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 amendment filed 9/29/2025 has been entered. Claims 1-11 are pending in the application.
Claim Objections
Claims 1-2 and 11 are objected to because of the following informalities: Regarding claim 1, “the user of the system” should be corrected to “a user of the breast pump system” for claim language consistency.
Regarding claim 2, “the longest” should be corrected to “a longest” for claim language consistency.
Regarding claim 11, “the conduit extending from the conduit” should be corrected to “a conduit extending from a conduit” for claim language consistency. Appropriate correction is required.
Applicant is advised that should claim 1 be found allowable, claim 11 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claims 1-2, 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Lundy (US 20010044593 A1) in view of Price (US 20090095783 A1).
Regarding claim 1, Lundy discloses a breast pump system (breast pump system 10, Fig.5 embodiment with some common elements as used in Fig.1), comprising:
an expression body (breast receptor 24 + extension 44 + vacuum compartment 22, labeled I [0024] & Fig. 1) comprising a shield for application to the breast (breast receptor 24, [0024] & Fig. 1, better seen in Fig.2); a pump (breast pump 12, [0024] & Fig. 1) for applying a pressure cycle to the expression body ("The suction from the breast pump 12 causes breast milk to flow into compartment 22 " [0024], which compartment 22 is connected via vacuum tube 16 to breast receptor 24 and also then connected to extension 44, [0024]), wherein the pump (breast pump 12, [0024] & Fig. 1) comprises a housing (pump 12 has an external housing visible in Fig. 4 & Fig.1) having an end face (end face of the housing from which vacuum tube 16 connects to pump 12, Fig. 1) with a conduit interface (the interface is where vacuum tube 16 and pump 12 meet and connect at, Fig. 5); a conduit (vacuum tube 16, [0024] and [0027] & best seen in Fig. 2) between the conduit interface of the pump housing and the expression body (vacuum tube 16 is in between the pump 12 and the breast receptor + extension 44 + vacuum compartment 22, [0024] & Fig. 1);
a milk receptacle (collection container 14 in Fig.1 or collection container 80 in Fig. 5, [0024] and [0032]) connectable to the expression body (connected to vacuum compartment 22 via collection tube 18, [0024] and [0032], Fig. 1 and Fig. 5); and a waist belt (waist belt 32, [0024]-[0025] and [0029] & Fig.1) for wearing by the user of the system (assembly is meant to be worn on the person's body or torso [0025], Fig. 1), wherein the belt (waist belt 32, Fig. 1) comprises a pocket (pocket 28, [0024] and [0029] & Fig. 1 and Fig. 5) having a lateral main pocket (pocket is laterally oriented with respect to the user, Fig.5),
wherein the pocket is adapted to receive the pump ("the breast pump 12 is located in a pocket 28" [0024] & Fig. 5) by slidable insertion (breast pump 12 is " comfortably supported by or carried in the waist belt 32" [0030] and thus is capable of being slidably inserted into the pocket) through the lateral main pocket opening (pump 12 is placed into pocket 28, [0024] and [0029] & Fig.5) with the conduit extending from the conduit interface of the pump housing laterally out of the lateral main pocket opening (vacuum tube 16 does extend from the interface of the pump 12 and vacuum tube 16 laterally or from the side out of the pocket 28's opening, as seen in Fig. 1 and 5).
However, Lundy fails to explicitly disclose the lateral main pocket opening facing parallel to an elongate axis of the belt. However, Price teaches an opening facing parallel to an elongate axis of the belt (side opening held together by straps 28 and 32, side opening is parallel to width of the belt as seen in Fig. 2).
Both Price and Lundy teach of belts for carrying a pump system. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the opening of the belt as taught by Lundy, with Price, to have an opening facing parallel to an elongate axis of the belt. This modification is beneficial because the front and rear panels of the belt can be resealable together which would create an open space between the panels to receive the pump ([0009]and [0017] of Price).
Regarding claim 2, Lundy, as modified, discloses all the limitations of claim 1. Lundy discloses that the pocket is rectangular (see Fig. 1-5) but fails to explicitly disclose that the longest dimension of the rectangle is parallel to the elongate axis of the belt.
However, Price teaches that the pocket (carrying pouch 10, [0017], Fig. 2) is rectangular (exemplary dimensions of the pouch are that it has a “longitudinal length of approximately 14 1/2 inches and a height of approximately eight inches” [0017], and rectangular shape as can be seen in Fig. 1-3) and that the longest dimension of the rectangle (longest dimension of the rectangle is the longitudinal length of approximately 14 1/2 inches, [0017]) is parallel to the elongate axis of the belt (longitudinal length is parallel to the width of the belt as seen in Fig. 2, see [0017]).
