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 abstract of the disclosure is objected to because it includes legal language “comprises” in line 2 A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
Claims 1-5 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 1 – “uploading the use parameters of the first sex toy: uploading the use parameters of the first sex toy,” is duplicated.
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) 1-4 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (2022/0233396).
Claim 1 – Liu teaches an interaction method for sex toys, including the following steps: acquiring use parameters of a first sex toy -1002-: acquiring a working length parameter of the first sex toy, from the position of the pressure applied along the toy and a work speed parameter of the first sex toy by a displacement sensor, the movement of the pressure along the length of the toy; uploading the use parameters of the first sex toy, sent to -1003-: uploading the use parameters of the first sex toy, including the working length parameter of the first sex toy and the work speed parameter of the first sex toy, as sensed, as described above, to a cloud server -1004- through a first communication module -1003-; issuing instructions according to the acquired use parameters from -1005-: generating, by the cloud server, through -1006-, a running instruction according to the received use parameters of the first sex toy, generating, by the cloud server, a work speed instruction of a second sex toy according to the work speed parameter, generating, by the cloud server, a working length instruction of the second sex toy according to the working length parameter at -1006-, and sending the running instruction to the second sex toy -1008- matched with the first sex toy -1002-; and running the second sex toy -1008- according to the instructions: running the second sex toy according to the received running instruction to control a work speed and a working length of the second sex toy see figure 10 and 17.
Claim 2 – Liu teaches establishing a communication connection between the first sex toy -1002- and a first intelligent mobile terminal -1003-, and uploading information to the cloud server -1004- and -1005- through the first intelligent mobile terminal -1003-.
Claim 3 – Liu teaches establishing a communication connection between the second sex toy -1008- and a second intelligent mobile terminal -1007-, and acquiring information sent from the cloud server -1005- and -1006- through the second intelligent mobile terminal -1007-.
Claim 4 – Liu teaches. The interaction method for sex toys according to Claim 1, further comprising: acquiring a work force intensity parameter of the first sex toy by a pressure sensor.
Claim(s) 6-11 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (2022/0233396).
Claim 6 – Liu teaches an interaction system for sex toys including a first sex toy -1002-, a second sex toy -1008-, and a cloud server -1005-, wherein: the first sex toy comprises a first sex toy body -1002-, and a displacement sensor, the sensor as set forth in claim 1, and described as -1706- and a first communication module(unnumbered), to communicate with element -1003- as shown in figure 10, disposed in the first sex toy body, to communicate with element -1003-; the second sex toy -1008- comprises a second sex toy body, and a drive module, -305- and -306- , a vibration module -307- and -308- and a second communication module, unnumbered to communicate with -1007- disposed in the second sex toy body -1008-; the displacement sensor acquires a working length parameter, by determining where the pressure is applied along the length, of the first sex toy body -1002- then acquires a work speed parameter of the first sex toy, how fast the pressure moves and changes; the first communication module uploads use parameters of the first sex toy to the cloud server -1004-, and the use parameters include a work force intensity parameter of the first sex toy, pressure data, and a working length parameter of the first sex toy, where the pressure was applied; the cloud server, -1005- generates a running instruction according to the received use parameters of the first sex toy, generates a work speed instruction of the second sex toy -1008- according to the work speed parameter and generates a working length instruction of the second sex toy according to the working length parameter, and the second communication module -1007- sends the running instruction to the second sex toy -1008- matched with the first sex toy -1002- and the second sex toy runs -1008- according to the received running instruction, controls the drive module to control a working length of the second sex toy body according to the working length instruction, and controls the vibration module to control a work speed of the second sex toy body according to a work force intensity instruction, as shown in figure 17.
Claim 7 – Liu teaches a first intelligent mobile terminal -1003-, wherein the first sex toy establishes a communication connection with the first intelligent mobile terminal and uploads information to the cloud server -1004- through the first intelligent mobile terminal, see figure 10.
Claim 8 – Liu teaches a second intelligent mobile terminal, -1007-, wherein the second sex toy -1008- establishes a communication connection with the second intelligent mobile terminal and acquires information sent from the cloud server -1006- through the second intelligent mobile terminal -1007-.
Claim 9 Liu teaches the first sex toy -1002- further comprises a pressure sensor -205- through -208-, and the first sex toy acquires a work force intensity parameter of the first sex toy body through the pressure sensor see figure 2B.
Claim 10 – Liu teaches a second intelligent mobile terminal -1007-, wherein the second sex toy -1008- establishes a communication connection with the second intelligent mobile terminal and acquires multiple running instructions generated according to parameter information of the first sex toy -1002- through the second intelligent mobile terminal -1007-.
Claim 11 – Liu teaches see figure 11, multiple first sex toys -1102- are configured, multiple second sex toys -1106- are configured, and one or more of the first sex toys are used in cooperation with one or more of the second sex toys -1106a-separately.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (2022/0233396) as applied to claim 1 and in view of Alarcon(8,378,794).
Claim 5 – Liu teaches a method as claimed but does not teach measuring with a temperature sensor comprising: acquiring a working temperature of the first toy by a temperature sensor, or acquiring one or more of use action and shape parameters of a first sex toy body by an infrared sensor.
Alarcon teaches a stimulation system using a temperature sensor to ensure the device does not exceed a safe temperature, see column 15 lines 5-18.
It would have been obvious to one of ordinary skill in the medical arts at the time the invention was effectively filed to provide a step of measuring a temperature of the stimulation device with a temperature sensor as taught by Alarcon to provide the device with protections for the user by prevention of overheating of the device as taught by Alarcon.
Such a modification would produce a method of Liu including measuring temperature with a sensor and have a high expectation of success because measuring temperature to protect the user is old and well known in the medical arts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publication 2020/0315909 teaches a stimulation system for remote stimulation.
US Patent Application Publication 2003/0036678 teaches a remote stimulation system including sensors and a server network.
US Patent Application Publication 2021/0236380 teaches a stimulation system using multiple providers and multiple users, see figure 2.
US Patent 6,368,268 teaches an interactive virtual control of sexual aids over the cloud.
US Patent 7,527,589 teaches a stimulation/prosthesis including multiple sensors including position sensors and a temperature sensor.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at 571-272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMUEL G GILBERT/Primary Examiner, Art Unit 3791