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 .
Response to Amendment
Applicant’s amendment, filed 16 June 2026, is acknowledged. Claims 1 and 2 are amended. Claims 3-6 are new. Claims 1-6 are pending in the instant application.
Response to Arguments
Applicant’s arguments, filed 16 June 2026, with respect to the objections to the abstract, specification and claim 1 have been fully considered and are persuasive in light of the amendment. The objections to the abstract, specification and claim 1 have been withdrawn.
Applicant’s arguments, with respect to the 35 USC 112(b) rejections have been fully considered and are persuasive in light of the amendment. The previous 35 USC 112(b) rejections have been withdrawn.
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1 and 2 under 35 USC 103 have been fully considered and are persuasive in view of the amendment. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wang-sik (KR 200326683 Y1), Jillette (US 5920923 A) and Heilman (US 20090038069 A1) and further in view of Guarrera (US 4123808 A).
Claim Objections
Claim 1, 2, and 4 are objected to because of the following informalities:
Claim 1, line 4, --the first casing-- should be inserted following “inside”.
Claim 1, line 11 recites “runs by through rest” but should read --runs through a rest--.
Claim 2, line 1 recites “The sex toy as in claim 1,” but should read –The sex toy of claim 1—for consistency with claims 3-6.
Claim 2, line 13 recites “spray nozzle” but should read –the spray nozzles--.
Claim 4, line 2 recites “flow through to corresponding flexible hand configurable tubing mechanism” but should read --flow through to a corresponding flexible hand configurable tubing mechanism--.
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 1-6 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 1 recites the limitation "wherein any water diverted by the manual valve by the diverter outlet pipe is diverted out of the outlet pipe and into the diverter outlet pipe; “ The limitation is grammatically unclear. The limitations written as --wherein the manual valve is configured to divert a portion of the flow of water out the diverter outlet pipe, thereby reducing the flow of water through the outlet pipe;--. The preceding and following limitations may need correction to improve clarity, example being the following limitation may read --wherein the flow of water in the outlet pipe not diverted by the manual valve then runs through a remaining portion of the outlet pipe;--.
Claim 1 recites the limitation “an on/off switch in a second casing for turning on and off the water pump;” and then recites “wherein the second casing comprises a battery compartment, an on/off switch electrically connected to a battery inside the battery compartment,”. It is unclear if the on/off switch are the same in both limitations and if they are the second “an on/off switch” should recite “the on/off switch”.
Claim 1, lines 18-20 recite “and an electrical wire configured to connect the on/off switch to the small water pump to control power to the small water pump.” which appears to be a duplicate of lines 14-15. It is unclear if the duplication is intended to recite a second electrical wire or if they are the same.
Claims 2-6 inherit the same deficiencies.
Claim 2 recites “said small stream or streams of water” , “the stream(s)”, “stream(s)“ but claim 1 recites “one or more small water streams”, therefore the limitations lack antecedent basis. The limitations should recite –the one or more small water streams—for clarity and consistency.
Claims 2 recites “wherein said small stream or streams of water where the stream(s) is configured “ appears to be a grammatical error.
Claim 2 recites “stream(s) is configured to be positioned stationary to stay focus on the part of erogenous area of a person wanting stimulated by stream(s);“ appears to be a grammatical error.
Claim 2 recites the limitation “it would be possible for average person with moderate flexibility and dexterity to move the stream(s) by hand around the erogenous area pointed at while being stimulated by stream(s) of water instead of just using a stationary stream(s) position(s) during stimulation;” which is not positively recited in the claim and therefore it is not clear if the limitation is intended to further limit claim 2.
Claim 2 recites the limitation “each small stream of water has a spray nozzle at the end of stream where water sprays from; and”. The one or more small water streams would not have a spray nozzle at the end of the one or more small water streams as the claim should be directed to the one or more flexible hand configurable tubing mechanisms.
Claim 6 inherits the same deficiencies.
Claim 3 recites the term “it” which renders the claim indefinite because it is unclear what the limitation is reference.
Claims 4 and 5 inherit the same deficiencies.
Claim 6 recites the limitation "at the end of each" in line 1. There is insufficient antecedent basis for this limitation in the claim. The limitation should read --at an end of each--.
Claim 6 appears to be a duplicate of lines 11-12 of claim 2.
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 nonobviousness.
Claim(s) 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Wang-sik (KR 200326683 Y1) in view of Jillette (US 5920923 A) and further in view of Heilman (US 20090038069 A1) and Guarrera (US 4123808 A).
