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 16, 18, 26, 30-31 are objected to because of the following informalities:
Claim 16 reads “data ins aid sensing data” and should be corrected to “data in said sensing data”.
Claim 18 reads “controller comprises pre-stored user preference data” and should be corrected to “controller is configured to store pre-stored user preference data”.
Claim 23 recites the limitation “at least first or second operation modes” and should be corrected to “at least a first or a second operation mode”.
Claim 26 reads “a dispending command” and should be corrected to a “a dispensing command”.
Claim 30 reads “until satisfaction is arrived” and should be corrected to “until a user arrives at satisfaction”.
Claim 31 reads “storing the suer preference data” and should be corrected to “storing the user preference data”.
Claim 33 reads “respective physiologic originated signals” and should be corrected to “respective physiological originated signals”.
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 2-4, 14, 23, 25, 26, 30 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.
Claims 2-4, 23, and 26 recite the limitation “generally-liquid substance” which renders the claim unclear. It is not specified in the claim or specification what defines a substance to be “generally liquid”. For examination purposes, this term is being interpreted as a gel or liquid substance.
Claim 14 recites the limitation "said at least one temperature sensor and said at least one additional temperature sensor". There is insufficient antecedent basis for this limitation in the claim. There is only one sensor claimed in claim 1 and no one or more temperature sensors claimed previous to this claim. It is recommended that this claim be dependent on claim 13.
Claim 25 recites the limitation “said at least one pump ” There is insufficient antecedent basis for this claim. There is no pump previously claimed in claim 1. For examination purposes, this claim will be treated as dependent on claim 2.
Claim 26 recites the limitation “dosage of said generally liquid substance” and “the released dosage of said generally liquid substance”. There is insufficient antecedent basis for these limitations. It is suggested to amend this claim to depend on claim 2 and amend “the released dosage of said generally liquid substance” to “an amount of said generally liquid substance that is delivered”.
Claim 30 recites the limitation “the stimulating substance” and “the cartridge”. There is insufficient antecedent for these limitation in this claim. There is no previous limitation for a stimulating substance or a cartridge in claim 30 or in claim 1.
Claim 30 recites the limitation “said dispensing control member”. There is insufficient antecedent for this limitation in this claim. There is no previous limitation for a dispensing control member in claim 30 or in claim 1.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 8-10, 18, 31-32 , is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zipper (US 10413473).
Regarding claim 1, Zipper discloses an adult sex toy comprising:
a structure comprising a main head configured to be inserted into a user's cavity; (column 15, line 15 “slidingly engage vaginal finger 200 in the female user's vagina” The examiner notes that the vaginal finger is the main head.)
at least one moving member configured to generate selected vibration movement of said structure; (Column 15, line 20 “The application of light energy or mechanical simulation, or both, at or near the G-spot and/or clitoris in continuous fashion, or in patterns of vibration”
at least one sensor located in said main head of said structure and operable for generating sensing data indicative of at least one parameter collected from the user's body cavity; (Column 29, line 67 “Pressure sensor 1200 may be located in any surface of the invention but is preferably located in vaginal finger 200.”.)
and a controller connectable to said at least one sensor, said controller is configured and operable for receiving and processing said sensing data and for selectively operating said at least one moving member in accordance with one or more conditions determined based on said sensing data. (column 40, line 26 “controller 501 may process signals produced by pressure sensor 1200 so as to determine the pressure by which the vaginal finger of the invention 200 is being pressed against a body surface of a user.” Column 40, line 63 “By sensing the pressure between the sexual stimulation device of the invention and a body surface of user, controller 501 may execute computer readable instructions stored in non-transitory computer readable memory 502 to change at least one parameter of sexual stimulation applied to the user's body in response to the indicated pressure”)
Regarding claim 8, Zipper discloses the device of claim 1 and further discloses wherein said moving member further comprising at least one motor, said controller is further connectable to said motor for selectively controlling one or more parameters of operation of said at least one motor in accordance with said sensing data. (col 41, line 21 “The intensity of vibration of clitoral vibrator 304 and vaginal vibrator 204 may be controlled by pulse width modulation (PWM) control of power to the vibrator motor by controller 501” col 45, line 59 “controller 501 may execute instructions comparing the physiological information provided by physiologic sensors to at least one predetermined physiologic state parameter value to arrive at a variance between the sensed physiologic parameter and the predetermined physiologic parameter value.”)
