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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “34” has been used to designate both “a body contact ring” (see instant application specification as-filed at least [0044]) and “body-contact portion” (see instant application specification as-filed at least [0045]).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
“…While the use of a mouthpiece 52 is preferably, other manners of introducing positive or negative pressure in the variable pressure apparatus are also within the scope of the present invention…” in para.[0054] needs to be corrected. A suggested correction is -- While the use of a mouthpiece 52 is [[preferably]] preferable, other manners of introducing positive or negative pressure in the variable pressure apparatus are also within the scope of the present invention--.
The listing of references in the specification such as in para. [0003] is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper."
Appropriate correction is required.
Claim Objections
Following claims are objected to because of the following informalities:
Claim 10 “wherein the mouthpiece further comprises a ridge located near the first end to provide a barrier past which the hose attachment may not extend when attached to the mouthpiece” needs to be corrected. . A suggested correction is – wherein the mouthpiece further comprises a ridge located near the first end to provide a barrier past which the hose attachment [[may]] is configured to not extend [[when]] while attached to the mouthpiece —to [a] avoid optional limitation interpretation which would raise question as to whether the limitation proceeding “may” is even required or not required and [b] to avoid conditional limitation recitation which would raise question as to what occurs when the “when” term encompassing condition is not met.
Claim 13 “a hose clip, which the user may use to collapse the hose attachment of the suction tube to form a fully enclosed chamber within which constant pressure is maintained …” needs to be corrected. A suggested correction is -- a hose clipconfigured for the user [[may]] to use to collapse the hose attachment of the suction tube to form a fully enclosed chamber within which constant pressure is maintained…— to avoid optional limitation interpretation which would raise question as to whether the limitation proceeding “may” is even required or not required.
Claim 15 “a hose clip, which the user may use to collapse the hose attachment of the suction tube to form a fully enclosed chamber within which constant pressure is maintained..” needs to be corrected. A suggested correction is -- a hose clipconfigured for the user [[may]] to use to collapse the hose attachment of the suction tube to form a fully enclosed chamber within which constant pressure is maintained-- to avoid optional limitation interpretation which would raise question as to whether the limitation proceeding “may” is even required or not required.
Claim 1 lines 5-7 “the outer wall forming a cup that snugly surrounds the vibrating component such that vibration is transferred from the vibrating masturbatory device to the stimulation device” needs to be corrected. A suggested correction is – the outer wall forming a cup that snugly surrounds the vibrating component [[such]] in a manner that vibration is transferred from the vibrating masturbatory device to the stimulation device —to avoid intended result/functional limitation interpretation (see MPEP 2111.04) which would raise question as to whether the limitation proceeding “such that” is even required or not required.
Claim 14 lines 5-7 “the outer wall forming a cup that snugly surrounds the vibrating component such that vibration is transferred from the vibrating masturbatory device to the stimulation device” needs to be corrected. A suggested correction is – the outer wall forming a cup that snugly surrounds the vibrating component [[such]] in a manner that vibration is transferred from the vibrating masturbatory device to the stimulation device —to avoid intended result/functional limitation interpretation (see MPEP 2111.04) which would raise question as to whether the limitation proceeding “such that” is even required or not required.
Each of claims 2, 5, 6, 16, 17 recite “such that” and/or “so as to” encompassing limitations which need to be corrected. A suggested correction is replacing “such that” with --[[such]] in a manner that-- to avoid intended result/functional limitation interpretation (see MPEP 2111.04) which would raise question as to whether the limitation proceeding “such that” and ”so as to” is even required or not required. More particularly, amend claim 2 “wherein the outer wall of the cup-shaped body is tapered toward the opening so as to retain the vibrating masturbatory device therein during use such that the vibrating masturbatory device is slidably attachable to and removable from the cup-shaped body” to --wherein the outer wall of the cup-shaped body is tapered toward the opening [[so]] in a manner as to retain the vibrating masturbatory device therein during use [[such]] in a manner that the vibrating masturbatory device is slidably attachable to and removable from the cup-shaped body--. Similarly amend claim 5 to -- wherein the main body of the variable pressure apparatus further comprises a groove sized and arranged to receive the ridge of the extension portion [[such]] in a manner that the extension portion is removably retained by the main body while the stimulation device is in use--, claim 6 to --wherein the extension portion of each of the one or more air-passage conduits comprises a semi-rigid material [[such]] in a manner that the one or more air-passage conduits are slidably attachable to and removable from the main body--, claim 16 to --wherein the outer wall of the cup-shaped body comprises a thermoplastic elastomeric material and is tapered toward the opening [[so]] in a manner as to retain the vibrating masturbatory device therein during use [[such]] in a manner that the vibrating masturbatory device is slidably attachable to and removable from the cup-shaped body —and clam 17 to –wherein the extension portion of each of the one or more air-passage conduits comprises a semi-rigid material [[such]] in a manner that the one or more air-passage conduits are interchangeable and slidably attachable to and removable from the main body ---.
