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 16-17 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: Liners 24-25 reading “the first space portion being linked the protruding part” should read --the first space portion being linked with the protruding part--. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: Line 5 reading “the storage space” should read --the milk storage space--. 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 1-20 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 10-11. 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 12-13 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 12 recites the limitation “wherein an upper portion of the storage housing comprises a milk outlet configured to discharge stored breast milk from the milk storage space without disassembling the breast pump” whereas Claim 13 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 1-12 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Park (USPGPub 2018/0104396) 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) being linked with the protruding part (110) with the valve structure (600) (Park Annotated Fig. 2); and a negative pressure source (800) (Park ¶ 0049, 0054).
However, Park fails to teach the negative pressure source comprising a negative pressure source housing and airtightly connected to the second space portion, the negative pressure source housing comprising a second protrusion extending into the second space portion via the first opening, wherein the negative pressure source is configured to, through the second protrusion, drive the flow separation member to generate negative air pressure in the protruding part. Tashiro teaches a breast pump (20) comprising a storage housing (50) and a negative pressure source (51), the negative pressure source (51) comprising a negative pressure source housing (52) and airtightly connected to a second space portion (within deforming member 32 - Tashiro Figs. 2-3b; ¶ 0070, 0079), the negative pressure source housing (52) comprising a protrusion (37) extending into the second space portion (as seen in Tashiro Fig. 2) via a first opening (opening in case 31 of Tashiro Fig. 3b), wherein the negative pressure source (51) is configured to, through the protrusion (37), drive a flow separation member (32) to generate negative air pressure in the protruding part (29) (Tashiro ¶ 0071), wherein the protrusion (37) prevents the flow separation member (50) from sticking to the surface of the storage housing (Tashiro ¶ 0099), and wherein the negative pressure source (51) configured to drive the flow separation member (32) to generate negative air pressure in the protruding part (29) aids in pumping milk from the breast of a user (Tashiro ¶ 0058-0059).
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 included with the negative pressure source of the breast pump of Park a negative pressure source housing and airtightly connected to the second space portion, the negative pressure source housing comprising a second protrusion extending into the second space portion via the first opening, wherein the negative pressure source is configured to, through the second protrusion, drive the flow separation member to generate negative air pressure in the protruding part, the configuration as disclosed by Park wherein the second protrusion prevents the flow separation member from sticking to the surface of the storage housing (Tashiro ¶ 0099), and wherein the negative pressure source configured to drive the flow separation member to generate negative air pressure in the protruding part aids in pumping milk from the breast of a user (Tashiro ¶ 0058-0059).
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Re Claim 2, Park in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the protruding part (110) provides a milk passage to collect breast milk from the nipple (as seen above in Park Annotated Fig. 2; Figs. 7-8); and the negative pressure source (800) is configured to generate the negative air pressure in the milk passage (Park ¶ 0054).
Re Claims 3 and 4, Park 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 (100-1) and the second projection (700-1) is above the protruding part (110) (Park Figs. 7-8).
Re Claim 5, Park in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the protruding part (110) extends into the milk storage space (700-2) (Park Annotated Fig. 2 above).
Re Claim 6 and 7, Park 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); wherein the valve structure (600) is a silicone one-way flow valve with one end comprising a cutline, so that the breast milk flows directly into the milk storage space (700-2) from the cutline (Park Fig. 5; ¶ 0044 - duckbill valve).
Re Claim 8, Park 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 Claim 9, Park in view of Tashiro teach all of the limitations of Claim 6. Park teaches wherein the first space-defining member (200) is connected with the second space-defining member (300) (Park Annotated Fig. 2 above).
Re Claim 10, Park in view of Tashiro teach all of the limitations of Claim 6. Park teaches wherein the first space-defining member (200) and the second space-defining member (300) are integrally formed (Park Annotated Fig. 2 above).
Re Claim 11, Park in view of Tashiro teach all of the limitations of Claim 6. Park teaches wherein the valve structure (600) is a silicone one-way flow valve comprising one end coupled to the first space-defining member (200) (Park Annotated Fig. 2) and a second 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 - duckbill valve).
Re Claim 12, 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 breast 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 15, Park 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 16, Park in view of Tashiro teach all of the limitations of Claim 15. Park fails 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 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 17, Park in view of Tashiro teach all of the limitations of Claim 15. 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 Tashiro teach all of the limitations of Claim 15. Park fails 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 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).
Claims 14 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Park (USPGPub 2018/0104396) in view of Tashiro et al. (USPGPub 2009/0254029) as applied to Claim 1 above, and further in view of Yuen (USPGPub 2005/0228342).
