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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 26 January 2026 has been entered. Claims 1, 3-11 and 13-20 are now pending. The Examiner acknowledges the amendments to claims 1 and 11.
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, 3-6, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zipper (U.S. Pub. No. 2018/0042809) in view of Scheuring et al. (U.S. Pub. No. 2016/0074276).
Regarding claim 1, Zipper discloses a method of providing stimulation therapy to a user, the method comprising: generating transcutaneous vibratory output ([0127]-[0128]) comprising one or more variable parameters, wherein the one or more variable parameters of the transcutaneous vibratory output comprise at least one of a perceived pitch, a perceived beat, a perceived intensity, an envelope, or a base tone ([0007], [0085], [0128] and [0077] - vibration from such a sexual stimulation device disclosed by Zipper is perceived by a user; such vibration, which varies in intensity [0007], will give rise to a pitch or beat); subjecting the user, in conjunction with the transcutaneous vibratory output, to a treatment modality (“psychotherapy”) (light therapy – [0063]-[0064] also constitutes “psychotherapy” as light therapy is commonly utilized in psychotherapy to improve mood and reduce stress/anxiety, along with increasing blood flow which improves the excitement phase of sexual stimulation [0065]-[0069] and [0071]), and at least one of selecting or modifying the one or more variable parameters of the transcutaneous vibratory output (adjusting the vibration frequency adjusts the perceived pitch – [0128]) to augment the treatment modality by stimulating at least one of sympathetic or parasympathetic branches of an autonomic nervous system (sexual stimulation is well-known to increase heart rate which is instigated by the sympathetic nervous system), wherein the treatment modality is at least one of a pharmacological therapy or a psychotherapy (as indicated above, a side effect of which is stress reduction), wherein the transcutaneous vibratory output augments the treatment modality/ psychotherapy by enhancing beneficial effects of the treatment modality (the transcutaneous vibratory output enhances psychotherapy as sexual stimulation is well-known to induce feelings of euphoria/excitement).
However, Zipper fails to disclose explicitly that the selecting or modifying is triggered in response to a calendar entry or scheduled event associated with the user. Scheuring et al. (hereinafter Scheuring) teaches a method of providing vibratory stimulation therapy to a user, as likewise disclosed by Zipper, wherein a variable parameter of a vibratory element of a vibrator may be adjusted based on completion/duration of a training schedule or activity [0114], wherein the variable parameter may be duration of vibration of a clitoral stimulator of a vibrator ([0114] and Fig. 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify/adjust a variable parameter such as duration of clitoral stimulation as taught by Scheuring, in a method for providing vibratory stimulation therapy to a user as suggested by Zipper, as Zipper recognizes the use of providing a vibrator which possesses programmability with respect to variable parameters ([0080] and [0082]) in “yes/no” and “if”/”then” scenarios associated with the user [0163], and Scheuring teaches that completion of such scenarios (e.g., “predetermined training schedule”) results in the activation of a further function of the device in terms of added clitoral stimulation at a longer duration [0114].
Regarding claim 3, at least one of the treatment modality or the transcutaneous vibratory output is selected to achieve a target state (arousal) of the user (Zipper - [0021]).
Regarding claim 4, the method further comprises generating data indicative of a condition of the user with a biometric sensor (Zipper - [0026] and [0117]-[0118]).
Regarding claim 5, at least one of the transcutaneous vibratory output or the treatment modality is based on the data indicative of the condition of the user (Zipper - [0121]).
Regarding claim 6, the step of at least one of selecting or modifying the one or more variable parameters of the transcutaneous vibratory output to augment the treatment modality is based on the data indicative of the condition of the user (Zipper - [0121]).
Regarding claim 9, the method further comprises concomitantly applying a sensory stimulation (Zipper: sensory stimulation and vibratory output can be applied via vaginal vibrator 204 and clitoral vibrator 304 [0080]; sensory stimulation via light stimulation can also be applied concomitantly [0155]).
Regarding claim 10, the sensory stimulation comprises at least one of a visual stimulation, an olfactory stimulation, a sound stimulation, a light stimulation, or a taste experience (Zipper: the sensory stimulation rendered from the vaginal vibrator 204 and clitoral vibrator 304 would both constitute sound stimulation; also see claims 24-25 and 34-35; sensory stimulation via light stimulation [0064]-[0071]).
Claims 11 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Zipper (U.S. Pub. No. 2018/0042809) in view of Alexander (U.S. Pub. No. 2013/0237751).
Regarding claim 11, Zipper discloses a method of treating a subject comprising: providing a treatment modality (psychotherapy related to achieving sexual excitement) based on at least one condition or target state of the subject ([0063]-[0064]); concomitantly applying a transcutaneous vibratory output to a portion of a body of the subject [0153]; and selecting or modifying the transcutaneous vibratory output to augment the treatment modality (adjusting the vibration frequency – [0128]) by stimulating at least one of sympathetic or parasympathetic branches of an autonomic nervous system (sexual stimulation is well-known to increase heart rate which is instigated by the sympathetic nervous system), wherein the treatment modality is at least one of a pharmacological therapy or a psychotherapy (as indicated above, a side effect of which is stress reduction), and wherein the transcutaneous vibratory output augments the treatment modality/ psychotherapy by enhancing beneficial effects of the treatment modality (the transcutaneous vibratory output enhances psychotherapy as sexual stimulation is well-known to induce feelings of euphoria/excitement).
