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 27 March 2026, is acknowledged. Claims 1, 2, 4, 14-16, 18, and 19 are acknowledged. Claims 9-11 are cancelled. Claims 21-23 are new.
Claims 1-8 and 12-23 are pending in the instant application.
Response to Arguments
Applicant’s arguments, filed 27 March 2026, with respect to the objection to claim 4, the 35 USC 112(b) rejections of claims 9-11, 15, 16, 18 and 19, the 35 USC 102 rejection of claim 1, and the 35 USC 103 rejections of claims 2-13 have been fully considered and are persuasive in light of the amendments. The objection to claim 4, the 35 USC 112(b) rejections of claims 9-11, 15, 16, 18 and 19, the 35 USC 102 rejection of claim 1, and the 35 USC 103 rejections of claims 2-13 have been withdrawn.
Claim Objections
Claim 14 is objected to because of the following informalities:
Claim 14, lines 11-13 recites “and the transmission structure including a screw rod disposed in the second hollow tube to be operatively coupled to the driven assembly;” but Examiner suggests --and the transmission structure further including a screw rod disposed in the second hollow tube, the screw rod operatively coupled to the driven assembly;-- to provide additional clarity as to whether the limitation is referring the transmission structure or screw rod.
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 4-5 and 23 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 4 recites the limitations "the transmission structure further comprises: an active wheel… a driven wheel…" in lines 2-6, but does not clarify if the active wheel and the driven wheel are components of the active assembly and driven assembly of claim 1. As written, the claim can be interpreted as the transmission structure comprising all four components. Examiner suggests:
-- 4. The sexual stimulation adult massager as claimed in claim 2, wherein the active assembly comprises an active wheel operatively connected to the motor rotating shaft of the motor; and
the driven assembly comprises a driven wheel operatively connected to the active wheel through a transmission part and set in parallel to the active wheel,
wherein the screw rods operatively connected to the driven wheels rotates by operation of the active wheel. --
Claim 5 inherits the same deficiency.
Claim 23 recites the limitation "the transmission part" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claim 1-3, 6-8 and 12-22 are allowed.
Claims 4, 5 and 23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: Regarding claims 1 and 14, the claims recite an adult massager comprising a housing comprising a first and second hollow tube. The massager further comprises a transmission structure provided inside the hollow housing and configured to be operatively driven by a motor assembly, the transmission structure including an active assembly provided in the first hollow tube and a driven assembly provided in the second hollow tube, the active assembly being adapted to couple to the motor assembly disposed in the first hollow tube, the driven assembly being adapted to couple to the active assembly, the transmission structure including a screw rod disposed in the second hollow tube to be operatively coupled to the driven assembly, and the screw rod coupled to a sliding assembly.
Welle (WO 2012152297 A1) discloses a massaging device with the rotary drive unit external to the hollow tube, but it would not been obvious to modify with the transmission structure of the instant application. Chen (US 20030093016 A1) discloses a massager that rotates and extends, but the transmission structure is located only in the first tube. Sloan (US 20220323292 A1) discloses a first and second tube (Second tube would contain the gripper and first tube is a square tube with the mechanical portion), but only the first tube comprises the drive mechanism, including the screw rod. Wang (CN 109276425 A) discloses a massage device with the motor external to the housing comprising a screw rod, but does not disclose the structure of the tubes. It also would not have been obvious to modify Welle, Chen or Sloan with Wang due to the structure of Welle, Chen and Sloan.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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.
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 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
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