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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 4, 2026 has been entered.
Response to Amendment
This office action is responsive to the amendment filed on May 4, 2025. As directed by the amendment: claims 1, 3, 8, and 14 have been amended. Thus, claims 1-8, 10-15, and 17-31 are presently pending in this application.
Applicant’s amendments to the Specification, Drawings, and Claims have overcome each and every 112(b) rejections previously set forth in the Final Office Action mailed December 2, 2025.
Response to Arguments
Applicant’s arguments, filed May 2, 2026, with respect to the rejection(s) of claim(s) 1, 8, and 14 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Applicant’s amendments.
Claim Objections
Claims 1, 2, 13, 14, and 19 are objected to because of the following informalities:
Regarding claim 1, the claim should be amended to recite wherein the first liquid barrier, the interior surface…” to correct for grammar.
Regarding claim 2, the claim should be amended to recite “the liquid retention space is configured to be beneath a nipple” to clarify that the claim is not positively reciting the nipple.
Regarding claim 13, the claim should be amended to recite “…being attached to the breast contacting member” to correct for grammar.
Regarding claim 14, the claim should be amended to recite “…sealable against [[a]] the breast pump suction flange” since the flange is already recited in the preamble.
Regarding claim 19, the claim should be amended to recite “…being attached to the breast contacting member” to correct for grammar.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 8-15, 17-19, 28, and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McKendry (US 6974439).
Regarding claim 8, McKendry discloses a breast guard for use with a breast pump suction flange (liner 58 in fig. 4), the breast guard comprising:
a breast contacting member including a flexible breast contacting member body that is sealable against a human breast (see below), the breast contacting member body defining a first nipple receiving opening extending through a breast contacting surface and an interior surface opposite the breast contacting surface (see below);
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a flange contacting member including a flexible flange contacting member body that is sealable against the breast pump suction flange (end 68 in fig. 4 engages the bottom end of housing 54), the flange contacting member body defining a second nipple receiving opening configured to receive a nipple in use (see below); and
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a collapsible member extending from the breast contacting member to the flange contacting member (wider section 74 in fig. 4), the collapsible member forming a liquid barrier between the breast contacting member and flange contacting member (fig. 4 shows the wider section 64 as circumferentially formed so as to prevent liquid from passing from the wider section to the interior of housing 54).
Regarding claim 10, McKendry discloses the collapsible member is configured to permit the breast contacting member and flange contacting member to move independently of each other as the flange moves during suction on/suction off cycles of a breast pumping session (figs. 2 and 6 section 72 of the breast contacting member radially expanding and contracting relative to the immobile end 68).
Regarding claim 11, McKendry discloses the breast contacting member, flange contacting member, and collapsible member collectively define a liquid retention space within the flange (the space formed by the inside of liner 58 does not allow liquid to pass through the liner and into housing 58 so as to retain liquid while liquid is passing through the interior space of liner 58).
Regarding claim 12, McKendry discloses the breast contacting member body, flange contacting member body, and collapsible member are made of at least one substantially liquid impermeable material (2:50-52 discloses silicone).
Regarding claim 13, McKendry discloses the collapsible member includes a flexible sidewall made of substantially liquid impermeable material (sidewall of section 74 in fig. 4; 2:50-52 discloses silicone), the flexible sidewall being attached to breast contacting member and the flange contacting member (fig. 2 and 4).
Regarding claim 14, McKendry discloses a breast guard for use with a breast pump suction flange (line 58 in fig. 4), the breast guard comprising:
a breast contacting member including a breast contacting member body that is sealable against a human breast (see below), the breast contacting member body defining a first nipple receiving opening (see below);
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a flange contacting member including a flange contacting member body that is sealable against a breast pump suction flange (body formed by end 68 in fig. 4), the flange contacting member body defining a second nipple receiving opening extending through the flange contacting member body (see below from fig. 5), the flange contacting member body extending outward from the second nipple receiving opening (see below) and being configured to fold back toward the breast contacting member outside of the second nipple receiving opening when sealed against the breast pump suction flange (see below); and
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a collapsible member extending from the breast contacting member to the flange contacting member (section 74 in fig. 4), the collapsible member being configured to permit the breast contacting member and flange contacting member to move independently of each other during suction on/suction off cycles of a breast pumping session (fig. 2 and 6 shows the section 72, which is part of the breast contacting member, as radially expanding/contracting relative to end 68).
Regarding claim 15, McKendry discloses the collapsible member forms a liquid barrier between the breast contacting member and flange contacting member when the breast contacting member body is against the human breast and the flange contacting member body is against the breast pump suction flange (fig. 4 shows section 74 as circumferentially formed so as to form a liquid barrier between the inside of section 74 and the inside of housing 54).
Regarding claim 17, McKendry discloses the breast contacting member, flange contacting member, and collapsible member collectively define a liquid retention space within the flange (the space formed by the inside of liner 58 does not allow liquid to pass through the liner and into housing 58 so as to retain liquid while liquid is passing through the interior space of liner 58).
Regarding claim 18, McKendry discloses the breast contacting member body, flange contacting member body, and collapsible member are made of at least one substantially liquid impermeable material (2:50-52 discloses silicone).
Regarding claim 19, McKendry discloses the collapsible member includes a flexible sidewall made of substantially liquid impermeable material (sidewall of section 74 in fig. 4; 2:50-52 discloses silicone), the flexible sidewall being attached to breast contacting member and the flange contacting member (fig. 2 and 4).
Regarding claim 28, McKendry discloses the second nipple receiving opening extends through the flange contacting member body (see below) and the flange contacting member body extends outward from the second nipple receiving opening (see below) and is configured to fold back toward the breast contacting member when sealed against the breast pump suction flange (see below).
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Regarding claim 29, McKendry discloses the first nipple receiving opening extends through a breast contacting surface and an interior surface opposite the breast contacting surface (see below).
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Allowable Subject Matter
Claims 1-7, 20-27, 30, and 31 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, the closest prior art is McKendry, as discussed above. McKendry discloses a first liquid barrier (base 68 in fig. 4), a second liquid barrier (see below) comprising a breast contacting surface and an interior surface opposite the breast contacting surface (see below), and a third liquid barrier extending between the first and second liquid barriers (section 74 in fig. 4).
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The first and third barriers form a liquid retention space in the interior of the guard (liner 58 in fig. 4); however, the interior surface of the second liquid barrier is outside of this space so that the interior surface of the second liquid barrier does not form a liquid retention space with the first and third liquid barriers, as required by the claim.
Claim 20 is allowed for the same reasons provided in the Final Rejection mailed on December 2, 2025.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY FREDRICKSON whose telephone number is (571)270-7481. The examiner can normally be reached Monday-Friday (9 AM - 5 PM EST).
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/COURTNEY FREDRICKSON/Primary Examiner, Art Unit 3783
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