Regarding claim 9, Zipper discloses the device of claim 1 and further discloses wherein said controller comprises at least one processor and memory and is configured to received and store input data indicative of one or more predefined user preference modes (col 27, line 26 “Controller 501 may comprise any electrical components, which, either alone or in combination, are known in the art for executing commands, which may be in the form of computer readable instructions, and providing an output based on user inputs, pre-programmed data stored in non-transitory computer readable memory 502, or combinations thereof.” The examiner notes the output based on user inputs is a predefined user preference mode.); said controller is further configured for processing said sensing data in accordance with said one or more user preference modes. (col 32, line 62 “The physiological information processed by the physiological sensors may then be communicated to controller 501 by wires, optically, or wirelessly, where computer instructions, which may be stored in non-transitory computer readable memory 502, may be executed by controller 501, which is in communication with the means for mechanical stimulation and light sources of the invention, thus allowing controller 501 to control of the mechanical stimulation and light energy by controlling such parameters as on state, off state, intensity, frequency, pulsed operation, shapes of pulses, and various waveforms such as sinusoidal or otherwise to achieve a desired sexual stimulation effect on the user in response to the measured physiological information.”)
Regarding claim 10, Zipper discloses the device of claim 1 and further discloses
wherein said at least one sensor comprises at least one pressure sensor positioned near top end of said moving member and one or more additional pressure sensors located at one or more positions along said moving member; (Col 33, line 9 “The invention may comprise various physiologic sensors such as, for example, pulse oximeter sensors, electromyography sensors, pressure sensors or other sensors either alone or in any combination. The sensors may disposed in the invention in vaginal finger 200, clitoral finger 300, or handle portion 400;” col 29, line 66 “Pressure sensor 1200 may be located in any surface of the invention but is preferably located in vaginal finger 200.” The examiner notes in figure 21, pressure sensor 1200 is in the top end of the moving member and the pressure sensor may be in combination with other pressure sensors that may be disposed in other sections of the device (section 300 or 400).)
said at least one pressure sensor and one or more additional pressure sensors are operable for providing sensing data indicative of time-varying pressure applied thereon,
said data on time-varying pressure being indicative of use and user stimulation level and said sensing data comprises data indicative of time-varying pressure along said moving member. (col 40, line 60 “The pressure that is applied by the user may vary during the use of the invention, and may be used as an indicator as to which stage of the sexual response cycle a user is experiencing. By sensing the pressure between the sexual stimulation device of the invention and a body surface of user, controller 501 may execute computer readable instructions stored in non-transitory computer readable memory 502 to change at least one parameter of sexual stimulation applied to the user's body in response to the indicated pressure, or, in the instance of a plurality of pressures sensors, pressures.”)
Regarding claim 18, Zipper discloses the device of claim 1 and further discloses wherein the controller comprises pre-stored user preference data (col 5, line 11 “device and method of the invention may also use such memory to store self-initiated changes of at least one parameter of sexual simulation being applied to a user's body by the sexual stimulation device for future recall and use” The examiner notes the self-initiated changes are the user preference data.) and wherein said controller is configured and operable for receiving and processing sensing data from the at least one sensor in accordance with user preference data and determining user stimulation level during operation (col 27, line 26 “Controller 501 may comprise any electrical components, which, either alone or in combination, are known in the art for executing commands, which may be in the form of computer readable instructions, and providing an output based on user inputs, pre-programmed data stored in non-transitory computer readable memory 502, or combinations thereof.” col 5, line 24 “the user may opt to utilize read the stored changes from memory and command the device to initiate such changes automatically during use by the user.” Col 45, line 52 “As the initial sexual stimulation of step 2000 is applied to a user, at least one, but preferably, a plurality of physiologic sensors sense the physiologic parameters while the user is being sexually stimulated in step 2001.” The examiner notes that the physiologic parameters are indicators of the user stimulation level during operation.); and wherein said controller is configured and operable for correlating sensing data collected from one or more sensors collecting respectively one or more different types of sensing data for determining user stimulation level during operation. (col 2, line 41 ““Physiologic parameters” as used herein means heart rate; temperature blood oxygenation saturation of hemoglobin, or simply “blood oxygen saturation”; blood pressure, secretion of fluids, or electrical activity of muscles as measured by electomyographic means.”)
Regarding claim 31, Zipper discloses a method for operating an adult sex toy and further discloses
obtaining user preference data, and storing the user preference data in a memory; - responding to user initiation instruction for operating the adult sex toy; (col 5, line 11 “device and method of the invention may also use such memory to store self-initiated changes of at least one parameter of sexual simulation being applied to a user's body by the sexual stimulation device for future recall and use” The examiner notes the self-initiated changes are the user preference data.” )
operating one or more moving members for stimulating one or more selected user body parts; (col 28, line 47 “vaginal vibrator 204, and clitoral vibrator 304 may thus be individually commanded by controller 501 to operate in any patterns desired by the user, which patterns may be coordinated in order to achieve a desired stimulation effect in the user. The patterns of control are discussed below.”)
