Prosecution Insights
Last updated: October 25, 2026
Application No. 19/431,967

BREAST PUMP

Non-Final OA §103§112
Filed
Dec 23, 2025
Priority
Apr 05, 2018 — RE 10-2018-0039783 +3 more
Examiner
FREHE, WILLIAM R
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Shenzhen Shijiebao Trading Co. Ltd.
OA Round
3 (Non-Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
2y 11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
236 granted / 395 resolved
-10.3% vs TC avg
Strong +42% interview lift
Without
With
+42.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
43 currently pending
Career history
456
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
54.7%
+14.7% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
25.9%
-14.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 395 resolved cases

Office Action

§103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/08/2026 has been entered. 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, the main wall, first wall, second wall, third wall and fourth wall (recited in Claim 1) and the flared part and flange (recited in Claim 4) 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. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "6" and "8c" have both been used to designate the second protrusion (See figures 2 and 4). 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. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: In Fig. 4, element 6. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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 the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 4 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 4 recites the limitation “wherein the contact housing comprises a flared body extending between the protruding part and a flange; the storage housing comprises a main opening defined by a peripheral rim; and the flange is coupled to the peripheral rim by an interference fit.” Applicant’s specification and figures do not appear to support such a limitation. Appropriate correction and/or clarification is required. 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 1-19 and 21 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 “a storage housing having an exterior profile that is at least partially dome-shaped, defining a milk storage space” in Lines 5-6. It is unclear from this limitation what defines the milk storage space, the storage housing or exterior profile. For purposes of examination, the storage housing is being considered as defining the milk storage space. Claims 2-19 and 21 are rejected by virtue of their dependence on Claim 1. Appropriate correction and/or clarification is required. Claims 1-19 and 21 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 main wall extending toward a lower portion of the storage housing” in Lines 11-12. A lower portion of the storage housing has not been defined and it is unclear what would constitute a lower or upper portion of a wearable breast pump. Claims 2-19 and 21 are rejected by virtue of their dependence on Claim 1. Appropriate correction and/or clarification is required. 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 1-11, 13-19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Park (USPGPub 2018/0104396) in view of Yuen (USPGPub 2005/0228342) above, and further in view of Tashiro et al. (USPGPub 2009/0254029). Re Claim 1, Park teaches a breast pump (Park Figs. 1-2) comprising: a contact housing (100), comprising a protruding part (110) configured to correspond to a mother's nipple (as seen in Park Fig. 7); a storage assembly, comprising: a storage housing (700) having an exterior profile that is at least partially dome-shaped (as seen in Park Fig. 7), defining a milk storage space (700-2) configured to store milk from the mother's nipple (Park ¶ 0038, 0042), comprising a main wall (walls defining milk storage space 700-2) having an outwardly convex exterior surface and an interior surface facing towards the contact housing (100) (Park Annotated Fig. 2 below), the main wall extending toward a lower portion of the storage housing (700) and at least partially surrounding the milk storage space (700-2), a first wall adjacent to the at least partially dome-shaped main wall, a second wall adjacent to the first wall and extending transversely relative to the first wall, and a first opening (410-1) extending through the first wall and entirely bounded by the first wall so as to define a continuous closed perimeter; and a first opening (410-1) extending through the first wall and entirely bounded by the first wall so as to define a continuous closed perimeter (Park Annotated Fig. 2 below). Park further teaches a space-defining structure (200, 300, 400), at least partially disposed in the storage housing (700), defining an inner space (200-1, 501) linked with the first opening (410-1), the protruding part (110), and the milk storage space (700-2) (Park ¶ 0038); wherein the space-defining structure (200, 300, 400) comprises a milk receiving opening (210) connected in fluid communication with the inner space (200-1, 501) and the protruding part (110) (as seen in Park Annotated Fig. 2 below), and a valve structure (600) connecting the inner space (200-1, 501) with the