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 .
Specification
The disclosure is objected to because of the following informalities: Applicant is requested to amend the first paragraph of the specification to indicate that parent application 17/087,652 has issued as U.S. Patent No. 11,134,041.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which Applicant may become aware in the specification.
Claim Objections
Claims 6 and 16 are objected to because of the following informalities:
In claim 6, line 1: “plurality of modes” should apparently read --plurality of different modes--.
In claim 6, there should only be one period at the end of the claim.
In claim 16, there should only be one period at the end of the claim.
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 1-18 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 1 recites the limitation “at least one processor to execute said instructions resulting in a software application” in line 4. It is not clear what is meant by “resulting in” in this limitation; for example, does this mean that the execution of the instructions is somehow creating a software application, or is it merely operating/accessing such an application?
Claim 3 recites the limitations “at least one interactive interface” and “an interactive result” in line 2. It is not clear if these are intended to refer to the same at least one interactive interface and interactive result recited by claim 1 or to be separate interface(s) and result.
Claim 4 recites the limitations “at least one interactive interface” in line 4 and “an interactive result” in line 5. It is not clear if these are intended to refer to the same at least one interactive interface and interactive result recited by claim 1 or to be separate interface(s) and result.
Claim 6 recites the limitations "the moving member” and “the camera module” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 contains the trademarks/trade names Wi-Fi and Bluetooth. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe certain wireless protocols and, accordingly, the identification/description is indefinite.
Claim 9 recites the limitation "said model device" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-10 are rejected by virtue of their dependence upon claim 1.
Claim 11 recites the limitation “said user device” in line 13 (and again in line 14). There is insufficient antecedent basis for this limitation in the claim, as the claim previously recites “one or more user devices,” so it is not clear which of these potentially multiple device is being referred to.
Claim 12 also recites the limitation “said user device” in line 3. While there is antecedent basis for this instance, it may need to be amended in kind with claim 11.
Claim 15 recites the limitations "the moving member” and “the camera module” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitations "the finger guessing game," “the dice game,” and “the lottery game” in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation “the user device” in line 3. While there is antecedent basis for this instance, it may need to be amended in kind with claims 11 and 12.
Claims 12-18 are rejected by virtue of their dependence upon claim 11.
Claim 20 recites the limitations “at least one interactive interface” and “an interactive result” in lines 2-3. It is not clear if these are intended to refer to the same at least one interactive interface and interactive result recited by claim 19 or to be separate interface(s) and result.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5, 11, 14, 16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the 2019 Lovense System (terminology adopted from case PGR2022-00050 before the PTAB, regarding Patent No. 11,134,041, which claims have now been canceled; includes the combination of Lovense products described in a 2019 Youtube video and various screenshots of Lovense webpages/user manuals; these references are amply demonstrated in this case and in the Third-Party Submissions of 17 January 2024 and 27 December 2024 in the present application; hereinafter known as “Lovense”).
Regarding claim 1, Lovense discloses a system for providing online communication, comprising: an operable adult toy configured to receive signals; a memory having stored thereon instructions; at least one processor to execute said instructions resulting in a software application; said software application configured to: define input parameters; receive an input from one or more users; and providing at least one interactive interface, outputting randomly an interactive result according to the at least one interactive interface, receiving the interactive result and controlling said adult toy to actuate according to the interactive result (this claim is identical to claim 1 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB).
Regarding claim 5, Lovense discloses that the interactive interface provides a selected one online game from the group of a finger guessing game, a dice game and a lottery game, the interactive result is randomly generated from a plurality of predefined results according to said online game, said adult toy comprises a plurality of different modes corresponding to the plurality of predefined results (this claim is identical to claim 4 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB).
Regarding claim 11, Lovense discloses a system for providing online communication, comprising: one or more user devices and a model device in connection with a network; each of said one or more user devices and said model device having a web browser thereon for accessing a website, said website providing an online chat room; an adult toy in communication with said model device; said web browser comprising a software application, said software application configured to: define input parameters, wherein said input parameters comprise one or more ranges of input value; receive an input from one or more users, wherein said input comprises virtual currency; determine whether said input falls within said one or more ranges; and if said input falls within said input parameters, providing an interactive command to at least one of said model device and said user device, the at least one of said model device and said user device configured to provide an interactive interface according to the interactive command, outputting randomly an interactive result according to the interactive interface, receive the interactive result from the interactive interface and control said adult toy according to the interactive result (this claim is identical to claim 11 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB).
Regarding claim 14, Lovense discloses that the interactive interface provides a selected one online game from the group of a finger guessing game, a dice game and a lottery game, the interactive result is randomly generated from a plurality of predefined results according to said online game, said adult toy comprises a plurality of different modes corresponding to the plurality of predefined results (this claim is identical to claim 14 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB).
