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 .
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 1-3, 5, 15, 17-19 and 21-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Edelman et al. (USPGPub 2020/0016307).
Re Claim 1, Edelman teaches a body (20) for a breast milk pump (10) (as seen in Edelman Annotated Fig. 1C below), the breast milk pump (10) comprising a milk extraction assembly (28) (wherein element 28 of Edelman Annotated Fig. 1C is interpreted as the funnel 30 and tubular member extending therefrom) configured to be directly connected to a milk collection container to establish a milk flow path (Edelman Fig. 2A; ¶ 0021, 0067 - "funnel 30 also has a distal end 26 that resembles the baby's throat, and designed to be fluidly connected to a container for collecting the pumped breastmilk"), the breast milk pump comprising a proximal portion (20-6) configured to be positioned toward a breast of a user, a distal portion (20-7) configured to be positioned away from the breast, and a main axis extending between the proximal portion (20-6) and the distal portion (20-7) (as seen in Edelman Annotated Fig. 1C below), the body (20) comprising: a component-accommodating portion (130) configured to accommodate one or more operational components (50) to be used in conjunction with the breast milk pump (10) (Edelman ¶ 0024); said component-accommodating portion (130) comprising a front component-accommodating portion (130-1), the front component-accommodating portion (130-1) having a stimulating mechanism (150-156) at least partially positioned within the component-accommodating portion (130) (Edelman ¶ 0036-0037; Fig. 4A), said stimulating mechanism (150-156) being configured to manipulate the milk extraction assembly (28) at least during operation of the breast milk pump (Edelman ¶ 0036-0037, 0065, 0068, 0087-0094).
Edelman further teaches an interface portion (20-1) configured to be engaged with the milk extraction assembly (28) (Edelman Annotated Fig. 1C; ¶ 0008 - "said funnel 30 is designed to fit into said body 20" implies that body 20 has a through-passage), said interface portion (20-1) comprising a through-passage (20-2) extending along a direction transverse to the main axis of the breast milk pump (10) (as seen in Edelman Annotated Fig. 1C, when funnel 30 is removed, milk flow path is open to base 130), said through-passage (20-2) being physically separated from at least the front component-accommodating portion (130-1) by a wall (30-2) of the body (20) (as seen in Edelman Annotated Fig. 5 below).
Edelman also teaches the wall (30-2) structurally defining the through-passage (20-2), the through-passage (20-2) comprising a first through opening (30-3) configured to receive at least a part of the milk extraction assembly (28) (Edelman Annotated Fig. 5 below), and a second through opening (30-4) configured to receive at least a part of the milk collection container (Edelman Fig. 2A; ¶ 0021, 0067, the wall (30-2) extending between the first through opening (30-3) and the second through opening (30-4) (Edelman Annotated Fig. 5 below), wherein when the milk extraction assembly (28) is removed from the body (20), the wall (30-2) of the body (20) remains between the first through opening (30-3) and the second through opening (30-4), and wherein the milk extraction assembly (28) is detachably connectable to the milk collection container via the through-passage (20-2) (Edelman ¶ 0008, 0045, 0067 - "funnel 30 also has a distal end 26 that resembles the baby's throat, and designed to be fluidly connected to a container for collecting the pumped breastmilk"), while the through-passage at least partially embraces the connection of the milk extraction assembly (28) and the milk collection container and isolates said connection from the component-accommodating: portion (130) (Edelman ¶ 0021).
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Re Claim 2, Edelman teaches wherein the component-accommodating portion (130) is configured to at least partially engage the milk extraction assembly (28) to allow the one or more operational components (150-156) to be operated in conjunction with the milk extraction assembly (28) (Edelman ¶ 0036-0037, 0065, 0068, 0087-0094).
Re Claim 3, Edelman teaches wherein the component-accommodating portion (130) comprises a rear component-accommodating portion (vacuum chamber as seen in Fig. 2A), the interface portion (20-1) being positioned between the front component-accommodating portion (130-1) and the rear component-accommodating portion (Edelman Fig. 2A and Annotated Fig. 1C above), said through-passage (20-2) being at least partially separated from the rear component-accommodating portion (as seen in Edelman Fig. 2A and Annotated Fig. 1C above).
