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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “a feedback control mechanism” (claim 10, lines 1-2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The Related Application(s) section does not state that the application is a 371 of PCT/US2022/014344, filed 01/28/2022.
Appropriate correction is required.
Claim Objections
Claims 6-8, 11, 13, and 16-18 are objected to because of the following informalities:
In regards to claim 6, line 3, “the second” should be changed to “the second chamber”.
In regards to claim 7, line 3, “bobbin” should be changed to “a bobbin”.
In regards to claim 8, line 2, “vibratory waveform” should be changed to “a vibratory waveform”.
In regards to claim 11, line 3, “bobbin” should be changed to “the bobbin”.
In regards to claim 13, line 2, “diaphragm” should be changed to “a diaphragm”.
In regards to claim 16, line 3, “the second” should be changed to “the second chamber”.
In regards to claim 17, line 3, “diaphragm” should be changed to “a diaphragm”.
In regards to claim 18, line 2, “diaphragm” should be changed to “a diaphragm”.
Appropriate correction is required.
Applicant is advised that should claim 13 be found allowable, claim 18 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 § 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, 6-7, 11-13, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Felber et al (US 2012/0070323).
In regards to claim 1, Felber et al teaches a vacuum motor device (Figures 1, 3, 5-6) for facilitating milk extraction from a breast of a user, the vacuum motor device comprising:
a first chamber (8)
a second chamber (96) coupled to the first chamber (Figures 1, 5-6)
a voice coil motor (921, 91, 94, 92) configured to cause air to flow into the second chamber and out of the first chamber during a breast pumping cycle to create suction for extracting the milk (Figures 1, 5-6)(paragraph [0052]: If an alternating electric current flows through the coil 921, the electromagnetic field changes and the coil former 92 moves relative to the permanent magnet 91. The coil former 92 acts like a piston or ram and moves the vacuum diaphragm 94 cyclically back and forth. In this case, the force acting on the vacuum diaphragm 94 is proportional to a current applied to the coil. By means of the movement of the vacuum diaphragm 94, a cyclically changing vacuum is built up in the pump chamber 96 and is present at the output 990)(paragraph [0099]: The vacuum transmitted to the second pump chamber 8 evacuates the first line 2 such that there is a negative pressure in the breast shield 4. As a result, milk is expressed from the mother's breast and passes through the breast shield 4 and the coupling part 3 into the first line 2)
In regards to claim 2, Felber et al teaches wherein the voice coil motor includes a coil (921), a magnet (91), and a diaphragm (94).
In regards to claim 3, Felber et al teaches wherein the voice coil motor includes a coil (921), a magnet (91), and a piston (92).
In regards to claim 6, Felber et al teaches a first directional valve (942) positioned to allow the air to flow between the first chamber and the second chamber, and a second directional valve (943) to allow the air to flow between the second and an ambient environment (Figure 1)(paragraph [0051]: The cover 99 has a port opening 990 for the vacuum line 12' which is connected to the pump chamber 96. An air inlet opening 992 in the cover 99 likewise connects the environment to the pump chamber 96 via the valve plate 95. The valve plate 95 has the valves, inlets and outlets customary for diaphragm vacuum pumps)(paragraph [0079]: the vacuum flap 942 is open, and therefore the negative pressure is applied via the vacuum channel 953 to the vacuum port 952)(paragraph [0077]: the outlet valve flap 943 is open. As a result, air still in the cover-side region of the pump chamber 96'' is released into the housing 90'' or to the outside).
In regards to claim 7, Felber et al teaches a first port (990) configured to allow the air to flow, between the first chamber and the second chamber when a piston or bobbin (92) is in a first position.
