Ex Parte Locke et alDownload PDFPatent Trial and Appeal BoardJun 14, 201613211172 (P.T.A.B. Jun. 14, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 13/211, 172 08/16/2011 Christopher Brian Locke 60402 7590 06/16/2016 KINETIC CONCEPTS, INC c/o Harness Dickey & Pierce 5445 Corporate Drive Suite 200 Troy, MI 48098 UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. VAC.0947US 3606 EXAMINER TOWNSEND, GUY K ART UNIT PAPER NUMBER 3761 NOTIFICATION DATE DELIVERY MODE 06/16/2016 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): dgodzisz@hdp.com troymailroom@hdp.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte CHRISTOPHER BRIAN LOCKE and JAMES LUCKEMEYER Appeal2014-005659 Application 13/211, 172 Technology Center 3700 Before ERIC B. GRIMES, ULRIKE W. JENKS, and ROBERT A. POLLOCK, Administrative Patent Judges. PERCURIAM. DECISION ON APPEAL This is a decision on appeal 1 under 35 U.S.C. § 134 from the Examiner's rejection of claims 1-19, 26, and 55. We have jurisdiction under 35 U.S.C. § 6(b ). We reverse. STATEMENT OF THE CASE The Specification discloses a reduced-pressure treatment system for applying reduced pressure to a tissue site (Spec. 7 i-f 26). Figure 3 of the Specification is shown below: 1 Appellants identify the Real Party in Interest as KCI Licensing, Inc. (App. Br. 2). Appeal2014-005659 Application 13/211, 172 <;i,~~ 1~1=-. .<,~~ ;ft'' Ff(J:. 3 t~~-:,,:£~~16l 1~,, ''-.~- 1t,r, --1'1JI~~ ',:-" _ < ' • ''°' ... ,_ ,, ··..,,., .. \~ :.... \, \ ....... ~~,~............ ' . '",.(..... \, "--·:,./ .......... -... -.-- Figure 3 shows a "liquid-collection canister" for the system (id. at 5 ii 15). The canister includes an elongated member ( 162) that forms a conduit and allows gas flow between the liquid collection chamber and the canister outlet, but prevents flow of liquids (id. at 11 ii 39). The elongated member can include an outer layer that "prevents, or substantially prevents, the passage of liquid (e.g., exudate) ... into the inner portion'' (id. at 14 ,-r 45). The elongated member can also include a "manifold or a biasing member" in the inner portion to reduce collapse of the elongated member under reduced pressure (id. at 15 ii 48). Claims 1 and 26 are representative of the claims on appeal and read as follows: 1. A reduced pressure treatment system for applying reduced pressure treatment to a tissue site, the system comprising: a reduced pressure source; and a liquid-collection canister comprising: a canister housing defining a first space configured to collect liquid from the tissue site; a canister outlet configured to allow fluid communication between the reduced pressure source and the first space; 2 Appeal2014-005659 Application 13/211, 172 a liquid-air separator disposed adjacent the canister outlet to prevent the liquid from exiting the first space through the canister outlet; an elongated member connected to the liquid-air separator and extending away from the liquid-air separator into the first space, the elongated member having a wall defining a second space, at least a portion of the wall allowing gaseous communication between the first space and the second space; and a biasing member disposed in the second space to reduce collapse of the wall into the second space when the second space is exposed to reduced pressure; wherein the elongated member and the biasing member are conformable within the canister housing. 26. A reduced pressure treatment system for applying reduced pressure treatment to a tissue site, the system comprising: a reduced pressure source; a liquid-collection canister comprising: a chamber configured to collect liquid from the tissue site; a canister outlet in fluid communication with the reduced pressure source; a flexible membrane forming a gas communication pathway; and a manifold disposed within the gas communication pathway and adapted to support the flexible membrane and manifold gas through the gas communication pathway under reduced pressure; wherein the flexible membrane is positioned in the chamber such that the gas communication pathway is in fluid communication with the canister outlet, and at least a portion of the flexible membrane is gas permeable and substantially liquid impermeable; and wherein the flexible membrane and the manifold are conformable within the chamber. 3 Appeal2014-005659 Application 13/211, 172 The claims stand rejected under 35 U.S.C. § 103(a) as follows: •Claims 26 and 55 in view of vVatson2 and vViesner3; and Copy with citationCopy as parenthetical citation