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. Election/Restrictions Applicant’s election without traverse of Group I, claims 1 and 2, in the reply filed on 09 February 2026 is acknowledged. Specification 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 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 appl icant regards as his invention. Claims 1 and 2 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 “ ejaculation and/or orgasm that treats the ailment by facilitating ejaculation and/or orgasm, releasing endorphins, oxytocin, serotonin, and dopamine, and reducing cortisol levels, facilitating sexual activity, or any combination thereof. ” The phrasing of this limitation makes it unclear which elements are intended to be recited in the alternative or which must be included. For example, the use of “and” in “ and dopamine ” and “ and reducing cortisol levels ” is particularly confusing. Is this limitation intending to recite that the ejaculation / orgasm treats the ailment by at least one of (1) facilitating ejaculation and/or orgasm, (2) releasing endorphins, oxytocin, serotonin, and dopamine, (3) reducing cortisol levels, or (4) facilitating sexual activity ? Or does it mean treating the ailment by (1) facilitating ejaculation and/or orgasm, (2) releasing endorphins, oxytocin, serotonin, and dopamine, and at least one of (3) reducing cortisol levels or facilitating sexual activity ? Further, must all of endorphins, oxytocin, serotonin, and dopamine be released, or is only at least one intended to be claimed? Claim 2 is rejected by virtue of its dependence upon claim 1. 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 and 2 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Fischer (U.S. No. 5,439,007) . Regarding claim 1, Fischer discloses a method of treating an ailment in a patient (Abstract) , the method comprising: a. wearing a penile constriction device 12 to promote sexual intercourse, masturbation, or both; b. maintaining an erection; and c. engaging in sexual intercourse, masturbation, or both with the worn penile constriction device, wherein engaging in sexual intercourse, masturbation, or both with the worn penile constriction device results in ejaculation and/or orgasm that treats the ailment by facilitating ejaculation and/or orgasm, releasing endorphins, oxytocin, serotonin, and dopamine, and reducing cortisol levels, facilitating sexual activity, or any combination thereof (Figs. 3-6; col. 1, lines 50-52; col. 3, lines 30- 54 ; col. 4, lines 39-56; col. 6, lines 14-18; col. 6, lines 45-54 ) . Regarding claim 2, Fischer discloses that the ailment comprises anxiety, depression, post-traumatic stress disorder, low self-esteem, seasonal affective disorder (SAD), low testosterone, stress, ED, prostate cancer, hypertension, coronary artery disease, diabetes, heart disease, high blood pressure, low blood pressure, coronary artery disease (CAD), COPD, hypertension, headache, migraines, obesity, or any combination thereof (col. 1, lines 6-41) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT THADDEUS B COX whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5132 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 9am-6pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Jason M. Sims can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-7540 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THADDEUS B COX/ Primary Examiner, Art Unit 3791