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 .
Status of Claims
The present Office action is responsive to the Response to Election filed on 11-10-2025. As directed, claims 9-20 have been withdrawn from consideration, leaving claims 1-8 pending examination.
Election/Restrictions
Applicant’s election of Species A shown in Figures 1-7 and corresponding to claims 1-8 is acknowledged. Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11-10-2025.
Claim Objections
Claims 2-4 are objected to because of the following informalities:
At claim 2, line 2, it is suggested that the word “further” be added before “comprises” for clarity.
At claim 2, line 8, it is suggested that the term “drive” be replaced with “are configured to drive” to avoid positive recitation of method steps in an apparatus claim.
At claim 3, lines 5 and 7, it is suggested that “the guiding rod” be replaced with “the at least one guiding rod” for consistency with claim 3, line 3.
At claim 4, line 3, it is suggested that “the guiding rod” be replaced with “the at least one guiding rod” for consistency with claim 3, line 3.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
A “driving member” in claim 2, which is interpreted relative to the instant specification at paragraph 61 to be a drive motor, and/or functional equivalents thereof.
A “rotating member” in claim 2, which is interpreted relative to the instant specification at paragraph 61 to be a structure connected with the drive motor and rotated thereby, and functional equivalents thereof.
A “temperature regulating member” which is interpreted relative to the instant specification at paragraph 66 to be semiconductor chilling plate, a heating coil, a heating plate, a heating strip, or functional equivalents thereof.
A “wireless module” in claim 7, which is interpreted relative to the instant specification at paragraph 68 to be a Wi-Fi or Bluetooth module, and functional equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhong (US 2025/0352426).
Regarding claim 1, Zhong discloses a massaging device (“physical therapy appliance”) (paragraph 52, lines 1-2; Figs. 1-2), comprising:
a flexible member (2), defining a first opening (“an opening of the massage channel 22”) and a receiving cavity (22) communicated with the first opening (“an opening of the massage channel 22”) (paragraph 52, lines 3-7; Figs. 1-2 and 5); and
a driving assembly (comprisal of 8, 51, 52, and 53), configured to drive the flexible member (2) to reciprocate (paragraph 90, lines 1-7; paragraph 92, lines 1-7; paragraph 93, lines 1-8; paragraph 95, lines 1-4; Figs. 1-2 and 10).
Regarding claim 2, Zhong discloses the massaging device according to claim 1, as discussed above.
Zhong further discloses wherein
the massaging device (“physical therapy appliance”) further comprises an inner housing (54) connected with the flexible member (2) (paragraph 90, lines 1-6; Fig. 1); and
the driving assembly (comprisal of 8, 51, 52, and 53) comprises:
a driving member (51) (paragraph 92, lines 1-2; Fig. 10);
a rotating member (52), rotatably connected with the driving member (51) (paragraph 92, lines 1-7; paragraph 93, lines 1-8; Fig. 10);
a fixing frame (8), connected with the inner housing (54) and defining a sliding groove (paragraph 90, lines 1-7 and paragraph 95, lines 1-4, where the “drive assembly” is mounted to the fixing frame 8, and the “drive assembly” directly connects to the inner housing 54, and thus 54 at least indirectly connects to 8 via the drive assembly; Figs. 1-2 and 10, note in Fig. 2 that the cavity formed by the lower boundary of frame 8 is regarded as the sliding groove, see annotated Fig. 2 below); and
a follower (53), connected with the rotating member (52) and slidably received in the sliding groove (see annotated Fig. 2 below), and the rotating member (52) and the follower (53) are configured to drive the flexible member (2) and the inner housing (54) to reciprocate (paragraph 92, lines 1-7; paragraph 93, lines 1-8, note that the reciprocating motion of 53 occurs within the sliding groove since paragraph 95, lines 1-4 describes that the drive assembly is mounted within 8, and paragraph 92, lines 1-3 defines 53 to be part of the drive assembly; Fig. 10).
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Regarding claim 3, Zhong discloses the massaging device according to claim 1, as discussed above.
Zhong further discloses:
a support housing (8) (paragraph 95, lines 1-4; Fig. 2);
at least one guiding rod (6), arranged on the support housing (8) (paragraph 91, lines 1-6; paragraph 93, lines 1-8; note Fig. 1, where rails 6 are shown to connect with a portion of telescoping mechanism 5 that includes the drive assembly, and per paragraph 95, lines 1-4, the drive assembly is accommodating within 8, thus rails 6 connect with 8); and
an inner housing (54), received in the support housing (8) (paragraph 90, lines 1-7, where mobile portion 54 connects with the drive assembly on one end, and per paragraph 95, lines 1-4, the drive assembly is accommodated within 8, thus 54 is understood to at least partially be accommodated within 8; see Figs. 1-2, where the dimension of 8 appears to extend to longitudinally accommodate each of the mechanism 5 and 54), the inner housing (54) is movably connected with the at least one guiding rod (6) (paragraph 91, lines 1-6), the flexible member (2) is connected with the inner housing (54) (paragraph 90, lines 1-4), and the driving assembly (comprisal of 8, 51, 52, and 53) is configured to drive the flexible member (2) and the inner housing (54) to reciprocate along the at least one guiding rod (6) (paragraph 92, lines 1-7; paragraph 93, lines 1-8).
Regarding claim 4, Zhong discloses the massaging device according to claim 3, as discussed above.
