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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/5/2025 has been entered. Claims 1-22 remain pending in the application.
Response to Arguments
Applicant's arguments regarding the 35 USC 103 rejections of Claims 1-22 have been fully considered but they are not persuasive for these reasons:
Regarding Applicant’s assertion that the limitation regarding fluid being able to flow through the nipple from the point where the tube is pinched and placed in an inverted position is not taught by Althallab (Page 6-11), the examiner disagrees, pointing out that Althallab to can allow fluid to flow if there is any fluid remaining in the tube side closest to the nipple where the tube is pinched. The fluid can still flow through the tube if there is fluid remaining in the tube. Column 3 lines 53-58 is just saying that liquid from the bottom of the bottle can not be collected to go through the tube if the bottle is inverted past a certain degree.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-4, 6-13 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US Patent 9636280 issued to Althallab (Here forth “Althallab”).
Regarding claim 1, Althallab discloses a feeding device for oral feeding of an infant (Fig 1B, feeding device 10), comprising:
a bottle (Fig 1B, bottle 12) having a main body (Fig 1B, main body is the portion of the bottle that can hold the fluid);
a cartridge (Fig 1B, cartridge 14) comprising
tubing that has a hollow volume and two opposing ends and is in fluid communication with the bottle and
a nipple in fluid communication with the tubing (Fig 1A and 4, tubing 30 is in fluid connection with bottle 12 and nipple 34); and
a control device connected to a source of electric power and programmed to activate a pinching mechanism to either pinch the tubing to stop fluid flow through the tubing and nipple or relieve pressure on the tubing, to start fluid flow through the tubing and nipple (Column 3, lines 43-58, control 26 can be programmed to relive or puts pressure on the tubing 30 by pinching to control the flow through the tubing and nipple),
wherein the feeding device is configured to cause fluid to pass through the nipple by inverting the feeding device, placing the nipple below the main body of the bottle (Column 2 lines 45-58, when there is no pressure being put on the tubing 30 and the bottle is inverted and positioned so that the nipple is below the main body of the bottle, fluid can pass through the nipple; Claim 13 of Althallab also indicates the pump is a peristaltic pump which will work inverted (these pumps work by squeezing the tube so orientation doesn’t matter). When the bottle is full it could at least pump whatever nutrients are above the tube member 30).
Regarding claim 3, Althallab further discloses wherein the tubing extends from the tip of the nipple to the bottle (Fig 7, tubing 18 attaches to a tubing portion 88 that extends within the nipple to the tip of the nipple).
Regarding claim 4, Althallab further discloses wherein the tubing extends from the tip of the nipple to a bottle interface (Tubing portion 88 within nipple 34 attaches to the tubing portion 18 causing the tubing to extend from the tip of the nipple to the bottle interface portion 14).
Regarding claim 6, Althallab further discloses wherein the control device includes a flow button that is configured to initiate a signal to the pinching mechanism for controlling fluid flow through the tubing and nipple (Column 3 lines 43-58, when flow button 64 is pressed, it activates the motor in the control device 26 that signals the pinching mechanism for controlling the flow through the tubing 30 and nipple 34).
Regarding claim 7, Althallab further discloses wherein the control device permits fluid flow through the nipple upon a user pressing the flow button (Fig 1B, the flow is controlled through the nipple when the user presses the flow button 64 which is a power button; without the power button being turned on there can be no flow control).
Regarding claim 8, Althallab further discloses wherein the control device completely stops fluid flow through the nipple when the flow button is released (Fig 1A, when the flow button 64 is pushed and released to turn the device off and deactivates the motor 28 when it fully pinches the tube, the flow stops).
Regarding claim 9, Althallab further discloses wherein the control device comprises at least two flow buttons, each configured to initiate a signal to the pinching mechanism for controlling fluid flow through the tubing and nipple (Fig 1A, when there are two additional flow buttons 24 can be used to adjust the flow through the tubing and signal to the pinching mechanism).