Both Price and Lundy teach of belts for carrying a pump system. Price teaches of providing a pocket of a size and shape that will be sufficient to accommodate the desired type of pump to be used (“pouch adapted for storing and carrying a chemotherapy pump and bag set” [0017]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pocket of Lundy, with Price, to utilize a pocket size with a longest rectangular dimension parallel to the elongate axis of the belt as taught by Price. Such a modification would accommodate a pump that is similarly sized and shaped [0017], while allowing the pocket to be properly anchored to the belt as illustrated in Fig. 1 and Fig. 2 (“It should be understood that pouch 10 may be used to store other medical items” [0017]).
Regarding claim 5, Lundy, as modified, discloses all the limitations of claim 1. However, Lundy fails to explicitly disclose the pocket comprising of an upper web and a lower web which can be coupled together around the pump.
However, Price teaches of the pocket (carrying pouch 10, Fig. 2) comprising of an upper web (front panel 12, and web is encompassed by front and rear panels being from washable material like cotton, [0017] & Fig. 2; upper as defined as panel away from the body) and a lower web (rear panel 14, and web is encompassed by front and rear panels being from washable material like cotton, [0017] & Fig. 2; lower as defined as panel towards body) which can be coupled together around the pump (both panels come together to hold pump inside, [0017] & Fig. 2).
Both Price and Lundy teach of belts for carrying a pump system. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pocket of Lundy with Price to be comprised of an upper web and lower web that is coupled together around the pump as taught by Price. This modification is beneficial because the panels can be secured together and the open space in between the panels allows for a pump to be held inside ([0017]-[0018] of Price).
Regarding claim 6, Lundy, as modified, discloses all the limitations of claim 5. However, Lundy fails to explicitly disclose the upper web and the lower web are connectable by hook and loop fastener.
However, Price further teaches that that the upper web (front panel 12, and web is encompassed by front and rear panels being from washable material like cotton, [0017] & Fig. 2; upper as defined as panel away from the body so) and the lower web (rear panel 14, and web is encompassed by front and rear panels being from washable material like cotton, [0017] & Fig. 2; lower as defined as panel towards body) are connectable by hook and loop fastener (front strap 28 secure front panel 12 and rear strap 32 secure rear panel 14 to which are secured together by hook and loop fasteners 30, 34 [0019] & Fig. 2; “At least one front strap 28 is secured to the front panel 12 adjacent the second side edge thereof, and at least one rear strap 32 is similarly secured to the rear panel 14 adjacent the second side edge thereof… Free ends of the at least one front strap 28 and the at least one rear strap 32 are releasably secured together to releasably, partially seal the second side edges together. Any suitable releasable fastener may be utilized, such as hook and loop fasteners 30, 34, as shown in FIG. 2.”, [0019]).
Both Price and Lundy teach of belts for carrying a pump system. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the pocket of Lundy, with Price, to include the upper web and lower web connectable by hook and loop fastener. Such a modification would provide for an adjustable and resealable connection ([0019] of Price).
Regarding claim 7, Lundy, as modified, discloses all the limitations of claim 1. Lundy further discloses the milk receptacle (collection container 14, Fig. 1) is directly attachable to the expression body (collection container 14 is directly attached via collection tube 18 to compartment 22 as seen in Fig. 1).
Regarding claim 8, Lundy, as modified, discloses all the limitations of claim 1. Lundy further discloses a pumping/feeding bra (breast receptor bra as seen in Fig. 1 & [0010] and [0024]) for holding the expression body and the milk receptacle ("the breast receptor has an end for connection with a milk collection tube extending out from the opening in a direction away from the breast" [0010]; bra 36 helps to hold breast receptor 24 + extension 44 + vacuum compartment 22 and the collection container 14 [0024] & Fig. 1) in place.
Regarding claim 9, Lundy, as modified, discloses all the limitations of claim 1. Lundy further discloses wherein the milk receptacle (collection container 14, Fig. 1 & [0024]) is attachable to the expression body (breast milk flows from compartment 22 which then drains down toward collection tube 18 into collection bottle 14 and thus collection container 14 is connected to expression body which is breast receptor 24 + extension 44 + vacuum compartment 22, Fig. 1 & [0024]) through a second conduit (collection tube 18, Fig. 1) and wherein the belt comprises a second pocket (pocket 28 holds collection bottle 14, Fig. 1) adapted to receive the milk (pocket 28 holds collection bottle 14, Fig. 1 & [0024]).
Regarding claim 10, Lundy, as modified, discloses all the limitations of claim 9. Lundy further discloses a pumping/feeding bra (breast receptor support bra 36, [0024] & Fig. 1) for holding the expression body in place ("The breast receptor 24 is held in place against the breast 26 by the breast receptor support bra 36", [0024] & Fig.1).
Regarding claim 11, Lundy discloses a waist belt for use with a breast pump (waist belt 32, see abstract, [0024]-[0025], [0029] & Fig. 1-5) comprising: a pocket (pocket 28, [0024] and [0029] & Fig. 1 and Fig. 5) have a lateral main pocket opening (pocket 28 is laterally oriented with respect to the user, see Fig. 1 and Fig. 5), wherein the pocket is adapted to receive a breast pump ("the breast pump 12 is located in a pocket 28", [0024] & Fig. 5) by slidable insertion (breast pump 12 is "comfortably supported by or carried in the waist belt 32", [0030], and thus is capable of being slidably inserted into the pocket) through the lateral main pocket opening (pump 12 is placed into pocket 28, [0024] and [0029] & Fig. 5) with the conduit extending from the conduit interface of a housing of the breast pump laterally out of the lateral main pocket opening (vacuum tube 16 extends from the interface of the pump 12 laterally, or from the side out of the pocket 28's opening, as seen in Fig. 1 and 5).
