U 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 .
Response to Amendment
The Office Action is responsive to the Amendment filed 07 July 2026. Claims 1-3 and 5-13 are now pending. The Examiner acknowledges the amendments to claims 1, 2, 5, 8 and 11.
Claim Rejections - 35 USC § 102
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, 5-8, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bollinger (US 20110152606 A1).
Regarding claim 1, Bollinger teaches a fertility aid device (“artificial insemination device”, abstract) comprising:
A cup including a lip (“rolled-up sheath forms a supporting ring 60 which further reinforces the cup”, paragraph [0026]; ring 60 and cup shown in Fig. 3 and in annotated Fig. 8 below) and a flexible structure (“cup may be made of latex, silicone”, paragraph [0025]; latex and silicone are flexible materials) extending from the lip and defining a chamber to receive and store sperm (“cup may be collapsible and sealable…closed and sealed to itself after ejaculation until the user is ready for insertion…to store ejaculate temporarily”, paragraph [0039]), the lip and the flexible structure cooperatively defining a cup-like shape and configured to permit insertion of the cup inside a vagina of a woman while retaining the cup-like shape on and during insertion (“outer convex surface of the cup is attached to a delivery handle, which is then used to advance the cup, concave side distal most, through the vaginal tract”, paragraph [0036]), and the cup configured to be inserted inside the vagina after depositing the sperm into the chamber to deliver the sperm near a cervix of the woman (“a condom into which a man ejaculates and then which can be immediately attached to a delivery handle to advancement to a woman’s cervix”, paragraph [0024]); and
A string attached to the cup and extending outwardly of the cup of to facilitate a removal of the cup from the vagina (“a pull-string 50 may extend from the receptacle. The pull-string may be used to retrieve the condom after insemination”, paragraph [0026]; pull-string 50 shown in annotated Fig. 8 below).
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Regarding claim 2, Bollinger teaches comprising a handle attached to the string (delivery handle 70, shown in annotated Fig. 8 above) to facilitate a holding of the fertility aid device by a user.
Regarding claim 5, Bollinger teaches the flexible structure including a top of the cup, and at least a portion of the flexible structure being adapted to be pinched such that an opening of the cup defines a figure 8 shape (“cup may be made of latex, silicone…elastomeric materials”, paragraph [0025]). The cup is made of flexible material, which makes it capable of being pinched inwards to create a figure 8 shape.
Regarding claim 6, Bollinger teaches the cup and the string being integrally formed with each other (cup shown integrally formed with string in annotated Fig. 8 above).
Regarding claim 7, Bollinger teaches the cup being made of a medical grade silicone (“cup may be made of…silicone”, paragraph [0025]).
Regarding claim 8, Bollinger teaches a method for providing a fertility aid to a woman (“to facilitate artificial insemination”, paragraph [0024]), the method comprising:
Providing a fertility aid device including a cup, wherein the cup includes a lip (“rolled-up sheath forms a supporting ring 60 which further reinforces the cup”, paragraph [0026]; ring 60 and cup shown in Fig. 3 and in annotated Fig. 8 above) and a flexible structure (“cup may be made of latex, silicone”, paragraph [0025]; latex and silicone are flexible materials) extending from the lip and defining a chamber to receive and store sperm (“cup may be collapsible and sealable…closed and sealed to itself after ejaculation until the user is ready for insertion…to store ejaculate temporarily”, paragraph [0039]), the lip and the flexible structure cooperatively defining a cup-like shape and configured to permit insertion of the cup inside a vagina of the woman while retaining the cup-like shape on and during insertion (“outer convex surface of the cup is attached to a delivery handle, which is then used to advance the cup, concave side distal most, through the vaginal tract”, paragraph [0036]), and a string attached to the cup and extending outwardly of the cup to facilitate an insertion and removal of the cup from a vagina of the woman (“a pull-string 50 may extend from the receptacle. The pull-string may be used to retrieve the condom after insemination”, paragraph [0026]; pull-string 50 shown in annotated Fig. 8 above);
Collecting sperm inside the chamber of the cup of the fertility aid device; and
Inserting the cup having the sperm inside the vagina while retaining the cup-like shape and positioning the cup proximate to a cervix of the woman to deliver the sperm near the cervix (“a condom into which a man ejaculates and then which can be immediately attached to a delivery handle to advancement to a woman’s cervix”, paragraph [0024]).
