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 1-6, 8, 10-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Looney et al. (US 2018/0126052) (“Looney”).
Looney discloses: A wearable lactation aid apparatus, comprising: a nipple cone 307; a compression device 301; and a shield 302 connected to the nipple cone, wherein the compression device is positioned between the shield and the nipple cone. [0048] Figs 13-17
further comprising: a suction pump 317 connected to the shield and in fluid communication with the nipple cone; and a collection container 308 in fluid communication with the suction pump and positioned between the shield and the suction pump.
the compression device is an inflatable bag 304,305, the apparatus further comprising an air pump 317(within 303);309,306 connected to the inflatable bag. [0047]
the compression device is an inflatable bag, the apparatus further comprising: a pump 317(within 303);309,306 connected to the shield and to the inflatable bag; a collection container 308 in fluid communication with the pump and positioned between the shield and the pump; a first pressure valve in fluid communication with the collection container and the pump and positioned between the collection container and the pump; and a second pressure valve in fluid communication with the inflatable bag and the pump and positioned between the inflatable bag and the pump. Fig 17
the shield and the nipple cone form a reservoir in fluid communication with the collection container. Figs 13,15
the inflatable bag comprises stitching 217 forming a plurality of chambers within the inflatable bag. Figs 13,14
the nipple cone includes a trunk extending through an orifice in the compression device, the trunk connected to the shield. Fig 15
the nipple cone comprises a trunk extending from a flexible flange, wherein the inflatable bag comprises an outer surface opposite a user facing inner surface, and wherein the flexible flange abuts the inner surface and the shield abuts the outer surface. Figs 13,15
claims 11-18 are rejected as above:
A system for expressing and collecting breast milk from a lactating user, comprising: an inflatable bag positioned on a breast of the user; a pump connected to the inflatable bag and configured to repeatedly inflate and deflate the inflatable bag to apply and release compression on the breast; a nipple cone positioned on the breast of the user and extending through the inflatable bag for connection to a shield; and the pump connected to the shield and in fluid communication with a collection container positioned between the pump and the shield.
the shield and the nipple cone form a reservoir in fluid communication with the collection container.
the pump comprises a suction pump connected to the shield and in fluid communication with the nipple cone and an air pump connected to the inflatable bag.
further comprising a first pressure valve in fluid communication with the collection container and the pump and positioned between the collection container and the pump and a second pressure valve in fluid communication with the inflatable bag and the pump and positioned between the inflatable bag and the pump.
the inflatable bag comprises stitching in a spiral pattern, the stitching forming a plurality of chambers within the inflatable bag.
further comprising a backflow prevention device 318 connected to the pump and the collection container.
A method for expressing and collecting breast milk, the method comprising: applying and releasing compression pressure with a compression device positioned on a breast of a lactating user to express breast milk; and collecting the expressed breast milk in a collection container with suction applied to a shield connected to the compression device.
further comprising: pooling the expressed breast milk in a reservoir formed by a nipple cone and the shield, the nipple cone extending through the compression device and connected to the shield.
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.
Claims 7, 9, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Looney in view of Morton et al. (US 2003/0073951) (“Morton”).
Looney discloses the invention as substantially claimed but does not directly disclose the inflatable bag includes a hook and loop fastener configured to fix the inflatable bag into a cone shape from a flat shape. Morton, in the analogous art, similarly teaches an inflatable bladder support [0093]. The support is adjustable in size via a flexible structure with hook and loop fasteners to accommodate a wide variety of patients [0093-0095]. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the inflatable bag as taught by Looney with hook and loop fasteners to secure as taught by Morton to secure the device in a way to accommodate a variety of sized patients.
Morton also teaches a heating element removably connected to the compression device [0056,0063]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANNA K HALL whose telephone number is (571)272-2819. The examiner can normally be reached M-F 8:30am- 4:30pm EST.
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/DEANNA K HALL/Primary Examiner, Art Unit 3783
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