DETAILED ACTION
This Office Action is responsive to the Amendment filed 17 December 2025. Claims 1-20 are now pending. The Examiner acknowledges the amendments to claims 1-4, 6, 8, 10, 13-17, 19 and 20.
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
3. Claims 16 and 17 objected to because of the following informalities: at line 2 of claim 16, “the user” should apparently read –a user--; and at line 2 of claim 17, “the control” should apparently read –control--. Appropriate correction is required.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claims 14-16, 18 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sloan (U.S. Pub. No. 2022/0323292). Regarding claim 14, Sloan discloses a method, comprising: sensing, by a user device 2702, motion of the user device itself via at least one sensor (inertial measurement unit 2703) which is built into the user device ([0103]-[0104]), to obtain at least one motion data corresponding to the at least one sensor, wherein the at least one motion data comprises at least one of acceleration, velocity, and position data indicating the motion of the user device [0103];
obtaining by the user device 2702, at least one action indicator data corresponding to at least one actuator of a sexual entertainment accessory (sexual stimulation device) ([0103]-[0104], [0054], [0061]-[0063], [0068], [0107]), wherein a value of the at least one action indicator data at least indicates a level or intensity of the at least one actuator of the sexual entertainment accessory, and the value of the at least one action indicator data is proportional to a value of the at least one motion data ([0052]-[0053] and [0107] – output signals of user device sensors correspond to control signals/motion data to be converted into control signals for a compatible sexual stimulation device); and
controlling, based on the at least one action indicator data, the at least one actuator to perform a predetermined sexual entertainment action corresponding to the motion of the user device [0061]-[0063]) and at a level or intensity corresponding to the at least one action indicator data ([0052]-[0053] and [0107].
Regarding claim 15, the at least one actuator of the sexual entertainment accessory comprises a plurality of actuators of different types configured to perform different sexual entertainment actions [0054]; the at least one action indicator data comprises a plurality of action indicator data of different types; and the types of action indicator data correspond respectively to the types of actuators of the sexual entertainment accessory ([0054]-[0060]).
Regarding claim 16, the user device is configured to be held and moved by the user to cause the motion of the user device ([0103] – smartphone is configured to be held).
Regarding claim 18, the user device is connected to the sexual entertainment accessory via short distance wireless communication [0116].
Regarding claim 19, the at least one actuator includes at least one motor or at least one heater ([0056] and [0014]-[0017] of Sloan).
Claim Rejections - 35 USC § 103
7. 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.
8. 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.
9. Claims 1-3, 5-9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sloan (U.S. Pub. No. 2022/0323292) in view of Fung et al. (U.S. Pub. No. 2018/0168919) relying upon the filing date of the instant application (6 August 2024) for reasons noted below under “Response to Arguments”. Regarding claim 1, Sloan discloses a system, comprising: a memory storing executable instructions; and a processor operatively coupled with the memory, wherein the processor is configured to execute the executable instructions ([0102]-[0103], [0107] and Figs. 27-29) to cause the system to at least:
provide real-time or near real-time communication between a user device 2702 including at least one sensor (inertial measurement unit 2703) and a sexual entertainment accessory (sexual stimulation device) ([0102]-[0104], [0061], [0068] and Figs. 27-28) including at least one actuator through an application installed on the user device ([0061], [0054], [0068], [0107], [0113], [0122] and Figs. 1 and 29);
sense, by the user device, motion of the user device itself via the at least one sensor which is built into the user device, to obtain at least one motion data corresponding to the at least one sensor through the application, wherein the at least one motion data comprises at least one of acceleration, velocity, and position data indicating the motion of the user device itself [0103];
obtain, based on the at least one motion data through the application [0061], at least one action indicator data corresponding to the at least one actuator ([0061]-[0063]), wherein a value of the at least one action indicator data at least indicates a level or intensity of the at least one actuator of the sexual entertainment accessory, and the value of the at least one action indicator data is proportional to a value of the at least one motion data ([0052]-[0053] and [0107] – output signals of user device sensors correspond to control signals/motion data to be converted into control signals for a compatible sexual stimulation device); and control, based on the at least one action indicator data, the at least one sexual entertainment action actuator through the control application to perform a predetermined sexual entertainment action corresponding to the physical motion of the user device [0061]-[0063]) and at a level or intensity corresponding to the at least one action indicator data ([0052]-[0053] and [0107].
