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 disclosure is objected to because of the following informalities: on page 3, “vibrating element” and “socket” are given the same reference numeral -16-. “Flexible bands” and “straps” are both given the reference numeral -12-. “Flexible bands” are given two reference numerals, -12- and -14-. “second portion” is given multiple reference numerals, at least -58C- and -58C1-. Please correct all discrepancies regarding reference numerals.
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.
Claim 8 is 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 8 – in lines 1-2, “said springy metallic strap” lacks antecedent basis as the strap is presented in claim 3, while claim 8 depends from claim 1.
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) 1-3, 6 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rowan (2014/0243589).
Claim 1 – Rowan teaches a package -10- comprising at least a first portion comprising a sticker -22-; and a vibrating element-14-, vibration thereof for vibrating a second portion -13- of said package, thereby said vibration of said second portion -13-vibrates a portion of a user's body upon sticking said at least first portion of said package to the user's body and upon operating said vibrating element.
Claim 2 – Rowan said sticking said at least first portion of said package to the user's body comprises disposing said second portion of said package adjacent to a female pubic region surrounding a vaginal area, see paragraph [0017].
Claim 3 – Rowan teaches a flat, thin and springy metallic strap being packaged by said package, for being vibrated by said vibrating element, conductors -18-.
Claim 6 – Rowan teaches position of said vibrating element in relation to said package is user adjustable, thereby allowing the user to further adjust parameters of said vibration of said second portion of said package, using malleable material as set forth in paragraph [0018].
Claim 7 - Rowan teaches at least one parameter of said vibration of said vibrating element is user adjustable, thereby allowing the user to further adjust parameters of said vibration of said second portion of said package, frequencies selected by the user, paragraph [0028].
Allowable Subject Matter
Claims 4 and 5 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.
Claim 8 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:
regarding claim 4, the prior art does not teach or fairly suggest the springy metallic strap having the shape of a “W” with different parts directed to the body as claimed;
regarding claim 8, the prior art does not teach or fairly suggest said springy metallic strap in a slidable relation to the vibrating element.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 10,449,110 teaches a female vibration device -10- but does not teach a “W” shaped springy metallic strap.
US Patent Application Publication 2025/0228733 teaches a female vibration device with package -100- but uses a handheld vibrator and not a “W” shaped strap.
US Patent Application Publication 2025/0107936 teaches a female vibration device with package -1- but does not teach a “W” shaped strap.
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