Re Claim 5, Edelman teaches wherein the milk extraction assembly (28) comprises a funnel (30), and wherein the stimulating mechanism (150-156) is configured to manipulate at least a flexible portion (32) of the funnel (30) (Edelman ¶ 0036-0037, 0065, 0068, 0087-0094).
Re Claim 15, Edelman teaches wherein the body (20) further comprises a separating layer configured to isolate at least the stimulating mechanism (150-156) from the milk extraction assembly (28) (Edelman ¶ 0068; as seen in Figs. 6D and 6E, tongue area 32 is thickened part of funnel 30).
Re Claim 17, Edelman teaches wherein the separating layer is flexible (Edelman ¶ 0068).
Re Claim 18, Edelman teaches wherein the separating layer is detachably attachable to the body (20) (Edelman ¶ 0008 - "said funnel 30 is designed to fit into said body 20").
Re Claim 19, Edelman teaches wherein the body (20) is configured to be detachably connected to the milk extraction assembly (28) via said connection of the milk extraction assembly (28) and the milk collection container (Edelman Fig. 2A; ¶ 0021, 0067 - "funnel 30 also has a distal end 26 that resembles the baby's throat, and designed to be fluidly connected toa container for collecting the pumped breastmilk").
Re Claim 21, Edelman teaches wherein the through-passage (20-2) comprises a first through opening (20-3) configured to receive therethrough the milk extraction assembly (28) and a second through opening (20-4) configured to receive therethrough the milk collection container (Edelman Annotated Fig. 1C, Fig. 2A; ¶ 0021, 0067 - "funnel 30 also has a distal end 26 that resembles the baby's throat, and designed to be fluidly connected to a container for collecting the pumped breastmilk").
Re Claim 22, Edelman teaches wherein the first through opening (20-3) has a first rim (20-5) configured to engage the milk extraction assembly (28), and the second through opening (20-4) has a second rim configured to engage the milk collection container (as seen in Edelman Fig. 2A, the second through opening receives a milk collection container about a rim).
Re Claim 23, Edelman teaches wherein the wall (30-2) defining the through-passage (20-2) is other than a wall of the milk extraction assembly (28) (Edelman Annotated Fig. 5 above).
Re Claim 24, Edelman teaches wherein the at least a part of the milk extraction assembly (28) which is received within the through-passage (20-2) comprises a cone member (30-1) connected to the funnel (30) (as seen in Edelman Annotated Fig. 1C above).
Re Claim 25, Edelman teaches wherein the wall (30-2) defining the through-passage (20-2) extends along at least a portion of the milk extraction assembly (28) when the milk extraction assembly (28) is received in the through-passage (20-2) (Edelman Annotated Fig. 5 above).
Re Claim 26, Edelman teaches wherein said at least a part of the milk extraction assembly (28) is received in the through-passage (20-2) along the direction transverse to the main axis of the breast milk pump (10) (Edelman ¶ 0036-0037, 0065, 0068, 0087-0094 - wherein roller segments 150-156 extend into through-passage).
Re Claim 27, Edelman teaches breast milk pump (10) (as seen in Edelman Annotated Fig. 1C above) comprising: a proximal portion (20-6) configured to be positioned towards a breast of a user, a distal portion (20-7) configured to be positioned away from the breast, and a main axis extending between the proximal portion (20-6) and the distal portion (20-7) (as seen in Edelman Annotated Fig. 1C above); a milk collection container (as described at Edelman ¶ 0045); a milk extraction assembly (28) (wherein element 28 of Edelman Annotated Fig. 1C is interpreted as the funnel 30 and tubular member extending therefrom) configured to be directly connected to the milk collection container to establish a milk flow path (20-2) (Edelman ¶ 0008, 0045, 0067 - "funnel 30 also has a distal end 26 that resembles the baby's throat, and designed to be fluidly connected to a container for collecting the pumped breastmilk"); and a body (20) comprising: a component-accommodating portion (130) configured to accommodate one or more operational components (50) to be used in conjunction with the breast milk pump (10) (Edelman ¶ 0024).
