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 .
Response to Amendment
This office action is responsive to the claim amendments filed on 01/28/2026. As directed by the amendment: claims 1, and 17 have been amended; and no claims have been added. Thus, claims 1-20 are presently pending in this application.
Applicants’ amendments to claims 1 and 17 have overcome Examiner’s rejection under 35 USC § 112(a) and is therefore withdrawn.
Response to Arguments
Applicant's arguments filed 1/16/2026 with regard to US 2017/0080134 to Makower are considered moot in light of Applicant’s claim amendments submitted 1/22/2026
Applicant’s arguments filed 1/22/2026 with regard to Makower and 1/22 claim amendments are considered persuasive. See amended rejections below.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0082165 A1 to Alvarez et al. in view of US 2016/0228626 A1 to Cassano, further in view of US 2007/0045152 A1 to Kwok et al. and US 2016/0082166 A1 to Guthrie et al.
In regards to claim 1:
Alvarez teaches a breast pump suction pump (Fig. 1 element 115, para. 74 “Controller 115 houses the power source and drive mechanism for pumping device 100, and also contains hardware for various functions, such as controlling pumping device 100, milk production quantification, and communication with other devices, as described in further detail below.” (emphasis added)), comprising: a housing (Fig. 1 housing of element 115); a processor, wherein one or more sensors include a flow rate sensor that detects a number of milk droplets and the one or more sensors provide sensor data to the processor and, in response, the processor automatically adjusts one or more pump parameters of the breast pump suction pump (Fig. 1 element 115, para. 74 “also contains hardware for various functions, such as controlling pumping device 100,”, para. 111-112 “a beam break sensor 477… …and thus as droplets 468 of milk drain from the expression device outlet into reservoir 462, they break the light beam 477a, allowing measurement of the fluid expressed.”. Para. 129 “some or all of the measurement data collected by the sensors can be fed back to the pumping device… … the feedback can be used to determine adjustments to a vacuum stroke or stroke speed of a pump, piston assembly, or any other suitable actuation assembly.”); and pneumatic tubing connected to the breast pump suction pump through the housing (Fig. 1 element 110 para. 74 “Tube 110 transmits suitable energy inputs, such as mechanical energy inputs, from controller 115 over a long distance to breast interfaces 105.”), wherein the breast pump implements the flow rate sensor and catches and contains expressed milk within the breast pump, the milk flowing away from the pneumatic tubing and from a bottom of a breast pump manifold directly into a container connected to the manifold of the breast pump (Fig. 11D, para. 111-112 “a beam break sensor 477… …and thus as droplets 468 of milk drain from the expression device outlet into reservoir 462, they break the light beam 477a, allowing measurement of the fluid expressed.”. Para. 129 “some or all of the measurement data collected by the sensors can be fed back to the pumping device… … the feedback can be used to determine adjustments to a vacuum stroke or stroke speed of a pump, piston assembly, or any other suitable actuation assembly.”. Fig. 1 elements 125 “collection vessels”. As the milk flows down from the manifold to the collection vessel and the pneumatic tubing is connected to the manifold as seen in Fig. 1, the milk is considered to be flowing down away from the tubing and the bottom of the manifold into the collection vessel.) and the breast pump being implemented separately from the housing (See Annotated Fig. 1 below), the container also acting as a base for the breast pump on the bottom of the breast pump (Fig. 1 elements 125), wherein the processor of the breast pump suction pump receives the sensor data collected by the breast pump and, in response, adjusts at least one of the one or more of the pump parameters of the breast pump suction pump to adjust a flow rate of expressed milk (Para. 129 “In exemplary embodiments, some or all of the measurement data collected by the sensors can be fed back to the pumping device in order to optimize fluid expression. Preferably, the feedback can be transmitted to a processing unit and/or control unit of the pumping device (e.g., suitable hardware located in the controller 115) configured to control one or more functionalities of the actuation assembly. Based on the feedback, the processing unit can determine changes to actuation parameters of the actuation assembly in order to achieve and/or maintain optimal fluid expression. For example, the feedback can be used to determine adjustments to a vacuum stroke or stroke speed of a pump, piston assembly, or any other suitable actuation assembly.”) and wherein the processor of the breast pump suction pump provides a series of graphical elements as colored lights representative of the flow rate of expressed milk on a display screen disposed within the breast pump suction pump (Fig. 12 element 505, para. 131 “FIG. 12 illustrates an exemplary embodiment of a controller 500 for a pumping device including a display screen 505. The controller 500 can include suitable hardware for collecting, processing, and storing the milk expression data described herein, as well as analysis results obtained from processing the expression data. In preferred embodiments, this information is displayed to a user of the pumping device via the display screen 505.”. Considered colored lights as it is a display using colored light, shown in figure 12 to be black, to represent the flow rate due to Fig. 12 element 510 “Avg. volume: 41 oz” over “Avg. Duration” considered to be flow rate as it contains the volume per time. Alternative embodiments considered usable together due to para. 199 “Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”).
