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 . 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 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.
Information Disclosure Statement
While Applicant is not required to file any Information Disclosure Statements, Applicant is reminded of their duty to disclose to the Office all information known to the Applicant to be "material to patentability as defined in 37 CFR 1.56." See MPEP §2001.04.
Specification/Claim Objections
The specification and claims appear to be to include improper translation into English from a foreign document for the terms “plug-in”, “plugged”, “an inner cavity of a hole-shaped part to be massaged” and “massage synapses”. The terms should be amended in both the specification and the claims to be consistent with the foreign priority application and with the ordinary meaning in the art. A review of foreign priority document CN118384017A, which corresponds to foreign application CN202410572837.7 appears to suggest at least the following terms should be amended as follows:
“plug-in” should be amended to recite --insertion--;
“plugged” should be amended to recite --inserted--;
“hole-shaped part” should be amended along the lines of --area--; and
“massage synapses” should be amended to recite --massage protrusions--.
See attached translation of foreign priority document. Appropriate correction is required.
Claims 2, 4 and 7 are further objected to because of the following informalities:
in claim 2 , lines 23, 24, 26 and claim 4, line 2 “driving rail connecting portion” should be amended to recite --driving rail connection portion-- to be consistent with line 10 of claim 2;
in claim 7, the claim ends with a comma rather than a period.
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.
Claim 3 is 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.
The term “suitable” in claim 3 is a relative term which renders the claim indefinite. The term “suitable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention in which the approximately cylindrical structure is suitable for being plugged into the hole-shaped part.
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.
Claims 1, 9-11 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Topolev (US 2016/0166466 A1) in view of Massey et al. (US 2016/0045392 A1) (Massey).
Referring to claim 1: Topolev teaches a crossed-finger swinging massage structure (see figures 3-4), comprising: a wand-shaped main body (see figures 3-4, #120) having a hand-held section and a massage section (see figure 4; reproduced below); the massage section is adapted to be plugged into an inner cavity of a hole-shaped part to be massaged (see paragraphs [0002] and [0005]); wherein the massage section comprises a first plug-in segment and a second plug-in segment (see figure 4; reproduced below); the first plug-in segment is a solid rod-shaped structure (see figure 4); the second plug-in segment is composed of a first finger-shaped arm (see figures 3-4, #122) and a second finger-shaped arm (see figures 3-4, #126) that are symmetrical about an axis N1 (see figure 4; reproduced below); a through gap (see figure 4; wherein it is clear there is a through gap formed between arms #122 and #126) exists between the first finger-shaped arm and the second finger-shaped arm, such that the first finger-shaped arm and the second finger-shaped arm exhibit a dual-finger structure form (see figures 3-4); the axis N1 is an axis of the massage section (see figure 4; reproduced below); and the first finger-shaped arm and the second finger-shaped arm can be controlled by driving force (see figures 3-4, #136; paragraphs [0006] and [0027]; wherein it is clear that the control system, #136, controls vibratory devices, #134, in each arm) in the inner cavity of the hole-shaped part to be massaged, so as to produce a massage effect on a side wall surface of the inner cavity of the hole-shaped part to be massaged (see paragraphs [0006] and [0027]).
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Topolev is silent to the second finger-shaped arm specifically being controlled by the driving force to swing in a crossed manner in the inner cavity of the hole-shaped part to be massaged, so as to produce squeezing or tapping massage effects on a side wall surface of the inner cavity of the hole-shaped part to be massaged to swing in a crossed manner. Massey teaches a crossed-finer swinging massage structure (see figure 20; paragraph [0118]-[0119]) comprising a massage section adapted to be plugged into an inner cavity of a hole-shaped part to be massaged (see abstract); wherein the massage section comprises a plug-in segment composed of a first finger-shaped arm (see figure 2, #2010/2020) and a second finger shape arm (see figure 20, #2030/2040) that are symmetrical about an axis; the first finger-shaped arm and the second finger-shaped arm can be controlled by driving force to swing in a crossed manner in the inner cavity of the hole-shaped part to be massaged, so as to produce squeezing or tapping massage effects on a side wall surface of the inner cavity of the hole-shaped part to be massaged (see figures 6A-D, 20 and 22; paragraphs [0082]-[0083], [0118]-[0119] and [0121]; wherein the fingers ##2010/2020 and #2030/2040 are configured to flex to mimic double finger “come hither” motion and transition from one vertical limit to another along the axis of the fingers to provide variable pressure to the cavity of the user). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the finger-shaped arms of Topolev with controlled flexing like taught by Massey in order to provide greater stimulation to the user through varying pressure stimulation (see paragraphs [0082]-[0083], [0118]-[0119] and [0121]).
Referring to claim 9: Topolev further teaches a first vibration device is installed inside each of the first finger-shaped arm and the second finger-shaped arm (see figures 3-4, #134; paragraphs [0006] and [0027]; wherein it is clear that the control system, #136, controls vibratory devices, #134, in each arm).
