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 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. Claim s 7 -1 0 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 7 recites the limitation " The assembly of claim 1 further comprising a resealable pouch configured to releasably contain the assembly " in lines 1-2. With the assembly comprising the pouch, the pouch could not contain the assembly. Examiner suggests listing the components of claim 1 being contained in the pouch. Claim 8 recites the limitations “ a main body extending from a first end to a second end, the first end of the main body comprising a hook, and an arm pivotally connected to the first end of the main body ” in lines 3-5. It i s not possible for the arm to be pivotally connected to the first end and the first end comprising a hook. Claims 9 and 10 recite the limitation "the clip" in in line 1. There is insufficient antecedent basis for this limitation in the claims. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim s 1 , 2, 4 - 7 and 19 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. The Tenga Original Vacuum Cup is a single packaged disposable male masturbation device and has been publicly available since 4 March 2021. The Tenga Vacuum Cup comprises a n assembly (the full cup, wrapper, sleeve, etc.) comprising an elastic sleeve within a cup defining an inner cavity (see figure 1 below) , the elastic sleeve comprising an outer surface and inner surface (see figure 1 below) , the outer surface and inner surface extending from a distal end to a proximal end (see figure 1 below) , the distal end in a closed position and the proximal end defining an opening (see figure 1 below) ; a lubricant provided within the inner cavity of the elastic sleeve (the Tenga Cup comprises an internal lubricant ring and lubricant within the cavity, Page 6 ) ; and a sealing mechanism for providing a liquid seal that seals both the sleeve and the lubricant into a sealed assembly (the Tenga cup comprises an adhesive sticker, cap and wrapper to prevent the lubricant from leaking from the packaging, Page 5 ) . Regarding claim 2, the Tenga Cup further discloses a plurality of ribs are provided along the inner surface of the elastic sleeve (see figure 1 above ) . Regarding claim 4, the Tenga Cup further discloses the distal end of the elastic sleeve defines a sperm retaining chamber (see figure 1 above ) . Regarding claim 5, the Tenga Cup further discloses the elastic sleeve comprises an elastomer (The sleeve is made of t hermoplastic e lastomer (TPE) , Page 6 ) . Regarding claim 6, the Tenga Cup further discloses the lubricant comprises a water-based mixture (Page 6 ) . Regarding claim 7, the Tenga Cup further discloses a resealable pouch configured to releasably contain the assembly (Once used the cap is reattached for disposal, Page 6 ) . Regarding claim 19, the Tenga Cup further discloses a plurality of wavelets are provided along the inner surface of the elastic sleeve (see figure 1 above) . C laim 1 is rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. The limitations of claim 1 read on the common packaging of a condom, see Trojan (“ Ultra Thin Condoms”, 2021). A lubricated condom in its single package features the claimed sleeve, the lubricant and the sealed package as an assembly. Claim 20 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Howsam ( US 20140148740 A1 ). Regarding claim 20, Howsam discloses an assembly (Abstract, “adult toy”), comprising an elastic sleeve (Figures 3a-3d, Paragraph [0032]) defining an inner cavity (Figures 3a-3d) , the elastic sleeve comprising an outer surface and inner surface (Figures 3a-3d) , the outer surface and inner surface extending from a distal end to a proximal end (Figures 3a-3d) , the proximal end in an open position (Figures 3a-3d) ; and a lubricant pouch provided within the inner cavity of the elastic sleeve (Figure 4, “300” , Paragraphs [0041]-[0043]) ; wherein the lubricant pouch provides a liquid seal that seals a lubricant member into a sealed assembly within the inner cavity of the elastic sleeve Paragraphs [0041]-[0043]) . Claim Rejections - 35 USC § 103 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness . Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Tenga (“ Tenga Original Vacuum Cup”, 2022) in view of Screaming O (“ Jackits MANsturbation Sleeve ”, 2019). Regarding claim 3, Tenga does n o t disclose a rib is provided along the outer surface of the elastic sleeve. Screaming O discloses an analogous sleeve packaged in a sealed pouch wherein the sleeve comprises a rib along the outer surface (Page 1) . It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the assembly as taught by Tenga , with a rib along the outer surface of the elastic sleeve as taught by Screaming O , since such a modification would provide the predictable results of improving a user’s grip on the outer surface . Claim 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tenga (“ Tenga Original Vacuum Cup”, 2022) in view of Screaming O (“ Jackits MANsturbation Sleeve ”, 2019) and further in view of Velazquez ( US 20030036737 A1 ), as evidenced by Carolina (“ Dialysis Tubing Clamp ”, 2017). Regarding claim 8, Tenga disclosed the limitations of claim 1, Screaming O further teaches that of an analogous sleeve to that of Tenga , and is marketed and sold in a sealed pouch ( Screaming O , Page 1). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to package the lubricated sleeve of Tenga in the pouch of Screaming O, as this would be merely a swap of packaging styles. Tenga , as modified by Screaming O , does not teach a sealing mechanism for the pouch comprises a clip, the clip comprising a main body extending from a first end to a second end, the first end of the main body comprising a hook, and an arm pivotally connected to the first end of the main body, wherein the pivoting arm can be removably latched to the hook. Velazquez discloses a kit for sperm collection (Abstract), wherein a dialysis clip is used to seal the pouch in order to prevent leakage (Paragraph [0033]) . Velazquez does not disclose the form of the dialysis clip but Carolina evidences that a dialysis clip comprises a main body extending from a first end to a second end, the first end of the main body comprising a hook, and an arm pivotally connected to the first end of the main body, wherein the pivoting arm can be removably latched to the hook ( Carolina, Page 1) . As Tenga teaches resealing the packaging after use, and has been modified by Screaming O so that the packaging is a pouch, it would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the assembly as taught by modified Tenga , with using a dialysis clip to re-seal the pouch after use as taught by Velazquez , since such a modification would provide the predictable results of leak proof seal. Regarding claim 10, Carolina evidences the clip comprises a thermoplastic clip (P olypropylene , Page 1) . Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tenga (“ Tenga Original Vacuum Cup”, 2022) in view of Screaming O (“ Jackits MANsturbation Sleeve ”, 2019) and Velazquez ( US 20030036737 A1 ), as evidenced by Carolina (“ Dialysis Tubing Clamp ”, 2017) and further in view of Chen ( CN 103657418 A ). Regarding claim 9, Tenga , as modified in claim 8, does not disclose the clip comprises a metallic clip . Chen teaches dialysis clip (Abstract) that comprises a piece of metal, specifically iron, so that the clip can be held by a magnet (Figure 1, “13”) . It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the assembly as taught by modified Tenga , with a metallic clip as taught by Chen , since such a modification would provide the predictable results of allowing the clip and pouch to be held by a magnet for storage purposes. Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Trojan (“ Ultra Thin Condoms”, 2021) in view of Broad ( US 5829440 A ). Regarding claims 11 and 12, Trojan discloses the sealed edges that provide the liquid seal that seals both the sleeve and the lubricant into the sealed assembly (Trojan, Page 1), but does not disclose the sealed edges comprises an adhesive film, wherein the adhesive film is heat sealed and the adhesive film comprises a thermoplastic film . Broad discloses a package for a condom (Abstract), wherein the edges of the package comprise a thermoplastic (Figure 1, “26”) and the edges are heat sealed (Col 9, line 64 to Col 10, line 8). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the assembly as taught by Trojan , with sealing the edges with an adhesive film, wherein the adhesive film is heat sealed and the adhesive film comprises a thermoplastic film as taught by Broad , since such a modification would provide the predictable results of hermetically sealing the package (Col 11, lines 8-9). Claims 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Trojan (“ Ultra Thin Condoms”, 2021) in view of Radius (“ Small Tampon / Condom Case ” 2022). Regarding claims 13-18, Radius discloses a sealing mechanism compris ing a shell case (Page 1) , the shell case comprising a first component hingedly attached to a second component (Page 1), wherein the shell case comprises a thermoplastic (Page 1), further wherein the first component comprises a handle that allows the shell case to be moved from a closed position to an open position (Page 1, the lip on the latch can be considered a handle), the shell case further comprising at least one snap hook (Page 1, the latch) , the at least one snap hook enabling the first component to be removably connected to the second component (Page 1, the latch), the snap hook further comprising at least one press fit (Page 1, the small bump on the latch with the hole on the body) , the at least one press fit enabling the first component to be removably connected to the second component (Page 1, the small bump on the latch with the hole on the body) and the shell case comprising at least one ridge, the at least one ridge providing the liquid seal that seals both the sleeve and the lubricant into a sealed assembly (Page 1, the case comprises a lip that both sides engage to provide a seal) . Since Trojan discloses the assembly of claim 1 and the case of Radius is intended to hold the condom assembly, the addition of the condom assembly to the Radius case would read on the claims of 13-18. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the assembly as taught by Trojan , with carrying case as taught by Radius , since such a modification would provide the predictable results of providing a puncture proof case to reduce the risk of damage to the condom prior to use. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. SLEEV (“Pleasure Sleeves”, 2023”) isa publicly available product that reads on the independent claim but was publicly available after the priority date. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Marc D Honrath whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-6219 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 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, FILLIN "SPE Name?" \* MERGEFORMAT Charles A Marmor II can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (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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