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 .
Response to Amendment
This office action is responsive to the amendment filed on 9/29/2025. As directed by the amendment, the status of the claim(s) are:
Claim(s) 1, 8, 13, 15 has/have been amended;
Claim(s) 18-20 is/are new;
Claim(s) 1-20 is/are presently pending.
The amendment(s) to the claim(s) is sufficient to overcome the claim objection(s) from the previous office action.
Response to Arguments
Applicant’s statement that “terminal disclaimer is submitted upon allowance of one or more claims” is acknowledged. It is noted that no TD has been filed. The double patenting rejection(s) has been updated in light of amendments.
With regard to claim rejections under 35 USC 102 and/or 103, Applicant’s arguments have been fully considered but are moot in light of new grounds of rejection due to claim amendment(s).
Applicant argues on p. 5 of remarks that primary reference Eckhardt teaches away from on-board untethered power source. After review, this is not persuasive because Eckhardt explicitly teaches the use of batteries ([0045] “batteries; [0054] “batteries”).
The other features discussed by Applicant are newly amended into claims and are addressed in the 103 rejection(s) below. Applicant should note that under BRI, the claims as currently recited are not so limited to a “small and nonintrusive that is merely need adhesive dressing or tape” as discussed in remarks p. 5 bottom. Specifically, the independent claims are open-ended and so allow for additional structure.
Applicant’s request on p. 5 and 6 of remarks for the Examiner to contact Applicant representative should there be any issues that prevent allowance of application or after the Examiner has reviewed the filed response is acknowledged. MPEP 713.01 IV states that “Where a complete reply to a first action includes a request for an interview…, the examiner, as soon as he or she has considered the effect of the reply, should grant such request if it appears that the interview or consultation would result in expediting the case to a final action. In addition, MPEP 713.01 citing 37 C.F.R. 1.33 (3) states “The examiner may require that an interview be scheduled in advance”. The Examiner considers that an interview at this point in the prosecution of the application would not expedite the case to a final action because after consideration of the filed claim amendments/remarks, an updated search and/or new grounds of rejection have been necessary; in other words, an interview would not seem to expedite the case to a final action because the filed amendments/remarks already do advance prosecution of the case. Should Applicant desire an interview after review of this action; Applicant is requested to schedule one in advance with the Examiner by calling or using AIR.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 5, 6, 7, 8, 13, 14, 22-24, 27 of U.S. Patent No. 11596772; cited in previous office action. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claim(s) is/are broader than the corresponding claim(s) in the reference patent and thus the corresponding claim(s) is/are a species of the more generic instant claim(s). It has been held that the generic invention is "anticipated" by the "species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Furthermore, they are not patentably distinct from each other because the instant application claim(s) overlap in scope with and are anticipated and/or obvious over the reference claim(s).
Regarding claim 1, U.S. Patent No. 11596772 teaches an antimicrobial light-emitting device, comprising:
an adhesive dressing (claim 14; claims 23-24);
a skin-safe antimicrobial light source (claim 1; claim 7; claim 22; claim 27), the light source extending across an edge of the adhesive dressing (claim 20; it would be an obvious change in shape and/or rearrangement of parts to have light source extend across edge; MPEP 2144.04);
a power source (claim 1; claim 7; claim 13; claim 22; claim 27, inherent that light needs power source) disposed on the adhesive dressing (claim 14; claims 23-24); and
an attachment for use with catheter dressings (claim 1; claim 6; claim 7; claim 14; claim 24; claim 22’s “percutaneous device” reads on catheter; claim 27).
Regarding claim 2, U.S. Patent No. 11596772 teaches wherein the light source emits light that is both antimicrobial and noncarcinogenic to the skin (claim 5; claim 22; claim 27).
Regarding claim 3, U.S. Patent No. 11596772 teaches wherein the light source is comprised of at least one light-emitting diode (LED) (claim 8).
