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 application as filed on 02-24-2023. As directed, claims 1-16 are pending examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first housing cavity” and “the second housing cavity” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 5-6, 9, and 16 are objected to because of the following informalities:
At claim 1, line 6, it is suggested that “the cylinder body” be replaced with “the elastic cylinder body” for consistency with line 5.
At claim 5, line 3, it is suggested that “a cavity wall” be replaced with “the cavity wall” as the limitation was introduced in claim 1, lines 3-4.
At claim 5, line 6, it is suggested that “a” be added before “guide portion” for clarity.
At claim 5, line 7, it is suggested that “rotating” before “inner sleeve” be eliminated for consistency with claim 5, line 1.
At claim 5, line 9, it is suggested that “the cylinder body” be replaced with “the elastic cylinder body” for consistency with claim 1, line 5.
At claim 6, line 7, it is suggested that “the other end” be replaced with “the second section” for clarity.
At claim 6, line 7, it is suggested that “the other end” be replaced with “a second end” for clarity.
At claim 9, line 3, it is suggested that “the front” be replaced with “a front” as the limitation has not yet been introduced.
At claim 16, lines 1 and 2, it is suggested that “the cylinder body” be replaced with “the elastic cylinder body” for consistency with claim 1, line 5.
At claim 16, line 3, it is suggested that “the” before” columnar” be eliminated, as these type of protrusions have not yet been introduced.
Appropriate correction is required.
Claim Interpretation
Examiner notes that the claim term “penetrating manner” in claim 1, line 2 is interpreted as “through”, as evidenced by the longitudinal cavity and opening that the accommodating hole 13 traverses through housing 1 in Figure 1.
Examiner notes that the claim term “running fit” as seen in claim 1 and 5, is interpreted to be a longitudinally extending relationship between two components, such that the two components “fit” together along their longitudinal aspect.
Examiner notes that the term “outwards convexly” as seen in claims 2 and 3, is interpreted to refer to the outer surface of the claim element being convex, as in a circle or other arcuate shape.
Examiner notes with respect to claims 10-13 when terms such as “first”, “second”, and “third” appear, it is understood that these claim terms match and are provided with antecedent basis from their iterations in the instant specification. If the numeric representations are given out of order, for instance a “second” member is introduced with a “first” being introduced, this is interpreted and understood to follow the terminology provided in the instant specification, and unless an additional, for example, “first” member were previously introduced, these claim terms are not interpreted to require additional similar members simply by virtue of using the terms “second” or “third”.
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 5-8, 10-13, and 15 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.
Regarding claim 5, line 2 recites the limitation “a gear ring” which renders the claim indefinite. A “gear ring” was previously introduced at line 2 of claim 2, from which claim 5 indirectly depends. Thus, it is unclear whether this gear ring introduced in claim 5 is a new gear ring, or is meant to refer to the gear ring of claim 2.
Given that the instant specification identifies only a single gear ring, denoted by reference numeral 61, for purposes of examination, the claim will be interpreted such that “a gear ring” in claim 5 reads “the gear ring” and refers to the “gear ring” introduced at claim 2, line 2. In order to overcome the rejection, Applicant may amend “a gear ring” to “the gear ring”.
Claims 6-7 and 10-13 are rejected by virtue of their dependence on claim 5.
Regarding claim 5, line 2 recites the limitation “a first turbine” which renders the claim indefinite. A “turbine” was previously introduced at line 6 of claim 2, from which claim 5 indirectly depends. Thus, it is unclear whether this first turbine introduced in claim 5 is a new turbine, or is meant to refer to the turbine of claim 2.
Given that the instant specification identifies the first turbine, denoted by reference numeral 42, as a structure interfacing with the gear ring 61 at paragraphs 54-56, it is believed that “the gear” of claim 2 further limited to be a “turbine” and the “first turbine” of claim 5, refer to the same element. For purposes of examination, the claim will be interpreted such that “a first turbine” in claim 5 reads “the turbine” and refers to the “turbine” introduced at claim 2, line 6. In order to overcome the rejection, Applicant may amend “a first turbine” to “the turbine”, or alternately provide a showing that the turbines are different.
