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
Claims 1-20 are pending and currently under consideration for patentability under 37 CFR 1.104.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on application CN 202223123808.8 filed on November 22, 2022. It is noted, however, that the instant application appears to contain subject matter that is not disclosed in the foreign priority document. For example, Figures 17-24 are not supported by the foreign priority document. Claims 17-20 are based upon the embodiment(s) depicted in Figures 17-24. Therefore, for purposes of Examination, the effective filing date of claims 17-20 are considered to be February 7, 2023.
Election/Restrictions
Applicant’s election without traverse of Species III, Figs. 22-24, in the reply filed on November 20, 2025 is acknowledged. Claims 2-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: Reciprocating and Rotating Massage Device
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
In the instant case, line 1 of the abstract states “The present disclosure provides” which is language that can be implied, and should be deleted.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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:
“driving assembly, configured to drive the flexible body to reciprocate and rotate simultaneously” in claim 1. The corresponding structure in the specification appears to be the “driving assembly 40c” (Fig. 23), which includes: “includes a third driving element 41c, a rod-shaped second swing element 42c connected with the third driving element 41c, a third movable element 43c connected with the second swing element 42c, at least one guiding rod 44c for guiding a movement of the third movable element 43c, a fourth driving element 45c connected with the inner housing 20c, a mounting element 46c for mounting the fourth driving element 45c on the third movable element 43c, the third movable element 43c defines a receiving portion 431c and a third guiding portion 432c communicated with the receiving portion 431c, the third driving element 41c is received in the receiving portion 431c, and the second swing element 42c is received in the third guiding portion 432c” (see para. [0060]).
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 Objections
Claim 18 is objected to because of the following informalities: Appropriate
Claim 18, line 1 recites “wherein third movable element” which has omitted the word --the--.
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 17-20 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 17, line 2 recites “a third driving element” which is confusing because this is the first driving element that has been recited. It is unclear whether the claim is requiring three driving elements, or one.
Claim 17, line 3 recites “a second swing element” which is confusing because this is the first swing element that has been recited. It is unclear whether the claim is requiring two swing elements, or one.
Claim 17, line 4 recites “a third movable element” which is confusing because this is the first movable element that has been recited. It is unclear whether the claim is requiring three movable elements, or one.
Claim 17, lines 4-5 recite “a third guiding portion” which is confusing because this is the first guiding portion that has been recited. It is unclear whether the claim is requiring three guiding portions, or one.
Claim 17, line 7 recites “a fourth driving element” which is confusing because only two driving elements have been recited (“a third driving element” and “a fourth driving element”). It is unclear whether the claim is requiring four driving elements, or two.
Claim 18, lines 3-4 recite “the third driving element is received in the receiving portion and exposed from the third movable element by the via hole” and it is unclear what is meant by the phrase “exposed from the third movable element.” Does this mean “exposed to” the third movable element?
Claim 19, lines 2-3 recite “the flexible body is at least partially exposed from the outer housing by the second opening” and it is unclear what is meant by the phrase “exposed from the outer housing.” Does this mean “exposed to” the outer housing?
Claim 20 is rejected based on its dependence from claim 19.
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 and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leng (CN 109223496 A).
Regarding claim 1, Leng discloses a massaging device (Fig. 2), comprising: a flexible body (“silicone massage body 4” see Fig. 2; see line 2 of [0018] of the English translation), defining a first opening (the upper end of massage body 4, Fig. 2, which is configured to receive and massage a male member, see para. [0001]) and a massaging portion (the plurality of protrusions on the inner surface of the massage body 4, see Fig. 2) communicated with the first opening (the plurality of protrusions of massage body 4 are configured to massage the male member when the male member is inserted through the first opening); and
a driving assembly (rotary motor 6, telescopic component 7, rotating cylinder 8, telescopic rotary motor 12, Fig. 2), configured to drive the flexible body (4) to reciprocate and rotate simultaneously (“When the telescopic rotary motor 12 is working, the rotating cylinder 8 rotates, driving the telescopic component 7 inside and the rotating conductive plate 14 at the bottom to rotate together. The rotary motor 6 also rotates together with the telescopic component 7. While the telescopic component 7 is rotating, because the rotating pin 15 is locked in the spiral groove 26 on its outer wall, and the rotating pin 15 is fixed, the telescopic component 7 will also move forward and backward in a reciprocating motion while rotating, thereby driving the massage body 4 to achieve the telescopic rotation effect” see all of [0028] of the English translation. Since the driving assembly 6, 7, 8, 12, perform the recited function, it is considered a corresponding equivalent structure of the 112(f) interpretation).
