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
The amendments filed 10/27/2025 have been entered.
Claims 47, 53 and 59 have thereby been amended.
Claim 65 has been added.
Claims 47-49, 51-55, 57-61, and 63-65 are being examined in this office action.
Claim Interpretation
Claims 47, 53 and 59 recite the limitation “wherein the second portion [of the flexible diaphragm] extends linearly away from the first portion [of the flexible diaphragm].” Under the broadest reasonable interpretation, Examiner interprets this limitation as the first portion of the diaphragm being structurally coupled to the second portion of the diaphragm via a straight or nearly straight-lined structure/portion.
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.
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.
Claims 47-49, 51-55, 57-61, and 63-65 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 110124129) in view of Rigert (US 10434230).
Regarding claim 47, Chen discloses a wearable breastmilk collection device, comprising: a flange (1) for accepting a breast; a cup (5) sized to be received within a brassier so as to be wearable (Translation: page 5, para. [00042], sentence 3); and a flexible diaphragm (221 + 22 + 224; translation: page 6, para. [00043], sentences 7-10) separating the flange from the cup (Fig. 3, 221 + 22 separating 1 from 5); wherein the flexible diaphragm includes a first portion (221 + 22) positioned in a sealed configuration, in which the flange is sealed off from the cup (Translation: page 6, para. [00043], sentences 10-11; Fig. 3); wherein the flexible diaphragm includes a second portion (224 + 223) coupled to the first portion (Fig. 2: 224 coupled to 221 and 22), wherein the second portion allows expressed breastmilk to flow through an opening (Translation: page 3, para. [00034], last sentence) into a milk storage compartment (3) within the cup when an opening pressure is reached in the flange (Translation: pages 3-4, para. [00035]); wherein the second portion extends linearly away from the first portion (see annotated portion of Fig. 1 below); and wherein the second portion is arranged within the milk storage compartment (Fig. 3: 223 within upper protrusion 31 of 3). However, Chen discloses a first portion of the diaphragm having a cup-like shape (seen in Fig. 1), and fails to disclose the first portion having a circular disk shape.
Rigert teaches an analogous breast collection device with a diaphragm (Fig. 4: 4) having a first portion (Fig. 2: 41) and a second portion (Fig. 2: 40), wherein the first portion forms a circular disk shape (see Figs. 2 and 8: body 41 forms circular disk-shape) that is flat (see Fig. 9: 41 comprises one even, smooth piece, being flat) and defines an outer circumference (Fig. 2: outer circumference defined by ring 43); wherein the second portion is coupled to the outer circumference of the circular disk shape of the first portion (Fig. 2: second portion 40 extends from outer circumference of 41); wherein the second portion extends linearly away from the first portion (Fig. 11: 40 extends in a straight line, linearly, from body 40). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have changed the shape of the diaphragm of the Chen device (see MPEP 2144.04(IV)(B)) to incorporate the disk shape of the diaphragm taught by Rigert in order to make the diaphragm easier to remove and clean for the user while maintaining its function, additionally making the diaphragm smaller and more cost-effective (Rigert: col. 3, lines 17-23).
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Annotated Fig. 3, Chen
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Annotated portion of Fig. 1, Chen
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Annotated portion of Fig. 2, Rigert
Regarding claim 48, Chen in view of Rigert teaches the wearable breastmilk collection device of claim 47, as described above, wherein the second portion extends from the first portion (Figs. 2 and 3: 224 extends from 221 and 22).
Regarding claim 49, Chen in view of Rigert teaches the wearable breastmilk collection device of claim 47, as described above, wherein the opening is formed by the flange (Fig. 3: 222).
Regarding claim 51, Chen in view of Rigert teaches the wearable breastmilk collection device of claim 47, as described above, wherein the flange includes a wide portion (Figs. 2 and 3: wide portion at 1) for accepting the breast and a narrow portion (Figs. 2 and 3: narrow portion at 11) extending to the flexible diaphragm (Figs. 2 and 3: 11 extending to 221 + 22).
Regarding claim 52, Chen in view of Rigert teaches the wearable breastmilk collection device of claim 47, as described above, wherein the flexible diaphragm both: (i) seals off the flange from the cup by the first portion (Translation: pages 5-6, para. [00043]; Fig. 3: 221 seals 1 from 5); and (ii) acts as a one-way valve (41) to allow the expressed breastmilk to flow into the cup for storage by the second portion (Translation: page 4, para. [00038], last 3 sentences).
