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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "wherein the controller is configured to adapt the control of the operation of the vacuum pump and/or the aerate valve based on the detected electromotive force induced voltage." in lines 12-14. It is not clear if:
The controller, based on the detected electromotive force induced voltage, is configured to adapt the control of the operation of the vacuum pump and/or the aerate valve.
The controller is configured to adapt the control of the operation of the vacuum pump, and/or the aerate valve based on the detected electromotive force induced voltage.
For examination purposes claim limitation will be interpreted as option (a) “The controller, based on the detected electromotive force induced voltage, is configured to adapt the control of the operation of the vacuum pump and/or the aerate valve.”
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 1-5 are rejected under 35 U.S.C. 103 as being unpatentable by Edelman et al. (WO 2018229782 A1) over Turner et al. (AU 2008285517 B2).
Regarding claim 1, Edelman discloses an electric breast pump (pump 10, Fig 1), comprising a vacuum source (vacuum pump 3, Fig 8C + motor 3, Fig 8E) having a vacuum pump (vacuum pump 3, Fig 8C) with an electrical motor (motor 3, Fig 8E) and an aerate valve (vent valve 6 (Note: also referred as 27), Fig 8C), and a controller (controller 8, Fig 8C) configured to control an operation of the vacuum pump and the aerate valve (Fig 8C; [0026]), wherein a pumping cycle (vacuum cycles (i) + air sucking cycles (ii); [0099]) comprises a pumping period (vacuum cycles (i), [0099]) of the vacuum pump (3, Fig 8C) and an aerate period ((ii) releasing the vacuum, [0099]) during which the aerate valve (6) is switched on (air is sucked via valve 27;[0099]) and the vacuum pump is inactive (vacuum generation is stopped;[0099], [0035]) and the electrical motor is switched off (vacuum including motors are halted and valve opens allowing air to enter into the space between the funnel and nipple via the valve 27; [0099]); and a drive circuit (vacuum pump driver; Fig 8E) configured to supply a motor supply voltage (voltage supplied to motor 3, by vacuum pump driver Fig 8E) for the electrical motor (3) under the control of the controller (8) (See Fig 8E). Edelman further discloses the controller (8) is configured to adapt the control of the operation of the vacuum pump and/or the aerate valve (Fig 8C; [0026]).
However, Edelman does not explicitly disclose wherein the drive circuit is also configured to detect an electromotive force induced voltage at the electrical motor, when the motor supply voltage is switched off, wherein the controller is configured to adapt the control of the operation of the vacuum pump and/or the aerate valve based on the detected electromotive force induced voltage.
Turner teaches a device (suction pump on the TNP, Page 16) comprising a drive circuit (circuit that provides drive voltage to motor; Page 16 line 1- Page 17 line 4) is also configured to detect an electromotive force induced voltage (BEMF; Page 12 lines 7-11) at the electrical motor, when the motor supply voltage is switched off wherein the controller is configured to adapt the control of the operation of the vacuum pump and/or the aerate valve based on the detected electromotive force induced voltage (Page 12 lines 7-11: “The pump is from time to time allowed to "free-wheel" during its duty cycle by turning off the voltage applied to it. The spinning motor causes a "back electro-motive force" or BEMF to be generated. This BEMF can be monitored and can be used to provide an accurate measure of pump speed. The speed can thus be adjusted more accurately than can prior art pump systems.”).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the drive circuit device of Edelman with similar drive circuit configured to measure BEMF when motor supplied voltage is off as taught by Turner for the purpose of adjusting pump speed (Page 12 lines 7-11).
Regarding claim 2, Edelman/Turner discloses the electrical breast pump according to claim 1. Edelman discloses wherein the controller (8,) is configured to reactivate the vacuum pump (3, Fig 8C) by supplying the motor supply voltage (controller 8 includes a power source that provides power to its components including the vacuum pump driver which supplies voltage to the motor, Fig 8C)
Edelman is silent wherein reactivate the vacuum pump by supplying the motor supply voltage when the drive circuit is still detecting the electromotive force induced voltage.
Turner teaches wherein reactivate the vacuum pump by supplying the motor supply voltage when the drive circuit is still detecting the electromotive force induced voltage (Page 16: lines 30-33: “The actual speed of the pump is obtained by measuring the terminal voltage across the pump with the current at zero. This is achieved by intermittently turning the pump power off by controlling the PWM generator output”).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the controller of device of Edelman/Turner to intermittently turning the pump off and then on as taught by Turner for the purpose of minimize effect on pump speed (Page 17 lines 1-4)
Regarding claim 3, Edelman/Turner discloses the electrical breast pump according to claim 1. Elderman discloses wherein the controller (8) is configured to determine a speed (vacuum speed [0032])of the electrical motor (3) at which the electrical motor (3) has run in a previous pumping cycle (previous cycles (i)+(ii), from Edelman) and to reactivate the electrical motor (3, from Edelman) again during a current pumping cycle (next cycles (i)+(ii), from Edelman).
