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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered:
WO 2019/149486 (page 2, line 1)
US 201/328945 (page 2, line 10)
The information disclosure statement filed May 14, 2024, fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because:
The citation for US 20210268158 has been provided with the incorrect name of patentee of Weber et al. The correct name of patentee for US 20210268158 is O’Toole et al. Thus, it is unclear whether Applicant is intending to cite US 20210268158 or another document to Weber et al
It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “a time of flight measurement system” (claim 4, line 2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
Specification
The abstract of the disclosure is objected to because:
In line 1, “the start” should be changed to “a start”
In line 2, “the presence” should be changed to “a presence”
In line 2, “the first milk” should be changed to “a first milk”
In line 2, “the breast pump” should be changed to “the breast pump device”
In line 3, “the reflectance” should be changed to “a reflectance”
In line 3, “the base” should be changed to “a base”
In line 4, “the electromagnetic radiation” should be changed to “an electromagnetic radiation”
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1-3, 5-6, 9, and 11-12 are objected to because of the following informalities:
In regards to claim 1, line 2, “comprising:” should be changed to “the collection vessel system comprising:”.
In regards to claim 1, line 5, “the start” should be changed to “a start”.
In regards to claim 1, line 8, “electromagnetic radiation” should be changed to “the electromagnetic radiation”.
In regards to claim 1, line 14, “the combination” should be changed to “a combination”.
In regards to claim 2, line 2, a second recitation of “visible light” should be changed to “the visible light”.
In regards to claim 3, line 2, a second recitation of “infrared light” should be changed to “the infrared light”.
In regards to claim 5, line 2, “thereby” should be changed to “by the sensor system”.
In regards to claim 5, lines 2-3, “the change in reflectance” should be changed to “the change from the first reflectance to the milk reflectance”.
In regards to claim 6, line 2, “the change in reflectance” should be changed to “the change from the first reflectance to the milk reflectance”.
In regards to claim 6, lines 2-3, “the of flight measurements” should be changed to “the time of flight measurement”.
In regards to claim 9, line 5, “a stimulation mode” should be changed to “the stimulation mode”.
In regards to claim 9, lines 5-6, “an expression mode” should be changed to “the expression mode”.
In regards to claim 11, line 1, “computer program code” should be changed to “a computer program code”.
In regards to claim 11, line 4, “a collection vessel system” should be changed to “the collection vessel system”.
In regards to claim 11, line 5, “a sensor system” should be changed to “the sensor system”.
In regards to claim 11, line 6, “a base” should be changed to “the base”.
In regards to claim 11, line 6, “a collection vessel” should be changed to “the collection vessel”.
In regards to claim 11, lines 6-7, “electromagnetic radiation” should be changed to “the electromagnetic radiation”.
In regards to claim 12, line 2, “a stimulation mode” should be changed to “the stimulation mode”.
In regards to claim 12, lines 2-3, “an expression mode” should be changed to “the expression mode”.
Appropriate correction is required.
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 1-14 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.
In regards to claim 1, line 17 recites “the first reflectance”. Claim 1, line 11 previously recites “a first reflectance”, and claim 1, line 15 previously recites “a first reflectance”. It is unclear which first reflectance is being referred to in claim 1, line 17. Claims 2-12 are rejected by virtue of being dependent upon claim 1.
In regards to claim 1, line 18 recites “an empty collection vessel”. Claim 1, line 3 previously recites “a collection vessel”. It is unclear whether the two recitations are the same, related, or different. Claims 2-12 are rejected by virtue of being dependent upon claim 1.
In regards to claim 1, lines 18-19 recite “a collection vessel containing milk”. Claim 1, line 3 previously recites “a collection vessel”. It is unclear whether the two recitations are the same, related, or different. Claims 2-12 are rejected by virtue of being dependent upon claim 1.
In regards to claim 2, line 2 recites a first recitation of “visible light”. Claim 2 depends upon claim 1. Claim 1, lines 7-8 recite “electromagnetic radiation”. It is unclear whether the two recitations are related or different.
In regards to claim 3, line 2 recites a first recitation of “infrared light”. Claim 3 depends upon claim 1. Claim 1, lines 7-8 recite “electromagnetic radiation”. It is unclear whether the two recitations are related or different.
