DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2 January 2026 has been entered. Claims 1-22 are now pending. The Examiner acknowledges the amendments to claims 1, 3, 7, 8, 11-13, 15 and 19, as well as the addition of claims 21 and 22.
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 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 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 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Shahoian et al. (U.S. Pub. No. 2014/0336452) in view of Kobashikawa et al. (U.S. Pub. No. 2009/0099413) and further in view of Sedic (U.S. Pub. No. 2013/0331745). Regarding claims 1 and 4, Shahoian et al. (hereinafter Shahoian) discloses a sexual aid system (Fig. 17; [0115] and [0116]) comprising:
a first sexual aid device (“male device” 400 shown on left side of Fig. 17) (Figs. 4-7 and 17; [0115], [0116] and [0067]) including:
a first electro-mechanical device configured to operate according to a control pattern to facilitate an achievement of an orgasm within a first user during a session (Figs. 4-7; [0066]-[0071]; [0081], [0082],[0085]-[0089], [0046] and [0208]),
a control pattern specifying how at least one of a predetermined amplitude or a predetermined frequency of the first electro-mechanical device is to change over a predetermined time duration (the sensors will monitor stroke rate and force over time in order to identify sexual climax and such parameters would increase over time until a peak is detected, indicating climax [0086]). And such sensor information (including the magnitude and rate of constriction) is conveyed to a female device [0061] for playback.
The device 400 can reproduce and transduce sensed forces from 0 Hz to greater than 10 Hz with a frequency response from DC to 100 Hz [0074]. Thus, parameterized sensor output can be applied by storing it for replay, analyzing it, and sending it over the wire for replication by a slave actuator set. Then, a paired device can deploy the received parameters to replicate the experience [0107]-[0109]). Therefore the electro-mechanical devices are configured to operate according to a control pattern that specifies how at least one of a predetermined amplitude or a frequency of the electro-mechanical device is to change over a predetermined time duration as the electro-mechanical devices are configured to replicate how the paired device reached climax, which Shahoian states would be achieved by an increase in stroke rate and force over time [0086]. (Regarding the predetermined amplitude or frequency, and the predetermined time duration, the device 400 can be controlled automatically in response to features of a paired device [0071] (device 100) and thus the response of the male device 400 would be based on control patterns from the female device, which would be considered to be predetermined.)
Shahoian further discloses that the system further includes a sensor configured to measure physiological data of the first user ([0076], [0115] and [0114] – “sensors described herein can also include or be paired with other known biometric sensors to measure a broad set of physiological changes that accompany sexual arousal: heart rate, body temperature, blood flow, muscle activity, respiration rate, breathing exertion, moisture, ECG, EEG, blood oxygen saturation, etc”; and Figs. 4 and 17), and
a first processor configured to: cause the first electro-mechanical device to operate according to the control pattern during the session ([0107]-[0109], [0113], [0133], [0134], [0143] and Fig. 11) and transmit information indicative of the control pattern ([0107]-[0109], [0113], [0133], [0134], [0143] and Fig. 11);
a first user device (smartphone) communicatively coupled to the first sexual aid device 400, the sensor [0143], and a network (Fig. 17; [0143]-[0146]), the first user device 400 including an application that causes the first user device to:
receive information indicative of the physiological data from the sensor, receive the information indicative of the control pattern from the first sexual aid device, and transmit the information indicative of the control pattern and the information indicative of the physiological data of the first user together to the network ([0107]-[0109], [0113], [0133]-[0134], [0143]-[0146] and Figs. 11 and 17);
a second user device (smartphone of “female device 100” shown on right side of Fig. 17) communicatively coupled to the network (Fig. 17; [0143]-[0146]);
a second sexual aid device (“female device” 400 shown on right side of Fig. 17) (Figs. 1A-3 and 17; [0115], [0116] and [0051]) communicatively coupled to the second user device, the second sexual device (Fig. 17; [0143]-[0146]) including:
a second electro-mechanical device configured to facilitate an achievement of an orgasm within a second user during the session (Figs. 1A-3; [0051]-[0065]), [0082] and [0085]-[0089]), and
a second processor configured to: receive, from the network, via the second user device, the information indicative of the physiological data and the information indicative of the control pattern, and cause the second electro-mechanical device to operate using in part the information indicative of the physiological data and the information indicative of the control pattern ([0107]-[0109], [0113], [0115]-[0122], [0126] and [0143]).