collecting sensing data comprising at least one of: pressure variations, heart rate, humidity, and temperature, from vicinity of the one or more selected user body parts; (col 33, line 9 “The invention may comprise various physiologic sensors such as, for example, pulse oximeter sensors, electromyography sensors, pressure sensors or other sensors either alone or in any combination. The sensors may disposed in the invention in vaginal finger 200, clitoral finger 300, or handle portion 400;”)
varying operation of the one or more moving members in accordance with said sensing data and respective user preference data to bring the user to satisfaction; (col 46, line 7 “Controller 501 may execute a sequence of computer readable instructions stored in non-transitory computer readable memory 502, which results in the changing of the parameters of the sexual stimulation being applied to the user in step 2003”)
updating stored user preferences based on sensing data for additional use sessions. (col 5, line 21 “If the user finds that such changes result in a better user experience, the user may opt to save such changes to non-transitory computer readable or other memory.”)
Regarding claim 32, Zipper teaches further comprising processing the sensing data and determining user stimulation level accordingly. (col 45, line 66 “For instance, the predetermined desired physiologic parameter value may be a predetermined heart rate, a predetermined blood oxygenation level, or a predetermined level of electromyographic activity. If the variance is below a predetermined threshold, “Y” of step 2002, and if the user has not completed the sexual activity “N” of step 2005, then the applied sexual stimulation is continued, and the process repeats. If the variance is above a predetermined threshold, “N” of step 2002,”)
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zipper.
Regarding claim 12, Zipper teaches the device of claim 1 and further teaches wherein said at least one sensor comprises at least one temperature sensor, said sensing data comprises temperature variation data (col 2, line 61 “ “Physiologic sensor”, “sensor” or “sensors” may include but is not limited to pulse oximeters, digital temperature sensors,”) but fails to teach the sensor is at the top of end of the moving member.
However, Zipper does teach an embodiment with a sensor located at the top end of the moving member. (figure 21, element 1200; The examiner is modifying the sensor in figure 21 to be a temperature sensor instead of a pressure sensor.)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the sensor taught by Zipper to be a temperature sensor. One of ordinary skill would have been able to recognize that every user would require different needs to achieve stimulation and that this would be a simple substitution of one known element in the art to obtain the predictable results of sensing physiological parameters inside a user’s cavity.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zipper in view of Howsam (US 2014/0148740).
Regarding claim 2, Squicciarini discloses the device of claim 1 but fails to disclose that the device further comprises a compartment having an inner volume and adapted to contain with a selected generally-liquid substance, a main conduit configured to deliver said generally-liquid substance from said compartment through a main liquid delivery port, and at least one pump adapted for pumping said generally liquid substance through said main conduit, said controller is further configured to operate said at least one pump for delivering said generally- liquid substance through said main liquid delivery port in accordance with one or more conditions determined based on said sensing data.
Howsam teaches an adult toy with a lubricating system with the following elements:
a compartment having an inner volume and adapted to contain with a selected generally-liquid substance (paragraph [0014] “allows loading of a one-use reservoir cartridge into an internal compartment of the core. The cartridge contains lubricant,”)
a main conduit configured to deliver said generally-liquid substance from said compartment through a main liquid delivery port (paragraph [0035] “lubricant delivery pipe 408” paragraph [0047] “The pipe 408 of the lubricant delivery system terminates in the passageway 174 of the nipple 172 so that, in use, fluid flowing through the lubricant delivery system would controllable ooze or flow from the nipple aligned orifice 176” The examiner notes the element 176 as the main liquid delivery port.)
and at least one pump adapted for pumping said generally liquid substance through said main conduit, (paragraph [0053] “internally-located peristaltic pump to delivery lubricant on a controlled basis to exude from the nipple 172”)
said controller is further configured to operate said at least one pump for delivering said generally- liquid substance through said main liquid delivery port in accordance with one or more conditions determined based on said sensing data. (paragraph [0037] “microcontroller 202 (or the like) that executes program instructions (stored in memory 204) that exercise control over one or more motors and/or pumps” The examiner notes that Squicciarini teaches a controller that takes into account sensing data and adjusts various parameters of the device and would therefore with addition of the lubricant system of Howsam would be adjusting/operating the pump system)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the device taught by Zipper in view of Howsam. One of ordinary skill in the art would have been able to recognize that current techniques for lubrication of sexual organs require manual interaction to be performed during masturbation or play (perhaps curtailing or temporarily stopping sensation and enjoyment), and a bottle or tube of clearly labelled lubricant to be carried or stored discreetly. Further, past methods of releasing lubrication required shaking of the device to release the liquid from the chamber. See paragraphs [0007] – [0008] of Howsam.