Regarding claim 4, U.S. Patent No. 11596772 teaches wherein the power source is connected to the light source (claim 1; claim 7; claim 13; claim 22; claim 27, inherent that light needs power source).
Regarding claim 5, U.S. Patent No. 11596772 teaches wherein the attachment is configured for use with a catheter dressing (claim 1; claim 6; claim 7; claim 14; claim 24; claim 22’s “percutaneous device” reads on catheter; claim 27).
Regarding claim 6, U.S. Patent No. 11596772 teaches wherein the attachment is configured for use with a catheter dressing to secure the light source (claim 1; claim 6; claim 7; claim 14; claim 24; claim 22’s “percutaneous device” reads on catheter; claim 27).
Regarding claim 7, U.S. Patent No. 11596772 teaches wherein the attachment is configured to position the light source to bathe a region around a skin entry site of a catheter (claim 1; claim 2; claim 6; claim 7; claim 14; claim 24; claim 22’s “percutaneous device” reads on catheter; claim 27).
Regarding claim 8, U.S. Patent No. 11596772 teaches an antimicrobial light-emitting device, comprising:
an adhesive dressing (claim 14; claims 23-24);
a skin-safe antimicrobial light source (claim 1; claim 7; claim 22; claim 27), the light source extending across an edge of the adhesive dressing (claim 20; it would be an obvious change in shape and/or rearrangement of parts to have light source extend across edge; MPEP 2144.04);
a power source (claim 1; claim 7; claim 13; claim 22; claim 27, inherent that light needs power source) disposed on the adhesive dressing (claim 14; claims 23-24); and
an attachment for use with catheter securement devices (claim 1; claim 6; claim 7; claim 14; claim 24; claim 22’s “percutaneous device” reads on catheter; claim 27).
Regarding claim 9, U.S. Patent No. 11596772 teaches wherein the light source emits light that is both antimicrobial and noncarcinogenic to the skin (claim 5; claim 22; claim 27).
Regarding claim 10, U.S. Patent No. 11596772 teaches wherein the light source is comprised of at least one LED (claim 8).
Regarding claim 11, U.S. Patent No. 11596772 teaches wherein the power source is connected to the light source (claim 1; claim 7; claim 13; claim 22; claim 27, inherent that light needs power source).
Regarding claim 12, U.S. Patent No. 11596772 teaches wherein the attachment is configured for use with a catheter securement device (claim 1; claim 6; claim 7; claim 14; claim 24; claim 22’s “percutaneous device” reads on catheter; claim 27).
Regarding claim 13, U.S. Patent No. 11596772 teaches wherein the attachment is configured for use with a catheter securement device to secure the light source (claim 1; claim 6; claim 7; claim 14; claim 24; claim 22’s “percutaneous device” reads on catheter; claim 27).
Regarding claim 14, U.S. Patent No. 11596772 teaches wherein the attachment is configured to position the light to bathe the region around the skin entry site of a catheter (claim 1; claim 2; claim 6; claim 7; claim 14; claim 24; claim 22’s “percutaneous device” reads on catheter; claim 27).
Regarding claim 15, U.S. Patent No. 11596772 teaches a method of reducing catheter-related infections, comprising:
providing a skin-safe antimicrobial light-emitting device (claim 1; claim 7; claim 22; claim 27) on an adhesive dressing (claim 14; claims 23-24);
disposing a power source onto the adhesive dressing for powering the light emitting device (claim 1; claim 7; claim 13; claim 22; claim 27, inherent that light needs power source; claim 14; claims 23-24);
positioning the antimicrobial light for extending across an edge of the adhesive dressing (claim 20; it would be an obvious change in shape and/or rearrangement of parts to have light source extend across edge; MPEP 2144.04) to bathe the region around a skin entry site of a catheter (claim 1; claim 2; claim 6; claim 7; claim 14; claim 24; claim 22’s “percutaneous device” reads on catheter; claim 27); and
reducing the bacterial burden in the region around the skin entry site of a catheter based on an irradiation from the antimicrobial light (claim 1; claim 7; claim 22; claim 27 “antimicrobial”).
