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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The effective filing date is August 29, 2023.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: reference number 315 – convex portion. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-10 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 1 recites the limitation "the breast installation chamber in the main body" in line 19. There is insufficient antecedent basis for this limitation in the claim. The claim is indefinite because the breastshield installation chamber was never introduced into the claim and how the structure is associated with the main body. Additionally, it appears the main body is supposed to include a breastshield installation chamber which further includes a second pipe joint connected to the air path, however the lack of antecedent basis makes the scope of the claim indefinite since it’s unclear if the claim should be a breastshield installation chamber or if the claim is supposed to be reciting additional limitations to the diaphragm installation chamber (which was already introduced into the claim).
Claims 2-10 are rejected under 112(b) for being dependent and thus including the issue above.
With regards to claim 5, the claim recites “wherein one side of the columnar main body opposite to the third pipe joint is provided with a convex portion configured for user's fingers to move”, however the claim language is ambiguous to one of ordinary skill in the art as to how a convex portion configured for user’s fingers to move. The specification and drawings fail to provide further clarification or articulation to help determine the scope of that limitation. Further clarification or amendment is requested without adding new matter.
With regards to claim 9, the claim recites the trademark/trade name “Bluetooth”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe “Bluetooth” and, accordingly, the identification/description is indefinite.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 9, 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US Patent Pub. 20200384172).
Re. claim 1, Kim discloses a breast pump capable of being wearable in a bra which includes a main body (122/121, see fig. 7, para. 0061) including a battery (para. 0018, 270/370), an air pump (130) and a circuit control (150); a milk collection (195/295) container detachably connected to the main body; a breastshield (110/141/140 or 210/260, see fig. 7) detachably connected to the main body and in communication with the milk collection container; and a diaphragm (160/261), wherein the breastshield has a breast accommodating chamber (chamber near opening within the breastshield, see fig. 6 fig. 18) , a nipple accommodating chamber (chamber in the back of the breastshield, see fig. 6 or fig. 18) and a diaphragm installation chamber (141/241 – portion that houses the “elastic member”, see fig. 6, 7 or fig. 18); a mouth of the diaphragm installation chamber is provided with a chamber cover (125/221, see fig. 6 or fig. 18), the diaphragm is sealingly combined with the mouth of the diaphragm installation chamber (see fig. 6 or fig. 18), a milk-side vacuum chamber is formed between the diaphragm and the diaphragm installation chamber (space between the diaphragm and the diaphragm installation chamber see fig. 6 or fig. 18), an air-side vacuum chamber is formed between the diaphragm and the chamber cover (space between the diaphragm and the chamber cover see fig. 6 or fig. 18), the chamber cover is provided with a first pipe joint (125/221, see fig. 6 or fig. 18) in spatial communication with the air-side vacuum chamber, the diaphragm installation chamber is provided with an air hole (the gap between 141 below 160 or the gap between 241/240) in spatial communication with the milk-side vacuum chamber and the nipple accommodating chamber (see fig. 6 or fig. 18), the breastshield installation chamber of the main body (space inside 121, fig. 6 or space within the cover part of fig. 16-20) is provided with a second pipe joint (air hose) connected to an air path of the air pump, and the second pipe joint is detachably connected to the first pipe joint (see para. 0012, 0013, 0017, 0021-0023, 0094-0095, 0098).
With regards to claims 9 and 10, Kim teaches the use of Bluetooth communication with a module and a dedicated remote controller, see fig. 11 and 12 and para. 0079-0081.
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.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of Khalil et al. (US Patent Pub. 2013/0023821), Silver (US Patent 8,747,349), and Wang (US Patent 11,712,500).
Re. claim 2, Kim discloses the claimed invention except fails to explicitly disclose the hardness of the materials for the structures. Specifically, Kim fails to explicitly teach the breastshield includes a base made of a rigid material and a cover body made of a soft rubber, the diaphragm installation chamber is arranged on the base, the breast accommodating chamber and the nipple accommodating chamber are correspondingly arranged on the cover body, the base is connected to a periphery of the nipple accommodating chamber, and a milk channel from the nipple accommodating chamber to the milk collection container is arranged inside the base.
