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 .
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 “first inner space”, second inner space”, “first portion” and “second portion” 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.
Claim Objections
Claim 4 is objected to because of the following informalities: Line 4 reading “pipe connector” should read --air pipe connector--. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: Lines 2-4 reading “the attachable lid is made of a material having sufficient strength to withstand without deformation against the vacuum pressure when the vacuum pressure is generated” should read --the attachable lid is made of a material having sufficient strength to withstand, without deformation, the vacuum pressure when the vacuum pressure is generated--. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: Lines 3-4 reading “conform natural curve” should read --conform to a natural curve--. 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 14-15 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 14 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” whereas Claim 15 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, 3-14 and 16-21 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. 1-5) 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 first space-defining member (200) coupled to the protruding part (110) to define a first inner space (200-1) (Park Annotated Fig. 2 below); a second space-defining member (300, 400) defining a second inner space (501) linked with the first inner space (200-1) (Park Annotated Fig. 2 below; ¶ 0045); a storage housing (700) comprising a coupling hole (410-1) corresponding to the second inner space (501), the storage housing (700) being detachably coupled with the contact housing (100) to form a unit to store breast milk (Park ¶ 0042); a flow separation member (500) configured to divide the second inner space (501) into a first portion (501-1) and a second portion (501-2) (Park Annotated Fig. 2 below), the first portion (501-1) linked with the first inner space (200-1) (Park Annotated Fig. 2 below); and a suction source (800) (Park Figs. 7-8).
However, Park fails to teach an attachable lid detachably and sealably connected to the coupling hole; wherein the attachable lid comprises an air pathway configured to couple to a suction source; wherein the suction source is configured to suck air from the second portion of the second inner space through the air pathway, and the attachable lid is capable of being assembled from an outer side of the storage housing into the coupling hole. Tashiro teaches a breast pump (20) comprising a storage housing (50) and a suction source (51), the storage housing (50) comprising a coupling hole (top of case 31 as seen in Tashiro Figs. 2-3b), an attachable lid (35) detachably and sealably connected to the coupling hole (as seen in Tashiro Figs. 2-3b); wherein the attachable lid (35) comprises an air pathway (38, 43) configured to couple to a suction source (51) (Tashiro Figs. 1-2; ¶ 0070, 0079); wherein the suction source (51) is configured to suck air from a second portion (interior of case 31 outside of deforming member 32) of a second inner space (interior of case 31) through the air pathway (38, 43) (Tashiro ¶ 0061-0063), and the attachable lid (35) is capable of being assembled from an outer side of the storage housing (50) into the coupling hole (Tashiro ¶ 0099 - wherein rib 37 inserts into coupling hole), wherein insertion of the lid prevents 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 storage housing of Park wherein an attachable lid detachably and sealably connects to the coupling hole; wherein the attachable lid comprises an air pathway configured to couple to a suction source; wherein the suction source is configured to suck air from the second portion of the second inner space through the air pathway, and the attachable lid is capable of being assembled from an outer side of the storage housing into the coupling hole as disclosed by Tashiro wherein insertion of the lid prevents a flow separation member (50) from sticking to the surface of the storage housing (Tashiro ¶ 0099).
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Re Claims 3 and 4, Park in view of Tashiro teach all of the limitations of Claim 1. Park fails to teach wherein the air pathway of the attachable lid is configured to couple to the suction source via a tube line or a hose; and an air pipe connector, the air pathway connected to the air pipe connector, wherein the tube line or hose is sealably connected between the pipe connector and the suction source. Tashiro teaches wherein the air pathway (38, 43) of the attachable lid (35) is configured to couple to the suction source (51) via a tube line or a hose (43) (Tashiro ¶ 0091); and an air pipe connector (38), the air pathway (38, 43) connected to the air pipe connector (38), wherein the tube line or hose (43) is sealably connected between the pipe connector (38) and the suction source (51) for conveying negative pressure from the second portion of the second inner space to the first inner space (Tashiro ¶ 0065, 0095).
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 air pathway of the attachable lid of Park in view of Tashiro be configured to couple to the suction source via a tube line or a hose; and an air pipe connector, the air pathway connected to the air pipe connector, wherein the tube line or hose is sealably connected between the pipe connector and the suction source as disclosed by Tashiro for conveying negative pressure from the second portion of the second inner space to the first inner space (Tashiro ¶ 0065, 0095).
Re Claim 5, Park in view of Tashiro teach all of the limitations of Claim 1. Park further teaches wherein the suction source (800) comprises: an electric pump (Park ¶ 0037); and an air pipe (420) configured to connect to the lid (400) and the electric pump (800) (Park Fig. 7).
Re Claim 6, Park in view of Tashiro teach all of the limitations of Claim 1. Park further teaches wherein operating the suction source (800) renders: the air of the second portion (501-2) to be sucked into the suction source (800), the flow separation member (500) to deform, thereby reducing a volume of the second portion (501-2), the first portion (501-1) to be expanded to form a vacuum pressure, and the vacuum pressure to be transferred to the first inner space (200-1) to act as a force for extracting the breast milk from the mother's breast (Park ¶ 0039, 0056).