Regarding claim 25, Zipper and Howsam teach the device of claim 2 and Zipper further teaches wherein said controller comprises stored data indicative of one or more operational programs preselected by a user (col 27, line 26 “Controller 501 may comprise any electrical components, which, either alone or in combination, are known in the art for executing commands, which may be in the form of computer readable instructions, and providing an output based on user inputs, pre-programmed data stored in non-transitory computer readable memory 502, or combinations thereof…. Computer readable non transitory memory 502 may be utilized to store pre-programmed modes of operation and to store other computer readable information as may be required by controller 501.”), and for processing said sensing data to determine one or more operational parameters of said at least one moving member (col 16, line 37 “Due to the programmable nature of controller 501 the depressible control buttons of the invention may be programmed to provide any combination of vibrator or light source on state, vibrator or light source off state, intensity of light, intensity of vibration, selection of pre-programmed vibration pulse shapes or continuous operation, selection of pre-programmed light energy pulse shapes or continuous operation, test modes, light energy and vibration display modes, and the like, may be programmed into the invention, selected and operated by a user pressing the depressible control buttons of the invention, which may be programmed to command any of these operations. Mechanical stimulating components other than vibrating motors may be substituted for vibrating motors and similarly controlled.”) but fails to teach operating at least one pump in accordance with a selected operational program in said stored data.
Howsam teaches the operation of a pump in an adult sex toy. (paragraph [0037] “The handle, as discussed before, includes the control electronics 200 responsive to a microprocessor or microcontroller 202 (or the like) that executes program instructions (stored in memory 204) that exercise control over one or more motors and/or pumps.” The examiner notes that Zipper teaches operating modes and modifying that system to control the pump as taught by Howsam would operate at least one pump in accordance with a selected operational program.)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the system taught by Zipper and Howsam to have a pump operational mode. One of ordinary skill in the art would have been able to recognize heightened experience is obtained from lubrication and timely lubrication avoids potential soreness. However, current techniques for lubrication of sexual organs require manual interaction to be performed during masturbation or play (perhaps curtailing or temporarily stopping sensation and enjoyment), and a bottle or tube of clearly labelled lubricant to be carried or stored discreetly. See paragraph [0007] of Howsam.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zipper in view of Howsam further in view of Furey (US 2005/0109795).
Regarding claim 3, Zipper in view of Howsam teach the device of claim 2, but fails to teach further comprising at least one auxiliary conduit configured to deliver said generally liquid substance from the compartment through an auxiliary delivery port distant from the main liquid delivery port; said at least one pump is further adapted for pumping said generally liquid substance through said auxiliary conduit and through said main conduit.
Furey teaches a pump system with an additional conduit to dispense liquid from a compartment (paragraph [0031] “the fluid dispensing device 10 can employ a manifold assembly 68 to subdivide the dispense-side conduit 80 into a plurality of sub-branches 80a, 80b, and 80c. To control flow, each conduit sub-branch is provided with its own peristaltic pump 50a, 50b, and 50c.” The examiner notes that there is an auxiliary conduit (50b) delivering a liquid substance from reservoir (60) into a delivery port separate from the main liquid delivery port as each pump (50a-c) goes to a separate destination.)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the system taught by Zipper in view of Howsam. One of ordinary skill in the art would have been able to recognize that it would be desirable to dispense a lubricant to both an inserted portion of the toy and an external portion of the toy to stimulate the clitoral region as noted in Zipper col 15, line 27 “applying lubrication, a lubricating light coupling agent or a combination of such agents as desired to vaginal finger 200 or clitoral finger 300, or both,”).
Regarding claim 4, Zipper in view of Howsam teach the device of claim 2 but fails to teach wherein the at least one pump comprises a first peristaltic pump configured to pump the generally liquid substance from said compartment through the main conduit, and a second peristaltic pump configured to pump the generally liquid substance from said compartment through the auxiliary conduit.
Furey teaches a pump system with more than one pump that will pump a liquid substance through a main conduit and an auxiliary conduit. (paragraph [0031] “the fluid dispensing device 10 can employ a manifold assembly 68 to subdivide the dispense-side conduit 80 into a plurality of sub-branches 80a, 80b, and 80c. To control flow, each conduit sub-branch is provided with its own peristaltic pump 50a, 50b, and 50c.” paragraph [0044] “dispense-side peristaltic pump 50” The examiner notes that there is a main conduit (80a), an auxiliary conduit (80b), and more than peristaltic pump (50a-c) delivering a liquid substance from reservoir (60) into a separate destinations.)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the system taught by Zipper in view of Howsam. One of ordinary skill in the art would have been able to recognize that it would be desirable to dispense a lubricant to both an inserted portion of the toy and an external portion of the toy to stimulate the clitoral region as noted in Zipper col 15, line 27 “applying lubrication, a lubricating light coupling agent or a combination of such agents as desired to vaginal finger 200 or clitoral finger 300, or both,”).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zipper in view of Shahoian (US 10932988) further in view of Kemp (US 2019/0343715).
