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 Objections
Claims 3 is/are objected to because of the following informalities:
Claim 3 recites “such that the first attaching element capable of being attached to the breast of the living body” at the end of the claim. This should likely read “such that the first attaching element is capable of being attached to the breast of the living body” for grammar.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
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.
Claim(s) 9, 15, and 16 is/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.
Claim 9 recites the limitation "a second temperature sensor” without recitation of a first temperature sensor. This makes the claim unclear as to whether multiple temperature sensors are required. Claim 9 was perhaps intended to depend from claim 8, which introduces a first temperature sensor.
Claim 15 recites the limitation "a second temperature sensor” without recitation of a first temperature sensor. This makes the claim unclear as to whether multiple temperature sensors are required. Claim 15 was perhaps intended to depend from claim 14, which introduces a first temperature sensor.
Claim 16 recites “The method as claimed in claim 1” in the preamble. However, claim 1 is directed to a breast-pumping care accessory and not a method. Claim 16 also recites limitations that are similar to claim 10. It will be assumed that claim 16 was intended to depend from claim 11.
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 of this title, 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(s) 1, 2, 4, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 2015/0157775 A1, hereafter “Hu”) in view of Reed et al. (US 2024/0416017 A1, hereafter “Reed”).
As to claim 1, Hu discloses a breast-pumping care accessory, comprising: a care assembly (see Figs. 1-6), the care assembly comprising:
a first attaching element (4, 11), configured to be attached to a breast of a living body when the breast-pumping care accessory is in operation;
a second attaching element (12, 14);
a heating element (13, 54), located between the first attaching element and the second attaching element, wherein the first attaching element is attached to the second attaching element to fix the heating element (Figs. 2-4, para 0032);
a controller (controller described in para 0035), electrically connected to the heating element (para 0007, 0018, 0035); and
an energy supply element (battery), configured to supply electric energy to the heating element and the controller (para 0030, 0033, 0038).
Hu does not expressly recite:
wherein the controller is configured to perform a care controlling method, and the method comprises:
obtaining a target breast-pumping care mode;
obtaining a heating curve, based on the target breast-pumping care mode, from a curve library, and taking the heating curve as a target curve; and
controlling the heating element to generate heat based on the target curve, wherein the target breast-pumping care mode comprises any one of a pre-pumping care mode, an in-pumping care mode, and a post-pumping care mode.
However, Reed discloses a controller (20), wherein the controller is configured to perform a care controlling method, and the method comprises:
obtaining a target breast-pumping care mode (see para 0033, 0054);
obtaining a heating curve, based on the target breast-pumping care mode, from a curve library, and taking the heating curve as a target curve “the controller 20 can operate the heater 25 based on a user selection of a heating mode or temperature that is input by the user via the user interface 18. In some embodiments, the controller 20 includes predetermined routines or schedules for operation of the heater 25 – para 0054); and
controlling the heating element (25) to generate heat based on the target curve, wherein the target breast-pumping care mode comprises any one of a pre-pumping care mode, an in-pumping care mode, and a post-pumping care mode (see para 0054 teaching “The controller 20 can operate the heater 25 in coordination with the pump stages of the vacuum pump assembly 22 and/or based on user input. For example, the controller 20 can operate the heater 25 before or during the stimulating mode and/or the operating mode of the vacuum pump assembly 22”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hu in view of Reed such that the controller is configured to perform a care controlling method, and the method comprises: obtaining a target breast-pumping care mode; obtaining a heating curve, based on the target breast-pumping care mode, from a curve library, and taking the heating curve as a target curve; and controlling the heating element to generate heat based on the target curve, wherein the target breast-pumping care mode comprises any one of a pre-pumping care mode, an in-pumping care mode, and a post-pumping care mode. One would have been motivated to do so in order to provide more advanced control over the heating element of Hu for improved pumping (see para 0006, 0047, 0054 of Reed).
As to claim 2, Hu in view of Reed teaches the breast-pumping care accessory as claimed in claim 1, and Hu further teaches wherein the second attaching element comprises a mounting portion (14) and a fixing portion (11), the mounting portion is connected to the fixing portion (para 0032), the mounting portion is configured to mount the heating element (para 0032), and the fixing portion is configured to fix the care assembly on a breast pump (12 connects to 31 and 2 – see Figs. 1-3).
As to claim 4, Hu in view of Reed teaches the breast-pumping care accessory as claimed in claim 1, and Hu further teaches wherein the care assembly is provided with at least one ventilation through hole; the at least one ventilation through hole penetrates the first attaching element and the second attaching element (central opening through each of 4, 11, 12, 14) (see Figs. 2-4).
