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 .
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 14-15 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.
Claims 14-15 recite both an apparatus and a process of using the apparatus. When both an apparatus and a method are claimed in the same claim it is unclear whether infringement occurs when the apparatus is constructed or when the apparatus is used. Therefore the scope of the claim is indefinite. See MPEP 2173.05(p).
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]; 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 implement the method of claim 1 [0197].
As to claim 15, Makower discloses a breast pump (figures 1a and 1b) comprising an aggregate (30) and a controller (52), the controller having at least one programmable processor (1604), wherein when the programmable processor executes the software according to claim 14 (structure capable of carrying out function).
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.
Conclusion
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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