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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the Bag must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: bag element 2, liner 4, and wavy body 6 are set forth in the specification but do not appear in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-4 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.
Regarding claim 1, line 6, “the bag” lacks antecedent basis. The preamble sets forth an aid “having a shape of a flat bag” however “a bag” does not appear to be positively set forth.
Regarding claim 2, line 3, sets forth “a single-sided corrugated body including a sheet- like liner” however claim 2 depends from claim 1, claim 1 sets forth “a body including a sheet like liner” and it is unclear if the “single sided corrugated body with a sheet like liner” is in addition to the sheet like liner already set forth in claim 1.
For the purposes of examination, the examiner is interpreting claim 2 to further limit the elements previously set forth in claim 1 as opposed to adding additional elements.
Regarding claim 2, line 4, it is unclear which “liner” is being referred to since there is a liner set forth in claim 1 and an additional liner set forth again in claim 2.
Regarding claim 2, lines 7 and 9, “the bag” lacks antecedent basis.
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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roth( WO 2016082037) hereinafter Roth.
Roth teaches disposable masturbatory aid comprises a lubricated or un-lubricated cylindrical textile or tissue sheath which substantially encompasses a user's penis. The sheath, which is worn on a user's erect penis during masturbation, comprises a closed distal end for retaining ejaculate, and an open proximal end for receiving therein the user's penis. The sheath may further comprise at least a region treated with a cleaning agent configured to remove ejaculate from skin. When treated with a lubricant, the aid provides lubrication of a user's penis while assisting the user with cleaning ejaculate.
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Regarding claims 1 and 2, Roth teaches inner surface material in which unevenness regularly appears on the liner, the processed body being disposed on each of an upper surface and a lower surface inside the bag with the inner surface material facing inward. Note Figs. 3A,3B, and 6 and paragraphs [0026] Referring now to Figs. 1A and 1 B, a single-use male masturbatory aid 100 is shown. The aid consists of an elongated, substantially cylindrical sheath having a closed, distal end 101 for retaining ejaculate, and an open, proximal end 103 for receiving a user's penis into the sheath. In use, the user wears the sheath so that some or all of the length of his penis is encapsulated within the sheath. During use, the sheath may extend so that the closed, distal end 101 thereof extends substantially past the tip of the user's penis. This may provide a more comfortable experience by preventing the closed, distal end 101 from reciprocatingly impacting the tip of the user's penis during masturbation. The diameter of the sheath may be selected to loosely or tightly form to the user's penis, depending on the user's preference and penis size. [0027] The sheath may be formed from any suitable textile or tissue, such as, for example, spun-lace, air laid, co-form, carded, wet laid, spun laid, needle punch, composites, viscose, cotton, or polyester type material. The textile or tissue may comprise wicking properties to direct sweat away from high-contact regions, such as between a user's hand and his penis. [0028] The sheath may have elastic properties permitting it to deform (for example, elongate and contract) in response to movements of the user's penis during masturbation, as hereinafter described, or it may be substantially non-elastic to impart a more towel- or wipe-like sensation, which may more closely resemble the feel of non-disposable textile objects, such as a sock or rag, with which a user may already be familiar. [0029] Alternatively, materials such as cotton, whether in woven or non-woven and [0030] The sheath 100 may be monolithically formed, without joints and seams, as shown in Fig. 1A, which, it will be appreciated, may impart a more comfortable sensation during use. Monolithic formation of the sheath may be effected for woven or non-woven tissues or textiles. Fig. 6 shows an unevenness with ribs which is considered to be “corrugated” or shaped with alternating ridges and grooves.
Regarding claim 3, Roth teaches where the liner is formed of vinyl chloride or a nonwoven fabric. [0029] Alternatively, materials such as cotton, whether in woven or non-woven and [0030] The sheath 100 may be monolithically formed, without joints and seams, as shown in Fig. 1A, which, it will be appreciated, may impart a more comfortable sensation during use. Monolithic formation of the sheath may be effected for woven or non-woven tissues or textiles.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roth( WO 2016082037) hereinafter Roth in view of Waller (US 20130133665) hereinafter Waller.
Roth teaches the claimed invention as set forth above including materials such as cotton, whether in woven or non-woven and [0030] The sheath 100 may be monolithically formed, without joints and seams, as shown in Fig. 1A, which, it will be appreciated, may impart a more comfortable sensation during use. Monolithic formation of the sheath may be effected for woven or non-woven tissues or textiles.
