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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/06/2025 has been entered.
Status of the Claims
The amendment filed 10/06/2025 has been entered. Claims 1-20 are pending and under consideration.
Response to Arguments
With regard applicant’s argument, see pages 5-8, with respect 35 USC 103 rejections that “an electronic control circuit configured to automatically power the drive motor based on detecting a proximity of the male canine to the sexual apparatus” have been considered and are at least partially persuasive, but are moot in light of new rejection/interpretation.
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 GIROTO et al (WO 2010139036 A1, provided by IDS and hereinafter 'Giroto') in view of Kobashikawa et al (US 8308631 B2, hereinafter "Kobashikawa') and Shin (KR 102069358 B1).
Regarding Claim 1, Giroto teaches a sexual apparatus for male canine comprising:
A first component (figure 6, rear hole 2) designed as a tubular hole (see figure 7);
A second component (figure 1, tubular vaginal channel 6) designed as a tubular insert (page 4 “A tubular vaginal channel (6) provided with a transversal cylindrical hollow portion (7) shall be inserted in the rear hole (2)”);
Wherein the first component is designed to receive the second component to engage in a sexual act (page 2 “The present female canine shaped doll has the objective of satisfying the sexual needs of the male dog though a sexual intercourse that is very similar to the natural one” and page 4 “A tubular vaginal channel (6) provided with a transversal cylindrical hollow portion (7) shall be inserted in the rear hole (2)”).
Giroto does not teach comprising a drive motor connected to the second component through a shaft, wherein the drive motor is configured to rotate or vibrate the shaft causing external stimuli for the second component.
However, in the same field of endeavor, namely an electronic variable stroke device, Kobashikawa teaches a drive motor (figure 13, motor 441) connected to the second component (figure 13, removable insert 431) through a shaft (figure 13, screw shafts 421), wherein the drive motor is configured to rotate or vibrate the shaft causing external stimuli for the second component (col 20 lines 22-25 “the motor 441 may drive a ring gear 423 engaged to one or more screw shaft gears 422 to supply rotational energy to the screw shafts 421”).
Kobashikawa provide the drive motor attached to removable insert through a screw shaft that supply rotational energy in order to providing electronically variable stroke function with respect to the male penis which provide male sexual stimulation for relaxation and pressure (col 2 lines 34-35 and col 19 lines 10-15)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Giroto to incorporate the teachings of Kobashikawa and provide comprising a drive motor connected to the second component through a shaft, wherein the drive motor is configured to rotate or vibrate the shaft causing external stimuli for the second component, and one of skill in the art motivated to do so, for the purpose of providing stroke motion with respect to the male penis for male sexual stimulation for relaxation and pressure.
The combination is still silent as to the sexual apparatus comprising an electronic control circuit configured to automatically power the drive motor based on detecting a proximity of the male canine to the sexual apparatus.
In the same field of endeavor, namely a sexual assist apparatus for dogs, Shin teaches the sexual apparatus comprising an electronic control circuit (see annotated translation below, control unit comprising a sensor unit that detect the presence of penis of the male dog and automatically operate the sex aid module, i.e., power the module and energize the vibration unit) configured to automatically power the drive motor based on detecting a proximity of the male canine to the sexual apparatus.
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Giroto, as modified by Kobashikawa, to incorporate the teachings of Shin and provide the electronic control circuit as claimed to enable the device operable by the dog independently without supervisor from the pet owner as taught by Shin (see annotation below)
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Regarding Claim 2, Giroto, as modified by Kobashikawa and Shin, teaches the apparatus of claim 1.
The combination further teaches wherein the first component is disposed at the rear side of a female canine doll (Giroto; see figure 6 and namely “rear hole” is disposed at the rear side of body 1).
Regarding Claim 3, Giroto, as modified by Kobashikawa, teaches the apparatus of claim 1.
The combination further teaches wherein the first component is designed as a vaginal passageway of the female canine doll (Giroto; see figures 1 and 6, and page 2 “The tubular piece, which shall be the vagina of the doll, comprises details and internal saliencies (called alveolus) in order to convey sensitivity to the penis of the animal when the contact is made” the hole 2 with insert 6 designed as a vaginal passageway)
Regarding Claim 4, Giroto, as modified by Kobashikawa and Shin, teaches the apparatus of claim 1.