Regarding claim 17, Leng discloses wherein the driving assembly (6, 7, 8, 12) comprises: a third driving element (telescopic driving motor 12 and rotating cylinder 8, Fig. 2); a second swing element (rotary pin 15, Fig. 2, which produces a swinging movement by engaging spiral groove 26 on telescopic component 7, Fig. 4), connected with the third driving element (rotary pin 15 is connected to rotating cylinder 8, see Fig. 2); a third movable element (telescopic component 7, see Figs. 3-4), connected with the second swing element (rotary pin 15 engages the spiral grooves 26 of the telescopic component 7, see the last sentence of [0018] of the English translation) and defining a third guiding portion (spiral grooves 26), the second swing element (15) is slidably connected with the third guiding portion (pin 15 slides within spiral grooves 26, see the last sentence of [0018] of the English translation); and a fourth driving element (rotating motor 6, Fig. 2), connected with the inner housing (rotating cup 5, Fig. 2), the third driving element (12, 8) is configured to drive the third movable element (7) to reciprocate due to an interaction between the second swing element (15) and the third guiding portion (26, see the last sentence of [0018] of the English translation), further to reciprocally move the inner housing (5) and the flexible body (massage body 4, Fig. 2), the fourth driving element (6) is configured to drive the inner housing (5) and the flexible body (4) to rotate, so that the inner housing and the flexible body reciprocate and rotate simultaneously (“When the telescopic rotary motor 12 is working, the rotating cylinder 8 rotates, driving the telescopic component 7 inside and the rotating conductive plate 14 at the bottom to rotate together. The rotary motor 6 also rotates together with the telescopic component 7. While the telescopic component 7 is rotating, because the rotating pin 15 is locked in the spiral groove 26 on its outer wall, and the rotating pin 15 is fixed, the telescopic component 7 will also move forward and backward in a reciprocating motion while rotating, thereby driving the massage body 4 to achieve the telescopic rotation effect” see all of [0028] of the English translation).
Regarding claim 18, Leng discloses wherein the third movable element (telescopic component 7) defines: a receiving portion (the space defined within and below support body 9, Figs. 2-3), communicated with the third guiding portion (the space between 7 and 9 communicates with the spiral groove(s) 26, see Figs. 2-3); and a via hole (the hole that receives rotating pin 15 as seen in Fig. 2), communicated with the receiving portion (the hole receiving pin 15 communicates with the space between 7 and 9 as the pin connects the cylinder 8 to the spiral groove(s) 26), the third driving element (12, 8) is received in the receiving portion (the third driving element 12, 8, is received within, i.e., beneath the receiving portion 9) and exposed from the third movable element (7) by the via hole (the hole that receives pin 15 “exposes” the third movable element 7, as the pin 15 directly connects to the spiral groove(s) 26 on the telescopic component 7).
Regarding claim 19, Leng discloses further comprising: an outer housing (front cover assembly 1, shell assembly 2 and transparent cover 3, Figs. 1-2), defining a second opening (distal opening of cover 3, adjacent front cover 1, see Figs. 1-3), the flexible body (4) is at least partially exposed from the outer housing by the second opening (the user is able to insert their penis through the distal end of the outer housing, through the openings of front cover assembly 1, as seen in Fig. 3, into the flexible body 4 to receive the massage. Thus, it is at least partially exposed, by being accessible from that end of the outer housing. It is further exposed due to the cover 3 being “transparent”), and the driving assembly is received in the outer housing (the driving assembly 6, 7, 8, 12 is located within shell assembly 1, 2, 3, see Figs. 1-3).
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.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Leng (CN 109223496 A) in view of Shao et al. (US 2023/0126338 A1).
Regarding claim 20, Leng discloses wherein the outer housing (1, 2, 3) further comprises a top plate (front cover assembly 1, see Figs. 1-3) defining the second opening (see Fig. 3, the front cover assembly 1 helps define the size and location of the opening); but is silent regarding a gap is defined between the flexible body and the inner housing, the top plate is received in the gap, to connect the outer housing with the flexible body and the inner housing.
Shao teaches a related reciprocating rotary masturbation cup (Fig. 1, see title) having a top plate (left-most end of shell 20A, 20B, Figs. 1-3) defining a second opening (circular opening defined by shells 20A, 20B, as seen in Fig. 2), and a gap is defined (a gap that exists between the left-most end of 8 and the roller member 16, see Fig. 3) between the flexible body (silicone massage sleeve 8, Figs. 1-3) and the inner housing (roller fastening member 16, Figs. 2-3), and the top plate (20A, 20B) is received in the gap (see Figs. 1-3, the flexible body 8 extends beyond the surface of the top plate 20A, 20B, in a gap that exists between the left-most end of 8 and the roller member 16). This arrangement provides an expected result that the relatively soft silicone massaging surface (8) is extended outwardly over the second opening, so the user has a more comfortable insertion experience.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the top plate, second opening, and flexible body of Leng to have the flexible body extend outwardly such that a gap is defined between the flexible body and the inner housing, the top plate is received in the gap, as taught by Shao because this provides an expected result that the relatively soft silicone massaging surface is extended outwardly over the second opening, so the user has a more comfortable insertion experience. In the modified device, the outer housing (1, 2, 3, Leng) is connected with the flexible body and the inner housing (flexible body 4 of Leng has been modified by Shao to extend outwardly and wrap around the second opening)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhou (2023/0210718) discloses a related telescopic rotary masturbation massager. Luo (2023/0277408) discloses a related rotary and telescopic masturbation massager. Zhong (2025/0352426) discloses a related reciprocating penis massager. Jewell (6,902,525) discloses a related sexual massager with combined reciprocation and rotation. Wang (CN 110664603 A) discloses a related telescopic torsion massager. Xi et al. (CN 114983786 A) discloses a related penis massager with a reciprocating power mechanism and a rotary power mechanism. Chen (CN 107049447 A) discloses a related sexual massager.
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
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