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 .
Status of Claims
Claims 1-3, 8 and 12 have been amended.
Claims 17-25 have been canceled.
The rejection of claims 12 and 13 under 35 U.S.C. 112(b) is withdrawn in view of the amendment deleting “preferably” from claim 12.
Claims 1-16 are pending.
Non-Final Action
This action is in response to the amendments filed July 24, 2026.
Upon further consideration, the indication of allowability of former claim 19 is withdrawn. Claim 1, as amended to incorporate the subject matter of former claim 19, is rejected as set forth below.
The phrase “configured to deactivate when the negative pressure source is activated” is being given its broadest reasonable interpretation as requiring structure capable of the light source being deactivated while the negative pressure source is activated, and does not require an automatic interlock.
This action is non-final.
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.
(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 1-8, 10-12, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deters (WO Publication No. 2022/246108), hereinafter, Deters.
Deters states that aspects of different drawings may be combined. The following rejections rely on the breast-pump embodiments of figs. 31-32 and para [0085], together with the centered LED/lens of figs. 33-34.
Regarding claim 1, Deters discloses a breast pump assembly (breast pump 3001 with handheld device 3000, bottle apparatus 3003, and power source 3002 in fig. 31-34), comprising: a conduit comprising an opening (open end of breast pump cup 3110 in fig. 32) adapted to receive a nipple of a user (configured to interface with a human breast; para [0078-0079]); and
a light source (light emitting diode (LED) 3240 in figs. 33-34) arranged to project a beam of light from the opening (LED is centered on device, faces the nipple, and projects light onto the surface of the nipple; para [00121]) such that, in use, the beam of light is focused onto the nipple (projects light onto the surface of the nipple; para [00121]) of the user as the nipple is positioned into the opening (light source (LED) 3240 arranged to project a beam of light from the opening as the nipple is positioned into the opening in figs. 33-34, para [00121]; user views nipple placement in the cup, para [0083] and [0087]);
a negative pressure supply port (connection of vacuum pump to cup 3110/bottle apparatus 3003 in fig. 31, para [00119] and claim 15); and
a negative pressure source (breast pump/vacuum pump 3002 in fig. 31, para [00119]; the device further includes a user input configured to allow a user to control light intensity from the light source and/or to control suction of the cup, para [0028] and claim 15) fluidly coupled to the negative pressure supply port (breast pump interface / bottle apparatus 3003 in fig. 31, para [00119] and claim 15) such that, when activated, the negative pressure source provides a negative pressure to the conduit, wherein the negative pressure source is configured to be selectively activated, and wherein the light source is configured to deactivate when the negative pressure source is activated (light and vacuum are independently controlled, so the light is capable of being deactivated while vacuum pressure is applied; para [0028] and claim 11).
Regarding claim 2, Deters discloses a breast pump assembly according to claim 1, wherein the conduit comprises a central longitudinal axis and the beam of light is focused along the central longitudinal axis (LED is centered on device, faces the nipple, and projects light onto the surface of the nipple along the central longitudinal axis of handheld device 3200 as shown in fig. 34; para [00121]).
Regarding claim 3, Deters discloses a breast pump assembly according to claim 1 wherein the beam of light is focused within a predetermined region (nipple area includes nipple and immediately surrounding area, para [0080]; light is directed to a target area on the breast; para [0079-0081]).
Regarding claim 4, Deters discloses a breast pump assembly according to claim 3, wherein the predetermined region has an area substantially equal to an area of the opening (target area on the breast is substantially equal to an area of the opening on cup 3110; para [0079-0081]).
Regarding claim 5, Deters discloses a breast pump assembly according to claim 1 wherein the conduit is configured such that the beam of light is projected from the opening in an axial direction (LED is centered on device, faces the nipple, and projects light onto the surface of the nipple from the opening in the axial direction of handheld device 3200 as shown in fig. 34; para [00121]).
Regarding claim 6, Deters discloses a breast pump assembly according to claim 1 wherein the opening is arranged perpendicular to a central longitudinal axis of the conduit (open end of breast pump cup 3110 or bell-shaped design in 3210 in fig. 34 has an opening arranged perpendicularly to the central longitudinal axis of handheld device 3200; para [00121]).
Regarding claim 7, Deters discloses a breast pump assembly according to claim 1 wherein the light source is provided external to the conduit (device integrates lenses 3104 into the breast pump cup 3110, allowing light to enter from the side and re-direct towards the surface of the nipple; (LEDs) 3140 are mounted to the outside of the breast pump cup 3110; para [00120]).
