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 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) 1-6, 9-13, 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Standfest (US 2013/0289346, hereinafter Standfest ‘346).
In re claim 1, Standfest ‘346 teaches a device comprising: two flexible arms (figs. 3-10, i.e. fig. 3, 370 on two sides), each arm of the two flexible arms extending outward from an opposite side of a central portion of the device and having a same shape (fig. 3, 370), at least one arm of the two flexible arms configured to individually bend into a plurality of bent positions and retain a selected bent position until bent into another selected bent position (0028, 0037, 0038), wherein the two flexible arms and the central portion are formed by a body and one or more flexible elements extending within an interior of the body (fig. 9, 515, 525, para 0039); and at least one vibrating motor arranged within the central portion, within the interior of the body (fig. 9, 560; para 0039-0040).
In re claim 2, Standfest ‘346 teaches wherein both arms of the two arms are configured to individually bend into the plurality of bent positions and retain a selected bent position until bent into another selected bent position, and wherein the one or more flexible elements extend between a first free end of a first arm of the two arms and a second free end of a second arm of the two arms, the first and second free ends each spaced away from the central portion (figs. 3-10, 0028, 0037, 0038).
In re claim 3, Standfest ‘346 teaches wherein the central portion has a width that is larger than a width of a portion of at least one arm of the two arms arranged adjacent to the central portion (fig. 4, width of 334 is larger than diameter/width of 374; fig. 9, the width of 534 is larger than the width of where 525 is pointing).
In re claim 4, Standfest ‘346 teaches wherein the body comprises a flexible polymeric material and has a continuous outer surface along the two arms and the central portion, and wherein the one or more flexible elements extend through the two arms and the central portion (fig. 9, 0027, 0031, 0040, silicone, rubber etc. is polymeric material).
In re claim 5, Standfest ‘346 teaches wherein each arm includes a bulbous end arranged away from the central portion, the bulbous end having a width that is larger than a width of a portion of the arm arranged between the bulbous end and the central portion (fig. 2, fig. 3), and wherein the one or more flexible elements comprise a wire, and wherein the wire forms a loop within the bulbous end of each arm (fig. 8, 25, aluminum coil is a wire).
In re claim 6, Standfest ‘346 teaches wherein the device includes two individually controllable vibrating motors disposed within the interior of the body (oo34, 360 , wherein a first arm of the two arms includes a bulbous region disposed in the central portion, around a first motor of the two motors, the bulbous region of the first arm having a width that is larger than a width of a portion of the first arm arranged adjacent to the central portion, and wherein a second arm of the two arms includes a bulbous region disposed in the central portion, around a second motor of the two motors, the bulbous region of the second arm having a width that is larger than a width of a portion of the second arm arranged adjacent to the central portion (fig. 3, fig. 4, 0039-0040, 560 is in each end).
In re claim 9, Standfest ‘346 teaches a device comprising: two flexible arms extending outward from opposite sides of a central portion of the device, at least one arm of the two flexible arms configured to individually bend into a plurality of bent positions and retain a selected bent position until bent into another selected bent position (0028, 0037, 0038), wherein the two flexible arms and the central portion are formed by a body and one or more flexible elements extending continuously through the two arms and the central portion within an interior of the body (fig. 9, 515, 525, para 0039); and two individually vibrating motors configured to be individually controlled, each motor of the two individually vibrating motors arranged within a region of a corresponding arm of the two arms that is disposed in the central portion, within the interior of the body (0038-0040).
In re claim 10, Standfest ‘346 teaches wherein both arms of the two arms are configured to individually bend into the plurality of bent positions and retain a selected bent position until bent into another selected bent position (0028, 0037, 0038).
In re claim 11, Standfest ‘346 teaches wherein the body comprises a flexible polymeric material (fig. 9, 0027, 0031, 0040, silicone, rubber etc. is polymeric material) and the one or more flexible elements comprises one or more interior metal wires extending continuously through the two arms (fig. 8, 25, aluminum coil is a wire).
In re claim 12, Standfest ‘346 teaches wherein the one or more interior metal wires comprises a single continuous metal wire with free ends that are arranged into a loop at a free end of each arm of the two flexible arms, and wherein the free end of each arm is spaced away from the central portion (fig. 8, 25, aluminum coil is a wire).
In re claim 13, Standfest ‘346 teaches wherein a first arm of the two arms includes a first power button configured to control a first motor of the two motors, and wherein a second arm of the two arms includes a second power button configured to control a second motor of the two motors (figs. 9-10, 0039, 0040, 534s).