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Alvarez teaches, where the pneumatic tubing applies suction to a breast pump (Fig. 1 element 110, para. 74 “operatively coupled to breast interfaces 105 through tube 110.”) Alvarez does not explicitly teach the tubing connector extending outwardly at the top of the manifold as claimed. Cassano teaches, a connector extending outwardly from the top of a manifold of the breast pump (See annotated Fig. 2 below, element 102. Para. 18 “breast shield connector/adaptor 102”).
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It would have been obvious to one of ordinary skill in the art, prior to the effective date of filing, to modify the breast pump taught by Alvarez to include the connector extending outwardly from the top of the manifold as taught by Cassano. This would have been motivated as a mere design choice as changing the location of suction from the back of the manifold to the top of the manifold and adding a tube connector is considered to be within the level of one of ordinary skill in the art.
Alvarez does not explicitly teach the tubing loaded on a reel as claimed. Kwok teaches, pneumatic tubing connected to the breast pump suction pump and loaded on a spring-loaded reel retractor disposed in the breast pump suction pump which provides the pneumatic tubing through the housing (Fig. 1 elements 60, para. 43 “However, the reels 60, 62 may be rotated in any other suitable manner, e.g., spring, motor. For example, the reels 60, 62 may be spring loaded to retract and may be locked in any extended position.”).
It would have been obvious prior to the effective date of filing, to modify the breast pump suctioning pump taught by Alvarez to include a spring-loaded reel and load the pneumatic tubing on said reel. This would have been motivated by making the device easier to store for the user when not actively using the device.
Guthrie teaches, by connecting the pneumatic tubing (Fig. 1 element 102) to a pneumatic tubing connector (See annotated Fig. 1 below), the pneumatic tubing connector including an opening to the pneumatic tubing (See annotated Fig. 1 below) the opening being disposed on a top of the breast pump (See annotated Fig. 1 below, opening above a top of the breast pump (See annotated Fig. 1 below) to receive suction from the breast pump suction pump through the opening from above to prevent milk in the breast pump from flowing into and blocking the opening (Para. 26 specifically “pneumatic tubing 102 may connect to the milk capture and collection element 101 in a manner that allows milk to flow through the vacuum chamber of the pump portion of milk capture and collection element 101 without drawing milk into pneumatic tubing 102”).
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It would have been obvious to one of ordinary skill in the art, prior to the effective date of filing, to modify the orientation of the pneumatic tubing connector taught by Alvarez to be oriented up such that it is disposed above a top surface of the manifold as taught by Guthrie. This would have been by Guthrie para. 26 “As shown in FIG. 1, pneumatic tubing 102 may connect to the milk capture and collection element 101 in a manner that allows milk to flow through the vacuum chamber of the pump portion of milk capture and collection element 101 without drawing milk into pneumatic tubing 102.”
In regards to claim 2:
The breast pump suction pump of claim 1, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein one of the one or more pump parameters is a suction power applied by the breast pump suction pump (Para. 129 “For example, the feedback can be used to determine adjustments to a vacuum stroke or stroke speed of a pump, piston assembly, or any other suitable actuation assembly.”).
In regards to claim 3:
The breast pump suction pump of claim 1, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein one of the one or more pump parameters is a pump cycle speed (Para. 129 “For example, the feedback can be used to determine adjustments to a vacuum stroke or stroke speed of a pump, piston assembly, or any other suitable actuation assembly.” stroke speed considered to dictate cycle speed).