Regarding claim 10, Althallab further discloses wherein a first flow button is located on one side of the control device for right-handed use of the feeding device and a second flow button is located on an opposite side of the control device for left-handed use of the feeding device (Fig 1A, there is a first flow button 24 closer to the left side and one closer to the right; one button 24 controls the flow increase and one controls the flow decreasing; one button 24 can be more easily accessed by a left hander and the other more easily accessed by a right hander; both buttons control the flow of the fluid through the tubing and nipple).
Regarding claim 11, Althallab further discloses wherein the control device is secured to the cartridge by one of a snap-fit, press fit, latched or locked configuration (Column 4, Lines 37-57; the control device must be press fit through the window 56 and locked within the cartridge in order to be able to user the controls).
Regarding claim 12, Althallab further discloses wherein the bottle and cartridge are single-use and disposable (Fig 2A, it is possible to use and dispose the bottle 12 and cartridge 44 after one use as the control device is removable from the cartridge and bottle).
Regarding claim 13, Althallab further discloses wherein the source of electric power is a rechargeable battery (Fig 7B, rechargeable batteries 40 can be attached).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Althallab.
Regarding claim 2, Althallab discloses a pinching mechanism under the control of a switch (Column 3 lines 43-58, the buttons 42 of the control device 26 signals and triggers a switch that turns on the pinching mechanism for controlling the flow through the tubing 30 and nipple 34).
Limitation A: wherein the control device activates the pinching mechanism under the control of a solenoid switch to either pinch or relieve pressure on the tubing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the feeding device taught by Althallab to teach Limitation A by substituting the control device switch that initiates a pinching mechanism for a solenoid switch. Such a modification only changes the switch type which provides no change in function (see MPEP 2144.04 III). Further Applicant has not disclosed criticality for the claimed control device type.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Althallab in view of International Publication WO2018187644 by Capilouto (Here forth “Capilouto”).
Regarding claim 5, Althallab does not expressly disclose the following limitations:
Limitation B: the control device programs and records stops and runs of fluid flow.
Capilouto discloses a similar feeding device that teaches Limitation B wherein the control device is programmed to record stops and runs of fluid flow performed by the feeding device (Para 44, Control device 90 is programmed 210 to record suck-swallow performance which inherently records stops and runs of the fluid).
It would have been obvious to a person having ordinary skill in the art having the teachings of Althallab and Capilouto before them, when the application was filed, to have modified the feeding device of Althallab to include the ability for the control device to monitor the fluid flow, as taught by Capilouto, to advantageously provide data regarding the infants quality of drinking the fluid within.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Althallab in view of US Publication 2019/0291307 by Wright (Here forth “Wright”).
Regarding claim 14, Althallab does not expressly disclose the following limitations:
Limitation C: wherein the bottle is a standard Grad-U- Feeder.
Wright discloses a similar feeding device that teaches Limitation C wherein the bottle is a standard Grad-U- Feeder (Para 65, a Grade-U-Feeder is a feeder meant for a preemie that holds 90 mL or less. The feeder shown in Fig 15 holds 60 mL).
It would have been obvious to a person having ordinary skill in the art having the teachings of Althallab and Wright before them, when the application was filed, to have modified the feeding device of Althallab to have the bottle be a Grad-U-Feeder, as taught by Wright, to advantageously provide data the fluid amount meant to feed a preemie.
Claim 15-18 is rejected under 35 U.S.C. 103 as being unpatentable over Althallab in view of International Publication WO2015/091114 by Van (Here forth “Van”)
Regarding claim 15, Althallab further discloses a feeding device for oral feeding of an infant, comprising: a bottle (Fig 4, bottle 4);
a cartridge comprising tubing that is in fluid communication with the bottle and a nipple in fluid communication with the tubing (Fig 4, the cartridge 44 covers and comprises tube 30 and it is in fluid communication with the bottle 12 and nipple 34); and
a control device comprising a display screen, wherein the control device is programmed to receive and store input data (Fig 2A, the control device 24 contains display screen 52 and input button 42 and the control device receives and at least temporally stores the data in order to provide the proper fluid flow) and is programmed to activate a pinching mechanism to either pinch the tubing to stop the fluid flow through the tubing and nipple or relieve pressure on the tubing to start fluid flow through the tubing and nipple (Column 3, lines 43-58, control 26 can be programmed to relive or puts pressure on the tubing 30 by pinching to control the flow through the tubing and nipple),
wherein the feeding device is configured to cause fluid to pass through the nipple by inverting the feeding device, placing the nipple below the main body of the bottle (Column 2 lines 45-58, when there is no pressure being put on the tubing 30 and the bottle is inverted and positioned so that the nipple is below the main body of the bottle, fluid can pass through the nipple; Claim 13 of Althallab also indicates the pump is a peristaltic pump which will work inverted (these pumps work by squeezing the tube so orientation doesn’t matter). When the bottle is full it could at least pump whatever nutrients are above the tube member 30).
