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 .
Claim Objections
Claim 1 is objected to because of the following informalities: Lines 11-12 reading “a milk receiving opening connected the inner space” should read --a milk receiving opening connected to the inner space--. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: Line 24 reading “linked with the first opening to receive negative air pressure” should read --linked with the first opening and configured to receive negative air pressure--. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: Line 3 reading “the air” should read --air--. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: Line 10 reading “extracting breast milk” should read --extracting the milk--. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: Line 4 reading “the breast milk” should read --the milk--. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: Line 4 reading “the milking receiving opening” should read --the milk receiving opening--. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: Line 5 reading “the breast milk” should read --the milk--. Appropriate correction is required.
Claim 14 is objected to because of the following informalities: Lines 3-4 reading “to substantially conform natural curve of” should read --to substantially conform to a natural curve of--. 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 1-19 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 defining a milk storage space configured to store milk” in Lines 5-6. It is unclear from this limitation which of the storage housing or the milk storage space are configured to store milk. Claim 1 recites the limitation “the first space portion linked the protruding part with the valve structure” in Lines 22-23. It is unclear what is being recited here as the protruding part is not a member of the first space portion. Claims 2-19 are rejected by virtue of their dependence on Claim 1. Appropriate correction and/or clarification is required.
Claim 4 is 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 4 recites the limitation “wherein when the breast pump is worn by the mother, an overlapping region of the first projection and the second projection is above the protruding part.” It is unclear from the claims what is being considered “above the protruding part” where a top and bottom of the device has not been defined. Appropriate correction and/or clarification is required.
Claims 11-12 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 11 recites the limitation “wherein an upper portion of the storage housing comprises a milk outlet configured to discharge stored milk from the milk storage space without disassembling the breast pump” whereas Claim 12 recites the limitation “a stopper for opening and closing the milk outlet.” In PGPub paragraph 0034, the milk outlet hole is designated as 720 or 130 and the stopper is designated as element 430. The stopper 430 does not appear to have any relationship to milk outlet hole 130. Furthermore, if the milk outlet hole is 720, it is unclear how milk could be discharged therefrom where even if stopper 430 is removed, lid 400, separation membrane 500, and funnel connector 300 are still in place, blocking discharge from milk outlet hole 720. 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 and 13-19 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) defining a milk storage space (700-2) configured to store milk from the mother's nipple (Park ¶ 0038, 0042), comprising a first external surface with a first opening (410-1) on the first external surface (as seen in Park Annotated Fig. 2); and a space-defining structure (200, 300, 400), 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 to the inner space (200-1, 501) with 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) linked to 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 breast pump comprising the storage housing comprising a second external surface extending at a first angle relative to the first external surface; and the pump assembly, comprising a pump and a pump housing, the pump housing accommodates the pump and comprises: a third external surface facing towards the first external surface, a fourth external surface facing towards the second external surface, a second opening in connection with the pump to transmit the negative air pressure.
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 storage housing (17) defining a milk storage space (16, 18) comprising a second external surface (16-2) extending at a first angle relative to a first external surface (16-1) (Yuen Annotated Fig. 2 below); the pump assembly (19) comprising a pump (42) and a pump housing (22) (as seen in Yuen Fig. 3), the pump housing (22) accommodates the pump (42) and comprises: a third external surface (22-3) facing towards the first external surface (16-1), a fourth external surface (22-2) facing towards the second external surface (16-2) (Yuen Annotated Fig. 2 below), wherein the configuration comprises a more compact design (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 storage housing comprises a second external surface extending at a first angle relative to the first external surface; and the pump assembly, comprising a pump and a pump housing, the pump housing accommodates the pump and comprises: a third external surface facing towards the first external surface, a fourth external surface facing towards the second external surface, a second opening in connection with the pump to transmit the negative air pressure 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 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. 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), wherein a protrusion (37) extends into a second space portion (within deforming member 32 - Tashiro Figs. 2-3b) via the first opening, forming an air pressure pathway between the pump (51), a second opening (38) and the second space portion to transmit negative air pressure, the protrusion (37) for preventing a flow separation member (50) 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 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, the configuration wherein the protrusion prevents a flow separation member from sticking to the surface of the storage housing (Tashiro ¶ 0099).
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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: the 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 breast milk from a mother's breast (Park ¶ 0053-0057).
Re Claims 3 and 4, 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 (Park Annotated Fig. 2 above); the storage housing (700) has a second projection (700-1) along the target direction (Park Annotated Fig. 2 above); and at least a majority part of the first projection (100-1) and at least a majority part of the second projection (700-1) overlap (Park Figs. 7-8); and wherein when the breast pump is worn by the mother, an overlapping region of the first projection and the second projection is above the protruding part (110) (Park Figs. 7-8).
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 breast 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 milking 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 breast 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 at least partially dome-shaped (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 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).
Response to Arguments
Applicant’s arguments filed 07/07/2026 with respect to drawing objections, claim objections, and 112 indefinite of Claims 1-20 and Claim 4 have been fully considered and are persuasive. Applicant has substantially amended the claims such that the drawing objections, claim objections, and 112 indefinite of Claims 1-20 and Claim 4 are hereinafter moot. The drawing objections, claim objections, and 112 indefinite of Claims 1-20 and Claim 4 are hereinafter withdrawn.
Applicant's arguments filed 07/07/2026 have been fully considered but they are not persuasive. In the middle of Page 12 of the response, applicant argues “Park at least fails to disclose, teach, or suggest the storing housing 700 having two external surfaces disposed at an angle to each other, and that the electric pump 800 having two corresponding external surfaces respectively facing towards the two external surfaces of the storing housing 700.” Examiner concedes primary reference Park fails to disclose said aforementioned limitations. However, examiner relies upon secondary reference Yuen to teach “two external surfaces disposed at an angle to each other.” It should be noted that any pump configured for connecting directly to a storage housing will likely have two external surfaces disposed at an angle to each other connecting to corresponding external surfaces disposed at an angle to each other.
Applicant also argues “Park is silent on disclosing, teaching or suggesting a storing housing 700 having a first opening on the first external surface” and Park does not “disclose, teach, or suggest that the second protrusion extends into the second space portion of the storing housing 700.” Park teaches the storage housing 700 having a first opening 410-1, as can be seen in Park Annotated Fig. 2 above. With regard to “the second protrusion extends into the second space portion of the storing housing,” examiner relies upon secondary reference Tashiro to teach said configuration. Applicant also argues first opening 410-1 “is neither a hole nor an equivalent to the coupling hole (the first opening) of the present application.” However, Park Annotated Fig. 2 clearly shows element 410-1 is a hole. Next, applicant argues “Claim 1 of the present application requires the second protrusion of the pump assembly extends into the second space portion of the storage assembly via the first opening.” Examiner relies upon secondary reference Tashiro to teach said limitation.
On Page 14, applicant’s arguments turn to secondary reference Yuen. There, applicant argues the interpretation of Yuen is not reasonable. Examiner would point applicant to Yuen Annotated Fig. 2 above for teachings of the limitations "a storage housing defining a milk storage space configured to store breast milk from the mother's nipple, comprising a first external surface, a second external surface extending at a first angle relative to the first external surface, and a first opening on the first external surface," and "[the pump housing comprising] a third external surface facing towards the first external surface, a fourth external surface facing towards the second external surface" as recited on Page 14 of the response. On Page 15 of the response, applicant’s arguments turn to prior art O’Toole. However, this piece of prior art is not relied upon in the present case.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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.
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/WILLIAM R FREHE/Examiner, Art Unit 3783
/KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783
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