DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Prosecution Status
Applicant’s amendments filed 12/2/2025 have been received and reviewed. The status of the claims is as follows:
Claims 1-52 are pending.
Claims 1-48 are rejected herein.
Claims 49-52 were previously withdrawn from consideration.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/2/2025 has been entered.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
1. Claims 1-48 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sandvick et al. (US 6368268 B1, hereinafter Sandvick) in view of Piccionelli (US 20020107965 A1).
Regarding Claim 1
Sandvick discloses a system for sexually simulating a performer located at a first location via a user located at a second location having an input device that is located at the second location and is configured to generate a signal in response to an interaction of the user and the input device, the system comprising:
one or more server components that are located a third location and communicatively coupled to the input device and an output device that is located at the first location and is configured to mechanically stimulate the performer (at least fig. 1, col. 6: lines 1-7) the one or more server components configured to:
provide a website including an image of the performer, the performer associated with the output device; (at least abstract)
receive the signal from the input device (at least abstract)
receive, from the user, a selection of the performer from a website (¶22)
in response to receiving the selection, allowing the user to provide a control signal to the output device to mechanically stimulate the performer based on the signal and the payment (see at least col. 4, lines 9-36: user and performer may select one another, and control device may be activated in response)
Sandvick does not explicitly disclose, but Piccionelli teaches in a similar environment:
a performer selected from a plurality of performers from a website including images of the plurality of performers including an image of the performer for device interaction between the user and the performer (abstract, ¶16-18, 22)
collect payment information from the user (¶23-24)
allowing the user to interact with the performer based on the payment (¶22)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the features taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Regarding Claims 2-5
Sandvick further discloses:
wherein the system is configured to communicate with an input device, the input device configured to assist in generating the signal (at least abstract, fig.1, col. 3: 10-20)
wherein the one or more server components are configured to establish a video data connection between the performer and the user (at least abstract,)
Sandvick does not explicitly disclose, but Piccionelli teaches in a similar environment:
wherein the one or more server components are configured to store credit card information associated with the user (at least ¶23, 44, 47)
wherein the system is configured to allow the performer to enter information regarding a performance associated with the performer (at least ¶19)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the features taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Regarding Claims 6, 11
Claims 6, 11 are substantially similar to claim 1 and rejected on similar grounds.
Regarding Claims 7-10, 12-15
Claims 7-10, 12-15 are substantially similar to claims 2-5 and rejected on similar grounds.
Regarding Claim 16
Sandivck discloses a system for providing an online connection between a user and a performer for sexual interaction, the system comprising:
a website server (abstract, fig. 1) configured to:
provide a webpage including images associated with a performer (abstract)
facilitate communication between a user device and an output device, wherein the output device comprises a moveable sex toy associated with the performer, and the sex toy configured to receive and respond to a movement signal (at least abstract)
Sandvick does not explicitly disclose, but Piccionelli teaches in a similar environment:
a webpage including images associated with a plurality of performers (abstract, ¶16-18, 22)
a selected performer from the plurality of performers (abstract, ¶16-18, 22)
receive a payment from a user associated with the performance and the performer (at least ¶67-69);
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the receiving payment associated with the performance and the performer, as taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Regarding Claim 17
Sandvick does not explicitly disclose, but Piccionelli teaches in a similar environment:
wherein the website server is configured to communicate a data signal to the output device after payment is received from a user (at least ¶23, 24)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the features taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Regarding Claim 18
Sandvick further discloses
wherein the website server if further configured to communicate with an input device configured to receive physical input from a user (at least abstract, col. 3: 10-20)
Regarding Claims 19-22, 25
Sandvick teaches a user selecting a performer who is a user of the output device, as set forth above, but does not explicitly disclose, but Piccionelli teaches in a similar environment:
a credit authorization form, wherein information associated with the payment is entered via the credit authorization form (at least ¶23, 24, 44)
wherein the website server is configured to receive performer information associated with the performance (at least ¶17, 19)
further comprising a database to store user data (at least ¶36)