Regarding claim 13, Zipper teaches the device of claim 12, and further teaches further comprising at least one additional temperature sensor positioned at distal end of said moving member, such that said additional temperature sensor is external to said user's body cavity when said moving member is inserted into the user's body cavity (col 6, line 36 “the invention may comprise a handle portion which may house control elements such as buttons and switches, and sensor elements such as accelerometers, temperature sensors, and other environmental sensors known in the art;” The examiner notes that the handle portion (element 400) of the device is not inserted into the user’s cavity like element 200 therefore the temperature sensor is positioned external at the distal end of the moving member.), but fails to teach that said additional temperature sensor provides sensing data indicative of external temperature, said sensing data thereby comprises data indicative of temperature difference between said at least one temperature sensor and said at least one additional temperature sensor.
Shahoian teaches a sex toy with a temperature sensor that can detect changes to the surrounding environment. (Col 21, line 27 “The interactive sex toy will also include one or more sensors that are able to detect changes to the surrounding environment such as pressure, temperature”)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify Zipper in view of Shahoian. One of ordinary skill in the art would have been able to recognize that the surrounding environment of a user would influence sexual and should be considered in the feedback process.
However, both Zipper and Shahoian does not teach that the sensing data comprises data indicative of temperature difference between said at least one temperature sensor and said at least one additional temperature sensor.
Kemp teaches a sexual stimulation device that measures data indicative of a change in temperature between an internal and external environment. (paragraph [0006] “If the device enters a female body such as vagina, the temperature rises up to the human body temperature and the device is triggered to operate.” paragraph [0055] “the temperature sensor of external positioning sensor unit 140 measures the change in temperature on the surface of device 100” The examiner notes that the change in temperature on the surface of the device while inserted in a user’s cavity would be equal to the difference between the two temperature sensors (external and internal).)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the system taught by Zipper and Shahoian in view of Kemp to measure the change in temperature between internal and external. One of ordinary skill in the art would have been able to recognize that the combination of these elements would yield the predictable results of measuring the various temperatures in the stimulated genital area in a sex toy and to know when to trigger the device to operate (paragraph [0006] of Kemp).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zipper in view of Kemp.
Regarding claim 14, Zipper teaches the device of claim 1 but fails to teach wherein said controller is configured for processing said sensing data to determine temperature difference in data obtained from said at least one temperature sensor and said at least one additional temperature sensor, said controller is configured to use data on said temperature difference and determine data on presence of said moving member within said user's body cavity-; and wherein said controller is configured to determine environment status indicative of presence of said moving member within said user's body cavity based on temperature data collected by the at least one sensor.
Kemp teaches a sexual stimulation device with the following components:
wherein said controller is configured for processing said sensing data to determine temperature difference in data obtained from said at least one temperature sensor and said at least one additional temperature sensor, (paragraph [0033] “Sensor network 140 may have one or more temperature sensors” The examiner notes that Zipper teaches one temperature sensor and is modifying the system to have an additional temperature sensor as taught by Kemp.)
said controller is configured to use data on said temperature difference and determine data on presence of said moving member within said user's body cavity (paragraph [0055] “In another example, external positioning sensor unit 140 includes a temperature sensor. In this example, when a portion of device 100 enters a user's body or is pulled out of the user's body, the temperature sensor of external positioning sensor unit 140 measures the change in temperature on the surface of device 100 and enables control unit 170 to operate other parts of device”)
and wherein said controller is configured to determine environment status indicative of presence of said moving member within said user's body cavity based on temperature data collected by the at least one sensor. (paragraph [0006] “In one example, a temperature sensor is used to measure temperature on the surface of the device. If the device enters a female body such as vagina, the temperature rises up to the human body temperature and the device is triggered to operate”)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the system taught by Zipper in view of Kemp. One of ordinary skill in the art would have been able to recognize that some sexual stimulation devices are passive, meaning that they do not generate any motion by itself and are supposed to be manipulated by a user's hand. These devices demand constant control of movements by their users, so that users are distracted from focusing on taking pleasures and it would be obvious to create a device that is responsive to the presence of the user for enhanced sexual arousal. See paragraph [0003] of Kemp.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zipper in view of Giacomini (US 2021/0060287).
Regarding claim 16, Zipper teaches the device of claim 1 but fails to teach wherein said at least one sensor comprises at least one conductivity sensor, said controller is configured for processing conductivity data ins aid sensing data to determining one or more parameters comprising at least data on liquid material composition around said moving member.
