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 .
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.
Claims 1-5, 16-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu (US 20150157775 A1).
Regarding claim 1, Hu discloses a breast pump (fig 1), comprising:
a body 31, defining a channel (figs 2-3); and
a heating assembly 1, connected to the body and comprising:
an attaching member (4,11,54,13,14,12; (fig 3), at least partially arranged in the channel, located on a side of the body, and configured to contact with the breast; and
a charging device 2 (rechargeable battery; [0030]), connected to the body and electrically connected to the attaching member; and
wherein the attaching member (4,11,54,13,14,12; (fig 3) is further configured to generate heat through the charging device.
Regarding claim 2, Hu discloses wherein the attaching member (4,11,54,13,14,12; (fig 3), comprises:
a first attaching element 4,11 configured to contact with the breast;
a second attaching element 12, configured to contact with the body and at least partially located in the channel; and
a heating element 13, electrically connected to the charging device, and sandwiched between the first attaching element 4,11 and the second attaching element 12.
Regarding claim 3, Hu discloses wherein the heating element comprises:
a terminal 21, electrically connected to the charging device 2 (fig 5); and
an electric heating portion 13,15 (fig 3), electrically connected to the terminal and configured to generate heat.
Regarding claim 4, Hu discloses wherein the electric heating portion 13,15 comprises a plurality of unit pieces (fig 3) that are distributed around a surrounding center and connected in series with each other, and a gap (fig 3) is defined between every adjacent two of the plurality of unit pieces.
Regarding claim 5, Hu discloses wherein one end of each of the plurality of unit pieces (fig 3) that is close to the surrounding center is a series end, and another end of each of the plurality of unit pieces that is away from the surrounding center is a free end; along a direction from the series end to the free end, the width of each of the plurality of unit pieces gradually increases.
Regarding claim 16, Hu discloses a breast pump (fig 1), comprising:
a body 31, defining a channel configured to receive a breast and allow a nipple to pass therethrough; and
a heating assembly 1, connected to the body and comprising:
an attaching member (1,4,11,54,13,14,12; (fig 3), attached to cover the channel, and configured to contact with the breast; and
a charging device 2 (rechargeable battery; [0030]), detachably connected to the body and electrically connected to the attaching member; and
wherein the charging device 2 is configured to supply power to the attaching member to enable the attaching member to generate heat.
Regarding claim 17, Hu discloses wherein the attaching member comprises:
a first attaching element 4,11, configured to contact with the breast;
a second attaching element 12, configured to contact with the body and at least partially located in the channel; and
a heating element 13, electrically connected to the charging device, and sandwiched between the first attaching element and the second attaching element.
Regarding claim 18, Hu discloses wherein the heating element 13 comprises:
a terminal 21, electrically connected to the charging device; and
an electric heating portion 13,15 (fig 3), electrically connected to the terminal, configured to generate heat, and comprising a plurality of unit pieces (at 13) that are distributed around a surrounding center and connected in series with each other, wherein a gap at 13 (fig 3) is defined between every adjacent two of the plurality of unit pieces.
Regarding claim 20, Hu discloses a breast pump, comprising:
a body 31, having an attaching surface at 15 (fig 3) and defining a channel configured to receive a breast and allow a nipple to pass therethrough; and
a breast housing 1, attached to the attaching surface (fig 2), and comprising an inserting portion 12 inserted into the channel and attached to the channel, wherein the breast housing 1 is configured to contact with the breast and capable of generating heat.
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.
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20150157775 A1) in view of Hu (WO 2018133789 A1).
Regarding claim 8, Hu (‘775) discloses in figures 3-4 what appears to be a plurality of protrusions are arranged on a side of the attaching member (4,11,54,13,14,12; (fig 3), configured to contact with the breast, and the plurality of protrusions arranged on the attaching member surround the channel. However, Hu (775) does not describe them in the disclosure.
Hu (789) teaches in figures 55-57 a plurality of protrusions 82113 that are arranged on a side of the attaching member 8211 configured to contact with the breast, and the plurality of protrusions arranged on the attaching member surround the channel. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Hu (775) with the teachings of Hu (789) since such modification would have enhanced the gripping of the attaching member against the breast.
Allowable Subject Matter
Claims 6-7, 9-15, and 19 are 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cris L Rodriguez whose telephone number is (571)272-4964. The examiner can normally be reached Monday-Thursday 8am- 2pm..
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/Cris L. Rodriguez/
Primary Patent Examiner
Art Unit 3783
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