wherein the website server is configured to process a request authorize form including the user's information and the payment (at least ¶23, 24, 44, 47)
wherein the website server stores credit card information associated with the user (at least ¶36)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the features taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Regarding Claims 23, 24
Sandvick further discloses:
wherein the website server is configured to establish a communication data stream between the user and the performer such that the user is permitted to control the output device (at least abstract, col. 3: 10-20)
wherein the website server is configured to establish a video data connection between the performer and the user (at least abstract)
Regarding Claim 26
Sandvick discloses a web-based sexual interaction service comprising:
a communication component configured for communication with a user device and an output device, the communication component in communication with a server component, wherein a user is a user of the user device (at least abstract, fig. 1)
a web page associated with the server component, the web page being hosted on a website server and being configured to provide an image associated with one or more performers, wherein at least one of the one or more performers is a performer who is a user of the output device (at least abstract, fig. 1)
a join form configured to collect information relating to the user (at least col.. 4: 63-67)
a request authorize form configured to facilitate a user's request to establish a connection with the performer who is a user of the output device (at least fig. 3, col: 5: 1-6)
wherein the user selects the performer from the images of the plurality of performers that includes an image of the performer for interaction between the user and the performer (abstract, ¶16-18, 22)
wherein, upon authorization of user information, a connection between the user device and the output device is established, wherein the output device comprises a moveable sex toy associated with the performer who is a user of the output device, and the sex toy configured to receive and respond to a movement signal. (at least fig. 3, col. 5: 19-26)
Sandvick does not explicitly disclose, but Piccionelli teaches in a similar environment:
a database configured to store the information collected by the join form (at least ¶36)
wherein the user selects the performer from the images of the plurality of performers that includes an image of the performer for interaction between the user and the performer (abstract, ¶16-18, 22)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the features taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Regarding claims 27-28
Sandvick further discloses:
wherein service is configured to permit the user to control movement of the output device (col. 3: 10-20)
a video server in communication with the web server and configured to transmit live video of the performer (at least abstract, col. 3: 21-26)
Regarding Claim 29
Sandvick does not explicitly disclose, but Piccionelli teaches in a similar environment:
wherein the information is at least one of demographic information or payment information (at least ¶23, 24)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the features taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Regarding claims 30
Sandvick further discloses:
wherein the user is issued a username and a password in response to submitting a membership request to the join form (at least col.. 4: 63-67)
Regarding Claim 31
Sandvick does not explicitly disclose, but Piccionelli teaches in a similar environment:
wherein the website server communicates website content including images of performers available for performances, and the user can select a performer based on the images of performers (at least ¶16)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the features taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Regarding Claim 32
Sandvick further discloses
wherein the user controls and input device, and wherein a connection between the input device and the output device permits the user to control the output device (at least col. 3:10-20)
Regarding Claim 33
Sandvick does not explicitly disclose, but Piccionelli teaches in a similar environment:
wherein the service generates a funding request in response to a user's request, and payment by the user of an amount specified by the funding request is required to establish the connection (at least ¶33, 34, 38)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the features taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Regarding Claim 34-39
Sandvick further discloses:
a member form configured to allow the user to become a member of the service (at least col. 4: 63-67: user has ID and password, therefore means to register ID and password inherent)
wherein a private webpage is opened in response to the approval of the user's request (at least abstract, fig. 3, col. 5: 19-26)
wherein the user and the performer interact via the private webpage (at least abstract, fig. 3, col. 5: 19-26)
wherein the output device is a phallic object (at least fig. 5, col. 5: 12-18)
wherein the service is configured to present content to the user when the user enters a username and a password (at least fig. 3, col. 4: 63-67)
wherein data signals are sent and transmitted via the connection between the input device and the output device associated with movement of the input device or the output device (at least col. 6: 8-20)
Regarding Claim 40
Claim 40 is substantially similar to claim 26 and rejected on similar grounds.