However, Lundy fails to explicitly disclose the lateral main pocket opening facing parallel to an elongate axis of the belt. However, Price teaches a waist mounted carrying pouch 10 for storing and carrying a medical pump/medical items (“It should be understood that pouch 10 may be used to store other medical items”, [0017] & Fig. 1-3; pouch 10 would be capable of receiving a breast pump). Pouch 10 includes a lateral main pocket opening facing parallel to an elongate axis of the belt (“open space defined between the front and rear panels 12, 14 through either the upper edge of the pouch, or through one side of the pouch (the left side in FIGS. 2 and 3…“, [0018] & Fig. 1-3; the left side opening held together by straps 28 and 32 is parallel to an elongated axis of pouch 10, see Fig. 1-3; “Preferably, a pair of front straps 28 and a pair of rear straps 32 are provided, allowing at least one opening to be formed between the pairs of straps 28, 32 when they are secured together.”, [0019]).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the lateral main pocket opening of the waist belt of Lundy with Price to include the opening facing parallel to an elongate axis of the belt since Price teaches such to be an art effective configuration for an opening in a waist belt configured to hold a medical pump with an extending conduit and would yield the same predictable results pertaining to pump securement ([0017] and [0019] of Price).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Lundy (US 20010044593 A1), in view of Price (US 20090095783 A1), and further in view of Thomas (US 20100122995 A1).
Regarding claim 3, Lundy, as modified, discloses all the limitations of claim 1. Lundy discloses wherein the pump comprises a user interface (pump 12 has user interface being the switch and button as seen in Fig. 1). However, Lundy fails to explicitly disclose the pocket comprises a window for providing access to the user interface.
However, Thomas teaches a pump (controller device 250 inside of controller pouch 210, [0038], and carrier system 10 can be used with other pumps, [0074], Fig. 1 and 4) comprising of a user interface (display 255, [0045], Fig. 1,4) and the pocket (controller pouch 210, [0045], Fig.1, 4) comprising a window (see-through portion 214, [0045], Fig. 4 and can be better seen in Fig. 1 as the display 255 of the controller device 250 can be seen) for providing access to the user interface (“controller pouch 210 can include a see-through portion 214 for allowing the user to monitor a display 255 of the controller device 250” and “the see-through portion 214 can include a flexible material such that the input of the controller device 250 (e.g., buttons, a touch-sensitive screen, a membrane keyboard, and the like) can be operated by the user”, [0045]).
Both Thomas and Lundy teach of systems for carrying medical devices. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pocket and user interface of Lundy with Thomas to add a window for providing access to the user interface, as taught by Thomas. This modification would be beneficial because it allows for the user to interact and operate the pump without removing it from the pocket (see [0045] of Thomas).
Regarding claim 4, Lundy, as modified, discloses all the limitations of claim 3. However, Lundy fails to explicitly disclose wherein the window is an opening in the pocket or a transparent portion of the pocket.
Thomas further teaches wherein the window (see-through portion 214, [0045] & Fig. 4) is a transparent portion of the pocket (see-through portion 214 is transparent, [0045] & Fig. 4; seen in Fig. 1 as the display 255 of the controller device 250 can be seen).
Both Thomas and Lundy teach of systems for carrying medical devices. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the window of Lundy with Thomas to be a transparent portion of the pocket as taught by Thomas. This modification is beneficial because the transparent window allows for the user to interact and operate the pump without removing it from the pocket (see [0045] of Thomas).
Response to Arguments
Applicant's arguments filed 9/29/2025 have been fully considered but they are not persuasive. In response to Applicant’s arguments that neither Lundy nor Price, whether taken alone or in combination, show or suggest that the pocket is adapted to receive the pump through a lateral main pocket opening that faces laterally as recited in independent claims 1 and 11, the Examiner finds that Price explicitly teaches an “open space defined between the front and rear panels 12, 14 through either the upper edge of the pouch, or through one side of the pouch (the left side in FIGS. 2 and 3…“, [0018] & Fig. 1-3; “Preferably, a pair of front straps 28 and a pair of rear straps 32 are provided, allowing at least one opening to be formed between the pairs of straps 28, 32 when they are secured together.”, [0019]). The left side opening, formed between straps 28 and 32, is parallel to an elongated axis of pouch 10.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTIN ADAM RADOMSKI whose telephone number is (571)272-2703. The examiner can normally be reached Monday-Friday: 7:30-4:30 CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at (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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/MARTIN A RADOMSKI/Examiner, Art Unit 3783 /EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
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