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 .
Response to Amendment
This office action is responsive to the preliminary amendment filed on 5/10/2024 . As directed by the amendment: claim(s) 1, the specification, and the abstract have been amended. Thus, claims 1-20 are presently pending in this application.
Priority
Priority to provisional application 63/451576 has been acknowledged.
Claim Objections
Claims 8 and 15 are objected to because of the following informalities: claim 8 is missing a “that” in the claim language “wherein the back surface comprises first and second back sides . Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1-8, 10-13, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220395616 A1, henceforth written as O’Toole, in view of WO 2020220574 A1, henceforth written as Zhang.
Regarding Claim 1,
O’Toole discloses:
A wearable breast pump optimized for user privacy and wearability, the wearable breast pump comprising:
(Passive suction-based collection device 1; fig 1-7)
a milk reservoir
(the claimed milk reservoir is considered milk pouch 10 and frame 11 together; fig 1-7)
the milk reservoir that is hollow and connected to the flange, the milk reservoir comprising: a second transition opening that allows passage between the [user’s breast] and the milk reservoir;
(opening 20; fig 1-7)
a dome surface that drapes a user's clothing when the wearable breast pump is in a pump orientation;
(see examiner’s annotation of O’Toole’s fig 1 denoting the outer surface of the claimed milk reservoir, opposite the opening 20, as the claimed dome surface; fig 1-7)
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Annotated figure 1
and a flat surface connected to the dome surface, wherein the flat surface allows the wearable breast pump to rest horizontally in a storage orientation.
(paragraph 48, “a flat portion 13 so that the entire device can rest stably on its front on a surface; while preventing any milk spillage”)
O’Toole discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
a flange that is hollow, wherein the flange comprises: a main opening for receiving and attaching to a user's breast; and a first transition opening that allows passage between the flange and a milk reservoir;
However, Zhang teaches a breast pump:
a flange that is hollow, wherein the flange comprises:
(breast pump flange 2; fig 1-3)
a main opening for receiving and attaching to a user's breast; and
(opening (not enumerated) defined by first sealing surface 211 of sealing ring 21; fig 1-3 see examiner’s annotation of Zhang’s fig 1 denoting the opening of first sealing surface 211 as the main opening)
a first transition opening that allows passage between the flange and a milk reservoir;
(page 3 paragraph 2; mouth end surface (not enumerated) of bottle body 1 is disposed at angle α relative to the opening (not enumerated) of the first sealing surface 211 to conform the pump flange 2 to the design of the human body and conveniently fit a user’s breast whilst holding the bottle body 1, a milk reservoir, at a relative angle which reduces the risk of spilling; fig 1-3; see examiner’s annotation of Zhang’s fig 1 denoting the mouth end surface as the first transition opening)
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Annotated figure 2
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Zhang’s teachings of disposing a flange opening at an angle relative to a milk reservoir’s opening to the breast pump and milk reservoir disclosed by O’Toole, such that Zhang’s flange 2 extends at an angle α relative to O’Toole’s opening 20, in order to arrive at a breast pump invention with a breast mating surface which advantageously and conveniently conforms to a shape of a user’s breast and maintains the milk reservoir at an angle which reduces the risk of spilling milk during milk expression, see page 3 paragraph 2 of Zhang.
Regarding claim 2, O’Toole in view of Zhang teaches:
The wearable breast pump of claim 1, wherein the flange comprises a base that is flat and an apex located opposite the base, wherein the flange tapers from the base towards the apex.
Zhang: ( flange 2 tapers from first sealing surface 211, considered the claimed base, toward mouth end surface (not enumerated), considered the claimed apex )
Regarding claim 3, O’Toole in view of Zhang teaches:
The wearable breast pump of claim 2, wherein the flange is a three- dimensional shaped cone with the apex sliced by a truncation plane.
Zhang: ( see examiner’s annotation of Zhang’s fig 1 demonstrating the manner that the apex is sliced by a truncation plane and the manner that flange 2 is considered a three-dimensional shaped cone)
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Annotated figure 3
Regarding claim 4, O’Toole in view of Zhang teaches:
The wearable breast pump of claim 3, wherein the truncation plane is offset relative to a vertical plane defined along the base.
Zhang: ( see examiner’s annotation of Zhang’s fig 1, annotated figure 3 above, demonstrating the manner that the truncation plane is offset from a vertical plane defined along first sealing surface 211)
Regarding Claim 5,
O’Toole in view of Zhang discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The wearable breast pump of claim 4, wherein the truncation plane is offset relative to the vertical plane by [an acute angle].
