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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 19 September 2023. It is noted, however, that applicant has not filed a certified copy of the application as required by 37 CFR 1.55.
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) 5, 6, 10, 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 5, Applicant recites “the opening of the diaphragm…” However, the diaphragm has not been previously recited as including “an opening”. Claim 4 recites “an opening facing forward” of the diaphragm, but Claim 5 is dependent on Claim 2, not Claim 4. It is unclear if Claim 5 is intended to be dependent on Claim 4, and include all the subject matter thereof, is intended to separately introduce “an opening” to the diaphragm.
Regarding Claim 5, Applicant recites “the vent pipe resists against the bent portion”. However, the plain meaning of “resists” cannot be immediately determined. Specifically, the ordinary definition of “resist” is as a transitive verb meaning “to strive against, fight or act in…”, see Oxford University Press Online Dictionary. As illustrated (see Fig. 6) there presents a circumferential flange and insertion portion of the cover (7) which anchors the diaphragm within the mounting chamber, whereby the “vent pipe”, per se, does not appear to have any effect on securement of the diaphragm.
Regarding Claim 6, Applicant uses the term “an edge of the lower end of the sealing sleeve resists against the hook portion”. However, this limitation appears to be using a non-standard definition of “resists” such that the metes and bounds of the limitation are not immediately understood. It is unclear if “resists” requires any relationship other than contact between the two structures, whereby the disclosure does appear to support contact between the sleeve and the hook portion of the diaphragm
Regarding Claim 10, Applicant recites “a pumping housing having an accommodating, an air inlet…” There appears to be a term missing from “an accommodating” and it is unclear what noun is intended to accompany this term. Reference is made in the specification to an “accommodating chamber”, but it is unclear if this “accommodating” is intended to read “accommodating chamber”.
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) 1-3, 5, 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2024/0001009 (“Chen”) in view of U.S. Publication No. 2018/0104396 (“Park”).
Regarding Claim 1, Chen discloses a breast pumping system (Fig. 1) comprising:
a housing (100) having a lower portion (110), a front side (see the side opposite 160) and a rear side (see generally at 160);
an air pump (130) arranged inside the housing;
a milk container (210) arranged at the lower portion of the housing (see Fig. 1), having a storing chamber (220) with a rear opening (see Fig. 10);
a pipe (240) arranged inside the storing chamber of the milk container (see Fig. 6), having a front side (i.e. the closed end of 240 opposite 241), a receiving chamber (i.e. the collective interior), a top port (see the mouth of 243), a middle port (i.e. the port between 243 and 241) and a lower port (242), the top port, the middle port and the lower port communicating with the receiving chamber (see Fig. 6), the middle port facing backward (i.e. open to the rear – see Fig. 6), the lower port communicating with the storing chamber (see Fig. 6);
a diaphragm (260) arranged inside the receiving chamber of the pipe and located between the top port and the middle port (see Fig. 6);
a shield (230) having a passage facing backward for receiving a nipple (see Fig. 6), the passage communicating with the middle port of the pipe (see Fig. 6), the shield covering the rear opening of the milk container (see Fig. 6);
a cover (b) arranged located at the top port of the pipe (see Fig. 6 and 7), an air chamber being defined between the cover and the diaphragm (see Fig. 6), the cover having a vent pipe (211) communicating with the air chamber and the air pump;
wherein, the diaphragm is at least partially distortable in shape and is capable of isolating air from the vent pipe from milk inside the receiving chamber of the pipe; when the air pump acts on the air chamber through the vent pipe, the diaphragm is distorted so as to form a negative pressure inside the receiving chamber of the pipe, accordingly the milk from the passage flows into the storing chamber of the milk container after passing through the receiving chamber and the lower port successively (Par. 38-39).
Chen discloses the invention substantially as claimed except that that the cover is inside the storing chamber, rather Chen discloses the cover to be an integral part of the milk container (see Fig. 6). However, Park discloses a related breast pump which likewise has a cover (400) with a vent pipe (410) for sealing a diaphragm (500) on a receiving chamber of a pipe (300), wherein the cover (400) is provided as a separate element from the milk container (700) such that when assembled the cover is in the storing chamber (see Fig. 7). It would have been obvious for one having ordinary skill in the art at the time the invention was made to construct the milk container and cover of the invention of Chen as two separate parts with the cover being received within the storing chamber, as disclosed by Park, since it has been held that constructing a formerly integral structure as a plurality of separable parts is obvious, requiring only routine and customary skill in the art, see In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). Considerations as to why the ordinary artisan may have been compelled to make such a modification include, but are not limited to, ease of manufacturing, allowing replacement of worn or damaged parts, ease of assembly/disassembly…etc.
