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 . 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.
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. 63/382,508, 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. With regards to claims 1, 16 and 20, Application No. 63/382,508 fails to provide adequate support for at least one oblong cutout near the stimulation end of the handle, the at least one oblong cutout having a depth; and at least one stimulator having an extension comprising a stem and face, wherein the face is shaped to fit through the at least one oblong cutout and rotate to secure the at least one stimulator to the handle. Thus, claims 1-22 are not entitled to the benefit of the prior application and the effective filing date of claims 1-22 in the application appears to be 03/22/2023.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Specification
The disclosure is objected to because of the following informalities: In paragraph [25] on page 2 of the specification as originally filed recites “37 CFR 1.57(c)(1)-(3)”. It appears the recitation should be amended to recite --37 CFR 1.57(d)(1)-(3)-- since 37 CFR 1.57(c) does not have a subsection (3). Appropriate correction is required.
Claim Objections
Claims 1, 4, 5, 8, 9, 11-13, 16 and 19-21 are objected to because of the following informalities:
Claim 1, line 4 “length,;” should be amended to recite --length;--
Claim 1, lines 6, 10 and 11 each of recitation of “the oblong cutout” should be amended to recite --the at least one oblong cutout--;
Claim 1, lines 11-12 “the stimulator” should be amended to recite --the at least one stimulator--;
Claim 4, line 3 “wherein at least one stimulator” should be amended to recite --wherein the at least one stimulator--;
Claim 4, lines 5 and 7 each recitation of “stimulator may be used by” should be amended to recite --stimulator is configured to be used by--;
Claim 5, line 4 “and at least one stimulator” should be amended to recite --and the at least one stimulator--;
Claim 8, line 1 “wherein each at least one stimulator” should be amended to recite --where the at least one stimulator--;
Claim 9, line 2 “the stimulator” should be amended to recite --the at least one stimulator--;
Claim 11, line 2 “the stimulator” should be amended to recite --the at least one stimulator--;
Claim 12, line 2 “electrical lead that magnetically connects to a charger” should be amended to recite --electrical lead that is configured to magnetically connect to a charger-- in order to ensure clarity of the scope of the claim;
Claim 13, line 2 “wherein at least one stimulator” should be amended to recite --wherein the at least one stimulator--;
Claim 13, line 4 “wherein the distance” should be amended to recite --wherein a distance--;
Claim 16, lines 4 and 8 each recitation of “the oblong cutout” should be amended to recite --the at least one oblong cutout--;
Claim 16, lines 5-8 “configuring at least one stimulator to have a body and an extension wherein the extension comprises a stem and a face, the stem extending a length between the body and the face; configuring the length to generally correspond to the depth of the cutout, wherein the face is shaped to fit though the oblong cutout and rotate to secure the stimulator to the handle” should be amended to recite --providing , the at least one stimulator having ,[[;]] of the stem ing to the depth of the at least one oblong cutout, wherein the face is shaped to fit though the at least one oblong cutout and rotate to secure the at least one stimulator to the handle--
Claim 16, line 9 “the stimulator” should be amended to recite --the at least one stimulator--;
Claim 19, line 2 “the stimulator” should be amended to recite --the at least one stimulator--;
Claim 20, lines 2 and 4 “the stimulator” should be amended to recite --the at least one stimulator--;
Claim 21 should be amended as follows to address multiple informalities:
21. A method of enhancing a partnered sexual experience, the method comprising the acts of:
providing a handle having a user side configured to face the user during use, an opposing side opposite to the user side, a grip end, a stimulation end, and at least one oblong cutout near the stimulation end of the handle, the at least one oblong cutout having a depth;
providing , the plurality of stimulators having and that generally corresponds to the depth of the oblong cutout such that the plurality of stimulators may be coupled to the handle from the user side or from the opposing side;
ing a first stimulator and a second stimulator from among the plurality of stimulators; and
coupling .
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 19 and 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 19 recites the limitation "the oblong body" in line 2. There is insufficient antecedent basis for this limitation in the claim because there is no prior mention of an oblong body in the claim or the claim from which it depends.
Claim 20 recites the limitation "the oblong body" in line 2. There is insufficient antecedent basis for this limitation in the claim because there is no prior mention of an oblong body in the claim or the claim from which it depends.
