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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/30/2025 has been entered.
Response to Amendment
Claims 1-3, 5, and 9 have been amended. The previous objection to claim 9 has been withdrawn in view of Applicant’s amendments. Claims 1-5 and 7-10 remain pending.
Claim Objections
Claims 1-3, 5, and 8, and claims 4, 7, and 9-10 by dependency, are objected to because of the following informalities:
Claims 1-3, 5, and 9 contain multiple instances of the limitation “at least 3 tentacles” which should read --at least three tentacles--.
Claim 1 recites the limitation “a covering cavity” in line 12 which should read --the covering cavity--.
Claim 2 recites the limitations “the at least one tentacle is” in line 1-2 and “the tentacle is” in line 4, which should both read --the at least three tentacles are-- to maintain consistent terminology.
Claim 3 recites the limitation “the tentacle is” in line 1, which should read --the at least three tentacles are-- to maintain consistent terminology.
Claim 3 recites the limitation wherein the tentacles are “provided extending upward from the upper portion of the main body”. This limitation appears to be broader than the limitation in claim 1 wherein the tentacles are “provided extending from an upper portion of an outer wall of the main body” and fails to further limit the subject matter.
Claim 3 recites the limitation wherein the tentacles are “extending outward from a side wall of the main body”. This appears to be an alternative limitation to the limitation in claim 1 wherein the tentacles are “provided extending from an upper portion of an outer wall of the main body” and fails to further limit the subject matter.
Claim 5 recites the limitation “the tentacle is” in line 2, which should read --the at least three tentacles are-- to maintain consistent terminology.
Claim 8 is dependent upon claim 6 which has been canceled. For the purposes of this Office Action, claim 8 is interpreted as depending upon claim 1.
Claim 8 recites the limitation “the tentacle” in line 3 which should read --the at least three tentacles-- to maintain consistent terminology.
Appropriate correction is required.
Claim Interpretation
The terminology “octopus-like structure” in claim 9 is interpreted as referring to a structure in which tentacles are distributed around a central area.
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 8 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.
Claim 8 recites the limitation “a point-shaped, strip-shaped or block-shaped massage head”. It is unclear based on the Applicant’s disclosure what this limitation means. For the purposes of this Office Action, “point-shaped” is interpreted as any shape ending in a point, “strip-shaped” is interpreted as any long, narrow shape, and “block-shaped” is interpreted as any solid shape.
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)(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) 1-5 and 7-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang (US 20250161147 A1).
Regarding claim 1, Wang discloses a tentacle massager (sex toy 100; Fig. 1-7, par. 0024), comprising: a main body (shell 20; Fig. 1-7, par. 0024), wherein the main body has a cavity with an accommodating space inside (inner shell 20b is fixed inside the outer shell 20a to form an accommodating space; Fig. 3-4, par. 0025), at least 3 tentacles (swinging portions 26; Fig. 2-4) with a covering cavity between each of the tentacles (the portion of the shell 20 extending toward the swinging portions 26 and a upper wall of the shell 20 around portion 24 form a covering cavity between the swinging portions 26; Fig. 1-4) are provided extending from an upper portion of an outer wall of the main body (swinging portions 26 extend from an upper portion of outer shell 20a of main body 20; Fig. 3), and a portion of the outer wall of the main body away from the tentacle is a gripping portion (the elongated portion of the main body 20 away from the swinging portions 26 could be used as a gripping portion; Fig. 1-4); and a driving device (stimulation modules 30 and 40; Fig. 3-4), wherein the driving device is arranged in the accommodating space (stimulation modules 30 and 40 are arranged in inner shell 20b; Fig. 3-4, par. 0026), the driving device actuates the main body and/or the tentacle to execute predetermined movements (the second stimulation module 40 is used to drive the swinging portions 26 to swing, and the first stimulation module 30 is used to drive the vibration portion 24 to vibrate; par. 0030), and the accommodating space is provided with a power supply electrically connected to the driving device inside (battery 70 in inner shell 20b is provided to supply power to the rotary motor 421 of stimulation module 40 and vibration motor 30; Fig. 3-4, par. 0049); wherein the main body is provided with a surrounding portion extending toward the at least 3 tentacles (shell 20 has a portion which extends towards swinging portions 26; Fig. 1-4), and the surrounding portion and an upper wall or side wall of the main body form a covering cavity (the portion of the shell 20 extending toward the swinging portions 26 and a upper wall of the shell 20 around portion 24 form a covering cavity; Fig. 1-4).