The combination further teaches wherein the second component is designed as a vagina of the female canine doll (Giroto; page 2 “The tubular piece, which shall be the vagina of the doll, comprises details and internal saliencies (called alveolus) in order to convey sensitivity to the penis of the animal when the contact is made”).
Regarding Claim 5, Giroto, as modified by Kobashikawa and Shin, teaches the apparatus of claim 1.
The combination further teaches wherein the first component can be cleaned or washed with bactericide soap and water (Giroto; page 2 “The material used in the manufacturing of the referred doll and its nipple is water proof and can be cleaned or washed with bactericide soap and water whenever necessary” and “The cleaning of the internal reservoir can also be made with a jet of water with a bactericide product” hole 2 forming an internal channel therein and further interneural reservoir 3 as shown in figure 3 can be washed with bactericide soap and water).
Regarding Claim 6, Giroto, as modified by Kobashikawa and Shin, teaches the apparatus of claim 1.
The combination further teaches wherein the second component is removable and sterilizable (Giroto; page 2 “The silicone tube, which shall be in direct contact with the genitals of the dog, can be removed and sterilized with boiling water or cleaned with bactericide soap after its use”)
Regarding Claim 7, Giroto, as modified by Kobashikawa and Shin, teaches the apparatus of claim 1.
The combination further teaches wherein the first component is motor operated (Kobashikawa; see figure 13, the insert 431 is being inserted within the body 413 that is operated by motor 441 and shaft 421).
Regarding Claim 8, Giroto, as modified by Kobashikawa and Shin, teaches the apparatus of claim 1.
The combination further teaches wherein the second component collects the semen released by a male canine during the sexual act (Giroto; page 2 “Its channel is a hollow through hole so the semen freely flows through it”).
Regarding Claim 9, Giroto teaches a method for aiding a male canine during a sexual act, the method comprising:
Placing a second component into a first component (page 3 “A tubular vaginal channel (6) provided with a transversal cylindrical hollow portion (7) shall be inserted in the rear hole (2)”, inserting vaginal channel 6 into hole 2) ;
Receiving semen in the second component through the first component (page 2 “Its channel is a hollow through hole so the semen freely flows through it into the reservoir inside the body, where it could be collected from and stored for the means of artificial insemination or discard” the channel 6 receives semen through hole 2);
Removing the second component from the first component (page 2 “The silicone tube, which shall be in direct contact with the genitals of the dog, can be removed and sterilized with boiling water or cleaned with bactericide soap after its use”)
Sterilizing the first component and the second component (page 2 “The material used in the manufacturing of the referred doll and its nipple is water proof and can be cleaned or washed with bactericide soap and water whenever necessary, specially after each use, and can also be dried immediately and kept ready for the next use. The cleaning of the internal reservoir can also be made with a jet of water with a bactericide product. The silicone tube, which shall be in direct contact with the genitals of the dog, can be removed and sterilized with boiling water or cleaned with bactericide soap after its use.”)
Giroto does not teach the method comprising rotating or vibrating a shaft, connected to the second component, causing external stimuli for the second component.
However, in the same field of endeavor, namely an electronic variable stroke device, Kobashikawa teaches rotating or vibrating a shaft (figure 13 and col 19 lines 15-20, rotating screw shaft 421 by motor 441) through the drive motor, connected to the second component, causing external stimuli for the second component (col 20 lines 22-25 “the motor 441 may drive a ring gear 423 engaged to one or more screw shaft gears 422 to supply rotational energy to the screw shafts 421”)
Kobashikawa provide the drive motor attached to removable insert through a screw shaft that supply rotational energy in order to providing electronically variable stroke function with respect to the male penis which provide male sexual stimulation for relaxation and pressure (col 2 lines 34-35 and col 19 lines 10-15)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Giroto to incorporate the teachings of Kobashikawa and provide the method comprising rotating or vibrating a shaft, connected to the second component, causing external stimuli for the second component, and one of skill in the art motivated to do so, for the purpose of providing stroke motion with respect to the male penis for male sexual stimulation for relaxation and pressure.