Elderman is silent wherein the speed determination is based on the detected electromotive force induced voltage and wherein the reactivation of the motor is based on the determined previous speed of the electrical motor.
Turner teaches wherein the speed determination is based on the detected electromotive force induced voltage and wherein the reactivation of the motor is based on the determined previous speed of the electrical motor (Page 12 lines 7-11; BEMF is measured to determine speed of motor and speed is adjusted based on the BEMF value)
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to configure the controller of device of Edelman/Turner with to detect and the speed of the motor based on BEMF and adjusted based on the detected speed as taught by Turner for the purpose of maintain the speed of the device at the desired range (Page 12 lines 7-11).
Regarding claim 4, Edelman/Turner discloses the electrical breast pump according to claim1. Edelman discloses further comprising an expression kit (funnel 2+ breastmilk container 1, Fig 8C) having at least one funnel (funnel 2, Fig 8C) adapted for receiving a breast of a user ([0032]), a bottle (breastmilk container, Fig 2A) adapted to collect extracted milk ([0021]) and a port (air inlet conduct port, Fig 6A and 8C) for a vacuum conduit (air inlet conduct, Fig 6A and 8C)) through which the expression kit (funnel 2+ breastmilk container 1, Fig 8C)is coupled to the vacuum source (vacuum pump 3, Fig 8C + motor 3, Fig 8E).
Regarding claim 5, Edelman/Turner discloses the electrical breast pump according to claim 1. Elderman discloses further comprising a power supply in form of a rechargeable battery or a battery (rechargeable battery, Fig 8E; [0064]).
Claim 6, and 8-16 are rejected under 35 U.S.C. 103 as being unpatentable by Edelman et al. (WO 2018229782 A1) over Larsson (US 20080045887 A1) in view of Turner et al. (AU 2008285517 B2).
Regarding claim 6, Edelman discloses a method of controlling an electrical breast pump (pump 10, Fig 1) having a vacuum source (vacuum pump 3, Fig 8C + motor 3, Fig 8E) with a vacuum pump having (vacuum pump 3, Fig 8C) an electrical motor (motor 3, Fig 8E) and an aerate valve (vent valve 6, Fig 8C), the method comprising: controlling an operation of the vacuum pump in an extraction mode for milk extraction ([0099]), wherein a pumping cycle (vacuum cycles (i) + air sucking cycles (ii), [0099]) comprises a pumping period (vacuum cycles (i), [0099]) and an aerate period ((ii) releasing the vacuum, [0099]); supplying a motor supply voltage (voltage supplied to the motor 3 from the vacuum pump driver, See fig 8C-E) for the electrical motor (3, Fig 8E) of the vacuum pump (3, Fig 8C) by a drive circuit (vacuum pump driver; Fig 8E).
Edelman does not explicit disclose the electrical breast pump (10) having a stimulation mode; and detecting an electromotive force induced voltage after the motor supply voltage is switched off; and controlling the operation of the vacuum pump based on the detected electromotive force induced voltage.
Larsson teaches a method of controlling an electrical breast pump (Fig 1-7, claim 1) comprising a stimulation mode (Claims 14-17; [0016]; [0086]-[0087])
Therefore, it would have been obvious for one of ordinary skill in the art before the effective
filing date of the claim invention to modify the method of Edelman to incorporate a stimulation mode implementing the teaching of Larsson to stimulate the milk ejection reflex and start the flow of milk ([0010]).
Edelman/Larsson as modified are silent regarding detecting an electromotive force induced voltage after the motor supply voltage is switched off, and controlling the operation of the vacuum pump based on the detected electromotive force induced voltage.
Turner teaches a method comprising a drive circuit (circuit that provides drive voltage to motor; Page 16 line 1- Page 17 line 4) is also configured to detect an electromotive force induced voltage (BEMF; Page 12 lines 7-11) at the electrical motor, when the motor supply voltage is switched off; wherein the controller is configured to adapt the control of the operation of the vacuum pump and/or the aerate valve based on the detected electromotive force induced voltage (Page 12 lines 7-11: “The pump is from time to time allowed to "free-wheel" during its duty cycle by turning off the voltage applied to it. The spinning motor causes a "back electro-motive force" or BEMF to be generated. This BEMF can be monitored and can be used to provide an accurate measure of pump speed. The speed can thus be adjusted more accurately than can prior art pump systems.”).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the drive circuit method of Edelman with similar drive circuit configured to measure BEMF when motor supplied voltage is off as taught by Turner for the purpose of adjusting pump speed (Page 12 lines 7-11).