While Sloan fails to disclose explicitly that corresponding sexual action following the motion of the user device occurs in real time or near real time following the motion of the user device, Sloan makes such obvious Sloan teaches short range communications such as Bluetooth® [0116], which would obviate a connection that would send/receive signals instantly, and real-time or near real-time would enable a user who is utilizing the system on themselves (locally) to experience the stimulation in real-time [0109].
However, Sloan fails to disclose explicitly that the system is configured to obtain input related to control of the sexual entertainment accessory and provided by the user via the user device through the application. Fung et al. (hereinafter Fung) teaches a system for remotely controlling a sexual stimulation device/excitation device via a user control device, as likewise taught by Sloan, wherein the sexual stimulation/excitation device can be paired with a user control device/smartphone via entry of a code at the user control device to establish wireless connection, such as a Bluetooth® connection between the two ([0051] and [0075]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to obtain an input code by the user at the user device related to control of the entertainment accessory as taught by Fung, in a system for establishing connection between a smartphone/user device and a sexual stimulation device as taught by Sloan, as Sloan recognizes the establishment of a Bluetooth® connection to connect the user devices with the sexual stimulation devices [0116] and Fung teaches that such short-range wireless connection may be established by obtaining input of a code at the user control device [0051]).
Regarding claim 2, the at least one actuator of the sexual entertainment accessory comprises a plurality of actuators of different types configured to perform different sexual entertainment actions [0054]; the at least one action indicator data comprises a plurality of action indicator data of different types; and the types of action indicator data correspond respectively to the types of actuators of the sexual entertainment accessory ([0054]-[0060] of Sloan).
Regarding claim 3, the user device is configured to be held and moved by the user to cause the motion of the user device ([0103] of Sloan – smartphone is configured to be held).
Regarding claim 5, the user device of Sloan is connected to the sexual entertainment accessory via short distance wireless communication [0116].
Regarding claim 6, the at least one actuator includes at least one motor or at least one heater ([0056] and [0014]-[0017] of Sloan).
Regarding claim 7, the sexual entertainment accessory is an adult toy and the predetermined sexual entertainment action is at least one selected from the group consisting of performing a suction operation, vibrating the sexual entertainment accessory, rotating the sexual entertainment accessory, swinging the sexual entertainment accessory, emitting heat from the sexual entertainment accessory, contracting the sexual entertainment accessory, expanding the sexual entertainment accessory, and combinations thereof ([0103], [0052]-[0057] of Sloan).
Regarding claim 8, Sloan teaches that the at least one motion data includes at least velocity or acceleration of the motion of the user device sensed by the at least one sensor [0104]. However, Sloan does not disclose explicitly that the processor is further configured to: intensify a level of operation of the at least one actuator as the sensed velocity or the sensed acceleration increases; and decrease a level of operation of the at least one actuator as the sensed velocity or the sensed acceleration decreases. Fung teaches that the processor is further configured to: intensify a level of operation of the at least one actuator as a sensed velocity or a sensed acceleration increases; and decrease a level of operation of the at least one actuator as the sensed velocity or the sensed acceleration decreases ([0042], [0046], [0066], [0088], [0094]-[0095]) to provide shared sensations to multiple users [0084]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to intensify or decrease a level of operation of the actuator in correspondence with a sensed increase or decrease in a sensed velocity or acceleration as taught by Fung, in a system for providing sexual stimulation to a sexual stimulation device acting in correspondence with a user control device as suggested by Sloan, as Sloan recognizes the provision of controlling a sexual stimulation device in accordance with movements/speed of a user control device [0103] and Fung teaches that such corresponding actions between a user control device and a sexual stimulation device provides shared stimulation amongst users or sexual stimulation devices [0084].
Regarding claim 9, the user device 2702 is at least one selected from the group consisting of a mobile phone, a mobile pad, a wearable device, and combinations thereof (user device 2702 can be a smartphone [0103] of Sloan).