Regarding Claim 2, Chen, as modified by Park, discloses the cover is detachably sealed to the diaphragm (see Chen as modified by Park above to include a separate cover element distinctive from the milk container.
Regarding Claim 3, Chen, as modified by Park, discloses the cover (modified by Park to comprise a separate element) has a plug connection (see generally Fig. 6 – Chen).
Regarding Claim 5, Chen discloses an opening of the diaphragm has an edge which extends out of the pipe forming a bent portion surrounding a front side of the pipe (see Fig. 6 – i.e. since the top port is shown at an angle it creates both a top and front side of the device corresponding to the x and y components of the angle);
the vent pipe resists against the bent portion of the diaphragm when vertically disposed (see generally Fig. 6 – i.e. the vent pipe as part of an integral part of the cover helps hold the diaphragm in place within the top port);
the cover has an insertion portion (see Fig. 6 – modified in view of Park such that the cover is a separate element within the milk container) extending backward from a bottom of the vent pipe, the insertion portion is inserted into the opening of the diaphragm, so that the air chamber is enclosed by the cover and the diaphragm (see Fig. 6);
the diaphragm further has a hook portion (i.e. the flange) extending backward from the bent portion, and the hook potion clamps to the periphery of the pipe (see Fig. 6).
Regarding Claim 7, Chen, as modified by Park, discloses an upper wall of the storing chamber of the milk container extends upward forming a positioning portion (see Fig. 4 – Chen, i.e. at 213, 212 with consideration as to modifications in view of Park, see also Park at Fig. 1 – circa 410) a bottom (110) of the housing has a recess being sleeved on a periphery of the positioning portion (see Fig. 5 and Fig. 1, i.e. the milk container housing defines cooperative male geometry which is received within corresponding female geometry on the underside of the housing); the mounting chamber of the pipe is located inside the storing chamber in the space defined by the positioning portion (see Fig. 6 – Chen).
Regarding Claim 8, Chen discloses the pipe is an integral piece (see Fig. 4, 6 – note the crosshatching), and the passage of the shield is inserted hermetically into the middle port of the pipe (see Fig. 6).
Regarding Claim 9, Chen discloses the milk container has a front side and a rear side (see Fig. 6), the rear side of the milk container extends upward to form a mounting plate (see generally Fig. 7) located on the rear side of the housing (see from 211 to 212), and the shield is removably and hermetically connected to the mounting plate and the opening of the milk container (see Fig. 8).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2024/0001009 (“Chen”) in view of U.S. Publication No. 2018/0104396 (“Park”) as applied above, and further in view of CN 116378927 (“Xiang”).
Regarding Claim 10, Chen discloses the invention substantially as claimed except that that the air pump comprises, inter alia, an eccentric wheel and ball arrangement. However, such a pump is known to the art. For example, Xiang discloses an air pump for a breast pump comprising an air pumping housing (1) having and accommodating an air inlet (11), an air outlet (not labeled – see Fig. 2 – note the flow of air), and a pressure relief port (circa 5 – see air flow Fig. 3);
a motor (3) located outside the pumping housing;
a one-way valve (re: the “air valve sheet”)
an eccentric wheel (4); and
a ball (5);
wherein, the air inlet, the air outlet and the pressure relief port communicate with the pumping housing, respectively, and are arranged at regular intervals (see Fig. 2), the air inlet communicates with a vent pipe (not shown, i.e. the unshown portions connected to 11);
the one-way valve is arranged at the air outlet and used to unidirectionally discharge air in the accommodating chamber outside of the pumping housing (see Fig. 2);
the eccentric wheel is arranged in the pumping housing and is in transmission connection to the motor and the one-way valve (see Fig. 3), respectively;
the ball is movable along the eccentric wheel and used to block or open the pressure relief port (see Fig. 2);
when the one-way valve discharges air unidirectionally, the ball blocks the pressure relief port under a centrifugal force of the eccentric wheel, and air in the air chamber of the diaphragm flows into the accommodating chamber through the air inlet; and
when the one-way valve does not discharge air, the ball opens the pressure relief port, and air outside of the pumping housing enters the accommodating chamber through the pressure relief port, so that the air pressure in the accommodating chamber is restored to an initial state and the air pressure in the air chamber of the diaphragm is restored to an initial state (see Specific Implementation Examples). It would have been obvious for one having ordinary skill in the art at the time the invention was made to replace the generic air pump of the invention of Chen with an eccentric wheel and ball type pump, as disclosed by Xiang, in order to create intermittent suction relief during application to avoid continuous suction and create a cyclic pumping action that better resembles infant suckling (see Background).