Zhang: (page 3 paragraph 2; mouth end surface (not enumerated) is disposed at an acute angle α relative to the opening (not enumerated) of the first sealing surface 211; fig 1)
However, O’Toole in view of Zhang is silent regarding:
the truncation plane is offset relative to the vertical plane by 15 degrees.
However, Zhang teaches that an angle between a reservoir and a flange opening should be an acute angle to conform the pump flange 2 to the design of the human body and conveniently fit a user’s breast whilst holding the bottle body 1, a milk reservoir, at a relative angle which reduces the risk of spilling, see page 3 paragraph 2 of Zhang.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to apply Zhang’s teachings of setting an acute angle between a breast milk reservoir and a breast mating surface to the modified invention of O’Toole in view of Zhang by routinely optimizing the acute angle between Zhang’s first sealing surface 211 and O’Toole’s opening 20 such that the angle is 15 degrees, in order to advantageously arrive at an invention which better conforms to the unique shape of a unique user’s breast profile whilst reducing risks of spilling milk contained within the reservoir, see page 3 paragraph 2 of Zhang and MPEP 2144.05.
Regarding claim 6, O’Toole in view of Zhang discloses:
The wearable breast pump of claim 5, wherein the milk reservoir is attached to the flange along the truncation plane.
Examiner notes that in light of the modification of O’Toole in view of Zhang made above, O’Toole’s claimed milk reservoir is attached to Zhang’s flange 2 at the apex of Zhang’s flange 2 which mates with O’Toole’s opening 20.
Regarding claim 7, O’Toole in view of Zhang discloses:
The wearable breast pump of claim 4, wherein the milk reservoir further comprises a back surface that runs along the truncation plane.
See examiner’s figure 4 below which crudely appends aspects O’Toole’s figure 3 and Zhang’s figure 1 to represent the modification made in claim 1 and demonstrate the surface of the modified invention which is considered the back surface and illustrate the manner that this back surface is considered to run along the truncation plane)
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Examiner’s figure 4
Regarding claim 8, O’Toole in view of Zhang discloses:
The wearable breast pump of claim 7, wherein the back surface comprises first and second back sides are flat.
See examiner’s figure 5 below which annotates O’Toole’s figure 2 & 3 to denote the claimed first flat back side and the claimed second flat back sides
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Examiner’s figure 5
Regarding claim 10, O’Toole in view of Zhang discloses:
The wearable breast pump of claim 7, wherein the back surface tapers in towards the user at a back surface taper angle relative to the vertical plane.
Examiner notes that in light of the modification of O’Toole in view of Zhang made above, and as demonstrated by examiner’s figure 4 above, the claimed back surface follows the claimed truncation plane and thus tapers at a back surface angle relative to the vertical plane
Regarding Claim 11,
O’Toole in view of Zhang discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The wearable breast pump of claim 11, wherein the back surface taper angle is [an acute angle].
Zhang: (page 3 paragraph 2; mouth end surface (not enumerated) is disposed at an acute angle α relative to the opening (not enumerated) of the first sealing surface 211; fig 1)
Examiner notes in light of the modification made in claim 1 above, the back surface taper follows the claimed truncation plane, thus where Zhang discusses its acute angle between the mouth end surface and first sealing surface, in the modified invention it is also discussing the angle between the claimed back surface and the claimed vertical plane.
However, O’Toole in view of Zhang is silent regarding:
wherein the back surface taper angle is equal to 15 degrees.
However, Zhang teaches that an angle between a reservoir and a flange opening should be an acute angle to conform the pump flange 2 to the design of the human body and conveniently fit a user’s breast whilst holding the bottle body 1, a milk reservoir, at a relative angle which reduces the risk of spilling, see page 3 paragraph 2 of Zhang.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to apply Zhang’s teachings of setting an acute angle between a breast milk reservoir and a breast mating surface to the modified invention of O’Toole in view of Zhang by routinely optimizing the acute angle between Zhang’s first sealing surface 211 and O’Toole’s opening 20 & back surface such that the angle is 15 degrees, in order to advantageously arrive at an invention which better conforms to the unique shape of a unique user’s breast profile whilst reducing risks of spilling milk contained within the reservoir, see page 3 paragraph 2 of Zhang and MPEP 2144.05.
Regarding claim 12, O’Toole in view of Zhang discloses:
The wearable breast pump of claim 10, wherein the flat surface of the milk reservoir tapers towards the user at a flat surface taper angle relative to the vertical plane.
