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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification does not set forth antecedent basis for “treatment parameter” as set forth in claims 5 and 14.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6, 9-15 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cooper et al.(2019/0167514, hereinafter Cooper)
Claim 1 – Cooper teaches a sexual wellness therapy system configured to be worn by at least two users, the system comprising: a sexual wellness device configured to be worn by a first of the two users, wearable -1-, the sexual wellness device comprising: at least one action mechanism incorporated therein, stimulation device -2-; a control garment remote from the sexual wellness device, the control garment , wearable -1- worn by the partner, configured to be worn by a second of the two users, the control garment being configured to control an action of the action mechanism via proximity or other sensors, -3S- and -3E-; and a system controller -5- in communication with the sexual wellness device and the control garment to control at least one parameter, frequency or intensity, paragraph [0144] of the sexual wellness system.
Claim 2 – Cooper teaches the at least one parameter of the sexual wellness system comprises a proximity parameter, see -3S- and -3E-.
Claim 3 – Cooper teaches the at least one parameter of the sexual wellness system comprises an intensity parameter, see paragraph [0140].
Claim 4 – Cooper teaches the at least one parameter of the sexual wellness system comprises a mixed parameter, proximity, depth of insertion, frequency, intensity, heart rate and blood pressure, paragraphs, [0140] through [0146].
Claim 5 – Cooper teaches the at least one parameter of the sexual wellness system comprises a treatment parameter, electrical, temperature, mechanical pressure, vibrational or suction, see paragraph [0148].
Claim 6 – Cooper teaches the proximity parameter is configured, whereby the control garment activates the action mechanism by proximity to the sexual wellness device, see -3S- and -3E-.
Claim 9 – Cooper teaches elements -1- which provide for a second sexual wellness device configured to be worn by the second user; and a second control garment configured to be worn by the first user; wherein the second control garment is configured to control an action mechanism of the second sexual wellness device, as well as each wearable shown in figure 4, provide control circuits and stimulator devices as claimed, Cooper further teaches additional wearables -14-.
Claim 10 – Cooper teaches a method of treating a couple using a sexual wellness system, the method comprising the steps of: providing a sexual wellness device configured to be worn by a first user -1- (stimulator wearable), the sexual wellness device comprising: at least one action mechanism -2- incorporated therein; providing a control garment configured to be worn by a second user -1-, the control garment being remote from and configured to control an action of the sexual wellness device (partner wearable); and providing a system controller elements -5- or -15- in communication with the sexual wellness device and the control garment to control at least one parameter of the sexual wellness system frequency, paragraph [0140].
Claim 11 – Cooper teaches the at least one parameter of the sexual wellness system comprises a proximity parameter, whereby the control garment is configured to control the at least one action mechanism when it is in a proximity thereto, see -3S- and -3E-.
Claim 12 – Cooper teaches at least one parameter of the sexual wellness system comprises a time parameter, whereby the control garment is able to control the at least one action mechanism for a period of time, timing or time of orgasm as set forth in paragraphs [0144] and [0147].
Claim 13 – Cooper teaches the system controller -5- or -15- are configured to communicate with the control garment -1-, whereby the control garment is configured to control the at least one parameter, frequency and the at least one action mechanism -2-.
Claim 14 – Cooper teaches the at least one parameter comprises a treatment parameter, heart rate or blood pressure, paragraph [0146].
Claim 15 – Cooper teaches the treatment parameter comprises the control garment -1- activating the action mechanism -2- of the sexual wellness device to stimulate at least the first user.
Claim 18 – Cooper teaches providing a second -1- or -14- at least one sexual wellness device configured to be worn by the second user; and providing a second control garment -1- or -14- configured to be worn by the first user; wherein the second control garment is configured to control an action mechanism -2- of the second at least one sexual wellness device.
Claims 19 and 20 – Cooper teaches stimulating a male and a female, paragraph [0053], the step of stimulating the first user inherently treats a condition of premature ejaculation and low libido, simultaneous climax set forth in paragraph [0147].
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7, 8, 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper(2019/0167514) in view of Salzhauer(2009/0036731, hereinafter Sal).
Claims 7 and 8 – Cooper teaches a system as claimed and setting forth only a generic recitation of a power source, see paragraph [0130]. It is inherent that all the working elements of the system require a power source.
Sal teaches a stimulation system including vibrating motor, rechargeable battery -63-, induction charging receiver -92-, and a charging transmitter -91-.
It would have been obvious to one of ordinary skill at the time the invention was effectively filed to provide the stimulator wearable -1- and the partner wearable -1- of Cooper with a rechargeable battery and induction receiver and separate charging transmitter to provide a rechargeable power source for the wearable elements.
Such a combination would produce predictable results of the wearable devices of Cooper including a rechargeable battery and induction charging receiver while having a separate external charging transmitter as taught by Sal.
Claims 16 and 17 – Cooper teaches a method as claimed and setting forth only a generic recitation of a power source, see paragraph [0130]. It is inherent that all the working elements of the system require a step of providing a power source.
Sal teaches a method of providing a stimulation system including vibrating motor, rechargeable battery -63-, induction charging receiver -92-, and a charging transmitter -91-.
It would have been obvious to one of ordinary skill at the time the invention was effectively filed to provide the stimulator wearable -1- and the partner wearable -1- of Cooper with a rechargeable battery and induction receiver and separate charging transmitter to provide a rechargeable power source for the wearable elements.
Such a combination would produce predictable results of providing the wearable devices of Cooper including a rechargeable battery and induction charging receiver while having a separate external charging transmitter as taught by Sal.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publications; 2004/0132439 teaches a remotely operated wireless toy; 2016/0175186 teaches a wearable actuator and method of use and 2014/0243589 teaches a wearable disposable vibrating apparatus.
US Patent Application Publications 2022/0233396 and 2015/0174000 teach remote stimulation systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL G GILBERT whose telephone number is (571)272-4725. The examiner can normally be reached MaxiFlex; M-F 8-5.
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/SAMUEL G GILBERT/Primary Examiner, Art Unit 3791