Re Claim 7, Park in view of Tashiro teach all of the limitations of Claim 6. Park fails to teach wherein the attachable lid is made of a material having sufficient strength to withstand, without deformation, the vacuum pressure when the vacuum pressure is generated. Tashiro teaches wherein the attachable lid (35) is made of a material having sufficient strength to withstand, without deformation, the vacuum pressure when the vacuum pressure is generated (Tashiro ¶ 0048) wherein the lid is configured to prevent the flow separation member from sticking to the lid (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 had the attachable lid of Park in view of Tashiro be made of a material having sufficient strength to withstand, without deformation, the vacuum pressure when the vacuum pressure is generated as disclosed by Tashiro wherein the lid is configured to prevent the flow separation member from sticking to the lid (Tashiro ¶ 0048, 0099)
Re Claim 8, Park in view of Tashiro teach all of the limitations of Claim 6. Park teaches wherein the air of the second portion (501-2) is sucked into the suction source (800) through the coupling hole (410-1) (as seen in Park Figs. 7-8; Annotated Fig. 2 above).
Re Claim 9, Park in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the unit comprises a milk storage space (700-2); and the protruding part (110) extends into the milk storage space (700-2) (as seen in Park Annotated Fig. 2 above; Figs. 7-8).
Re Claim 10, Park in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the first space-defining member (200) is coupled to the protruding part (110) (as seen in Park Annotated Fig. 2 above; Figs. 7-8).
Re Claim 11, Park in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the first space-defining member (200) is connected with the second space-defining member (501) (Park Annotated Fig. 2).
Re Claim 12, Park in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the first space-defining member (200) and the second space-defining member (501) are integrally formed (Park Annotated Fig. 2 - wherein element 200 and element 300 are integrally formed).
Re Claim 13, Park in view of Tashiro teach all of the limitations of Claim 1. Park teaches a silicone valve (600) 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 unit through the cut line (Park ¶ 0044; Fig. 2 - duckbill valve).
Re Claim 14, Park 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 unit without disassembling (wherein 410-1 of Park Annotated Fig. 2 above may serve as a milk outlet).
Re Claim 16, Park 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 17, Park in view of Tashiro teach all of the limitations of Claim 1. Park teaches the protruding part (110) comprises a milk discharge hole (120) (Park Fig. 2).
Re Claim 18, Park in view of Tashiro teach all of the limitations of Claim 1. Park teaches wherein the flow separation member (500) is in contact with the second space-defining member (300, 400) (Park Fig. 2).
Re Claims 19 and 20, Park in view of Tashiro teach all of the limitations of Claim 1. Park fails to teach wherein the coupling hole comprises a concave groove, and the attachable lid comprises a convex step corresponding to the concave groove; and wherein the concave groove is formed on an inner surface of the coupling hole; and the convex step is formed on a lower surface of the attachable lid. Tashiro teaches wherein the coupling hole (top of case 31 as seen in Tashiro Figs. 2-3b) comprises a concave groove (34), and the attachable lid (35) comprises a convex step (35a) corresponding to the concave groove (34) (Tashiro ¶ 0067); and wherein the concave groove (34) is formed on an outer surface of the coupling hole (Tashiro Fig. 2); and the convex step (35a) is formed on a lower surface of the attachable lid (35), the configuration for a secured airtight fit of the attachable lid to the storage housing (Tashiro ¶ 0066-0071).
Tashiro teaches the claimed invention but for “wherein the concave groove is formed on an inner surface of the coupling hole.” It would have been obvious to one having ordinary skill in the art at the time the invention was made to have configured the concave groove formed on an outer surface of the coupling hole be formed on an inner surface of the coupling hole since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. 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 coupling hole of Park in view of Tashiro to comprise a concave groove, and the attachable lid comprise a convex step corresponding to the concave groove; and wherein the concave groove is formed on an inner surface of the coupling hole; and the convex step is formed on a lower surface of the attachable lid as disclosed by Tashiro for a secured airtight fit of the attachable lid to the storage housing (Tashiro ¶ 0066-0071).
Re Claim 21, Park 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 (as seen in Park Figs. 7-8).
Response to Arguments
Applicant’s arguments filed 07/17/2026 with respect to drawing and claim objections, as well as 112 indefinite rejection of Claim 2 have been fully considered and are persuasive. Due to clarifying amendments, all drawing objections, claim objections and 112 indefinite rejections are hereinafter withdrawn.
Applicant’s arguments with respect to Claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Examiner does not rely upon primary reference Park to teach “an attachable lid detachably and sealably connected to the coupling hole; and the attachable lid is capable of being assembled from an outer side of the storage housing into the coupling hole.” Examiner now relies upon prior art Tashiro to make obvious said limitations.
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.
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.
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/WILLIAM R FREHE/Examiner, Art Unit 3783
/KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783
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