See examiner’s figure 6, below, which annotates examiner’s figure 4, above, to denote the claimed flat surface taper angle of the claimed flat surface, O’Toole’s flat portion 13, relative to the claimed vertical plane.
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Examiner’s figure 6
Regarding claim 13, O’Toole in view of Zhang discloses:
The wearable breast pump of claim 12, wherein the flat surface taper angle is greater than the back surface taper angle.
See examiner’s figure 6, above, which annotates examiner’s figure 4, above, which demonstrates that due to the relative angle differences between O’Toole’s flat portion 13 and the claimed back surface/truncation plane, the flat surface taper angle is greater than the back surface taper angle,
Regarding Claim 16,
O’Toole in view of Zhang discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, O’Toole in view of Zhang is silent regarding:
The wearable breast pump of claim 1, the milk reservoir has a milk reservoir diameter measured at a widest portion of the milk reservoir and the flange has a flange diameter measured at a widest portion of the flange, wherein the milk reservoir diameter is greater than the flange diameter.
However, O’Toole teaches in paragraph 104+108+136 that the size of the nipple mating surface may be modified to more adequately mate with different shape and size of nipples/breasts. Further O’Toole teaches in paragraph 44-45 that the capacity of the invention, thus the size of the holding capacity of pouch 10, can be modified to collect more/less breastmilk.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate O’Toole’s teachings of modifying the size of the milk reservoir and flange to the modified invention of O’Toole in view of Zhang, such that the widest diameter of O’Toole’s claimed milk reservoir and the widest diameter of Zhang’s flange have the claimed relationship, as such a modification increasing the relation proportion of the claim elements would only involve routine skill in the art, see MPEP 2144.04(IV)(A), and would advantageously arrive at an invention with a more desirable breast milk holding capacity and a nipple mating surface optimized for a unique user’s unique nipple, see paragraph 44-45+104+108+136 of O’Toole.
Regarding claim 17, O’Toole in view of Zhang discloses:
The wearable breast pump of claim 1, wherein the flat surface of the milk reservoir is circular.
O’Toole: (fig 1 demonstrates flat portion 13 as circular)
Regarding claim 18, O’Toole in view of Zhang discloses:
The wearable breast pump of claim 17, wherein the milk reservoir further comprises a first front side and a second front side, wherein the first and second front sides are curved relative to the flat surface.
See examiner’s figure 7 annotating O’Toole’s figure 1 to denote the claimed first front side and second front and demonstrate their curvature relative to flat portion 13.
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Examiner’s figure 7
Regarding Claim 19,
O’Toole in view of Zhang discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, O’Toole in view of Zhang is silent regarding:
The wearable breast pump of claim 1 further comprising a lid that connects to the base of the flange and seals milk within the wearable pump when the wearable pump is in the storage orientation.
However, O’Toole teaches a breast pump comprising:
a lid that connects to the base of the flange and seals milk within the wearable pump when the wearable pump is in the storage orientation
(paragraph 84; a protection plate 90 with a stopper for mating with a milk reservoir opening; fig 9)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate O’Toole’s alternative embodiment teaching a protection plate with a stopper covering a rear surface of a breast pump to the modified invention of O’Toole in view of Zhang, such that the O’Toole’s protection plate 90’s stopper mates with Zhang’s flange 2, in order to advantageously arrive at an invention with means for keeping surfaces of the invention which contact the breast clean while the invention is in a storage position, see paragraph 84 of O’Toole.
Regarding claim 20, O’Toole in view of Zhang discloses:
The wearable breast pump of claim 1, wherein the milk reservoir further comprises measurement markings that indicate an amount of milk that is within the milk reservoir when the wearable pump is in the storage orientation.
O’Toole: (paragraph 78; rear surface of milk pouch 10 has fill lines, therein measurement markings indicating an amount of milk within pouch 10, and enables communication of this information to a user in an upright or horizontal storage orientation; fig 6)
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over O’Toole in view of Zhang as applied to claims above, and further in view of US 20140128806 A1, henceforth written as Schlienger.
Regarding Claim 9,
O’Toole in view of Zhang discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The wearable breast pump of claim 8, wherein the back surface --allows the wearable pump to wear closer to the user's body.