However, Shahoian fails to disclose that the first sexual aid device comprises
a memory device storing the specified control pattern, which causes the first electro-mechanical device to operate according to the specified control pattern. Kobashikawa et al. (hereinafter Kobashikawa) likewise discloses a sexual aid system comprising a sexual aid device for respective male/female users (Abstract, Figs. 1, 6 and 7), wherein the first sexual aid device (“electronic variable stroke device” or “male device” of Fig. 1) can operate via remote control, a built-in routine program, or sessions which are indicated by the user to be stored, wherein the indicated sessions may be used for a later session in which the instructions would be fed to the motor controller to carry out the corresponding/stored motor operations [0043]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a memory device comprising sexual control function operations/instructions as taught by Kobashikawa, into a sexual aid device for implementing sexual control function operations/instructions as taught by Shahoian as Shahoian recognizes that a user may “star” a preferred session for later play back [0089], and Kobasihkawa indicates that preferred user sessions may be indicated by an event-recording button and stored for later use, wherein the selected stroke/speed movements of the stored session can be carried out by the motor controller circuit with corresponding motor operations [0043].
However, Shahoian in view of Kobashikawa fails to disclose that the sensor is configured to be worn by the first user. Sedic teaches a personal massage apparatus for interfacing with a remote controller via a phone/user device (see Abstract and [0029]), as likewise disclosed by Shahoian, wherein the massage apparatus may be “worn” by a user [0041] and may comprise a sensor that detects/monitors parameters associated with the body of the user such as temperature, heart rate, motion, etc., wherein such changes in parameters may be transmitted over a network ([0029], [0035]) in the form of a control signal to adjust operation parameters of the massage apparatus [0043]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure a physiological sensor such as a heart rate monitor as taught by Shahoian ([0085]-[0088] and [0114]) to be “worn” by a user as suggested by Sedic, as the combination of Shahoian and Kobashikawa recognizes the use of various physiological sensors to measure sexual effectiveness and identify climax ([0085]-[0087] and [0114] of Shahoian) and Sedic teaches that physiological sensors “worn” by a user can detect a multitude of physiological changes in the body, when in contact with the body ([0041] and [0043]).
Regarding claim 2, Shahoian discloses that the first sexual aid device (“male device”) 400 is a massager for vaginal or anal penetration or a wearable vibration device (Figs. 4-7 and 17; and [0067]), and wherein the second sexual aid device (“female device”) 100 is a penile sleeve device (Figs. 1A-3 and 17; and [0051]).
Regarding claim 3, Shahoian discloses that the system further comprises a server connected to the network ([0113], [0133], [0134] and Fig. 12), the server configured to: receive the information indicative of the physiological data and the information indicative of the control pattern from the first user device via the network ([0107]-[0109], [0138], [0144]-[0146]); determine the first sexual aid device is associated with the same session as the second sexual aid device; and transmit the information indicative of the physiological data and the information indicative of the control pattern to the second user device via the network ([0107]-[0109], [0133]-[0135], [0138]-[0140], [0144]-[0146] and Figs. 15, 17).
Regarding claim 5, Shahoian discloses that the second electro-mechanical device (of the second sexual aid device (“female device”) 100) is configured to at least one of: simulate stroking using the information indicative of the physiological data and the control pattern ([0122] and [0107]-[0109]); or adjust a cavity pressure using the information indicative of the physiological data and the control pattern ([0061], [0076], [0107]-[0109] and [0122]).
Regarding claim 6, Shahoian discloses that the first processor (of the first sexual aid device (“male device”) 400) is configured to: at least one of determine or receive information indicative of a speed of the first electro-mechanical device ([0113], [0053] and [0077]); and transmit to the network the information indicative of the speed of the first electro-mechanical device ([0077] and [0115]; and Fig. 17).