Edelman further teaches said component-accommodating portion (130) comprising a front component-accommodating portion (130-1), the front component-accommodating portion (130-1) having a stimulating mechanism (150-156) at least partially positioned therewithin (Edelman ¶ 0036-0037; Fig. 4A), said stimulating mechanism (150-156) being configured to manipulate the milk extraction assembly (28) at least during operation of the breast milk pump (10) (Edelman ¶ 0036-0037, 0065, 0068, 0087-0094); and an interface portion (20-1) configured to be engaged with the milk extraction assembly (28) (Edelman Annotated Fig. 1C; ¶ 0008 - "said funnel 30 is designed to fit into said body 20" implies that body 20 has a through-passage), said interface portion (20-1) comprising a through-passage (20-2) extending along a direction transverse to the main axis of the breast milk pump (10) (as seen in Edelman Annotated Fig. 1C, when funnel 30 is removed, milk flow path is open to base 130), said through-passage (20-2) being physically separated from at least the front component-accommodating portion (130-1) by a wall (30-2) of the body (20) (as seen in Edelman Annotated Fig. 5 above).
Edelman also teaches the wall (30-2) structurally defining the through-passage (20-2), the through-passage (20-2) comprising a first through opening (30-3) configured to receive at least a part of the milk extraction assembly (28) (Edelman Annotated Fig. 5 above), and a second through opening (30-4) configured to receive at least a part of the milk collection container (Edelman Fig. 2A; ¶ 0021, 0067, the wall (30-2) extending between the first through opening (30-3) and the second through opening (30-4) (Edelman Annotated Fig. 5 above), wherein when the milk extraction assembly (28) is removed from the body (20), the wall (30-2) of the body (20) remains between the first through opening (30-3) and the second through opening (30-4) and wherein the milk extraction assembly is detachably connectable to the milk collection container via the through-passage (20-2) (Edelman ¶ 0008, 0045, 0067 - "funnel 30 also has a distal end 26 that resembles the baby's throat, and designed to be fluidly connected to a container for collecting the pumped breastmilk"), while the through-passage (20-2) at least partially embraces the connection of the milk extraction assembly (28) and the milk collection container and isolates said connection from the component-accommodating portion (130) (Edelman ¶ 0021).
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.
Claims 4 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Edelman et al. (USPGPub 2020/0016307) in view of Liu (USPGPub 2018/0147331).
Re Claim 4, Edelman teaches all of the limitations of Claim 3. Edelman further teaches
wherein the stimulating mechanism (150-156) constitutes at least one of the operational
components (50), said stimulating mechanism (150-156) comprising at least one electrically
operable component (Edelman ¶ 0065, 0079). However, Edelman fails to teach wherein the
rear component-accommodation portion comprises an electrical connection port configured to
facilitate a connection of the breast milk pump with an electrical power source, and the
interface portion being configured to at least partially accommodate an electrical connection
extending from the electrical connection port to the at least one electrically operable
component.
Liu teaches a breast milk pump (1) (Liu Figs. 3-4) comprising a rear component-accommodation portion (11) and an interface portion (212), the rear component-accommodation portion (11) comprising an electrical connection port (2121) configured to facilitate a connection of the breast milk pump (1) with an electrical power source (Liu ¶ 0034), and the interface portion (212) being configured to at least partially accommodate an electrical connection extending from the electrical connection port (12, 111, 2121) to an electrically operable component (23) for reliable electrically wired power (Liu ¶ 0032-0034).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the rear component-accommodation portion of Edelman to comprise an electrical connection port configured to facilitate a connection of the breast milk pump with an electrical power source, and the interface portion being configured to at least partially accommodate an electrical connection extending from the electrical connection port to the at least one electrically operable component, the embodiment as disclosed by Liu for reliable electrically wired power (Liu ¶ 0032-0034).
Re Claim 10, Edelman in view of Liu teach all of the limitations of Claim 3. Edelman further teaches wherein the breast milk pump further comprises a vacuum assembly (as labeled in Edelman Fig. 2A), the rear component-accommodating portion (vacuum chamber as seen in Fig. 2A) being configured to accommodate the vacuum assembly and the interface portion (20-1) being configured to at least partially accommodate an air flow path extending between the vacuum assembly and the milk extraction assembly (28) (Edelman Annotated Fig. 1C above; Fig. 2A).
Re Claim 11, Edelman in view of Liu teach all of the limitations of Claim 10. Edelman further teaches a chamber supporting wall (as seen in Edelman Fig. 6A, air inlet passes through funnel and wall of body 20) separating the interface portion (20-1) and the rear component-accommodating portion (vacuum chamber as seen in Fig. 2A), said chamber supporting wall comprising a chamber supporting wall opening (air inlet as seen in Edelman Fig. 6A) being configured to establish a communication between the interface portion (20-1) and the rear component-accommodating portion (vacuum chamber as seen in Fig. 2A) (Edelman ¶ 0067-0068).