Giacomini teaches a stimulation device with a conductivity sensor that can sense moisture levels. (paragraph [0061] “a skin conductivity sensor” and “Non-limiting examples of data that may be received from the sensor include heart rate, pulse, ambient temperature, user temperature, humidity/moisture levels,” The examiner is modifying sensor Zipper element 1200 in figure 21 to be a conductivity sensor. The examiner notes that this modification would allow the sensor to sense liquid material composition around said moving member.)
It would be prima obvious to one of ordinary skill in the art before the effective filing date to modify the sensor taught by Zipper to be a conductivity and moisture sensor. One of ordinary skill would have been able to recognize that every user would require different needs to achieve stimulation and that this would be a simple substitution of one known element in the art to obtain the predictable results of sensing physiological parameters inside a user’s cavity.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zipper in view of Dematio (US 9173806).
Regarding claim 17, Zipper teaches the device of claim 1 and further teaches wherein said controller is configured for processing said sensing data to determining data indicative of heart rate of a user (column 2, line 61 “ “Physiologic sensor”, “sensor” or “sensors” may include but is not limited to pulse oximeters, digital temperature sensors, EMG sensors, heart rate sensors,”) and utilizing said heart rate data to determine estimated stimulation level of the user. (col 35, 46 “Such desired level of stimulation may be modulated by the invention to achieve a desired effect on the user utilizing the measured physiological condition of the user as a constant or repetitive input, and allowing closed-loop control of the mechanical stimulation, therapeutic light stimulation, and/or auditory stimulation of the invention to produce a desired effect on the user. Such desired effect may be, for example, a particular level or pattern of heart rate of the user.”)
However, Zipper fails to teach data indicative of heart rate of a user based on periodic variations in said sensing data in the range of 50 to 200 beats per minute.
Dematio teaches a system and a method for a stimulation device that measures thresholds and ranges of heart rates. (col 7, line 28 “Threshold module 335 may be a hardware processing device configured to determine bio feedback thresholds and ranges. The thresholds and/or ranges may indicate that a user's bio feedback data has increased and/or decreased past a certain metric. For example, threshold module 335 may include a set threshold, wherein the set threshold is a certain number of beats per minute and/or a certain number of beats per minute above or below the user's baseline heart rate.”)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify Zipper in view of Dematio. One of ordinary skill in the art would have been able to recognize that combining these prior art elements would yield the predictable results to measure heart rate of a user using beats per minute units in a stimulation device.
While both Zipper and Dematio are silent on sensing data in the range of 50 to 200 BPM, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date modify the system taught by Zipper and Dematio to detect heart rate in the range of 50 to 200 BPM. One of ordinary skill would have been able to recognize that even though where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. Please see MPEP 2144, section II, A; in re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); and in re Geisler, 116 F.3d 1465, 1470, 43 USPQ2d 1362, 1366 (Fed. Cir. 1997).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zipper in view of Riefller (US 2019/0240148) further in view of Cambridge (US 2020/0163825).
Regarding 23, Zipper teaches the device of claim 1 and further teaches a system that operates in multiple modes (column 41, line 5 “ For instance controller 501 may command a particular mode of operation of the lights of the invention, the vibration means of the invention, or may cause sounds to emanate from speaker 876.” The examiner notes figure 11 showing multiple modes the system can operate in.) but fails to teach wherein said generally-liquid substance comprises one or more active elements comprising THC or CBD and wherein said controller is configured to receive input data indicative of presence of one or more active elements in said generally liquid substance.
Riefler teaches a lubricant composition that comprises one or more active elements comprising THC or CBD. (paragraph [0008] “A further embodiment provides a personal lubricant. The lubricant composition includes a THC emulsion, CBD emulsion, water, terpenes, and a thickening agent. The THC emulsion, CBD emulsion, water, cannabis terpenes, and thickening agent are combined as a lubricant.”)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to use a lubricant in the system taught by Zipper as taught by Riefler. One of ordinary skill in the art would have been able to recognize that a personal lubricant composition that includes Tetrahydrocannabinol (“THC”) and Cannabidiol (“CBD”), alone or in combination, can increase a user's sensation and pleasure, such as by increasing sensation, such as a tingling effect, and increasing orgasmic potential, including longer and stronger orgasm. See paragraph [0014] of Riefler.
However, both Zipper and Riefler are silent on the controller receiving input data indicative of presence of one or more active elements in said generally liquid substance and to selectively operate in at least first or second operation modes selected in accordance with presence of active elements in said generally liquid substance.
