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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/28/2025 has been entered.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Park (USPGPub 2018/0104396) in view of Silver et al. (USPGPub 2011/0071466) above, and further in view of Yuen (USPGPub 2005/0228342).
Re Claim 1, Park teaches a breast pump (Park Figs. 1-5) comprising: a contact housing (100) comprising a protruding part (110) configured to correspond to a mother’s nipple and extend toward an interior of the breast pump (as seen in Park Fig. 7); a first space-defining member (200) coupled to the protruding part (110) to define a first inner space (Park Fig. 3); a second space-defining member (300) defining a second inner space linked with the first inner space (Park Figs. 4, 5 and 7 - connected together via flow passage 310; ¶ 0038); a storage housing (700) comprising a coupling hole (as seen in Park Fig. 1 - slot in housing 700 upon which air nozzle 410 protrudes) corresponding to the second inner space, the storage housing (700) being coupled with the contact housing (100) (Park Figs. 2 and 8); a flow separation membrane (500) configured to divide and separate the second inner space into a first portion and a second portion (Park Fig. 2; ¶ 0039), the first portion linked with the first inner space, the second portion linked with the coupling hole (Park ¶ 0039-0040); and an attachable pump module (800) configured to suck air of the second portion through the coupling hole (as seen in Park Fig. 1 - slot in housing 700 upon which air nozzle 410 protrudes), and the attachable pump module (800) is detachably coupled to an outer end of the coupling hole (Park ¶ 0049 - wherein the pump 800 is detachably coupled to cover 400 via air tube 420 through slot inside housing 700, as seen in Fig. 1).
However, Park fails to teach wherein the flow separation membrane is directly coupled to an inner end of the coupling hole. Silver teaches a breast pump (Silver Fig. 1) comprising a storage housing (16, 18) comprising a coupling hole (point at which tube 20 connects) corresponding to a second inner space (Silver Fig. 5; ¶ 0059 – “clamshell-like chamber made of a front housing 18 and a rear housing 16”); and a flow separation membrane (14), wherein the flow separation membrane (14) is directly coupled to an inner end of the coupling hole (as seen in Silver Fig. 5), wherein the storage housing doubles as part of the outer surfaces of the breast pump and the housing for the diaphragm, thus reducing the number of parts in the device (Silver Fig. 5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the flow separation membrane and coupling hole of Park such that the flow separation membrane is directly coupled to an inner end of the coupling hole similar to that as taught by Silver, the embodiment wherein the storage housing doubles as part of the outer surfaces of the breast pump and the housing for the diaphragm, thus reducing the number of parts in the device (Silver Fig. 5).
Park in view of Silver fail to teach the attachable pump module being on the storage housing. Yuen teaches a breast pump (10) (as seen in Yuen Fig. 2) comprising an attachable pump module (22) that is coupled on a storage housing (16) for ease of operating the breast pump as a single one piece construction during a milk pumping session (Yuen ¶ 0025). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the pump module of Park in view of Silver to be on the storage housing as disclosed by Yuen for ease of operating the breast pump as a single one piece construction during a milk pumping session (Yuen ¶ 0025).
Re Claim 2, Park in view of Silver above, and further in view of Yuen teach all of the limitations of Claim 1. Park further teaches wherein operating the attachable pump module (800) allows the air of the second portion to be sucked in to the attachable pump module (800) through the coupling hole (as seen in Park Fig. 1 - slot in housing 700 upon which air nozzle 410 protrudes), the flow separation membrane (500) to move toward the coupling hole, the first portion to be expanded to form a vacuum pressure, and the vacuum pressure to be transferred to the first inner space to act as a force for extracting breast milk from a mother’s breast (Park ¶ 0039).
Re Claim 3, Park in view of Silver above, and further in view of Yuen teach all of the limitations of Claim 1. Park further teaches a breast milk outlet tube (210) linked with the first inner space (as seen in Park Fig. 5); and a silicone valve (600) comprising one end coupled to an outlet of the breast milk outlet tube (210) and a second pointed end comprising a cut line, wherein breast milk flows out through the cut line and is filled into the storage housing (Park Fig. 5; ¶ 0044 - duckbill valve).
Response to Arguments
Applicant’s arguments filed 04/28/2025 with respect to claim objections and 112 indefinite rejection of Claims 1-3 have been fully considered and are persuasive. The claim objections and 112 indefinite rejection of Claims 1-3 are hereinafter withdrawn due to clarifying amendments.
Applicant’s arguments with respect to Claims 1-3 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Examiner concedes that prior art Park in view of Yuen fail to teach “wherein the flow separation membrane is directly coupled to an inner end of the coupling hole.” However, examiner relies on prior art Silver to obviate said limitation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R FREHE whose telephone number is (571)272-8225. The examiner can normally be reached 10:30AM-7:30PM.
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/WILLIAM R FREHE/Examiner, Art Unit 3783 /KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783