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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 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.
The factual inquiries 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.
Claim(s) 1-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH 659,949 (“Larsson”), U.S. Publication No. 2014/0276629 (“Bauer”), and U.S. Publication No. 2017/0095600 (“Sherman”).
Regarding Claims 1, 13, and 24, Larsson discloses a colostrum collection container as part of a breastmilk expression system, comprising:
a body (inter alia Fig. 1 and the “container” not shown) having a first opening (1) releasably receiving a breast shield (7) and a second opening (4) opposite the first opening (see Fig. 1) and operably coupled to a connector (not shown – i.e. the vacuum line corresponding to 4).
Larsson discloses the invention substantially as claimed except that the device includes a “divider”/“receptacle” to separate the body into a first chamber and a second chamber. Mention is made to a “container”, but this element is not shown. However, Bauer discloses a similar body (Fig. 3) will illustrates the collection container as part of the body, wherein the body comprises a divider/receptacle (see the wall of 330, 312) sealingly disposed within the body such that a first chamber (see 333 to 312) is disposed between a first opening (see generally 320) and the divider/receptacle, and a second chamber (340) is disposed between the divider/receptacle and a second opening (not labeled – see generally 440),
an aperture (332) disposed on the divider/receptacle such that the aperture fluidly couples the first and second chambers (Par. 43, 44);
and a fluid flow path extending from the first opening of the body through the aperture of the divider/receptacle and to the second opening of the body, where, when a vacuum is generated in at least one of the first and second chambers, a first fluid is collected in the first chamber with gravity assistance when the first fluid is below at least one visual indicator (see e.g. the rim/lip/top edge 314) disposed on the divider/receptacle within the body (see Fig. 3), the at least one visual indicator separate from the aperture (see Fig. 3), while a second fluid flows through the fluid flow path from the first chamber to the second chamber (Par. 43, 44).
It would have been obvious for one having ordinary skill in the art at the time the invention was made to include a container having a dividing wall and aperture as part of the body of Larsson, as disclosed by Bauer, in order to separate the collection of two volumes of fluid with the aperture serving to provide collection of the first volume within the first chamber and the second volume within the second chamber (see Bauer – Par. 43, 44)
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Supplemental Figure: Larsson, modified in view of Bauer, to include (as part of the body) a receptacle/divider arrangement that divides the body into first and second collection chambers, the aperture being provided within the divider/receptacle with the rim (314) serving as a visual indicator whereby fluid volume below this visual indicator will be collected in the first chamber without passing into the second, overflow chamber
Should Examiner’s argument that the top edge (314 – of Bauer) can be properly considered a “visual indicator” (see Par. 44 – “After the collection container 310 is filled to a desired level at or below the top edge 314…” [emphasis added]) the following is presented. Sherman discloses a related colostrum collection container (714; Abstract, Par. 61) wherein the collection container is provided with a plurality of indicia which can serve as visual indicators as to the filled volume of the container (Par. 61).
It would have been obvious for one having ordinary skill in the art at the time the invention was made to provide visual indicators, in the form of graduations, to the divider/receptacle (at 312 – see Bauer) of the invention of modified Larsson, as disclosed by Sherman, in order to convey to a user the volume of the collected milk/colostrum so that a user can more accurate determine the expressed volume for purposes such as tracking infant milk consumption, tracking milk expression, and confirming targeted pumping volume goals. Here, it would have been obvious for one having ordinary skill in the art at the time the invention was made to place graduations along the intended maximum fill volume of the first chamber (312) inclusive to a graduated fill marker at the edge 314 which corresponds to a maximum fill volume of the container – these fill markers being disposed “on the divider/receptacle within the body” and being “separate from the aperture”.
Regarding Claim 2, 16, and 28, Larsson discloses the body includes a first end and a second end opposite the first end, the first opening disposed at the first end and the second opening disposed at the second end (see Fig. 1).
Regarding Claim 3-4, 17, and 29, Larsson, as modified by Bauer, discloses the first fluid (i.e. colostrum) is more viscous than the second fluid (i.e. milk and air – Par. 42-44, Bauer).
Regarding Claims 5 and 14, Larsson discloses the body includes a lip that extends radially outward from the first opening (see Fig. 1 – i.e. the funnel shaped lip/edge).
