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 .
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 subject matter set forth in claims 5 thru 14, including the sensors, temperature shifting device, vibration device, liquid dispensing device, audio device, as well as the protruding members 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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 5-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The subject matter set forth in claims 5 thru 14, including the sensors, temperature shifting device, vibration device, liquid dispensing device, audio device, as well as the protruding members as set forth in the specification pages 8 thru 9 are not reasonably described as to how or where they are specifically incorporated into the device and are not reasonably shown in the drawings.
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, 11-13 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, lines 2-3, “the proximity of and/or pressure” lacks antecedent basis.
Regarding claim 7, lines 2 and 3, “ a vibration device which can cause the main body and/or the elevated section and/or the flexible members to vibrate” , the use of and/or by itself is not indefinite however when used multiple times within a claim makes the intended scope of the claim unclear in view of the increased number of possible combinations and permutations the claim could be interpreted.
Regarding claim 8, line 3, “the surface” lacks antecedent basis.
Regarding claims 11-13, “the first human user” lacks antecedent basis.
Regarding claim 13, “the at least one protruding member” lacks antecedent basis.
Regarding claims 11-14, It is unclear if applicant is intending to claim the first human or second human as part of the device. For examination purposes, the examiner is interpreting the language “such that when the/a first human user engage…” as the intended use of the device. Language should include “configured to engage a user or adapted to engage a user” during use of the device.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eifler et al(US20100006100) hereinafter Eifler et al.
The claims are very broad and will be given their broadest reasonable interpretation.
Eifler et al. teaches a patient interface device adapted to contact the face of a user. Simply by providing contact with the face of a user will cause a sense of touch for the user and is interpreted as a physical stimulation to the face of the user.
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Regarding claim 1, Eifler et al. teaches A main body; and,
b) An elevated section physically contiguous with the main body, the elevated section having at least two flexible members, the at least two
flexible members defining a chamber, the chamber having a first entry at a first end of the chamber, a second entry at a second end of the chamber, and an upper opening between the at least two flexible members, the first entry, the second entry, and the upper opening all communicating. Note fig. 2 above and paragraph [0046].
Regarding claim 2, Eifler et al. teaches wherein the main body has a long axis, the upper opening is substantially parallel with the long axis, the first entry is substantially axially orthogonal to the long axis, and the second entry is substantially axially parallel to the long axis. Note fig. 2 above and paragraph [0046].
Regarding claims 3-4, Eifler et al. teaches wherein the main body and/or the elevated section are formed as a substantially non-human anatomy. Note fig. 2 above and paragraph [0046].
Claim(s) 1-4 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Canbulat(US20130253264) herein after Canbulat.
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Regarding claim 1, Canbulat teaches A main body; and,
b) An elevated section physically contiguous with the main body, the elevated section having at least two flexible members, the at least two
flexible members defining a chamber, the chamber having a first entry at a first end of the chamber, a second entry at a second end of the chamber, and an upper opening between the at least two flexible members, the first entry, the second entry, and the upper opening all communicating. Note fig. 1 above and [0029] FIG. 1 illustrates, in a schematic perspective illustration, a device 10 which comprises a rear ring 12 and a front ring 14. The rear ring 12 forms a rear opening 20 and the front ring 14 forms a front opening 22. [0030] An intermediate part 16, embodied with an arc-shaped design, extends between the two rings 12, 14 as a component of the integral device 10. The device consisting of one part is made of silicone. This material is particularly skin-compatible, elastic and also slippery.
Regarding claim 2, Canbulat teaches wherein the main body has a long axis, the upper opening is substantially parallel with the long axis, the first entry is substantially axially orthogonal to the long axis, and the second entry is substantially axially parallel to the long axis. Note fig. 1 above and [0029]- [0030]. Also note intermediate part 16 and central opening extends along a longitudinal axis or length of the device and both entries (20,22) extend along an axis that is parallel and along an axis that is orthogonal to the longitudinal axis and therefore the 1st entry has a portion that extends at least substantially orthogonal to the long axis and the 2nd entry includes a portion that extends at least substantially along or parallel to the longitudinal axis.