Claim Rejections - 35 USC § 102
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.
(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, 2, 9 and 14-16 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Stultz (US 2004/0249325 A1).
Referring to claim 1: Stultz teaches a device (see figure 2) fully capable of facilitating sexual arousal of at least one user and operating as a sex toy accessory system, the device comprising: a handle (see figure 2, #10) having a user side configured to face the user during use, an opposing side opposite to the user side (see figure 2), a grip end (see figures 1-2, #12; paragraph [0037]), a stimulation end (see figures 1-2, #14; paragraphs [0037]-[0039]), and a length (see figure 2; paragraph [0042]); at least one oblong cutout (see figures 3-4, #64; paragraphs [0034] and [0039]; wherein a pair of round holes, #64, having slots extending from each of the holes, i.e., oblong cutouts, are arranged near the stimulation end, #14) near the stimulation end of the handle to couple at least one stimulator (see figures 3-4, #40/50) to the handle, wherein the oblong cutout has a depth (see figures 5-6; paragraph [0039]); wherein the at least one stimulator has a body (see figures 3-4, #62/62’) and an extension (see figures 5-6, #74; paragraph [0039]) wherein the extension comprises a stem (see figures 5-6, #74’; paragraph [0039]) and a face (see figures 5-6, #80; paragraph [0039]); wherein the stem extends between the body and the face and has a length corresponding to the depth of the oblong cutout (see figures 5-6; paragraph [0039]); wherein the face is shaped to fit through the oblong cutout and rotate to secure the stimulator to the handle (see figures 5-6; paragraphs [0039] and [0043]).
Referring to claim 2: Stultz further teaches the at least one stimulator is at least one of a penetrating body (see figure 3) and a sensation drive (see figure 4; paragraph [0041]; wherein the heads of figure 3 are fully capable of penetrating and the design of figure 4 is fully capable of providing sensation).
Referring to claim 9: Stultz further teaches a stop on the stimulation end of the handle (see figures 3 and 5, #90) that limits the rotation of the stimulator relative to the handle (see paragraph [0039]; additionally terminal ends of the slots act as stops).
Referring to claim 14: Stultz further teaches the handle is curved with no marked angle changes (see figure 2; paragraph [0042]).
Referring to claim 15: Stultz further teaches an attachment face (see figure 2, #70) at the stimulation end of the handle, wherein the at least one oblong cutout is situated on the attachment face, and wherein the oblong cutout depth is equal to an attachment face depth (see paragraphs [0037]-[0039]).
Referring to claim 16: Stultz teaches a method capable of providing a variable action sex action (see paragraphs [0041]-[0043]), the method comprising the acts of: providing a handle (see figure 2, #10) having a user side configured to face the user during use, an opposing side opposite to the user side (see figure 2), a grip end (see figures 1-2, #12; paragraph [0037]), a stimulation end (see figures 1-2, #14; paragraphs [0037]-[0039]), a length (see figure 2; paragraph [0042]), and at least one oblong cutout (see figures 3-4, #64; paragraphs [0034] and [0039]; wherein a pair of round holes, #64, having slots extending from each of the holes, i.e., oblong cutouts, are arranged near the stimulation end, #14) near the stimulation end of the handle, the oblong cutout having a depth (see figures 5-6; paragraph [0039]); configuring at least one stimulator (see figures 3-4, #40/50) to have a body (see figures 3-4, #62/62’) and an extension (see figures 5-6, #74; paragraph [0039]) wherein the extension comprises a stem (see figures 5-6, #74’; paragraph [0039]) and a face (see figures 5-6, #80; paragraph [0039]), the stem extending a length between the body and the face; configuring the length to generally correspond to the depth of the cutout (see figures 5-6; paragraph [0039]), wherein the face is shaped to fit through the oblong cutout and rotate to secure the stimulator to the handle (see figures 5-6; paragraphs [0039] and [0043]); and providing the handle and stimulator to a user for assembly and use (see figure 2).
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.
Claims 1, 2, 4, 10, 13-16, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tucker (US 2023/0045304 A1) in view of Stultz.