Regarding claim 7, Shahoian discloses that the second processor (of the second sexual aid device (“female device”) 100) is configured to: receive from the network via the second user device ([0143]-[0146]) and Fig. 17), the information indicative of the speed of the first electro-mechanical device; and cause the second electro-mechanical device to operate using, in part, the information indicative of the speed of the first electro-mechanical device ([0115] and [0053]).
Regarding claim 8, Shahoian discloses a sexual aid system (Fig. 17; [0115] and [0116]) comprising:
a first sexual aid device (“male device” 400 shown on left side of Fig. 17) (Figs. 4-7 and 17; [0115], [0116] and [0067]) including:
a first electro-mechanical device configured to operate according to a control pattern to facilitate an achievement of an orgasm within a first user during a session (Figs. 4-7; [0066]-[0071]; [0081], [0082],[0085]-[0089], [0046] and [0208]),
a control pattern specifying how the first electro-mechanical device is to change over a predetermined time duration (the sensors will monitor stroke rate and force over time in order to identify sexual climax and such parameters would increase over time until a peak is detected, indicating climax [0086]). And such sensor information (including the magnitude and rate of constriction) is conveyed to a female device [0061] for playback.
The device 400 can reproduce and transduce sensed forces from 0 Hz to greater than 10 Hz with a frequency response from DC to 100 Hz [0074]. Thus, parameterized sensor output can be applied by storing it for replay, analyzing it, and sending it over the wire for replication by a slave actuator set. Then, a paired device can deploy the received parameters to replicate the experience [0107]-[0109]). Therefore the electro-mechanical devices are configured to operate according to a control pattern that specifies how the electro-mechanical device is to change over a predetermined time duration as the electro-mechanical devices are configured to replicate how the paired device reached climax, which Shahoian states would be achieved by an increase in stroke rate and force over time [0086]). (Regarding the predetermined time duration, the device 400 can be controlled automatically in response to features of a paired device [0071] (device 100) and thus the response of the male device 400 would be based on control patterns from the female device, which would be considered to be predetermined.)
Shahoian further discloses that the first sexual aid device (“male device”) 400 includes a first processor configured to: at least one of determine or receive information indicative of the control pattern of the first electro-mechanical device ([0113], [0053] and [0077]); cause the first electro-mechanical device to operate according to the control pattern during the session ([0107]-[0109], [0113], [0133], [0134], [0143] and Fig. 11); and transmit the information indicative of the control pattern of the first electro-mechanical device ([0077], [0115], [0133], [0134]; and Figs. 11 and 17).
Shahoian further discloses that the system further includes a sensor configured to measure physiological data of the first user ([0076], [0115] and [0114] – “sensors described herein can also include or be paired with other known biometric sensors to measure a broad set of physiological changes that accompany sexual arousal: heart rate, body temperature, blood flow, muscle activity, respiration rate, breathing exertion, moisture, ECG, EEG, blood oxygen saturation, etc”; and Figs. 4 and 17), and
a first user device (smartphone) communicatively coupled to the first sexual aid device 400, the sensor [0143], and a network (Fig. 17; [0143]-[0146]), the first user device 400 including an application that causes the first user device to:
receive information indicative of the physiological data from the sensor, receive the information indicative of the control pattern from the first sexual aid device, and transmit the information indicative of the control pattern and the information indicative of the physiological data of the first user together to the network ([0107]-[0109], [0113], [0133]-[0134], [0143]-[0146] and Figs. 11 and 17);
a second user device (smartphone of “female device 100” shown on right side of Fig. 17) communicatively coupled to the network (Fig. 17; [0143]-[0146]);
a second sexual aid device (“female device” 400 shown on right side of Fig. 17) (Figs. 1A-3 and 17; [0115], [0116] and [0051]) communicatively coupled to the second user device, the second sexual device (Fig. 17; [0143]-[0146]) including:
a second electro-mechanical device configured to facilitate an achievement of an orgasm within a second user during the session (Figs. 1A-3; [0051]-[0065]), [0082] and [0085]-[0089]), and
a second processor configured to: receive, from the network, via the second user device, the information indicative of the control pattern and the information indicative of the physiological data of the first user, and cause the second electro-mechanical device to operate using in part the information indicative of the control pattern and the information indicative of the physiological data of the first user ([0107]-[0109], [0113], [0115]-[0122], [0126] and [0143]).