Cambridge teaches a sexual stimulation device that is designed to receive user input on preferences regarding masturbation. (paragraph [0033] “A user can provide inputs regarding specific vibrational settings, patterns or other characteristics regarding the masturbation device 201 via the input module 214.” The examiner would be modifying the system taught by Zipper and Riefler to receive user provided input data on other characteristics pertaining to the user’s preference for sexual stimulation, such as lubricant. This would then make the system taught by Zipper and Riefler selectively operate in at least first or second operation modes selected in accordance with presence of active elements in said generally liquid substance.)
It would be prima facie obvious to one of ordinary skill in the art to modify the system taught by Zipper and Riefler in view of Cambridge. One of ordinary skill in the art would have been able to recognize that every user would require customized settings for achieving sexual stimulation.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zipper in view of Howsam further in view of Murison (US 2018/0169529) further in view of Buergy (CN 113864625).
Regarding claim 26, Zipper and Howsam teach the device of claim 26, and Zipper further teaches wherein said one or more operational programs comprise data on at least first short duration (figure 11, exemplary mode of operation shows a shorter durations in the elapsed time row (ex: 0-60 sec)) and a second longer duration (figure 11, exemplary mode of operation shows a longer duration in the elapsed time row (ex: 60-180 secs)), and wherein in response to selection of said second duration said controller is configured to perform repeatedly:
modify at least one of
(i) a moving command to modify at least one of moving magnitude and speed of said moving member; (col 46, line 7 “Controller 501 may execute a sequence of computer readable instructions stored in non-transitory computer readable memory 502, which results in the changing of the parameters of the sexual stimulation being applied to the user in step 2003.” Col 10, line 31 “While the vibrators of the preferred embodiment may exhibit any rate of vibration, a preferred range of vibration rate is 5,000 to 25,000 rpm.” The examiner notes in figure 11 there are low, medium, and high vibration patterns and intensities that could be adjusted to.)
However, Zipper and Howsam fails to teach determining if, based on said sensing data, the stimulation intensity will lead to satisfaction faster or slower than said desired duration and modifying parameters in response.
Murison teaches a sensor system for enhancing interaction with adult devices that can determine if, based on said sensing data, the stimulation intensity will lead to satisfaction faster or slower than said desired duration and modifying parameters in response. (paragraph [0037] “, based at least on the generated predictive profile(s), the learning intelligence (206A) may then adjust stimulation, provided by the adult device(s) interacting with the user, to coincide with the user's objectives (e.g., speed to which an orgasm is achieved, frequency of orgasms within a session, etc.) and other items learned over time for the particular user or the user's partner.”)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the system taught by Zipper and Howsam in view of Murison. One of ordinary skill in the art would have been able to recognize that analytics and learning intelligence (in the form of adaptive learning or behavioral pattern prediction) may be implemented (either as part of the framework or separately), which serves to discover appropriate connections, mappings, or associations between adult device characteristics/settings and measured sensor information (including user biometrics, forces, pressure, motion, etc.). These connections, in turn, may be further examined and improved over time by the platform and/or third-party providers to develop and/or improve user experiences with respect to health, wellness, and/or sexual activities involving adult devices. See the abstract of Murison.
But Zipper, Howsam, and Murison all fail to teach a dispensing command to modify the released dosage of said generally liquid substance from the compartment.
Buergy teaches an automatic lubricating control system that adjusts the lubrication amount based on an input signal. (pg 5, par 5 “the lubrication control system is configured to receive a user input defining a quantity of lubricant dispensed by the dispenser, and to increase or decrease a specified number of piston strokes based on the amount of lubricant to be dispensed.”)
It would be prima facie obvious to one of ordinary skill in the art to modify the system taught by Zipper and Howsam to have an automated control system to vary the amount of lubrication needed. One of ordinary skill in the art would have been able to recognize that every user would require different amounts of lubrication for sexual stimulation.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zipper in view of Murison (US 2018/0169529) in view of Howsam.
Zipper teaches a method for controlling a battery operated (col 10, line 1 “a handle which may comprise a keypad, controller, and a battery”) adult sex toy configured according to claim 1 (please see claim 1 rejection) the method comprising:
using at least one pre stored user preference data until user’s sexual stimulation arrives to satisfaction (paragraph [0037] “, based at least on the generated predictive profile(s), the learning intelligence (206A) may then adjust stimulation, provided by the adult device(s) interacting with the user, to coincide with the user's objectives (e.g., speed to which an orgasm is achieved, frequency of orgasms within a session, etc.) and other items learned over time for the particular user or the user's partner.” The examiner notes that the predictive profile is the pre stored user preference data.)