Re Claim 12, Edelman in view of Liu teach all of the limitations of Claim 11. Edelman further teaches wherein the air flow path (28) extends through the chamber supporting wall opening (Edelman ¶ 0067-0068; Fig. 6A).
Re Claim 13, Edelman in view of Liu teach all of the limitations of Claim 10. Edelman further teaches wherein the rear component-accommodating portion (vacuum chamber as seen in Fig. 2A) comprises an air flow connection port (as seen in Edelman Fig. 6A) configured to facilitate an air flow connection between the vacuum assembly and a pumping device (Edelman ¶ 0067).
Re Claim 14, Edelman in view of Liu teach all of the limitations of Claim 13. Edelman further teaches wherein the rear component-accommodating portion (vacuum chamber as seen in Fig. 2A). However, Edelman fails to teach wherein the rear component-accommodating portion comprises an electrical connection port configured to facilitate a connection of the breast milk pump with an electrical power source, and wherein the electrical connection port and the air flow connection port constitute a hybrid connection port.
Liu teaches a breast milk pump (1) (Liu Figs. 3-4) comprising a rear component portion (11), an interface portion (212), and an air flow connection port (13, 112), the rear component portion (11) comprising an electrical connection port (12, 111, 2121) configured to facilitate a connection of the breast milk pump (1) with an electrical power source (Liu 1 0032), and wherein the electrical connection port (12, 111, 2121) and the air flow connection port (13, 112) constitute a hybrid connection port for reducing the number of conduits to a single conduit (Liu ¶ 0032-0034).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the air flow connection port to include an electrical connection port configured to facilitate a connection of the breast milk pump with an electrical power source, and wherein the electrical connection port and the air flow connection port constitute a hybrid connection port as disclosed by Liu for reducing the number of conduits to a single conduit (Liu ¶ 0032-0034).
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Edelman et al. (USPG Pub 2020/0016307) in view of Hochstedler et al. (USPN 6,004,288).
Re Claim 7, Edelman teaches all of the limitations of Claim 5. Edelman further teaches wherein the operational components (50) further comprise a position adjustment mechanism (40, 50) configured to adjust a position of the stimulating mechanism (150-156) with respect to the milk extraction assembly (28) (Edelman ¶ 0027, 0065, 0071), the front component-accommodating portion (130-1) being configured to accommodate at least a first adjustment component (Edelman ¶ 0065 - wherein "the body further 20 comprises control units/buttons for controlling the motor and for adjusting the location of the lower manipulating mechanism 50") of the position adjustment mechanism (40, 50), the rear component portion (vacuum chamber as seen in Fig. 2A) being configured to accommodate at least a second adjustment component (40) of the position adjustment mechanism (40, 50) (Edelman Fig. 1C). However, Edelman fails to teach wherein the interface portion is configured to at least partially accommodate a connecting component of the position adjustment mechanism connecting the first adjustment component and the second adjustment component.
Hochstedler teaches a beast milk pump (Hochstedler Figs. 1-2) comprising an interface portion (proximal end of housing 12) and a position adjustment mechanism (54, 56, 58) wherein the interface portion is configured to at least partially accommodate a connecting component (26) of the position adjustment mechanism (54, 56, 58) connecting the first adjustment component (24) and the second adjustment component (28) wherein the configuration reduces the distance between the first adjustment component (24) and the second adjustment component (28) (Hochstedler Col. 2 Line 57 to Col. 3 Line 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the interface portion of Edelman to at least partially accommodate a connecting component of the position adjustment mechanism connecting the first adjustment component and the second adjustment component as disclosed by Hochstedler to reduce the distance between the first adjustment component and the second adjustment component thus adjusting the diameter of the breast pump funnel (Hochstedler Col. 2 Line 57 to Col. 3 Line 2).
