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 .
Claim Objections
Claim 3 is objected to because of the following informalities: in line 1, “claims 2” should apparently read --claim 2--. 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.
Claim 9 is 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 9 recites the limitation "the application" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gauntlett (U.S. No. 5,458,559).
Regarding claim 1, Gauntlett discloses an inflatable single-use sexual aid device for stimulating male genitalia and collecting semen (Abstract; col. 2, lines 49-51), prior to inflation the sexual aid device comprising: an inner chamber 12, an elongated extension 8/14 extending from the inner chamber; and an inflation passage 2 extending from the inner chamber and opposite the elongated extension, where the inflation passage is in fluid communication with the inner chamber (col. 1, line 60 – col. 2, line 28).
Regarding claim 2, Gauntlett discloses that the elongated extension is arranged to be inserted into the inner chamber prior to inflation of the sexual aid device (col. 2, lines 9-16).
Regarding claim 3, Gauntlett discloses that wherein upon inflation: the inner chamber inflates and the elongated extension inserted into the inner chamber forms a passageway 14 internal to the inner chamber (Fig. 2).
Regarding claim 4, Gauntlett discloses that the passageway is not in fluid communication with the inner chamber (Fig. 2).
Regarding claim 5, Gauntlett discloses that the inner chamber is inflated by passing air or other gases through the inflation passage and into the inner chamber (while Gauntlett teaches the use of warm water, it also teaches “another suitable fluid”; the inner chamber of Gauntlett is capable of being inflated by air or other gases).
Regarding claims 6 and 7, Gauntlett discloses that the inflation passage is arranged to be sealed once the sexual aid device is inflated and that once the inflation passage is sealed, the inflation passage is arranged to be unsealed to deflate the sexual aid device (col. 1, lines 62-66; col. 2, lines 37-40).
Regarding claim 8, Gauntlett discloses that the inflation passage is arranged to be sealed by tying off the inflation passage and is arranged to be deflated by snipping the inflation passage below the location that the inflation passage is tied off (while Gauntlett teaches the use of a stopper, the inflation passage is made of rubber or elastomeric plastic and would be able to be sealed by tying, as well as able to be snipped for deflation).
Regarding claim 9, Gauntlett discloses that the inflation passage is arranged to be sealed by the application of a clip and is arranged to be deflated by removal of the clip (again, while Gauntlett teaches the use of a stopper, the inflation passage is made of rubber or elastomeric plastic and would be able to be sealed with a clip and deflated with removal of the clip).
Regarding claims 10-12, Gauntlett discloses that the passageway includes a series of features, wherein the series of features include (i) a plurality of protrusions and a plurality of recessions or (ii) a plurality of undulations that form ribs (Fig. 2; col. 2, lines 3-4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yap (U.S. No. 6,113,522) discloses a similar inflatable device for stimulating male genitalia and collecting sperm.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791