The combination is still silent as to the method comprising automatically powering a drive motor based on detecting a proximity of the male canine.
In the same field of endeavor, namely a sexual assist apparatus for dogs, Shin teaches a method comprising automatically powering a drive motor based on detecting a proximity of the male canine (see annotated translation below, control unit comprising a sensor unit that detect the presence of penis of the male dog and operate the sex aid module, i.e., power the module and energize the vibration unit).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Giroto, as modified by Kobashikawa, to incorporate the teachings of Shin and provide the method as claimed to enable the device operable by the dog independently without supervisor from the pet owner as taught by Shin (see annotation below)
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Regarding Claim 10, Giroto, as modified by Kobashikawa and Shin, teaches a method of Claim 9.
The combination further teaches wherein the first component is designed as a tubular hole (Giroto; see figure 6, rear hole 6).
Regarding Claim 11, Giroto, as modified by Kobashikawa and Shin, teaches a method of Claim 9.
The combination further teaches wherein the second component is designed as a tubular insert (Giroto; page 4 “A tubular vaginal channel (6) provided with a transversal cylindrical hollow portion (7) shall be inserted in the rear hole (2)”))
Regarding Claim 12, Giroto, as modified by Kobashikawa and Shin, teaches a method of Claim 9.
The combination further teaches wherein the first component is disposed at the rear side of a female canine doll (Giroto; see figure 6 and namely “rear hole” is disposed at the rear side of body 1).
Regarding Claim 13, Giroto, as modified by Kobashikawa and Shin, teaches a method of Claim 9.
The combination further teaches wherein the first component is designed as a vaginal passageway of the female canine doll (Giroto; see figures 1 and 6, and page 2 “The tubular piece, which shall be the vagina of the doll, comprises details and internal saliencies (called alveolus) in order to convey sensitivity to the penis of the animal when the contact is made” the hole 2 with insert 6 designed as a vaginal passageway).
Regarding Claim 14, Giroto, as modified by Kobashikawa and Shin, teaches a method of Claim 9.
The combination further teaches wherein the second component is designed as a vagina of the female canine doll (Giroto; page 2 “The tubular piece, which shall be the vagina of the doll, comprises details and internal saliencies (called alveolus) in order to convey sensitivity to the penis of the animal when the contact is made”).
Regarding Claim 15, Giroto, as modified by Kobashikawa and Shin, teaches a method of Claim 9.
The combination further teaches wherein the first component can be cleaned or washed with bactericide soap and water (Giroto; page 2 “The material used in the manufacturing of the referred doll and its nipple is water proof and can be cleaned or washed with bactericide soap and water whenever necessary” and “The cleaning of the internal reservoir can also be made with a jet of water with a bactericide product” hole 2 forming an internal channel therein and further interneural reservoir 3 as shown in figure 3 can be washed with bactericide soap and water).
Regarding Claim 16, Giroto, as modified by Kobashikawa and Shin, teaches a method of Claim 9.
The combination further teaches wherein the first component is motor operated (Kobashikawa; see figure 13, the insert 431 is being inserted within the body 413 that is operated by motor 441 and shaft 421).
Regarding Claim 17, Giroto teaches a doll shaped as a female canine (page 2, “The present female canine shaped doll “) comprising:
A head portion (annotated figure 3, head);
A body portion (annotated figure 3, body) coupled to a plurality of limbs (annotated figure 3, limbs) and an opening (figure 1, hole 2) at the rear side of the body portion (see figure 6);
Wherein the head portion and body portion are connected through a neck portion (see annotated figure 3, the head is connected to the body through neck); and
Wherein the opening at the rear side is designed as a tubular hole to receive a tubular insert (page 4 “A tubular vaginal channel (6) provided with a transversal cylindrical hollow portion (7) shall be inserted in the rear hole (2)”), wherein a male animal inserts its penis in the tubular insert and ejaculates (page 2 “the tubular piece, which shall be the vagina of the doll, comprises details and internal saliencies (called alveolus) in order to convey sensitivity to the penis of the animal when the contact is made”)
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Giroto does not teach the doll further comprises a drive motor connected to the second component through a shaft, and wherein the drive motor is configured to rotate or vibrate the shaft causing external stimuli for the second component.
