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 Objections
Claims 3, 8, 9, 17, and 20 are objected to because of the following informalities:
In claim 3, line 5: “the electric motor” should apparently read --the electric vibration motor--.
In claim 8, line 4: “the vent openings” should apparently read --the one or more vent openings--.
In claim 8, line 6: “in manner” should apparently read --in a manner--.
In claim 8, line 8: “the vibration motor” should apparently read --the electric vibration motor--.
In claim 9, line 2: “the vent openings” should apparently read --the one or more vent openings--.
In claim 17, line 3: “26” should apparently be deleted.
In claim 20, line 13: “the electric motor” should apparently read --the electric vibration motor--.
In claim 20, line 15: “the electric motor” should apparently read --the electric vibration motor--.
Appropriate correction is required.
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.
Claims 14-16, 19, and 20 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 14 recites the limitation "the vibrator housing" in line 5. There is insufficient antecedent basis for this limitation in the claim; only a vibration unit housing has been previously recited.
Claims 15 and 16 are rejected by virtue of their dependence upon claim 14.
Claim 19 recites the limitation "the vibration motor unit" in line 6. There is insufficient antecedent basis for this limitation in the claim. It is noted that this limitation also appears in line 9, which may need to be amended in kind.
Claim 20 recites the limitation “the flexible sleeve comprising a first end portion distal from the vacuum vessel opening to which the vibrator unit housing is attached” in lines 27-28. It is not clear if this is intended to mean that the vibrator unit housing is attached to the first end portion or to the vacuum vessel opening.
Claim 20 also recites the limitation "the vibrator housing" in lines 32-33. There is insufficient antecedent basis for this limitation in the claim; only a vibration unit housing has been previously recited.
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.
Claims 1, 2, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goldenberg et al. (U.S. Pub. No. 2018/0125748 A1; hereinafter known as “Goldenberg”).
Regarding claim 1, Goldenberg discloses a combined vacuum and vibratory genital therapy apparatus (Abstract; Figs. 1, 4, 7), comprising: a vacuum vessel 220 that is sized and configured to accommodate a human genital therein, the vacuum vessel having an opening to receive the human genital while forming a vacuum vessel air seal 225 that allows air pressure to be reduced within the vacuum vessel, a vacuum pump 1010 operatively connected to the vacuum vessel and operable to remove air from the vacuum vessel in order to reduce the air pressure therein ([0075]-[0077]; [0092]; [0108]; [0187]); and a pressure-actuated vibrator unit 280 arranged to deliver vibratory stimulation to the human genital when disposed within the vacuum vessel in response to the air pressure in the vacuum vessel being reduced to a predetermined air pressure level representing a vibrator unit activation threshold pressure ([0078]-[0079]; [0191]; after achieving target negative pressure, vibratory motors are activated).
Regarding claim 2, Goldenberg discloses that the vacuum vessel is sized and configured to accommodate one of a male or female human genital therein ([0075]-[0077]; female genital).
Regarding claim 19, Goldenberg discloses a method of using the apparatus of claim 1, comprising inserting the human genital inside the vacuum vessel and sealing the vacuum vessel opening against a base of the human genital or an adjacent pubic area that surrounds the human genital ([0075]-[0077]; [0174]-[0175]; [0179]); operating the vacuum pump to reduce the air pressure within the vacuum vessel until the vibration motor unit is activated to deliver vibratory stimulation to the human genital in response to the air pressure within the vacuum vessel being reduced to the activation threshold pressure ([0180]-[0182]; [0191]); subsequently deactivating the vibration motor unit by venting the vacuum vessel ([0104]-[016]); and removing the human genital from the vacuum vessel ([0099]).
Allowable Subject Matter
Claims 3-13, 17, and 18 are 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.
Claims 14-16 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.
Claim 20 would be 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.
The following is a statement of reasons for the indication of allowable subject matter: while electrical switches are well-known in the prior art, none of the prior art of record teaches or reasonably suggests such a vibrator unit that includes a pressure-actuated electrical switch that electrically connects the electrical power source to the electric vibration motor in response to the air pressure within the vacuum vessel being at or below the activation threshold pressure, and electrically disconnects the electrical power source from the electric motor in response to the air pressure within the vacuum vessel being above the activation threshold pressure, in combination with such a combined vacuum and vibratory genital therapy apparatus.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791
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