In regards to claim 4:
The breast pump suction pump of claim 1, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the sensor data provided by the one or more sensors includes information about suction power applied by the breast pump suction pump (para. 107 “In exemplary embodiments, the pumping devices described herein can include one or more sensors for generating measurement data indicative of one or more characteristics of milk expression, such as the volume of expressed milk. In preferred embodiments, the volume can be measured as volume per unit time, volume per pump stroke (e.g., stroke of the actuation assembly), or volume per pump power cycle (e.g., power cycle of the actuation assembly). Any description herein pertaining to measurement of volume can also be applied to measurements of other characteristics, and vice-versa. Any suitable type of sensor can be used, such as accelerometers, Hall effect sensors, photodiode/LED sensors, CCD sensors, cameras and other imaging devices, capacitive sensors, strain gauges, etc., and such sensors can be used in any number and combination. The sensors can be positioned at any location suitable for monitoring fluid flow from the breast, such as on or near a breast interface (e.g., the expression area 260, drain port 265, collection vessel 275). In embodiments where milk is concurrently expressed from a pair of breasts via a pair of breast interfaces, sensors can be located on or near both breast interfaces, or on or near only one of the breast interfaces. The sensors may be integrally formed with or permanently affixed to the pumping device, or they may be provided separately and coupled to the pumping device prior to use. Alternatively, the sensors may be provided as a separate unit that can measure the one or more characteristics of the expressed milk after the milk has been expressed.”). Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”.
In regards to claim 5:
The breast pump suction pump of claim 1, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the processor may further receive data from one or more of a breast pump and a mobile device (Fig. 1 element 115 receives data from sensors in both breast pumps. Para. 129 “In exemplary embodiments, some or all of the measurement data collected by the sensors can be fed back to the pumping device in order to optimize fluid expression. Preferably, the feedback can be transmitted to a processing unit and/or control unit of the pumping device (e.g., suitable hardware located in the controller 115) configured to control one or more functionalities of the actuation assembly. Based on the feedback, the processing unit can determine changes to actuation parameters of the actuation assembly in order to achieve and/or maintain optimal fluid expression. For example, the feedback can be used to determine adjustments to a vacuum stroke or stroke speed of a pump, piston assembly, or any other suitable actuation assembly.”).
In regards to claim 6:
The breast pump suction pump of claim 5, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the data received from one or more of the breast pump and the mobile device includes milk flow rate information (Para. 111 “The beam-break sensor can include a plurality of sensor components and can be configured to detect passage of fluid between or near one or more of the components. Preferably, the sensor can be configured to generate a signal when the expressed fluid breaks a beam by passing between a beam emitter and a beam detector. The resultant signal can be used to produce measurement data indicative of the volume of expressed fluid. For example, the measurement data can be based on the length of time the fluid passes between or near the sensor components.” (emphasis added) considered to be a flow rate as it is a measurement of volume with respect to time).
In regards to claim 7:
The breast pump suction pump of claim 5, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the data received from one or more of the breast pump and the mobile device includes pumped milk volume information (The resultant signal can be used to produce measurement data indicative of the volume of expressed fluid.).
In regards to claim 8:
The breast pump suction pump of claim 1, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches in an alternative embodiment, wherein the display a touch-screen display disposed in the housing of the breast pump suction pump (Fig. 12 elements 500 and 510 Para. 131 “Additionally, the controller 500 can include input devices enabling users to interact with the displayed information, such as the button 515, as well as keyboards, joysticks, touchscreens, switches, or knobs, or suitable combinations thereof.”). Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”.
In regards to claim 9:
The breast pump suction pump of claim 8, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the touch- screen display provides real-time pumping information (Fig. 12 elements 500 and 510. Para. 131 “Furthermore, information can also be transmitted from the controller 500 and displayed on a separate computing device, such as a mobile device 510, as described in further detail below. The information can be presented in any suitable format, including graphs, charts, tables, images, or other visual elements, and may be static or dynamic (e.g., updated in real time, etc.). The controller 500 can also send information about the times of pump usage to the mobile phone 510 so that the mobile application can identify when pumping has occurred and set reminders at desired pumping times. Such reminders can help avoid missed pumping sessions, and thus reduce the incidence of associated complications such as mastitis. Additionally, the controller 500 can include input devices enabling users to interact with the displayed information, such as the button 515, as well as keyboards, joysticks, touchscreens, switches, or knobs, or suitable combinations thereof.”). Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”.
In regards to claim 10:
The breast pump suction pump of claim 9, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the real-time pumping information includes one or more of suction pump pressure, volume of milk pumped, and milk flow rate (Fig. 12 elements 500 and 510 “Avg. Volume”. Para. 131). Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”.