Re Claim 8, Edelman in view of Hochstedler teach all of the limitations of Claim 7. Edelman fails to teach wherein the connecting component is a lever member, the first adjustment component is a lever first portion, and the second adjustment component comprises an actuator articulated to a lever second portion. Hochstedler teaches wherein the connecting component (26) is a lever member, the first adjustment component (24) is a lever first portion, and the second adjustment component (28) comprises an actuator (54, 56) articulated to a lever second portion (Hochstedler Col. 2 Line 57 to Col. 3 Line 2) wherein the configuration reduces the distance between the first adjustment component (24) and the second adjustment component (28) thus adjusting the diameter of the breast pump funnel (Hochstedler Col. 2 Line 57 to Col. 3 Line 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the connecting component of Edelman in view of Hochstedler to be a lever member, the first adjustment component is a lever first portion, and the second adjustment component comprises an actuator articulated to a lever second portion as disclosed by Hochstedler wherein the configuration reduces the distance between the first adjustment component and the second adjustment component thus adjusting the diameter of the breast pump funnel (Hochstedler Col. 2 Line 57 to Col. 3 Line 2).
Re Claim 9, Edelman in view of Hochstedler teach all of the limitations of Claim 8. Edelman fails to teach wherein the body comprises an access opening configured to allow access therethrough to the actuator. Hochstedler teaches a body (12) comprising an access opening (threaded orifice for adjustment knob 58) configured to allow access therethrough to the actuator (54, 56) wherein the configuration reduces the distance between the first adjustment component (24) and the second adjustment component (28) thus adjusting the diameter of the breast pump funnel (Hochstedler Col. 2 Line 57 to Col. 3 Line 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the body of Edelman in view of Hochstedler to comprise an access opening configured to allow access therethrough to the actuator as disclosed by Hochstedler wherein the configuration reduces the distance between the first adjustment component and the second adjustment component thus adjusting the diameter of the breast pump funnel (Hochstedler Col. 2 Line 57 to Col. 3 Line 2).
Response to Arguments
Applicant’s arguments filed 04/16/2026 with respect to claim objections and drawing objections have been fully considered and are persuasive. Applicant’s amendments to the claims have resolved all outstanding claim objections. Claim objections are hereinafter withdrawn. Applicant’s arguments directed to drawing objections starting at the bottom of Page 8 of the response and leading into Page 9 are sufficient in resolving outstanding drawing objections. Support at paragraphs 0355 and 0359 are sufficient in resolving drawing objections. All drawing objections are hereinafter withdrawn.
Applicant's arguments filed 04/16/2026 have been fully considered but they are not persuasive. In large part, applicant’s arguments directed to 102 anticipation rejections begin on Page 11 of the response. Examiner has adjusted Edelman Annotated Fig. 1C and provided an additional annotated figure, Edelman Annotated Fig. 5, to better assist both examiner and applicant in understanding rejection of the present case. The context of the wall in the present case has been changed from the funnel to the body, and the annotated figures now reflect this. On Page 11 of the response, applicant argues:
The PTO states that the funnel 30 is designed to fit into the body 20, and thus implies a through-passage 20-2 of the body 20. See Office Action, p. 4. However, Applicant respectfully submits that this alleged through-passage 20-2 is not defined by a wall of the body which remains in place even when the funnel is removed from the body, as claimed in currently amended independent claim 1. Thus, the PTO has not demonstrated that Edelman discloses "the wall structurally defining the through-passage," as recited in currently amended independent claim 1.
Examiner would point applicant to Edelman Annotated Fig. 5 above where this wall structure is now interpreted as element 30-2. As can be seen, the through-passage (20-2) is defined by wall (30-2) of the body (20) which remains in place even when the funnel is removed from the body (20). In the first full paragraph of Page 12 of the response, applicant states “Element 20-8 is therefore not a wall of the body 20, but rather a wall of the funnel 30 (that is in contact with the roller segments 150-156 to be manipulated during use of the pump).” Examiner did not intend for the wall to be interpreted as a part of the funnel and it is believed that the combination of annotated figures 1C and 5 reflect better that the wall is a part of the body, element 20. In the next full paragraph on Page 12 of the response, applicant argues the interior of the body 20 has no inner wall. Examiner disagrees where any structure with a lumen running therethrough will also comprise an interior surface defining said lumen, in this case, an inner wall. The above remarks are applicable to the remainder of applicant’s arguments on Pages 13 and 14 of the response.
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 WILLIAM R FREHE whose telephone number is (571)272-8225. The examiner can normally be reached 10:30AM-7:30PM.
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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/WILLIAM R FREHE/Examiner, Art Unit 3783 /KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783
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