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 certified copy has been filed in parent Application No. PCT/CN2024/071574, filed on 10 January 2024.
Information Disclosure Statement
Examiner notes that there is no IDS currently on file.
Status of the Claims
Claims 1-16 are currently pending. Claims 4, 9, 12, and 15 are objected to. Claims 1-3 are rejected. Claims 4-16 contain allowable subject matter.
Claim Objections
Claims 4, 9, and 15 are objected to because of the following informalities:
Claim 4 line 4 reads “assembeld”. This should read “assembled” instead.
Claim 9 line 3 reads “plates are arranged at amd protrude from an inner wall”. This should read “plates are arranged at [[amd]]and protrude from an inner wall”.
Claim 12 line 4 reads “an outer circumferntial surface”. This should read “an outer circumferential surface”
Claim 15 line 3 reads “main body ismounting in the airbag mounting groove”. This should read “main body is mounted in the airbag mounting groove”
Appropriate correction is required.
Claim Rejections - 35 USC § 102/103
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 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Chen et al (CN 114767972 A; hereafter Chen) or, in the alternative, under 35 U.S.C. 103 as obvious over Chen in view of Dao et al (US 20080208116 A1). Text reference is made to the included pdf Espacenet English Translation of Chen.
Regarding claim 1, Chen discloses a three-way connecting assembly for a wearable breast pump ([n0028] A wearable breast pump consists of a main unit assembly 1 and an integrated breast pump assembly that are snapped together), the three-way connecting assembly comprising:
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a three-way connector (air path support 5 and integrated functional component 2, fig. 1 shows disassembled version, figs. 5 and 2 show detailed views, fig. 6 shows partial assembly including both parts, [n0026]), provided with a channel (see annotated figs. 5 and 6), a milk sucking port (see annotated figs. 5 and 6, note that the milk sucking port must be present as indicated to allow for the flow of milk from the breast through the milk outlet 53 into the milk container 4), a negative pressure port (negative pressure chamber 51, fig. 5, [0035]) and a milk outlet (milk outlet 53, fig. 5, [0035]), the milk sucking port (see annotated figs. 5 and 7), the negative pressure port (51, fig. 5) and the milk outlet (53, fig. 5) are spaced apart and are all connected with the channel (see figs. 5 and 7 which show that each of the milk outlet 53, negative pressure port 51, and milk sucking port face different directions with respect to the connecting channel noted in annotated figs. 5 and 7); and
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a diaphragm holder (integrated functional component 2, fig. 2, [n0030]) connected with the three-way connector (see assembly in fig. 6, see [n0030] “integrated functional component 2 is embedded in the airway support 5”), wherein the diaphragm holder comprises a hollow plug-in part (portion of integrated functional component above the dotted lines surrounding the butterfly-shaped airbag 23, see annotated fig. 2, [n0030]), a connecting part (portion of integrated functional component 2 between the dotted lines in annotated fig. 2, [n0030]) and an elastic diaphragm (one-way valve 21 shown below the dotted lines in annotated fig. 2, [n0031]), the connecting part connects the hollow plug-in part and the elastic diaphragm (see annotated fig. 2), the hollow plug-in part is inserted in the negative pressure port ([n0030] “butterfly-shaped airbag 23 of the integrated functional component 2 is embedded in the negative pressure chamber 51 at the top of the airway support 5”; note that fig. 7 shows upper portion of functional component 2 cooperating with negative pressure chamber 51),
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the hollow plug-in part (see annotated fig. 2) and the elastic diaphragm (see annotated fig. 2) are respectively located at two opposite sides of the three-way connector (see partial assembly including three-way connector 5 and diaphragm holder 2 in fig. 6), and the elastic diaphragm (21) is attached to the milk outlet (53) ([n0030] the one-way valve 21 of the integrated functional component 2 is snapped below the milk outlet 53 of the airway support 5).