Regarding Claim 41
Sandvick discloses a web-based system for sexual stimulation comprising:
a moveable sex toy associated with a performer associated with the moveable sex toy from a user for sex toy interaction with the user for sex toy interaction between the user and the performer, the sex toy configured to receive a movement signal; (at least abstract, fig. 5, col. 5: 12-18, col. 6: 8-20)
wherein the movement signal is associated with a user (at least abstract, fig. 5, col. 5: 12-18, col. 6: 8-20)
the website server in communication with the sexual interactive device (at least abstract)
Sandvick does not explicitly disclose, but Piccionelli teaches in a similar environment:
a website including a web page with images of a plurality of performers including the performer (at least ¶17, 22, 23)
wherein the website is configured to allow selection of the performer (abstract, ¶16-18, 22)
a website server configured to collect payment data from a user and store the payment data in a database (at least ¶23, 24, 36)
a user who has provided payment data (at least ¶23, 24)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the features taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Regarding Claims 42-43
Sandvick further discloses:
wherein the website server is further configured to initiate transmission of a video feed associated with the performer (at least abstract)
wherein the video feed is associated with a private webpage (at least abstract)
Regarding Claim 44
Sandvick does not explicitly disclose, but Piccionelli teaches in a similar environment:
wherein the website server is configured to permit the user to submit a request for a specific performer associated with the sexual interactive device (at least ¶22)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the features taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Regarding Claim 45
Sandvick further discloses:
wherein the sexual interactive device is configured to move in response to the user interacting with the system (at least abstract, fig. 5, col. 5: 12-18, col. 6: 8-20)
Regarding Clam 46-48
Sandvick does not explicitly disclose, but Piccionelli teaches in a similar environment:
a join form module that is configured to collect demographic information about the user and store payment information (at least ¶23, 24, 36)
wherein the user is presented website content comprising images of performers to allow for performer selection (at least ¶22)
wherein the system is configured to confirm payment prior to permitting communication (at least ¶23, 24, 36)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the invention of Sandvick with the features taught by Piccionelli, since such a modification would have provided access to performances such as dances without implicating local regulations restricting specific types of such performances that require proximity and/or contact with a patron. (see ¶8 of Piccionelli)
Response to Arguments
Applicant’s arguments with respect to the 35 USC 103 rejection have been fully considered, but they are not persuasive. Applicant asserts that the present amendments, generally directed to selection of a performer of a plurality of performers from a website containing images of a plurality of performers, for device interaction between the user and performer, overcomes the prior art references. The Examiner respectfully disagrees. As detailed above, Sandvick discloses selection of a performer (e.g., a partner) for remote device interaction between the user and the performed. Piccionelli teaches a website environment that provides images of available performers for selection by a user the seeks an adult performance. Paragraph 22 makes clear that multiple performers may be selected from, and each may have images in the performer menu:
Having accessed the performer menu, and optionally viewed one or more performer data files, the user next selects a performer or a plurality of performers from whom the user wishes to obtain a performance and/or series of performances. (All references to a performer should not be construed as a limitation to a single person, or to a person or persons belonging to any particular gender, or exclude non-human performers such as digital actors or synthespians.) This selection can be made in any desired manner, such as by pointing and clicking on a thumbnail photo of the performer or another portion of the menu associated with the desired performer
That is, this portion makes clear that Piccionelli is not intended to be limited to providing thumbnail images of a single performer, but is meant to expand providing thumbnails for all available performers associated with the site/establishment. Accordingly, the Examiner asserts that the Sandvick in view of Piccionelli covers that amended subject matter, as set forth in the rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A MISIASZEK whose telephone number is (571)272-6961. The examiner can normally be reached Monday-Thursday. 8:00 AM - 5:30 PM.
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/MICHAEL MISIASZEK/Primary Examiner, Art Unit 3688