Regarding claim 8, Deters discloses a breast pump assembly according to claim 1 wherein the beam of light is focused using a lens assembly (lenses 3104 are integrated into the breast pump cup 3110 and allow light to enter from the side and re-direct towards the surface of the nipple in fig. 32; para [00120]).
Regarding claim 10, Deters discloses a breast pump assembly according to claim 8 wherein the conduit comprises a wall (breast pump cup 3110 in fig. 32) and the lens assembly is integrally formed with a portion of the wall (handheld device 3100 integrates lenses 3104 into the breast pump cup 3110 in fig. 32; para [00120]).
Regarding claim 11, Deters discloses a breast pump assembly according to claim 1, further comprising a breast receiving portion extending from the opening of the conduit (open end of breast pump cup 3110/3210 in figs. 31-34, para [0078-0079]; configured to interface with a human breast, para [0079]).
Regarding claim 12, Deters discloses a breast pump assembly according to claim 11, wherein the conduit and the breast receiving portion (open end of breast pump cup 3110/3210 in figs. 31-34; para [0078-0079]; configured to interface with a human breast, para [0079]) each comprise a wall (breast pump cup 3110 in fig. 32) having a refractive index such that a portion of light from the light source is refracted within the walls and wherein the refractive index is within a range from 1.3 to 1.7 (cup comprises silicone and may be entirely transparent or translucent; silicone has refractive index within claimed range which causes light to refract within walls of breast pump cup 3110; para [0090]).
Regarding claim 14, Deters discloses a breast pump assembly according to claim 11 wherein the breast receiving portion (open end of breast pump cup 3110 in figs. 31-34, para [0078-0079]; configured to interface with a human breast) flares outwardly from the opening of the conduit to a perimeter edge (conical or bell-shaped design 3210 in fig. 31-34; outwardly flaring portion to receive breast, para [0079]).
Regarding claim 15, Deters discloses a breast pump assembly according to claim 11 wherein the breast receiving portion (open end of breast pump cup 3110 in figs. 31-34, para [0078-0079]; configured to interface with a human breast; para [0079]) is integrally formed with the conduit (conical or bell-shaped design 3210 in fig. 31-34; outwardly flaring portion to receive breast is one piece with the smaller tunnel portion that contains the LEDs in figs. 33-34).
Regarding claim 16, Deters discloses a breast pump assembly according to claim 1 wherein the light source is adapted to selectively project light (device is configured to prevent light source from being turned on when the light-shielding cover is not in place, para [0024], [0028], and claim 11).
Claim Rejections - 35 USC § 103
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 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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Deters in view of Ratchet (US Publication No. 2016/0305926), hereinafter, Ratchet.
Regarding claim 9, Deters discloses a breast pump assembly according to claim 8 wherein the lens assembly (lenses 3104 are integrated into the breast pump cup 3110 and allow light to enter from the side and re-direct towards the surface of the nipple in fig. 32; para [00120]).
Deters fails, however, to disclose that the lens assembly comprises a Fresnel-type lens.
Ratchet teaches that the lens assembly comprises a Fresnel-type lens (Ratchet: refractive lenses, Fresnel zone plates used to focus beam size comparable to field of view; para [0016]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lens assembly of Deters to comprise a Fresnel-type lens, as taught by Ratchet, in order to efficiently collimate the focused light beam to a size comparable to the field of view in a compact assembly while maintaining a thin profile suitable for a breast pump cup.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Deters in view of Wang (US Publication No. 2018/0289874), hereinafter, Wang.
Regarding claim 13, Deters discloses a breast pump assembly according to claim 12, wherein light refracted within the walls (cup comprises silicone and may be entirely transparent or translucent which causes light to refract within walls of breast pump cup 3110; para [0090]).
Deters fails, however, to disclose that the light refracted within the walls is projected from a perimeter edge of the breast receiving portion.
Wang teaches that the light refracted within the walls is projected from a perimeter edge of the breast receiving portion (Wang: light from light source 108 is delivered through the breast-shield or flange 102 of the breast pump 100; para [0011]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the translucent silicone cup wall of Deters so that light refracted within the walls is projected from a perimeter edge of the breast receiving portion, as taught by Wang, in order to illuminate the breast/nipple area through the shield during use.
Deters incorporates Wang; para [00124]
Conclusion
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/ZACHARIAH K WHITROCK/Patent Examiner, Art Unit 3783
/WESLEY G HARRIS/Examiner, Art Unit 3783
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