Regarding claim 9, Edelman/Larsson/Turner discloses the method according to claim 6. Edelman discloses further comprising: reactivating the vacuum pump (3, Fig 8C) by supplying the motor supply voltage (controller 8 includes a power source that provides power to its components including the vacuum pump driver which supplies voltage to the motor for each cycle, Fig 8C)
Edelman/Larsson are silent wherein reactivate the vacuum pump by supplying the motor supply voltage when the drive circuit is still detecting the electromotive force induced voltage.
Turner teaches wherein reactivating the vacuum pump by supplying the motor supply voltage when the drive circuit is still detecting the electromotive force induced voltage (Page 16: lines 30-33: “The actual speed of the pump is obtained by measuring the terminal voltage across the pump with the current at zero. This is achieved by intermittently turning the pump power off by controlling the PWM generator output”).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the method of Edelman/Larsson/Turner to intermittently turning the pump off and then on as taught by Turner for the purpose of minimize effect on pump speed (Page 17 lines 1-4).
Regarding claim 10, Edelman/Larsson/Turner discloses the method according to claim 6, further comprising: determining a speed (vacuum speed [0032]) of the electrical motor (3) at which the electrical motor (3) has run in a previous pumping cycle (previous cycles of (i)+(ii)) and to reactivate the electrical motor (3) again during a current pumping cycle (next cycles of (i)+(ii)) ([0099])
Elderman is silent wherein determining a speed of the electrical motor is based on the detected electromotive force induced voltage and wherein the reactivation of the motor is based on the determined speed of the electrical motor.
Turner teaches a method wherein determining a speed of the electrical motor is based on the detected electromotive force induced voltage and wherein the reactivation of the motor is based on the determined speed of the electrical motor (Page 12 lines 7-11; BEMF is measured to determine speed of motor and speed is adjusted based on the BEMF value).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to configure the controller of method of Edelman/Larsson/Turner with to detect and the speed of the motor based on BEMF and adjusted based on the detected speed as taught by Turner for the purpose of maintain the speed of the device at the desired range (Page 12 lines 7-11)
Regarding claim 11, Edelman/Larsson/Turner discloses the method according to claim 6. Edelman discloses further comprising: coupling the vacuum source (vacuum pump 3, Fig 8C + motor 3, Fig 8E) to an expression kit (funnel 2+ breastmilk container 1, Fig 8C) via a port (air inlet conduct port 27, Fig 6A and 8C), the expression kit (1+2) having at least one funnel (funnel 2, Fig 8C) adapted for receiving a breast of a user ([0008]) and a bottle (breastmilk container 1, Fig 8C) adapted to collect extracted milk in response to the operation of the vacuum pump ([0008]).
Regarding claim 12, Edelman/Larsson/Turner discloses the method according to claim 6. Edelman discloses further comprising: receiving power from a power supply (rechargeable battery, Fig 8E; [0064]) for powering the vacuum source (vacuum pump 3, Fig 8C + motor 3, Fig 8E), the power supply comprising a rechargeable battery or a battery ([0064]).
Regarding claim 8, Edelman discloses a non-transitory, computer-readable medium (flash memory, Fig 8C-E ) having computer-executable instructions (memory contains instructions; [0116]) for operating an electrical breast pump (breastmilk pump 10, Fig 8C ), the electrical breast pump including a vacuum source (vacuum pump 3, Fig 8C + motor 3, Fig 8E) with a vacuum pump (vacuum pump 3, Fig 8C) having an electrical motor (motor 3, Fig 8E) and an aerate valve (vent valve 6, Fig 8C), wherein when executed by a computer (controller, Fig 8C-E), the instructions cause the computer (controller, Fig 8C-E) to perform a method comprising: controlling operation of the vacuum pump (3) in an extraction mode for milk extraction ([0099]), wherein a pumping cycle (vacuum cycles (i) + air sucking cycles (ii),[0099]) comprises a pumping period (vacuum cycles (i),[0099]) and an aerate period ((ii) releasing the vacuum,[0099]), supplying a motor supply voltage (voltage supplied to the motor 3) for the electrical motor (3, Fig 8E) of the vacuum pump (3, Fig 8C) by a drive circuit (vacuum pump driver; Fig 8E).
Edelman does not explicitly disclose the electrical breast pump (10) having a stimulation mode; and detecting an electromotive force induced voltage after the motor supply voltage is switched off, and controlling the operation of the vacuum pump based on the detected electromotive force induced voltage.
Larsson teaches a method of controlling an electrical breast pump (Fig 1-7, claim 1) comprising a stimulation mode (Claims 14-17; [0016]; [0086]-[0087])
Therefore, it would have been obvious for one of ordinary skill in the art before the effective
filing date of the claim invention to modify the method of Edelman to incorporate a stimulation mode implementing the teaching of Larsson to stimulate the milk ejection reflex start the flow of milk ([0010])
Edelman/Larsson as modified are silent regarding and detecting an electromotive force induced voltage after the motor supply voltage is switched off, and controlling the operation of the vacuum pump based on the detected electromotive force induced voltage.