Regarding claim 16, Lovense discloses that said input parameters comprise a first range of input value, a second range of input value, and a third range of input value, the input value of the second range is greater than the input value of the first range and less than the input value of the third range, if said input falls within said input parameters of the first range, the at least one interactive interface provides a first online game from the group of the finger guessing game, the dice game and the lottery game; if said input falls within said input parameters of the second range, the at least one interactive interface provides a second online game from the group of the finger guessing game, the dice game and the lottery game; if said input falls within said input parameters of the third range, the at least one interactive interface provides a third online game from the group of the finger guessing game, the dice game and the lottery game; and in each range of input value, the plurality of predefined results comprises a plurality of different prizes respectively, and a probability to win a bigger prize from the plurality of different prizes is improved with increase of said input (this claim is identical to claims 16+17 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB).
Regarding claim 19, Lovense discloses a computer based method for providing adult entertainment online, comprising the steps of: defining input parameters, wherein said input parameters comprise one or more ranges of input value; activating an adult toy in communication with a model device; starting a chat session with one or more users and a model via a website; receiving an input from said one or more users, wherein said input comprises virtual currency; determining whether said input falls within said input parameters; if said input falls within said input parameters, providing at least one interactive interface, outputting randomly an interactive result according to the at least one interactive interface, receiving the interactive result and controlling said adult toy to actuate according to the interactive result (this claim is identical to claim 20 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 2-4, 6-9, 12, 13, 15, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lovense as applied to claims 1, 5, 11, and 19 above, and further in view of Dills (U.S. Pub. No. 2015/0335520 A1).
Regarding claim 2, Lovense discloses the invention as claimed, see rejection supra, and further discloses that the adult toy further comprises a moving member configured to drive the adult toy to actuate, said software application is further configured to control actuation of the moving member (the adult toys taught by Lovense include the Nora and the Lush, both of which are controllable vibrators with motors; the vibration may be controlled through the software application based upon the amount of tipping or the interactive games). Lovense fails to expressly disclose that the adult toy includes a camera module. Dills discloses a similar adult toy (Abstract; Fig. 1) that includes a camera module 19 in order to provide close-up views during use of the adult toy and transmit this data ([0009]-[0011]; [0026]). 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 invention of Lovense with such a camera module, as taught by Dills, in order to provide close-up views during use of the adult toy and transmit this data. It is also noted that the limitation “and/or control the camera module to be switched on/off according to the input” is recited in the alternative; as the software application is configured to control actuation of the moving member, this limitation is not required. It is also noted that Dills teaches that functions and programming of the adult toy may be remotely-controlled, such as through an external source like an app, and thus would arguably teach this limitation.
Regarding claim 3, the combination of Lovense and Dills discloses the invention as claimed, see rejection supra, and Lovense further discloses that the software application is further configured to provide at least one interactive interface, output randomly an interactive result according to the at least one interactive interface, receive the interactive result and control actuation of the moving member according to the interactive result (same as claim 1; actuation of the moving member of the adult toys based upon the amount of tipping or the interactive games).
Regarding claim 4, the combination of Lovense and Dills discloses the invention as claimed, see rejection supra, and Lovense further discloses that said input parameters comprise one or more ranges of input value, said input comprises virtual currency, the software application is configured to determine whether said input falls within said one or more ranges; if said input falls within said input parameters, providing at least one interactive interface, outputting randomly an interactive result according to the at least one interactive interface, receiving the interactive result and controlling the moving member of said adult toy to actuate and/or controlling the camera module to be switched on/off according to the interactive result (corresponds to claim 2 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB; additional features of controlling the moving member of said adult toy to actuate, but as detailed, Lovense also teaches actuation of the moving member of the adult toys based upon the amount of tipping or the interactive games).
Regarding claim 6, the combination of Lovense and Dills discloses the invention as claimed, see rejection supra, and Lovense further discloses that the plurality of modes comprises a first mode of no actuating of the moving member and/or switching off the camera module, a second mode of actuating the moving member for a first time period at a first actuating speed and/or switching on the camera module during the first time period, and a third mode of actuating the moving member for a second time period at a second actuating speed and/or switching on the camera module during the second time period, the third mode is different from the second mode, wherein the plurality of modes further comprises a fourth mode of actuating the moving member for a third time period at the first actuating speed and/or switching on the camera module during the third time period and actuating the moving member for a fourth time period at the second actuating speed and/or switching on the camera module during the fourth time period (corresponds to claim 5 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB; additional features of actuating the moving member, but as detailed, Lovense also teaches actuation of the moving member of the adult toys based upon the amount of tipping or the interactive games).