Regarding claim 16, U.S. Patent No. 11596772 teaches wherein the antimicrobial light-emitting device further comprises a skin-safe antimicrobial light source (claim 1; claim 7; claim 22; claim 27), a power source (claim 1; claim 7; claim 13; claim 22; claim 27, inherent that light needs power source), and an attachment for use with catheter dressings or catheter securement devices (claim 1; claim 6; claim 7; claim 14; claim 24; claim 22’s “percutaneous device” reads on catheter; claim 27).
Regarding claim 17, U.S. Patent No. 11596772 teaches wherein the antimicrobial light kills bacteria in the region around the skin entry site of a catheter (claim 1; claim 2; claim 6; claim 7; claim 14; claim 24; claim 22’s “percutaneous device” reads on catheter; claim 27 “antimicrobial”).
Regarding claim 18, U.S. Patent No. 11596772 teaches wherein the adhesive dressing is a flexible adhesive tape configured for adhesion to an epidermal surface (claim 14; claims 23-24; the structure of dressing is that of the recited flexible adhesive tape).
Regarding claim 19, U.S. Patent No. 11596772 teaches wherein the adhesive dressing forms an enclosed loop on the epidermal surface and the light source is disposed within the enclosed loop (claims 7, 17, 19-20, 22-25).
Regarding claim 20, U.S. Patent No. 11596772 teaches wherein the enclosed loop surrounds a transparent window (claims 6, 25).
Claim(s) 1-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 2, 5, 6, 7, 8, 9, 16, 17, 19, 20, 21, 22, 23, 24 of U.S. Patent No. 12083292; cited in previous office action. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claim(s) is/are broader than the corresponding claim(s) in the reference patent and thus the corresponding claim(s) is/are a species of the more generic instant claim(s). It has been held that the generic invention is "anticipated" by the "species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Furthermore, they are not patentably distinct from each other because the instant application claim(s) overlap in scope with and are anticipated and/or obvious over the reference claim(s).
Regarding claim 1, U.S. Patent No. 12083292 teaches an antimicrobial light-emitting device, comprising:
an adhesive dressing (claim 17; claim 23);
a skin-safe antimicrobial light source (claim 1; claim 7; claim 22; claim 24), the light source extending across an edge of the adhesive dressing (claim 20; it would be an obvious change in shape and/or rearrangement of parts to have light source extend across edge; MPEP 2144.04);
a power source disposed on the adhesive dressing (claims 9, 16, inherent that light needs power source); and
an attachment for use with catheter dressings (claim 1; claim 6; claim 7; claim 24; “percutaneous medical device” reads on catheter).
Regarding claim 2, U.S. Patent No. 12083292 teaches wherein the light source emits light that is both antimicrobial and noncarcinogenic to the skin (claim 5; claim 21).
Regarding claim 3, U.S. Patent No. 12083292 teaches wherein the light source is comprised of at least one light-emitting diode (LED) (claim 8).
Regarding claim 4, U.S. Patent No. 12083292 teaches wherein the power source is connected to the light source (claim 9, inherent that light needs power source).
Regarding claim 5, U.S. Patent No. 12083292 teaches wherein the attachment is configured for use with a catheter dressing (claim 1; claim 6; claim 7; claim 24; “percutaneous medical device” reads on catheter).
Regarding claim 6, U.S. Patent No. 12083292 teaches wherein the attachment is configured for use with a catheter dressing to secure the light source (claim 1; claim 6; claim 7; claim 17; claim 23; claim 24; “percutaneous medical device” reads on catheter).
Regarding claim 7, U.S. Patent No. 12083292 teaches wherein the attachment is configured to position the light source to bathe a region around a skin entry site of a catheter (claim 2; claim 19).