In regards to claim 11:
The breast pump suction pump of claim 8, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein a graphical element on the touch-screen display indicates a milk flow rate based on the sensor data received by the processor from the breast pump (Fig. 20A “Avg. Volume: 41oz Avg. Duration: 23 min” considered to Avg flow rate 41oz per 23 minutes). Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”.
In regards to claim 12:
The breast pump suction pump of claim 8, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the touch- screen display provides real-time pumping information on a per-breast basis or on a total volume basis (Fig. 12 elements 500 and 510. Para. 131. See annotated Fig. 12 below). Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”.
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In regards to claim 13:
The breast pump suction pump of claim 1, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein automatically adjusting one or more of the pump parameters is based on historical pumping information (Para. 129 “In exemplary embodiments, some or all of the measurement data collected by the sensors can be fed back to the pumping device in order to optimize fluid expression. Preferably, the feedback can be transmitted to a processing unit and/or control unit of the pumping device (e.g., suitable hardware located in the controller 115) configured to control one or more functionalities of the actuation assembly. Based on the feedback, the processing unit can determine changes to actuation parameters of the actuation assembly in order to achieve and/or maintain optimal fluid expression. For example, the feedback can be used to determine adjustments to a vacuum stroke or stroke speed of a pump, piston assembly, or any other suitable actuation assembly.” In alternative embodiment para. 140 “Additionally, the computing device 805 or server 810 can include an application configured to control at least one functionality of the pumping device 800 or a portion thereof (e.g., the actuation assembly 820), such as power, vacuum pressure applied (via the interfaces 815), or speed. For example, the communication module 830 can receive control signals from the computing device 805 and/or sever 810, and transmit the control signals to the actuation assembly 820 to produce the desired actuation. In preferred embodiments, the control signals can be generated using feedback provided by the pumping device 800, such as feedback based on measurement data provided by the sensing unit 825, as previously described herein. Additionally, the computing device 805 or server 810 may implement machine learning techniques with regard to control of the pumping device 800, in order to improve and optimize pumping performance over time.”). Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”.
In regards to claim 14:
The breast pump suction pump of claim 1, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the breast pump suction pump is wirelessly connectable to a mobile device to receive and control instructions from the mobile device. In alternative embodiment para. 140 “Additionally, the computing device 805 or server 810 can include an application configured to control at least one functionality of the pumping device 800 or a portion thereof (e.g., the actuation assembly 820), such as power, vacuum pressure applied (via the interfaces 815), or speed. For example, the communication module 830 can receive control signals from the computing device 805 and/or sever 810, and transmit the control signals to the actuation assembly 820 to produce the desired actuation. In preferred embodiments, the control signals can be generated using feedback provided by the pumping device 800, such as feedback based on measurement data provided by the sensing unit 825, as previously described herein. Additionally, the computing device 805 or server 810 may implement machine learning techniques with regard to control of the pumping device 800, in order to improve and optimize pumping performance over time.”). Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”.
In regards to claim 15:
The breast pump suction pump of claim 1, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the breast pump suction pump includes a removable battery (Para. 87 “The driving mechanism can be powered by any suitable power source, such as a local battery or an AC adaptor”.
In regards to claim 16:
The breast pump suction pump of claim 15, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, further comprising a battery charger that charges the removable battery (Para. 87 “The driving mechanism can be powered by any suitable power source, such as a local battery or an AC adaptor”.).
