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 applicant regards as his invention.
Claim 12 is 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 12 recites the limitation "when the screw rod is driven to move in the reciprocating manner" in lines 3-4. The claim is indefinite because it is unclear how the screw rod is driven in a reciprocating manner as it is attached to the motor, therefore the only freedom of movement would be rotational.
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, 9-12, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bjørkmann (US 20200219614 A1).
Regarding claims 1 and 11, Bjørkmann discloses a male sexual stimulation device (Abstract), comprising: a shell (Figure 2), wherein the shell is provided with a first accommodating chamber (Figure 2); a brushless motor (Paragraph [0091]), wherein the brushless motor is arranged in the first accommodating chamber (Figure 2); a first micro control unit (MCU) (Paragraph [0035]), wherein the first MCU is arranged in the first accommodating chamber and is electrically connected to the brushless motor (Figure 2, Paragraph [0031]); the first MCU controls a rotating speed of the brushless motor and/or an initial position and final position of the brushless motor (paragraph [0029]); a screw rod (Figure 2, “34”), wherein the screw rod is connected to an output end of the brushless motor and rotates in a reciprocating manner under the driving of the brushless motor (Paragraph [0034]); a sliding block (Figure 2 “24”), wherein the sliding block is in threaded connection to the screw rod and does a reciprocating motion under the driving of the screw rod (Paragraph [0034]); and a connector (Figure 1 “16”), wherein the connector is connected to the sliding block and moves in a reciprocating manner with the sliding block (Figure 1 “16”); the connector is configured to connect a flexible sleeve (Figure 1 “15”), and a flexible sleeve (Figure 1 “15”).
Regarding claims 2 and 12, Bjørkmann discloses a sliding rod (Figure 2, “26”), wherein the sliding rod is substantially parallel to the screw rod (Figure 2), and the sliding block is provided with a sliding hole (Figure 2, Paragraph [0034]); the sliding rod is inserted along the sliding hole (Figure 2, Paragraph [0034]); and when the sliding block is in reciprocating motion driven by the screw rod (Figure 2, Paragraph [0034]),the sliding hole slides in a reciprocating manner along a surface of the sliding rod (Figure 2, Paragraph [0034]).
Regarding claims 9 and 19, Bjørkmann discloses a state indication unit, wherein the state indication unit is electrically connected to the first MCU (Paragraph [0039]).
Regarding claim 10 and 20, Bjørkmann discloses the connector comprises a connecting rod (Figure 2 “25”) and a connecting block (Figure 1, “14”); a surface of the shell is provided with a sliding chute (Figure 2, “39”); an extension direction of the sliding chute is matched with a direction of the screw rod (Figure 2, “39”); one end of the connecting rod is connected to the sliding block (Figure 2, “39”); and the other end of the connecting rod protrudes out of the sliding chute and is connected to the connecting block (Figures 1 and 2).
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(s) 3-6 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Bjørkmann (US 20200219614 A1) as applied to claim 1 above, and further in view of Huang (US 11925592 B1).
Regarding claims 3 and 13, Bjørkmann does not disclose two handles, wherein the two handles protrude out along two sides of the shell, and the handles are provided for being held by a user. Huang discloses a penis massager (Abstract) wherein the device comprises a movable sleeve (Abstract) and further wherein the device comprises at least two handles extending outwardly from an outer face of the housing for holding of the penis massager (Abstract, Figure 2). 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 device as taught by Bjørkmann, with two handles, wherein the two handles protrude out along two sides of the shell as taught by Huang, since such a modification would provide the predictable results of improving grip of the device (Col 1, Lines 62-66).