Claims 6-7 and 10-13 are rejected by virtue of their dependence on claim 5.
Regarding claim 8, line 1 recites the limitation “a first turbine” which renders the claim indefinite. A “turbine” was previously introduced at line 6 of claim 2, from which claim 8 indirectly depends. Thus, it is unclear whether this first turbine introduced in claim 8 is a new turbine, or is meant to refer to the turbine of claim 2.
Given that the instant specification identifies the first turbine, denoted by reference numeral 42, as a structure interfacing with the gear ring 61 at paragraphs 54-56, it is believed that the “gear” of claim 2 further limited to be a “turbine” and the “first turbine” of claim 8, refer to the same element. For purposes of examination, the claim will be interpreted such that “a first turbine” in claim 8 reads “the turbine” and refers to the “turbine” introduced at claim 2, line 6. In order to overcome the rejection, Applicant may amend “a first turbine” to “the turbine”, or alternately provide a showing that the turbines are different.
Claim 15 is rejected by virtue of its dependence on claim 8.
Claim 10 recites the limitation "the first mounting rack" in line 4. There is insufficient antecedent basis for this limitation in the claim.
In order to overcome the rejection, Applicant may replace “the” with “a”, or may alternatively rewrite claim 10 to depend from claim 9 to provide antecedent basis for the mounting rack and rewrite claim 9 to depend from claim 5 for antecedent basis for the first turbine.
Regarding claim 11, line 1 recites “a side portion of the accommodating hole” which renders the claim indefinite. A “side portion of the accommodating hole” was previously introduced in claim 1 at line 7, thus it is unclear whether the two iterations of “a side portion” refer to the same side portion or different side portions.
Given that the instant specification defines at paragraph 54 that the side portion defining the first housing cavity houses the motor 17, and that paragraph 59 states that the side portion defines the second housing cavity which houses the mounting rack 18, and further given that Figure 8 shows these two elements on opposite sides of the device, the “side portion” of claim 11 will be interpreted as an opposite side portion of the accommodating hole. In order to overcome the rejection, Applicant should amend “a side portion” of claim 11 to read “a second side portion” for clarity.
Claims 12-13 are rejected by virtue of their dependence on claim 11.
Claim 15 recites the limitation "the first mounting rack" in line 2. There is insufficient antecedent basis for this limitation in the claim.
In order to overcome the rejection, Applicant may replace “the” with “a”, or may alternatively rewrite claim 15 to depend from claim 9 to provide antecedent basis for the mounting rack.
Claim 15 recites the limitation "the driving motors" in line 3 which renders the claim indefinite, as only one “first driving motor” is introduced in claims 1, 2, 3, and 8 from which claim 15 depend. Thus, it is unclear what additional driving motors are being referred to.
In order to overcome the rejection, Applicant may replace “motors” with “motor”.
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.
Claims 1-3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jin (CN 109953881) in view of Raju (US 2023/0080795).