In regards to claim 17:
Alvarez teaches, a breast pump suction pump system (Fig. 1 element 100), comprising: a breast pump which catches and contains expressed milk (Fig. 1 elements 105), the milk flowing from a bottom of a manifold of the breast pump into a container connected to the manifold of the breast pump (Fig .1 elements 125) and the container acting as a base for the breast pump on the bottom of the breast pump (Fig. 1 elements 125), the breast pump including one or more breast pump sensors, at least one of which is a flow rate sensor that detects a number of milk droplets (Para. 112 “FIG. 11D illustrates an exemplary embodiment of a milk expression device that employs a beam break sensor 477. The expression device 472 includes a breast interface 474 and a reservoir 462. The reservoir is threadably or otherwise coupled 466 to the expression device. Any of the exemplary embodiments of expression devices, interfaces, reservoirs, etc. disclosed in this specification may be used in this exemplary system. A beam-break sensor 477 is disposed adjacent the output of the expression device, and thus as droplets 468 of milk drain from the expression device outlet into reservoir 462, they break the light beam 477a, allowing measurement of the fluid expressed. The fluid collects in a layer 464 in reservoir 462. The data from the sensor can then be processed, transmitted, or otherwise displayed using any of the methods disclosed herein”); a housing (Fig. 1 housing of element 115), a processor receiving sensor data from the one or more sensors including the flow rate sensor that detects a number of milk droplets (Fig. 1 element 115. para. 129 “some or all of the measurement data collected by the sensors can be fed back to the pumping device… … the feedback can be used to determine adjustments to a vacuum stroke or stroke speed of a pump, piston assembly, or any other suitable actuation assembly.”), and pneumatic tubing connected to the breast pump suction pump through the housing (Fig. 1 element 110), wherein the processor transmits the sensor data to a mobile device and receives control instructions from the mobile device, (In alternative embodiment para. 140 “Additionally, the computing device 805 or server 810 can include an application configured to control at least one functionality of the pumping device 800 or a portion thereof (e.g., the actuation assembly 820), such as power, vacuum pressure applied (via the interfaces 815), or speed. For example, the communication module 830 can receive control signals from the computing device 805 and/or sever 810, and transmit the control signals to the actuation assembly 820 to produce the desired actuation. In preferred embodiments, the control signals can be generated using feedback provided by the pumping device 800, such as feedback based on measurement data provided by the sensing unit 825, as previously described herein. Additionally, the computing device 805 or server 810 may implement machine learning techniques with regard to control of the pumping device 800, in order to improve and optimize pumping performance over time.” Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”) and wherein the processor receives breast pump sensor data from the one or more breast pump sensors and, in response, adjusts one or more pump parameters of the breast pump suction pump to adjust a flow rate of expressed milk (Fig. 1 element 115. para. 129 “some or all of the measurement data collected by the sensors can be fed back to the pumping device… … the feedback can be used to determine adjustments to a vacuum stroke or stroke speed of a pump, piston assembly, or any other suitable actuation assembly.”) and wherein the processor of the breast pump suction pump provides a series of graphical elements as colored lights representative of the flow rate of expressed milk on a display screen disposed within the breast pump suction pump (Fig. 12 element 505, para. 131 “FIG. 12 illustrates an exemplary embodiment of a controller 500 for a pumping device including a display screen 505. The controller 500 can include suitable hardware for collecting, processing, and storing the milk expression data described herein, as well as analysis results obtained from processing the expression data. In preferred embodiments, this information is displayed to a user of the pumping device via the display screen 505.”. Considered colored lights as it is a display using colored light, shown in figure 12 to be black, to represent the flow rate due to Fig. 12 element 510 “Avg. volume: 41 oz” over “Avg. Duration” considered to be flow rate as it contains the volume per time. Alternative embodiments considered usable together due to para. 199 “Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”), manifold of the breast pump such that the milk droplets drop away from the pneumatic tubing and flow from the manifold to be cause by the breast pump (As the milk flows down from the manifold to the collection vessel and the pneumatic tubing is connected to the manifold as seen in Fig. 1, the milk is considered to be flowing down away from the tubing and the bottom of the manifold into the collection vessel.)
Alvarez teaches, where the pneumatic tubing applies suction to a breast pump (Fig. 1 element 110, para. 74 “operatively coupled to breast interfaces 105 through tube 110.”) Alvarez does not explicitly teach the tubing connector extending outwardly from the top of the manifold as claimed. Cassano teaches, a connector extending the manifold outwardly from the top of a manifold of the breast pump (See annotated Fig. 2 below, element 102. Para. 18 “breast shield connector/adaptor 102”).
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It would have been obvious to one of ordinary skill in the art, prior to the effective date of filing, to modify the breast pump taught by Alvarez to include the connector extending outwardly from the top of the manifold as taught by Cassano. This would have been motivated as a mere design choice as changing the location of suction from the back of the manifold to the top of the manifold and adding a tube connector is considered to be within the level of one of ordinary skill in the art.
Alvarez does not explicitly teach the tubing loaded on a reel as claimed. Kwok teaches, pneumatic tubing connected to the breast pump suction pump and loaded on a spring-loaded reel retractor disposed in the breast pump suction pump which provides the pneumatic tubing through the housing (Fig. 1 elements 60, para. 43 “However, the reels 60, 62 may be rotated in any other suitable manner, e.g., spring, motor. For example, the reels 60, 62 may be spring loaded to retract and may be locked in any extended position.”).
It would have been obvious prior to the effective date of filing, to modify the breast pump suctioning pump taught by Alvarez to include a spring-loaded reel and load the pneumatic tubing on said reel. This would have been motivated by making the device easier to store for the user when not actively using the device.