Regarding claims 4 and 14, Bjørkmann discloses adjustment buttons that send a signal to the first MCU to control the rotating speed of the brushless motor and/or the initial position and final position of the brushless motor according to the first electrical signal (Paragraph [0029]). Bjørkmann does not disclose the handles are provided with a second accommodating chamber and button holes that passes through surfaces of the handles and are communicated to the second accommodating chamber; the second MCU is arranged in the second accommodating chamber; the adjustment buttons are connected to the second MCU and protrude out along the button holes; the second MCU is electrically connected to the first MCU; and the second MCU generates a first electrical signal in response to a user operation. Huang discloses the handles are provided with a second accommodating chamber and button holes that passes through surfaces of the handles and are communicated to the second accommodating chamber (Figure 3); the second MCU is arranged in the second accommodating chamber (The button of Figure 3 would have to generate a signal to send to the control circuit board (Figure 4, “50”)); the adjustment buttons are connected to the second MCU and protrude out along the button holes (Figure 3); the second MCU is electrically connected to the first MCU (The button of Figure 3 would have to generate a signal to send to the control circuit board (Figure 4, “50”)); and the second MCU generates a first electrical signal in response to a user operation (The button of Figure 3 would have to generate a signal to send to the control circuit board (Figure 4, “50”)). 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 device as taught by modified Bjørkmann, with the handles being provided with a second accommodating chamber and button holes as taught by Huang, since such a modification would provide the predictable results of allowing for easy operation of the device (Col 3, Lines 64-67).
Regarding claim 5 and 15, Bjørkmann discloses an ON/OFF button (Paragraph [0031]). Bjørkmann does not disclose a third MCU, wherein the third MCU is arranged in the second accommodating chamber; the ON/OFF button is connected to the third MCU and protrudes out along the button holes; the third MCU is electrically connected to the first MCU; the third MCU generates a second electrical signal in response to a user operation; and the first MCU receives the second electrical signal and controls, according to the second electrical signal, the brushless motor to be turned on or turned off. Huang discloses the buttons may be provided on both handles (Col 3, Lines 57-59). As Bjørkmann discloses the use of an ON/OFF button and Huang discloses the second handle may also comprise a button, 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 device as taught by modified Bjørkmann, with the second handle comprising an on/off button with a third MCU for sending a signal to the control circuit to control the operation of the device as taught by Bjørkmann and Huang, since such a modification would provide the predictable results of allowing for easy operation of the device (Huang, Col 3, Lines 64-67).
Regarding claim 6 and 16, modified Bjørkmann discloses a detection unit (Paragraph [0037]), wherein the detection unit is electrically connected to the first MCU (Paragraph [0037]); the detection unit detects a position of the sliding block and generates a third electrical signal (Paragraph [0037]); and the first MCU receives the third electrical signal and controls, according to the third electrical signal, the brushless motor to adjust the initial position and final position of the reciprocating motion (Paragraph [0037]).
Claim(s) 7, 8, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bjørkmann (US 20200219614 A1) and Huang (US 11925592 B1) as applied to claims 1-6 and 11-16 above, and further in view of Ma (CN 106420309 A).
Regarding claims 7, 8, 17 and 18, modified Bjørkmann discloses the circuit board comprises a power supply module (Paragraph [0036]), wherein the power supply module is electrically connected to the first MCU and is electrically connected to the second MCU, the third MCU, and the brushless motor through the first MCU (Paragraph [0036]) and wherein the power supply module comprises a power interface, a charging circuit (Paragraph [0046]), a battery (Paragraph [0046]), and the charging circuit is electrically connected to the power interface and the battery (Paragraphs [0036] and [0046]). Modified Bjørkmann fails to disclose a voltage stabilizing circuit and the voltage stabilizing circuit is electrically connected to the battery and the first MCU. Ma discloses a male sex toy wherein the battery is sequentially connected through the power management unit (PMU) and a low voltage difference linear voltage stabilizer (LDO) electrically connected with the control chip of the control circuit board (Page 5). 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 device as taught by modified Bjørkmann, with a voltage stabilizing circuit and the voltage stabilizing circuit is electrically connected to the battery and the first MCU as taught by Ma, since such a modification would provide the predictable results of protecting the MCU from battery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc D Honrath whose telephone number is (571)272-6219. The examiner can normally be reached M-F 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A Marmor II can be reached at (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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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/M.D.H./ Examiner, Art Unit 3791
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