Althallab does not expressly disclose the following limitations:
Limitation D: a control device comprising an input knob.
Van discloses a similar bottle wherein a control device comprising an input knob (Fig 1, there is a knob 8 that can adjust the increasing and decreasing of temperature by turning the knob clockwise or counterclockwise; the input knob is configured to be deployed by turning in either a clockwise or counterclockwise direction).
It would have been obvious to a person having ordinary skill in the art having the teachings of Althallab and Van before them, when the application was filed, to have modified the flow rate buttons to be input knobs instead of input buttons, as taught by Van, to advantageously easily adjust the flow without using much force.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device taught by Althallab by substituting an input button for an input knob. Such a modification only changes the switch type which provides no change in function (see MPEP 2144.04 III). Further Applicant has not disclosed criticality for the claimed fastener.
Regarding claim 16, Althallab as modified further discloses wherein the input knob is configured to be deployed by a user to select menu items or change values displayed on the display screen (Fig 1A Althallab as modified with the input knob is used to change values displayed on the screen 52).
Regarding claim 17, Althallab as modified includes all of the limitations including, wherein the input knob is configured to be deployed by turning in either a clockwise or counterclockwise direction (See the detailed description of the rejection of claim 15, Fig 1 of Van).
Regarding claim 18, Althallab further discloses feeding device according to Claim 15, wherein the display screen is an LED display screen (Fig 9, the display screen is LED 52).
Claims 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Althallab and Van in view of US Patent 10463577 issued to Lau (Here forth “Lau”).
Regarding claim 19, Althallab further discloses wherein the control device further comprises an internal microprocessor. But Althallab does not expressly disclose the following limitations:
Limitation E: internal microprocessor is for recording data
Lau discloses a similar device that teaches Limitation E, wherein the control device further comprises an internal microprocessor for recording data (Fig 2, the microprocessor can record the volume of fluid consumed; the internal microprocessor is adapted to record the stops and runs of fluid flow performed by the feeding device; the internal microprocessor is programmed to record any one or more types of data selected from the group consisting of: a volume of fluid consumed; Fig 4, the internal microprocessor is adapted to record the stops and runs of fluid flow performed by the feeding device).
It would have been obvious to a person having ordinary skill in the art having the teachings of Althallab as modified and Lau before them, when the application was filed, to have the microprocessor record the volume of fluid consumed, as taught by Lau, to advantageously monitor the baby’s development.
Regarding claim 20, Althallab includes all of the limitations including wherein the internal microprocessor is programmed to record any one or more types of data selected from the group consisting of: a volume of fluid consumed; an infant identification code; a user identification code; infant postmenstrual age; total feeding time; and date and time of feeding (See the detailed description of the rejection of claim 19; Fig 2 of Lau).
Regarding claim 21, Althallab further discloses the following limitations wherein the internal microprocessor is adapted to record the stops and runs of fluid flow performed by the feeding device (See the detailed description of the rejection of claim 19, Fig 4).
Regarding claim 22, Althallab does not expressly disclose the following limitations:
Limitation F: computer stores the data
Lau disclose a similar device that discloses Limitation F, wherein the control device is adapted to be connected to a personal computer for downloading the stored input data (Fig 16).
It would have been obvious to a person having ordinary skill in the art having the teachings of Althallab as modified and Lau before them, when the application was filed, to have the microprocessor sent data to a computer, as taught by Lau, to advantageously record and store the data.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA KAVINI TAMIL whose telephone number is (571)272-6655. The examiner can normally be reached 7:30am-5:00pm.
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/JESSICA KAVINI TAMIL/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 25 September 2025