Claim 1 lines 18-19 “a second end open to the user to employ positive or negative pressure to the stimulation device” needs to be corrected. A suggested correction is --a second end open to the user to employ to deliver positive or negative pressure to the stimulation device--.
Claim 14 lines 25-26 “places the body-contact ring against the skin in the desired location” needs to be corrected. A suggested correction is --places the body-contact ring against the skin of the user in the desired location on the user--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claim 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 1 recites "the user’s body” in line 15 and “the user” in line 18. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites “the user’s mouth”. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites “the user” and “the user’s skin”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 in lines 10-12 recites “placing each of the suction tube, the tube-attachment conduit, and the one or more air-passage conduits in fluid communication” which renders this claim unclear. More specifically, it is unclear as to the whether each of the suction tube, the tube-attachment conduit, and the one or more air-passage conduits in placed in fluid communication with each other or some external fluid source or something else.
Claim 14 in lines 21-23 recites “placing each of the mouthpiece, the hose attachment, the tube-attachment conduit, and the one or more air-passage conduits in fluid communication” which renders this claim unclear. More specifically, it is unclear as to the whether each of the mouthpiece, the hose attachment, the tube-attachment conduit, and the one or more air-passage conduits in placed in fluid communication with each other or some external fluid source or something else.
Claim 14 in line 26-27 recites “the desired location” and “the chosen location”. There is insufficient antecedent basis for this limitation in the claim. Additionally, it is unclear as to whether claim 14 line 27 “the chosen location” is the same as, different than or in addition to that “the desired location” recited in claim 14 line 26 and if different in what way the two differ.
Claim 1 recites “placing each of the suction tube, the tube-attachment conduit, and the one or more air-passage conduits in fluid communication…the suction tube comprising a hose attachment comprising a first end removably connected to the tube-attachment conduit of the main body and a second end open to the user to employ positive or negative pressure to the stimulation device” which renders this claim unclear. More specifically, as recited in the absence of any “sealed fluid communication” among the variable pressure apparatus components i.e. suction tube, the tube-attachment conduit, the one or more air-passage conduits, and the host attachment, it is unclear as to how any positive or negative pressure can be applied by the user in the stimulation device at all. Examiner suggests amending claim 1 to further recite –wherein each of the suction tube, the second end of the suction tube, the tube-attachment conduit, the one or more air-passage conduits, and the host attachment are in a sealed fluid communication with each other in a manner that the positive or negative pressure the user creates at the second end of the suction tube is transferred through the device to the body-contact ring of the air-passage conduit, thereby stimulating the user—as supported and detailed in at least instant specification as-filed [0046] (see v[0046] “each part of the variable pressure apparatus 22 is in …sealed fluid communication, the positive or negative pressure the user creates at the mouthpiece end 44 of the suction tube 40 is transferred through the device to the body-contact ring 34 of the air-passage conduit 24, stimulating the erogenous zone”).
