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 lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 81, 82, and 247 are objected to because of the following informalities:
In claim 81, last line: “a physiological sensor” should apparently read --and a physiological sensor-- or --or a physiological sensor-- or --and/or a physiological sensor--.
In claim 81, last line: “glucose” should apparently read --and glucose-- or --or glucose-- or --and/or glucose--.
In claim 247, line 2: “totrigger” should apparently read --to trigger--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 38, 43, 45, 49, 49, 60, 63, 65, 66, 73, 80-86, 94, 96, 97, 107, 108, and 234-251 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention
Claim 38 recites the limitation “a sexually aroused state” in line 3. It is not clear if this is intended to refer to the same sexually aroused state recited in lines 1-2 or to a separate state. If the former is intended, the limitation should read --the sexually aroused state--. If the latter is intended, the limitation “the sexually aroused state” in line 6 is not clear which of the two states is being referred to.
Claim 237 recites that the wearable device can be “a connected vehicle.” It is not clear how a vehicle can be a wearable device.
Claims 43, 45, 49, 49, 60, 63, 65, 66, and 234-237 are rejected by virtue of their dependence upon claim 38.
Claim 73 recites the limitation “a sexually aroused state” in line 3. It is not clear if this is intended to refer to the same sexually aroused state recited in lines 1-2 or to a separate state. If the former is intended, the limitation should read --the sexually aroused state--. If the latter is intended, the limitation “the sexually aroused state” in line 6 is not clear which of the two states is being referred to.
Claim 83 recites the limitation “upon achievement of the sexually aroused state” in lines 1-2. However, claim 73 recites “receiving an indication that a subject is in a sexually aroused state,” as well as “maintaining or amplifying the sexually aroused state.” Thus, it is not clear what “upon achievement” means in this context.
Claim 96 recites the limitation “applying a sensory stimulation to the subject” in lines 1-2. It is not clear if this is intended to be a separate stimulation from the transcutaneous vibratory output.
Claim 241 recites that the wearable device can be “a connected vehicle.” It is not clear how a vehicle can be a wearable device.
Claims 80-86, 94, 96, 97, 107, 108, and 238-241 are rejected by virtue of their dependence upon at least one rejected base claim.
Claim 242 recites the limitation “a sexually aroused state” in lines 6-7. It is not clear if this is intended to refer to the same sexually aroused state recited in lines 1-2 or to a separate state. If the former is intended, the limitation should read --the sexually aroused state--. If the latter is intended, the limitation “the sexually aroused state” in line 10 is not clear which of the two states is being referred to.
Claim 242 also recites the limitation “a transcutaneous vibratory output” in line 8. It is not clear if this is intended to refer to the same transcutaneous vibratory output recited in line 3 or to a separate output. If the former is intended, the limitation should read --the transcutaneous vibratory output--. If the latter is intended, the limitation “the transcutaneous vibratory output” in line 10 is not clear which of the two outputs is being referred to.
Claim 247 recites the limitation “a receipt of the indication” in line 2. It is not clear if this is intended to refer to the “receive an indication” recited in claim 242 or to a separate receipt. If the former is intended, the limitation should read --the receipt of the indication--.
Claim 251 recites that the wearable device can be “a connected vehicle.” It is not clear how a vehicle can be a wearable device.
Claims 243-251 are rejected by virtue of their dependence upon claim 242.
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.
Claims 38, 43, 45, 48, 49, 60, 73, 80-86, 94, 96, 97, 108, and 242-247 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berry et al. (U.S. Pub. No. 2007/0055096 A1; hereinafter known as “Berry”).
Regarding claim 38, Berry discloses a method of assisting a subject to reach or maintain a sexually aroused state (Abstract), comprising: receiving an indication of a desire to be in a sexually aroused state ([0028]-[0029]; e.g., switching the device on when the user wants to be sexually stimulated); and generating, using a motor, a transcutaneous vibratory output to be applied to the subject via contact with a portion of a body of the subject to assist the subject in achieving or maintaining the sexually aroused state ([0026]), the transcutaneous vibratory output having variable parameters comprising a perceived pitch, a perceived beat, and a perceived intensity ([0044]).
Regarding claim 43, Berry discloses that the indication is an activation of an external device ([0028]-[0029]; e.g., the vibrator is an external device).
Regarding claim 45, Berry discloses that the indication is based on data from at least one of a sensor, a mobile device, an external device, or a wearable device ([0028]-[0029]; e.g., the vibrator is an external device).
Regarding claim 48, Berry discloses upon achievement of the sexually aroused state, at least one of terminating the transcutaneous vibratory output or modifying the variable parameters to maintain the sexually aroused state or to enter a new state ([0028]-[0029]; e.g., turning off the device).
Regarding claim 49, Berry discloses upon occurrence of a terminating event, terminating or modifying the transcutaneous vibratory output ([0028]-[0029]; [0031] e.g., turning off the device).