In regards to claim 11, Felber et al teaches a second port (992) configured to allow the air to flow between the first chamber, the second chamber, and an ambient environment when the piston or bobbin is in a second position
In regards to claim 12, Felber et al teaches a method for facilitating milk extraction from a breast of a user, the method comprising:
providing a first chamber (8)
providing a second chamber (96) coupled to the first chamber (Figures 1, 5-6)
providing a voice coil motor (921, 91, 92, 94) configured to cause air to flow into the second chamber and out of the first chamber during a breast pumping cycle to create suction for extracting the milk (Figures 1, 5-6)(paragraph [0052]: If an alternating electric current flows through the coil 921, the electromagnetic field changes and the coil former 92 moves relative to the permanent magnet 91. The coil former 92 acts like a piston or ram and moves the vacuum diaphragm 94 cyclically back and forth. In this case, the force acting on the vacuum diaphragm 94 is proportional to a current applied to the coil. By means of the movement of the vacuum diaphragm 94, a cyclically changing vacuum is built up in the pump chamber 96 and is present at the output 990)(paragraph [0099]: The vacuum transmitted to the second pump chamber 8 evacuates the first line 2 such that there is a negative pressure in the breast shield 4. As a result, milk is expressed from the mother's breast and passes through the breast shield 4 and the coupling part 3 into the first line 2)
In regards to claim 13, Felber et al teaches wherein the voice coil motor includes a coil (921), a magnet (91), and a piston (92) or diaphragm (94).
In regards to claim 16, Felber et al teaches providing a first directional valve (942) positioned to allow the air to flow between the first chamber and the second chamber, and a second directional valve (943) to allow the air to flow between the second and an ambient environment (Figure 1)(paragraph [0051]: The cover 99 has a port opening 990 for the vacuum line 12' which is connected to the pump chamber 96. An air inlet opening 992 in the cover 99 likewise connects the environment to the pump chamber 96 via the valve plate 95. The valve plate 95 has the valves, inlets and outlets customary for diaphragm vacuum pumps)(paragraph [0079]: the vacuum flap 942 is open, and therefore the negative pressure is applied via the vacuum channel 953 to the vacuum port 952)(paragraph [0077]: the outlet valve flap 943 is open. As a result, air still in the cover-side region of the pump chamber 96'' is released into the housing 90'' or to the outside).
In regards to claim 17, Felber et al teaches providing a first port (990) configured to allow the air to flow between the first chamber and the second chamber when a piston (92) or diaphragm (94) is in a first position.
In regards to claim 18, Felber et al teaches wherein the voice coil motor includes a coil (921), a magnet (91), and a piston (92) or diaphragm (94).
In regards to claim 19, Felber et al teaches wherein a current flowing through the coil in a first direction generates a magnetic field, and wherein the magnetic field pulls the coil and the piston or the diaphragm into the magnet (paragraph [0052]: If an alternating electric current flows through the coil 921, the electromagnetic field changes and the coil former 92 moves relative to the permanent magnet 91. The coil former 92 acts like a piston or ram and moves the vacuum diaphragm 94 cyclically back and forth. In this case, the force acting on the vacuum diaphragm 94 is proportional to a current applied to the coil)(Figure 1, arrow to the right).
In regards to claim 20, Felber et al teaches wherein the current flowing through the coil in a second direction changes the magnetic field to push the coil and the piston or the diaphragm out of the magnet (paragraph [0052]: If an alternating electric current flows through the coil 921, the electromagnetic field changes and the coil former 92 moves relative to the permanent magnet 91. The coil former 92 acts like a piston or ram and moves the vacuum diaphragm 94 cyclically back and forth. In this case, the force acting on the vacuum diaphragm 94 is proportional to a current applied to the coil)(Figure 1, arrow to the left).
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 4-5 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Felber et al, as applied to claims 3 and 13 above.