Guthrie teaches, by connecting the pneumatic tubing (Fig. 1 element 102) to a pneumatic tubing connector (See annotated Fig. 1 below), the pneumatic tubing connector (See annotated Fig. 1 below) including an opening to which connects to the pneumatic tubing (See annotated Fig. 1 below), the opening being disposed on a top of the breast pump (See annotated Fig. 1 below) to receive suction from the breast pump suction pump through the opening from above to prevent milk in the breast pump from flowing into and blocking the opening (Para. 26 specifically “pneumatic tubing 102 may connect to the milk capture and collection element 101 in a manner that allows milk to flow through the vacuum chamber of the pump portion of milk capture and collection element 101 without drawing milk into pneumatic tubing 102”).
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It would have been obvious to one of ordinary skill in the art, prior to the effective date of filing, to modify the orientation of the pneumatic tubing connector taught by Alvarez to be oriented up such that it is disposed above a top surface of the manifold as taught by Guthrie. This would have been by Guthrie para. 26 “As shown in FIG. 1, pneumatic tubing 102 may connect to the milk capture and collection element 101 in a manner that allows milk to flow through the vacuum chamber of the pump portion of milk capture and collection element 101 without drawing milk into pneumatic tubing 102.”
In regards to claim 18:
The breast pump suction pump system of claim 17, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the control instructions include one or more breast pump suction pump parameter adjustments (In alternative embodiment para. 140 “Additionally, the computing device 805 or server 810 can include an application configured to control at least one functionality of the pumping device 800 or a portion thereof (e.g., the actuation assembly 820), such as power, vacuum pressure applied (via the interfaces 815), or speed. For example, the communication module 830 can receive control signals from the computing device 805 and/or sever 810, and transmit the control signals to the actuation assembly 820 to produce the desired actuation. In preferred embodiments, the control signals can be generated using feedback provided by the pumping device 800, such as feedback based on measurement data provided by the sensing unit 825, as previously described herein. Additionally, the computing device 805 or server 810 may implement machine learning techniques with regard to control of the pumping device 800, in order to improve and optimize pumping performance over time.”). Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”).
In regards to claim 19:
The breast pump suction pump of claim 18, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the one or more suction pump parameter adjustments are received by the processor and are based on one of manual input from a user and or automatic adjustments based on a user pumping profile (In alternative embodiment para. 140 “Additionally, the computing device 805 or server 810 can include an application configured to control at least one functionality of the pumping device 800 or a portion thereof (e.g., the actuation assembly 820), such as power, vacuum pressure applied (via the interfaces 815), or speed. For example, the communication module 830 can receive control signals from the computing device 805 and/or sever 810, and transmit the control signals to the actuation assembly 820 to produce the desired actuation. In preferred embodiments, the control signals can be generated using feedback provided by the pumping device 800, such as feedback based on measurement data provided by the sensing unit 825, as previously described herein. Additionally, the computing device 805 or server 810 may implement machine learning techniques with regard to control of the pumping device 800, in order to improve and optimize pumping performance over time.”). Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”).
In regards to claim 20:
The breast pump suction pump system of claim 18, taught by Alvarez in view of Cassano, further in view of Kwok as described in parent claim rejection above.
Alvarez teaches, wherein the one or more suction pump parameter adjustments are received by the processor and based on automatic instructions from the mobile device (In alternative embodiment para. 140 “Additionally, the computing device 805 or server 810 can include an application configured to control at least one functionality of the pumping device 800 or a portion thereof (e.g., the actuation assembly 820), such as power, vacuum pressure applied (via the interfaces 815), or speed. For example, the communication module 830 can receive control signals from the computing device 805 and/or sever 810, and transmit the control signals to the actuation assembly 820 to produce the desired actuation. In preferred embodiments, the control signals can be generated using feedback provided by the pumping device 800, such as feedback based on measurement data provided by the sensing unit 825, as previously described herein. Additionally, the computing device 805 or server 810 may implement machine learning techniques with regard to control of the pumping device 800, in order to improve and optimize pumping performance over time.”). Alternative embodiments considered usable together due to para. 199 “It shall be understood that different aspects of the invention can be appreciated individually, collectively, or in combination with each other. Suitable elements or features of any of the embodiments described herein can be combined or substituted with elements or features of any other embodiment.”).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/M.A.I./Examiner, Art Unit 3783 /BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783
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