Claim(s) 1-3, 5, 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2018/0008758 (“Garbez”) in view of U.S. Publication No. 2018/0104396 (“Park”) and CN 116650742 (“Chen 2”)
Regarding Claim 1, Garbez discloses a breast pumping system, comprising:
a milk container (32), having a storing chamber (33) with a rear opening (see Fig. 3);
a pipe (42) arranged inside the storing chamber of the milk container, having a front side (see the forward facing side, 50), a receiving chamber (i.e. the collective interior space), a top port (88), a middle port (i.e. the mouth of 46) and a lower port (62), the top port, the middle port and the lower port communicating with the receiving chamber (see Fig. 3), the middle port facing backward (i.e. a rear facing opening), the lower port communicating with the storing chamber (see Fig. 4);
a diaphragm (78) arranged inside the receiving chamber of the pipe and located between the top port and the middle port (see Fig. 4);
a shield (18) having a passage facing backward for receiving a nipple (see Fig. 4), the passage communicating with the middle port of the pipe, the shield covering the rear opening of the milk container (see Fig. 4);
a cover (see generally 84) located at the top port of the pipe, an air chamber being defined between the cover and the diaphragm, the cover having a vent pipe (22) communicating with the air chamber and an air pump;
wherein, the diaphragm is at least partially distortable in shape and is capable of isolating air from the vent pipe from milk inside the receiving chamber of the pipe; when the air pump acts on the air chamber through the vent pipe, the diaphragm is distorted so as to form a negative pressure inside the receiving chamber of the pipe, accordingly the milk from the passage flows into the storing chamber of the milk container after passing through the receiving chamber and the lower port successively (Par. 43).
Garbez discloses the invention substantially as claimed except that that the device comprises a separate cover arranged inside the storing chamber, rather Garbez discloses the cover to be part of the shield of the unit, not a separate and distinct unit.
However, Park discloses a related breast pump which likewise has a cover (400) with a vent pipe (410) for sealing a diaphragm (500) on a receiving chamber of a pipe (300), wherein the cover (400) is provided as a separate element from the milk container (700) such that when assembled the cover is in the storing chamber (see Fig. 7). It would have been obvious for one having ordinary skill in the art at the time the invention was made to construct the milk container and cover of the invention of Garbez as two separate parts with the cover being received within the storing chamber, as disclosed by Park, since it has been held that constructing a formerly integral structure as a plurality of separable parts is obvious, requiring only routine and customary skill in the art, see In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). Considerations as to why the ordinary artisan may have been compelled to make such a modification include, but are not limited to, ease of manufacturing, allowing replacement of worn or damaged parts, ease of assembly/disassembly…etc.
Garbez discloses the invention substantially as claimed except that device comprises a housing having an air pump arranged therein with the milk container arranged at the lower portion of the housing. However, Chen discloses a related breast pumping system (Fig. 1) comprising a milk container having a vent pipe (115) associated therewith (see Fig. 1) with a housing (12) having a lower portion arranged to mate with the milk container at the vent pipe (see Fig. 1 and 3), a front side and a rear side (see Fig. 3), an air pump (41) being arranged inside the housing so as to integrate the air pump with the remainder of the assembly to create a unitary, compact unit. It would have been obvious for one having ordinary skill in the art at the time the invention was made to integrate an air pump with the milk container via a lower end corresponding to a mounting surface of the milk container with communication between the air pump and the air cavity being provided through the vent pipe, as disclosed by Chen, in order to create a unitary, compact device which can be used to express breast milk without needing a separate external air pump.
Regarding Claim 2, Garbez, as modified by Park to provide a separate and distinct cover, discloses the cover is detachably sealed to the diaphragm (see generally Fig. 4).
Regarding Claim 3, Garbez, as modified by Park to provide a separate cover, discloses the cover has a plug-in connection to the diaphragm (see Garbez – Fig. 4; Park, Fig. 7).
Regarding Claim 5, Garbez discloses the opening of the diaphragm has an edge (90) which extends out of the pipe forming a bent portion surrounding the front side of the pipe (see Fig. 4); the vent pipe as part of the cover (made separate in view of Park) resists against the bent portion of the diaphragm when vertically disposed (see generally Fig. 4, Garbez); the cover has an insertion portion (84) extending backward from a bottom of the vent pipe, the insertion portion is inserted into the opening of the diaphragm, so that the air chamber is enclosed by the cover and the diaphragm (see Fig. 4); the diaphragm further has a hook portion extending backward from the bent portion, and the hook potion clamps to the periphery of the pipe (see Fig. 4).
Regarding Claim 8, Garbez discloses the pipe is an integral piece, and the passage of the shield is inserted hermetically into the middle port of the pipe (see Fig. 3 and 4).
