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 .
This Office Action is responsive to the Amendment filed 02 April 2026. Claims 20-38 are currently under consideration. The Office acknowledges the amendments to claims 20-38.
Claim Objections
Claims 20, 29, and 34 are objected to because of the following informalities:
In claim 20, line 8: “labia minora” should apparently read --a labia minora--.
In claim 29, line 3: “is being” should apparently read --is--.
In claim 34, line 3: “inner labia” should apparently read --an inner labia--.
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 26 and 29 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 26 recites the limitation “a longitudinal direction” in line 2. It is not clear if this is intended to be the same longitudinal direction recited in claim 20 or to be a separate direction.
Claim 29 recites the limitation “said vibration motor” in lines 3-4. It is not clear which of the at least one vibration motor this refers to, as there are potentially multiple motors.
Allowable Subject Matter
Claims 20-25, 27, 28, and 30-38 are allowed.
Claims 26 and 29 would be allowable if rewritten or amended 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.
The following is an examiner’s statement of reasons for allowance and the indication of allowable subject matter: as detailed in the previous Office action, none of the prior art of record teaches or reasonably suggests such a hands-free vibrator that includes a vibration motor and a vibrator body with electronics, a power supply, and a controller, wherein the vibratory body is designed as an oval with a hole of the recited dimensions, and wherein the vibrator avoids direct contact with the clitoris.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to the objections and rejections of the previous Office action have been fully considered and are mostly persuasive in light of the amendments. Most of the objections and rejections have been withdrawn; however, as detailed supra, several persist.
Conclusion
THIS ACTION IS MADE FINAL. 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 THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791