obtaining, from said at least one sensor, sensing data indicative of one or more physiologic originated signals from the user's body; said physiologic originated signals being informative of the sexually stimulation intensity of the user while using the toy; (col 45, 66 “the predetermined desired physiologic parameter value may be a predetermined heart rate, a predetermined blood oxygenation level, or a predetermined level of electromyographic activity. If the variance is below a predetermined threshold, “Y” of step 2002, and if the user has not completed the sexual activity “N” of step 2005, then the applied sexual stimulation is continued, and the process repeats.”)
processing sensing data to determine respective physiologic originated signals (col 40, line 26 “controller 501 may process signals”) and determining at least one of:
a moving command for controlled modification of the magnitude of move of the moving member, (col 46, line 7 “Controller 501 may execute a sequence of computer readable instructions stored in non-transitory computer readable memory 502, which results in the changing of the parameters of the sexual stimulation being applied to the user in step 2003.” Col 10, line 31 “While the vibrators of the preferred embodiment may exhibit any rate of vibration, a preferred range of vibration rate is 5,000 to 25,000 rpm.” The examiner notes in figure 11 there are low, medium, and high vibration patterns and intensities that could be adjusted to.)
But fails to teach using at least one pre stored user preference data comprising at least data indicative of desired duration of operation of the toy until user's sexual stimulation arrives to satisfaction; and a dispensing command, for controlled dispensing of the stimulating substance from the cartridge by said dispensing control member, thereby substantially matching the actual duration of operation of the toy with the desired input duration of operation, until satisfaction is arrived.
Murison teaches using at least one pre stored user preference data comprising at least data indicative of desired duration of operation of the toy until user's sexual stimulation arrives to satisfaction, thereby substantially matching the actual duration of operation of the toy with the desired input duration of operation, until satisfaction is arrived; (paragraph [0037] “Continuing with the example, based at least on the generated predictive profile(s), the learning intelligence (206A) may then adjust stimulation, provided by the adult device(s) interacting with the user, to coincide with the user's objectives (e.g., speed to which an orgasm is achieved, frequency of orgasms within a session, etc.) and other items learned over time for the particular user or the user's partner.”)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the pre stored user preferences of Zipper to add duration as taught by Murison. One of ordinary skill in the art would have been able to recognize that user experience would be enhanced if it is tailored to the user’s individual needs for sexual stimulation.
However, both Zipper and Murison both fails to teach a dispensing command, for controlled dispensing of the stimulating substance from the cartridge by said dispensing control member.
Howsam teaches an adult toy with a lubrication system that will dispense a stimulating substance following a command from a controller. (paragraph [0014] “Under selective microprocessor control, the peristaltic pump spins its rotor assembly to engage and squeeze part of the pipe network, with this squeezing effect encouraging lubricant, liquid hormonal stimulant or other chemical solution to exit the cartridge and controllable flow through the pipe network for eventual and generally rapid egress from a nozzle.”),
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the system taught by Zipper in view of Murison. One of ordinary skill in the art would have been able to recognize that user experience would be enhanced if it is tailored to the user’s individual needs for sexual stimulation.
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zipper in view of Strong (US 2012/0304216).
Regarding claim 33, Zipper teaches the method of claim 32, but fails to teach wherein said processing user stimulation level comprises determining a combination of time correlated of one or more of pressure variation frequency within range between 0.5Hz and 2Hz, heart rate increase within the range 10%-25% of initial heart rate temperature increase between 0.5°C and 3°C, and humidity increase that is not related to lubricant dispensing.
Strong teaches a system wherein said processing user stimulation level comprises determining a combination of time correlated of one or more (paragraph [0051] “the start and end of the particular erotic scene that has excited the viewing user is demarked by a suitable identifier, such as a time stamp, a tag, or the like”) heart rate increase within the range 10%-25% of initial heart rate (paragraph [0048] “if the viewing user's heart rate increases from a resting rate to 180 beats per minute, and/or changes by 30% or more, then the teledildonic device interface system 100 may determine that the viewing user is likely in a highly excited state.”).
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the system taught by Zipper and Howsam in view of Strong. One of ordinary skill in the art would have been able to recognize that there are physiological parameters indicative of a high level of sexual arousal. See paragraph [0008] of Strong.
However, Zipper, Howsam and Strong are silent on the specific range claimed for heart rate.
It would be prima facie obvious to modify the system taught by Zipper in view of Strong. One of ordinary skill would have been able to recognize that even though where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. Please see MPEP 2144, section II, A; in re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); and in re Geisler, 116 F.3d 1465, 1470, 43 USPQ2d 1362, 1366 (Fed. Cir. 1997).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cambridge (US 2020/0163825) teaches a dildo with a sensor to dynamically adjust the vibration pattern.
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/A.L.D./Examiner, Art Unit 3791
/JACQUELINE CHENG/Supervisory Patent Examiner, Art Unit 3791