Re Claim 14, Park in view of Tashiro teach all of the limitations of Claim 1. Park in view of Tashiro fail to teach wherein the storage housing further comprises a second external surface extending at a first angle relative to the first external surface; and the negative pressure source housing further comprises a third external surface facing towards the first external surface and a fourth external surface facing towards the second external surface. Yuen teaches a breast pump (10) comprising a storage housing (17) and a negative pressure source (19) comprising a negative pressure source housing (22) (Yuen Figs. 1-2; ¶ 0024-0025; Annotated Fig. 2 below), the storage housing (17) 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); and the negative pressure source housing (22) comprising 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 the negative pressure source housing of Park in view of Tashiro such that the storage housing comprises a second external surface extending at a first angle relative to the first external surface; and the negative pressure source housing further comprises a third external surface facing towards the first external surface and a fourth external surface facing towards the second external surface, the configuration as disclosed by Yuen wherein the configuration comprises a more compact design (as seen in Yuen Annotated Fig. 2 below).
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Re Claim 19, Park in view of Tashiro teach all of the limitations of Claim 1. Park fails to teach wherein the negative pressure source comprises a pump assembly; the pump assembly comprises a pump and a pump housing: and the pump housing accommodates the pump and comprises: a second opening in connection with the pump to transmit the negative air pressure, and the second protrusion forming an air pressure path way between the pump, the second opening and the second space portion to transmit the negative air pressure. Yuen teaches the negative pressure source (19) comprising a pump assembly (42, 44) (Yuen ¶ 0026-0027; Annotated Fig. 2 above); the pump assembly (42, 44) comprises a pump (42) and a pump housing (22) (Yuen ¶ 0026-0027; Fig. 3); and the pump housing (22) accommodates the pump (42) wherein the configuration comprises a more compact design (as seen in Yuen Annotated Fig. 2 above). Tashiro teaches a second opening (38) in connection with the pump to transmit the negative air pressure (Tashiro ¶ 0070), and the second protrusion (38) forming an air pressure path way between the pump, the second opening (38) and the second space portion (within deforming member 32 - Tashiro Figs. 2-3b; ¶ 0070, 0079) to transmit the negative air pressure for extracting breast milk from the mother during a pumping session (Tashiro ¶ 0069-0071).
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 negative pressure source of Park in view of Tashiro to comprise a pump assembly; the pump assembly comprises a pump and a pump housing: and the pump housing accommodates the pump, the configuration as disclosed by Yuen being a more compact design (as seen in Yuen Annotated Fig. 2 above). Furthermore, 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 negative pressure source of Park in view of Tashiro to include a second opening in connection with the pump to transmit the negative air pressure, and the second protrusion forming an air pressure path way between the pump, the second opening and the second space portion as disclosed by Tashiro to transmit the negative air pressure for extracting breast milk from the mother during a pumping session (Tashiro ¶ 0069-0071).
Re Claim 20, Park in view of Tashiro as applied to Claim 1 above, and further in view of Yuen teach all of the limitations of Claim 19. Park fails to teach the pump housing comprises: an external case; and a lid, comprising the second opening and the second protrusion, and airtightly coupled with the external case. Tashiro teaches the pump housing (52) comprising an external case (as seen in Tashiro Fig. 1); and a lid (35) comprising the second opening (38) and the second protrusion (37), and airtightly coupled with the external case 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 negative pressure source of Park in view of Tashiro as applied to Claim 1 above, and further in view of Yuen to include the pump housing an external case, and 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).
Response to Arguments
Applicant’s arguments filed 07/17/2026 with respect to drawing and claim objections have been fully considered and are persuasive. Examiner thanks applicant for providing updated figures. Furthermore, applicant’s amendments have claim objections in the present case. All drawing and claim objections are hereinafter withdrawn.
Applicant's arguments filed 07/17/2026 have been fully considered but they are not persuasive. Applicant’s arguments begin at the bottom of Page of Page 9 of the response. It is still unclear what “above” is in reference to with regard to Claim 4. In particular, it is unclear in the claims that the breast pump is worn a specific way. Therefore, it is still unclear what “above” any particular structure would be. It would seem that the claims would need to define a top and bottom of the storage housing. Applicant’s arguments directed to Claim 1 of the present case begin in the middle of Page 10 of the response. There, applicant argues the prior art Park, Yuen and O’Tool fail to teach “the negative pressure source housing comprising a second protrusion extending into the second space portion via the first opening, wherein the negative pressure source is configured to, through the second protrusion, drive the flow separation member to generate negative air pressure in the protruding part.” However, examiner now relies upon prior art Tashiro to make obvious said limitation.
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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