DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 23 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 23 recites the limitation "the expandable container" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 19-24 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Fink et al. (2008/0082059) in view of Biggie et al. (2005/0137539).
With respect to claim 19, Fink discloses a method of treating a wound comprising applying a dressing 102 over a wound W, as shown in figure 1. Fink further discloses providing a fluid collection apparatus 200 in fluid communication with a wound dressing 206 to receive fluid from the wound into a canister 202, as shown in figure 5A. The canister 202 has a top portion, a bottom portion, a length, an inlet 216, an outlet 218, and a flexible bag 202, as shown in figure 8, the inlet and outlet defining a fluid flow path 214 therebetween. The flexible bag comprises a super absorber material 210 configured to trap and store fluid removed from the wound, as shown in figure 8 and disclosed in paragraph [0051]. The absorptive material 210 extends from a top portion to a bottom portion of the canister 202, as shown in figure 8. A negative pressure source 208 is in fluid communication with the outlet of the consider 202, as shown in figures 5A and 8.
Fink discloses all aspects of the claimed invention with the exception of the absorptive material being in sheets. Fink discloses in paragraph [0051] that the absorptive material comprises a plurality of layers of superabsorbent material inside each of the channels 210, as shown in figure 8, but does not disclose the absorptive material is in sheets.
Biggie discloses a fluid collection system for negative pressure wound therapy, as shown in figure 11, the system comprising a canister 102. Biggie discloses that the canister 102 comprises a sheet of absorptive material 113 therein, as shown in figure 9, and teaches that the absorptive material comprises sheets of superabsorbent gelling material, as disclosed in paragraph [0065]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the absorptive material of Fink in sheets, as taught by Biggie, to achieve the predictable result of absorptive material in a form that is easily layered within a canister.
With respect to claim 20, Fink discloses the inlet and outlet are at a top portion of the canister 202, as shown in figure 6.
With respect to claim 21, Fink further discloses a first conduit 222 connecting the inlet of the canister 202 to the wound dressing 206 and a second conduit 222 connecting the outlet of the canister 202 to the source of negative pressure 208, as shown in figure 5A.
With respect to claim 22, Fink discloses that the canister 202 comprises a first side and a second side, as shown in figure 6, and the inlet is located on the top portion of the first side and the outlet is located on the top portion on the second side.
With respect to claim 23, modified Fink discloses that the sheets of absorptive material are oriented essentially parallel to a first surface of the container 202, as shown in figure 8.
With respect to claim 24, the flexible bag of Fisk expands as fluid is absorbed by the absorptive material, as disclosed in paragraph [0051].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at 571-272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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