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 Species XI- claims 1 and 4-10 in the reply filed on 9/4/2026 is acknowledged.
Claims 2,3, and 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/4/2026.
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 7 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 sets forth “wherein the second channel is closed at an end thereof to define a pocket for a third adult toy.”, however there is not first or second adult to set forth in the preceding 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.
Claim(s) 1,4-6,8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thrasher( US 9022924) hereinafter Thrasher.
Thrasher teaches a hand-held sex aid comprising a platform with handles and with a ring positioned in a central area on a top side of the platform. Straps are attached to the ring and extend through slots to the bottom side of said platform, wherein the straps connect to each other to force the ring against a base of a phallic device, thereby securing the phallic device on the top side. A self-user can grasp the handles and position the platform in front or in back of the self-user and insert the phallic device into a body cavity. A first partner can grasp the handles and position the platform in front or in back of a second partner and insert the phallic device into a body cavity of the second partner. The phallic device can be manipulated as desired by using the handles.
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Regarding claims 1 and 9, Thrasher teaches, a body including an upper surface and a lower surface ( straps (23-26) have an upper face and a lower face), wherein the body defines an opening( 20,21) extending between the upper surface and the lower surface, wherein the opening is dimensioned to receive a portion of an adult toy therethrough, wherein the support is configured to be removably attached ( note buckles or hook/loop attachments as noted in paragraph 13) to a support structure (platform 10) to secure the adult toy to the support structure.
Regarding claims 4 and 5, Thrasher teaches wherein a fastener is attached to the lower surface of the body, wherein the fastener is configured to removably attach the support to a mating fastener disposed on the support structure and wherein the fastener and the mating fastener each comprise a hook and loop fastener. Note annotated figures 1,2 above and paragraphs (11) –(13). The buckles or hook/loop fasteners are attached to the upper and lower surface of the straps (body) and are at least “disposed” or placed on a lower surface of the support structure.
Regarding claim 6, Thrasher teaches wherein the body comprises an upper layer and a lower layer, wherein the body defines a first channel extending between the upper layer and the lower layer. Note annotated figure 1 above, where the straps are folded over creating a channel through which the ring 21 is held.
Regarding claim 8, Thrasher teaches wherein the body comprises a flexible material enabling the support to flex and attach to a non-planar surface. Note annotated figures 1,2 above and paragraphs (11) –(13). The straps may be made of various material including cloth and are flexible enough extend and to wrap through the holes 22 of the support structure.
Regarding claim 10, Thrasher teaches wherein the kit further comprises the adult toy, wherein the adult toy comprises a base that is sandwiched between the support and the positioner to secure the adult toy to the positioner. Note Figure 3, (13) FIG. 3 illustrates a phallic device 30 positioned within the interior 20 of ring 21. The phallic device should have a base 31 which has a diameter greater than the diameter of ring 21. As the straps 24 and 25 are pulled tight through buckles 27 and 28 the ring 21 will compress the base 31 against the top side 11 securing the phallic device 30 in place on top side 11. A phallic device includes any kind of dildo or any conical shaped device suitable for insertion into the vagina or anus. Any kind of suitable connectors can be used besides buckles 27 and 28, for example, hook and pile arrangements. The platform 10 can be constructed of any kind of plastic, metal, or wood, or any combination thereof. The U-shaped handles 16 can be made of any kind of plastic or metal or a combination thereof. The straps 23, 24, 25, and 26 can be made of any type of plastic or cloth or related materials.
Claim(s) 1, 4-5 and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buben ( US 20070214572) hereinafter Buben.
Buben teaches a cushion for use with sexual stimulation devices is disclosed. The cushion has a plush body with a first flap and a second flap extending from the plush body. The first flap and the second flap selectively interconnect to arch the plush body outwardly. [0021] Referring to FIG. 1, an embodiment of the cushion of the present invention is shown generally at 10. In particular, as shown in FIG. 1, cushion includes a plush body 12 with a first flap 14 and second flap 16 extending from opposite sides of the plush body 12. At approximately the center of the plush body 12 is a portion that defines a hole 18 through the plush body 12 of the cushion 10. [0026] Referring now to FIGS. 6 and 7, an accessory strap 30 may be used for a smaller butterfly-type devices. In particular, the strap 30 includes complimentary fasteners 32 which may connect to the fasteners 28 on the cushion 10. The strap 30 overlays the center of the plush body 10. The strap 30 may also include an elastic aperture 34 to provide more stability for phallic devices 22 or allow the protuberances of other sexual aid devices therethrough. [0027] A butterfly-type device can be inserted between the strap 30 and the hole 18 of the cushion 10. Because the hole 18 forms a recess on the surface of the plush body 12 of the cushion 10, it forms a natural pocket to cradle a butterfly-type device. However, because the butterfly-type device is larger than the hole 18, it will not fall or be forced therethrough. The accessory strap 30 ensures the butterfly device stays securely nestled in the pocket.