However, in the same field of endeavor, namely an electronic variable stroke device, Kobashikawa teaches a drive motor (figure 13, motor 441) connected to the second component (figure 13, removable insert 431) through a shaft (figure 13, screw shafts 421), wherein the drive motor is configured to rotate or vibrate the shaft causing external stimuli for the second component (col 20 lines 22-25 “the motor 441 may drive a ring gear 423 engaged to one or more screw shaft gears 422 to supply rotational energy to the screw shafts 421”).
Kobashikawa provide the drive motor attached to removable insert through a screw shaft that supply rotational energy in order to providing electronically variable stroke function with respect to the male penis which provide male sexual stimulation for relaxation and pressure (col 2 lines 34-35 and col 19 lines 10-15)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Giroto to incorporate the teachings of Kobashikawa and provide comprising a drive motor connected to the second component through a shaft, wherein the drive motor is configured to rotate or vibrate the shaft causing external stimuli for the second component, and one of skill in the art motivated to do so, for the purpose of providing stroke motion with respect to the male penis for male sexual stimulation for relaxation and pressure.
The combination is still silent as to the limbs are adjustable; and
Wherein the doll comprises an electronic control circuit comprises an electronic control circuit configured to automatically power the drive motor based on detecting a proximity of the male animal to the female canine doll.
However, in the same field of endeavor, namely a sexual assist apparatus for dogs, Shin teaches a sexual apparatus (apparatus as shown in figure 1) comprising adjustable limbs (figure 1, legs 230, page 6 “selectively adjusting the length of the legs”); and
Wherein the doll comprises an electronic control circuit configured to automatically power the drive motor based on detecting a proximity of the male animal to the female canine doll (see annotated translation below, control unit comprising a sensor unit that detect the presence of penis of the male dog and operate the sex aid module, i.e., power the module and energize the vibration unit).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Giroto, as modified by Kobashikawa, to incorporate the teachings of Shin and provide the electronic control circuit as claimed to enable the device operable by the dog independently without supervisor from the pet owner as taught by Shin (see annotation below), and to provide the adjustable limbs in order to accommodate variety of position of dog (translate page 4 “That is, the dog sex aid of the present invention by the plurality of legs (140, 230) can be modified in various positions. As an example, the dog is stretched to form a height of the first body portion 100 is lower than the height of the second body portion200, the first body portion 100 and the second body portion ( The height of the first body portion 100 and the height of the second body portion 200 is equal to the horizontal state of the same height.”).
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Regarding Claim 18, Giroto, as modified by Kobashikawa and Shin, teaches the doll of claim 17.
The combination further teaches wherein the tubular hole is designed as a vaginal passageway and the tubular insert is designed as a vagina of the female canine dole (Giroto; figures 1 and 6, and page 2 “The tubular piece, which shall be the vagina of the doll, comprises details and internal saliencies (called alveolus) in order to convey sensitivity to the penis of the animal when the contact is made” the hole 2 with insert 6 designed as a vaginal passageway).
Regarding Claim 19, Giroto, as modified by Kobashikawa and Shin, teaches the doll of claim 17.
The combination further teaches wherein the head portion through the neck portion is movably or immovably connected to the body portion (Giroto; see annotated figure 3, the head is attached to the body through the neck in integral piece, such that the head portion is at least immovably connected to the body portion).
Regarding Claim 20, Giroto, as modified by Kobashikawa and Shin, teaches the doll of claim 17.
The combination further teaches wherein the tubular hole is motor operated (Kobashikawa; see figure 13, the insert 431 is being inserted within the bore of the body 413 that is operated by motor 441 and shaft 421).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yvoz (US 20070282285 A1) is cited as disclosing the control circuit detect the presence of the animal and automatically control the actuator
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/SETH HAN/Examiner, Art Unit 3781