In re claim 15, Standfest ‘346 teaches a device comprising: two flexible arms extending outward from opposite sides of a central portion of the device (figs. 3-10, i.e. fig. 3, 370 on two sides), both arms of the two arms configured to individually bend into a plurality of bent positions and retain a selected bent position until bent into another selected bent position (0028, 0037, 0038), wherein the two flexible arms and the central portion are formed by a body and one or more flexible elements extending continuously through the two arms and the central portion within an interior of the body (fig. 9, 515, 525, para 0039); and two individually vibrating motors configured to be individually controlled, each motor of the two individually vibrating motors arranged within a corresponding arm of the two arms (0038-0040), within the interior of the body, and wherein the one or more flexible elements extend around the two individually vibrating motors (fig. 9, 525).
In re claim 16, Standfest ‘346 teaches wherein the body comprises a flexible polymeric material (fig. 9, 0027, 0031, 0040, silicone, rubber etc. is polymeric material), and wherein the one or more flexible elements extend between and encircle the two individually vibrating motors (fig. 8, 25; fig. 9, 525).
In re claim 17, Standfest ‘346 teaches wherein the one or more flexible elements comprise a single, continuous wire that extends from a first end of the device to a second end of the device and that coils around each of the two individually vibrating motors one or more times and extends between the two individually vibrating motors (fig. 8, 25, aluminum coil is a wire).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7, 14, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Standfest ‘346 in view of Archer, Vanessa (US 11,058,600, hereinafter Archer ‘600).
In re claim 7, Standfest ‘346 fails to teach wherein the central portion includes one or more raised elements arranged between the bulbous region of each of the first arm and the second arm and that extend radially outward relative to each bulbous region of each of the first arm and the second arm, and relative to a central longitudinal axis of the device, wherein the one or more raised elements are configured to vibrate.
Archer ‘600 teaches wherein the central portion includes one or more raised elements arranged between the bulbous region of each of the first arm and the second arm and that extend radially outward relative to each bulbous region of each of the first arm and the second arm, and relative to a central longitudinal axis of the device, wherein the one or more raised elements are configured to vibrate (fig. 1A-E; fig. 3; col. 4, lines 25-lines 67; col. 5, lines 1-17).
It would have been prima facie obvious to one of ordinary skills in the art at the time of invention to modify the method/device of Standfest ‘346 to include the features of Archer ‘600 in order to provide an additional pleasurable sensation to the clitoral region of a female's vagina.
In re claim 14. Archer ‘600 teaches wherein the central portion includes one or more raised elements arranged between the region of each arm that the motors are arranged within, and that extend radially outward relative to each region of each arm, and relative to a central longitudinal axis of the device, wherein one or more of the one or more raised elements are configured to vibrate (fig. 1A-E; fig. 3; col. 4, lines 25-lines 67; col. 5, lines 1-17).
In re claim 19. Archer ‘600 teaches wherein the central portion comprises one or more raised elements that extend radially outward relative to a central longitudinal axis of the device and around a circumference of the device, and wherein the one or more raised elements are disposed between the two individually vibrating motors in an axial direction (fig. 1A-E; fig. 3; col. 4, lines 25-lines 67; col. 5, lines 1-17).
Claim(s) 8, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Standfest ‘346 in view of Green et al. (US 2017/0224579, hereinafter Green ‘579).
In re claim 8, Standfest ‘346 fails to teach wherein at least one arm of the two arms includes an identifying marker, but teaches wherein a free end of each arm that is spaced away from the central portion is configured to vibrate (figs.3-10, i.e. 560).
Green ‘579 teaches wherein at least one arm of the two arms includes an identifying marker (0082).
It would have been prima facie obvious to one of ordinary skills in the art at the time of invention to modify the method/device of Standfest ‘346 to include the features of Green ‘579 in order to easily identify the selected phallic device.
In re claim 18, Standfest ‘346 fails to teach where a first arm of the two flexible arms has a first size and a second arm of the two flexible arms has a second size, the second size larger than the first size.
Green ‘579 teaches where a first arm of the two flexible arms has a first size and a second arm of the two flexible arms has a second size, the second size larger than the first size (fig. 10, note that 1000 and 704 have two different sizes; 0052, 0067, 0069; 0082-0083).
It would have been prima facie obvious to one of ordinary skills in the art at the time of invention to modify the method/device of Standfest ‘346 to include the features of Green ‘579 in order to provide options to be selectively interchangeable within the intimate accessory system.
Allowable Subject Matter
Claim 20 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BO JOSEPH PENG whose telephone number is (571)270-1792. The examiner can normally be reached Monday thru Friday: 8:00 AM-5:00 PM EST.
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/BO JOSEPH PENG/Primary Examiner, Art Unit 3798