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 .
Claim Objections
Claims 2 and 11 are objected to because of the following informalities: at line 3 of claim 2, “second ends” should apparently read –second ends,--; at line 4 of claim 11, “second ends” should apparently read -- second ends,--; and at line 13 of claim 11, “shaft;” should apparently read –shaft; and--. 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 2-4 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 2 at lines 3-4 recites “wherein a first section includes said first end and a second section includes said second end are positioned on opposite sides of said center section”. It is unclear if it is the ends or the sections that are positioned on opposite sides of the center section. A suggested amendment is -- wherein a first section including said first end and a second section including said second end are positioned on opposite sides of said center section--.
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 and 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nan (U.S. Pub. No. 2006/0135892) (hereinafter “Nan”) in view of Nan (U.S. Pub. No 2008/0207990) (hereinafter “Nan (‘990)”). Regarding claim 1, Nan discloses a vaginal dilator assembly (Fig. 1) comprising: a shaft 12 having a perimeter wall enclosing a receiving space (chamber 22 where indicia 14 resides) (Fig. 2 and [0022]); and a plurality of beads/jewelry 14 being removably stored within said receiving space of said shaft ([0019], [0022], [0026]-[0027]). However, Nan fails to disclose explicitly that the plurality of beads/jewelry comprise crystals. Nan (‘990) discloses a vibration massager component, as likewise disclosed by Nan, wherein aesthetic objects 25, such as artificial diamonds (considered to be “crystals”), are arranged inside the assembly in order to provide a desired visual effect and attract attention of the user ([0016] and [0022]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a plurality of beads/jewelry as taught by Nan, with the artificial diamonds/crystals as taught by Nan (‘990) as Nan teaches the incorporation of indicia such as beads, jewelry or other suitable aesthetic elements which would provide attractiveness to the vibrating massager [0027], and Nan (‘990) teaches that diamonds/crystals attract the attention of a user of a massage device [0022].
Regarding claim 2, Nan teaches that the perimeter wall has a first end and a second end, said perimeter wall having a center section being spaced between said first and second ends wherein a first section includes said first end and a second section includes said second end are positioned on opposite sides of said center section (see reproduction below of Fig. 3).
[AltContent: textbox (“second end”)][AltContent: textbox ([img-media_image1.png])]
[AltContent: ][AltContent: arrow]
[AltContent: textbox (“second section”)][AltContent: arrow]
[AltContent: ]
[AltContent: arrow][AltContent: textbox (“center section”)]
[AltContent: ][AltContent: arrow][AltContent: textbox (“first end”)]
[AltContent: arrow][AltContent: textbox (“first section”)]
Regarding claim 3, Nan teaches wherein said first end is open (as shown in the reproduction above of Fig. 3), said first end having a cap 18 removably positioned thereon for closing said first end (Figs. 1-3 and [0019]-[0020]), said second end comprising a closed end and having a convexly arcuate outer surface (as shown in reproduction above and Figs. 1-2).
Regarding claim 5, Nan teaches that the assembly further comprises a vibrational apparatus 16 being mounted on said shaft 12 and being configured for facilitating vaginal dilation by vibrating said shaft (Figs. 1-3 and [0019]-[0023]).
Regarding claim 6, Nan teaches wherein said vibrational apparatus 16 further includes a vibrational motor 38 being configured for vibrating said shaft when said vibrational motor is turned on, said vibrational motor being mounted in said receiving space 22 (Figs. 1-3; [0021]-[0025]).
Regarding claim 7, Nan teaches wherein the assembly further includes an actuator 18 being mounted on an exterior of said perimeter wall (Figs. 1-2 and [0023]) and electrically coupled to said vibrational motor [0024], said actuator being configured for turning the vibrational motor on or off, said actuator comprising a button [0024] (end cap 18 is considered to be a button).
Regarding claim 8, Nan teaches wherein the assembly further includes a control circuit being electrically coupled to said vibrational motor and to said actuator, said control circuit being mounted in said receiving space (Fig. 2 and [0024]).
Regarding claim 9, Nan teaches wherein the assembly further includes a power supply being electrically coupled to said control circuit, said power supply being mounted in said receiving space, said power supply comprising a battery 40 (Fig. 2 and [0024]).
Regarding claim 10, Nan teaches wherein the assembly further includes at least one control button 20 being mounted on said exterior of said perimeter wall (Figs. 1-2 and [0023]-[0024]) and configured for controlling an intensity of vibrations imparted to said shaft by said vibrational motor, said at least one control button being electrically coupled to said control circuit ([0024]-[0025]).
Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Nan (U.S. Pub. No. 2006/0135892) in view of Nan (U.S. Pub. No 2008/0207990) and further in view of Hoch et al. (U.S. Pub. No. 2023/0120283). Regarding claim 4, Nan teaches wherein said center section comprises a plastic or glass material [0020], however Nan in view of Nan (‘990) fails to disclose that said first and second sections comprises a silicone material. Hoch et al. (hereinafter Hoch) teaches an adult massager, as likewise disclosed by Nan and Nan (‘990), wherein the outer shaft is composed of a transparent, resilient material (such as silicone) which gives the look of glass and provides transparency, but is also flexible and able to withstand rough handling of the device (see Abstract and [0053]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the first and second sections of Nan, of transparent silicone as taught by Hoch, as Nan recognizes that the shaft/outer casing should be composed of transparent plastic for viewing the aesthetic objects encased in the device ([0020] and [0022]), and Hoch teaches that a transparent plastic, such as silicone, gives the look of glass along with the material characteristic of providing a flexible, yet structured device that enables rough handling and repeated use [0053].
Regarding claim 11, Nan discloses a vaginal dilator assembly (Fig. 1) comprising:
a shaft 12 having a perimeter wall enclosing a receiving space (chamber 22 where indicia 14 resides) (Fig. 2 and [0022]), said perimeter wall having a first end and a second end, said perimeter wall having a center section being spaced between said first and second ends, wherein a first section including said first end and a second section including said second end are positioned on opposite sides of said center section (see reproduction above of Fig. 3), said first end being open (as shown in the reproduction above of Fig. 3), said first end having a cap 18 removably positioned thereon for closing said first end (Figs. 1-3 and [0019]-[0020]), said second end comprising a closed end and having a convexly arcuate outer surface (as shown in reproduction above and Figs. 1-2), said center section comprising a plastic or glass material [0020],
a plurality of beads/jewelry 14 being removably stored within said receiving space of said shaft ([0019], [0022], [0026]-[0027]); and
a vibrational apparatus 16 being mounted on said shaft 12 and being configured for facilitating vaginal dilation by vibrating said shaft (Figs. 1-3 and [0019]-[0023]),
said vibrational apparatus 16 further comprising a vibrational motor 38 being configured for vibrating said shaft when said vibrational motor is turned on, said vibrational motor being mounted in said receiving space 22 (Figs. 1-3; [0021]-[0025]),
an actuator 18 being mounted on an exterior of said perimeter wall (Figs. 1-2 and [0023]) and electrically coupled to said vibrational motor [0024], said actuator being configured for turning the vibrational motor on or off, said actuator comprising a button [0024] (end cap 18 is considered to be a button);
a control circuit being electrically coupled to said vibrational motor and to said actuator, said control circuit being mounted in said receiving space (Fig. 2 and [0024]);
a power supply being electrically coupled to said control circuit, said power supply being mounted in said receiving space, said power supply comprising a battery 40 (Fig. 2 and [0024]); and
at least one control button 20 being mounted on said exterior of said perimeter wall (Figs. 1-2 and [0023]-[0024]) and configured for controlling an intensity of vibrations imparted to said shaft by said vibrational motor, said at least one control button being electrically coupled to said control circuit ([0024]-[0025]).
However, Nan fails to disclose explicitly that the plurality of beads/jewelry comprise crystals. Nan (‘990) discloses a vibration massager component, as likewise disclosed by Nan, wherein aesthetic objects 25, such as artificial diamonds (considered to be “crystals”), are arranged inside the assembly in order to provide a desired visual effect and attract attention of the user ([0016] and [0022]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a plurality of beads/jewelry as taught by Nan, with the artificial diamonds/crystals as taught by Nan (‘990) as Nan teaches the incorporation of indicia such as beads, jewelry or other suitable aesthetic elements which would provide attractiveness to the vibrating massager [0027], and Nan (‘990) teaches that diamonds/crystals attract the attention of a user of a massage device [0022].
While Nan teaches wherein said center section comprises a plastic or glass material [0020], Nan in view of Nan (‘990) fails to disclose that said first and second sections comprises a silicone material. Hoch et al. (hereinafter Hoch) teaches an adult massager, as likewise disclosed by Nan and Nan (‘990), wherein the outer shaft is composed of a transparent, resilient material (such as silicone) which gives the look of glass and provides transparency, but is also flexible and able to withstand rough handling of the device (see Abstract and [0053]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the first and second sections of Nan, of transparent silicone as taught by Hoch, as Nan recognizes that the shaft/outer casing should be composed of transparent plastic for viewing the aesthetic objects encased in the device ([0020] and [0022]), and Hoch teaches that a transparent plastic, such as silicone, gives the look of glass along with the material characteristic of providing a flexible, yet structured device that enables rough handling and repeated use [0053].
Conclusion
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/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791