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Regarding claims 1 and 9, Buben teaches a body including an upper surface and a lower surface, wherein the body defines an opening extending between the upper surface and the lower surface, wherein the opening is dimensioned to receive a portion of an adult toy therethrough, wherein the support is configured to be removably attached to a support structure to secure the adult toy to the support structure. Note annotated figures 1,2,6, and 7 above and paragraphs [0026] – [0027].
Regarding claims 4 and 5 , Buben teaches wherein a fastener is attached to the lower surface of the body, wherein the fastener is configured to removably attach the support to a mating fastener disposed on the support structure. Note annotated figures 1,2,6, and 7 above and paragraphs [0026] – [0027].
Regarding claim 8, Buben teaches wherein the body comprises a flexible material enabling the support to flex and attach to a non-planar surface. Note annotated figures 1,2,6, and 7 above and paragraphs [0026] – [0027].
Regarding claim 10, Buben teaches wherein the kit further comprises the adult toy, wherein the adult toy comprises a base that is sandwiched between the support and the positioner to secure the adult toy to the positioner. Note figures 4-5, paragraph [025] phallic device 22.
Allowable Subject Matter
Claim 7 would be allowable if rewritten 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 to include all of the limitations of the base claim and any intervening claims.
The prior art of record teaches the subject matter of the independent claims including a body including an upper surface and a lower surface, wherein the body defines an opening extending between the upper surface and the lower surface, wherein the opening is dimensioned to receive a portion of an adult toy therethrough, wherein the support is configured to be removably attached to a support structure to secure the adult toy to the support structure and wherein the body comprises an upper layer and a lower layer, wherein the body defines a first channel extending between the upper layer and the lower layer.
The prior art of record does not specifically teach wherein the body defines a second channel extending between the upper layer and the lower layer, wherein the second channel is closed at an end thereof to define a pocket for an additional adult toy.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Espinosa(US 7201170) teaches Support Structure for Adult Devices is disclosed. The device provides a flat, adjustably inclinable surfaces to which adult novelty devices may be attached. The device may include a hinged junction between a pair of flat members to provide the inclinability. The device further has one or more struts extending between the flat members to set the device at a particular incline angle. Still further, the device may have non-skid strips on its underside to prevent slippage on smooth surfaces.
Astin(US 6849041) teaches phallus retention harness for retaining a phallus with a base portion and an elongate body portion relative to a wearer with a pocket member for receiving and retaining the phallus wherein the pocket member has a first panel and a second panel with an inner volume between the front panel and the rear panel, an aperture in the front panel of the pocket member for enabling the elongate body portion of the phallus to extend therethrough, and an arrangement for retaining the pocket member relative to the wearer's body.
Cianfrani(US 7993262) teaches an apparatus for supporting a stimulatory device. Such device eliminates the need for a user to manually hold and/or position such stimulatory device. Rather, such device remains in a stationary position, and a user may adjust her position relative to the stimulatory device and the supporting apparatus.
Turner(US 10813460) teaches Systems and methods are disclosed that include providing a support cushion with a plurality of cushions, a cover, an aperture disposed through the cover and between the cushions, a bottom opening in the cover, and an attachment system. The cushion system attaches to a support apparatus for use thereon by receiving the support apparatus through the bottom opening and manipulating the attachment system to reduce the bottom opening to a size smaller than a perimeter of the support apparatus. An optional object may be secured to the support apparatus and extend between the plurality of cushions and through the aperture.
Theis(US 10251808) teaches configurable cushion assembly adaptable for personal pleasure activities includes multiple cushions joined in a pivoting arrangement by which multiple cushioned constructions may be adapted to aid in personal exercise or other physical activities. Various elements of the cushion assembly provide for the retention and support of personal massaging devices in a variety of configurable positions.
Hamilton(US 8968183) teaches a support apparatus, for use in supporting a device such as a sex toy, the inflatable apparatus comprising an attachment portion and a holding portion which is attached to the attachment portion, and which defines an aperture therethrough, the holding portion having an inflatable element which is operable to adjust the size of said aperture.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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, Charles Marmor 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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/BRIAN L CASLER/Primary Examiner, Art Unit 3791
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