Referring to claims 1 and 16: Tucker teaches a sex toy accessory system and method of providing a variable action sex action (see figure 5; paragraph 0002]) for facilitating sexual arousal of at least one user, the sex toy accessory system and method comprising: providing a handle (see figure 5) having a user side configured to face the user during use, an opposing side opposite to the user side, a grip end (see figure 5; wherein the grip end is located at #501), a stimulation end (see figure 5, wherein the stimulation end is located at #502), and a length (see figure 5); at least one oblong cutout (see figures 1, 3 and 5, #106), near the stimulation end of the handle; configuring at least one stimulator (see figures 1, 5 and 7, #102/505; paragraphs [0030], [0041]-[0042]) to the handle, wherein the oblong cutout has a depth (see figures 1 and 3); wherein the at least one stimulator has a body (see figure 1, #102) and an extension (see figure 1, #104) wherein the extension comprises a stem and a face; configuring a length of the stem to extend between the body and the face and has a length corresponding to the depth of the oblong cutout (see figures 1, 3, 5; paragraphs [0020]-[0023]; wherein it is clear the extension includes a stem that extends through the oblong cutout, #106, and a face that secures the stimulator); and providing the handle and stimulator to a user for assembly and use (see figure 5). Tucker is silent to the face being specifically shaped to fit through the oblong cutout and rotate to secure the stimulator to the handle.
Stultz teaches a device comprising: a handle (see figure 2, #10) having a grip end (see figures 1-2, #12; paragraph [0037]), a stimulation end (see figures 1-2, #14; paragraphs [0037]-[0039]), and a length (see figure 2; paragraph [0042]); at least one oblong cutout (see figures 3-4, #64; paragraphs [0034] and [0039]; wherein a pair of round holes, #64, having slots extending from each of the holes, i.e., oblong cutouts, are arranged near the stimulation end, #14) near the stimulation end of the handle to couple at least one stimulator (see figures 3-4, #40/50) to the handle, wherein the oblong cutout has a depth (see figures 5-6; paragraph [0039]); wherein the at least one stimulator has a body (see figures 3-4, #62/62’) and an extension (see figures 5-6, #74; paragraph [0039]) wherein the extension comprises a stem (see figures 5-6, #74’; paragraph [0039]) and a face (see figures 5-6, #80; paragraph [0039]); wherein the stem extends between the body and the face and has a length corresponding to the depth of the oblong cutout (see figures 5-6; paragraph [0039]); wherein the face is shaped to fit through the oblong cutout and rotate to secure the stimulator to the handle (see figures 5-6; paragraphs [0039] and [0043]). 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 oblong cutout of Tucker to include hole at one end of the oblong cutout for accommodating the face of the extension like taught by Stultz in order to aid in assembly and disassembly of the stimulator from the handle for cleaning.
Referring to claim 2: Tucker further teaches the at least one stimulator is at least one of a penetrating body and a sensation drive (see figures 5 and 7; paragraph [0042]; wherein for a female user and the stimulator being a phallic device, when the penetrating body is used for anal penetration, the phallic device is near the clitoris as a sensation drive).
Referring to claim 4: Tucker further teaches a device that is fully capable of being used by a first user and a second user, wherein the at least one oblong cutout is a first oblong cutout and a second oblong cutout (see figures 1, 3 and 5, #106), and wherein at least one stimulator is a first stimulator and a second stimulator (see figures 1, 5 and 7, #102/505; paragraphs [0030], [0041]-[0042]), the first oblong cutout is configured to accommodate the first stimulator such that the first stimulator may be used by the first user on the user side of the handle, and the second oblong cutout is configured to accommodate the second stimulator such that the second stimulator may be used by the second user on the opposing side of the handle (see figure 5; wherein the at least one stimulator is fully capable of being assembled on the opposing side for two user use).
Referring to claim 10: Tucker further teaches a barbed toy attachment (see figures 1, 5 and 7; paragraph [0023]; wherein the at least one stimulator is a phallic device and a second stimulator is attachable to a barbed toy attachment).
