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) 9-11, and dependents, 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.
Regarding Claim 9, Applicant recites the limitation “the rear assembly comprises a diaphragm… during fitting of the diaphragm to the breast shield…” which is dependent upon Claim 1, which recites “a diaphragm formed of a flexible membrane…” However, this limitation creates confusion as to which “diaphragm” the “during fitting” limitation modifies as two separate “a diaphragm”(s) have been introduced (a first in Claim 1 and a second in Claim 2).
Regarding Claims 10 and 11, like Claim 9 above, the instant claim creates confusion as to which “diaphragm” the claim references (i.e. the diaphragm first introduced in Claim 1 or that first introduced in Claim 9).
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.
Claim(s) 1, 2, 3, 5, 7, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2014/0121593 (“Felber”).
Regarding Claims 1 and 14, Felber discloses a milk collection assembly, comprising:
a rear assembly (Fig. 2) for fitting over the breast of a user (see Fig. 3);
a front assembly (13, 7) for fitting to the rear assembly (see Fig. 3); and
a milk container (8);
wherein the rear assembly comprises:
a breast shield (2);
a diaphragm (3) formed of a flexible membrane and comprising a cavity having an open end for receiving a nipple of the user (see Fig. 3) and a closed end (see at 13 – Fig. 2), wherein the diaphragm fits over an opening in the breast shield (see Fig. 3); and
a frame (1);
wherein the front assembly comprises a cover (13) for fitting over the diaphragm (see Fig. 2) to define a sealed space (sealed via one-way valve 4) between them, and the front assembly is for releasable coupling to the frame, wherein the frame comprises a release element (16) which projects along a channel (see the underside of 14) in the front assembly, thereby to define a release actuator (14) at external surface of the front assembly for releasing the coupling together of the rear and front assemblies.
Regarding Claim 2, Felber discloses the open end of the diaphragm has a top (33) and bottom (34) parts which connect to the breast shield, wherein the top part is set further back from the closed end in a direction parallel to a central outward axis of the diaphragm than the bottom part (see Fig. 8).
Regarding Claim 3, Felber discloses the release actuator is at a front of the front assembly (see Fig. 3).
Regarding Claim 5, Felber discloses the milk container is for releasable coupling to the frame (see Fig. 3 – note the threaded connection between 7 and 8).
Regarding Claim 7, Felber discloses the rear assembly and the front assembly are coupled by a snap fit and the release actuator is for releasing the snap fit coupling (see Fig. 2).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5 and 7-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2008/0275386 (“Myers”) in view of U.S. Publication No. 2020/0139026 (“O’Toole”).
Regarding Claims 1, 3-4, 7, and 14, Myers discloses a milk collection assembly (10), comprising:
A rear assembly (inter alia 18, 19) for fitting over the breast of a user (see Fig. 1);
A front assembly (16) for fitting to the rear assembly (see Fig. 1); and
A milk container (28),
wherein the rear assembly comprises:
a breast shield (19);
a diaphragm (18) formed of a flexible membrane (Par. 56) and comprising a cavity (see Fig. 9A) having an open end (48) for receiving a nipple of the user (Fig. 1) and a closed end (36), wherein the diaphragm fits over an opening in the breast shield (see Fig. 1 and 2); and
a frame (see Fig. 23 – i.e. the attachment components which allow 19 to be affixed to 16);
wherein the front assembly comprises a cover (65) for fitting over the diaphragm (see Fig. 1 – Par. 65) to define a sealed space between them, and the front assembly is for releasable coupling to the frame (see Fig. 1 and exploded in Fig. 23).
