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 .
Response to Amendment
This office action is responsive to an amendment filed on 1/8/2026. As directed by the amendment, claims 1, 3-5, 19 and 22 were amended, claims 10, 12, 17 and 20-21 were cancelled and no new claim was added. Thus, claims 1-9, 11, 13-16, 18-19 and 22 are presently pending in this application.
Claim Objections
Claims 1, 3 and 4 are objected to because of the following informalities:
In claim 1, line 14, the term “coumns” is suggested to be changed to --columns-- in order to fix typographical error and clarify the claim.
In claim 3, line 3, the term “fron” is suggested to be changed to --from-- in order to fix typographical error and clarify the claim.
In claim 4, line 3, the term “substentially” is suggested to be changed to --substantially-- in order to fix typographical error and clarify the claim.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the limitation “a driving member” (claim 1, line 13, where the term “member” is a generic placeholder and the function is “driving”).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“driving member”: driving member “20”, which can be a rotary motor (see paragraph 0077 of the specification filed on 10/14/2024).
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 3-5 and 18 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 pre-AIA the applicant regards as the invention.
Regarding claim 3, the limitation “a junction of the branch and the elongated rod is close the first end of the hub and away fron the second end of the hub” (lines 2-3) is unclear and confusing as to what the claim limitation is trying to claim, is the applicant’s intent is to claim that the junction is close (near) to the first end or is the applicant’s intent is to claim that the junction is closing as in blocking the first end.
Any remaining claims are rejected for their dependency on a rejected base claim.
Response to Arguments
Applicant’s arguments, see pages 8-11 of the remarks, filed on 1/8/2026, with respect to 103 rejection have been fully considered and are persuasive. The 103 rejection of claims 1-9, 11, 13-16, 18-19 and 22 has been withdrawn.
Allowable Subject Matter
Claims 1-9, 11, 13-16, 18-19 and 22 are allowed over the prior art.
The following is an examiner’s statement of reasons for indicating allowable subject matter: The closest prior art of record Leng (CN 204319236), Gardos (2006/0141903), Chen (CN 201061607) and Xie (CN111529347) do not specifically disclose the claimed apparatus as presented in the claims 1-3, 7-10 and 21-27.
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Regarding claim 1, Leng discloses a massage device (entire device in fig. 1), comprising: a shell (shell of 1 and 2, fig. 1) comprising an elongated rod (the elongated rod is formed by the shell of 1 and 2, overall 1 and 2 forms an elongated rod) configured to be inserted into a vagina (see abstract, paragraphs 0001-0003, 0016 and 0022 of the English translation, Leng discloses a massage stick for female sex organ, therefore, portion of the shell including 1 is capable of being inserted into a vagina), a moving space (see the annotated-Leng fig. 1 above, the moving space is defined as the space formed by 3 where 5 rotates within, the wall formed by 3 where the moving space extends through is the lateral wall of the elongated rod) being defined in a middle portion of the elongated rod and extending through a lateral wall of the middle portion of the elongated rod to communicate with an outside environment out of the shell (see the annotated-Leng fig. 1 above); a massage member (5, fig. 1, paragraphs 0016-0017) being mounted in the moving space and rotatable relative to the elongated rod, the massage member comprising a hub and a plurality of blades or columns (blades of 5, see the annotated-Leng fig. 3 above, alternatively, the blades are long enough that the blades can be considered as a columns, it is noted that within the art, columns come in different shapes) extending radially and outwardly from the hub, a plurality of massage portions (free end portion of blade/paddle of 5, figs. 1-3 and the annotated-Leng fig. 3 above) being formed by free ends of the plurality of blades; and a driving member (42, figs. 2-3 and paragraph 0017) arranged in the shell and connected to the hub of the massage member in a transmission way (see figs. 2-3 and paragraphs 0016-0017, the motor would rotate the rotor 41 which rotate blades 5, furthermore, as shown, the motor would be partly in the shell of 3/31); the driving member being configured for driving the massage member to rotate relative to the elongated rod to move the plurality of massage portions in and out of the moving space, so as to have the plurality of massage portions configured to stimulate a vagina wall or a rectum wall of the human body (see paragraphs 0016-0022, when the shell is insert into the vagina, the plurality of massage portion would be capable of stimulating the vagina wall).
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Gardos teaches an elongated rod (elongated formed by 130 and the larger 140 in the annotated-Gardos fig. 1A above) and a branch extending curvedly from the elongated rod (see smaller 140 in the annotated-Gardos fig. 1A and paragraphs 0056-0061 and 0087, the branch comprises a vibration components for additional stimulation, see figs. 1D-1E).
