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 .
Acknowledgments
In the reply, filed on October 27, 2023, Applicant amended claims 1-15.
Currently, claims 1-15 are under examination.
Specification
The abstract of the disclosure is objected to because:
In line 8, “a breast pump” should be changed to “the breast pump”
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1-10, 12, and 14-15 are objected to because of the following informalities:
In regards to claim 1, line 1, “a bra (B)” should be changed to “a bra”.
In regards to claim 1, line 9, “a media separation element” should be changed to “the media separation element”.
In regards to claim 2, line 1, “The breast pump” should be changed to “A breast pump”.
In regards to claim 2, lines 1-2, “a bra (B)” should be changed to “a bra”.
In regards to claim 2, line 8, “a valve (204)” should be changed to “a valve”.
In regards to claim 3, lines 2-3, “an outer shell element” should be changed to “the outer shell element”.
In regards to claim 3, line 3, “a breast shield element” should be changed to “the breast shield element”.
In regards to claim 4, line 2, “a membrane” should be changed to “the membrane”.
In regards to claim 5, line 2, “an outer shell element” should be changed to “the outer shell element”.
In regards to claim 5, line 3, “a breast shield element” should be changed to “the breast shield element”.
In regards to claim 6, line 4, “which second section” should be changed to “wherein the second section”.
In regards to claim 6, line 5, “the user” should be changed to “a user”.
In regards to claim 7, line 4, “which flange section” should be changed to “wherein the flange section”.
In regards to claim 7, line 5, “the breast” should be changed to “a breast”.
In regards to claim 8, line 3, “an outer shell element” should be changed to “the outer shell element”.
In regards to claim 8, line 3, “a breast shield element” should be changed to “the breast shield element”.
In regards to claim 9, line 2, “the three components” should be changed to “the only three components”.
In regards to claim 10, line 2, “a media separation element” should be changed to “the media separation element”.
In regards to claim 10, lines 2-3, “a breast shield element” should be changed to “the breast shield element”.
In regards to claim 10, line 3, “a working fluid chamber” should be changed to “the working fluid chamber”.
In regards to claim 10, line 4, “a vacuum source” should be changed to “the vacuum source”.
In regards to claim 10, line 4, “a pumping chamber” should be changed to “the pumping chamber”.
In regards to claim 12, line 4, “which plug receptacle” should be changed to “wherein the plug receptacle”.
In regards to claim 12, line 5, “which plug receptacle” should be changed to “wherein the plug receptacle”.
In regards to claim 14, lines 2-3, “mating snapping elements one” should be changed to “mating snapping elements, one”.
In regards to claim 14, line 3, “which” should be changed to “the mating snapping elements”.
In regards to claim 14, line 4, “the other” should be changed to “the other of the mating snapping elements”.
In regards to claim 15, line 3, “the user” should be changed to “a user”.
Appropriate correction is required.
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.
Claims 1, 3, and 5-15 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.
In regards to claim 1, lines 2-3 recite “a breast shield element” and line 3 recites “a breast shield”. It is unclear whether the two recitations are the same component or different components. Claims 3 and 5-15 are rejected by virtue of being dependent upon claim 1.
In regards to claim 1, line 12 recites “the only three components”. There is insufficient antecedent basis for this limitation in the claim. Claims 3 and 5-15 are rejected by virtue of being dependent upon claim 1.
In regards to claim 6, line 3 recites “the membrane”. There is insufficient antecedent basis for this limitation in the claim.
In regards to claim 8, line 2 recites “the walls”. There is insufficient antecedent basis for this limitation in the claim.
In regards to claim 11, line 2 recites “the membrane”. There is insufficient antecedent basis for this limitation in the claim.
In regards to claim 12, lines 6-7 recite “a suction source”. Claim 12 depends upon claim 1. Claim 1, line 6 recites “a vacuum source”. It is unclear whether the two recitations are the same component or different components.
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 1-5 and 8-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (WO 2019/194418).
In regards to claim 1, Kim teaches a breast pump (Figures 1-7) shaped at least in part to fit inside a bra and comprising a housing (700/100), containing an outer shell element (700) and a breast shield element (100), a breast shield (100) including a nipple tunnel (110) adapted to receive a nipple, a media separation element (500/300/200/600) and further comprising a milk compartment (bottom portion of 700) adapted to contain a predetermined amount of expressed milk, further comprising a working fluid chamber (top portion of 700) assigned to a vacuum source and a pumping chamber (between 500 and 300) in fluid communication with the nipple tunnel, wherein the working fluid chamber and the pumping chamber are fluidly separated from each other by a media separation element (500/300/200/600), the milk compartment, the working fluid chamber and the pumping chamber constructed by the only three components, the outer shell element, the breast shield element and the media separation element (Figures 2-3).
