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
Claims 19 and 20 are objected to because of the following informalities:
In claim 19, last line: there should apparently be a comma following “hollow shaft.”
In claim 20: “cooling temperature filler” should apparently read --a cooling temperature filler--.
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 17 and 18 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 17 recites the limitation “a distal end of the shaft.” It is not clear if this is intended to refer to the same distal end of the shaft recited in line 7 of claim 11 or to a separate end. If the former is intended, the limitation should read --the distal end of the shaft--.
Claim 18 is rejected by virtue of its dependence upon claim 17.
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, 2, 4-16, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tracanna (U.S. Pub. No. 2005/0004429 A1).
Regarding claim 1, Tracanna discloses a sexual aid apparatus configured to provide a chilling or heating effect during use (Abstract; Figs. 1-7), comprising: a hollow, longitudinal shaft 102/108 comprising a housing compartment configured to contain a temperature filler 104; a head portion 106/204 located at a distal end of the shaft; and an end portion located at a proximal end of the shaft, wherein the end portion further comprises an opening configured to receive the temperature filler into the housing compartment and a cap member 202 configured to seal the opening after the temperature filler is loaded in the housing compartment ([0017]; [0021]-[0023]).
Regarding claim 2, Tracanna discloses that the housing compartment further includes an insulated wall ([0004]; [0018]).
Regarding claim 4, Tracanna discloses a holder 702 attached to the end portion ([0031]).
Regarding claim 5, Tracanna discloses a vibrating device 604 configured to cause the apparatus to vibrate during use ([0029]).
Regarding claim 6, Tracanna discloses that the temperature filler comprises a freeze gel ([0017]).
Regarding claim 7, Tracanna discloses that the freeze gel comprises any one of a gelatin gel, an agar hydrogel, a polyvinyl alcohol gel, a carboxymethyl cellulose gel, or combinations thereof ([0017]).
Regarding claim 8, Tracanna discloses that the temperature filler comprises a medical-grade ice pack (the temperature filler is not positively recited as part of the claimed apparatus; Tracanna’s device is taken to be able to contain such an ice pack).
Regarding claim 9, Tracanna discloses that the housing compartment is cylindrical in shape (Figs. 1-7; [0017]).
Regarding claim 10, Tracanna discloses that the housing compartment is the same length as the shaft (Fig. 2).
Regarding claim 11, Tracanna discloses a sexual aid apparatus configured to assist in dilation (Abstract; Figs. 1-7), comprising: a temperature filler 104; a hollow shaft 102/108 having an outer wall comprised of a hypoallergenic material and an inner wall defining a housing compartment; an opening to the housing compartment; a cap member 202 configured to seal the opening; and a head portion 106/204 located at a distal end of the shaft; wherein the temperature filler is contained within the housing compartment ([0017]-[0018]; [0021]-[0023]; many of the materials taught in paragraph 0018 are known to be hypoallergenic).
Regarding claim 12, Tracanna discloses that the inner wall is comprised of an insulating material ([0004]; [0018]).
Regarding claim 13, Tracanna discloses that the shaft and the head portion are fabricated as one piece ([0017]; [0022]).
Regarding claim 14, Tracanna discloses that the shaft comprises a plurality of ridges 502 ([0028]).
Regarding claim 15, Tracanna discloses that the apparatus contains a plurality of housing compartments each containing a temperature filler ([0024]-[0027]).
Regarding claim 16, Tracanna discloses that the opening is located at a proximal end of the shaft (Figs. 1, 2; [0022]).
Regarding claim 19, Tracanna discloses a method of providing a chilling or heating sensation in a bodily orifice of a user (Abstract), comprising receiving a sexual aid apparatus 100/200; loading a temperature filler 104 into a housing compartment located in a hollow shaft 102/108; placing a cap member 202 over an opening to the housing compartment thereby securing the temperature filler in the housing compartment ([0017]; [0021]-[0023]); and inserting a head portion 106/204, located at a distal end of the hollow shaft into a vaginal cavity ([0001]-[0003]; [0019]).
Regarding claim 20, Tracanna discloses that the temperature filler is cooling temperature filler ([0017]).
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nan (U.S. Pub. No. 2006/0287616 A1).
Regarding claim 1, Nan discloses a sexual aid apparatus configured to provide a chilling or heating effect during use (Abstract; Figs. 1-6, 9; [0027]), comprising: a hollow, longitudinal shaft 16 comprising a housing compartment configured to contain a temperature filler 78; a head portion 14 located at a distal end of the shaft; and an end portion located at a proximal end of the shaft, wherein the end portion further comprises an opening configured to receive the temperature filler into the housing compartment and a cap member 36 configured to seal the opening after the temperature filler is loaded in the housing compartment ([0023]; [0028]).
Regarding claim 3, Nan discloses that the head portion is hollow and includes a second housing compartment (Figs. 2, 5, 6; [0026]).
Claims 11, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (U.S. Pub. No. 2020/0113360 A1).
Regarding claim 11, Kim discloses a sexual aid apparatus configured to assist in dilation (Abstract; Figs. 151-159), comprising: a temperature filler 102 ([0197]); a hollow shaft 306/603 having an outer wall comprised of a hypoallergenic material and an inner wall defining a housing compartment ([0352]; [0357]; materials taught in paragraphs 0194 and 0362 are known to be hypoallergenic); an opening to the housing compartment; a cap member 301/601 configured to seal the opening; and a head portion 301/601 located at a distal end of the shaft; wherein the temperature filler is contained within the housing compartment ([0352]; [0357]-[0358]; [0366]).
Regarding claims 17 and 18, Kim discloses that the opening is located at a distal end of the shaft, wherein the head portion includes the cap member ([0352]; [0357]-[0358]; [0366]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pub. Nos. 2025/0375346 A1, 2018/0021213 A1, and 2007/0106109 A1, as well as U.S. Nos. 6,599,236 B1 and 6,280,403 B1, each teach hollow sexual aids that may receive a hot or cold substance.
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