Regarding claim 60, Berry discloses that the sexually aroused state is identifiable based on at least one of data from a sensor, a heart rate, a heart rate variability, a high-pitched speaking volume, an increase in vaginal lubrication or blood flow, an achievement of orgasm, an erectile state, a discharge of seminal fluid, mobile device data, user input, or an increased use of sexually suggestive words (e.g., the state at issue is identifiable in such a matter; the claim does not positively recite a step of identifying the state).
Regarding claim 73, Berry discloses a method of assisting a subject to reach or maintain a sexually aroused state (Abstract), comprising: receiving an indication that a subject is in a sexually aroused state ([0028]-[0029]; e.g., switching the device on when the user is aroused and wants sexual stimulation); and generating, using a motor, a transcutaneous vibratory output to be applied to the subject via contact with a portion of a body of the subject to assist the subject in maintaining or amplifying the sexually aroused state ([0026]), the transcutaneous vibratory output having variable parameters comprising a perceived pitch, a perceived beat, and a perceived intensity ([0044]).
Regarding claim 80, Berry discloses that the indication is based on data from at least one of a sensor, a mobile device, an external device, or a wearable device ([0028]-[0029]; e.g., the vibrator is an external device).
Regarding claims 81 and 82, Berry discloses that the sensor is at least one of a heart rate monitor, a vaginal photoplethysmograph, a tactile sensor, an audio sensor/microphone, an image sensor, a pulse sensor, a sensor for galvanic skin response, a pneumatic anal pressure probe, a temperature sensor, a sensor that measures a muscle contraction force, a motion sensor, a biometric sensor, a physiological sensor, wherein the physiological sensor senses at least one of a vaginal air pressure, a perspiration, a blood pressure, a blood flow, an engorgement, skin moisture, eye movement, a vocalization, a body temperature, a muscle tension, a respiration, a temperature, GSR, SpO2, spirometry, EEG, ECG, EMG, a heart rate, HRV, CO2, motion, glucose (as detailed, Berry teaches, for example, an external device; claims 81 and 82 do not require the indication to be based on data from the sensor/physiological sensor).
Regarding claim 83, Berry discloses upon achievement of the sexually aroused state, at least one of terminating the transcutaneous vibratory output or modifying the variable parameters to maintain the sexually aroused state or to enter a new state ([0028]-[0029]; e.g., turning off the device).
Regarding claim 84, Berry discloses upon occurrence of a terminating event, terminating or modifying the transcutaneous vibratory output ([0028]-[0029]; [0031] e.g., turning off the device).
Regarding claim 85, Berry discloses that the terminating event is an orgasm, an ejaculation, a change of location, a motion, or an indication of sleep ([0031]).
Regarding claim 86, Berry discloses the terminating event is identified via at least one of a sensor, a mobile device, a wearable device, or an external device ([0031]).
Regarding claim 94, Berry discloses that the portion of the body is a non-genital portion ([0012]; [0045]; e.g., can be used anally, which is not a genital portion).
Regarding claims 96 and 97, Berry discloses applying a sensory stimulation to the subject, wherein the sensory stimulation comprises one or more of visual stimulation, audio stimulation, olfactory stimulation, taste stimulation, massage, or tactile genital stimulation ([0026]).
Regarding claim 108, Berry discloses that the transcutaneous vibratory output is user selectable between frequencies within an audible range and frequencies outside the audible range ([0044]).
Regarding claim 242, Berry discloses a system of assisting a subject to reach or maintain a sexually aroused state (Abstract; Figs. 3, 4), comprising: a transducer adapted to emit a transcutaneous vibratory output ([0026]); a processor in electronic communication with the transducer ([0029]; [0037]), the processor programmed to: receive an indication of at least one of a desire to be in or a presence in a sexually aroused state ([0028]-[0029]; e.g., switching the device on when the user wants to be sexually stimulated); and cause the transducer to emit a transcutaneous vibratory output to be applied to the subject via contact with a portion of a body of the subject to assist the subject in achieving or maintaining the sexually aroused state ([0026]), the transcutaneous vibratory output having variable parameters comprising a perceived pitch, a perceived beat, and a perceived intensity ([0044]).
Regarding claim 243, Berry discloses at least one of a sensor, a mobile device, an external device, or a wearable device in electronic communication with the processor, and adapted to provide data to the processor relating to the indication ([0017]; [0032]).
Regarding claim 244, Berry discloses that the indication is an activation of an external device in electronic communication with the processor ([0029]; [0032]).
Regarding claim 245, Berry discloses that the external device is at least one of a speaker, an olfactory device, a genital stimulator, a massager, or a light ([0024]; [0036]).
Regarding claim 246, Berry discloses that the sensor is at least one of a physiological sensor, a tactile sensor, an audio sensor/microphone, an image sensor, an environmental sensor, or a motion sensor (as detailed, Berry teaches, for example, an external device; claim 246 does not require the sensor; Barry further teaches, for example, a microphone at [0017]).
Regarding claim 247, Berry discloses that the processor is further programmed to trigger the transducer to emit in response to a receipt of the indication ([0029]; [0032]).
