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 .
Election/Restrictions
Applicant’s election without traverse of Species I (wherein the system comprises a sensor, electrically coupled to the control circuit, which, during operation, measures a vital sign of the individual as a function of time) in the reply filed on 10/24/2025 is acknowledged. Applicant’s election without traverse of Species IV (wherein the control circuit determines the need for milk based on a temporal pattern of the vital sign), Species VII (wherein, during operation, the interface circuit receives additional information specifying a vital sign of the second individual as a function of time) and Species X (wherein the control circuit determines the need for milk based on a temporal pattern of the vital sign) in the reply filed on 02/10/2026 is acknowledged.
Claim Objections
Claim 1 is objected to because of the following informalities: Line 7 reading “the suction” should read --the time-varying suction--. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: Line 8 reading “the suction” should read --the time-varying suction--. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: Line 5 reading “with milk consumption” should read with the milk consumption--. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: Line 1 reading “collects milk” should read --collects the milk--. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: Line 2 reading “an individual” should read --the individual--. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: Line 3 reading “during operation” should read --during the operation--. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: Line 5 reading “during operation” should read --during the operation--. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: Line 7 reading “milk consumption by a second individual” should read --the milk consumption by the second individual--. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: Line 3 reading “wherein control circuit” should read --wherein the control circuit--. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: Lines 1-2 reading “an average volume of the milk collected” should read --an average volume of milk collected--. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fridman et al. (USPGPub 2015/0065994).
Re Claim 1, Fridman teaches a system (400), comprising: an article of clothing (447); a breast pump (432a, 434) embedded in the article of clothing (wherein the embodiment of Fridman Fig. 5A is described as embedded in the article of clothing, ¶ 0120), the breast pump (400) configured to apply a time-varying suction to a breast (Fridman ¶ 0162); and a compression element (440) associated with the article of clothing, the compression element configured to apply a time-varying compression to the breast (Fridman ¶ 0161); wherein a type of compression pattern on the breast is combined with the suction (Fridman ¶ 0158, 0164, 0192); wherein the type of compression pattern is concurrently applied with the suction so that suction may be reduced (Fridman ¶ 0169, 0193).
Re Claim 2, Fridman teaches wherein the breast pump (432a, 434) collects milk from an individual during a breast pumping session and further includes: a milk consumption sensor that facilitates specifying milk consumption by a second individual (Fridman ¶ 0168, 0211); and a controller that synchronizes the breast pumping session with milk consumption (Fridman ¶ 0213).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 3-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-11 of USPN 11,413,379, hereinafter Patent ’379. Although the claims at issue are not identical, they are not patentably distinct from each other where Claims 3-13 of the present case are dependent claims and Claim 1 of Patent ‘379 is an independent claim.
Re Claims 3-13: Claims 3-13 of the present case are disclosed by Claims 1-11, respectively, of Patent ‘379. This disclosure of Claims 3-13 in Claims 1-11 of Patent ‘379 read nearly word for word.
Terminal Disclaimer
A terminal disclaimer may be effective to overcome a nonstatutory double patenting rejection over a reference patent (37 CFR 1.321(b) and (c)). A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional, the reply must be complete. MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/PatentForms. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/TerminalDisclaimer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R FREHE whose telephone number is (571)272-8225. The examiner can normally be reached 10:30AM-7:30PM.
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/WILLIAM R FREHE/Examiner, Art Unit 3783
/KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783