milk storage space (700-2) to discharge the milk (Park Annotated Fig. 2; ¶ 0038, 0042); a flow separation member (500), dividing the inner space (200-1, 501) into a first space portion (200-1, 501-1) and a second space portion (501-2), the first space portion (200-1, 501-1) being in fluid communication with the protruding part (110) and the valve structure (600), the second space portion (501-2) linked with the first opening (410-1) and configured to receive negative air pressure (Park ¶ 0039, 0054; Park Annotated Fig. 2 - wherein a negative air pressure travels through air tube 420 and through opening 410-1 inside storage housing 700); and a pump assembly (800) comprising a pump configured to generate the negative air pressure (Park ¶ 0049) and a second opening (410) in connection with the pump to transmit the negative air pressure (Park ¶ 0054). However, Park fails to teach the pump assembly comprising a pump and a pump housing, the pump assembly is coupled to the storage housing through the first opening, and the pump housing accommodates the pump and comprises: a third wall facing the first wall, a fourth wall facing the second wall. Yuen teaches a breast pump (10) comprising a storage housing (17) and a pump assembly (19) (Yuen Figs. 1-2; ¶ 0024-0025; Annotated Fig. 2 below), the pump assembly (19) comprising a pump (42) and a pump housing (22), the pump assembly (19) coupled to the storage housing (17) through a first opening (Yuen Fig. 10; ¶ 0034 - hose connected to conduit 72), the pump housing (22) accommodating the pump (42) (Yuen ¶ 0025) and comprising a third wall (22-3) facing a first wall (16-1), a fourth wall (22-2) facing the second wall (16-2) (Yuen Annotated Fig. 2 below), wherein the configuration comprises a more compact design for the pump connected directly with the storage housing (as seen in Yuen Annotated Fig. 2 below). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the storage housing and pump assembly of Park such that the pump assembly comprises a pump and a pump housing, the pump assembly is coupled to the storage housing through the first opening, and the pump housing accommodates the pump and comprises: a third wall facing the first wall, a fourth wall facing the second wall as disclosed by Yuen wherein the configuration comprises a more compact design (as seen in Yuen Annotated Fig. 2 below). Park in view of Yuen also fail to disclose a second protrusion formed as a continuous closed loop surrounding the second opening, airtightly coupled with the flow separation member and extending into the second space portion via the first opening, forming an air pressure pathway between the pump, the second opening and the second space portion to transmit the negative air pressure, wherein an area enclosed by the second protrusion is substantially greater than an area of the second opening. Tashiro teaches a breast pump (20) comprising a storage housing (50) defining a milk storage space (47), said storage space (47) comprising a first external surface with a first opening (opening in case 31 of Tashiro Fig. 3b), a protrusion (37) formed as a continuous closed loop surrounding the second opening (38), airtightly coupled with a flow separation member (32) and extending into the second space portion via the first opening (as seen in Tashiro Fig. 2), forming an air pressure pathway between the pump (51), a second opening (38) and the second space portion to transmit negative air pressure wherein an area enclosed by the protrusion (37) is substantially greater than an area of the second opening (38), the protrusion (37) for preventing a flow separation member (32) from sticking to the surface of the storage housing (Tashiro ¶ 0099). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the breast pump of Park in view of Yuen to comprise a second protrusion formed as a continuous closed loop surrounding the second opening, airtightly coupled with the flow separation member and extending into the second space portion via the first opening, forming an air pressure pathway between the pump, the second opening and the second space portion to transmit the negative air pressure, wherein an area enclosed by the second protrusion is substantially greater than an area of the second opening, the configuration wherein the protrusion prevents a flow separation member from sticking to the surface of the storage housing (Tashiro ¶ 0099). PNG media_image1.png 361 400 media_image1.png Greyscale PNG media_image2.png 589 642 media_image2.png Greyscale Re Claim 2, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park further teaches wherein operating the pump assembly (800) renders: air of the second space portion (501-2) to be sucked into the pump assembly (800) through the second opening (410), the flow separation member (500) to deform thereby reducing a volume of the second space portion (501-2), the first space portion (200-1, 501-1) to be expanded to form a vacuum pressure (Park Figs. 7-8), and the vacuum pressure to be transferred to the protruding part (110) to act as a force for extracting the milk from a mother's breast (Park ¶ 0053-0057). Re Claim 3, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the protruding part (110) extends toward