Referring to claim 13: Tucker further teaches the at least one oblong cutout is a first oblong cutout and a second oblong cutout (see figures 1, 3 and 5, #106), wherein at least one stimulator is a first stimulator and a second stimulator (see figures 1, 5 and 7, #102/505; paragraphs [0030], [0041]-[0042]), wherein the first stimulator is a penetrating body, and the second stimulator is a sensation drive (see figure 7), and wherein the distance between the first stimulator and the second stimulator is adjustable (see paragraph [0022]).
Referring to claim 14: Tucker further teaches the handle is curved with no marked angle changes (see figure 5).
Referring to claim 15: Tucker further teaches an attachment face (see figures 1, 3, and 5, #101) at the stimulation end of the handle, wherein the at least one oblong cutout is situated on the attachment face, and wherein the oblong cutout depth is equal to an attachment face depth (see figures 1, 3 and 5).
Referring to claim 19: Tucker further teaches coupling a penetrating body to the handle and spacing the oblong body such that the stimulator is near the penis or clitoris of the user when the penetrating body is completely inserted into the user (see figures 5 and 7; wherein for a female user and the stimulator being a phallic device, when the penetrating body is used for anal penetration, the phallic device is near the clitoris).
Referring to claim 20: Tucker further teaches coupling a penetrating body to the handle and spacing the oblong body such that the stimulator is near the penis or clitoris of the user when the penetrating body is partially inserted into the user (see figures 5 and 7; wherein for a female user and the stimulator being a phallic device, when the penetrating body is used for anal penetration, the phallic device is near the clitoris), and configuring the handle to exert a spring bias to maintain contact between the user and the stimulator while the penetrating body is thrust into and removed from the user to varying degrees (see figure 5; wherein it is clear the handle will allow for a spring bias when leveraged by a solo user).
Claims 3, 5-8, 11, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Tucker in view Stultz in view of Martin (US 2019/0060162 A1).
Referring to claim 3: With regards to claim 2 above, Tucker, as modified by Stultz, the is silent to the sensation drive comprising at least one of a vibrator, an air pulse, a tongue flicker, a clamp, suction, and electrical stimulation. Martin teaches a sex toy accessory system (see figure 1) comprising a handle (see figure 1, #100) having a grip end (see figure 1, #110), a stimulation end (see figure 1, #106), and a length (see figure 1); and at least one stimulator (see figure 1, #102); wherein the at least one stimulator is a sensation dive comprising a vibrator (see paragraphs [0055] and [0059]). 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 sensation drive of Tucker, as modified by Stultz, with a vibrator like taught by Martin in order to provide the user with additional stimulation options.
Referring to claims 5-7 and 18: With regards to claims 1 and 16 above, Tucker, as modified by Stultz, is silent to the handle comprises a power source, at least one handle electrical lead situated near the at least one oblong cutout in electrical communication with the power source and at least one stimulator electrical lead situated on the body of the at least one stimulator such that when the body is rotated to be securely coupled to the handle, the at least one body lead is in electrical communication with the at least one handle lead to provide an electrical connection between the handle and at least one stimulator.
Martin teaches a sex toy accessory system (see figure 1) comprising a handle (see figure 1, #100) having a grip end (see figure 1, #110), a stimulation end (see figure 1, #106), and a length (see figure 1); at least one stimulator (see figure 1, #102); and a control interface (see figure 1, #109) near the grip end of the handle wherein instructions from the control interface are relayed to the at least one stimulator (see figure 1; paragraphs [0040], [0055] and [0059]); wherein the at least one stimulator is a sensation dive comprising a vibrator (see paragraphs [0055] and [0059]); and wherein at least one handle electrical lead situated near the stimulation end and at least one stimulator electrical lead situated on the body of the at least one stimulator to provide an electrical connection between the handle and at least one stimulator (see figure 5; paragraph [0059]; “first electrical terminal” and “second electrical terminal” and wherein it is clear that when the stimulator is rotated to be securely coupled to the handle the first and second electrical terminals provide an electrical connection between the handle and stimulator). Martin further teaches power supply from the handle is provided through the electrical terminals to the stimulator rather than being suppled by a battery or circuitry in the stimulator itself (see paragraph [0059]). 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 device of Tucker, as modified by Stultz, with a vibrator with electrical terminals, control interface, and handle power supply like taught by Martin in order to provide the user with additional stimulation options for aiding in control of the vibrator from the grip end of the device (see Martin paragraphs [0055] and [0059]).