Regarding claims 3-4, Canbulat teaches wherein the main body and/or the elevated section are formed as a substantially non-human anatomy. Note fig. 1 above and [0029]- [0030].
Regarding claim 7, Canbulat teaches a vibration device which can cause the main body and/or the elevated section and/or the flexible members to vibrate. Note fig. 1 above and [0029]- [0037]. [0031] As can be identified both in FIG. 1 and in the cross-sectional view along the cut A-A in FIG. 2, a vibration unit 18 is, as an integral component, situated within the device 10 in the region of the rear ring 12 in the upper part thereof. The vibration unit is connected to a battery box 36 through a small opening 40 via a cable 34, in which battery box there is a battery (not illustrated) for operating the vibration unit 18. A switching unit 38 of the battery box 36 can be used to switch the vibration unit 18 on and off, and the vibration strength can also be set by the switching element 38. [0032] Additionally, it is also possible to use within the device 10 a vibration unit with an integrated battery. In this case, it is possible to dispense with the cable 34 because said cable is often perceived to be bothersome. The vibration unit is operated wirelessly by means of a remote control.
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(s) 5,6, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Canbulat(US20130253264) herein after Canbulat in view of Squicciarini(US20080065187) hereinafter Squicciarini.
Canbulat teaches the claimed invention as set forth above including incorporating a vibration device.
Canbulat does not specifically teach incorporating other devices such as sensors, heating or cooling devices, or liquid dispensers.
Squicciarini teaches in the same field of endeavor a male prosthetic device which transmits tactile sensations through a stimulation material to the surface of the penis. The device includes a prosthesis with an outer surface and in inner chamber, a microprocessor, one or more sensors and one or more stimulation materials. Note fig. 1 and paragraphs [0022] – [0029].
Regarding claim 5, Canbulat does not specifically teach one or more sensors integrated into the device which can detect the proximity of and/or pressure from a human user in proximity to or in
contact with the physical stimulation device.
Squicciarini teaches a variety of sensors that may be mounted on the device including pressure sensors. Note fig. 1 and paragraphs [0022] – [0029].
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Canbulat pressure sensors as taught by Squicciarini to enhance sexual activity for the user(s).
Regarding claim 6, Canbulat does not specifically teach temperature shifting device which can heat and/or cool the physical stimulation device.
Squicciarini teaches a variety of sensors that may be mounted on the device including temperature sensors as well as heating elements. Note fig. 1 and paragraphs [0022] – [0029].
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Canbulat heating elements as taught by Squicciarini to enhance sexual activity for the user(s).
Regarding claim 8, Canbulat does not specifically teach a liquid dispensing device which can dispense one or more liquids into the chamber and/or onto the surface of the physical stimulation device.
Squicciarini teaches in paragraph [0031], fluid reservoirs(122,124) can contain lubricant, drugs, hormones, semen, or any type of fluid to be delivered to a bodily cavity, such as the vagina. For example, in one embodiment fluid reservoir 124 is a fluid bladder containing a fluid which can be heated with heating element 126 to deliver the fluid at, near, or above body temperatures through a port 128 to the vagina. Note fig. 1 and paragraphs [0022] – [0031].
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Canbulat fluid reservoirs as taught by Squicciarini to enhance sexual activity for the user(s).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Canbulat(US20130253264) herein after Canbulat in view of Osterberg (US 20100043803) hereinafter Osterberg.
Canbulat teaches the claimed invention as set forth above including incorporating a vibration device.
Canbulat does not specifically teach incorporating other devices such as an audio device.