Regarding claim 1, Jin discloses a massager (“multi-section massager”) (abstract, line 1; Fig. 1), comprising a housing (10) (page 3: “As shown in FIG. 1-FIG. 3 and shown in FIG. 6, the present invention multistage massager for massaging male genital organ, it comprises an outer shell 10”; Fig. 1), wherein
an accommodating hole is provided on the housing (10) in a penetrating manner (page 3: “the shell 10 with one open end formed with a cylindrical cavity 11”, note that the accommodating hole is interpreted to be formed and bounded by the interior wall of shell 10, and at its bottom by the top portion of shell 12 shown in Fig. 2, and is for accommodating the inner mechanism of the massager; see also Fig. 5; further note the instant specification at paragraph 53 which describes the accommodating hole 13 as “a through hole structure”), a sleeve body (20) is axially provided in a cavity (11) of the accommodating hole, and the sleeve body (20) is in running fit with a cavity wall of the accommodating hole (page 3: “the inner shell 20 with one open end is cylindrical sleeved in the shell 10”, note that the interior wall of the housing 10 forms and provides the exterior boundary of the cavity 11 and accommodating hole, thus forming the cavity wall; see Fig. 2, where 20 runs longitudinally along cavity 11);
a cylinder body (“massaging part”) is axially fixed in a cavity of the sleeve body (20) (abstract, lines 1-2, note that massaging part is located axially within (sleeved in) the inner shell, and see page 3: “the massaging part is cylindrical with one end opening is sleeved on the inner shell 20”); and
a side portion (bottom side of the accommodating hole bounded and formed by the top portion of shell 12 shown in Fig. 2) of the accommodating hole forms a first housing cavity (12), a first driving motor (30) is provided in the first housing cavity (space within 12), and the first driving motor (30) is in transmission fit with the sleeve body (20) via a transmission mechanism (40) to drive the sleeve body (20) to rotate axially (page 3: “the driving device 30 is fixed on the housing 10 for driving the inner housing 20 to rotate, the driving device 30 can be directly formed by the drive motor by a drive motor and a transmission” and “the transmission 40 comprises a gear shift mechanism 41 and a drive mechanism 42, a driving device 30, a speed-change mechanism 41 and driving mechanism 42 are connected in turn, the drive mechanism 42 drives a plurality of housing 21 to rotate. In this embodiment, the driving mechanism 42 comprises a driving shaft 421, a driving gear 422 and a driven gear 423, a driving gear 422 fixed to the drive shaft 421 and rotating together with the drive shaft 421, and the driven gear 423 on the drive shaft 421 and the driveshaft 421 are rotatably connected”; page 4: “the housing 10 includes a housing 12 and a housing cover 13, a shell 12 of the circumference position corresponding to the inner shell 20 is provided with a window 14”; see Figs. 2-4, where drive device 30 is situated beneath portion 13 of housing 10, where 12 is shown to be in Fig. 2; further, note Figs. 1-2 of the instant application where the apparent first housing cavity holding motor 17is formed laterally next to the accommodating hole 13, such that its boundary appears to “form” the lateral aspect of the housing, and as interpreted it is the lower boundary at the top portion of 12 of the accommodating hole that forms the first housing cavity with 12).
Jin fails to disclose wherein the cylinder body is elastic with a plurality of elastic protrusions distributed on a cavity wall of the cylinder body.
However, Raju taches a male masturbation device which includes an elastic cylinder body (2) provided with a plurality of elastic protrusions (10, 11, and 12) distributed on a cavity wall (see “inner wall” in paragraph 26) of the cylinder body (2), where both the material and the protrusions mimics the feel of the vagina and improve stimulation during use (paragraph 23, lines 1-12, see “silicone” for elastic material; paragraph 26, lines 1-8 for different protrusions; Figs. 1-4).
Therefore, given that both Jin and Raju are directed to male masturbation devices, 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 cylinder body of Jin to be constructed from an elastic material and provided with a plurality of elastic protrusions distributed on a cavity wall of the cylinder body, as taught by Raju, in order to mimic the feel of the vagina and improve stimulation during use.
Regarding claim 2, Jin in view of Raju disclose the massager according to claim 1, as discussed above.
Jin further discloses wherein the transmission mechanism (40) comprises a gear (422) and a gear ring (peripheral teeth 22 formed in a ring-shaped array with connections between successive teeth as shown in Fig. 5) provided on the sleeve body (20), the gear ring (peripheral teeth 22 formed in a ring-shaped array with connections between successive teeth as shown in Fig. 5) is outwards convexly formed along a circumferential direction of the sleeve body (20), the gear (422) is driven to rotate by a driving force indirectly provided by the first driving motor (30), the gear (422) is arranged in mesh with the gear ring (peripheral teeth 22 formed in a ring-shaped array with connections between successive teeth as shown in Fig. 5) to drive the sleeve body to rotate, and the gear (422) is a spur gear (page 3: “the transmission 40 comprises a gear shift mechanism 41 and a drive mechanism 42, a driving device 30, a speed-change mechanism 41 and driving mechanism 42 are connected in turn, the drive mechanism 42 drives a plurality of housing 21 to rotate. In this embodiment, the driving mechanism 42 comprises a driving shaft 421, a driving gear 422 and a driven gear 423, a driving gear 422 fixed to the drive shaft 421 and rotating together with the drive shaft 421, and the driven gear 423 on the drive shaft 421 and the driveshaft 421 are rotatably connected” and page 4: “the outer peripheral surface of the housing 21 is provided with circumferential teeth engaged with the driving gear 422 and a driven gear 423 of 22” and “plurality of sleeve 21 42 respectively connected with the two sets of driving mechanism, specifically, housing 21 circumferential teeth 22 with one set of drive mechanism 42 of the drive gear 422, the driven gear 42 meshed with the other set of drive mechanism 423 on the other side”; see Figs. 3 and 5, where 20 includes gear teeth 22 on its body, which mesh with gears 422 and 423 that indirectly connect to drive device 30, note also that gear 422 includes radial teeth parallel to its axis, which is by definition, a spur gear, and the gear ring 22 is convexly formed on the outer surface of 20 circumferentially, note that the peripheral teeth 22 are formed in a ring-shaped array, and note the connection between successive teeth in Fig. 5).
