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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 63/294,645, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. This application fails to provide support for a motor encased with(in) the housing, which is operably coupled to the coupler, as recited in claims 1 and 7; there is also no support for a battery encased within the housing, as recited in claims 2 and 9; nor for a vibratory motor and a rotary motor, as recited in claim 8. Accordingly, the effective filing date of the present application is the filing date of the non-provisional application, which is 29 December 2022.
Claim Objections
Claims 1, 10, 12, and 13 are objected to because of the following informalities:
In claim 1, line 4: “with the housing” should apparently read --within the housing--.
In claim 10, line 2: “and protuberances” should apparently read --and has protuberances--.
In claim 12, line 2: “and protuberances” should apparently read --and has protuberances--.
In claim 13, line 3: “and protuberances” should apparently read --and has protuberances--.
Appropriate correction is required.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hutchison (U.S. Pub. No. 2017/0087049 A1).
Regarding claim 1, Hutchison discloses a sexual stimulation device (Abstract) comprising: a body 1, the body comprises: a housing 2 of an elongated cylindrical profile, a motor encased with the housing, and a coupler 3 operably coupled to the motor; and an interchangeable head 4, the interchangeable head configured to be interchangeably coupled to the body through the coupler, the interchangeable head comprises a stimulation surface configured to apply a stimulus to an erogenous zone of a human body ([0086]; [0090]; [0108]-[0109]; [0111]-[0113]; [0117]).
Regarding claim 2, Hutchison discloses a battery also encased within the housing, the battery configured to power the motor ([0090]).
Regarding claim 3, Hutchison discloses that the interchangeable head is half-egg shaped and the stimulation surface has protuberances dispersed throughout the stimulation surface (Figs. 13, 14; [0111]-[0113]; e.g., bell shaped or egg shaped, with pearls/nodules).
Regarding claim 4, Hutchison discloses that the interchangeable head is of an elongated profile and resembles a human penis (Fig. 13a; [0111]).
Regarding claim 5, Hutchison discloses that the interchangeable head is of an elongated cylindrical profile and the stimulation surface has protuberances dispersed throughout an area of the interchangeable head (Figs. 13, 14; [0111]-[0113]).
Regarding claim 6, Hutchison discloses that the interchangeable head is of an elongated cylindrical profile having a cavity, and the stimulation surface of the cavity has protuberances dispersed throughout the stimulation surface ([0126]).
Claim Rejections - 35 USC § 103
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.
Claims 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hutchison, in view of Siddhartha (U.S. Pub. No. 2004/0193080 A1).
Regarding claim 7, Hutchison discloses a kit for sexual stimulation (Abstract) comprising: a first body 1, wherein the first body comprises: a housing 2 of an elongated cylindrical profile, a motor encased with the housing, and a coupler 3 operably coupled to the motor; and four interchangeable heads 4, each of the four interchangeable heads configured to interchangeably couple to the first body through the coupler, each of the four interchangeable heads comprises a stimulation surface configured to apply a stimulus to an erogenous zone of a human body, wherein each of the four interchangeable heads has a different stimulation surface (Fig. 13; [0086]; [0090]; [0108]-[0109]; [0111]-[0113]; [0117]; [0126]). Hutchison fails to expressly disclose a second body with the same components as the first body and wherein each of the interchangeable heads can interchangeably couple to either the first body or second body. Siddhartha discloses a similar kit for sexual stimulation (Abstract) comprising first and second bodies, with interchangeable heads that can interchangeably couple to either the first body or second body, in order to allow the user to selectively employ different devices depending on mood, need, or other circumstances ([0006]-[0007]; [0010]; [0030]; [0035]-[0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hutchison with such a second body that is also interchangeably couplable to the interchangeable heads, as taught by Siddhartha, in order to allow the user to selectively employ different devices depending on mood, need, or other circumstances.
Regarding claim 8, the combination of Hutchison and Siddhartha discloses the invention as claimed, see rejection supra, and Hutchison further discloses that
the first body has a vibratory motor ([0090]; [0109]; [0131]), and the second device has a rotary motor ([0060]; [0126]).
Regarding claim 9, the combination of Hutchison and Siddhartha discloses the invention as claimed, see rejection supra, and Hutchison further discloses that each of the first body and the second body further comprises: a battery encased within the housing, the battery configured to power the motor ([0090]).
Regarding claim 10, the combination of Hutchison and Siddhartha discloses the invention as claimed, see rejection supra, and Hutchison further discloses that a first interchangeable head of the four interchangeable heads is half-egg shaped and protuberances dispersed throughout the respective stimulation surface (Figs. 13, 14; [0111]-[0113]; e.g., bell shaped or egg shaped, with pearls/nodules).
Regarding claim 11, the combination of Hutchison and Siddhartha discloses the invention as claimed, see rejection supra, and Hutchison further discloses that a second interchangeable head of the four interchangeable heads is of an elongated profile and resembles a human penis (Fig. 13a; [0111]).
Regarding claim 12, the combination of Hutchison and Siddhartha discloses the invention as claimed, see rejection supra, and Hutchison further discloses that a third interchangeable head of the four interchangeable heads is of an elongated cylindrical profile and protuberances dispersed throughout the respective stimulation surface (Figs. 13, 14; [0111]-[0113]).
Regarding claim 13, the combination of Hutchison and Siddhartha discloses the invention as claimed, see rejection supra, and Hutchison further discloses that a fourth interchangeable head of the four interchangeable heads is of an elongated cylindrical profile having a cavity, the cavity has the stimulation surface, and protuberances dispersed throughout the respective stimulation surface ([0126]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pub. Nos. 2024/0207133 A1, 2015/0119636 A1, 2014/0357943 A1, and 2013/0345501 A1 teach similar devices with interchangeable heads.
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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/THADDEUS B COX/Primary Examiner, Art Unit 3791