Claim 14 recites “placing each of the mouthpiece, the hose attachment, the tube-attachment conduit, and the one or more air-passage conduits in fluid communication… wherein a user … places the body-contact ring against the skin in the desired location, and uses the mouthpiece to variably apply positive and negative pressure … to the chosen location” which renders this claim unclear. More specifically, as recited in the absence of any “sealed fluid communication” among the variable pressure apparatus components i.e. suction tube, the mouthpiece, the hose attachment, the tube-attachment conduit, the one or more air-passage conduits, it is unclear as to how the user is even able to variably apply positive or negative pressure …to the chosen location in the first place. Examiner suggests amending claim 14 to further recite –wherein each of the suction tube, the mouthpiece, the tube-attachment conduit, the one or more air-passage conduits, and the host attachment are in a sealed fluid communication with each other in a manner that the positive or negative pressure the user creates at the mouthpiece of the suction tube is transferred through the device to the body-contact ring of the air-passage conduit, thereby aiding the application of positive and negative pressure to the user’s erogenous zones —as supported and detailed in at least instant specification as-filed [0046] (see v[0046] “each part of the variable pressure apparatus 22 is in …sealed fluid communication, the positive or negative pressure the user creates at the mouthpiece end 44 of the suction tube 40 is transferred through the device to the body-contact ring 34 of the air-passage conduit 24, stimulating the erogenous zone”).
Dependent claims 2-13 and 15-20 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 112(b) because the additional recited limitations fail to cure the 35 U.S.C. 112(b) issue in their respective base claims. Consequently, dependent claims -13 and 15-20 are also rejected under 35 U.S.C. 112(b) based on their direct/indirect dependency on their respective base claims.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification para [0003], [0020], [0066].
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.").
Contingently Allowable Subject-Matter
As per independent claims 1 and 14, independent claims 1 and 14 would be contingently allowable if rewritten or amended 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 in addition to overcoming any other rejections/objections enumerated above.
As per dependent claims 2-13 and 15-20, dependent claims 2-13 and 15-20 would be contingently allowable if rewritten or amended 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 by further including all of the limitations of the base claims and any intervening claims in addition to overcoming any other rejections/objections enumerated above.
As per dependent claims 2-13 and 15-20, dependent claims 2-13 and 15-20 each is being objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims in addition to overcoming any other rejections/objections enumerated above.
The following is a statement of reasons for the indication of allowable subject matter:
As per independent Claim 1, the prior art of record fails to disclose or render obvious a stimulation device, comprising: a cup-shaped body, a variable pressure apparatus, and a suction tube; … the variable pressure apparatus comprising a main body and one or more air-passage conduits, the main body comprising a hood forming a tube-attachment conduit removably connected to the suction tube and placing each of the suction tube, the tube-attachment conduit, and the one or more air-passage conduits in fluid communication… suction tube comprising a hose attachment comprising a first end removably connected to the tube-attachment conduit of the main body and a second end open to the user to employ positive or negative pressure to the stimulation device including all the other features, structures, specific arrangement and combination of features and structures in independent Claim 1.
As per independent Claim 14, the prior art of record fails to disclose or render obvious a stimulation device for combining vibration with variable application of positive and negative pressure to a user’s erogenous zones, comprising: a cup-shaped body … shaped to receive a vibrating component of a vibrating masturbatory device…a variable pressure apparatus comprising a main body and one or more air-passage conduits, the main body comprising a hood forming a tube-attachment conduit …a suction tube comprising a hose attachment and a mouthpiece… placing each of the mouthpiece, the hose attachment, the tube-attachment conduit, and the one or more air-passage conduits in fluid communication… wherein a user attaches the stimulation device to the vibrating masturbatory device, places the body-contact ring against the skin in the desired location, and uses the mouthpiece to variably apply positive and negative pressure as well as vibration including all the other features, structures, specific arrangement and combination of features and structures in independent Claim 14.
Prior art US 5693002 A to Tucker et al. discloses combined suction/pressure and vibration stimulation delivering appliance which includes a main body portion having an aperture adapted to receive the wearer's penis and a suction device associated with the main body portion and adapted to apply a suction force to a predetermined portion of the anatomy of the wearer's intercourse partner. The suction force may, for example, be applied to specifically to the clitoral area, or to essentially the entire external portion of the female reproductive organs (i.e. the mons veneris, labia majora and minora, clitoris, meatus urinarius and orifice of the vagina) during intercourse in order to provides enhanced stimulation during intercourse.
