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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 2, 7 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the expression cycle" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "valve" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 is rejected by virtue of depending on claim 8.
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.
(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.
Claim(s) 1-6, 9-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Makower et al. (WO 2016/014469).
Regarding claim 1, Makower discloses
A breast pump (100, figs. 1-7, 11, 60-61 and pars. 00135-00162, 00174-00177, 00232, 00260-00261) comprising:
an expression system (10, fig. 2) for expressing milk (see pars. 00135-00137);
a drive arrangement (30, fig. 3) for controlling the expression process by applying and releasing pressure (see figs. 4-5 and pars. 00138-00143); and
a controller (52) for controlling the drive arrangement (30, fig. 3 and par. 00143), wherein the controller (52) is adapted to control the drive arrangement (30) thereby to generate an audible and/or tactile feedback signal to a user of the breast pump based on the application and/or release of pressure (see par. 00162 for vibration feedback, see also par. 00176 for vibration of the system or automatic shutoff of the system).
Regarding claim 2, Makower discloses
The breast pump of claim 1, wherein the controller (52) is adapted to generate respective feedback signal for one or more of the following indications: a user has pressed an input button of the breast pump; a battery of the breast pump is at or approaching depletion; a milk container of the breast pump is full; a remaining time for the expression cycle or other time indication; an expression cycle has ended; a state of readiness; a malfunction; or a leak detection (see pars. 00176 and 00177).
Regarding claim 3, Makower discloses
The breast pump of claim 1, wherein the expression system (10) comprises a vacuum chamber (chamber of 10, see fig. 2) and a pump arrangement (36/38), and the drive arrangement (30, fig. 3) is for driving the pump arrangement (36/38) to control an under-pressure in the vacuum chamber (see figs. 1, 4-5 and par. 00146).
Regarding claim 4, Makower discloses
The breast pump of claim 3, wherein the expression system (10) comprises a valve (par. 00232) for releasing the under-pressure from the vacuum chamber (chamber of 10) and the drive arrangement (30) is for controlling the valve (see par. 00232).
Regarding claim 5, Makower discloses
The breast pump of claim 4, wherein the controller (52) is adapted to generate a cyclic pressure waveform in use of the breast pump, and the controller is adapted to generate a different pressure waveform thereby to implement an audible and/or tactile feedback signal (see par. 00176).
Regarding claim 6, Makower discloses
The breast pump of claim 4, wherein the controller (52) is adapted to generate at least one feedback signal by: operating the pump arrangement with the valve open; or opening the valve without an under-pressure in the chamber (see par. 00232).
Regarding claim 9, Makower discloses
The breast pump of claim 1, wherein the controller (52) is adapted to generate at least one feedback signal by providing a pause in the control of the drive arrangement (see par. 00176).
Regarding claim 10, Makower discloses
The breast pump of claim 1, further comprising a milk collection vessel (60) and wherein the breast pump comprises a wearable breast pump (see fig. 1 and par. 00161).
Regarding claim 11, Makower discloses
A method of operating a breast pump (100) for non-therapeutic expression of milk (see figs. 1-7, 11, 60-61 and pars. 00135-00162, 00174-00177, 00232, 00260-00261), the breast pump (100) comprising an expression system (10, fig. 2) for expressing milk (see pars. 00135-00137) and a drive arrangement (30, fig. 3) for controlling the expression process by applying and releasing pressure (see figs. 4-5 and pars. 00138-00143), wherein the method comprises:
controlling the driver arrangement (30, fig. 3) to generate an audible and/or tactile feedback signal to a user of the breast pump based on the application and/or release of pressure (see par. 00162 for vibration feedback, see also par. 00176 for vibration of the system or automatic shutoff of the system).
Regarding claim 12, Makower discloses
The method of claim 11, comprising generating a respective feedback signal for one or more of the following indications: a user has pressed an input button of the breast pump; a battery of the breast pump is at or approaching depletion; a milk container of the breast pump is full; a remaining time for the expression cycle or other time indication; an expression cycle has ended; a state of readiness; a malfunction; or a leak detection (see pars. 00176 and 00177).
Regarding claim 13, Makower discloses
The method claim 11, wherein the expression system (10, fig. 2) comprises a vacuum chamber (chamber of 10), a pump arrangement (36/38) and a valve (par. 00232) for releasing the under-pressure from the vacuum chamber and the drive arrangement is for controlling the pump arrangement and valve (see figs. 1, 4-5, and pars. 00146 and 00232).
Regarding claim 14, Makower discloses
The method of claim 13, comprising generating at least one feedback signal by: operating the pump arrangement with the valve open; opening the valve without an under-pressure in the chamber; providing a pause in the control of the drive arrangement; or generating a sequence of pulses of operation of the pump arrangement and/or valve (see par. 00232).
Regarding claim 15, Makower discloses
A computer program comprising computer program code means which is adapted, when said program is run on a processor, to implement the method of claim 11 (see pars. 00146 and also 00135-00162, 00174-00177, 00232, 00260-002610).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 form.
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/DUNG T ULSH/Examiner, Art Unit 3783