Regarding claim 20, Sloan discloses a non-transitory computer-readable storage medium, comprising: machine-readable instructions, wherein the machine-readable instructions, when executed by a processor of a controller of a user device ([0102]-[0103], [0107] and Figs. 27-29), enable the controller to: provide real-time or near real-time communication between a user device 2702 including at least one sensor (inertial measurement unit 2703) and a sexual entertainment accessory (sexual stimulation device) ([0102]-[0104], [0061], [0068] and Figs. 27-28) including at least one actuator through an application installed on the user device ([0061], [0054], [0068], [0107], [0113], [0122] and Figs. 1 and 29);
sense, by the user device, motion of the user device itself in space via the at least one sensor which is built into the user device, to obtain at least one motion data corresponding to the at least one sensor through the application, wherein the at least one motion data comprises at least one of acceleration, velocity, and position data indicating the motion of the user device [0103];
obtain, based on the at least one motion data through the application [0061], at least one action indicator data corresponding to the at least one actuator ([0061]-[0063]), wherein a value of the at least one action indicator data at least indicates a level or intensity of the at least one actuator of the sexual entertainment accessory, and the value of the at least one action indicator data is proportional to a value of the at least one motion data ([0052]-[0053] and [0107] – output signals of user device sensors correspond to control signals/motion data to be converted into control signals for a compatible sexual stimulation device); and
control, based on the at least one action indicator data, the at least one actuator through the application to perform a predetermined sexual entertainment action corresponding to the motion of the user device [0061]-[0063]) and at a level or intensity corresponding to the at least one action indicator data ([0052]-[0053] and [0107].
While Sloan fails to disclose explicitly that corresponding sexual action following the motion of the user device occurs in real time or near real time following the motion of the user device, Sloan makes such obvious Sloan teaches short range communications such as Bluetooth® [0116], which would obviate a connection that would send/receive signals instantly, and real-time or near real-time would enable a user who is utilizing the system on themselves (locally) to experience the stimulation in real-time [0109].
However, Sloan fails to disclose explicitly that the system is configured to obtain input related to control of the sexual entertainment accessory and provided by the user via the user device through the application. Fung et al. (hereinafter Fung) teaches a system for remotely controlling a sexual stimulation device/excitation device via a user control device, as likewise taught by Sloan, wherein the sexual stimulation/excitation device can be paired with a user control device/smartphone via entry of a code at the user control device to establish wireless connection, such as a Bluetooth® connection between the two ([0051] and [0075]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to obtain an input code by the user at the user device related to control of the entertainment accessory as taught by Fung, in a system for establishing connection between a smartphone/user device and a sexual stimulation device as taught by Sloan, as Sloan recognizes the establishment of a Bluetooth® connection to connect the user devices with the sexual stimulation devices [0116] and Fung teaches that such short-range wireless connection may be established by obtaining input of a code at the user control device [0051]).
10. Claims 4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Sloan (U.S. Pub. No. 2022/0323292) in view of Fung et al. (U.S. Pub. No. 2018/0168919) and further in view of Choudhury et al. (U.S. Pub. No. 2020/0078260). Regarding claim 4, Sloan teaches that the processor is further configured to execute the executable instructions to cause the system to at least: provide, through the application, an interactive interface on a display with which the user device is configured (via a smartphone touchscreen – [0103] and [0120]). However, Sloan in view of Fung fails to disclose explicitly that the processor is further configured to cause the system to: dynamically display an indicator graphic through the application on the interactive interface in real time or near real time following the motion of the user device, wherein the indicator graphic comprises at least one indicator element corresponding to the at least one motion data or the at least one action indicator data.
Fung makes such obvious as Fung teaches that a client application (which enables modes of operation to be selected such as user-selected matches and settings at the client application ([0041],[0046] and [0049]), along with providing instructions to the user [0047]) can be implemented on a smart phone, and provision of turn-by-turn instructions related to motion of the device would obviate an indicator graphic with at least one indicator element corresponding to the motion data or action indicator data [0047] to facilitate the provision of the instructions to the user.
While the combination of Sloan and Fung does not disclose explicitly that the interactive interface is related to the control of the sexual entertainment accessory, Choudhury et al. (hereinafter Choudhury) teaches a system for providing real-time communication between a control application of a user device (mobile device) and a sexual entertainment accessory including at least one sexual entertainment action actuator (Figs. 1 and 3; and [0022]-[0024], [0078]-[0086]), wherein a processor of the system is configured to cause the system to at least: provide, through the application, an interactive interface related to the control of the sexual entertainment accessory on a display with which the user device is configured (see Figs. 1, 3 and 5; and [0028], [0032], [0076]-[0077]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure an interface/display of a smart phone as taught by Sloan and Fung, to enable control of a remote sexual device as suggested by Choudhury, as Sloan and Fung necessitates the use of a smart phone for the functions of controlling a sexual device and inputting selections with respect to the device, and Fung teaches that an interactive display enables control of the sexual device.