Regarding claim 53, Chen discloses a wearable breastmilk collection device, comprising: a flange (1) for accepting a breast; a cup (5) coupled to the flange for collecting milk (8); and a flexible diaphragm (221 + 22 + 224; translation: page 6, para. [00043], sentences 7-10) separating the flange from the cup (Fig. 3, 221 + 22 separating 1 from 5); wherein the flange and the cup are sized to be received within a brassier so as to be wearable (Translation: page 5, para. [00042], sentence 3); wherein the flexible diaphragm includes a first portion (221 + 22) positioned in a sealed configuration, in which the flange is sealed off from the cup (Translation: page 6, para. [00043], sentences 10-11; Fig. 3); wherein the flexible diaphragm includes a second portion (224 + 223) coupled to the first portion (Fig. 2: 224 coupled to 221 and 22), wherein the second portion allows expressed breastmilk to flow through an opening (Translation: page 3, para. [00034], last sentence) into a milk storage compartment (3) within the cup when an opening pressure is reached in the flange (Translation: pages 3-4, para. [00035]); wherein the second portion extends linearly away from the first portion (see annotated portion of Fig. 1 above); and wherein the second portion is arranged within the milk storage compartment (Fig. 3: 223 within upper protrusion 31 of 3). However, Chen discloses a first portion of the diaphragm having a cup-like shape (seen in Fig. 1), and fails to disclose the first portion having a circular disk shape.
Rigert teaches an analogous breast collection device with a diaphragm (Fig. 4: 4) having a first portion (Fig. 2: 41) and a second portion (Fig. 2: 40), wherein the first portion forms a circular disk shape (see Figs. 2 and 8: body 41 forms circular disk-shape) that is flat (see Fig. 9: 41 comprises one even, smooth piece, being flat) and defines an outer circumference (Fig. 2: outer circumference defined by ring 43); wherein the second portion is coupled to the outer circumference of the circular disk shape of the first portion (Fig. 2: second portion 40 extends from outer circumference of 41); wherein the second portion extends linearly away from the first portion (Fig. 11: 40 extends in a straight line, linearly, from body 40). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have changed the shape of the diaphragm of the Chen device (see MPEP 2144.04(IV)(B)) to incorporate the disk shape of the diaphragm taught by Rigert in order to make the diaphragm easier to remove and clean for the user while maintaining its function, additionally making the diaphragm smaller and more cost-effective (Rigert: col. 3, lines 17-23).
Regarding claim 54, Chen in view of Rigert teaches the wearable breastmilk collection device of claim 53, as described above, wherein the second portion extends from the first portion (Figs. 2 and 3: 224 extends from 221 and 22).
Regarding claim 55, Chen in view of Rigert teaches the wearable breastmilk collection device of claim 53, as described above, wherein the opening is formed by the flange (Fig. 3: 222).
Regarding claim 57, Chen in view of Rigert teaches the wearable breastmilk collection device of claim 53, as described above, wherein the flange includes a wide portion (Figs. 2 and 3: wide portion at 1) for accepting the breast and a narrow portion (Figs. 2 and 3: narrow portion at 11) extending to the flexible diaphragm (Figs. 2 and 3: 11 extending to 221 + 22).
Regarding claim 58, Chen in view of Rigert teaches the wearable breastmilk collection device of claim 53, as described above, wherein the flexible diaphragm both: (i) seals off the flange from the cup by the first portion (Translation: pages 5-6, para. [00043]; Fig. 3: 221 seals 1 from 5); and (ii) acts as a one-way valve (41) to allow the expressed breastmilk to flow into the cup for storage by the second portion (Translation: page 4, para. [00038], last 3 sentences).