Regarding claim 1, Wang-sik discloses a sex toy (Abstract, “portable underwater massage device), comprising a first casing comprising an inlet pipe for receiving water from a water source leading into a small water pump contained inside (Figure 1, case “5”, suction part “13”, underwater motor pump “10”); an outlet pipe from the small water pump wherein water pumps out from the pump (Figure 1, elbow “16”); wherein a flow of water is configured to run from the outlet pipe though a manual valve (Figure 1, valve “19); one or more hand configurable tubing mechanism(s) configured to branch off the outlet pipe to produce one or more small water streams (Figures 1-4b, the outlet tubing is configurable by hand); an electrical wire attached from the small water pump in the first casing to an on/off switch in a second casing for turning on and off the water pump (Figure 1, “8”);
Wang-sik fails to disclose a manual diverter valve that controls the out flow of water from the pump by diverting the water to a bypass pipe. Jillette discloses a device for stimulating a female with a water stream (Jillette, Abstract), wherein the system comprises a pump (Jillette, Figure 1, “29”) and the water is pumped out an outlet pipe (Jillette, Figure 1, “30”) wherein the outlet pipe comprises a mechanical fluid diverter valve (Jillette, Figure 1, “44”) for diverting water from the outlet pipe to the nozzle (Jillette, Figure 2, “40”). Jillette further discloses the valve is used to control the flow rate to the nozzle (Jillette, Col 4, lines 41-45). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the toy as taught by Wang-Sik, with the outlet pipe comprising a diverter valve to control the flow rate as taught by Jillette, since such a modification would provide the predictable results of providing an additional level of adjustment for the user in combination with manual valve, to provide the correct amount of flow to achieve enjoyment.
Wang-Sik, as modified by Jillette, teaches a device powered by AC power and therefore is silent as to the second casing comprises a battery compartment, an on/off switch electrically connected to a battery inside the battery compartment. Modified Wang-Sik is also silent as to a suction cup on the outside surface of the first casing to engage and disengage a surface. Heilman discloses a portable hydro-therapeutic stimulation device for massage therapy to a user's genital region (Heilman, Paragraph [0002]), wherein the battery and power switch are housed in a separate case than the pump system (Heilman, Figure 16, battery pack “59”, sealed waterproof switch “62”) in order to improve portability (Heilman, Paragraph [0064]). Heilman further discloses using suction cups for attaching the device to the bottom of a bathtub (Heilman, Paragraph [0052]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the toy as taught by modified Wang-Sik, with the second casing comprising the battery compartment and power switch and a suction cup for attaching a device to a bathtub as taught by Heilman, since such a modification would provide the predictable results of increasing the portability of the device (Heilman, Paragraph [0064]).
Wang-sik, as modified by Jillette and Hellman, fails to disclose the hand configurable tubing mechanism(s) is flexible. Guarrera discloses a device for directing water at a user's rectogenital area (Abstract), wherein the device comprises a ball mounting which permits the spray head to have its angular position changed by hand to any position that the user desires (Col 7, line 68 to Col 8, line 3, Figure 2, “108”). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the toy as taught by modified Wang-Sik, with the hand configurable tubing mechanism including a flexible component as taught by Guarrera, since such a modification would allow the device to move to any position that the user desires (Col 7, line 68 to Col 8, line 3).
Regarding claim 2, Wang-sik, as modified in claim 1, discloses said small stream or streams of water where the stream(s) is configured to be moved by hand to point at erogenous areas and stream(s) is configured to be positioned stationary to stay focus on the part of erogenous area of a person wanting stimulated by stream(s) (Wang-sik as modified by Guarrera in claim 1 disclosed a ball joint that allows the spray to aimed at the user, by manipulating the ball joint by hand. See Figure 2 of Guarrera); the small stream or streams of water is configured to be positioned to point at erogenous areas of the person in different positions whether lying down, kneeling, squatting or standing; in lying down, kneeling, or squatting position it would be possible for average person with moderate flexibility and dexterity to move the stream(s) by hand around the erogenous area pointed at while being stimulated by stream(s) of water instead of just using a stationary stream(s) position(s) during stimulation (The ball joint of Guarrera, as disclosed in claim 1, would allow the spray to aimed at the angle needed); each small stream of water has a spray nozzle at the end of stream where water sprays from (Wang-sik, Figure 2 “N1”); and spray nozzle may also be adjustable for different spray effects (Wang-sik discloses a plurality of nozzles, Figures 2-5b).
Regarding claim 3, Wang-sik, as modified in claim 1, does not disclose each flexible hand configurable tubing mechanism can have a diverter valve near where it comes off the outlet pipe. Guarrera discloses a valve near the spray nozzle that controls the spray on or off or changes its velocity (Figure 2, handle 112, Col 8, lines 3-6). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the toy as taught by modified Wang-Sik, with each flexible hand configurable tubing mechanism can have a diverter valve near where it comes off the outlet pipe as taught by Guarrera, since such a modification would allow the device to be controlled by user in a location that is close to the user (Guarrera, Figure 2).
Regarding claim 4, Wang-sik, as modified in claim 3, further discloses the diverter valve controls an amount of water to flow through to corresponding flexible hand configurable tubing mechanism (Guarrera Figure 2, handle 112, Col 8, lines 3-6).
Regarding claim 5, Wang-sik, as modified in claim 3, further discloses water flows through the flexible hand configurable tubing mechanism unimpeded (A fully open valve of Guarrera would allow water to flow unimpeded).
Regarding claim 6, Wang-sik, as modified in claim 2, discloses at the end of each flexible hand configurable tubing mechanism is a spray nozzle (Wang-sik, Figure 2 “N1”).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc D Honrath whose telephone number is (571)272-6219. The examiner can normally be reached M-F 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A Marmor II can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/M.D.H./Examiner, Art Unit 3791