Regarding claim 17, Sloan teaches that the method further comprises: providing an interactive interface on a display with which the user device is configured (via a smartphone touchscreen – [0103] and [0120]). However, Sloan fails to disclose explicitly that the method further comprises: dynamically displaying an indicator graphic on the interactive interface in real time or near real time following the motion of the user device, wherein the indicator graphic comprises at least one indicator element corresponding to the at least one motion data or the at least one action indicator data.
Fung makes such obvious as Fung teaches that a client application (which enables modes of operation to be selected such as user-selected matches and settings at the client application ([0041],[0046] and [0049]), along with providing instructions to the user [0047]) can be implemented on a smart phone, and provision of turn-by-turn instructions related to motion of the device would obviate an indicator graphic with at least one indicator element corresponding to the motion data or action indicator data [0047] to facilitate the provision of the instructions to the user.
While the combination of Sloan and Fung does not disclose explicitly that the interactive interface is related to control of the sexual entertainment accessory, Choudhury et al. (hereinafter Choudhury) teaches a system for providing real-time communication between a control application of a user device (mobile device) and a sexual entertainment accessory including at least one actuator (Figs. 1 and 3; and [0022]-[0024], [0078]-[0086]), wherein the method further comprises: providing an interactive interface related to the control of the sexual entertainment accessory on a display with which the user device is configured (see Figs. 1, 3 and 5; and [0028], [0032], [0076]-[0077]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure an interface/display of a smart phone as taught by Sloan and Fung, to enable control of a sexual device as suggested by Choudhury, as Sloan and Fung necessitate the use of a smart phone for the functions of controlling a sexual device and inputting selections with respect to the device, and Fung teaches that an interactive display enables control of the sexual device.
Allowable Subject Matter
11. Claims 10-13 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. Regarding claims 10 and 11, while the prior art teaches a system, comprising: a memory storing executable instructions; and a processor operatively coupled with the memory, wherein the processor is configured to execute the executable instructions to cause the system to at least: provide real-time or near real-time communication between a user device including at least one sensor and a sexual entertainment accessory including at least one sexual entertainment action actuator through a control application installed on the user device; obtain input related to control of the sexual entertainment accessory and provided by a user via the user device through the control application; sense, by the user device, in response to the input satisfying an activation condition for motion sensing, physical motion of the user device itself in physical space via the at least one sensor, which is built into the user device, to obtain at least one motion data corresponding to the at least one sensor through the control application, wherein the at least one motion data comprises at least one of acceleration, velocity, and position data indicating the physical motion of the user device itself in physical space; obtain, by the user device via the control application, at least one action indicator data corresponding to the at least one sexual entertainment action actuator, wherein a value of the at least one action indicator data at least indicates a level or intensity of the at least one sexual entertainment action actuator of the sexual entertainment accessory, and the value of the at least one action indicator data is proportional or inversely proportional to a value of the at least one motion data; and control, based on the at least one action indicator data, the at least one sexual entertainment action actuator through the control application to perform a predetermined sexual entertainment action corresponding to the physical motion of the user device in real time or near real time following the physical motion of the user device, and at a level or intensity corresponding to the at least one action indicator data, the prior art of record does not teach or fairly suggest a system as claimed by Applicant, wherein the at least one motion data includes at least velocity or acceleration of the physical motion of the user device sensed by the at least one sensor; and the processor is further configured to: define a plurality of preset sensitivity ranges; determine a new velocity or a new acceleration based on the plurality of preset sensitivity ranges and the sensed velocity or the sensed acceleration; and control the at least one sexual entertainment action actuator to drive the predetermined sexual entertainment action of the sexual entertainment accessory based on the new velocity or the new acceleration; wherein the predetermined sexual entertainment action of the sexual entertainment accessory includes sexually stimulating a human model.
