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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a first stimulation mechanism in claims 1 and 18 and a second stimulation mechanism in claims 7 and 14. These components are described in paragraphs 0063-0064 of the published application and can include vibratory or suction modules/devices, movable actuators, and rotating beads.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-17 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 1 recites the limitation "an individual" in line 4. It is not clear if this is intended to refer to the individual recited in lines 2-3 or to be a separate individual.
Claim 1 also recites the limitation "the sensed relative motion" in line 8. There is insufficient antecedent basis for this limitation in the claim; the claim only previously recites sensing movement.
Claim 14 recites the limitation "an individual to which the first device is coupled" in lines 1-2. It is not clear if this is intended to refer to the individual recited in claim 1 or to be a separate individual.
Claims 2-17 are rejected by virtue of their dependence upon at least one rejected base claim.
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 1-4, 6-12, and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cooper et al. (U.S. Pub. No. 2019/0167514 A1; hereinafter known as “Cooper”).
Regarding claim 1, Cooper discloses an apparatus 6 for sexual stimulation (Abstract; Figs. 3, 4), comprising: a first device 1 that is configured to be held by, worn by or mounted to an individual; and a second device 1 that is configured to be coupled to an individual, the second device including: a first sensor 3S that is configured to sense movement of the first device relative to the second device and to generate a first motion signal based on the sensed relative motion, and a first stimulation mechanism 2 for sexually stimulating the individual to which the second device is coupled, wherein the first stimulation mechanism is configured to operate based, at least in part, on the first motion signal ([0010]-[0012]; [0033]; [0039]-[0040]; [0057]).
Regarding claim 2, Cooper discloses that the first device includes a metallic element and the first sensor is configured to sense motion of the metallic element relative to the second device ([0017]-[0021]; [0067]; [0097]-[0099]).
Regarding claim 3, Cooper discloses that the first device includes a magnet and the first sensor is configured to sense motion of the magnet relative to the second device ([0017]-[0021]; [0067]; [0097]-[0099]).
Regarding claim 4, Cooper discloses that the first motion signal generated by the first sensor is indicative of a proximity of the first device to the second device ([0010]-[0012]; [0033]; [0054]-[0058]).
Regarding claim 6, Cooper discloses that an operational state of the first stimulation mechanism is selectively varied based on the first motion signal ([0033]; [0142]).
Regarding claim 7, Cooper discloses that the second device includes a second stimulation mechanism for sexually stimulating the individual to which the second device is coupled ([0109]; [0119]-[0120]).
Regarding claims 8-11, Cooper discloses that the second stimulation mechanism is configured to operate based, at least in part, on the first motion signal, wherein an operational state of the first stimulation mechanism is selectively varied in a first way based on the first motion signal and wherein an operational state of the second stimulation mechanism is varied in a second way based on the first motion signal, wherein the first way is the same as or different from the second way ([0036]-[0037]; [0120]).
Regarding claim 12, Cooper discloses that the second device further comprises at least one processor 5 that is configured to generate a drive signal based on the first motion signal, wherein the drive signal is used to drive operation of the first stimulation mechanism ([0033]; [0052]; [0058]).
Regarding claim 14, Cooper discloses that the first device includes a second stimulation mechanism 2 configured to sexually stimulate an individual to which the first device is coupled ([0058]).
Regarding claim 15, Cooper discloses that the second stimulation mechanism is configured to operate based, at least in part, on the first motion signal ([0010]-[0012]; [0033]; [0057]-[0058]; [0063]).
Regarding claim 16, Cooper discloses that the second device includes a wireless transmitter 8 configured to transmit a second device signal that is based on the first motion signal, wherein the first device comprises a wireless receiver 9 configured to receive the second device signal, and wherein the second stimulation device is configured to operate based, at least in part, on the received second device signal ([0059]; [0092]-[0096]).
Regarding claim 17, Cooper discloses that the second device comprises a wireless receiver/transceiver, and wherein the first stimulation mechanism is configured to operate based, at least in part, on a control signal received via the wireless receiver/transceiver ([0059]; [0092]-[0096]).
Regarding claim 18, Cooper discloses an apparatus 6 for sexual stimulation (Abstract; Figs. 3, 4), comprising: a housing 1 that is configured to be held coupled to an individual; a sensor 3S mounted on the housing and configured to sense movement of a separate device relative to the sensor, wherein the sensor generates a motion signal based on the sensed relative movement, and a first stimulation mechanism 2 for sexually stimulating the individual to which the housing is coupled, wherein the first stimulation mechanism is configured to operate based, at least in part, on the motion signal ([0010]-[0012]; [0033]; [0039]-[0040]; [0057]).
Regarding claim 19, Cooper discloses that the sensor is configured to sense movement of a metallic or magnetic element on the separate device relative to the sensor ([0017]-[0021]; [0067]; [0097]-[0099]).
Regarding claim 20, Cooper discloses that an operational state of the first stimulation mechanism is selectively varied based on the motion signal ([0033]; [0142]).
Claims 1, 4, 5, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bauer (U.S. Pub. No. 2020/0330319 A1).
Regarding claim 1, Bauer discloses an apparatus 1 for sexual stimulation (Abstract; Figs. 1-3), comprising: a first device 2 that is configured to be held by, worn by or mounted to an individual, and a second device 3 that is configured to be coupled to an individual, the second device including: a first sensor 26 that is configured to sense movement of the first device relative to the second device and to generate a first motion signal based on the sensed relative motion, and a first stimulation mechanism 18 for sexually stimulating the individual to which the second device is coupled, wherein the first stimulation mechanism is configured to operate based, at least in part, on the first motion signal ([0041]-[0042]; [0047]-[0050]; [0053]-[0056]).
Regarding claim 4, Bauer discloses that the first motion signal generated by the first sensor is indicative of a proximity of the first device to the second device ([0008]; [0017]; [0050]-[0052]).
Regarding claim 5, Bauer discloses that the first motion signal generated by the first sensor is also indicative of a speed of movement of the first device relative to the second device ([0013]; [0017]).
Regarding claim 12, Bauer discloses that the second device further comprises at least one processor 20 that is configured to generate a drive signal based on the first motion signal, wherein the drive signal is used to drive operation of the first stimulation mechanism ([0047]-[0050]).
Regarding claim 13, Bauer discloses that the at least one processor is configured to generate a speed signal indicative of a speed of movement of the first device relative to the second device based on the first motion signal, and wherein the drive signal generated by the at least one processor is also based on the speed signal ([0013]; [0017]).
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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