Regarding claim 3, Jin in view of Raju disclose the massager according to claim 2, as discussed above.
Jin further discloses wherein the gear ring (peripheral teeth 22 formed in a ring-shaped array with connections between successive teeth as shown in Fig. 5) comprises a ring body (see the ring-shaped connection between successive peripheral teeth 22 in Fig. 5, where the connection forms the body) outwards convexly formed along the circumferential direction of the sleeve body (20) and a plurality of gear teeth (22) formed on the ring body, and the plurality of gear teeth (22) are arranged in an annular array and meshed with the gear (422) (page 4: “the outer peripheral surface of the housing 21 is provided with circumferential teeth engaged with the driving gear 422 and a driven gear 423 of 22”; see Figs. 3 and 5, where 20 includes gear teeth 22 on its body, which are shown in Fig. 5 to be connected by a ring-shaped body along successive peripheral teeth 22, and which mesh with gears 422 and 423 that indirectly connect to drive device 30, the ring gear is convexly formed on the outer surface of 20 circumferentially).
Regarding claim 14, Jin in view of Raju disclose the massager according to claim 1, as discussed above.
Jin further discloses wherein the housing (10) has a left portion and a right portion which are fixedly formed, grooves are formed on surfaces corresponding to the left portion and the right portion, the left portion and the right portion are combined to form the accommodating hole, and the first housing cavity (space within 12) is formed inside the right portion (see annotated Fig. 2 below; page 4: “the housing 10 includes a housing 12 and a housing cover 13, a shell 12 of the circumference position corresponding to the inner shell 20 is provided with a window 14, a window 14 is set on top part of housing 12 for housing 21 inlet, a shell cover 13 hinged with the shell 12 and covering the window 14”, where the hinged coupling reads on the term “fixedly formed”, and the accommodating hole is enclosed between 13 and the portion of the right housing that includes window 14, since the accommodating hole is formed and bounded by housing 10).
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Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Jin (CN 109953881) in view of Raju (US 2023/0080795), as applied to claim 1 above, in further view of Fang (WO 2014/107893).
Regarding claim 16, Jin in view of Raju disclose the massager according to claim 1, as discussed above.
Modified Jin further discloses wherein the cylinder body (massaging part of Jin modified to include protrusions and be elastic as in the sleeve 2 of Raju in claim 1) is made of silicone, and sheet-like protrusions (see 10 and 12 in Raju’s Fig. 4, modified to be located in the massaging part of Jin in claim 1) are spaced at both end cavity walls (see “inner wall” of Raju’s paragraph 26) in a cylinder cavity (3 of Raju) of the cylinder body (massaging part of Jin modified to include protrusions and be elastic as in the sleeve 2 of Raju in claim 1), and the columnar protrusions (11) are spaced at a middle cavity wall (see “inner wall” of Raju’s paragraph 26) in the cylinder cavity (3 of Raju) (Raju: paragraph 26, lines 1-8, where 10 and 12 are taken to be “sheet-like” due to their elongated longitudinal cross-sections that extend at an incline for element 12, and right to left for element 10, see Fig. 7 of the instant specification); Fig. 4).
Presently modified Jin fails to disclose wherein the cylinder body is made from silica gel.