In regards to claim 11, lines 7-8 recite “a collection vessel containing milk”. Claim 11 depends upon claim 9, which depends upon claim 8, which depends upon claim 1. Claim 1, line 3 previously recites “a collection vessel”. It is unclear whether the two recitations are the same, related, or different. Claim 12 is rejected by virtue of being dependent upon claim 11.
In regards to claim 13, line 5 recites “a collection vessel containing milk”. Claim 13, lines 1-2 previously recite “a collection vessel”. It is unclear whether the two recitations are the same, related, or different. Claim 14 is rejected by virtue of being dependent upon claim 13.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 11-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to a computer program comprising computer program code, which is a product that has not have a physical or tangible form and does not have any structural recitations.
Claims 13-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) “A controller for determining a start of milk collection into a collection vessel, wherein the controller is adapted to: receive data from a sensor system, sensing a change in reflectance of a base of the collection vessel to electromagnetic radiation used by the sensor system from below 20% to a reflectance indicative of a collection vessel containing milk; and interpret the received data to determine the start of milk collection and generate an output based on the determined start of milk collection. The controller of claim 13, adapted to interpret the received data by analyzing convergence times of time of flight sensor data”, which is able to be performed in the human mind as a mental process involving evaluations, judgements, or opinions. This judicial exception is not integrated into a practical application because there are no additional claim elements that integrate the abstract idea into a practical application. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because there are no additional claim elements.
Allowable Subject Matter
Claims 1-10 would be allowable if rewritten or amended 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.
In regards to independent claim 1, the prior art of record does not disclose or render obvious before the effective filing date of the claimed invention the combination of a collection vessel system for use with a breast pump, as claimed, specifically including wherein: the base of the collection vessel when empty has a first reflectance to the emitted electromagnetic radiation below 20%; or the collection vessel system comprises a support on which the collection vessel is mounted in use, and the combination of the base of the collection vessel and the support, when the collection vessel is empty, has a first reflectance to the emitted electromagnetic radiation below 20%, and wherein the sensor system is adapted to detect a change from the first reflectance to a milk reflectance, thereby to identify when there is a change from an empty collection vessel to a collection vessel containing milk.
Analytis et al (US 2019/0328945) teaches a collection vessel system (Figure 1) for use with a breast pump, comprising:
a collection vessel (100) for collecting milk expressed during use of the breast pump, the collection vessel having a base (Figure 1)
a sensor system (115a/115b) for sensing the start of milk expression into the collection vessel
wherein the sensor system comprises an emitter for emitting electromagnetic radiation towards the base and a sensor for receiving electromagnetic radiation reflected from the base (paragraph [0035])
wherein:
the base of the collection vessel when empty has a first reflectance to the emitted electromagnetic radiation (Figure 1); or
the collection vessel system comprises a support (620) on which the collection vessel (600) is mounted in use (Figure 6), and the combination of the base of the collection vessel and the support, when the collection vessel is empty, has a first reflectance to the emitted electromagnetic radiation (Figures 1, 6)
Analytis et al is silent about the base of the collection vessel when empty has the first reflectance to the emitted electromagnetic radiation specifically “below 20%” or the combination of the base of the collection vessel and the support, when the collection vessel is empty, has the first reflectance to the emitted electromagnetic radiation specifically “below 20%”, “wherein the sensor system is adapted to detect a change from the first reflectance to a milk reflectance, thereby to identify when there is a change from an empty collection vessel to a collection vessel containing milk”, as Analytis et al instead teaches “sensor 115a and sensor 115b may be used to determine an amount of time between when a beam of light is emitted and when a reflection of the beam of light is detected. By simple calculation using the known constant for the speed of light, a computer processor associated with sensor 115a and sensor 115b may determine a distance between sensor 115a and sensor 115b and a level of liquid collected within fluid collection receptacle 100 (paragraph [0036]).
Thus, independent claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b). Dependent claims 2-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b), by virtue of being dependent upon independent claim 1.
Conclusion
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/SHEFALI D PATEL/Primary Examiner, Art Unit 3783
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