12. Regarding claims 12 and 13, while the prior art teaches a system, comprising:
a memory storing executable instructions; and a processor operatively coupled with the memory, wherein the processor is configured to execute the executable instructions to cause the system to at least: provide real-time or near real-time communication between a user device including at least one sensor and a sexual entertainment accessory including at least one sexual entertainment action actuator through a control application installed on the user device; obtain input related to control of the sexual entertainment accessory and provided by a user via the user device through the control application; sense, by the user device, in response to the input satisfying an activation condition for motion sensing, physical motion of the user device itself in physical space via the at least one sensor, which is built into the user device, to obtain at least one motion data corresponding to the at least one sensor through the control application, wherein the at least one motion data comprises at least one of acceleration, velocity, and position data indicating the physical motion of the user device itself in physical space; obtain, by the user device via the control application, at least one action indicator data corresponding to the at least one sexual entertainment action actuator, wherein a value of the at least one action indicator data at least indicates a level or intensity of the at least one sexual entertainment action actuator of the sexual entertainment accessory, and the value of the at least one action indicator data is proportional or inversely proportional to a value of the at least one motion data; and control, based on the at least one action indicator data, the at least one sexual entertainment action actuator through the control application to perform a predetermined sexual entertainment action corresponding to the physical motion of the user device in real time or near real time following the physical motion of the user device, and at a level or intensity corresponding to the at least one action indicator data, the prior art of record does not teach or fairly suggest a system as claimed by Applicant, wherein the processor is further configured to: define a speed mode parameter including a predetermined transportation mode and one or more general speeds corresponding to the predetermined transportation mode; wherein the predetermined transportation mode is at least one selected from the group consisting of a walking mode, a bicycle mode, a car mode, a ship mode, a high-speed train mode, an airplane mode, and combinations thereof.
Response to Arguments
15. Applicant’s arguments filed 17 December 2025 with respect to the rejection of claim 4 under 35 U.S.C. 112(b) have been fully considered and are persuasive in light of the amendments.
16. Applicant’s arguments filed 17 December 2025 with respect to the rejection of claims 14-16, 18 and 19 under 35 U.S.C. 102(a)(1) citing Sloan (‘292); claims 1-3, 5-6 and 20 under 35 U.S.C. 103 citing Sloan (‘292) in view of Fung (‘919); and claims 4 and 17 under 35 U.S.C. 103 citing Sloan (‘292) in view of Fung (‘919) and further in view of Choudhury (‘260) have been fully considered but are not persuasive. First, Applicant contends that Sloan is not a proper reference against the present application as the effective filing date of Sloan is 29 Jun 2022 (to which the examiner agrees), and the effective filing date of the instant application is supported by Application No. 17/520889, filed 8 November 2021. To the latter point, the filing date of the instant application (6 August 2024) is used for prior art purposes because support for at least the claimed “action indicator data…wherein a value of the at least one action indicator data…is proportional to a value of the at least one motion data…” (of the independent claims) is not found in parent Application No. 17/520889, filed 8 November 2021.
Applicant further contends that Sloan does not disclose “wherein a value of the at least one action indicator data at least indicates a level or intensity of the at least one sexual entertainment action actuator of the sexual entertainment accessory, and the value of the at least one action indicator data is proportional to a value of the at least one motion data," and controlling "based on the at least one action indicator data, the at least one sexual entertainment action actuator through the control application to perform a predetermined sexual entertainment action corresponding to the physical motion of the user device in real time or near real time following the physical motion of the user device, and at a level or intensity corresponding to the at least one action indicator data” as Sloan describes, in contrast, a type of motion of the sexual stimulation device corresponds to a type of motion of the motion sensing controller, which “does not teach anything about a level or intensity of sexual stimulation”. However, this argument is not persuasive. While it is agreed that Sloan does not disclose intensifying or increasing/decreasing a level of operation (as recited in claim 8), it is maintained that Sloan does teach the aforementioned clause of the independent claims as Sloan discloses at least at [0052]-[0053] and [0107] that motions of the motion sensing controller result in corresponding motions….of the sexual stimulation device…”, and the “corresponding motions” are interpreted as a “level” of the actuator. Given the attached definition of “corresponding” per Merriam-Webster, “corresponding” is regarded as a “degree”, which would read on a “level”. It is noted that the independent claims do not recite increasing/decreasing/intensifying a level. Further, amending the claims such that “a level or intensity” recited –an intensity-- would potentially obviate the instant rejection, given that “a level” is read more broadly than an “intensity”. In view of the foregoing, the rejections of claims 14-16, 18 and 19 under 35 U.S.C. 102(a)(1) citing Sloan (‘292); claims 1-3, 5-6 and 20 under 35 U.S.C. 103 citing Sloan (‘292) in view of Fung (‘919); and claims 4 and 17 under 35 U.S.C. 103 citing Sloan (‘292) in view of Fung (‘919) and further in view of Choudhury (‘260) have been maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791