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.
Election/Restrictions
Claims 1-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected vention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/30/2026.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification
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.
Claim(s) 13,14 and 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Quakenbush IS 9,913,780 in view of Tarsia WO 2021/043990.
Claim 13 claims a nonnutritive infant suckling device having a nipple with a proximal end and a distal end with a section along its longitudinal length between the ends completely filled except for an interior volume having and an areola portion connected to the distal end of the nipple portion where the areola portion defines an open volume contiguous with the open volume of the nipple portion where the nipple portion and areola portion are constructed of a sincle low durometer elastomer having a hardness of Shore A1 to Shore A30. Quackenbush claim a a diameter between about 2mm and 6mm.
Quackenbush teaches a bite safe teat (see Fig 3 with a nipple portion 12 filled 39 except for a duct 19 from a distal end to a proximal end and duct or open interior volume 16 with a diameter of 2mm as claimed. An areola portion is connected to the distal end of the nipple portion and has an open interior volume I contiguous ti=wth the nipple open interior volume. Quackenbush also teaches a nipple durometer of Shore A1 to Shore A20.
Although there is no suggestion for a nonnutrietive use if the nipple, Tarsia WO 2021/043990 discloses a nipple of similar structure (Fig 1-4) with a nipple portion having an open duct also connected with an areola portion and comprised of a silicone material as is discussed with regard to nipple 100 and further suggest the use of such a nutritive nipple as a non nutritive infant suckling device or pacifier 600 as shown in Figure 21 and 22. Note also the two layer shield 62,63 and handle 66.
It would have been obvious to one of ordinary skill in the art at the effective date of the invention to have modified the nipple of Quackenbush to also be used as a pacifier in view of such teaching of Tursia.
In regard to claim 14, note the the layers 62,63 of Tursia.
Regarding claims 20 and 21, note the title of Quackenbush.
Silicone in claim 22 ia suggested by both references.
Claims 15 and 16-19 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.
Tarsia does not suggest the structure of the top layer of the nipple shield as claimed in claim 15.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUE A WEAVER whose telephone number is (571)272-4548. The examiner can normally be reached M-F 6-10:30 AM EDT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness, Ph.D., can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SUE A WEAVER/Primary Examiner, Art Unit 3733
Prosecution Insights