Myers discloses the invention substantially as claimed except for explicitly disclosing how the frame and the front assembly are secured together and how the components may be disassembled from one another. However, O’Toole discloses a related breast pump which likewise comprises a rear assembly/frame (7, 9) and a front assembly (1) configured to cover and house a pumping diaphragm (13), whereby the rear frame and the front assembly can be affixed together via a release element (9, 9B) which projects along a channel (9C) in the front assembly, thereby defining a release actuator for releasing the coupling together of the rear and front assemblies (Par. 106). While O’Toole describes this release assembly as taking the form a spring biased ball bearing and detent (Par. 106), O’Toole does contemplate that the release assembly can take various forms including “click” assemblies, “press action” assemblies, or a “push button” – equating it to the push button mechanism (2) provided with respect to the milk container (3 – see Par. 80, 402), wherein the push button comprises a release actuator at an external surface of the front assembly for releasing a corresponding snap-fit coupling internal to the channel of the front assembly (Par. 80, 97). As such, it would have been obvious for one having ordinary skill in the art at the time the invention was made to provide a push button release actuator provided through a channel on the front assembly of the invention of Myers and communicating through a channel with a corresponding release element provided on the frame, as disclosed by O’Toole, in order to allow a user to easily disassemble the front and rear components for servicing of the assembly.
Regarding Claim 2, Myers discloses the open end of the diaphragm has a top and bottom parts (see Fig. 9A) which connect to the breast shield (Fig. 1), wherein the top part is set further back from the closed end in a direction parallel to a central outward axis of the diaphragm than the bottom part (i.e. the bottom part includes the outlet 24 which project further inward toward the central axis).
Regarding Claim 5, Myers discloses the milk container is for releasable coupling to the frame (see Fig. 1 and 23).
Regarding Claim 8, Myers discloses the frame defines a rim (see Fig. 23) for engaging with an opening of the milk container (see Fig. 1), with a rim opening formed internally of the rim (see Fig. 23).
Regarding Claim 9, Myers discloses the rear assembly comprises a diaphragm having a valve closure element (24, 20) for forming part of a valve, the valve closure element being for passing through the rim opening during fitting of the diaphragm to the breast shield (see Fig. 1).
Regarding Claim 10, Myers discloses that the valve closure element is for controlling a flow path to the milk container through a first part of the rim opening (See Fig. 1) and the diaphragm further comprises a lid (i.e. the duck-bill valve element) for sealing a second part of the rim opening (see Fig. 1).
Regarding Claim 11, Myers discloses the frame comprises a valve seat for supporting the valve closure element of the diaphragm to form the valve, with the valve closure element at the container side of the valve seat (see Fig. 1).
Regarding Claim 12, Myers discloses the milk collection assembly to be provided as part of a breast pump wherein the front assembly (210) comprises a breast pump actuator (56).
Regarding Claim 13, Myers discloses the front assembly comprises: a power source (52), pump (50) and controller (Par. 49); and a front cover (16).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2008/0275386 (“Myers”) in view of U.S. Publication No. 2020/0139026 (“O’Toole”) as applied above, and further in view of WO 2016/131677 (“Rigert”).
Regarding Claim 6, Myers, as modified, discloses the invention substantially as claimed except that that the rear assembly and the front assembly are joined together via respective top hinge components to permit coupling at the top in an open configuration and rotation relative to each other into a closed configuration. However, Rigert discloses a related breast pump assembly comprising front and rear housing assemblies (20, 24) which are joined together via a top hinge component assembly (240) in order to allow the two components to be selectively pivoted between closed (Fig. 1) and open (Fig. 2) configurations to permit assembly and servicing of the pump. It would have been obvious for one having ordinary skill in the art at the time the invention was made to join the front and rear assemblies of Myers together using a top hinge, as disclosed by Rigert, in order to allow the front and rear assemblies to be opened for servicing the interior components of the invention without completely separating the two housing halves thereby ensuring that neither component becomes misplaced.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R CARPENTER whose telephone number is (571)270-3637. The examiner can normally be reached Mon. to Thus. - 7:00AM to 5:00PM (EST/EDT).
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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 CARPENTER/Primary Examiner, Art Unit 3783 02/11/2026