Regarding claim 7, the combination of Lovense and Dills discloses the invention as claimed, see rejection supra, and Lovense further discloses that said input parameters comprise a first range of input value, a second range of input value, and a third range of input value, the input value of the second range is greater than the input value of the first range and less than the input value of the third range, if said input falls within said input parameters of the first range, the at least one interactive interface provides a first online game from the group of the finger guessing game, the dice game and the lottery game; if said input falls within said input parameters of the second range, the at least one interactive interface provides a second online game from the group of the finger guessing game, the dice game and the lottery game; if said input falls within said input parameters of the third range, the at least one interactive interface provides a third online game from the group of the finger guessing game, the dice game and the lottery game; and in each range of input value, the plurality of predefined results comprises a plurality of different prizes respectively, and a probability to win a bigger prize from the plurality of different prizes is improved with increase of said input (corresponds to claims 6+7 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB).
Regarding claim 8, the combination of Lovense and Dills discloses the invention as claimed, see rejection supra, and Lovense further discloses that said adult toy is Wi-Fi-enabled or Bluetooth-enabled, the system further comprises a model device having an application installed thereon, wherein said application is configured to send commands to said adult toy to control the moving member to actuate and/or control the camera module to be switched on/off (corresponds to claim 8 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB; additional feature of controlling the moving member, but as detailed, Lovense also teaches controlling of the moving member of the adult toys; Dills further teaches such control via an application).
Regarding claim 9, the combination of Lovense and Dills discloses the invention as claimed, see rejection supra, and Lovense further discloses that said model device is configured to provide the interactive interface, receive the interactive result from the interactive interface and control the moving member to actuate and/or control the camera module to be switched on/off according to the interactive result (corresponds to claim 9 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB; additional feature of controlling the moving member, but as detailed, Lovense also teaches controlling of the moving member of the adult toys; Dills further teaches such control via an application).
Regarding claim 12, Lovense discloses the invention as claimed, see rejection supra, and further discloses that the adult toy further comprises a moving member configured to drive the adult toy to actuate, the at least one of said model device and said user device is further configured to control actuation of the moving member according to the interactive command (the adult toys taught by Lovense include the Nora and the Lush, both of which are controllable vibrators with motors; the vibration may be controlled through the software application by the model or by a user based upon the amount of tipping or the interactive games). Lovense fails to expressly disclose that the adult toy includes a camera module. Dills discloses a similar adult toy (Abstract; Fig. 1) that includes a camera module 19 in order to provide close-up views during use of the adult toy and transmit this data ([0009]-[0011]; [0026]). 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 invention of Lovense with such a camera module, as taught by Dills, in order to provide close-up views during use of the adult toy and transmit this data. It is also noted that the limitation “and/or control the camera module to be switched on/off according to the interactive command” is recited in the alternative; as the model or user device is configured to control actuation of the moving member, this limitation is not required. It is also noted that Dills teaches that functions and programming of the adult toy may be remotely-controlled, such as through an external source like an app, and thus would arguably teach this limitation.
Regarding claim 13, the combination of Lovense and Dills discloses the invention as claimed, see rejection supra, and Lovense further discloses that if said input falls within said input parameters, said web browser provides the interactive command to the model device, said model device provides the interactive interface according to the interactive command and outputs randomly the interactive result according to the interactive interface, said web browser receives the interactive result from the interactive interface and controls the moving member to actuate and/or controls the camera module to be switched on/off according to the interactive result.
(corresponds to claim 12 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB; additional features of controlling the moving member of said adult toy to actuate, but as detailed, Lovense also teaches actuation of the moving member of the adult toys based upon the amount of tipping or the interactive games).
Regarding claim 15, the combination of Lovense and Dills discloses the invention as claimed, see rejection supra, and Lovense further discloses that the plurality of modes comprises a first mode of no actuating of the moving member and/or switching off the camera module, a second mode of actuating the moving member for a first time period at a first actuating speed and/or switching on the camera module during the first time period and a third mode of actuating the moving member for a second time period at a second actuating speed and/or switching on the camera module during the first time period, the third mode is different from the second mode, wherein the plurality of modes further comprises a fourth mode of actuating the moving member for a third time period at the first actuating speed and/or switching on the camera module during the first time period and actuating the moving member for a fourth time period at the second actuating speed and/or switching on the camera module during the first time period (corresponds to claim 15 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB; additional features of actuating the moving member, but as detailed, Lovense also teaches actuation of the moving member of the adult toys based upon the amount of tipping or the interactive games).
