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 .
Information Disclosure Statement
The information disclosure statement(s) filed on the record are in compliance with the content requirements of 37 CFR 1.97 and 37 CFR 1.98 and have been considered.
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 21 is 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 21 is rejected for reciting "method comprises moving an anterior portion of the movable member away from the breast and moving a posterior portion of the movable member towards the breast in response to generation of negative pressure at the breast interface." This limitation is unclear in light of claim 1, which recites applying anterior compression to an anterior portion of the breast with a movable member of the flange. It appears that in Applicant's invention, anterior compression is applied when negative pressure is applied, so it is not clear how the movable member can also move away from the breast under the same negative pressure.
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.
Claims 20 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grant et al (EP 0198469 B1, hereinafter "Grant").
Regarding claim 20, Grant discloses a method for expression of breast milk from a breast (see Fig. 6), the method comprising:
providing a breast milk expression device comprising a breast interface (flange 40; see Fig. 6) and an actuatable assembly (such as a pump 12 capable of applying negative pressure through a line 22; the pump 12 is consistent with the broadest reasonable interpretation of "actuatable assembly", as reflected in para [0068] of the instant specification describing a pump mechanism as a type of actuatable assembly) operably coupled thereto;
engaging the breast within a flange of the breast interface (see Fig. 6);
actuating the actuatable assembly to generate negative pressure at the breast interface (i.e., applying negative pressure by use of the pump 12);
applying anterior compression to an anterior portion of the breast with a movable member of the flange (anterior portion 38 of a movable member moves inwardly as indicated by arrows 88 when negative pressure is applied by the pump 12; see Figs. 6 and 7); and
applying posterior compression to a posterior portion of the breast with the movable member of the flange by moving the movable member in response to the anterior compression of the breast against the movable member (posterior portion 32 of the movable member has a maximum thickness [42] and anterior portion 38 has a minimum thickness [44], so vacuum force is first transferred to the minimum thickness 44 to compress the breast at the anterior portion 38, and then additional vacuum force is transferred to the maximum thickness 42 in the posterior direction).
Regarding claim 24, Grant teaches that the movable member is configured to apply the anterior compression and the posterior compression in a temporally coupled manner, such that, when the negative pressure is applied at the breast interface, the anterior compression is applied first and the posterior compression is applied second (the posterior portion 32 has a maximum thickness [42] and anterior portion 38 has a minimum thickness [44], so vacuum force is first transferred to the minimum thickness 44 to compress the breast at the anterior portion 38, and then additional vacuum force is transferred to the maximum thickness 42 in the posterior direction).
Claims 20 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Silver et al (U.S. Pub. 2011/0071466 A1, hereinafter "Silver").
Regarding claim 20, Silver discloses a method for expression of breast milk from a breast, the method comprising:
providing a breast milk expression device comprising a breast interface 114 (see Fig. 14) and an actuatable assembly 120 (see Figs. 14-15A) operably coupled thereto;
engaging the breast within a flange of the breast interface (see Figs. 14-15);
actuating the actuatable assembly to generate negative pressure at the breast interface (axial force is applied in directions 134/136, as shown in Figs. 14 and 15A);
applying anterior compression to an anterior portion of the breast with a movable member of the flange (pushing movable member 114 in the direction indicated by arrow 136, as shown in Fig. 15A, causing the anterior portion to be compressed by a portion of the flange),
applying posterior compression to a posterior portion of the breast with the movable member of the flange by moving the movable member in response to the anterior compression of the breast against the movable member (pushing movable member 114 in the opposite direction, indicated by arrow 134, causing the posterior portion 124 to be compressed).
Regarding claim 21, Silver discloses the method of claim 20, further comprising moving an anterior portion of the movable member away from the breast and moving a posterior portion of the movable member towards the breast in response to generation of negative pressure at the breast interface (i.e., the same pushing of the movable member 114 in the opposite direction, indicated by arrow 134, causing the posterior portion 124 to be compressed, as discussed above).
Regarding claim 24, Silver discloses the method as in claim 20, wherein the steps of applying the anterior compression and applying the posterior compression are temporally coupled, such that when negative pressure is generated at the breast interface, the anterior compression is applied first and the posterior compression is applied second (see temporality illustrated in Figs. 14 and 15A).
Allowable Subject Matter
Claims 22 and 23 are objected to for reciting allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT J MEDWAY whose telephone number is (571)270-3656. The examiner can normally be reached Monday through Friday, 8:30 AM to 5:00 PM.
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/SCOTT J MEDWAY/Primary Examiner, Art Unit 3783 04/24/2026
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