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 .
Acknowledgements
In response to the Amendment filed 8/25/2026, claims 1, 14-15 are amended. The 112(b) rejection set forth in the previous Office Action is withdrawn due to Applicant’s amendment. Claims 1-15 are pending.
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.
Claim(s) 1-2, 8-10, 14, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20170072118 to Makower.
As to claim 1, Makower discloses a method for managing breast milk expression [0203] comprising: providing an expected milk yield over time (figures 30 and 32); expressing milk and measuring the expressed milk yield at a given time [0195; 0197]; comparing the measured milk yield at the given time with the expected milk yield at the given time [0199; 0206]; and generating an alarm if the measured milk yield is lower than the expected yield (claim 7).
As to claim 2, Makower discloses the method of claim 1, wherein the expected milk yield is provided with reference to a baby birth, and a measured milk yield is measured with reference to the baby birth [0199].
As to claim 8, Makower discloses the method of claim 1, wherein the method is implemented by a software executed by a processor of a smartphone or tablet or computer [0196-0197].
As to claim 9, Makower discloses the method of claim 1, wherein the method is implemented by a software executed by a processor of a controller of a breast pump [0196-0197].
As to claim 10, Makower discloses the method as defined in claim 8, wherein the software outputs information on the daily yield over time together with a path of expected yield over a time [0198].
As to claim 14, Makower discloses a software comprising instructions that, when executed by at least one programmable processor, cause the at least one programmable processor to provide an expected milk yield over time (figures 30 and 32); express milk and measure the expressed milk yield at a given time [0195; 0197]; compare the measured milk yield at the given time with the expected milk yield at the given time [0199; 0206]; and generate an alarm if the measured milk yield is lower than the expected yield (claim 7).
As to claim 15, Makower discloses a breast pump comprising an aggregate (30) and a controller (52), the controller associated with the programmable processor (1604) that executes the software according to claim 14.
Allowable Subject Matter
Claims 3-7, 11-13 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.
Response to Arguments
Applicant's arguments filed 8/25/2026 have been fully considered but they are not persuasive. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., an expected milk yield of the user) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim 1 as amended requires “providing an expected milk yield over time; expressing milk and measuring the expressed milk yield at a given time; comparing the measured milk yield at the given time with the expected milk yield at the given time; and generating an alarm if the measured milk yield is lower than the expected yield.” Examiner maintains Makower discloses the limitations as rejected above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMANI N HAYMAN whose telephone number is (571)270-5528. The examiner can normally be reached 5:30 AM - 3:30 PM.
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/IMANI N HAYMAN/Supervisory Patent Examiner, Art Unit 2841
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