However, Zipper fails to disclose explicitly that the selecting or modifying is triggered in response to content or activity associated with a social media account of the user. Alexander teaches a method of providing vibratory stimulation therapy to a user via a sexual appliance (see Abstract and [0037]-[0038]), as likewise disclosed by Zipper, wherein modification/control of the variable parameters of the device (such as motion/vibration/speed) ([0058] and [0037]-[0038]) is triggered in response to content or activity associated with a social media account of the subject [0058]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify/adjust a variable parameter in response to content or activity associated with a social media account of the subject as suggested by Alexander, in a method for providing vibratory stimulation therapy to a user as suggested by Zipper, as Zipper recognizes the use of providing a vibrator which possesses programmability with respect to variable parameters ([0080] and [0082]), and Alexander teaches that programming of the device could allow real-time remote control of the motor motion via social networking applications and “favorite motion profiles” of a user [0058].
Regarding claim 13, the method further comprises assessing a condition of the subject (Zipper: via sensors - [0026] and [0117]-[0118]).
Regarding claim 14, the method further comprises selecting at least one of the transcutaneous vibratory output or the treatment modality based on an assessed condition of the subject (Zipper - [0121]).
Regarding claim 15, the method further comprises selecting a sensory stimulation based on an assessed condition of the subject and concomitantly applying the sensory stimulation to the subject (Zipper: light therapy is selected for these requiring an increase in blood flow, improved tissue health and improved sexual function [0006]-[0008]); sensory stimulation via light stimulation can also be applied concomitantly [0155]).
Regarding claim 16, the sensory stimulation comprises at least one of a visual stimulation, an olfactory stimulation, a sound stimulation, a light stimulation, or a taste experience sensory stimulation via light stimulation (Zipper: [0064]-[0071]).
Regarding claim 17, the transcutaneous vibratory output comprises a perceived pitch and a perceived beat (Zipper: vibrational pulsing and changes in intensity will give rise to a perceived pitch and a perceived beat – [0007]).
Regarding claim 18, at least one of the perceived pitch or perceived beat is at least one of selected or modified based on the treatment modality and the target state of the subject (Zipper: [0074] and [0161]).
Allowable Subject Matter
Claims 7, 8, 19 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claims 7 and 8, while the prior art teaches a method of providing stimulation therapy to a user, the method comprising: generating transcutaneous vibratory output comprising one or more variable parameters; subjecting the user, in conjunction with the transcutaneous vibratory output, to a treatment modality, wherein the one or more variable parameters of the transcutaneous vibratory output comprise at least one of a perceived pitch, a perceived beat, a perceived intensity, an envelope, or a base tone; and at least one of selecting or modifying the one or more variable parameters of the transcutaneous vibratory output to augment the treatment modality by stimulating at least one of sympathetic or parasympathetic branches of an autonomic nervous system, wherein the treatment modality is at least one of a pharmacological therapy or a psychotherapy, wherein the transcutaneous vibratory output augments the treatment modality by enhancing beneficial effects of the treatment modality, and wherein the selecting or modifying is triggered in response to a calendar entry or scheduled event associated with the user, the prior art of record does not teach or fairly suggest a method of providing stimulation therapy to a user as claimed by Applicant, further comprising multiplicatively combining a sine wave-shaped envelope generated using the perceived beat with a wave pattern generated using the perceived pitch to produce the transcutaneous vibratory output.
Regarding claims 19 and 20, while the prior art teaches a method of treating a subject comprising: providing a treatment modality based on at least one condition or target state of the subject; concomitantly applying a transcutaneous vibratory output to a portion of a body of the subject; and selecting or modifying the transcutaneous vibratory output to augment the treatment modality by stimulating at least one of sympathetic or parasympathetic branches of an autonomic nervous system, wherein the treatment modality is at least one of a pharmacological therapy or a psychotherapy, wherein the transcutaneous vibratory output augments the treatment modality by enhancing beneficial effects of the treatment modality, and wherein the selecting or modifying is triggered in response to content or activity associated with a social media account of the subject, the prior art of record does not teach or fairly suggest a method of treating a subject as claimed by Applicant, further comprising: multiplicatively combining a sine wave-shaped envelope generated using the perceived beat with a wave pattern generated using the perceived pitch to produce the transcutaneous vibratory output.
Response to Arguments
Applicant’s arguments filed 26 January 2026 with respect to the rejection of claims 1, 3-6, 9-11 and 13-18 under 35 U.S.C. 102(a)(1) citing Zipper (‘809) have been fully considered and are persuasive, however new grounds of rejection are presented above under 35 U.S.C. 103 citing Zipper (‘809) in view of Scheuring ‘276; and 35 U.S.C. 103 citing Zipper (‘809) in view of Alexander (‘751); see rejections supra.
Applicant’s arguments filed 26 January 2026 with respect to the rejection of claims 1, 3-11 and 13-20 under Double Patenting have been fully considered and are persuasive in light of the amendments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE HOPKINS MATTHEWS whose telephone number is (571)272-9058. The examiner can normally be reached Monday - Friday, 7:30 am - 4:00 pm.
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/CHRISTINE H MATTHEWS/ Primary Examiner, Art Unit 3791
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