry site of a catheter ([0031]).
Regarding claim 18, Eckhardt teaches wherein the medical dressing is a flexible, transparent adhesive dressing (Fig. 14A-14C, bandage 51; [0051] “adhesive tape”; [0052]; [0071] “transparent…transmissivity”; [0072] “UV light applied to the bandage may pass through”; [0094]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan T Kuo whose telephone number is (408)918-7534. The examiner can normally be reached M-F 10 a.m. - 6 p.m. PT.
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/JONATHAN T KUO/Primary Examiner, Art Unit 3792
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