In regards to claim 2, Kim teaches the breast pump (Figures 1-7) shaped at least in part to fit inside a bra and comprising a housing (700/100), a breast shield (100) including a nipple tunnel (110) adapted to receive a nipple and further comprising a milk compartment (bottom portion of 700) adapted to contain a predetermined amount of expressed milk, further comprising a working fluid chamber (top portion of 700) assigned to a vacuum source and a pumping chamber (between 500 and 300) in fluid communication with the nipple tunnel, wherein the working fluid chamber and the pumping chamber are fluidly separated from each other by a membrane (500), wherein a valve (600) is provided between the nipple tunnel and the milk compartment, the membrane and the valve being formed by a media separation element (500/300/200/600).
In regards to claim 3, Kim teaches wherein the media separation element is releasably arranged between an outer shell element (700) and a breast shield element (100) (Figures 2-3).
In regards to claim 4, Kim teaches wherein the media separation element comprises a membrane (500) which is releasably sandwiched between an outer shell element (700) and a breast shield element (100) on one side of the nipple tunnel and the valve, which is releasably attached to the breast shield element on the other side of the nipple tunnel (Figures 2-3).
In regards to claim 5, Kim teaches wherein the housing is defined only by an outer shell element (700) and a breast shield element (100).
In regards to claim 8, Kim teaches wherein the walls defining the milk compartment are exclusively formed by an outer shell element (700) and a breast shield element (100).
In regards to claim 9, Kim teaches a valve (600) defined by one (500/300/200/600) of the three components.
In regards to claim 10, Kim teaches wherein the outer shell element, a media separation element (500/300/200/600) and a breast shield element (100) in combination define a working fluid chamber (top portion of 700) assigned to a vacuum source, a pumping chamber (between 500 and 300) in fluid communication with the nipple tunnel and the milk compartment (Figures 2-3).
In regards to claim 11, Kim teaches wherein the media separation element defining the membrane (500) and a valve (600) is secured to an inner end of the nipple tunnel (Figures 2-3).
In regards to claim 12, Kim teaches wherein the outer shell element defines a plug receptacle (710) in communication with the working fluid chamber and exposed on an outer periphery of the breast pump, which plug receptacle is adapted to receive a plug element, which plug element is releasably connected and sealed within the plug receptacle and provided with an interface for a suction source (Figures 2-3).
In regards to claim 13, Kim teaches a sealing arrangement circumferentially sealing an interface between the outer shell element and the breast shield element (Figures 2-3 to Figure 1).
In regards to claim 14, Kim teaches a snapping connection comprising mating snapping elements one of which being formed as a unitary segment of the outer shell element (Figure 2) and the other being formed as a unitary segment of the breast shield element (Figure 3).
In regards to claim 15, Kim teaches wherein the breast shield element has a wing defining a detachment surface allowing the user to remove the breast shield element from the outer shell element (Figures 1-3).
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 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, as applied to claim 1 above, and further in view of O’Toole et al (US 2020/0139026).
In regards to claim 6, Kim teaches wherein the outer shell element has a first section covering the membrane and a second section lateral of the first section (Figures 1-3). However, Kim is silent about which second section has better transparent properties than the first section allowing the user to view the nipple tunnel through the outer shell element. O’Toole et al teaches a breast pump (Figure 1-8), which second section (3) has better transparent properties than a first section (1) allowing the user to view a nipple tunnel (9) through an outer shell element (1/3). 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 which second section, of the breast pump of Kim, to have better transparent properties than the first section, as taught by O’Toole et al, as such will show the amount of milk collected (paragraph [0129]).
In regards to claim 7, Kim teaches which flange section (of 100) surrounds the nipple tunnel and at least in part defines a contact surface for contacting the breast (Figures 1-2). However, Kim is silent about wherein the nipple tunnel is made of a material having better transparent properties than a flange section of the breast shield element. O’Toole et al teaches a breast pump (Figure 1-8) wherein a nipple tunnel (9) is made of a material having transparent properties (paragraph [0432]) and a flange section (7a) of a breast shield element (7) has transparent properties (paragraph [0436]). 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 nipple tunnel and the flange section, of the breast pump of Kim, to be made of materials having transparent properties, as taught by O’Toole et al, as such will allow the user to observe the nipple while adjusting the position of the breast shield in order to align the nipple correctly near the center of the breast shield nipple tunnel (paragraph [0181]).
However, while O’Toole teaches the entire breast shield including the nipple tunnel and the flange section being transparent (paragraph [0436]), O’Toole et al is silent about wherein the nipple tunnel has better transparent properties than the flange section. 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 nipple tunnel, of the modified breast pump of Kim and O’Toole et al, to have better transparent properties than the flange section, as an obvious matter of design choice, as either the entire breast shield including the nipple tunnel and the flange section being transparent, as taught by O’Toole et al, or the nipple tunnel having better transparent properties than the flange section, as taught by Applicant, will arrive at the same end result of allowing the user to observe the nipple while adjusting the position of the breast shield in order to align the nipple correctly near the center of the breast shield nipple tunnel.
Conclusion
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/SHEFALI D PATEL/Primary Examiner, Art Unit 3783