Regarding Claim 9, Garbez discloses the milk container has a front side and a rear side, the rear side of the milk container extends upward to form a mounting plate (36) located on the rear side of the housing, and the shield is removably and hermetically connected to the mounting plate and the opening of the milk container (see Fig. 3 and 4).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2018/0008758 (“Garbez”) in view of U.S. Publication No. 2018/0104396 (“Park”) and CN 116650742 (“Chen 2”) as applied above, and further in view of CN 218589446 (“Jiang”)
Regarding Claim 4, Garbez discloses a mounting chamber (76, 80) which is defined inside the receiving chamber of the pipe and between the top port and the middle port for receiving the diaphragm (see Fig. 3 and 4);
the diaphragm is removably mounted inside the mounting chamber of the pipe through the top port (see Fig. 3, 4);
A portion of the receiving chamber being located between the mounting chamber and the middle port extends vertically and is opposite to a bottom wall of the diaphragm (see Fig. 4).
Garbez discloses the invention substantially as claimed except that that the top port of the pipe faces the housing on the front side of the pipe and that the diaphragm is cuboidal in shape with two opposite rounded faces and has an opening facing forward and a rounded cap opposite the opening. However, Jiang discloses a related breast pump assembly wherein a top port of a corresponding pipe (3) faces an air pump housing (1) on a front side (instead of the rear side as in Garbez), with the diaphragm being cuboidal in shape with two opposite rounded faces and has an opening facing forward and a rounded cap opposite the opening (see Fig. 1 and 8). It would have been obvious for one having ordinary skill in the art at the time the invention was made to alter the shape of the diaphragm of Garbez to be a cuboidal shape, as disclosed by Jian, whereby such a change in shape constitutes a mere obvious design choice for achieving a predictable and expected outcome and is particularly known to the art to be useful for creating suction in a breast pump, a change in shape being generally obvious and requiring only routine and customary skill in the art, see In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
It would have been obvious for one having ordinary skill in the art at the time the invention was made to change the orientation of the top port and diaphragm in modified Garbez such that it faces the front side with the air pump housing arranged forward of the diaphragm/top port, as disclosed by Jiang, whereby it has been held that such a rearrangement of the components of an invention is obvious, requiring only routine and customary skill in the art, see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2018/0008758 (“Garbez”) in view of U.S. Publication No. 2018/0104396 (“Park”) and CN 116650742 (“Chen 2”) as applied above, and further in view of CN 116378927 (“Xiang”)
Regarding Claim 10, Garbez discloses the invention substantially as claimed except that that the air pump comprises, inter alia, an eccentric wheel and ball arrangement. However, such a pump is known to the art. For example, Xiang discloses an air pump for a breast pump comprising an air pumping housing (1) having and accommodating an air inlet (11), an air outlet (not labeled – see Fig. 2 – note the flow of air), and a pressure relief port (circa 5 – see air flow Fig. 3);
a motor (3) located outside the pumping housing;
a one-way valve (re: the “air valve sheet”)
an eccentric wheel (4); and
a ball (5);
wherein, the air inlet, the air outlet and the pressure relief port communicate with the pumping housing, respectively, and are arranged at regular intervals (see Fig. 2), the air inlet communicates with a vent pipe (not shown, i.e. the unshown portions connected to 11);
the one-way valve is arranged at the air outlet and used to unidirectionally discharge air in the accommodating chamber outside of the pumping housing (see Fig. 2);
the eccentric wheel is arranged in the pumping housing and is in transmission connection to the motor and the one-way valve (see Fig. 3), respectively;
the ball is movable along the eccentric wheel and used to block or open the pressure relief port (see Fig. 2);
when the one-way valve discharges air unidirectionally, the ball blocks the pressure relief port under a centrifugal force of the eccentric wheel, and air in the air chamber of the diaphragm flows into the accommodating chamber through the air inlet; and
when the one-way valve does not discharge air, the ball opens the pressure relief port, and air outside of the pumping housing enters the accommodating chamber through the pressure relief port, so that the air pressure in the accommodating chamber is restored to an initial state and the air pressure in the air chamber of the diaphragm is restored to an initial state (see Specific Implementation Examples). It would have been obvious for one having ordinary skill in the art at the time the invention was made to replace the generic air pump of the invention of Garbez with an eccentric wheel and ball type pump, as disclosed by Xiang, in order to create intermittent suction relief during application to avoid continuous suction and create a cyclic pumping action that better resembles infant suckling (see Background).
Allowable Subject Matter
Regarding Claim 6, presuming proper satisfaction of the above noted non-prior art rejections of Claim 6 (and parent Claim 5) to provide proper antecedent basis for all claim terminology and establish clear metes and bounds for “resist”, Claim 6 would be allowable if rewritten in independent form (including intervening Claims 2, 4, and 5).
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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/WILLIAM R CARPENTER/Primary Examiner, Art Unit 3783 02/26/2026