DETAILED ACTION
This Office Action is responsive to the Amendment filed 1 May 2025. Claims 1-
20 are now pending. The Examiner acknowledges the amendments to claims 1, 8 and
15.
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 1-20 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). Regarding claim 1, Shahoian et al. (hereinafter Shahoian) discloses a sexual aid system (Fig. 17; [0115] and [0116]) comprising: a first sexual aid device (“male device”) 400 (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]), the 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 Shoahoian 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.)
Shoahoian further discloses that the first sexual aid device (“male device”) 400 includes a sensor 445 configured to measure physiological data of the first user during use of the first electro-mechanical device ([0076], [0115] and [0114]; and Figs. 4 and 17), and a first processor configured to: cause the first electro-mechanical device to operate according to a control pattern during the session ([0107]-[0109], [0113], [0133], [0134], [0143] and Fig. 11); receive the physiological data from the sensor, and transmit information indicative of the physiological data and the control pattern to a network ([0107]-[0109], [0113], [0133], [0134], [0143] and Fig. 11). Shoahoian further discloses that the system comprises a second sexual aid device (“female device”) 100 Figs. 1A-3 and 17; [0115], [0116] and [0051]) 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, the information indicative of the physiological data and the control pattern, and cause the second electro-mechanical device to operate using in part the information indicative of the physiological data and the control pattern ([0107]-[0109], [0113], [0115]-[0122] and [0126]).
However, Shoahoian 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 Shoahoian as Shoahoian 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].
Regarding claim 2, Shoahoian 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, Shoahoian 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 processor via the network ([0107]-[0109]); 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 control pattern to the second processor via the network ([0107]-[0109], [0133]-[0135], [0138]-[0140] and Fig. 15).
Regarding claim 4, 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 (at least “muscle tension” from an increase in pressure exerted on the first sexual aid device (“male device”) 400 from a tightening of the vaginal canal ([0076] of Shoahoian).
Regarding claim 5, Shoahoian 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, Shoahoian 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, Shoahoian discloses that the second processor (of the second sexual aid device (“female device”) 100) is configured to: receive from the network 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 (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]), the 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 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 Shoahoian 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.)
Shoahoian 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 a control pattern during the session ([0107]-[0109], [0113], [0133], [0134], [0143] and Fig. 11); and transmit, to a network, the information indicative of the control pattern of the first electro-mechanical device ([0077], [0115], [0133], [0134]; and Figs. 11 and 17).
Shoahoian further discloses that the system comprises a second sexual aid device (“female device”) 100 Figs. 1A-3 and 17; [0115], [0116] and [0051]) 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, the information indicative of the control pattern of the first electro-mechanical device ([0107]-[0109]); and cause the second electro-mechanical device to operate using, in part, the information indicative of the control pattern of the first electro-mechanical device ([0107]-[0109] and [0115]).
However, Shoahoian 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 Shoahoian as Shoahoian 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].
Regarding claim 9, Shoahoian 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, Shoahoian 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, Shoahoian 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 processor 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 processor via the network ([0121], [0122], [0133]-[0135], [0138]-[0140] and Fig. 15).
Regarding claim 12, Shoahoian discloses that the first sexual aid device (“male device”) 400 includes a sensor 445 configured to measure physiological data of the first user during use of the first electro-mechanical device ([0076], [0115] and [0114]; and Figs. 4 and 17), wherein the first processor is configured to: receive the physiological data from the sensor, and transmit information indicative of the physiological data to the network ([0113], [0133], [0134], [0143] and Fig. 11).
Regarding claim 13, Shoahoian discloses that the second processor is configured to: receive, from the network, 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, 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 (at least “muscle tension” from an increase in pressure exerted on the first sexual aid device (“male device”) 400 from a tightening of the vaginal canal ([0076] of Shoahoian).
Regarding claim 15, Shahoian discloses a sexual aid system (Fig. 17; [0115] and [0116]) comprising: a first sexual aid device (“male device”) 400 (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 Shoahoian 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.)
Shoahoian further discloses that the first sexual aid device (“male device”) 400 includes a sensor 445 configured to measure physiological data of the first user during use of the first electro-mechanical device ([0076], [0115] and [0114]; and Figs. 4 and 17), and a first processor configured to: receive the physiological data from the sensor, ([0113], [0133], [0134], [0143] and Fig. 11), at least one of determine or receive information indicative of the control pattern of the first electro-mechanical device ([0107]-[0109], [0113] and [0077]); cause the first electro-mechanical device to operate according to a control pattern during the session ([0107]-[0109], [0113], [0133], [0134], [0143] and Fig. 11), and transmit, to a network, the information indicative of the physiological data, and (ii) the information indicative of the control pattern of the first electro-mechanical device ([0077], [0107]-[0109], [0113], [0115], [0133], [0134]; and Figs. 11 and 17).
Shoahoian further discloses that the system comprises a second sexual aid device (“female device”) 100 Figs. 1A-3 and 17; [0115], [0116] and [0051]) 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, the information indicative of the physiological data and the information indicative of the control pattern ([0107]-[0109]); 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] and [0115]).
However, Shoahoian 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 Shoahoian as Shoahoian 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].
Regarding claim 16, Shoahoian 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, Shoahoian 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, Shoahoian 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, Shoahoian 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 processor 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 physiological data and the control pattern to the second processor via the network ([0107]-[0109], [0121], [0122], [0133]-[0135], [0138]-[0140] and Fig. 15).
Regarding claim 20, 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 (at least “muscle tension” from an increase in pressure exerted on the first sexual aid device (“male device”) 400 from a tightening of the vaginal canal ([0076] of Shoahoian).
Response to Arguments
Applicant’s arguments filed 1 May 2025 with respect to the rejection of claims 1-20 under 35 U.S.C. 102(a)(1) citing Shahoian (‘452) 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).
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.
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/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791
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