Khalil et al. discloses the breast interface (1) is made of a soft elastic material (silicone), the shell (6) is made from rigid plastic, the two membrane housing parts (2, 4) are made of stiff plastic and the membrane (3) is made of silicone (para. 0049-0050, 0054).
Silver discloses a breastshield being made from soft silicone material, such as silicone rubber (col. 4, ll. 61-65).
Wang discloses a hands-free wearable breast pump with a breastshield (31/30/40) that is detachable from the main body (10) and milk collection container (20). The breastshield includes multiple chambers for receiving the breast and nipple (31/311), a diaphragm installation chamber for receiving a diaphragm/airbag (40), a one-way valve (50), a chamber cover (15/151), see figs. 1, 4, 5, 8, 9 and 12, and respective columns. The nipple sleeve is soft and detachable (see col. 4, ll. 30-50).
Therefore, at the time of the effective filing date of the claimed invention it would have been obvious to modify the device of Kim with the teachings of Khalil et al. and Silver because Khalil et al. and Silver teaches the level of skill in the breast pump art as well as the benefit of using specific hardness/rigidity of structures for comfort and functionality. One of ordinary skill in the art would have found it obvious to modify the breastshield structure (110/140/141) of Kim to include a base made of a rigid material and add a cover body made of a soft rubber as taught by Khalil et al., Silver, and Wang because making the portion of the device the user contacts (the breast and nipple accommodating chambers) made of a soft rubber provides a more comfortable experience. Additionally, making the base portion of a rigid material allows the diaphragm and cover to be held in place and provides support, thus making the modification and obvious modification based on the prior art teachings and the level of skill in the art (as taught and suggested by Khalil and Wang). Additionally, it would have been obvious based on the combined device of Kim, Khalil et al. and Silver to have the diaphragm installation chamber is arranged on the base (as taught by Kim and Wang), the breast accommodating chamber and the nipple accommodating chamber are correspondingly arranged on the cover body (as taught by Kim and Wang), the base is connected to a periphery of the nipple accommodating chamber (taught by the arrangement of Kim and Wang and as modified above), and a milk channel (would inherently occur because of the arrangement of the structure) from the nipple accommodating chamber to the milk collection container is arranged inside the base because the arrangement is suggested by Kim and Wang, thus making the specific material and arrangement an obvious modification in view of Kim, Khalil et al., Silver and Wang.
With regards to claim 3, the combined device of Kim, Khalil et al., Silver and Wang as discussed in claim 2, discloses the base of the breastshield is provided with a third pipe joint for outputting milk (see Kim, fig. 6, the connection/space between 140/110), the main body is provided with a one-way valve (180) corresponding to the third pipe joint, and the third pipe joint is detachably connected to an inlet port of the one-way valve (see Kim, fig. 6).
With regards to claim 4, the combined device of Kim, Khalil et al., Silver and Wang as discussed in claim 3, discloses of the breastshield has a columnar main body (see Kim, 140, see fig. 6, 7), the third pipe joint extends from a side of the columnar main body, the breastshield installation chamber of the main body has a columnar connection chamber, an installation hole for the one-way valve is provided on a side of the columnar connection chamber, and the columnar main body is detachably connected to the columnar connection chamber (see Kim Fig. 6 and 7).
With regards to claim 5, the combined device of Kim, Khalil et al., Silver and Wang as discussed in claim 4, Kim discloses wherein one side of the columnar main body opposite to the third pipe joint is provided with a convex portion configured for user's fingers to move, and the convex portion extends to a mouth edge of the breastshield (see Kim, fig. 7 illustrate a convex portion opposite the third pipe joint that extends to a mouth edge of the breastshield of the modified device of claim 2 of Kim, Khalil et al., Silver and Wang).
Allowable Subject Matter
Claims 6-8 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 and fix any outstanding 112(b) rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW F DESANTO whose telephone number is (571)272-4957. The examiner can normally be reached M-F 7:30am-4pm(est.).
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Matthew DeSanto
/MATTHEW F DESANTO/
Primary Examiner, Art Unit 3700
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