the milk receiving opening (210) along a target direction (Park Figs. 7-8); the contact housing (100) has a first projection (100-1) along the target direction and pointing towards the main wall (Park Annotated Fig. 2 above). Re Claim 4, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 3. Park teaches wherein the contact housing (100) comprises a flared body (100-2) extending between the protruding part (110) and a flange (100-1) (Park Annotated Fig. 2 above); the storage housing (700) comprises a main opening defined by a peripheral rim (700-1); and the flange (100-1) is coupled to the peripheral rim (700-1) by an interference fit (Park Annotated Fig. 2 above). Re Claim 5, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the flow separation member (500) is container-shaped and defines at least a portion of the second space portion (501-2) of the inner space (200-1, 501) (Park Annotated Fig. 2 above). Re Claim 6, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the valve structure (600) is a silicone one-way flow valve with one end comprising a cut line, so that the milk flows directly into the milk storage space (700-2) from the cut line (Park ¶ 0044). Re Claim 7, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the milk receiving opening (210) is airtightly coupled to the protruding part (110) (Park Figs. 7-8). Re Claims 8 and 9, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the space-defining structure (200, 300, 400) comprises: a first space-defining member (200) and a second space-defining member (300): the first space-defining member (200) comprises the milk receiving opening (210) and is connected with the second space-defining member (300) (Park Annotated Fig. 2 above); and the second space-defining member (300) connects to the first opening (410-1) (connected via cover (400); and wherein the first space-defining member (200) and the second space-defining member (300) are integrally formed (as seen in Park Figs. 2-4). Re Claim 10, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 8. Park teaches wherein the valve structure (600) is a silicone one-way flow valve comprising a first end coupled to the first space-defining member (200) and a second end comprising a cut line, so that the milk flows directly into the milk storage space through the cut line (Park Fig. 5; ¶ 0044 - duckbill valve). Re Claim 11, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein an upper portion of the storage housing (700) comprises a milk outlet configured to discharge stored milk from the milk storage space without disassembling of the breast pump (wherein 410-1 of Park Annotated Fig. 2 above may serve as a milk outlet). Re Claim 13, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the inner space (200-1, 501) is in the milk storage space (700-2). Re Claim 14, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the contact housing (100) further comprises a contact surface (100-2) configured to contact the mother's skin (as seen in Park Figs. 7-8), wherein the contact surface (100-2) is shaped to substantially to conform to a natural curve of a portion of the mother breast that is in contact with the contact surface (100-2) (as seen in Park Figs. 7-8). Re Claim 15, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park fails to teach wherein the pump housing comprises: an external case. Yuen teaches wherein the pump housing (22) has an external casing for protecting the pump therein (as seen in Yuen Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have had the pump housing of Park in view of Yuen above, and further in view of Tashiro comprise an external casing as disclosed by Tashiro for protecting the pump therein (as seen in Yuen Fig. 1). Park in view of Yuen fail to teach a lid comprising the second opening and the second protrusion, and airtightly coupled with the external case. Tashiro teaches a lid (35) comprising the second opening (38) and the second protrusion (37), and airtightly coupled with an external case (52) of a pump (51) wherein the lid seals the second space portion (Tashiro ¶ 0080; Figs. 1 and 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the pump assembly of Park in view of Yuen above, and further in view of Tashiro to include a lid comprising the second opening and the second protrusion, and airtightly coupled with the external case as disclosed by Tashiro wherein the lid seals the second space portion (Tashiro ¶ 0080; Figs. 1 and 2). Re Claim 16, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the storage housing (700) is a one-piece structure (Park Figs. 7-8). Re Claim 17, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 5. Park teaches wherein the flow separation member (500) is airtightly in contact with the first opening (410-1) (wherein flow separation membrane 500 connects with cover 400 that connects to first opening). Re Claim 18, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 5. Park in view of Yuen fail to teach wherein the second protrusion extends into the portion of the second space portion defined by the flow separation member and airtightly couples with the flow separation member. Tashiro teaches wherein the second protrusion (37) extends into the portion of second space portion defined by the flow separation member (32) and airtightly couples with the flow separation member (32) for preventing a flow separation member (50) from sticking to the surface of the storage housing (50) (Tashiro ¶ 0099). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the second protrusion of Park in view of Yuen above, and further in view of Tashiro to extend into the portion of second space portion defined by the flow separation member and airtightly couples with the flow separation member as disclosed by Tashiro for preventing a flow separation member (50) from sticking to the surface of the storage housing (Tashiro ¶ 0099). Re Claim 19, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 5. Park in view of Yuen fail to teach wherein the storage housing further comprises a first protrusion surrounding the first opening; the second protrusion inserts into the first protrusion. Tashiro teaches the storage housing (50) further comprises a first protrusion (35a) surrounding the first opening (Tashiro Fig. 2); the second protrusion (37) inserts into the first protrusion (35a), the configuration for securing the flow separation member (as seen in Tashiro Fig. 2; ¶ 0067). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the storage housing of Park in view of Yuen above, and further in view of Tashiro to comprise a first protrusion surrounding the first opening; the second protrusion inserts into the first protrusion as disclosed by Tashiro for securing the flow separation member (as seen in Tashiro Fig. 2; ¶ 0067). Re Claim 21, Park in view of Yuen above, and further in view of Tashiro teach all of the limitations of Claim 1. Park in view of Yuen fail to teach wherein the flow separation member is airtightly in contact with the first opening; the first opening receives the second protrusion such that the second protrusion extends into the first opening and airtightly couples with the flow separation member; and the first opening is disposed along the air pressure pathway such that the negative air pressure is transmitted from the second opening through the first opening to the second space portion. Tashiro teaches wherein the flow separation member (32) is airtightly in contact with the first opening (opening in case 31 of Tashiro Fig. 3b); the first opening receives the protrusion (37) such that the protrusion (37) extends into the first opening and airtightly couples with the flow separation member (32); and the first opening (opening in case 31 of Tashiro Fig. 3b) is disposed along an air pressure pathway such that the negative air pressure is transmitted from the second opening (38) through the first opening to the second space portion, the configuration for preventing the flow separation member (32) from sticking to the surface of the storage housing (Tashiro ¶ 0099). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the flow separation member and first opening of Park in view of Yuen above, and further in view of Tashiro such that the flow separation member is airtightly in contact with the first opening; the first opening receives the second protrusion such that the second protrusion extends into the first opening and airtightly couples with the flow separation member; and the first opening is disposed along the air pressure pathway such that the negative air pressure is transmitted from the second opening through the first opening to the second space portion, the configuration as disclosed by Tashiro for preventing the flow separation member (50) from sticking to the surface of the storage housing (Tashiro ¶ 0099). Response to Arguments Applicant’s arguments filed 09/08/2026 with respect to claim objections and 112 indefinite rejections have been fully considered and are persuasive. Due to clarrifications, all claim objections and 112 indefinite rejections are hereinafter withdrawn. Applicant's arguments filed 09/08/2026 have been fully considered but they are not persuasive. Applicant’s arguments directed to 103 rejections begin on Page 9 of the response. In the middle of Page 10, applicant argues primary reference Park fails to teach “the pump assembly is coupled to the storage housing through the first opening.” Park is not relied upon to teach said limitation. On Page 11 of the response, applicant argues Park fails to disclose “a first opening extending through the first wall and entirely bounded by the first wall so as to define a continuous closed perimeter,” as recited in claim 1. However, Park’s opening does extend through a first wall and said first opening is defined by a continuous closed perimeter after the contact housing 100 is connected to the storage housing 700. Furthermore, the limitation “so as to define a continuous closed perimeter” is a mere design as it fails to provide any novelty over the prior art and would serve to function the same as the first opening not having a closed perimeter. On Page 13 of the response, applicant argues secondary reference Yuen fails to disclose “a first opening extending through the first wall and entirely bounded by the first wall so as to define a continuous closed perimeter.” However, as described above with regard to primary reference Park teaching said limitation, Yuen