Regarding claim 18, the combination of Lovense and Dills discloses the invention as claimed, see rejection supra, and Lovense further discloses that said model device is also configured to provide a remote control request to the user device such that the user device provides a remote control signal to control the moving member to actuate and/or to switch on/off the camera module via said model device (corresponds to claim 19 of U.S. Patent No. 11,134,041 as issued, which was determined to be anticipated by Lovense by the PTAB; additional feature of controlling the moving member, but as detailed, Lovense also teaches controlling of the moving member of the adult toys; Dills further teaches such control via an application).
Regarding claim 20, Lovense discloses the invention as claimed, see rejection supra, and further discloses that the adult toy further comprises a moving member configured to drive the adult toy to actuate, and providing at least one interactive interface, outputting randomly an interactive result according to the at least one interactive interface, receiving the interactive result and controlling the moving member to actuate according to the interactive result (the adult toys taught by Lovense include the Nora and the Lush, both of which are controllable vibrators with motors; the vibration may be controlled through the software application by the model or by a user based upon the amount of tipping or the interactive games). Lovense fails to expressly disclose that the adult toy includes a camera module. Dills discloses a similar adult toy (Abstract; Fig. 1) that includes a camera module 19 in order to provide close-up views during use of the adult toy and transmit this data ([0009]-[0011]; [0026]). 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 invention of Lovense with such a camera module, as taught by Dills, in order to provide close-up views during use of the adult toy and transmit this data. It is also noted that the limitation “and/or control the camera module to be switched on/off according to the interactive command” is recited in the alternative; as the model or user device is configured to control actuation of the moving member, this limitation is not required. It is also noted that Dills teaches that functions and programming of the adult toy may be remotely-controlled, such as through an external source like an app, and thus would arguably teach this limitation.
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lovense and Dills as applied to claims 2 and 12 above, and further in view of Olivares et al. (U.S. No. 9,762,515 B1; cited in the IDS filed 28 April 2023 and in the Third-Party Submission of 27 December 2024; hereinafter known as “Olivares”).
Regarding claim 10, the combination of Lovense and Dills discloses the invention as claimed, see rejection supra, but fails to disclose that said software application comprises a link generator for generating a live control link according to the interactive result, said live control link configured to be clicked so as to control the moving member to actuate and/or control the camera module to be switched on/off, further wherein said live control link comprises a unique Uniform Resource Locator (URL), said link generator is configured to invalidate previously generated live control link or to build a queue of multiple links. Olivares discloses a similar system (Abstract) wherein a software application comprises a link generator for generating a live control link according to an interactive result, said live control link configured to be clicked so as to control a moving member to actuate, and further wherein said live control link comprises a unique Uniform Resource Locator (URL), said link generator is configured to invalidate previously generated live control link or to build a queue of multiple links, in order to allow certain users to control the adult toy and allow users to take turns controlling the adult toy (col. 2, lines 11-20; col. 6, lines 26-45; col. 8, lines 20-36). 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 combination of Lovense and Dills with such a link generator for generating such a live control link, as taught by Olivares, in order to allow certain users to control the adult toy and allow users to take turns controlling the adult toy (it is additionally noted that this claim corresponds to claim 10 of U.S. Patent No. 11,134,041 as issued, which was determined to be obvious over Olivares and Lovense by the PTAB; additional feature of controlling the moving member, but as detailed, Lovense also teaches controlling the moving member of the adult toys based upon the amount of tipping or the interactive games).
Regarding claim 17, the combination of Lovense and Dills discloses the invention as claimed, see rejection supra, but fails to disclose that one of said model device and said website comprises a link generator for generating a live control link according to the interactive result, said live control link configured to be clicked so as to control the moving member to actuate and/or to switch on/off the camera module, further wherein said live control link comprises a unique Uniform Resource Locator (URL), said link generator is configured to invalidate previously generated live control link or to build a queue of multiple links. Olivares discloses a similar system (Abstract) wherein a software application accessible by a model device or website comprises a link generator for generating a live control link according to an interactive result, said live control link configured to be clicked so as to control a moving member to actuate, and further wherein said live control link comprises a unique Uniform Resource Locator (URL), said link generator is configured to invalidate previously generated live control link or to build a queue of multiple links, in order to allow certain users to control the adult toy and allow users to take turns controlling the adult toy (col. 2, lines 11-20; col. 6, lines 26-45; col. 8, lines 20-36). 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 combination of Lovense and Dills with such a link generator for generating such a live control link, as taught by Olivares, in order to allow certain users to control the adult toy and allow users to take turns controlling the adult toy (it is additionally noted that this claim corresponds to claim 18 of U.S. Patent No. 11,134,041 as issued, which was determined to be obvious over Olivares and Lovense by the PTAB; additional feature of controlling the moving member, but as detailed, Lovense also teaches controlling the moving member of the adult toys based upon the amount of tipping or the interactive games).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791