DETAILED ACTION
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 .
Claim(s) Status
Claim 1 is currently pending.
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.
Claim(s) B1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Patel et al. (“Patel”, US 20070219516 A1). 1) Regarding claim 1, Patel disclose a surgical article comprising: a sheet of an absorbent fabric material configured to absorb body fluid (¶¶4,2 5 with regard to the surgical absorbent substrate); and a first plurality of discreet radiopaque elements distributed over at least one distribution line extending from one edge of the sheet to another edge of the sheet (Patel discloses, in ¶31 with reference to Fig. 6, that radiopaque (52) may be spaced in an intermittent longitudinal direction. Fig. 6 illustrates element 52 expanding from one end of detectable element 50. Fig. 9 illustrates that the detectable element 80 is secured to the absorbent substrate 88 (corresponding to a sheet). Fig. 11A illustrates the detectable element in a manner that expands from one end of the absorbent 88 to another end, see Z configuration expanding from one end of the absorbent substrate 88 to another end); wherein the first plurality of discreet radiopaque elements are arranged in a tethered construct which is attached to the sheet of an absorbent fabric material (Patel discloses, ¶32 with reference to Figs. 9-10A, that the detectable element is woven into the absorbent substrate 88 in a Z configuration (corresponding to being arranged in a tethered construct).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5575781 A; US 5725517 A; US 20060004408 A1; US 20110066124 A1; US 20160206399 A1, system stitching/weaving radiopaque element to an absorbent article.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHICO A FOXX whose telephone number is (571)272-5530. The examiner can normally be reached 9:00 - 6:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached at 571-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHICO A. FOXX
Primary Examiner
Art Unit 2685
/CHICO A FOXX/Examiner, Art Unit 2685
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