As to claim 11, Hu discloses a care controlling method for a breast-pumping care accessory (see Figs. 1-6), the breast-pumping care accessory comprising:
a first attaching element (4, 11), configured to be attached to a breast of a living body when the breast-pumping care accessory is in operation;
a second attaching element (12, 14);
a heating element (13, 54), located between the first attaching element and the second attaching element, wherein the first attaching element is attached to the second attaching element to fix the heating element (Figs. 2-4, para 0032);
a controller (controller described in para 0035), electrically connected to the heating element and configured to implement the care controlling method (para 0007, 0018, 0035); and
an energy supply element (battery), configured to supply electric energy to the heating element and the controller (para 0030, 0033, 0038).
Hu is silent to:
wherein the care controlling method comprises:
obtaining a target breast-pumping care mode;
obtaining a heating curve, based on the target breast-pumping care mode, from a curve library, and taking the heating curve as a target curve; and
controlling the heating element to generate heat based on the target curve, wherein the target breast-pumping care mode comprises any one of a pre-pumping care mode, an in-pumping care mode, and a post-pumping care mode.
However, Reed discloses a controller (20), wherein the controller is configured to perform a care controlling method, and the method comprises:
obtaining a target breast-pumping care mode (see para 0033, 0054);
obtaining a heating curve, based on the target breast-pumping care mode, from a curve library, and taking the heating curve as a target curve (“the controller 20 can operate the heater 25 based on a user selection of a heating mode or temperature that is input by the user via the user interface 18. In some embodiments, the controller 20 includes predetermined routines or schedules for operation of the heater 25 – para 0054); and
controlling the heating element to generate heat based on the target curve, wherein the target breast-pumping care mode comprises any one of a pre-pumping care mode, an in-pumping care mode, and a post-pumping care mode (see para 0054 teaching “The controller 20 can operate the heater 25 in coordination with the pump stages of the vacuum pump assembly 22 and/or based on user input. For example, the controller 20 can operate the heater 25 before or during the stimulating mode and/or the operating mode of the vacuum pump assembly 22”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Hu such that the care controlling method comprises: obtaining a target breast-pumping care mode; obtaining a heating curve, based on the target breast-pumping care mode, from a curve library, and taking the heating curve as a target curve; and controlling the heating element to generate heat based on the target curve, wherein the target breast-pumping care mode comprises any one of a pre-pumping care mode, an in-pumping care mode, and a post-pumping care mode. One would have been motivated to do so in order to provide more advanced control over the heating element of Hu for improved pumping (see para 0006, 0047, 0054 of Reed).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Reed as applied to claim 1 above, and further in view of Engel (US 6,705,920 A1).
As to claim 3, Hu in view of Reed teaches the breast-pumping care accessory as claimed in claim 1 above, but does not expressly recite a wearable strap, wherein the wearable strap is connected to an upper end and a lower end of the care assembly, or the wearable strap is connected to a left end and a right end of the care assembly; wherein when the breast-pumping care accessory is in operation, the wearable strap is configured to fix the care assembly to the breast of the living body, such that the first attaching element capable of being attached to the breast of the living body.
Engel discloses a wearable strap (10; see Figs. 1-4), wherein the wearable strap is connected to an upper end and a lower end of a care assembly (attached to cones 12 via slits 34 and 36, which surround a portion of the cones), and the wearable strap is connected to a left end and a right end of the care assembly (attached to cones 12 via slits 34 and 36, which surround a portion of the cones); wherein when the breast-pumping care accessory is in operation, the wearable strap is configured to fix the care assembly to the breast of the living body, such that a first attaching element (in this instance a distal opening of each cone 12 serving as an attachment element) capable of being attached to the breast of the living body (see Fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hu (as already modified above) to include a wearable strap, wherein the wearable strap is connected to an upper end and a lower end of the care assembly, or the wearable strap is connected to a left end and a right end of the care assembly; wherein when the breast-pumping care accessory is in operation, the wearable strap is configured to fix the care assembly to the breast of the living body, such that the first attaching element capable of being attached to the breast of the living body. One would have been motivated to do so based off of Engel, for the purpose of providing a way to secure the care assembly of Hu to a user (see Fig. 4, para beginning line 13 col. 2 of Engel).
Claim(s) 10 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Reed as applied to claim 1 and claim 11, respectively, above, and further in view of Hofman et al. (US 2012/0272905 A1, hereafter “Hofman”).
