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 1, 3, 5, 8, 9, 12, 13, 15, 17, and 20 are objected to because of the following informalities:
In claim 1, line 6: “corresponds to movement” should apparently read --corresponds to the movement--.
In claim 3, line 3: “rigidity” should apparently read --the rigidity--.
In claim 3, line 4: “fluid” should apparently read --the fluid--.
In claim 5, line 6: “corresponds to movement” should apparently read --corresponds to the movement--.
In claim 8, line 2: “configured control” should apparently read --configured to control--.
In claim 9, line 2: “movement” should apparently read --the movement--.
In claim 9, line 2: “media” should apparently read --the media--.
In claim 12, line 7: “hardness” should apparently read --a hardness--.
In claim 13, line 3: “movement” should apparently read --the movement--.
In claim 13, line 7: “rigidity” should apparently read --the rigidity--.
In claim 13, line 8: “fluid” should apparently read --the fluid--.
In claim 15, line 6: “movement” should apparently read --the movement--.
In claim 17, line 2: “fluid” should apparently read --the fluid--.
In claim 17, line 3: “rigidity” should apparently read --the rigidity--.
In claim 17, line 4: “fluid” should apparently read --the fluid--.
In claim 20, line 5: “movement” should apparently read --the movement--.
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 13-15 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 13 recites the limitation “a rigidity” in line 5. It is not clear if this is intended to be the same as the hardness recited in claim 12 or to be a separate characteristic.
Claims 14 and 15 are rejected by virtue of their dependence upon claim 13.
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 12 and 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abbassi (U.S. Pub. No. 2003/0036678 A1; cited in the IDS filed 08 March 2024).
Regarding claim 12, Abbassi discloses a masturbation device (Abstract; Figs. 1-7) comprising: a phallic body 70; a control assembly 75/100 configured to control the phallic body; and a processor 65 configured to control the control assembly, wherein the processor is configured to receive input data from a remote user; wherein movement of the phallic body corresponds to movement associated with the input data from the remote user, and hardness of the phallic body is adjusted based on the input data ([0032]-[0034]; [0036]-[0037]; [0040]-[0043]).
Regarding claim 21, Abbassi discloses a system for interaction between users (Abstract; Figs. 1-7), the system comprising: a masturbation device 35 including: a phallic body 70; a control assembly 75/100 configured to control the phallic body; and a processor 65 configured to control the control assembly and configured to receive data related to at least one of: (i) a phallus displayed in media, or (ii) input from a remote user; wherein the phallic body is configured to be synchronized with the phallus displayed in the media or the input from the remote user ([0032]-[0034]; [0036]-[0037]; [0040]-[0043]; remote user).
Regarding claim 22, Abbassi discloses that the data from the processor is used to selectively control at least one of: (i) movement of the phallic body in a reciprocating motion ([0036]-[0037]); (ii) adjusting a rigidity of the phallic body ([0040]-[0043]); or (iii) dispensing fluid from the phallic body ([0044]).
Regarding claim 23, Abbassi discloses that the data from the processor is used to selectively control: (i) movement of the phallic body in a reciprocating motion ([0036]-[0037]); (ii) adjusting a rigidity of the phallic body ([0040]-[0043]); and (iii) dispensing fluid from the phallic body ([0044]).
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.
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.
Claims 1, 2, 8-10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Abbassi, in view of Cambridge (U.S. Pub. No. 2015/0366748 A1).
Regarding claim 1, Abbassi discloses a masturbation device (Abstract; Figs. 1-7) comprising: a phallic body 70; a control assembly 75/100 configured to control the phallic body; and a processor 65 configured to control the control assembly and configured to receive data related to movement of a remote phallus; wherein movement of the phallic body corresponds to movement of the remote phallus ([0032]-[0034]; [0036]-[0037]; [0040]-[0043]). Abbassi fails to disclose that the remote phallus is a phallus displayed in media. Cambridge discloses a similar device (Abstract; Fig. 7) wherein movement of a phallic body 1d corresponds to movement of a phallus displayed in media 10d in order to mimic motion in a pornographic video ([0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Abassi so that the remote phallus is a phallus displayed in media, as taught by Cambridge, in order to mimic motion in a pornographic video.