Regarding claim 8, U.S. Patent No. 12083292 teaches an antimicrobial light-emitting device, comprising:
an adhesive dressing (claim 17; claim 23);
a skin-safe antimicrobial light source (claim 1; claim 7; claim 22; claim 24), the light source extending across an edge of the adhesive dressing (claim 20; it would be an obvious change in shape and/or rearrangement of parts to have light source extend across edge; MPEP 2144.04);
a power source disposed on the adhesive dressing (claims 9, 16, inherent that light needs power source); and
an attachment for use with catheter securement devices (claim 1; claim 6; claim 7; claim 24; “percutaneous medical device” reads on catheter).
Regarding claim 9, U.S. Patent No. 12083292 teaches wherein the light source emits light that is both antimicrobial and noncarcinogenic to the skin (claim 5; claim 21).
Regarding claim 10, U.S. Patent No. 12083292 teaches wherein the light source is comprised of at least one LED (claim 8).
Regarding claim 11, U.S. Patent No. 12083292 teaches wherein the power source is connected to the light source (claim 9, inherent that light needs power source).
Regarding claim 12, U.S. Patent No. 12083292 teaches wherein the attachment is configured for use with a catheter securement device (claim 1; claim 6; claim 7; claim 24; “percutaneous medical device” reads on catheter).
Regarding claim 13, U.S. Patent No. 12083292 teaches wherein the attachment is configured for use with a catheter securement device to secure the light source (claim 1; claim 6; claim 7; claim 17; claim 23; claim 24; “percutaneous medical device” reads on catheter).
Regarding claim 14, U.S. Patent No. 12083292 teaches wherein the attachment is configured to position the light to bathe the region around the skin entry site of a catheter (claim 2; claim 19).
Regarding claim 15, U.S. Patent No. 12083292 teaches a method of reducing catheter-related infections, comprising:
providing a skin-safe antimicrobial light-emitting device (claim 1; claim 7; claim 22; claim 24) on an adhesive dressing (claim 17; claim 20; claim 23);
disposing a power source onto the adhesive dressing for powering the light emitting device (claims 9, 16, inherent that light needs power source);
positioning the antimicrobial light for extending across an edge of the adhesive dressing (claim 20; it would be an obvious change in shape and/or rearrangement of parts to have light source extend across edge; MPEP 2144.04) to bathe the region around a skin entry site of a catheter (claim 2; claim 19); and
reducing the bacterial burden in the region around the skin entry site of a catheter based on an irradiation from the antimicrobial light (claim 1; claim 7; claim 22; claim 24 “antimicrobial”).
Regarding claim 16, U.S. Patent No. 12083292 teaches wherein the antimicrobial light-emitting device further comprises a skin-safe antimicrobial light source (claim 1; claim 7; claim 22; claim 24), a power source (claim 9, inherent that light needs power source, inherent that light needs power source), and an attachment for use with catheter dressings or catheter securement devices (claim 1; claim 6; claim 7; claim 24; “percutaneous medical device” reads on catheter).
Regarding claim 17, U.S. Patent No. 12083292 teaches wherein the antimicrobial light kills bacteria in the region around the skin entry site of a catheter (claim 1; claim 7; claim 22; claim 24 “antimicrobial”).
Regarding claim 18, U.S. Patent No. 12083292 teaches wherein the adhesive dressing is a flexible adhesive tape configured for adhesion to an epidermal surface (claim 17; claim 23; the structure of dressing is that of the recited flexible adhesive tape).
Regarding claim 19, U.S. Patent No. 12083292 teaches wherein the adhesive dressing forms an enclosed loop on the epidermal surface and the light source is disposed within the enclosed loop (claim 20).
Regarding claim 20, U.S. Patent No. 12083292 teaches wherein the enclosed loop surrounds a transparent window (claim 6).
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) 1-20 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 light-emitting device, comprising:
an adhesive dressing ([0051]-[0052]; [0094]);
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 1include, 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.”).