O’Toole: (paragraph 49+51; rear surface of pouch 10 is shaped to fit against a breast such that when a user’s nipple is mated with hole 20 – in the case of the modified invention when the user’s nipple is mated with Zhang’s flange 2 – the pouch 10 forms a seal with the breast and the shape of pouch 10 is limited from warping)
However, O’Toole in view of Zhang is silent regarding:
wherein the back surface further comprises a concave portion located between the first and second back sides, wherein the concave portion allows the wearable pump to wear closer to the user's body.
However, Schlienger teaches a breast pump with a milk reservoir:
wherein the back surface further comprises a concave portion located between the first and second back sides, wherein the concave portion allows the wearable pump to wear closer to the user's body
(paragraph 54; milk collection container 1 2 comprises an inwardly-curved – or concave – wall (not enumerated) between two not inwardly-curved back sides (not enumerated), which permits the milk collection container 1 2 to be placed closer to the user’s body/breast and is an improved arrangement for saving space of an invention placed against a breast; examiner’s figure 8, below, annotating Schlienger’s figure 6 to denote the claimed inwardly-curved back wall between two not inwardly-curved back walls)
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Examiner’s figure 8
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate Schlienger’s teachings of a milk reservoir with a body facing rear surface having a concave wall between two not-concave walls toward the milk reservoir of the modified invention of O’Toole in view of Zhang, such the portion of O’Toole’s pouch 10 between the denoted peripheral flat back surfaces is concave, in order to advantageously arrive at a milk reservoir which can be placed closer to a user’s breast and save space arranged against a user’s breast, improving concealability and comfortability of the invention, see paragraph 54 of Schlienger.
Claim(s) 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over O’Toole in view of Zhang as applied to claims above, and further in view of US 20210268159 A1, henceforth written as Schwarz.
Regarding Claim 14,
O’Toole in view of Zhang discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, O’Toole in view of Zhang is silent regarding:
wherein the flat surface taper angle is at least double the back surface taper angle.
However, Schwarz teaches a breast pump wherein the milk storage unit 4 has a housing 13 which forms a truncated cone shape having a lateral surface contour h, which faces away from funnel 3, disposed at an angle relative to a plane b – wherein plane b is aligned with the sealing surface circumference 15 of breast funnel 3 – and having a lateral surface, which faces toward funnel 3, which is arranged on an angle relative to a surface 14 such that the angles of these two surfaces facing toward/away from the funnel 3 permits the user to sustain the position of the breast pump in a natural and ergonomic position while the user’s expresses milk with the invention, see paragraph 8+36+57+59 and figure 2 of Schwarz.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate Schwarz’s teachings of modifying an angle of a surface facing away from a breast mating flange and an angle of a surface facing toward the breast mating flange to the flat surface taper angle and back surface taper angle of the modified invention of O’Toole in view of Zhang, such that the routine optimization of these angles arrives at the claimed relationship, in order to advantageously arrive at a milk reservoir with an ergonomic shape which permits a user to hold the invention in a natural and comfortable position during use paragraph 8+36 of Schwarz and MPEP 2144.05
Regarding Claim 15,
O’Toole in view of Zhang discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, O’Toole in view of Zhang is silent regarding:
wherein the flat surface taper angle is 45 degrees.
However, Schwarz teaches a breast pump wherein the milk storage unit 4 has a housing 13 which forms a truncated cone shape having a lateral surface contour h, which faces away from funnel 3, disposed at an angle relative to a plane b – wherein plane b is aligned with the sealing surface circumference 15 of breast funnel 3 –such that the angle of this surfaces facing away from the funnel 3 permits the user to sustain the position of the breast pump in a natural and ergonomic position while the user’s expresses milk with the invention, see paragraph 8+36+57+59 and figure 2 of Schwarz.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate Schwarz’s teachings of modifying an angle of a surface facing away from a breast mating flange to the flat surface taper angle the modified invention of O’Toole in view of Zhang, such that the routine optimization of this angle arrives at the claimed angle, in order to advantageously arrive at a milk reservoir with an ergonomic shape which permits a user to hold the invention in a natural and comfortable position during use paragraph 8+36 of Schwarz and MPEP 2144.05
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure, particularly the independent claim:
US 20200086019 A1
US 20210361838 A1
US 20210060221 A1
US 4950236 A
US 8152754 B2
US 20180078687 A1
US 10016566 B2
US 20170216505 A1
EP 3058967 A1
US 20160220745 A1
US 20240001009 A1
US 20240416017 A1
US 20180361040 A1
CN 114949405 A
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FORREST DIPERT whose telephone number is (703)756-1704. The examiner can normally be reached M-F 8:30am-5pm eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached on (571) 270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FORREST B DIPERT/Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783
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