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 .
Response to Amendment
Applicant’s response filed January 27, 2026 has been entered. Original Claims 1-3,7,8,10 and New claims 12-20 are pending. Claims 4-6, 9, and 11 have been canceled.
Election/Restrictions
Newly submitted claims 13-15 and 18-20 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: the claims to the different species recite the mutually exclusive characteristics of such species,
Claims 13-14 , Fig. 2 , are directed to a penis stretcher with an alternating power generator provided with an eccentric block.
Claim 15, Fig. 3, directed to a penis stretcher with an electromotor, crank, connecting rod, and a guide rod movably mounted on a carriage on a sliding rail frame.
Claims 18, Fig. 5, directed to a penis stretcher with a piston pull rod, one end of the piston pull rod is connected to a spring, and the other end of the piston pull rod is configured to reciprocate within a piston assembly.
Claims 19-20, Fig. 7, directed to a penis stretcher with an electromagnet assembly; the electromagnet assembly is mounted on a carriage on a sliding rail frame and a counter weight.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 13-15 and 18-20 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Response to Arguments
Applicant’s arguments, see Remarks, filed January 27, 2026, with respect to the rejection of claims 1-7 and 9-11 under 35 USC 102 in view of RU20717, the rejection of claims 1-3, 5-7, 9, and 10 under 35 USC 102 in view of Jin, Guang-Shuo (CN110325152), and the rejections of claim 8 under 35 USC 103 in view of both RU20717 and Jin, Guang-Shuo (CN110325152) have been fully considered and are persuasive. Since Claims 4-6, 9, and 11 have been canceled, the rejection of these claims is moot. The rejections of remaining claims 1-3, 7, 8, and 10 have been withdrawn. The reference RU20717 does teach the force applying part comprises an electromagnet that generates alternating tensile stress through reciprocating motion but does not reasonably teach alone or in combination where energization and de-energization of the electromagnet are independent of the relative position between an electromagnetic coil and an iron core of the electromagnet. The reference to Jin, Guang-Shuo (CN110325152) does not reasonably teach alone or in combination the force applying part comprises an electromagnet that generates alternating tensile stress through reciprocating motion: and energization and de-energization of the electromagnet are independent of the relative position between an electromagnetic coil and an iron core of the electromagnet.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3,7,8,10, 12, and 16-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The subject matter added to claims 1 and 2 directed to energization and de-energization of the electromagnet are independent of the relative position between an electromagnetic coil and an iron core of the electromagnet.
Allowable Subject Matter
The examiner notes, upon cancelation of the new matter from the claims, the claims may be rejectable in view of the previously applied prior art to RU20717 which does teach the force applying part comprises an electromagnet that generates alternating tensile stress through reciprocating motion.
However, the examiner suggests considering incorporating more detail of figure 4, similar to the subject matter of claim 16, into claims 1 and 2. The prior art of record, including RU20717, does not appear to teach alone or in combination the specific structure wherein the varying force applying part is an electromagnetic motor that can realize linear motion, said electromagnetic motor being composed of a connecting plate, two electromagnets, and a guide rod, two springs, and a counterweight block in between the two electromagnets.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WANG(103417358) teaches a penis exerciser of the invention comprising a carrier component, a plurality of sliding members, a rotating component and a cover, multiple sliding members carried by the carrier component, the containing groove on the bottom surface of the carrier member, the shape of carrier member central sliding member close to the arc, a plurality of sliding members synchronously slide along the sliding groove under the action of rotating component, forms the action ring on the penis.
Sloan( US 20190350800) teaches an electromechanical device for male sexual stimulation that uses a reciprocal linear motion similar to sexual intercourse, and wherein the penis remains fully inserted during use. The reciprocal linear motion is generated by a small motor which drives a screw and nut mechanism, to which a bracket and gripper is attached. Inserted into the gripper is a flexible sleeve. A penis may be inserted into the device inside the flexible sleeve. The movement of the gripper and sleeve against the penis provides pressure and motion against the penis inside the sleeve in a manner similar to sexual intercourse. The speed, pattern, and location of the motion can be controlled by the user through controls on the outside of the device.
TAY( 2008039153) teaches a genital exercise device to exercise the penis and testes of a male person consists of a genital exerciser which is a resistance generating system. The resistance generating system is associated with a flywheel which is connected to a first end of a tape. The second end of the tape is connected to a genital attacher, which securely encloses the penis and scrotum. An actuator is connected to the tape to move the tape bi-directionally. The resistance generating system generates a variable and adjustable resistance force through the tape onto the penis and testes, and the actuator moves the tape bi-directionally.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791