However, Shahoian fails to disclose that the first sexual aid device comprises
a memory device storing the specified control pattern, which causes the first electro-mechanical device to operate according to the specified control pattern. Kobashikawa likewise discloses a sexual aid system comprising a sexual aid device for respective male/female users (Abstract, Figs. 1, 6 and 7), wherein the first sexual aid device (“electronic variable stroke device” or “male device” of Fig. 1) can operate via remote control, a built-in routine program, or sessions which are indicated by the user to be stored, wherein the indicated sessions may be used for a later session in which the instructions would be fed to the motor controller to carry out the corresponding/stored motor operations [0043]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a memory device comprising sexual control function operations/instructions as taught by Kobashikawa, into a sexual aid device for implementing sexual control function operations/instructions as taught by Shahoian as Shahoian recognizes that a user may “star” a preferred session for later play back [0089], and Kobasihkawa indicates that preferred user sessions may be indicated by an event-recording button and stored for later use, wherein the selected stroke/speed movements of the stored session can be carried out by the motor controller circuit with corresponding motor operations [0043].
However, Shahoian in view of Kobashikawa fails to disclose that the sensor is configured to be worn by the first user. Sedic teaches a personal massage apparatus for interfacing with a remote controller via a phone/user device (see Abstract and [0029]), as likewise disclosed by Shahoian, wherein the massage apparatus may be “worn” by a user [0041] and may comprise a sensor that detects/monitors parameters associated with the body of the user such as temperature, heart rate, motion, etc., wherein such changes in parameters may be transmitted over a network ([0029], [0035]) in the form of a control signal to adjust operation parameters of the massage apparatus [0043]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure a physiological sensor such as a heart rate monitor as taught by Shahoian ([0085]-[0088] and [0114]) to be “worn” by a user as suggested by Sedic, as the combination of Shahoian and Kobashikawa recognizes the use of various physiological sensors to measure sexual effectiveness and identify climax ([0085]-[0087] and [0114] of Shahoian) and Sedic teaches that physiological sensors “worn” by a user can detect a multitude of physiological changes in the body, when in contact with the body ([0041] and [0043]).
Regarding claim 9, Shahoian discloses that the first sexual aid device (“male device”) 400 is a massager for vaginal or anal penetration or a wearable vibration device (Figs. 4-7 and 17; and [0067]), and wherein the second sexual aid device (“female device”) 100 is a penile sleeve device (Figs. 1A-3 and 17; and [0051]).
Regarding claim 10, Shahoian discloses that the second electro-mechanical device (of the second sexual aid device (“female device”) 100) is configured to at least one of: simulate stroking using the information indicative of the control pattern of the first electro-mechanical device ([0077], [0107]-[0109], [0113] and [0122]); or adjust a cavity pressure using the information indicative of the control pattern of the first electro-mechanical device ([0061], [0076], [0107]-[0109] and [0122]).
Regarding claim 11, Shahoian discloses that the system further comprises a server connected to the network ([0113], [0133], [0134] and Fig. 12), the server configured to: receive the information indicative of the control pattern of the first electro-mechanical device from the first user device via the network; determine the first sexual aid device is associated with the same session as the second sexual aid device; and transmit the information indicative of the control pattern of the first electro-mechanical device to the second user device via the network ([0121], [0122], [0133]-[0135], [0138]-[0140], [0144]-[0146] and Figs. 15, 17).
Regarding claim 15, Shahoian discloses a sexual aid system (Fig. 17; [0115] and [0116]) comprising:
a first sexual aid device (“male device” 400 shown on left side of Fig. 17) (Figs. 4-7 and 17; [0115], [0116] and [0067]) including:
a first electro-mechanical device configured to facilitate an achievement of an orgasm within a first user during a session (Figs. 4-7; [0066]-[0071]; [0082], [0082],[0085]-[0089], [0046] and [0208]) according to a control pattern that specifies how at least one of a predetermined amplitude or a predetermined frequency of the first electro-mechanical device is to change over a predetermined time duration (the sensors will monitor stroke rate and force over time in order to identify sexual climax and such parameters would increase over time until a peak is detected, indicating climax [0086]). And such sensor information (including the magnitude and rate of constriction) is conveyed to a female device [0061] for playback.