Claims 38, 73, 107, 234-242, 250, and 251 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shadduck (U.S. Pub. No. 2016/0175186 A1).
Regarding claim 38, Shadduck discloses a method of assisting a subject to reach or maintain a sexually aroused state (Abstract), comprising: receiving an indication of a desire to be in a sexually aroused state ([0038]; [0048]; e.g., switching the device on when the user wants to be sexually stimulated); and generating, using a motor, a transcutaneous vibratory output to be applied to the subject via contact with a portion of a body of the subject to assist the subject in achieving or maintaining the sexually aroused state ([0040]; [0048]; [0080]; [0084]), the transcutaneous vibratory output having variable parameters comprising a perceived pitch, a perceived beat, and a perceived intensity ([0085]).
Regarding claim 73, Shadduck discloses a method of assisting a subject to reach or maintain a sexually aroused state (Abstract), comprising: receiving an indication that a subject is in a sexually aroused state ([0038]; [0048]; e.g., switching the device on when the user is aroused and wants sexual stimulation); and generating, using a motor, a transcutaneous vibratory output to be applied to the subject via contact with a portion of a body of the subject to assist the subject in maintaining or amplifying the sexually aroused state ([0040]; [0048]; [0080]; [0084]), the transcutaneous vibratory output having variable parameters comprising a perceived pitch, a perceived beat, and a perceived intensity ([0085]).
Regarding claim 107, Shadduck discloses that the transcutaneous vibratory output is at a non-audible frequency ([0047]; [0052]).
Regarding claim 234, Shadduck discloses that the motor is a component of a wearable device (Figs. 4, 9, 12, 14, 15; [0078]).
Regarding claim 235, Shadduck discloses that the wearable device is in contact with the portion of the body ([0078]).
Regarding claim 236, Shadduck discloses that the wearable device further comprises a sensor to sense a state of the subject ([0050]; [0056]).
Regarding claim 237, Shadduck discloses that the wearable device is at least one of a stimulation device, smartphone, a fitness monitor, a smart watch, a smart speaker, a smart eyewear, a connected vehicle, or a smart headphones ([0040]-[0041]).
Regarding claim 238, Shadduck discloses that the motor is a component of a wearable device (Figs. 4, 9, 12, 14, 15; [0078]).
Regarding claim 239, Shadduck discloses that the wearable device is in contact with the portion of the body ([0078]).
Regarding claim 240, Shadduck discloses that the wearable device further comprises a sensor to sense a state of the subject ([0050]; [0056]).
Regarding claim 241, Shadduck discloses that the wearable device is at least one of a stimulation device, smartphone, a fitness monitor, a smart watch, a smart speaker, a smart eyewear, a connected vehicle, or a smart headphones ([0040]-[0041]).
Regarding claim 242, Shadduck discloses a system of assisting a subject to reach or maintain a sexually aroused state (Abstract; Figs. 4, 9, 12, 14, 15), comprising: a transducer adapted to emit a transcutaneous vibratory output ([0040]; [0048]; [0080]; [0084]); a processor in electronic communication with the transducer (Fig. 5; [0047]-[0049]), the processor programmed to: receive an indication of at least one of a desire to be in or a presence in a sexually aroused state ([0038]; [0048]; e.g., switching the device on when the user wants to be sexually stimulated); and cause the transducer to emit a transcutaneous vibratory output to be applied to the subject via contact with a portion of a body of the subject to assist the subject in achieving or maintaining the sexually aroused state ([0040]; [0048]; [0080]; [0084]), the transcutaneous vibratory output having variable parameters comprising a perceived pitch, a perceived beat, and a perceived intensity ([0085]).
Regarding claim 250, Shadduck discloses that the processor and the transducer are components of a wearable device (Figs. 4, 9, 12, 14, 15; [0078]).
Regarding claim 251, Shadduck discloses that the wearable device is at least one of a stimulation device, smartphone, a fitness monitor, a smart watch, a smart speaker, a smart eyewear, a connected vehicle, or a smart headphones ([0040]-[0041]).
Claim Rejections - 35 USC § 103
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.
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.
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.
Claim 63 is rejected under 35 U.S.C. 103 as being unpatentable over Berry as applied to claim 38 above, and further in view of Squicciarini (U.S. Pub. No. 2009/0171144 A1). Berry discloses the invention as claimed, see rejection supra, but fails to disclose administering a substance selected from the group consisting of an erectile dysfunction agent, sildenafil, flibanserin, a hormone, MDMA, psilocybin, cannabis, an anti-depressant, an anti-anxiety drug, an anti-psychotic, and a psychoactive drug. Squicciarini discloses a similar method (Abstract) that includes administering a hormone in order to treat sexual dysfunction ([0006]; [0012]; [0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Berry by administering a hormone, as taught by Squicciarini, in order to treat sexual dysfunction.
Allowable Subject Matter
Claims 65, 66, 248, and 249 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art of record teaches or reasonably suggests 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, in combination with the other recited steps/components.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791