Zhong further discloses an outer housing (1) configured for receiving the flexible member (2), the driving assembly (comprisal of 8, 51, 52, and 53), the support housing (8), the at least one guiding rod (6), and the inner housing (54) (paragraph 52, lines 1-2, note the accommodating cavity 10 defined by shell 1; paragraph 89, lines 1-6; paragraph 90, lines 1-7; paragraph 91, lines 1-6; paragraph 95, lines 1-4; Fig. 1, where 1 sleeves each of the outlined components), wherein
one end of the flexible member (2) is fixed to the inner housing (54), and another end of the flexible member (2) is fixed to the outer housing (1) (paragraph 90, lines 1-4; paragraph 100, lines 1-5; Figs. 1, and 4-5).
Regarding claim 8, Zhong discloses the massaging device according to claim 1, as discussed above.
Zhong further discloses an outer housing (1), the flexible member (2) is received in the outer housing (1) (paragraph 52, lines 1-5; Fig. 1).
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 non-obviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhong (US 2025/0352426), as applied to claim 1 above, in view of Wu (CN 111773058-A).
Examiner notes that the citations given relative to Wu are derived from the provided translation.
Regarding claim 5, Zhong discloses the massaging device according to claim 1, as discussed above.
Zhong fails to discloses wherein the massaging device further comprises a temperature regulating member; and
the flexible member defines a receiving groove configured for receiving the temperature regulating member.
However, Wu teaches a massaging device (“sperm extractor”) that comprises a temperature regulating member (17) (page 4: “a heating mechanism built-in sperm extractor”; “ the sperm taking component 3 comprises a soft colloid 25, a heating device detachably connected with the soft colloid 25”; “In this embodiment, the heating device comprises two heating elements 17 with the same structure, a bracket 18 connected with each heating element 17, the heating element 17 are located in the side wall of the soft colloid 25”; Figs. 1-3); and
the analogous flexible member (25) defines a receiving groove configured for receiving the temperature regulating member (17) (page 4: “In this embodiment, the heating device comprises two heating elements 17 with the same structure, a bracket 18 connected with each heating element 17, the heating element 17 are located in the side wall of the soft colloid 25”, where a receiving groove is understood to be necessarily present if the heating element is arranged in the side wall of the colloid 25; Figs. 1-3), where the temperature regulating member (17) keeps the temperature of the flexible member (25) constant during operation, thereby improving efficiency of the massage (page 4: “when using the heating device can keep the temperature of the soft colloid 25 constant, improving the experience feeling of the sperm, improving the efficiency”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Zhong to include a temperature regulating member, wherein the flexible member defines a receiving groove configured for receiving the temperature regulating member, as taught by Wu, in order to keep the temperature of the flexible member constant during operation, thus providing more efficient massage.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Zhong (US 2025/0352426), as applied to claim 1 above, in view of Sedic (US 2020/0046599).
Regarding claim 6, Zhong discloses the massaging device according to claim 1, as discussed above.
Zhong fails to disclose wherein the massaging device further comprises a vibrating motor; and
the flexible member defines a receiving groove for receiving the vibrating motor.
However, Sedic teaches a massaging device (2) that includes a vibrating motor (250) (paragraph 37, lines 1-3; paragraph 60, lines 1-16; Figs. 1 and 8); and
the analogous flexible member (30) defines a receiving groove for receiving the vibrating motor (250) (paragraph 39, lines 1-5, where flexible sheath 30 is defined to include outer surface 38; paragraph 60, lines 5-8, where motor 250 is housed within 252; Fig. 8, note that outer surface 38 includes outcroppings in its longitudinal aspect for attachment of 250/252 that may be regarded as receiving grooves, and further, 38 defines a right-hand side boundary of housing 252, and thus additionally contributes a groove for receiving motor 250), where the vibrating motor advantageously provides additional stimulation to the penis during operation of the device (paragraph 8, lines 15-16).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Zhong to further include a vibrating motor, wherein the flexible member defines a receiving groove for receiving the vibrating motor, as taught by Sedic, in order to provide additional stimulation to the penis during operation of the device.
Regarding claim 7, Zhong discloses the massaging device according to claim 1, as discussed above.
Zhong fails to disclose:
a printed circuit board, the driving assembly electrically connected with the printed circuit board; and
a wireless communication module, electrically connected with the printed circuit board to control the driving assembly.
However, Sedic teaches a massaging device (2) (paragraph 37, lines 1-3; Fig. 1) that includes a printed circuit board (400) (paragraph 47, lines 1-6 and 13-14), the analogous driving assembly (i.e., see at least motors 200 and 250) electrically connected with the printed circuit board (400) (paragraph 47, lines 1-6 and 13-14), where the printed circuit board is a known type of control device for the massager (paragraph 47, lines 1-6 and 13-14); and
a wireless communication module (410), electrically connected with the printed circuit board (400) to control the analogous driving assembly (i.e., see at least motors 200 and 250) (paragraph 48, lines 1-5 and 15-18 and 25-34; Fig. 12), wherein the wireless control module allows for data to be collected by a second device paired with the massager (paragraph 48, lines 5-8), and allows for control of the massage device by a second device (paragraph 48, lines 9-15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Zhong to further include a printed circuit board, the driving assembly electrically connected with the printed circuit board, and a wireless communication module, electrically connected with the printed circuit board to control the driving assembly, as taught by Sedic, in order to provide a known type of control device for the massager, and via the wireless communication module, allow for data to be collected by a second device paired with the massager, and control of the massage device by a second device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu (US 2025/0318985) is cited for its reciprocating male masturbating massager as shown in Figures 1-5.
Zhou (US 2023/0210718) is cited for its relevant massager as shown in operation in Figures 3-5, with included rails (70).
Tang (US 2021/0186798) is cited for its reciprocating massage given by virtue of guide rails shown in Figure 3.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAIGE K. BUGG whose telephone number is (571)272-8053. The examiner can normally be reached Monday-Friday 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAIGE KATHLEEN BUGG/Examiner, Art Unit 3785