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 .
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.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “110” has been used to designate both bottom of elastic bowl and elastic bowl.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “123” has been used to designate both first bulging part and suction hole.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 345.
The drawings are objected to because the numbers on drawings are difficult to read.
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. 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.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4 in line 13 includes “the adjust cavity.” It is believed to be in error for - - the adjustment cavity. - -
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 5, 6, 7, 14 and 25, 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 claims 5, 14 and 25, each of these claims include a limitation defined relative to the direction of gravity. The orientation of the device is variable. Thus, the orientation of various parts relative to a direction of gravity is variable. Thus, defining orientation of device parts relative to a direction of gravity is indefinite. Examiner suggests defining orientations relative to a surface on the device, such as a bottom of the storage bin or the like.
Claims 6 and 7 depend from claim 5.
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.
(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.
Claims 1, 2, 3, 4. 5 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang (US 2021/0369927).
Regarding claim 1, Hwang teaches a breast pump (Fig. 1) comprising: a suction mechanism (Fig. 2) comprising an elastic bowl 500 and a suction assembly (300, 200), the elastic bowl having an accommodation cavity (inside of bowl) and being at least partially accommodated in the suction assembly; and a main body 810 comprising a boss 400 sealingly fitting with the accommodation cavity of the elastic bowl (Fig. 4), the boss being provided with a suction hole (hole above 410 in 400) that is in communication with the accommodation cavity to create a connected passageway 410, wherein the main body is configured to extract air through the suction hole to (¶36): decrease the accommodation cavity so that the elastic bowl contracts; and generate a negative pressure in the suction assembly (¶40), wherein there is no gap between the elastic bowl and the boss (Fig. 4 bottom of figure, boss fits in the main bowl to provide a seal).
Regarding claim 2, Hwang teaches the elastic bowl comprises a main bowl (bottom portion of 500 and a flange (curved, upper annular portion, Annotated Fig. A), wherein the main bowl is accommodated in the suction assembly (main bowl fits in 300) and forms the accommodation cavity, wherein the flange is annular and is curved and connected with the main bowl (Fig. 4), and wherein there is an annular gap between the main bowl and the flange that fits with the suction assembly (Annotated Fig. A of Fig. 4, Annular gap allows the curved flange to be mounted onto 300).
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Regarding claim 3, Hwang teaches the boss has a limiting surface (Annotated Fig. A) disposed toward a bottom of the elastic bowl, wherein, after contraction, the elastic bowl is attached to the limiting surface (bowl is pulled toward limiting surface upon contraction), and wherein the suction hole has an extraction opening (bottom of 410) on the limiting surface which is connected with the accommodation cavity (Annotated Fig. A).
Regarding claim 4, Hwang teaches the suction assembly comprises a storage bin 700, a suction cover 100 and a control valve 600, wherein the main body, the elastic bowl, the suction cover and the control valve are all disposed on the storage bin (Fig. 1); wherein an adjustment cavity (Space inside of 200, Fig, 3) is provided between the elastic bowl and the storage bin, and a storage cavity is provided between the suction cover and the storage bin Fig. 8, storage cavity is formed when 100 is mounted to 700, ¶32); and wherein when the elastic bowl contracts: the control valve is closed; the adjustment cavity is configured to generate a negative pressure; and the adjustment cavity is isolated from the storage cavity; and wherein when the elastic bowl expands: the control valve is opened; the adjust cavity is configured to substantially eliminate the negative pressure; and the adjustment cavity is in fluid communication with the storage cavity (¶41, ¶42, ¶43).
Regarding claim 5, Hwang teaches the storage bin comprises a flow nozzle 210, wherein when the breast pump is in a working state: an angle between an axial direction of the flow nozzle and a direction of gravity is 80 to 90; and the control valve is sleeved on the flow nozzle (The device can be rotated such that angle is between 80 and 90 degrees relative to the direction of gravity. Any angle value is possible depending on how the device is rotated.).
Regarding claim 10, it recites comprising at least one of: the storage bin that is integrally formed; and the suction assembly that further comprises a plug, wherein: the suction cover is provided with a liquid outlet hole that is in fluid communication with the storage cavity; and the plug fits with the liquid outlet hole. Hwang teaches a storage bin that is integrally formed (Figs. 2and 3).
Claim Rejections - 35 USC § 103
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.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 2021/0369927) in view of Rousso (US 2006/0148380).
Regarding claim 8, Hwang teaches the invention of claim 4, as discussed above. Hwang teaches suction cover comprising a hard over 100 and is snap connected with the storage bin ( Fig. 7, ¶48).
Hwang doesn’t teach a soft cover, wherein: the soft cover is more flexible than the hard cover; the soft cover is inserted into the storage bin; and the hard cover is disposed on an edge of the soft cover.
Rousso teaches a breast milk pump (Fig. 1) with a suction cover (120, Fig. 6). The suction cover has hard parts such as 180 and a flexible membrane 140 (¶33,¶34). The flexible regions provide a stimulating, massaging action on the breast (¶34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the suction cover of Hwang have a soft cover, wherein: the soft cover is more flexible than the hard cover, as taught by Rousso, in order to provide a stimulating or massaging effect on the breast.