The device 400 can reproduce and transduce sensed forces from 0 Hz to greater than 10 Hz with a frequency response from DC to 100 Hz [0074]. Thus, parameterized sensor output can be applied by storing it for replay, analyzing it, and sending it over the wire for replication by a slave actuator set. Then, a paired device can deploy the received parameters to replicate the experience [0107]-[0109]). Therefore the electro-mechanical devices are configured to operate according to a control pattern that specifies how at least one of a predetermined amplitude or a predetermined frequency of the electro-mechanical device is to change over a predetermined time duration as the electro-mechanical devices are configured to replicate how the paired device reached climax, which Shahoian states would be achieved by an increase in stroke rate and force over time [0086]). (Regarding the predetermined amplitude or frequency, and the predetermined time duration, the device 400 can be controlled automatically in response to features of a paired device [0071] (device 100) and thus the response of the male device 400 would be based on control patterns from the female device, which would be considered to be predetermined.)
Shahoian further discloses that the system further includes a sensor configured to measure physiological data of the first user ([0076], [0115] and [0114] – “sensors described herein can also include or be paired with other known biometric sensors to measure a broad set of physiological changes that accompany sexual arousal: heart rate, body temperature, blood flow, muscle activity, respiration rate, breathing exertion, moisture, ECG, EEG, blood oxygen saturation, etc”; and Figs. 4 and 17), and
and a first processor configured to: receive information indicative of the control pattern of the first electro-mechanical device, cause the first electro-mechanical device to operate according to the control pattern during the session ([0107]-[0109], [0113], [0133], [0134], [0143] and Fig. 11), and transmit the information indicative of the control pattern ([0107]-[0109], [0113], [0133]-[0134], [0143]-[0146] and Figs. 11 and 17);
a first user device (smartphone) communicatively coupled to the first sexual aid device 400, the sensor [0143], and a network (Fig. 17; [0143]-[0146]), the first user device 400 including an application that causes the first user device to:
receive information indicative of the physiological data from the sensor, receive the information indicative of the control pattern from the first sexual aid device, and transmit the information indicative of the control pattern and the information indicative of the physiological data of the first user together to the network ([0107]-[0109], [0113], [0133]-[0134], [0143]-[0146] and Figs. 11 and 17);
a second user device (smartphone of “female device 100” shown on right side of Fig. 17) communicatively coupled to the network (Fig. 17; [0143]-[0146]);
and a second sexual aid device (“female device” 400 shown on right side of Fig. 17) (Figs. 1A-3 and 17; [0115], [0116] and [0051]) communicatively coupled to the second user device, the second sexual device (Fig. 17; [0143]-[0146]) including:
a second electro-mechanical device configured to facilitate an achievement of an orgasm within a second user during the session (Figs. 1A-3; [0051]-[0065]), [0082] and [0085]-[0089]), and
a second processor configured to: receive, from the network, via the second user device, the information indicative of the physiological data and the information indicative of the control pattern, and cause the second electro-mechanical device to operate using in part the information indicative of the physiological data and the information indicative of the control pattern ([0107]-[0109], [0113], [0115]-[0122], [0126] and [0143]).
However, Shahoian fails to disclose that the first sexual aid device comprises
a memory device storing the specified control pattern, which causes the first electro-mechanical device to operate according to the specified control pattern. Kobashikawa likewise discloses a sexual aid system comprising a sexual aid device for respective male/female users (Abstract, Figs. 1, 6 and 7), wherein the first sexual aid device (“electronic variable stroke device” or “male device” of Fig. 1) can operate via remote control, a built-in routine program, or sessions which are indicated by the user to be stored, wherein the indicated sessions may be used for a later session in which the instructions would be fed to the motor controller to carry out the corresponding/stored motor operations [0043]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a memory device comprising sexual control function operations/instructions as taught by Kobashikawa, into a sexual aid device for implementing sexual control function operations/instructions as taught by Shahoian as Shahoian recognizes that a user may “star” a preferred session for later play back [0089], and Kobasihkawa indicates that preferred user sessions may be indicated by an event-recording button and stored for later use, wherein the selected stroke/speed movements of the stored session can be carried out by the motor controller circuit with corresponding motor operations [0043].