Eckhardt does not explicitly teach the light source extending across an edge of the adhesive dressing. However, Eckhardt teaches that the light source can be placed in an appropriate manner in order to target the light to the edge of the dressing/bandage as needed (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A; [0051]-[0052]; [0079] “edge of the bandage…sterilization/disinfection unit…would need to be positioned properly”; [0086]-[0087]). Thus it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Eckhardt to have the light source extending across an edge of the adhesive dressing since this is an obvious rearrangement of parts and/or change in shape; MPEP 2144.04.
Eckhardt teaches a power source (Fig. 16) disposed on the adhesive dressing ([0045] “batteries; [0054] “batteries”; [0051]-[0052]; [0094]); and
an attachment for use with catheter dressings (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A; [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 attachment 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 attachment 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 attachment 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).
Regarding claim 8, Eckhardt teaches an antimicrobial light-emitting device, comprising:
an adhesive dressing ([0051]-[0052]; [0094]);
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 1include, 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.”).
Eckhardt does not explicitly teach the light source extending across an edge of the adhesive dressing. However, Eckhardt teaches that the light source can be placed in an appropriate manner in order to target the light to the edge of the dressing/bandage as needed (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A; [0051]-[0052]; [0079] “edge of the bandage…sterilization/disinfection unit…would need to be positioned properly”; [0086]-[0087]). Thus it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Eckhardt to have the light source extending across an edge of the adhesive dressing since this is an obvious rearrangement of parts and/or change in shape; MPEP 2144.04.
Eckhardt teaches a power source (Fig. 16) disposed on the adhesive dressing ([0045] “batteries; [0054] “batteries”; [0051]-[0052]; [0094]); and
an attachment for use with catheter securement devices (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A; [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 attachment is configured for use with a catheter securement device (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A; [0094]).
Regarding claim 13, Eckhardt teaches wherein the attachment is configured for use with a catheter securement device to secure the light source (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A; [0094]).
Regarding claim 14, Eckhardt teaches wherein the attachment 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).
Regarding claim 15, Eckhardt teaches a method of reducing catheter-related infections, comprising:
providing a skin-safe antimicrobial light-emitting device (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.”) on an adhesive dressing ([0051]-[0052]; [0094]);
disposing a power source (Fig. 16) onto the adhesive dressing for powering the light emitting device ([0045] “batteries; [0054] “batteries”; [0051]-[0052]; [0094]);
positioning the antimicrobial light to bathe the region around a skin entry site of a catheter (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A).
Eckhardt does not explicitly teach for extending across an edge of the adhesive dressing. However, Eckhardt teaches that the light source can be placed in an appropriate manner in order to target the light to the edge of the dressing/bandage as needed (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A; [0051]-[0052]; [0079] “edge of the bandage…sterilization/disinfection unit…would need to be positioned properly”; [0086]-[0087]). Thus it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Eckhardt to have the light source extending across an edge of the adhesive dressing since this is an obvious rearrangement of parts and/or change in shape; MPEP 2144.04.
Eckhardt teaches reducing the bacterial burden in the region around the skin entry site of a catheter based on an irradiation 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 catheter dressings or catheter securement devices (Fig. 2-3; Fig. 5A; Fig. 7A; Fig. 14A; [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 adhesive dressing is a flexible adhesive tape configured for adhesion to an epidermal surface ([0051] “adhesive tape”; [0052]; [0094]).
Regarding claim 19, Eckhardt teaches wherein the adhesive dressing forms an enclosed loop on the epidermal surface and the light source is disposed within the enclosed loop (Fig. 8; Fig. 14A-14B; [0051]-[0052]; [0072]; [0094]-[0095]).
Regarding claim 20, Eckhardt teaches wherein the enclosed loop surrounds a transparent window (Fig. 8; Fig. 14A-14B; [0051]-[0052]; [0071]; [0086]-[0087]; [0094]-[0095]).
Conclusion
THIS ACTION IS MADE FINAL. 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 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