As to claim 10, Hu in view of Reed teaches the breast breast-pumping care accessory as claimed in claim 1 as described above, but is silent to wherein the breast breast-pumping care accessory further comprises a sound reminder, and the controller is electrically connected to the sound reminder; wherein when the care controlling method is executed, after the operation of controlling the heating element to generate heat based on the target curve, the controller is further configured to implement operations comprising: obtaining a heating completion signal; and in response to the heating completion signal, controlling the sound reminder to play a prompt sound to remind the completion of the care.
Hofman discloses a system and method related to milking animals and teaches “Controller 200 may determine that a preparation cycle has completed based on any suitable indicator, such as an indicator that preparation cup 166 has been returned to preparation cup holder 362c or an indicator that a milking cycle has completed (and therefore, the preparation cycle preceding the milking cycle has also completed)” (para 0119).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hu (as already modified above) such that the breast breast-pumping care accessory further comprises a sound reminder, and the controller is electrically connected to the sound reminder; wherein when the care controlling method is executed, after the operation of controlling the heating element to generate heat based on the target curve, the controller is further configured to implement operations comprising: obtaining a heating completion signal; and in response to the heating completion signal, controlling the sound reminder to play a prompt sound to remind the completion of the care. One would have been motivated to do so as means for indicating to a user that steps of the care controlling method have been completed (see para 0119 of Hofman).
As to claim 16, Hu in view of Reed teaches the method as claimed in claim 11 as described above, but does not expressly recite wherein the breast breast-pumping care accessory further comprises a sound reminder, and the controller is electrically connected to the sound reminder; wherein after the controlling the heating element to generate heat based on the target curve, the method further comprises: obtaining a heating completion signal; and in response to the heating completion signal, controlling the sound reminder to play a prompt sound to remind the completion of the care.
Hofman discloses a system and method related to milking animals and teaches “Controller 200 may determine that a preparation cycle has completed based on any suitable indicator, such as an indicator that preparation cup 166 has been returned to preparation cup holder 362c or an indicator that a milking cycle has completed (and therefore, the preparation cycle preceding the milking cycle has also completed)” (para 0119).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hu (as already modified above) such that the breast breast-pumping care accessory further comprises a sound reminder, and the controller is electrically connected to the sound reminder; wherein after the controlling the heating element to generate heat based on the target curve, the method further comprises: obtaining a heating completion signal; and in response to the heating completion signal, controlling the sound reminder to play a prompt sound to remind the completion of the care. One would have been motivated to do so as means for indicating to a user that steps of the care controlling method have been completed (see para 0119 of Hofman).
Allowable Subject Matter
Claims 5-8, and 12-14 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.
Claim 9 (assuming claim 9 is intended to depend from claim 8) and claim 15 (assuming it was intended to depend from claim 14) would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 5, Hu in view of Reed teaches the breast-pumping care accessory as claimed in claim 1 above, but each are silent to wherein the first attaching element and the second attaching element are made of elastic silicon; the heating element comprises a flexible membrane and a printed circuit, the printed circuit is located on the flexible membrane, and the controller is electrically connected to the printed circuit; and wherein the flexible membrane comprises a plurality of flexible pieces, each of the plurality of flexible pieces is fan-shaped and comprises a first arc portion and a second arc portion, an arc length of the first arc portion is less than an arc length of the second arc portion, the plurality of flexible pieces are arranged in a ring and distributed at intervals, and the first arc portions of every adjacent two of the plurality of flexible pieces are connected to each other; and wherein when the breast-pumping care accessory is in operation, the first arc portion is located between a nipple of the breast of the living body and the second arc portion in combination with the limitations of claim 1.
Claims 6-9 depend from claim 5.
As to claim 12, while Hu in view of Reed teaches the method as claimed in claim 11 as described above, each are silent to wherein the heating element comprises: a printed circuit electrically connected to the controller; and one or more contact electrodes, electrically connected to the printed circuit, wherein the first attaching element defines one or more electrode through holes, the one or more contact electrodes and the one or more electrode through holes are in one-to-one correspondence, the one or more contact electrodes pass through the one or more electrode through holes correspondingly, and the one or more contact electrodes are configured to provide microcurrent stimulation to the breast of the living body.
Claims 13-15 depend from claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James D Ponton whose telephone number is (571)272-1001. The examiner can normally be reached M-F 9am-5pm.
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/James D Ponton/Primary Examiner, Art Unit 3783
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