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Chen discloses a massage device (entire device in fig. 6, see paragraphs 0002, 0004-0006) comprising: a shell (entire shell/housing (1) shown in the annotated-Chen fig. 6 above) comprising an elongated rod (see the annotated-Chen fig. 6 above, the elongated rod is formed by the shell 1, paragraphs 0047-0054 of the English translation) configured to be inserted into a vagina (see paragraphs 0002-0006, Chen discloses that the device is a sexual device and reference to dildo, and further discloses in paragraphs 0008 and 0053 that the device is for stimulating the G-spot, therefore, the elongated rod would be able to be inserted into the vagina) of a body during use and a branch extending curvedly away from the elongated body (see the annotated-Chen fig. 6 above with reference to fig. 4, the branch is formed by a handle comprising power supply 2, see paragraph 0048), a moving space being defined in a middle portion of the elongated rod and extending through a lateral wall of the middle portion of the elongated rod to communicate with an outside environment out of the shell (see the annotated-Chen fig. 6 above with reference to figs. 1-4); a massage member (wheel 11, paragraphs 0047, 0051 and 0053, fig. 6) being mounted in the moving space and rotatable relative to the elongated rod (see the annotated-Chen fig. 6 above with reference to figs. 1-4, as the wheel 11 rotate, the free end of the massage portions would move in and out of the moving space), the massage member comprising a hub (the hub is the central portion of wheel 11 where the massage portions extend from, see the annotated-Chen fig. 6 above with reference to figs. 1-4) and a plurality of massage portions extending radially and outwardly from the hub, the plurality of massage portions being formed by free ends and a driving member (see driving member 4, 41, 50 and 5 in fig. 4 for reference, paragraphs 0050-0054) arranged in the shell and connected to the hub of the massage member in a transmission way, the driving member being configured for driving the massage member to rotate relative to the elongate rod to move the plurality of massage portions in and out of the moving space, so as to have the plurality of massage portions configured to stimulate the vagina wall of the body (see paragraphs 0050-0054, see the annotated-Chen fig. 6 above with reference to figs. 1-4, the massage member would be capable of massaging the vagina wall).
Xie teaches a massage member (entire massage member (10, 41, 431, 20, 5, 22, 21, 42, 32, 432, 31) in fig. 3) comprising massaging portions that are columns (see massage portion 5) formed on the hub (10), the massage member in whole is configured as a mace (see figs. 1-3, as a whole the shape/profile of massage member can be considered as a mace similar to the applicant’s mace, see paragraphs 0037-0042 of the attached English translation, it is noted, that a mace can have different head shapes, similarly, the applicant’s mace (30) shown in fig. 30 of the instant application is not truly a mace, therefore, the term is given its broadest reasonable interpretation in light of the specification), the columns comprise multiple circles of columns arranged at intervals along an axial direction of the hub, and each of the multiple circles of columns comprises multiple columns arranged at intervals along a circumferential direction of the hub (see figs. 3 and 1-2, axial direction is formed by the longitudinal axis of the massage member (along the length) and the circumferential direction is along the circumference, therefore as shown, columns comprise multiple circles of columns arranged at intervals along an axial direction of the hub, and each of the multiple circles of columns comprises multiple columns arranged at intervals along a circumferential direction of the hub).
Leng, Gardos, Chen and Xie fail to disclose the combination of a shell comprising an elongated rod configured to be inserted into a vagina or a rectum of a human body during use and a branch extending curvedly away from the elongated body, a moving space being defined in a middle portion of the elongated rod and extending through a lateral wall of the middle portion of the elongated rod to communicate with an outside environment out of the shell; a massage member being mounted in the moving space and rotatable relative to the elongated rod, the massage member comprising a hub and a plurality of columns extending radially and outwardly from the hub, a plurality of massage portions being formed by free ends of the plurality of columns, wherein the hub is elongated and configured as a cantilever, a first end of the hub is connected to the elongated rod, and a second end of the hub is separated from a wall of the elongated rod surrounding the moving space: the columns comprises multiple circles of columns arranged at intervals along an axial direction of the hub, and each of the multiple circles of columns comprises multiple columns arranged at intervals along a circumferential direction of the hub; and a driving member arranged in the shell and connected to the first end of the hub of the massage member in a transmission way, the driving member being configured for driving the massage member to rotate relative to the elongated rod to move the plurality of massage portions in and out of the moving space, so as to have the plurality of massage portions configured to stimulate a vagina wall or a rectum wall of the human body. Therefore, to modify Leng, Gardos, Chen and Xie to arrive at the claimed invention would not have been obvious and would be based upon improper hindsight reasoning.
Remarks
The Examiner attempted to communicate with the applicant via a telephone call, however, the attempt was unsuccessful. The Examiner suggest filing an Internet Communication Authorization form so that email correspondence can be made to discuss potential amendment if the applicant wished to communicate with the Examiner.
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.
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/TU A VO/Primary Examiner, Art Unit 3785