In regards to claim 4, Felber et al teaches wherein a current flowing through the coil in a first direction generates a magnetic field (paragraph [0052]: If an alternating electric current flows through the coil 921, the electromagnetic field changes); however, Felber et al does not teach wherein the magnetic field pushes the magnet and the piston into the coil, as Felber et al instead teaches wherein the magnetic field pulls the coil and the piston or the diaphragm into the magnet (paragraph [0052]: the coil former 92 moves relative to the permanent magnet 91. The coil former 92 acts like a piston or ram and moves the vacuum diaphragm 94 cyclically back and forth. In this case, the force acting on the vacuum diaphragm 94 is proportional to a current applied to the coil)(Figure 1, arrow to the right). But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the magnetic field, of the device of Felber et al, to push the magnet and the piston into the coil, as an obvious matter of design choice alternatives, as either the magnetic field pulling the coil and the piston or the diaphragm into the magnet, as taught by Felber et al, or the magnetic field pushing the magnet and the piston into the coil, as taught by Applicant, will arrive at the same end result of providing a vacuum for expressing milk from a breast.
In regards to claim 5, in the modified device of Felber et al, Felber et al teaches wherein the current flowing through the coil in a second direction changes the magnetic field (paragraph [0052]: If an alternating electric current flows through the coil 921, the electromagnetic field changes); however, Felber et al does not teach to push the magnet and the piston out of the coil, as Felber et al instead teaches wherein the current flowing through the coil in a second direction changes the magnetic field to push the coil and the piston or the diaphragm out of the magnet (paragraph [0052]: If an alternating electric current flows through the coil 921, the electromagnetic field changes and the coil former 92 moves relative to the permanent magnet 91. The coil former 92 acts like a piston or ram and moves the vacuum diaphragm 94 cyclically back and forth. In this case, the force acting on the vacuum diaphragm 94 is proportional to a current applied to the coil)(Figure 1, arrow to the left). But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the magnetic field, of the modified device of Felber et al, to push the magnet and the piston out of the coil, as an obvious matter of design choice alternatives, as either the magnetic field to push the coil and the piston or the diaphragm out of the magnet, as taught by Felber et al, or the magnetic field to push the magnet and the piston out of the coil, as taught by Applicant, will arrive at the same end result of removing the air to the environment.
In regards to claim 14, Felber et al teaches wherein a current flowing through the coil in a first direction generates a magnetic field (paragraph [0052]: If an alternating electric current flows through the coil 921, the electromagnetic field changes); however, Felber et al does not teach wherein the magnetic field pushes the magnet and the piston or the diaphragm into the coil, as Felber et al instead teaches wherein the magnetic field pulls the coil and the piston or the diaphragm into the magnet (paragraph [0052]: the coil former 92 moves relative to the permanent magnet 91. The coil former 92 acts like a piston or ram and moves the vacuum diaphragm 94 cyclically back and forth. In this case, the force acting on the vacuum diaphragm 94 is proportional to a current applied to the coil)(Figure 1, arrow to the right). But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the magnetic field, of the method of Felber et al, to push the magnet and the piston or the diaphragm into the coil, as an obvious matter of design choice alternatives, as either the magnetic field pulling the coil and the piston or the diaphragm into the magnet, as taught by Felber et al, or the magnetic field pushing the magnet and the piston or the diaphragm into the coil, as taught by Applicant, will arrive at the same end result of providing a vacuum for expressing milk from a breast.
In regards to claim 15, in the modified method of Felber et al, Felber et al teaches wherein the current flowing through the coil in a second direction changes the magnetic field (paragraph [0052]: If an alternating electric current flows through the coil 921, the electromagnetic field changes); however, Felber et al does not teach to push the magnet and the piston or the diaphragm out of the coil, as Felber et al instead teaches wherein the current flowing through the coil in a second direction changes the magnetic field to push the coil and the piston or the diaphragm out of the magnet (paragraph [0052]: If an alternating electric current flows through the coil 921, the electromagnetic field changes and the coil former 92 moves relative to the permanent magnet 91. The coil former 92 acts like a piston or ram and moves the vacuum diaphragm 94 cyclically back and forth. In this case, the force acting on the vacuum diaphragm 94 is proportional to a current applied to the coil)(Figure 1, arrow to the left). But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the magnetic field, of the modified method of Felber et al, to push the magnet and the piston or the diaphragm out of the coil, as an obvious matter of design choice alternatives, as either the magnetic field to push the coil and the piston or the diaphragm out of the magnet, as taught by Felber et al, or the magnetic field to push the magnet and the piston or the diaphragm out of the coil, as taught by Applicant, will arrive at the same end result of removing the air to the environment.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Felber et al, as applied to claim 7 above, and further in view of Kang et al (TW 201731535).