Regarding claim 2, Wang discloses the tentacle massager according to claim 1 (shown above), wherein the at least one tentacle is a sheet-like structure or a strip-like structure (swinging portions 26 have a sheet-like structure, which can also be considered a strip-like structure; Fig. 1-4); and the at least 3 tentacles are entirely made of a flexible material, or an outer peripheral wall of the tentacle is protected by the flexible material (outer shell 20a, which comprise swinging portions 26, may be made of flexible materials, such as silicone, rubber; par. 0025).
Regarding claim 3, Wang discloses the tentacle massager according to claim 1 (shown above), wherein the tentacle is provided extending upward from the upper portion of the main body or extending outward from a side wall of the main body (swinging portions 26 extend upward from an upper portion of the shell 20; Fig. 1-4); and tail portions of the at least 3 tentacles are close to each other and are arranged in contact or adjacent to each other (ends of the swinging portions 26 are arranged adjacently in close proximity; Fig. 1-4).
Regarding claim 4, Wang discloses the tentacle massager according to claim 1 (shown above), wherein the main body is provided with a channel for an end portion of the penis to insert (chamber 28 is formed to accommodate a part of the human body which can be the glans penis; Fig. 3-4, par. 0027, 0051), and the driving device is disposed inside the channel (stimulation module 30 is disposed inside the chamber 28; Fig. 3); the channel and the accommodating space overlap partially (the chamber 28 partially overlaps with portion of shell 20 which accommodates stimulation module 30; Fig. 3), wherein the driving device is disposed at least partially in the overlap (stimulation module 30 is disposed in the overlap; Fig. 3).
Regarding claim 5, Wang discloses the tentacle massager according to claim 2 (shown above), wherein the at least 3 tentacles have a sheet-like structure (swinging portions 26 are sheet-like; Fig. 1-4, par. 0028), and a dimension of the tentacle is gradually reduced as the tentacle extends from the main body (swinging portions 26 appear to come to a point as they extend away as seen in Fig. 3). In addition, a dimension of the tentacle is gradually reduced as the tentacle extends from the main body is considered to be an obvious design choice since Applicant places no criticality on this feature.
Regarding claim 7, Wang discloses the tentacle massager according to claim 1 (shown above), wherein the surrounding portion is provided between two adjacent tentacles (portion of shell 20 which extends upward toward swinging portions 26 is provided between adjacent swinging portions 26; Fig. 1-4); and the surrounding portion extends circumferentially from a wall surface of the main body (portion of shell 20 which extends towards swinging portions 26 extend circumferentially from a wall surface of the shell main portion 22; Fig. 1-4), and the two adjacent tentacles are provided at an end of the surrounding portion away from the main body (swinging portions 26 are provided at an upper end of the surrounding portion of the shell 20 and extend away; Fig. 1-4).
Regarding claim 8, Wang discloses the tentacle massager according to claim 1, wherein a point-shaped, strip- shaped or block-shaped massage head is protruded on an inner wall of the covering cavity and/or an inner wall of the tentacle (vibration portion 24 forms a circular point-shaped massage head on an inner wall of the covering cavity formed by the portion of the shell 20 extending toward the swinging portions 26 and a upper wall of the shell 20 around portion 24; Fig. 1-4).
Regarding claim 9, Wang discloses the tentacle massager according to claim 2, wherein when the at least 3 tentacles have a strip-like structure, and the main body has a hand-like structure or an octopus-like structure (swinging portions 26 surround a central area creating an octopus-like structure; Fig. 1-4; examiner also notes the embodiment of Fig. 9).
Regarding claim 10, Wang discloses the tentacle massager according to claim 1 (shown above), wherein the driving device is driven by a vibration motor, a vacuum pump, or a rotating motor cooperating with a cam (stimulation module 30 includes at least one vibration motor, par. 0031; stimulation module 40 includes a rotary motor 421 and eccentric wheel 461, Fig. 5, par. 0033-0035).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang (US 12161598 B1) discloses a sex toy with a structure similar to Applicant’s Fig. 5.
Liufu (US 20240252383 A1) discloses a massager with tentacles.
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/K.R./Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785