However, Shahoian in view of Kobashikawa fails to disclose that the sensor is configured to be worn by the first user. Sedic teaches a personal massage apparatus for interfacing with a remote controller via a phone/user device (see Abstract and [0029]), as likewise disclosed by Shahoian, wherein the massage apparatus may be “worn” by a user [0041] and may comprise a sensor that detects/monitors parameters associated with the body of the user such as temperature, heart rate, motion, etc., wherein such changes in parameters may be transmitted over a network ([0029], [0035]) in the form of a control signal to adjust operation parameters of the massage apparatus [0043]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure a physiological sensor such as a heart rate monitor as taught by Shahoian ([0085]-[0088] and [0114]) to be “worn” by a user as suggested by Sedic, as the combination of Shahoian and Kobashikawa recognizes the use of various physiological sensors to measure sexual effectiveness and identify climax ([0085]-[0087] and [0114] of Shahoian) and Sedic teaches that physiological sensors “worn” by a user can detect a multitude of physiological changes in the body, when in contact with the body ([0041] and [0043]).
Regarding claim 16, Shahoian discloses that the first sexual aid device (“male device”) 400 is a massager for vaginal or anal penetration or a wearable vibration device (Figs. 4-7 and 17; and [0067]).
Regarding claim 17, Shahoian discloses that the second sexual aid device (“female device”) 100 is a penile sleeve device (Figs. 1A-3 and 17; and [0051]).
Regarding claim 18, Shahoian discloses that the second electro-mechanical device (of the second sexual aid device (“female device”) 100) is configured to at least one of: simulate stroking using the information indicative of the physiological data and the control pattern ([0122] and [0107]-[0109]); or adjust a cavity pressure using the information indicative of the physiological data and the control pattern ([0061], [0076], [0107]-[0109] and [0122]).
Regarding claim 19, Shahoian discloses that the system further comprises a server connected to the network ([0113], [0133], [0134] and Fig. 12), the server configured to: receive the information indicative of the physiological data and the control pattern from the first user device via the network; determine the first sexual aid device is associated with the same session as the second sexual aid device; and transmit the information indicative of the control pattern to the second user device via the network ([0107]-[0109], [0121], [0122], [0133]-[0135], [0138]-[0140] and Fig. 15).
Regarding claim 20, Shahoian discloses that the physiological data includes at least one of a vaginal air pressure, a heart rate, blood pressure, a blood flow, an engorgement, perspiration, skin moisture, eye movement, a vocalization, a breathing rate, a breathing pattern, a body temperature, muscle tension, neurological excitement, and a user-provided indication that the orgasm was achieved ([0076], [0115] and [0114] – “sensors described herein can also include or be paired with other known biometric sensors to measure a broad set of physiological changes that accompany sexual arousal: heart rate, body temperature, blood flow, muscle activity, respiration rate, breathing exertion, moisture, ECG, EEG, blood oxygen saturation, etc”).
Regarding claim 21, Shahoian discloses that the second sexual aid device comprises a plurality of sexual aid devices ([0145]: “…the network is to enable teleoperation between two or more devices 100, 400 (or, one operating alone as it plays back a recorded session). Referring to FIG. 12, there are several components that ensure sexual telepresence, including multiple devices 100, 400 (here called karma devices”; [0146]: “a user may have in his/her home one or more sex toys, which he/she may connect to any host e.g. PC, laptop, smart phone, or tablet. The host runs KarmaNet proprietary software "chat client" (described below). This chat client knows how to pair with a Karma device over Bluetooth, and it knows how to connect to the KarmaNet servers over WiFi and Internet. In this way, the chat client is the bridge between a Karma sex toy device and the server. Teleoperation data, such as sensor signals, can then be relayed in real-time between two or more devices via two or more of these bridges..”; also see Fig. 15 wherein each user under “Buddy List” would have “in his/her home one or more sex toys” as disclosed in [0146]).