Osterberg teaches in the same field of endeavor [0004] A male or female condom may include a device that may transmit a signal to a device remote from the condom. The remote device may be most any device capable of receiving a signal. For example, the remote device may be a light and/or sound generating and/or emitting device, a scent emitting device, or another device designed to stimulate the senses and enhance the experience of sexual intercourse. [0026]: The condom accessory 36 may include, for example, a vibration (or oscillation) device, a light and/or sound device, a lubricating fluid/gel or scented fluid/gel holder/dispenser, a pillow, a solid device, or a pad and any combination thereof. One or more than one condom accessory 36 may be used on the condom, depending on the model and/or the needs of the user.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Canbulat an audio device as taught by Osterberg to stimulate the senses and enhance the experience of sexual intercourse for the user(s).
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Canbulat(US20130253264) herein after Canbulat in view of Uson (US 20090069629) hereinafter Uson.
Canbulat teaches the claimed invention as set forth above including incorporating a vibration device.
Canbulat does not specifically teach incorporating other features such as an additional protrusion or texturing.
Uson teaches in the same field of endeavor an external penile prosthesis or device which is designed to stimulate a couple's sexual pleasure during vaginal intercourse. The inventive device has been designed ergonomically on anatomical/physiological bases that are related to the erogenous zones of the male and female genitals. The device including ,as seen in figures 1-5, A) The head, B) The rings; (1) the proximal ring, (2) the central ring, (3) the distal ring, and C) The posterior appendage. [0024] In these drawings it is possible to appreciate the location and design of each and every one of the said components making up the device, as well as their interrelation, so that it is easier to achieve the intended aim during vaginal intercourse. Note C) the posterior appendage shaped like an "upturned spoon", attached to the rear face of the lower arch of the proximal ring and finishing at the other end in a semi-spherical part that projects upwards to gently and repeatedly tap the user's perianal and perineal skin during vaginal intercourse. [0025] FIG. 5. This consists of two elevation drawings, showing A) a side perspective of the new sexual pleasure stimulation device. Note the upper profile of the dorsal face of the head bulging in the shape of a duck's bill forming a "humpback element" or projection in its proximal third.
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Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Canbulat additional protrusions portion C to contact the perianal and perineal skin and the “humpback” portion or projection as taught by Uson to stimulate the user's perianal and perineal skin during vaginal intercourse and enhance the experience of sexual intercourse for the user(s).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Canbulat(US20130253264) herein after Canbulat in view of Talbot (CA 2659589) hereinafter Talbot.
Canbulat teaches the claimed invention as set forth above including incorporating a vibration device.
Canbulat does not specifically teach incorporating texturing on the exterior of the device.
Talbot teaches in the same field of endeavor A sexual stimulation device comprises a casing (2) in which is contained a vibrator unit and connection means in the form of gripping limbs (6, 7) for holding the device to the penis. The connection means extend about the penis in a connection place (P) and a longitudinal axis (c) of the casing (2) is inclined to the connection plane (P) whereby, in use, the casing (2) extends along and away from the penis. Ridges 11 protrude from the casing 2 and are arranged in a series of swirls, each ridge 11 looping back on itself, and many of the ridges 11 emanating from the button 3. The layout of the ridges 11 is aesthetically appealing and helps to stimulate the clitoris.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Canbulat additional texturing as taught by Talbot to stimulate the clitoris during vaginal intercourse and enhance the experience of sexual intercourse for the user(s).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith(US 11337846) teaches An elongated sleeve for use by men suffering erectile disfunction is described that includes a first open end for leaving the penis head and base of the penis body exposed to tactile stimulation. The invention teaches penile support braces which prop up a semi-erect penis during intercourse.
FENG(CN 1097974) teaches a vagina for female contraception device, which is made of flexible material, wherein the upper part is a closed bottom which can cover the whole bottom extending downwards on the cervix, forming capsule cavity shape of the vagina expanding area of the capsule wall is fitted, lower end of the bladder wall smooth transition connection with the bladder, bladder wall, bottom caecus is not completely sealed, the invention not only can function as a safe effective contraception, and it is convenient to use, the invention further lower sections of different sexual desire and male sexual physiological characteristics designed on the vagina, is especially good sensing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor 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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/BRIAN L CASLER/Primary Examiner, Art Unit 3791