Roth does not specifically teach constructing the bag out of rayon mixed nonwoven fabric or vinyl chloride.
Waller teaches practical, disposable full genital barrier/shield prophylactic undergarment that is gender specific with at least one inwardly or outwardly expandable and collapsible orifice covering for safe sex protection from body fluids, pathogens and parasites for a wearer and a partner which includes integral and multiple sensory, textural, visual and/or body enhancement components along with herbal, chemical and/or natural elements for increased stimulation while providing comfort, portability, style and size options in an undergarment device. The garment is easy to put on and take off, and it is disposable. The undergarment, in the preferred embodiment, may be comprised, all or in part, of liquid impermeable, biodegradable and inexpensive material substance, such as, but not limited to: latex, polyurethane, nitrile, rubber, vinyl, sheepskin, cellulose, plastic, silicon, spandex, cotton, cloth, rayon, nylon, viscose, vegan substance, and any other material that may be known now or used in the future by someone skilled in the art of making condoms, surgical gloves, and/or disposable gloves commonly used for medical purposes, and undergarments. In addition, the undergarment device may be comprised, all or in part, of one or more layers of substance material to provide protection and comfort.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Roth where the material used could be rayon or vinyl as taught by Waller as a matter of design choice and as a simple substitution of one know element for another to obtain predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dang(20110067706) teaches an Ejaculation Cap is a containment chamber and receptacle for semen from the penis resulting from sexual activity. The device is tubular with a closed end and an open end with the body of the device to covering the length of the penis. The closed end can be flat, circular, or gusseted. The material used can be of some soft, flushable, disposable or lubricated tissue or washable fabric. The construction can be seamed or seamless and made to fit different sized penises.
Pohlman(US 20050016546) teaches sheathing device is disclosed for use with a condom to form a prophylactic device to separate a male penis from a female vagina. The sheathing device includes: (i) a liner body formed substantially of a textile material and having an open end, a closed end, and a generally tubular shape adapted to receive the penis.
Schwartz(US 5513652) teaches Prophylactic devices, including devices for assisting and establishing and maintaining male erectile function, are disclosed. Devices and methods for facilitating male erectile function include open ended elastic sheaths having a plurality of woven strands in open weave configuration wherein the strands are movable longitudinally and individually of one another, with the sheath causing selective constriction around and/or along selected portions of the penis by differential external pressures applied to said selected portions so as to not impede arterial blood flow to the penis but impede venous blood flow from the penis and thereby establish and maintain the penis in an erectile position.
SEDIC(EP 2727566) teaches prophylactic device includes a base for receiving a portion of a body, a tip for containing body fluids, and a tubular body in between. The tubular body includes at least one area with a textured pattern, including lines running along the tubular body (e.g., lines running in at least three directions) that form shapes on the tubular body with portions of the lines forming edges of the shapes (e.g., circles, ellipses, polygons, etc.). The textured pattern forms a reinforcing mesh that wraps around the tubular body. A mold can be used for making the prophylactic device, where the mold includes different portions for receiving material(s), and is shaped to form the material(s) into the base, tip, and tubular body of the prophylactic device.
JP 2010504150 teaches disposable waste containment article is disclosed with a combination using two such articles simultaneously. The article has a body-side layer having a first surface and an outer periphery, and a layer for clothing that includes an outer periphery substantially coincident with the outer periphery of the body-side layer. An absorbent layer is disposed between the body side layer and the garment facing layer. A seal secures the body side layer to the garment facing layer. The seal is disposed inside the outer peripheral portion. An entry portion is formed in the body side layer and is aligned with one of the discharge ports present in the human body, and the discharge from the human body passes through the entry portion and is collected in the discharge containment article. The body side layer 12 can also be made of materials containing meltable components, such as fibers and / or polymeric binders. The fibers may be made of natural fibers such as cellulose-wood pulp, cotton, jute or hemp. As a variant, the fibers may be made of synthetic fibers such as glass fibers, rayon, polyester, polyolefin, acrylic resin, polyamide, aramid, polytetrafluoroethylene metal or polyimide. Combinations of natural and synthetic fibers can also be used.
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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