Regarding claim 2, the combination of Abbassi and Cambridge discloses the invention as claimed, see rejection supra, and Abbassi further discloses a container 110 arranged inside of the phallic body that is configured to adjust a rigidity of the phallic body ([0040]-[0043]).
Regarding claim 8, the combination of Abbassi and Cambridge discloses the invention as claimed, see rejection supra, and Abbassi further discloses that the control assembly is further configured to control rigidity of the phallic body ([0040]-[0043]) and dispensing of fluid from the phallic body ([0044]).
Regarding claim 9, the combination of Abbassi and Cambridge discloses the invention as claimed, see rejection supra, and Cambridge further discloses that the data related to movement of the phallus displayed in media is transmitted via a secondary processor 7d to the processor ([0027]).
Regarding claim 10, the combination of Abbassi and Cambridge discloses the invention as claimed, see rejection supra, and Cambridge further discloses that the processor is connected to a monitor 10d that is configured to display the phallus ([0027]).
Regarding claim 16, Abbassi discloses a method of controlling a masturbation device 35 (Abstract; Figs. 1-7), the method comprising: (i) adjusting a rigidity of a phallic body 70 of the masturbation device via selectively adjusting a volume of fluid within a container 110 arranged inside of the phallic body and (ii) moving the phallic body of the masturbation device, wherein steps (i) and (ii) are controlled via a processor 65 configured to receive data associated with a remote phallus ([0032]-[0034]; [0036]-[0037]; [0040]-[0043]). Abbassi fails to disclose that the remote phallus is a phallus in media. Cambridge discloses a similar method (Abstract; Fig. 7) comprising controlling movement of a phallic body 1d based on movement of a phallus in media 10d in order to mimic motion in a pornographic video ([0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Abassi so that the remote phallus is a phallus in media, as taught by Cambridge, in order to mimic motion in a pornographic video.
Claims 3-6 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Abbassi and Cambridge as applied to claims 2 and 16 above, and further in view of Rosenberg (U.S. Pub. No. 2014/0107410 A1).
Regarding claims 3 and 4, the combination of Abbassi and Cambridge discloses the invention as claimed, see rejection supra, and Abbassi further discloses that the control assembly is configured to selectively provide fluid to the container such that rigidity of the phallic body is adjustable based on a volume of fluid within the container ([0040]-[0043]; via pump 100) and to provide fluid to at least one opening defined on the phallic body ([0044]; via pump 120). The combination of Abbassi and Cambridge fails to disclose that the providing is performed by at least one first syringe and at least one second syringe. Rosenberg discloses a similar device (Abstract; Fig. 1) that includes a syringe pump in order to control force and speed of the fluid ([0020]; [0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Abbassi and Cambridge with such syringe pumps, as taught by Rosenberg, in order to control force and/or speed of the adjustable rigidity and the fluid provided to the opening.
Regarding claim 5, the combination of Abbassi, Cambridge, and Rosenberg discloses the invention as claimed, see rejection supra, and further discloses that the control assembly is configured to provide input signals to: a first motor 32 associated with the at least one first syringe (Rosenberg: [0027]), (ii) a second motor 32 associated with the at least one second syringe (Rosenberg: [0027]), and (iii) a third motor 75 associated with at least one arm configured to control movement of the phallic body (Abbassi: [0037]).
Regarding claim 6, the combination of Abbassi, Cambridge, and Rosenberg discloses the invention as claimed, see rejection supra, and Abbassi further discloses a housing 35 that surrounds the first motor, the second motor, the third motor, the at least one first syringe, and the at least one second syringe ([0035]).
Regarding claim 17, the combination of Abbassi and Cambridge discloses the invention as claimed, see rejection supra, and Abbassi further discloses selectively providing fluid to the container such that rigidity of the phallic body is adjustable based on the volume of fluid within the container ([0040]-[0043]; via pump 100). The combination of Abbassi and Cambridge fails to disclose that the providing is by providing at least one first syringe. Rosenberg discloses a similar method (Abstract; Fig. 1) that uses a syringe pump to provide fluid in order to control force and speed of the fluid ([0020]; [0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Abbassi and Cambridge with such a syringe pump, as taught by Rosenberg, in order to control force and/or speed of the adjustable rigidity.