However, Fang teaches a male masturbation aid (page 5: “The rotating wave sex toy of the present embodiment is used for male masturbation”; Fig. 1), which includes a cylinder body (2) for the penis, which is made from silica gel to provide an optimized massage effect (page 6: “The flexible accommodating cavity 2 is made of silica gel, which provides a better massage feeling when the penis is placed therein, and avoids injury to the penis. The flexible accommodating cavity 2 is closed at one end and the penis inlet is formed at the other end to accommodate the penis”; Fig. 1).
Given that the cylindrical body of Jin’s device is meant for insertion of a male genital organ (page 3: “As shown in FIG. 1-FIG. 3 and shown in FIG. 6, the present invention multistage massager for massaging male genital organ”), and Fang purports the same use of its cylinder body, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have constructed the cylinder body from silica gel, as taught by Fang, to provide an optimized massage effect to the user.
Allowable Subject Matter
Claims 4-13 and 15 are 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, and if amended to overcome each of the outstanding claim objections and rejections under 35 USC 112(b) above.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, Jin at best includes three sleeved elements, which include the shell 10, the inner shell 20, and the massaging part (page 3: “the present invention multistage massager for massaging male genital organ, it comprises an outer shell 10, the inner shell 20, the messaging unit(not shown)”). However, claim 4 requires that the housing (regarded as Jin’s shell 10) include an outer housing (which, looking at Jin’s Fig. 2 could reasonably be taken as the housing portion formed by the interior wall of shell 10), and an inner housing that is nested with the sleeve body (taken as Jin’s inner shell 20), where the inner housing is fixed in the cavity of the accommodating hole (taken as Jin’s cavity 11).
Jin does not contemplate an additional element outside of the inner shell 20 and the massaging part that could reasonably read on the inner housing formed within the cavity of the accommodating hole. Further, adding an additional housing component in the cavity (11) for nesting with the sleeve body (20) to be located within the cavity of the accommodating hole would necessarily cover the peripheral teeth (22) that are required to mesh with the gearing (422 and 423) to enact rotary motion of the sleeve body (20) (page 4: “At the same time, the outer peripheral surface of the housing 21 is provided with circumferential teeth engaged with the driving gear 422 and a driven gear 423 of 22; when the driving wheel rotates can drive housing 21 to rotate”). Thus, it is not clear how an inner housing contained within the cavity of the accommodating hole and nesting the sleeve body could reasonably be provided without rendering Jin’s device unsuitable for its intended operation (i.e., sleeving body 20 with an additional housing member would bring peripheral teeth 22 out of contact with additional gearing, and thus the motor, rendering rotary massage of the device inoperable).
Claims 5-7 and 9-13 each depend directly or indirectly from claim 4, and thus rendering an art rejection against these claims would require the limitations of claim 4, which is deemed to be patentably distinct.
Regarding claim 8, the claim requires that the gear of claims 2-3 be arranged within the first housing cavity, interpreted to be the space within shell 12 of Jin. Claim 2, which claim 8 indirectly depends from, additionally requires that the gear be meshed with the gear ring, where the gear ring is convexly and circumferentially formed on the sleeve body. Looking to Jin’s Figure 3, while there are additional gears that are arranged within shell 12 (see area near drive device 30 which is housed within 12, and note gears 411, 412, 413), none of these gears are meshed with the gear teeth (22) that are carried on the sleeve body (20), and thus the subject matter of claim 8 is not anticipated or rendered obvious by the Jin combination.
Claim 15 depends directly from claim 8, and thus requires all of the limitations of claim 8, which have been deemed to be patentably distinct.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith (WO 2017/122030) is cited for its housing structure of a male masturbatory device shown throughout Figures 1-4, which resembles the housing shape of the instant application at Figure 1.
Giampietro (US 2016/0008214) is cited for its relevant male masturbatory device which includes a gear and a gear ring meshed on an outside of a sleeve body as shown in Figure 3.
Kargula (WO 2005/099366) is cited for its housing structure of a male masturbatory device shown throughout Figures 1-4, which resembles the housing shape of the instant application at Figure 1.
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