is not relied upon to teach “a first opening extending through the first wall and entirely bounded by the first wall so as to define a continuous closed perimeter.” With regard to the limitation “the pump assembly is coupled to the storage housing through the first opening,” Yuen teaches the pump assembly (19) coupled to the storage housing (17) through a first opening (Yuen Fig. 10; ¶ 0034 – hose connected to conduit 72). Applicant’s arguments move to secondary reference Tashiro in the middle of Page 13. Applicant argues Tashiro fails to teach “a second protrusion formed as a continuous closed loop surrounding the second opening, airtightly coupled with the flow separation member and extending into the second space portion via the first opening, forming an air pressure pathway between the pump, the second opening and the second space portion to transmit the negative air pressure, wherein an area enclosed by the second protrusion is substantially greater than an area of the second opening” as disclosed in Claim 1 of the present case. Examiner disagrees where Tashiro teaches a breast pump (20) comprising a storage housing (50) defining a milk storage space (47), said storage space (47) comprising a first external surface with a first opening (opening in case 31 of Tashiro Fig. 3b), a protrusion (37) formed as a continuous closed loop surrounding the second opening (38), airtightly coupled with a flow separation member (32) and extending into the second space portion via the first opening (as seen in Tashiro Fig. 2), forming an air pressure pathway between the pump (51), a second opening (38) and the second space portion to transmit negative air pressure wherein an area enclosed by the protrusion (37) is substantially greater than an area of the second opening (38). Tashiro’s protrusion (37) is wider than and thus would constitute a larger area than that of the second opening (38). On Page 14 of the response, applicant’s arguments turn to new Claim 21. Examiner relies upon secondary reference Tashiro to make obvious said limitation. Applicant’s argument that “Tashiro distributes the analogous sealing, pneumatic-communication, and anti-sticking relationships among flange part 32a, attachment part 38/pipe 43, and rib 37” is unconvincing where attachment part 38 is interpreted as a second protrusion and maintains the deforming member within the second opening. On Page 15 of the response, applicant argues that examiner has relied upon hindsight reconstruction. Examiner disagrees where applicant’s have relied upon prior art Park as a blueprint for the device of the present case, using similar figures and the exact same terminology as Park. The only real difference between the present case and prior art Park is how the pump is connected to the storage housing. In prior art Park, the pump is connected to the storage housing via tubing whereas in the present case, it is mounted directly to the storage housing. Mounting a pump to a storage housing of a breast pump is very well-known in the prior art and is, in fact, how most older breast pumps operate prior to more recent wearable designs. This is not to say the present case is not novel where examiner discussed features unfamiliar to examiner in the interview dated 07/29/2026. In the present case, having the pump of Park connect directly to the storage housing creates a more compact design, one in which is easier to transport and operate. Relying on hindsight is not necessary where the prior art provides a plethora of examples of a pump connected directly to a storage housing. Examiner is available for further interview and communication via email where desired by applicant. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R FREHE whose telephone number is (571)272-8225. The examiner can normally be reached 10:30AM-7:30PM. 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, Kevin Sirmons can be reached at 571-272-4965. 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. /WILLIAM R FREHE/Examiner, Art Unit 3783 /KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783
Read full office action

Prosecution Timeline

Show 1 earlier event
Apr 07, 2026
Non-Final Rejection mailed — §103, §112
Jul 07, 2026
Response Filed
Jul 23, 2026
Applicant Interview (Telephonic)
Jul 25, 2026
Examiner Interview Summary
Jul 27, 2026
Final Rejection mailed — §103, §112
Sep 08, 2026
Request for Continued Examination
Sep 14, 2026
Response after Non-Final Action
Oct 01, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12746333
MULTI-COMPARTMENT SYRINGE WITH PUMP MECHANISM
6y 1m to grant Granted Sep 29, 2026
Patent 12706208
SENSOR NETWORK FOR BREAST PUMPING MOTHERS
5y 10m to grant Granted Aug 11, 2026
Patent 12691221
DISCRETIONARY INSULIN DELIVERY SYSTEMS AND METHODS
6y 5m to grant Granted Jul 28, 2026
Patent 12667524
NASOGASTRIC TUBE
5y 4m to grant Granted Jun 30, 2026
Patent 12667650
A BREAST MILK EXTRACTION KIT COMPRISING A BREAST MILK PUMP AND A PUMPING DEVICE
3y 5m to grant Granted Jun 30, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
60%
Grant Probability
99%
With Interview (+42.2%)
3y 9m (~2y 11m remaining)
Median Time to Grant
High
PTA Risk
Based on 395 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month