Regarding Claims 6 and 15, Larsson discloses the lip is integrally formed with the body (see Fig. 1 – note the crosshatching).
Regarding Claims 7, 18, and 30, Larsson, as modified by Bauer, discloses the divider/receptacle is sealingly coupled to the body proximate the first opening (see supplemental figure above), the phrase “proximate” being defined as “immediately preceding or following” and “very near : close” – see Marriam-Webster’s Online Dictionary.
Regarding Claims 8, 19, and 31, Larsson, as modified by Bauer and Sherman, discloses the divider/receptacle includes the at least one visual indicator that designates a maximum fluid capacity of the body, i.e. the visual indicator indicates the maximum fill volume of the first chamber (see generally 312 – Bauer) before the overflow volume moves through the aperture into the second chamber.
Regarding Claims 9, 20, and 32, Larsson, as modified by Bauer and Sherman, discloses the aperture is disposed on the divider/receptacle such that, when the first fluid in the first chamber is below the at least one visual indicator, the second fluid flows through the fluid flow path from the first chamber to the second chamber (see Par. 43-44, Bauer; see also Fig. 3, Bauer).
Regarding Claims 10, 21, and 33, Larsson, as modified by Bauer, discloses the aperture is disposed on the divider/receptacle such that when the first fluid disposed in the first chamber is at or above the at least one visual indicator, the first and second fluids flow through the fluid flow path from the first chamber to the second chamber ((see Fig. 3; Par. 42-44 – Bauer).
Regarding Claims 11, 22, and 34, Larsson, as modified by Bauer, discloses a cap (i.e. the valve member per se of Bauer which caps the aperture) that is configured to be sealingly coupled to the body (Par. 43, Bauer), the cap having a base (i.e. the perimeter) and a sealing member (i.e. the portion received by the underlying aperture to thereby occlude said aperture) that extends from the base to at least the aperture when the cap is coupled to the body thereby sealing the aperture (see Fig. 3 – Par. 43, Bauer).
Regarding Claims 12, 23, and 35, Larsson, as modified by Bauer and Sherman, discloses that the at least one visual indicator is oriented at an angle (i.e. 90 degrees) relative to a vertical axis of the body (i.e. an axis concentric to the container) such that when the body is canted (depending on the degree of cant and the direction of cant the graduations as provided to the container of modified Larsson in view of Sherman will be configured to note that change in volume such that the reduced capacity of the container due to the cant will be represented by a corresponding graduation) the visual indicator of the at least one visual indicator designates a maximum fluid capacity of the body.
Regarding Claim 25, Larsson, as modified by Bauer, discloses comprising an overflow container (340 - Bauer) that is releasably received by the connector (when assembled the container 340 is connected to the body and connector – see generally 4 of Larsson), and a vacuum generator (not shown in Larsson – see generally 430, Bauer and the “pump mechanism (not shown)” - Par. 49, Bauer) that is fluidly coupled to the connector and the colostrum collection container.
Regarding Claim 26, Larsson discloses colostrum collection container further includes an assembly guide (i.e. the funnel shape of the opening 1) that is disposed proximate the first opening of the colostrum collection container, the assembly guide extending radially outward from the first opening and configured to aid coupling of the breast shield to the colostrum collection container (see Fig. 1, Larsson).
Regarding Claim 27, Larsson discloses the assembly guide is integrally formed with the body of the colostrum collection container (see Fig. 1 – note the crosshatching).
Response to Arguments
Applicant's arguments filed with respect to Bauer have been fully considered but they are not persuasive and/or are moot in view of the new grounds of rejection (see Larsson).
Applicant argues (Pg. 11) that “the part 312 is only a cup or bowl-like shape of the collection container 310 itself… and thus cannot possible, be disposed within the body of the container 310”. However, this is not persuasive. Specifically, as it pertains to Bauer, the “body” is not the container (310) itself, but the combination of (330) and second collection container (340), wherein the divider/receptacle (defined by 312 in combination with the accompanying wall – not labeled – which comprises the aperture 332) is clearly disposed in the body of the container since it is shown within the body as defined by the assembled second collection container and connector.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R CARPENTER whose telephone number is (571)270-3637. The examiner can normally be reached Mon. to Thus. - 7:00AM to 5:00PM (EST/EDT).
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/WILLIAM R CARPENTER/ Primary Examiner, Art Unit 3783
02/24/2026