Turner teaches a method comprising a drive circuit (circuit that provides drive voltage to motor; Page 16 line 1- Page 17 line 4) is also configured to detect an electromotive force induced voltage (BEMF; Page 12 lines 7-11) at the electrical motor, when the motor supply voltage is switched off wherein the controller is configured to adapt the control of the operation of the vacuum pump and/or the aerate valve based on the detected electromotive force induced voltage (Page 12 lines 7-11: “The pump is from time to time allowed to "free-wheel" during its duty cycle by turning off the voltage applied to it. The spinning motor causes a "back electro-motive force" or BEMF to be generated. This BEMF can be monitored and can be used to provide an accurate measure of pump speed. The speed can thus be adjusted more accurately than can prior art pump systems.”).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the drive circuit of method of Edelman with similar drive circuit configured to measure BEMF when motor supplied voltage is off as taught by Turner for the purpose of adjusting pump speed (Page 12 lines 7-11).
Regarding claim 13, Edelman/Larsson/Turner discloses the non-transitory, computer-readable medium according to claim 8, wherein the method performed by the computer on execution of the instructions further comprises: reactivating the vacuum pump (3, Fig 8C) by supplying the motor supply voltage (controller 8 includes a power source that provides power to its components including the vacuum pump driver which supplies voltage to the motor for each cycle, Fig 8C)
Edelman/Larsson are silent wherein reactivate the vacuum pump by supplying the motor supply voltage when the drive circuit is still detecting the electromotive force induced voltage.
Turner teaches wherein reactivating the vacuum pump by supplying the motor supply voltage when the drive circuit is still detecting the electromotive force induced voltage (Page 16: lines 30-33: “The actual speed of the pump is obtained by measuring the terminal voltage across the pump with the current at zero. This is achieved by intermittently turning the pump power off by controlling the PWM generator output”).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the method of Edelman/Larsson/Turner to intermittently turning the pump off and then on as taught by Turner for the purpose of minimize effect on pump speed (Page 17 lines 1-4)
Regarding claim 14, Edelman/Larsson/Turner discloses the non-transitory, computer-readable medium according to claim 8. Edelman discloses the method performed by the computer on execution of the instructions further comprises determining a speed (vacuum speed [0032]) of the electrical motor (3) at which the electrical motor (3) has run in a previous pumping cycle (previous cycles of (i)+(ii)) and to reactivate the electrical motor (3) again during a current pumping cycle (next cycles of (i)+(ii)) ([0099])
Elderman is silent wherein determining a speed of the electrical motor is based on the detected electromotive force induced voltage and wherein the reactivation of the motor is based on the determined speed of the electrical motor.
Turner teaches a method wherein determining a speed of the electrical motor is based on the detected electromotive force induced voltage and wherein the reactivation of the motor is based on the determined speed of the electrical motor. (Page 12 lines 7-11; BEMF is measured to determine speed of motor and speed is adjusted based on the BEMF value)
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to configure the controller of method of Edelman/Larsson/Turner with to detect and the speed of the motor based on BEMF and adjusted based on the detected speed as taught by Turner for the purpose of maintain the speed of the device at the desired range (Page 12 lines 7-11)
Regarding claim 15, Edelman/Larsson/Turner discloses the non-transitory, computer-readable medium according to claim 8, wherein the vacuum source (vacuum pump 3, Fig 8C + motor 3, Fig 8E) is coupled to an expression kit (funnel 2+ breastmilk container 1, Fig 8C) via a port (air inlet conduct port, Fig 6A and 8C), the expression kit (1+2) having at least one funnel (funnel 2, Fig 8C) adapted for receiving a breast of a user ([0008]) and a bottle (breastmilk container 1, Fig 8C) adapted to collect extracted milk in response to the operation of the vacuum pump ([0008]).
Regarding claim 16, Edelman/Larsson/Turner discloses the non-transitory, computer-readable medium according to claim 8 wherein the vacuum source (vacuum pump 3, Fig 8C + motor 3, Fig 8E) is powered by a power supply (Fig 8E) comprising a rechargeable battery or a battery ([0064]).
Response to Arguments
Applicant’s arguments with respect to claims 1-6 and 8-16 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUILLERMO G PAZ ESTEVEZ whose telephone number is (703)756-5951. The examiner can normally be reached Monday- Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached on (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GUILLERMO G PAZ ESTEVEZ/ Examiner, Art Unit 3783
/Lauren P Farrar/ Primary Examiner, Art Unit 3783