Prior art US 20160151236 A1 to Makower discloses combined suction/pressure and vibration stimulation delivering devices, systems, and methods that encourage clitoral engorgement using suction over the clitoris combined with vibratory stimulation. More specifically, Makower discloses apparatus for promoting sexual stimulation in a female user, including a body having an upper side portion and a lower side portion, the lower side portion including a chamber; a plurality of vibratory elements configured to provide spatially differentiated clitoral stimulation; and a controller associated with the body configured to vary pressure within the chamber with the chamber sized and shaped to present varying pressure to a clitoris of the female user to provide stimulation such that effective arousal is achieved and wherein circulating air can be used to provide stimulation.
Prior art US 20190343714 A1 to Gordon et al. discloses a combined suction/pressure and vibration stimulation delivering appliance/device for performing at least one of enhancing female sexual arousal, enhancing female sexual pleasure, and/or enhancing an ability to achieve or experience a more pleasurable orgasm for a female, the device including a user interface that is configured to set values for stimulus parameters; an acoustic unit that is configured to provide an acoustic stimulus at the perineum of the female; and at least one of: a suction unit that is configured to provide a suction stimulus to the perineum of the female, and a vibration unit that is configured to provide a vibration stimulus to the perineum by setting values for stimulus parameters; applying the acoustic stimulus at the perineum of the female; and applying at least one of the suction stimulus and the vibrational stimulus to the perineum of the female, wherein the stimuli are applied in the same session simultaneously.
Prior art US 20060116612 A1 to Drysdale discloses a suction/pressure sexual therapy device including a chamber, a negative pressure source coupled to the chamber, an airflow opening formed into the chamber and configured to allow airflow through the airflow opening and placement of a clitoris and an airflow regulator configured to be adjusted over the airflow opening to enable varying amounts of airflow through the chamber and past the clitoris.
Prior art US 20180125748 A1 to Goldenberg et al. discloses suction/pressure based stimulating device that includes a pump for evacuating a suction chamber when attaching the suction chamber to the female's tissue and a controller configured to self-regulate to turn on and off the pump to maintain a certain level of pressure. The controller is additionally or alternatively configured to activate the pump and to activate a feedback indicator distinct from the pump upon the sensor detecting a pressure value above ambient pressure whereby the feedback indicator advises the female as to the status of evacuation. The device can further additionally or alternatively include at least one sensor for measuring the temperature of the at least one stimulator in the vicinity of the stimulation and a controller electrically coupled to the at least one stimulator and the at least one sensor for controlling the at least one stimulator during a maximum power session.
However, patentable subject-matter as now explicitly, positively and specifically recited by the Applicants in independent device claims 1 and 14 has neither been disclosed nor is rendered obvious by the prior art of record.
Additionally, as per dependent claims 2-13 and 15-20, dependent claims 2-13 and 15-20 would be contingently allowable based on their direct/indirect dependency on contingently allowable respective base claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and/or the claims.
Prior art US 20090275796 A1 to Gil discloses sexual pneumatic/pressure stimulation devices similar to that disclosed. More specifically, Gil discloses device for providing sexual stimulation in a subject including a. an inflatable accessory; b. a pump comprising an inflator operably coupled to a tube; c. a tube having a proximal end and a distal end, wherein the distal end of the tube is operably coupled to said pump with the proximal end of the tube operably linked to the accessory, wherein upon actuating the pump the volume of the accessory, is increased.
Prior art US 20170027809 A1 to Lenke discloses a stimulation device for erogenous zones similar to that disclosed. More specifically, Lenke discloses a stimulation device for erogenous zones, in particular for the clitoris, wherein the stimulation device has the following: at least one pressure field generating arrangement with at least one first chamber and at least one second chamber having at least one opening for placing on a body part; at least one connection element that connects the first chamber to the second chamber; a drive unit that varies the volume of the first chamber such that a pressure field that serves for stimulation is generated via the connection element in the second chamber; a control device that activates the drive unit, and an appendage.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA REDDY whose telephone number is (571)270-5151. The examiner can normally be reached on M-Thu 10-4 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES A MARMOR II can be reached on (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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/SUNITA REDDY/Primary Examiner, Art Unit 3791