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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Amendment
This Office action is responsive to the amendment filed 30 July 2026. Claims 1-20 are pending and are examined.
Drawings
The drawings were received on 30 July 2026. These drawings are acceptable.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “110” has been used to designate both bottom of elastic bowl and elastic bowl.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “123” has been used to designate both first bulging part and suction hole.
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: 123a (Fig. 23 in replacement sheets).
Examiner notes the specification is not amended in the amendment filed 30 July 2026.
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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 8-12, 15-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 2021/0369927) in view of Thommen (US 2008/0312586).
Regarding claims 1, 2, 6 and 19, Hwang teaches a wearable breast pump (Fig. 1) comprising:
a suction assembly (100, 200, 300) comprising a suction cover 100 that is in fluid communication with a storage bin 700; the storage bin having a bearing surface configured to support a main body (when the main body 810 is mounted, the lid 400 is attached to the storage bin 700 (see Figs. 1 and 4), the lid 400 is considered part of the storage bin. As shown, in Figs. 7, 8 and 9, the lid 400 is the lid to the storage bin. Applicant is arguing the lid is part of the main body 810 as the lid 400 is shown with the main body 810 in Fig. 3. However, in the attached state, the lid 400 can be said to be part of the storage bin.
The attachment of the lid main body 810 and then the storage bin 700 is merely the assembly order. The lid could be first attached the storage bin and then the main body could be attached to the lid. However, in the assembled state, the order of attachment is moot and the lid is considered part of the storage bin as shown in Figs. 7-9.
Further, storage bin 700 includes a flat surface surrounding coupling hole 710. The main body 810 has a corresponding flat surface-Fig. 2. In the mounted state, as shown in Fig. 1, the flat surface of the main body rests on the flat surface surrounding the coupling hole. Thus, the flat surface surrounding the coupling hole is also a bearing surface.); and
a main body 810 mounted on the bearing surface of the storage bin (¶39, the main body is a pump module. It includes an electric pump, which is coupled to a source of electricity. The main body is mounted to the flat bearing surface surrounding the couple hole 710 and via the lid 700 that is considered part of the storage bin when the main body is mounted.).
Hwang doesn’t teach wherein at least one of the suction cover and the main body comprises one or more heating elements electrically coupled to a power source in the main body, the one or more heating elements are disposed on the suction cover or the main body or the suction cover comprises the one or more heating elements electrically coupled to the power source in the main body, the one or more heating elements are electrically coupled with the main body.
Thommen teaches a breast pump with a suction cover (40, Figs. 1-3). The breast pump has a heating element 5 disposed on the suction cover 40 and electrically connected with the main body 1, such as via connectors (50, 51). In addition, a battery driven pump can be attached (screwed onto) to the device (¶21) similar to Hwang. The heating element generates heat, which increases comfort and milk production (¶3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the breast pump of Hwang have the suction cover comprises one or more heating elements electrically coupled to a power source in the main body or the one or more heating elements disposed in the main body or the suction cover comprises the one or more heating elements electrically coupled to the power source in the main body or , the one or more heating elements are electrically coupled with the main body, as taught by Thommen, in order to increase the comfort and milk production from the user.
Regarding claims 3, 10, 12, 15, 16, 17, Hwang in view of Thommen teaches the invention as discussed above. As discussed so far, Hwang in view of Thommen doesn’t teach the one or more heating elements are at least partially embedded in the suction cover or the main body, the one or more heating elements comprise a heating part and a conductive part connected to each other, wherein the conductive part is electrically coupled to the main body, the heating part is attached to an outer surface of the suction cover, the one or more heating elements comprise a temperature sensor electrically coupled to the main body, the one or more heating elements are embedded in the suction cover or the main body by in-mold injection molding, the one or more heating elements comprise a spiral resistance wire.
Thommen teaches the heating element is embedded in the suction cover (¶22), a heating part 5 and a conductive part 6 connected with each other (¶22), wherein the conductive part is electrically connected with the main body (electrical line 3 to pump 1, ¶22, ¶23), the conductive part has a columnar structure (50, 51, ¶23), a temperature sensor 8 disposed on the heating element and electrically coupled with the main body (¶35). The heating element comprises a heating part attached to an outer surface of the suction cover (¶22). The heating elements are formed using injection molding and embedded in the suction cover (¶34). These structures and methods allow the device to be formed to deliver the heat.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the breast pump of Hwang in view of Thommen have the one or more heating elements are at least partially embedded in the suction cover or the main body, the one or more heating elements comprise a heating part and a conductive part connected to each other, wherein the conductive part is electrically coupled to the main body, the heating part is attached to an outer surface of the suction cover, the one or more heating elements comprise a temperature sensor electrically coupled to the main body, the one or more heating elements are embedded in the suction cover or the main body by in-mold injection molding, the one or more heating elements comprise a spiral resistance wire, as taught by Thommen, in order to the breast pump such that it can deliver the heat via the heating elements.