Regarding claim 59, Chen discloses a breastmilk collection device, comprising: a flange (1) for accepting a breast; a cup (5) for collecting milk (8); and a flexible diaphragm (221 + 22 + 224; translation: page 6, para. [00043], sentences 7-10) separating the flange from the cup (Fig. 3, 221 + 22 separating 1 from 5); wherein the cup is coupled to the flange so that milk is collected between the cup and the flange (Fig. 3: milk collected at 223/41 between flange 1 and cup 3); wherein the flexible diaphragm includes a first portion (221 + 22) positioned in a sealed configuration, in which the flange is sealed off from the cup (Translation: page 6, para. [00043], sentences 10-11; Fig. 3); wherein the flexible diaphragm includes a second portion (224 + 223) coupled to the first portion (Fig. 2: 224 coupled to 221 and 22), wherein the second portion allows expressed breastmilk to flow through an opening (Translation: page 3, para. [00034], last sentence) into a milk storage compartment (3) within the cup (5) when an opening pressure is reached in the flange (Translation: pages 3-4, para. [00035]); wherein the second portion extends linearly away from the first portion (see annotated portion of Fig. 1 above); and wherein the second portion is arranged within the milk storage compartment (Fig. 3: 223 within upper protrusion 31 of 3). However, Chen discloses a first portion of the diaphragm having a cup-like shape (seen in Fig. 1), and fails to disclose the first portion having a circular disk shape.
Rigert teaches an analogous breast collection device with a diaphragm (Fig. 4: 4) having a first portion (Fig. 2: 41) and a second portion (Fig. 2: 40), wherein the first portion forms a circular disk shape (see Figs. 2 and 8: body 41 forms circular disk-shape) that is flat (see Fig. 9: 41 comprises one even, smooth piece, being flat) and defines an outer circumference (Fig. 2: outer circumference defined by ring 43); wherein the second portion is coupled to the outer circumference of the circular disk shape of the first portion (Fig. 2: second portion 40 extends from outer circumference of 41); wherein the second portion extends linearly away from the first portion (Fig. 11: 40 extends in a straight line, linearly, from body 40). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have changed the shape of the diaphragm of the Chen device (see MPEP 2144.04(IV)(B)) to incorporate the disk shape of the diaphragm taught by Rigert in order to make the diaphragm easier to remove and clean for the user while maintaining its function, additionally making the diaphragm smaller and more cost-effective (Rigert: col. 3, lines 17-23).
Regarding claim 60, Chen in view of Rigert teaches the breastmilk collection device of claim 59, as described above, wherein the second portion extends from the first portion (Figs. 2 and 3: 224 extends from 221 and 22).
Regarding claim 61, Chen in view of Rigert teaches the breastmilk collection device of claim 59, as described above, wherein the opening is formed by the flange (Fig. 3: 222).
Regarding claim 63, Chen in view of Rigert teaches the breastmilk collection device of claim 59, as described above, wherein the flange includes a wide portion (Figs. 2 and 3: wide portion at 1) for accepting the breast and a narrow (Figs. 2 and 3: narrow portion at 11) portion extending to the flexible diaphragm (Figs. 2 and 3: 11 extending to 221 + 22).
Regarding claim 64, Chen in view of Rigert teaches the breastmilk collection device of claim 59, as described above, wherein the flexible diaphragm both: (i) seals off the flange from the cup by the first portion (Translation: pages 5-6, para. [00043]; Fig. 3: 221 seals 1 from 5); and (ii) acts as a one- way valve (41) to allow the expressed breastmilk to flow into the cup for storage by the second portion (Translation: page 4, para. [00038], last 3 sentences).
Regarding claim 65, Chen in view of Rigert teaches the wearable breastmilk collection device of claim 47, wherein the circular disk shape of the first portion has a diameter that is substantially greater than a thickness of the circular disk shape (Fig. 9: the diameter being significantly larger than the thickness).
Response to Arguments
Applicant’s arguments, filed 10/27/2025, with respect to the rejections of claims 47-49, 51-55, 57-61, and 63-64 under Chen, have been fully considered and are persuasive in view of the newly amended claims. However, upon further consideration, a new ground of rejection is made in view of Chen in view of Rigert, as described above, which teaches all limitations of the amended claims.
As described in the rejections above, Rigert teaches a disk-shaped diaphragm as claimed, and would have been obvious for one of ordinary skill in the art to have incorporated into the Chen device.
For these reasons, claims 47-49, 51-55, 57-61, and 63-65 stand rejected by Chen in view of Rigert.
Conclusion
THIS ACTION IS MADE FINAL. 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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/K.A.W./Examiner, Art Unit 3783
/NATHAN R PRICE/Primary Examiner, Art Unit 3783
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