Regarding claims 18 and 19, the combination of Abbassi, Cambridge, and Rosenberg discloses the invention as claimed, see rejection supra, and Abbassi further discloses dispensing fluid from at least one opening defined on the phallic body based on the data associated with the phallus in the media ([0044]-[0045]; via pump 120). 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 combination of Abbassi, Cambridge, and Rosenberg with a second syringe pump, as taught by Rosenberg, in order to control force and/or speed of the fluid provided from the opening.
Regarding claim 20, the combination of Abbassi, Cambridge, and Rosenberg discloses the invention as claimed, see rejection supra, and further discloses providing: a first motor 32 associated with the at least one first syringe (Rosenberg: [0027]), (ii) a second motor 32 associated with the at least one second syringe (Rosenberg: [0027]), and (iii) a third motor 75 associated with at least one arm configured to control movement of the phallic body (Abbassi: [0037]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Abbassi and Cambridge as applied to claim 1 above, and further in view of Shahoian et al. (U.S. Pub. No. 2018/0140502 A1; hereinafter known as “Shahoian”). The combination of Abbassi and Cambridge discloses the invention as claimed, see rejection supra, but fails to disclose that the phallic body is formed from an elastomeric silicone material. Shahoian discloses a similar device (Abstract) comprising a phallic body that is formed from an elastomeric silicone material in order to simulate the feel of an erect penis ([0112]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Abbassi and Cambridge with such an elastomeric silicone material, as taught by Shahoian, in order to simulate the feel of an erect penis.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Abbassi as applied to claim 12 above, and further in view of Rosenberg.
Regarding claim 13, Abbassi discloses the invention as claimed, see rejection supra, and further discloses that the control assembly further comprises at least one motor 75 configured to control movement of the phallic body ([0037]); a container 110 arranged inside of the phallic body that is configured to adjust a rigidity of the phallic body ([0041]-[0043]); and that the control assembly is configured to selectively provide fluid to the container such that rigidity of the phallic body is adjustable based on a volume of fluid within the container ([0040]-[0043]; via pump 100). Abbassi fails to disclose that the providing is performed by at least one first syringe. Rosenberg discloses a similar device (Abstract; Fig. 1) that includes a syringe pump in order to control force and speed of the fluid ([0020]; [0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Abbassi with such a syringe pump, as taught by Rosenberg, in order to control force and/or speed of the adjustable rigidity.
Regarding claim 14, the combination of Abbassi and Rosenberg discloses the invention as claimed, see rejection supra, and Abbassi further discloses that the control assembly is configured to provide fluid to at least one opening defined on the phallic body ([0044]; via pump 120). 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 combination of Abbassi and Rosenberg with another syringe pump, as taught by Rosenberg, in order to control force and/or speed of the fluid provided to the opening.
Regarding claim 15, the combination of Abbassi and Rosenberg discloses the invention as claimed, see rejection supra, and further discloses that the control assembly is configured to provide input signals to: a first motor 32 associated with the at least one first syringe (Rosenberg: [0027]), (ii) a second motor 32 associated with the at least one second syringe (Rosenberg: [0027]), and (iii) a third motor 75 associated with at least one arm configured to control movement of the phallic body (Abbassi: [0037]).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Abbassi as applied to claim 21 above, and further in view of Cambridge. Abbassi discloses the invention as claimed, see rejection supra, but fails to disclose that the system is configured to provide video communication between a primary user of the masturbation device and the remote user. Cambridge discloses a similar system (Abstract; Fig. 7) that is configured to provide video communication between a primary user of a masturbation device and a remote user in order to allow the users to view and engage with one another ([0023]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Abassi with video communication between primary and remote users, as taught by Cambridge, in order to allow the users to view and engage with one another.
Allowable Subject Matter
Claim 7 is 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.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art of record teaches or reasonably suggests such a lead screw and nut assembly associated with each of the at least one first syringe and the at least one second syringe, in combination with such a masturbation device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cambridge (U.S. Pub. No. 2017/0112711 A1) teaches a similar masturbation device with a phallic body, control assembly, and processor, wherein movement of the phallic body can correspond to movement of a remote phallus. Lin (U.S. Pub. No. 2012/0316388 A1) and Kain (U.S. Pub. No. 2009/0216076 A1) teach similar masturbation devices with a phallic body that can be inflated via a syringe (or other pump).
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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