Regarding claim 4, Hwang in view of Thommen teaches the invention as discussed above and Hwang further teaches the main body and the suction cover are disposed on the storage bin (Figs. 1-3).
Regarding claim 5, Hwang in view of Thommen teaches the invention as discussed above and Hwang further teaches the main body is disposed between the suction cover and the storage bin (Figs. 1-3).
Regarding claim 8, Hwang in view of Thommen teaches the invention as discussed above and Hwang further teaches a storage cavity (inside of 700) is provided between the suction cover and the storage bin, and a liquid outlet hole 130 is formed by at least one of the suction cover and the storage bin, and wherein the liquid outlet hole is in fluid communication with the storage cavity (¶34).
Regarding claim 9, Hwang in view of Thommen teaches the invention as discussed above and Hwang further teaches the suction cover comprises a fitting part (outer rim of suction cover 100, Fig. 2) and a mounting part 110, wherein the mounting part is protrudingly disposed on the fitting part (Fig. 2 and 3) and inserted into the storage bin (Fig. 1), and wherein the fitting part abuts the storage bin to seal the storage cavity (Fig. 1).
Regarding claim 11, Hwang in view of Thommen teaches the invention as discussed above and Hwang further teaches the suction cover is provided with a liquid inlet channel (¶34), the liquid inlet channel and the liquid outlet hole (¶34). These are along a centerline of suction cover.
Hwang in view of Thommen, as discussed so far, doesn’t teach projections of the conductive part. Thommen teaches projections of a conductive part along a center line of the suction cover.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the breast pump of Hwang and Thommen have the suction cover with projections of a conductive part along a center line of the suction cover, as taught by Thommen, in order to deliver power to the heating elements.
The arrangement of the parts, such as along a common line, would have been obvious to one having ordinary skill in the art at the time the invention was made to arrange the parts on the basis of its suitability for the intended use as an obvious matter of design choice.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 2021/0369927) in view of Reed (US 12,427,232).
Regarding claim 7, Hwang teaches a breast pump (Fig. 1) comprising:
a suction assembly (100, 200, 300) comprising a suction cover 100 that is in fluid communication with a storage bin 700; and
a main body 810 coupled to the suction assembly (¶39, the main body is a pump module. It includes an electric pump, which is coupled to a source of electricity).
Hwang doesn’t teach wherein at least one of the suction cover and the main body comprises one or more heating elements electrically coupled to a power source in the main body, the main body comprises the one or more heating elements electrically coupled to the power source.
Reed teaches a breast pump with a heating element heating element disposed on the main body, wherein the heating element is electrically connected with the main body (64, Figs. 12 and 14, Col. 7:21-8:24). The heating elements improve milk production (Col. 8:1-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the breast pump of Hwang have the main body comprises one or more heating elements electrically coupled to a power source in the main body, the main body comprises the one or more heating elements electrically coupled to the power source, as taught by Reed, in order to increase the comfort and milk production from the user.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 2021/0369927) in view of Thommen (US 2008/0312586) as applied to claim 17 above, and further in view of Hu (US 2015/0157775).
Regarding claim 18, Hwang in view of Thommen teach the invention of claim 17 as discussed above, Hwang in view of Thommen don’t teach the heating element further comprises the one or more heating elements comprise a heat conducting sheet that adheres to a flexible heating sheet.
Hu teaches a breast pump with a heating element that is a flexible heating sheet (sheets, 13, Fig. 1, ¶12). The sheets better distribute the heat as compared to wires as the sheets have a wider surface area than wires.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the breast pump of Hwang have the one or more heating elements comprise a heat conducting sheet that adheres to a flexible heating sheet, as taught by Hu, in order to better distribute the heat from the heating elements.
Allowable Subject Matter
Claims 13, 14 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments with respect to the pending claims have been carefully considered but are moot because the arguments do not apply to the new grounds of rejection discussed above that were necessitated by Applicant' s amendments. However, to the extent possible Applicant arguments have been addressed in the body of the rejections above, at the appropriate locations. In particular, as discussed above, the lid, in the assembled state of the breast pump, is considered part of the storage bin and provides the claimed bearing surface.
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 DAVID OLYNICK whose telephone number is (571)272-2355. The examiner can normally be reached M-F: 7:30 am-5 pm (ET).
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, Phuttiwat Wongwian can be reached at (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID P. OLYNICK/Primary Examiner, Art Unit 3741
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