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 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 10 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 10 recites the sleeve wall further includes “an indicator or indicia”. Claim 1, as amended, recites the transitional phrase “consisting of”, thus the sleeve is limited to the elements recited in claim 1. Claim 10 introduces a new element, thus renders the claim scope indefinite. The examiner recommends either 1) amending claim 1 to include the limitations of claim 10 or 2) canceling claim 10 to overcome this rejection.
Response to Arguments
Applicant’s arguments, see pages 6-7, filed 3 February 2026, with respect to the objection to claim 1 and the rejections under 35 U.S.C. 102, 103, and 112(b) have been fully considered and are persuasive in light of the amendments to the claims. The objection and rejections of 3 November 2025 have been withdrawn.
Allowable Subject Matter
Claims 1, 2, 5-9, 11, 12, 15-18, and 20-27 are allowed.
The following is an examiner’s statement of reasons for allowance:
No prior art of record teach and/or fairly suggest the sleeve for placing on a human penis of claim 1, consisting of: a flexible sleeve consisting of a single layer of silicone, the sleeve having a sleeve wall, wherein the distal end of the sleeve includes a flange that extends radially outwards from an outer surface of the sleeve wall, the flange having an exterior side surface with a curved shape configured to match the shape of the corona of the glans of the penis, wherein the sleeve wall has a thickness spaced away from the flange along a longitudinal axis of the sleeve of about 0.5 mm to about 10 mm from the distal end to the proximal end, not including the flange, wherein the flange is contained in a plane and the plane is angled about 1-15 degrees relative to the longitudinal axis of the sleeve, within the context of the remainder of the limitations of the claim.
Claim 22 is allowed for the reasons noted in the prior Office action.
No prior art of record teach and/or fairly suggest the device for placing on a human penis of claim 26, consisting of: a flexible sleeve consisting of a single layer of silicone, the sleeve has a closed loop shape in cross section from its proximal to its distal ends, and a solid wall portion with substantially no openings or interruptions, wherein the sleeve has a longitudinal axis and is rollable along the longitudinal axis, wherein the distal end includes a flange that extends radially outwards from an outer surface of the sleeve, wherein the flange is about 208 mm in thickness, and wherein a thickness of the sleeve spaced away from the flange along a longitudinal axis of the sleeve is about 0.5 mm to about 10 mm, and wherein an outer diameter of the flange is about 2-10 mm greater than an outer diameter of the sleeve wall spaced axially away from the flange, within the context of the remainder of the limitations of the claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carrie R Dorna whose telephone number is (571)270-7483. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at 571-272-4233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARRIE R DORNA/Primary Examiner, Art Unit 3791