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 .
Election/Restrictions
Applicant’s election without traverse of Species 8, Figure 4D, in the reply filed on 3/19/2026 is acknowledged. Applicant submits that claims 1-20 are drawn toward the elected species. However, claim 9 recites features of a pattern of depressions which are disclosed and discussed in relation to Figures 1-2. Thus, claims 9-10 are withdrawn from consideration as being drawn to a non-elected embodiment. Claims 11-12 recites features of the porous layer comprising a pattern of openings that coincide with the pattern of openings in said second coating. These features are shown and discussed with respect to Figure 2 and not in elected embodiment of Figure 4D. Therefore, claims 11-12 are being withdrawn. Claims 7, 16, and 17 recite the first coating has penetrated into at least 10% of the thickness of the porous layer, essentially the entire thickness of the porous layer, or at least partly penetrates into said pores or openings of the porous layer. These features are not shown or disclosed specifically being in the elected embodiment of Figure 4D and have therefore been withdrawn.
Claims 7, 9-12, and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/19/2026.
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 1-6, 8, and 13-15 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.
Claim 1 recites the limitation “the surface area” in line 5, "those portions" in line 11, and “the corresponding plane” in lines 15-16. There is insufficient antecedent basis for this limitation in the claim. Furthermore, it is unclear what “those portions” of the surface area are referring to.
The term “more” in claim 4 is a relative term which renders the claim indefinite. The term “more” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim recites the second coating has rendered the first side “more hydrophobic”. More hydrophobic than what?
Claim 5 recites “Medical dressing according to claim 1” which should recite –The medical dressing according to claim 1—to clarify it is referring to the medical dressing of claim 1.
Regarding claim 5, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
The remaining claims are rejected due to their dependency.
Claim Rejections - 35 USC § 102
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 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 1-6, 8, and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maher et al (US 2019/0351094 A1).
Regarding claim 1, Maher discloses a medical dressing comprising: a) a porous layer (120; [0063], [0083]) having a first side and a second side, wherein said first side and said second side are opposite to each other and extend in the horizontal direction of said porous layer (Figures 1A-1B); b) a first coating extending along at least a portion of the surface area of said first side of said porous layer (adhesive layer 114; alternatively fluid transport layer 106), wherein said first coating has a first surface facing away from said first side of said porous layer (Figure 1A-1B); c) a second coating (102) extending along said first side of said porous layer, said second coating comprising a pattern of through openings (104), wherein said second coating has a first surface facing away from said first side of said porous layer (Figures 1A-1B); wherein said first coating extends along at least those portions of the surface area of said first side of said porous layer that coincide with the through openings of said second coating (Figures 1A-1B); and wherein said first surface of said second coating extends in a plane (B) that is farther away, in the vertical direction, from the first side of said porous layer, than the corresponding plane (A) defined by the first surface of said first coating (Figures 1A-1B).
Regarding claim 2, Maher discloses wherein said porous layer is an absorbent layer ([0063]).
Regarding claim 3, Maher discloses wherein said absorbent layer is a foam material, an array of fibers, or a network of fibers, or any combination thereof ([0063]).
Regarding claim 4, Maher discloses wherein the second coating has a primary function of being adhesive (102 is a silicone adhesive) while the first coating (106) has a primary function of rendering the first side of the porous layer hydrophobic or more hydrophobic ([0049]). It is noted that applicant’s specification discloses that “the hydrophobic coating acts as a barrier or ‘one-way valve’ against reflux of the wound exudate from the porous layer back to the wound, i.e. allows fluid to pass from the wound to the porous layer but avoids or minimizes flow from the porous layer back into the wound (or onto the skin)” (see third paragraph on page 8 of specification). Likewise, the fluid transport layer 106 of Maher discloses “any aqueous fluids absorbed by the fluid transport layer 106 will be transported or pumped from the first surface 108 to the second surface 110 of the fluid transport layer 106. This active transportation or pumping of the fluids ensures that excess moisture does not accumulate at the interface of fluid transport layer 106 and a fluid exuding surface, such as the skin or an exuding wound” [0049] and that the treated side is more hydrophobic than the non-treated side [0051], thus reading on the claim.
Regarding claim 5, Maher discloses wherein (I) said pattern of through openings in said second coating is a regular geometric pattern or array, preferably represents a circular, rectangular or trapezoidal array of through openings (Figure 1B or 1C); or: wherein (II) said second coating is an adhesive coating (adhesive 102; [0076]); or: wherein (III) said first coating is a hydrophobic coating ([0049], [0051]); or: wherein (IV) said second coating has a coating weight of from 50 g/m2 to 500 g/m2.
Regarding claim 6, Maher discloses wherein (I) said porous layer is or comprises a hydrophilic open-cell foam, or is or comprises an array of gelling fibers, hydro-entangled fibers, and/or superabsorbent fibers, or is or comprises a woven or a non-woven network of fibers ([0063]); or wherein (II) the thickness of said porous layer is from 0.5 mm to 30 mm.
Regarding claim 8, Mayer discloses wherein said medical dressing comprises a further porous layer, wherein said further porous layer is an absorbent layer (fluid retentive layer can also comprise a combination of two or more discrete layers [0063]).
Regarding claim 14, Mayer discloses wherein said medical dressing further comprises a backing layer (130) extending along the second side of the porous layer (Figures 1A-1B).
Regarding claim 15, Mayer discloses wherein the first coating extends along essentially the entire surface area of said first side (Figures 1A-1B).
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Maher et al (US 2019/0351094 A1) in view of Flach et al (US 2017/0258956 A1).
Regarding claim 13, Maher discloses that as applied above but does not disclose said medical dressing further comprises a perforation layer comprising a pattern of through openings, wherein said perforation layer has a first side and a second side wherein said first side of said perforation layer is arranged to face away from the first side of the porous layer, wherein said second coating is provided on said first side of said perforation layer, and wherein said pattern of through openings in said second coating substantially coincides with said pattern of through openings in said perforation layer. Flach teaches a similar medical dressing wherein said medical dressing further comprises a perforation layer (11) comprising a pattern of through openings (14), wherein said perforation layer has a first side and a second side wherein said first side of said perforation layer is arranged to face away from the first side of the porous layer (2), wherein said second coating (3) is provided on said first side of said perforation layer (Figure 2b), and wherein said pattern of through openings in said second coating substantially coincides with said pattern of through openings in said perforation layer (Figure 2b). It would have been obvious to one of ordinary skill in the art at the time of filing to provide the dressing of Mayer having a perforation layer taught by Flach for providing the desired absorption.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kari Rodriquez whose telephone number is 571-270-1909. The examiner can normally be reached Monday-Friday 6-3 EST.
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/KARI K RODRIQUEZ/Primary Patent Examiner, Art Unit 3786
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