Chen discloses the elastic diaphragm in that [n0030] “the one-way valve 21 of the integrated functional component 2 is snapped below the milk outlet 53 of the airway support 5”. Examiner notes that in order to function as a one-way valve, the part 21 must deflect to allow milk to pass through the milk outlet and then return to its original position to prevent milk from passing back through the milk outlet. However, Chen does not explicitly describe the material of the one-way valve 21 as elastic.
Dao, in the art of breast pumps, teaches a one-way valve (flap valve 256, fig. 18, [0115]) for a milk outlet (apertures 264, 264a, and 264b; fig. 18; [0116] “valve flap 256 opens during the positive pressure cycle of the pump allowing the expressed milk to flow through apertures 264, 264a and 264b and into the collection volume 230 of reservoir 218”) which is an elastic diaphragm ([0115] “The flap valve 256 may be molded from a soft, flexible rubber-like plastic”).
It would have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to modify the one-way valve of Chen to be an elastic diaphragm as taught by Dao, since both references deal with breast pumps having one-way valves formed by flaps engaging an opening to a milk collection reservoir. One would have been motivated to make the modification because the soft flexible material taught by Dao, which elastically returns to its position as described in [0115-0116] when milk is not being collected, ensures that no milk flows back toward the breast when suction is applied to the breast, and that the valve is capable of opening and closing multiple times.
Regarding claim 2, Chen discloses the three-way connecting assembly as claimed in claim 1 and further discloses wherein the connecting part is located outside the negative pressure port (see annotated fig. 2 and note that the connecting part does not engage with the negative pressure port 51 shown in fig. 6).
Regarding claim 3, Chen discloses the three-way connecting assembly as claimed in claim 1 and further discloses wherein the elastic diaphragm and the milk outlet are arranged along a height of the three-way connector, and the elastic diaphragm is located below the milk outlet (see annotated fig. 6 which shows that the elastic diaphragm is located below the milk outlet).
Allowable Subject Matter
Claims 4-16 are allowed.
The following is an examiner’s statement of reasons for allowance:
Chen is considered the closest prior art and teaches most of the limitations of claim 4 (see similar limitations mapped above in art rejection of claims 1-3). Chen is silent to a milk container having a vent hole and an airbag mounting groove.
Fang (CN-212699863-U) teaches (see figures 2 and 3) a milk bowl 15 that itself forms a three-way connector, note that an airbag is inserted into the cavity 52. This still does not show a milk container connected both to a milk inlet and a vent hole.
Lou (CN-117138143-A) teaches (see figure 5) a milk bowl 3 which houses a three-way connector 4 and an airbag 5, and the “airbag mounting groove” could be interpreted as part 35. Then, the opening 36 could be interpreted as a vent hole connected to the airbag mounting groove 35, but the reference still fails to teach a vent hole in a hollow plug-in part as claimed.
Fang (CN-212631316-U) teaches (see figures 1 and 2) a milk bowl 1 which has a first vent end 51 and a seat body in which is received an elastic film 55 (airbag), and the first vent end 51 is connected with the third end 43 of the three-way piece 2. However, this reference fails to teach a hollow plug-in part of a diaphragm holder.
Dao, also cited above, also does not teach a vent hole (of a milk container) in a hollow plug-in part (of a diaphragm holder) in a negative pressure port (of a three-way connector).
None of the prior art fairly teaches a vent hole (of a milk container) in a hollow plug-in part (of a diaphragm holder) in a negative pressure port (of a three-way connector) in whole or in part in such a way that would be obvious to combine with Chen or otherwise to arrive at all claim limitations of independent claim 4. Claims 5-16 are likewise allowed for depending on and incorporating the allowable subject matter of claim 4.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISABELLA NORTH whose telephone number is (703)756-5942. The examiner can normally be reached M-F 7:30-5:00.
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/I.S.N./Examiner, Art Unit 3783
/JASON E FLICK/Primary Examiner, Art Unit 3783 09/03/2026
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