Regarding claim 12, Bollinger teaches removing the cup from the vagina upon elapse of a predefined time period from the insertion of the cup inside the vagina (“cup is positioned near or on the cervix…left in place for a period of time…cup is then removed and discarded”, paragraph [0036]).
Regarding claim 13, Bollinger teaches the cup being removed from the vagina by pulling the string (“pull-string 50…aid in removal of the condom cup from the cervix”, paragraph [0034]).
Claim Rejections - 35 USC § 103
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.
Claim 3 is rejected under 35 U.S.C. 103 as being obvious over Bollinger.
Regarding claim 3, Bollinger teaches all the limitations of claim 2, but does not teach the handle including a heart shape.
Bollinger teaches a handle with a ring shape at the end (“handle has an elongate extension that includes…plunger 90…plunger may include a ring 92 or other feature”, paragraph [0027]).
However, it would have been obvious to one of ordinary skill in the art to modify the structure of the handle of the fertility aid device, since modification of shape is merely a design choice. In the absence of persuasive evidence to the contrary, any change in shape is merely a matter of choice which a person of ordinary skill in the art would have found obvious. See MPEP 2144.04(IV)(B) and referring to In re Dailey, 357 F.2d 669, 149 USPQ 7 (CCPA 1966).
Claims 9-11 are rejected under 35 U.S.C. 103 as being obvious over Bollinger in view of Stal (US 20210267640 A1).
Regarding claim 9, Bollinger teaches all the limitations of claim 8, but does not teach the method of manipulating the cup to enable insertion of the cup.
However, Stal teaches manipulating the cup to enable the insertion of the cup inside the vagina (“folding the cup part…inserting the cup…folded laterally itself to at least some extent”, paragraph [0059]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Bollinger with the method of Stal and manipulate the cup in a way that can comfortably and easily allow for the insertion of the cup into the vagina.
Regarding claim 10, Bollinger in view of Stal teaches all the limitations of claim 9.
Furthermore, Stal teaches manipulating the cup including pinching a top of the cup such that an opening of the cup defines a figure 8 shape (“the cup part 10 can be pinched, in particular by pressing two indentations 12…towards each other”, paragraph [0046]). The cup is made of flexible material, which makes it capable of being pinched inwards to create a figure 8 shape.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Bollinger in view of Stal and manipulate the cup by pinching a top of the cup in order to comfortably and easily allow for the insertion of the cup into the vagina.
Regarding claim 11, Bollinger in view of Stal teaches all the limitations of claim 9.
Furthermore, Stal teaches manipulating the cup by folding the cup (“by folding…the cup part 10…insertion of the cup part 10 into the vaginal canal can be facilitated”, paragraph [0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Bollinger in view of Stal and manipulate the cup by folding the cup in order to comfortably and easily allow for the insertion of the cup into the vagina.
Response to Arguments
Applicant’s arguments, see page 4, filed 07 July 2026, with respect to the claim objections have been fully considered and are persuasive in light of the amendments. The rejections have been withdrawn.
Applicant’s arguments with respect to claims 1-3 and 5-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The rejection of all pending claims 1-3 and 5-13 under 35 35 U.S.C § 102(a)(1) and 35 U.S.C. § 103 have been updated accordingly.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARA LINH TRAN whose telephone number is (571)272-3598. The examiner can normally be reached 7:30am-5:00pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at 5712724233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.L.T./Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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