In regards to claim 8, Felber et al is silent about wherein the air flowing through the first port creates vibratory waveform to the breast pumping cycle. Kang et al teaches a vacuum motor device (Figure 3) wherein air flowing through a first port creates vibratory waveform to a breast pumping cycle (the air pump is generated by the vibration to generate airflow vibration, and the vibration wave is transmitted to the bra through the diameter of the air pipeline)(the motor module 150 of the electric breast pump 100 includes a vibration generating air pump 151 and a motor 152 capable of generating airflow vibration. Motor 152 is pneumatically coupled or communicated to bras 141 and 142 via air line 143 and shock generating air pump 151. Compared with the prior art, when the vibration generating air pump 151 inside the electric breast pump 100 of the present invention operates, the airflow vibration is caused by the uneven airflow, and the shock wave is connected by the bras 141 and 142 and the motor module 150). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the air flowing through the first port, of the device of Felber et al, to create vibratory waveform to the breast pumping cycle, as taught by Kang et al, as such will perform vibration massage on the breast, and the vibration of the breast can be used to smooth the blocked breasts.
In regards to claim 9, in the modified device of Felber et al and Kang et al, Felber et al is silent about wherein the vibratory waveform is controllable by the user. Kang et al teaches wherein the vibratory waveform is controllable by the user (the air pump is generated by the vibration to generate airflow vibration, and the vibration wave is transmitted to the bra through the diameter of the air pipeline)(The stimulation massage mode… the motor module 150 of the electric breast pump 100 includes a vibration generating air pump 151 and a motor 152 capable of generating airflow vibration. Motor 152 is pneumatically coupled or communicated to bras 141 and 142 via air line 143 and shock generating air pump 151. Compared with the prior art, when the vibration generating air pump 151 inside the electric breast pump 100 of the present invention operates, the airflow vibration is caused by the uneven airflow, and the shock wave is connected by the bras 141 and 142 and the motor module 150)(The parameter selector 120 is coupled to the controller 160 for the user to select a mode of operation, and the controller 160 receives the signal transmitted by the parameter selector 120 to control the motor module 150). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the vibratory waveform, of the modified device of Felber et al and Kang et al, to be controllable by the user, as taught by Kang et al, as such will perform vibration massage on the breast, and the vibration of the breast can be used to smooth the blocked breasts.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Felber et al and Kang et al, as applied to claim 9 above, and further in view of Makower et al (US 9,539,376).
In regards to claim 10, in the modified device of Felber et al and Kang et al, Felber et al and Kang et al are silent about a feedback control mechanism configured to tune the vibratory waveform. Makower et al teaches a vacuum motor device (Figures 1-4F) comprising a feedback control mechanism configured to tune vibratory waveform (column 3, lines 42-52: Certain approaches or embodiments of the system or method can involve outputting at least one of operational and/or sensed parameters, and modifying at least one operational setting based upon the operational or sensed parameters. The system or method can further perform… as a feedback loop. An operational setting can be… vibration frequency and vibration times). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device, of Felber et al and Kang et al, with a feedback control mechanism configured to tune the vibratory waveform, as taught by Makower et al, as various frequencies may be activated for different modes applied to achieve different ones (or combinations of) these effects, wherein relatively slower vibrational frequencies may be more attuned to bulk mechanical movement, while higher frequencies may actually hit resonant frequencies with smaller structures like the milk ducts, and wherein different structures within the breast can be targeted based on frequency and amplitude of the vibrational forces applied (column 37, lines 42-50).
Conclusion
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/SHEFALI D PATEL/Primary Examiner, Art Unit 3783