Referring to claim 10: Topolev teaches the crossed-finger swinging massage structure according to claim 1, and an auxiliary massage structure (see paragraph [0006]; wherein the device may be constructed with surface stimulating elements including additional stimulating elements to stimulate the external genital organs). Topolev is silent to the auxiliary massage structure is formed by branching the wand-shaped main body of the crossed-finger swinging massage structure, so as to provide massage effects on an outer surface of the hole-shaped part to be massaged. However, Massey further teaches an auxiliary massage structure (see figure 3B, #3055) formed by branching the wand-shaped main body of the crossed-finger swinging massage structure, so as to provide massage effects on an outer surface of the hole-shaped part to be massaged (see figures 3B and 9; paragraphs [0077]-[0078] and [0089]). 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 auxiliary massage structure of Topolev with a branched vibratory structure like taught by Massey in order to yield predictable results in providing external stimulation to the use while providing enhanced anatomical conformity.
Referring to claim 11: Massey further teaches the auxiliary massage structure is a vibrating massage structure, a negative-pressure sucking massage structure, or a reciprocating movement massage structure (see paragraphs [0077]-[0078]).
Referring to claim 14: Massey further teaches the first massage finger and the second massage finger of the crossed-finger swinging massage structure are bent in a swinging direction; and/or the first massage finger and the second massage finger of the crossed-finger swinging massage structure are bent in a direction perpendicular to the swinging direction (see figures 6A-D, 20 and 22; paragraphs [0082]-[0083], [0118]-[0119] and [0121]).
Referring to claim 15: Topolev further teaches the wand-shaped main body of the crossed-finger swinging massage structure is a linear wand-shaped main body or an arc-shaped wand-shaped main body (see figures 3-4; wherein the wand-shaped main body is a linear wand-shaped main body) .
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Topolev in view of Massey, as applied to claim 11 above, and further in view of Caggiano et al. (US Patent No. 8,622,890) (Caggiano).
Referring to claim 12: Massey further teaches the auxiliary massage structure is the vibrating massage structure equipped with a massage head (see figure 3B). Topolev, as modified by Massey, is silent to the massage head has a plurality of massage synapses protruding from a surface of the massage head. Caggiano teaches a female sexual stimulation device to aid in arousal of a female through clitoral and penetrative stimulation (see abstract), the device comprising an auxiliary massage structure (see figure 2, #26) including a plurality of massage synapses (see figure 2, #26A; column 2, lines 56-67) protruding from a surface of the auxiliary massage structure. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the massage head of Topolev, as modified by Massey, with a plurality of massage synapses like taught by Caggiano in order to provide enhanced clitoral stimulation.
Referring to claim 13: Caggiano further teaches the massage synapses are ball-shaped, block-shaped, or strip-shaped (see figure 2; column 2, lines 56-67).
Allowable Subject Matter
Claims 2 and 4-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and would be allowable based on its dependency on allowable claim 2.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 2, Topolev and Massey, as outlined above, are the closest prior art of record. Specifically, Massey teaches a driving motor; and the first finger-shaped arm has a first massage finger, a first hinge joint, and a first driving end; the second finger-shaped arm has a second massage finger, a second hinge joint and a second driving end; wherein the first massage finger and the second massage finger are disposed in parallel to form a parallel dual-finger structure (see figures 6A-D, 20 and 22; paragraphs [0082]-[0083], [0118]-[0119] and [0121]). The prior art does not teach or reasonably suggest, in combination with the additional limitations of the claim and the limitations of the base claim, the crossed-finger swinging massage structure further comprising: a supporting portion; a cross transmission assembly having an active end, a passive end, and a third hinge joint; and an eccentric drive assembly having a driving rail connection portion and a driving motor; the first finger-shaped arm and the supporting portion are hinged to the first hinge joint, the second finger-shaped arm and the supporting portion are hinged to the second hinge joint, and the cross transmission assembly and the supporting portion are hinged to the third hinge joint; the first massage finger can swing around an axis L1 at the first hinge joint, the second massage finger can swing around an axis L2 at the second hinge joint, and the cross transmission assembly can swing around an axis L3 at the third hinge joint; the axis L1 is coaxial with the axis L2, and the axis L3 is perpendicular to the axis L1; the first driving end is provided with an eccentric driving rail parallel to the axis L1, and the driving rail connecting portion is movably connected to the eccentric driving rail; the driving rail connecting portion is disposed at an eccentric position where the driving motor rotates, and the first finger-shaped arm swings around the axis L1 in response to the driving rail connecting portion rotating in an eccentric manner; and the active end of the cross transmission assembly is connected to the first driving end, and the passive end thereof is connected to the second driving end to form a seesaw reversing transmission structure, such that the first massage finger and the second massage finger can swing in a crossed manner.
Conclusion
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/KAYLEE R WILSON/Primary Examiner, Art Unit 3700
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