Referring to claims 8, 11 and 17: With regards to claims 1 and 16 above, Tucker, as modified by Stultz, the is silent to each at least one stimulator has its own independent control interface and a battery housed within the body of the stimulator. Martin teaches a sex toy accessory system (see figure 1) comprising a handle (see figure 1, #100) having a grip end (see figure 1, #110), a stimulation end (see figure 1, #106), and a length (see figure 1); and at least one stimulator (see figure 1, #102); wherein the at least one stimulator is a sensation dive comprising a vibrator (see paragraphs [0055] and [0059]); and wherein power and commands for the vibratory effects of the stimulator may be supplied by battery or circuitry within the stimulator itself (see paragraph [0059]). 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 sensation drive of Tucker, as modified by Stultz, with a vibrator with self-contained battery and vibratory commands like taught by Martin in order to provide the user power and adjust vibration settings of the stimulator when the stimulator is being used independently of the handle.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tucker in view Stultz in view of Martin, as applied to claim 11 above, in view of Raccah (US 2023/0127737 A1).
Referring to claim 12: Tucker, as modified by Stultz and Martin, is silent to the battery is coupled to at least one electrical lead that magnetically connects to a charger. Raccah teaches a stimulator device (see abstract) comprising a rechargeable battery (see figure 10, #124; paragraph [0041]) coupled to at least one electrical lead (see figure 10; #125; paragraph [0041]) that magnetically connects to a charger (see paragraph [0033]). 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 stimulator device of Tucker, as modified by Stultz and Martin, to include a rechargeable battery and at least one electrical lead that magnetically connects to a charger like taught by Raccah in order to provide charging capabilities of the stimulator while reducing battery waste.
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Tucker in view of Hudson (US Patent No. 6,991,599).
Referring to claim 21: Tucker teaches a method of enhancing a sexual experience (see figure 5; paragraph 0002]), the method comprising the acts of: providing a handle (see figure 5) having a user side configured to face the user during use, an opposing side opposite to the user side, a grip end (see figure 5; wherein the grip end is located at #501), a stimulation end (see figure 5, wherein the stimulation end is located at #502), and at least one oblong cutout (see figures 1, 3 and 5, #106) near the stimulation end of the handle, the oblong cutout having a depth (see figures 1 and 3); configuring a plurality of stimulators (see figures 1, 5 and 7, #102/505; paragraphs [0030], [0041]-[0042]) to have a body (see figure 1, #102) and an extension (see figure 1, #104) wherein the extension comprises a stem and a face, the stem extending a stem length between the body and the face that generally corresponds to the depth of the oblong cutout (see figures 1, 3, 5; paragraphs [0020]-[0023]; wherein it is clear the extension includes a stem that extends through the oblong cutout, #106, and a face that secures the stimulator) such that the stimulator may be coupled to the handle from the user side or from the opposing side (see figure 5); allowing the user to select a first stimulator and a second stimulator from among the plurality of stimulators (see figure 7; paragraphs [0040]-[0041]). Tucker is silent to an enhance partnered sexual experience and explicitly coupling the first stimulator to the user side of the handle and the second stimulator to the opposing side of the handle. Hudson teaches an enhanced partnered sexual experience comprising providing a handle assembly (see figures 6-8); a first stimulator (see figures 6-8, #88/110/114) and a second stimulator (see figures 6-8, #90/112/116), wherein the first stimulator is coupled to a first user side of the handle assembly and the second stimulator is coupled to the opposing side of the handle assembly (see figures 6-8; column 5, lines 15-51). It would have been obvious to one of ordinary skill in the in the art before the effective filing date of the claimed invention was made to modify the first and second stimulators of Tucker to being arranged on opposing sides of the handle for partner use like taught by Hudson to allow a user configurability for solo or partnered use.
Referring to claim 22: Tucker, as modified by Hudson, silent to marketing the handle and stimulators to couples, however, due to the configurability of the device it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to market the handle and stimulators of Tucker, as modified by Hudson, to both couples and singles in order to reach a greater population of consumers.
Conclusion
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/KAYLEE R WILSON/ Primary Examiner, Art Unit 3700