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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to because of the following informalities: the claim should be amended as follows for improved clarity:
“…an absorbent foam pad coupled to a portion of one surface of the backing film; an adhesive sheet provided on a remaining portion of the one surface of the backing film wherein the adhesive sheet is coated with an adhesive agent, and made of a material through which an exudate discharged from a wound passes; and a lining material…”.
Appropriate correction is required.
Double Patenting
NON-STATUTORY 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 12636196 (“the ‘196 Patent”) in view of Patel (GB 2353219 A).
Although the claims at issue are not identical, they are not patentably distinct from each other because the application claims would have been obvious over the claims in the ‘196 Patent in view of the Patel reference to one having ordinary skill in the art before the effective filing date of the invention.
Specifically, all the limitations of independent claim 1 can be found in claim 1 of the ‘196 patent except that there is no disclosure of a lining material formed symmetrically in closed portions of the peripheral edge portion of the adhesive sheet.
Patel, however, teaches an island wound dressing with closed portions along the peripheral edge (shown in fig 1) that comprises a lining material provided along the peripheral edge (tube 4 of polymer film extending around margin 5) that is configured such that the lining material is formed symmetrically in the closed portions of the peripheral edge portion (as shown in figure 1, the tube 4 is arranged such that it is spaced an equal distance from each side of the centrally disposed absorbent material 3 and thus is symmetrically formed in the peripheral edge portion of the dressing). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have modified the lining material in claim 1 of the ‘196 Patent to be formed symmetrically in closed portions of the peripheral edge portion of the adhesive sheet, as taught by Patel, in order to permit balanced levels of fluid passage to all sides of the absorbent foam pad at the center of the structure.
All of the limitations of claims 2-6 can be found in claims 2-6 of the ‘196 Patent.
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Perez-Foullerat (EP 3072533 A1); Trieu (US 2009/0148503);Bolton et al (US 4784653); Dhaeze et al (WO 2008034897 A1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAITLIN CARREIRO whose telephone number is (571)270-7234. The examiner can normally be reached M-F 7:30am-4pm.
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/CAITLIN A CARREIRO/Primary Examiner, Art Unit 3786