As modified, Hwang teaches the soft cover is inserted into the storage bin; and the hard cover is disposed on an edge of the soft cover
Regarding claim 9, Hwang in view of Rousso teaches the invention of claim 8 as discussed above, Hwang as modified claims the soft cover comprises a fitting part and a mounting part, wherein the mounting part is protrudingly disposed on the fitting part; inserted into the storage bin; and provided with a guide hole that is in fluid communication with the adjustment cavity, and wherein the fitting part abuts the storage cavity to seal the storage cavity (Figs. 1-3).
Claims 11-14, 16, 18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 2021/0369927) in view of Thommen (US 2008/0312586).
Regarding claim 11-14, 16, 17, 18, 21 and 29, Hwang doesn’t teach a heating element disposed on the suction cover and electrically connected with the main body, the heating element is embedded in the suction cover, a heating part and a conductive part connected with each other, wherein the conductive part is electrically connected with the main body, the conductive part has a columnar structure, when the breast pump is in a working state: the conductive part extends in a direction of gravity; or the conductive part extends in a direction perpendicular to the direction of gravity, and the heating part is a spiral resistance wire, the heating element comprises a heating part attached to an outer surface of the suction cover and a temperature sensor disposed on the heating element and electrically connected with the main body.
Thommen teaches a breast pump with a suction cover (40, Figs. 1-3). The breast pump has a heating element 5 disposed on the suction cover 40 and electrically connected with the main body 1, the heating element is embedded in the suction cover (¶22), a heating part 5 and a conductive part 6 connected with each other (¶22), wherein the conductive part is electrically connected with the main body (electrical line 3 to pump 1, ¶22, ¶23), the conductive part has a columnar structure (50, 51, ¶23), when the breast pump is in a working state: the conductive part extends in a direction of gravity; or the conductive part extends in a direction perpendicular to the direction of gravity (The device can be orientated in space to meet this limitation), and the heating part is a spiral resistance wire (¶22, spiral shape). A temperature sensor 8 disposed on the heating element and electrically connected with the main body (¶35). The heating element comprises a heating part attached to an outer surface of the suction cover (¶22). The heat from the heating elements has benefits for milk production (¶3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the breast pump of Hwang have a heating element disposed on the suction cover and electrically connected with the main body, the heating element is embedded in the suction cover, a heating part and a conductive part connected with each other, wherein the conductive part is electrically connected with the main body, the conductive part has a columnar structure, when the breast pump is in a working state: the conductive part extends in a direction of gravity; or the conductive part extends in a direction perpendicular to the direction of gravity, and the heating part is a spiral resistance wire, the heating element comprises a heating part attached to an outer surface of the suction cover, a temperature sensor disposed on the heating element and electrically connected with the main body, as taught by Thommen, in order to provide a breast pump that delivers heat to improve milk production.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 2021/0369927) in view of Thommen (US 2008/0312586) as applied to claim 13 above, and further in view of Hu (US 2015/0157775).
Regarding claim 17, Hwang in view of Thommen teach the invention of claim 13 as discussed above, Hwang in view of Thommen don’t teach the heating element further comprises a heat conducting sheet, and wherein: the heating part is a flexible heating sheet; and the heat conducting sheet adheres to the flexible heating sheet.
Hu teaches a breast pump with a heating element that is a flexible heating sheet (sheets, 13, Fig. 1, ¶12). The sheets better distribute the heat as compared to wires as the sheets have a wider surface area than wires.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the breast pump of Hwang have the heating element further comprises a heat conducting sheet, and wherein: the heating part is a flexible heating sheet; and the heat conducting sheet adheres to the flexible heating sheet, as taught by Hu, in order to better distribute the heat from the heating elements.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 2021/0369927) in view of Reed (US 12, 427, 232).
Regarding claim 22, Hwang teaches the invention discussed above for claim 4. Hwang doesn’t teach a heating element disposed on at least one of the storage bin and the main body, wherein the heating element is electrically connected with the main body.
Reed teaches a breast pump with a heating element heating element disposed on the main body, wherein the heating element is electrically connected with the main body (64, Figs. 12 and 14, Col. 7:21-8:24). The heating elements improve milk production (Col. 8:1-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the breast pump of Hwang in view of Thommen have a heating element disposed on at least one of the storage bin and the main body, wherein the heating element is electrically connected with the main body, as taught by Reed, in order to improve milk production.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 2021/0369927) in view of Reed (US 12, 427, 232) as applied to claim 22 above, and further in view of Thommen (US 2008/0312586).
Regarding claim 29, Hwang in view of Reed teaches the invention of claim 22 as discussed above. Hwang in view of Reed doesn’t teach the heating element is embedded in the storage bin or the main body by in-mold injection molding.
Thommen teaches a breast pump with heating elements. The heating elements are formed using injection molding (¶34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the breast pump of Hwang in view of Reed the heating element is embedded in the storage bin or the main body by in-mold injection molding, as taught by Thommen, in order allow the part to be formed.
Allowable Subject Matter
Claims 15, 19, 20, 23, 24, 26, 27 and 28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 6, 7 and 25 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID OLYNICK whose telephone number is (571)272-2355. The examiner can normally be reached M-F: 7:30 am-5 pm (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phuttiwat Wongwian can be reached at (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID P. OLYNICK/Primary Examiner, Art Unit 3741
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