Claims 12-14 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Shahoian et al. (U.S. Pub. No. 2014/0336452) in view of Kobashikawa et al. (U.S. Pub. No. 2009/0099413) and further in view of Sedic (U.S. Pub. No. 2013/0331745) and further in view of Jiang et al. (U.S. Pub. No. 2015/0328082).
Regarding claim 12, Shahoian in view of Kobashikawa and Sedic discloses that the sensor to measure physiological data of the user is configured to be worn as indicated above, however the combination fails to disclose that the sensor is included within a smartwatch. Jiang et al. (hereinafter Jiang) teaches a sexual aid system comprising a sexual aid device; and “first user device” (controller in the form of a smartphone or smart watch [0043]) [0082], wherein the system further comprises sensors integrated into the sex toy (or controller such that the sensor is configured to be worn) [0082]) for the purpose of sensing physical input of the user which would affect controlled stimulation ([0083]-[0084]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure a physiological sensor such as a heart rate monitor as taught by Shahoian ([0085]-[0088] and [0114]), configured to be “worn” by a user as suggested by Sedic, into a smart watch as taught by Jiang, as Shahoian and Sedic recognize the necessity of placing physiological sensors adjacent a user’s body to acquire accurate input of physiological responses, and Jiang teaches that a smart watch also interfaces with a user’s body and enables monitoring of various physiological parameters of a user ([0082] and [0138])
Regarding claim 13, Shahoian discloses that the second processor is configured to: receive, from the network via the second user device, the information indicative of the physiological data; and cause the second electro-mechanical device to operate using, in part, the information indicative of the physiological data ([0113], [0115]-[0122] and [0126]).
Regarding claim 14, Shahoian discloses that the physiological data includes at least one of a vaginal air pressure, a heart rate, blood pressure, a blood flow, an engorgement, perspiration, skin moisture, eye movement, a vocalization, a breathing rate, a breathing pattern, a body temperature, muscle tension, neurological excitement, and a user-provided indication that the orgasm was achieved ([0076], [0115] and [0114] – “sensors described herein can also include or be paired with other known biometric sensors to measure a broad set of physiological changes that accompany sexual arousal: heart rate, body temperature, blood flow, muscle activity, respiration rate, breathing exertion, moisture, ECG, EEG, blood oxygen saturation, etc”).
Regarding claim 22, Shahoian in view of Kobashikawa and Sedic discloses that the sensor to measure physiological data of the user is configured to be worn as indicated above, however the combination fails to disclose that the sensor is included within a smartwatch. Jiang et al. (hereinafter Jiang) teaches a sexual aid system comprising a sexual aid device; and “first user device” (controller in the form of a smartphone or smart watch [0043]) [0082], wherein the system further comprises sensors integrated into the sex toy (or controller such that the sensor is configured to be worn) [0082]) for the purpose of sensing physical input of the user which would affect controlled stimulation ([0083]-[0084]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure a physiological sensor such as a heart rate monitor as taught by Shahoian ([0085]-[0088] and [0114]), configured to be “worn” by a user as suggested by Sedic, into a smart watch as taught by Jiang, as Shahoian and Sedic recognize the necessity of placing physiological sensors adjacent a user’s body to acquire accurate input of physiological responses, and Jiang teaches that a smart watch also interfaces with a user’s body and enables monitoring of various physiological parameters of a user ([0082] and [0138]).
Response to Arguments
Applicant’s arguments filed 2 January 2026 with respect to the rejection of claims 1-20 under 35 U.S.C. 103(a) citing Shahoian (‘452) in view of Kobashikawa (‘413) have been fully considered and are persuasive in light of the amendments, however new grounds of rejection presented above under 35 U.S.C. 103(a) citing Shahoian (‘452) in view of Kobashikawa (‘413) and further in view of Sedic (‘745). Regarding claims 1-20, Applicant contends that Shahoian (‘452) in view of Kobashikawa (‘413) use physiological data from an external sensor, and that the recited system includes a sensor configured to be worn by the first user and measure physiological data of the first user. Hence, Sedic is incorporated in the rejection(s) above for the teaching of a sensor which is “configured to be worn by the first user”.
Conclusion
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/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791
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