DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 31 December 2025 has been entered. Claims 1, 5-8, 10, 17-19, 21-24 and 26-28 are now pending. The Examiner acknowledges the amendments to claims 1, 5, 8, 10, 18, 21-25 and 26-28, as well as the cancellation of claims 25 and 29-31.
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 .
Drawings
The drawings were received on 31 October 2025. These drawings are acceptable.
Claim Objections
Claims 1 and 24 are objected to because of the following informalities: at line 4 of claim 1, “defining” should apparently read –defines--; at line 18 of claim 1, “and is coupled” should apparently read –and coupled--; at line 4 of claim 24, “and the middle portion” should apparently read –wherein the middle portion--; and at line 6 of claim 24, “motor; and” should apparently read –motor;--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. 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.
6. Claims 10, 17-19, 21, 24 and 26-28 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
7. At line 12 of claim 10, it is unclear if “the insertion direction” is referencing “an insertion direction” recited at line 2 or “an insertion direction” recited at line 5.
8. At line 23 of claim 10, it is unclear if “the insertion direction” is referencing “an insertion direction” recited at line 2 or “an insertion direction” recited at line 5.
9. At line 22 of claim 10, due to the claim language/grammar, it is unclear if “in response to the screw being driven to rotate…” is with respect to the previous clause; the clause following; or a new clause. If the latter case, a suggested amendment is –and in response to the screw being driven to rotate--.
10. Claim 21 recites “the driving device comprises a motor, a second shaft coupled to the motor and rotatable by driving of the motor, wherein the first shaft is coupled to the second shaft…”. Based on the language/grammar of the claim, it is unclear if the claim intends to recite that the driving device comprises a motor and a second shaft, or if the claim is only intending to recite that the driving device comprises a motor.
11. Claim 24 at line 11 recites the limitation "the length of the movement space". There is insufficient antecedent basis for this limitation in the claim.
12. Claim 24 at line 11 recites the limitation "the shaft in the movement space". There is insufficient antecedent basis for this limitation in the claim. A suggested amendment is –the shaft--.
13. At line 16 of claim 24, it is unclear if “a length of the movement space” is the same as or different than “the length of the movement space” recited at line 11.
Claim Rejections - 35 USC § 102
14. 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.
15. 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.
16. Claims 1, 5, 6, 22 and 23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang et al. (U.S. Patent No. 12,171,710). Regarding claim 1, Huang et al. (hereinafter Huang) discloses a massage module (Fig. 1) comprising:
a head portion (see reproduction below) configured to be inserted into a vagina along an insertion direction so as to provide a first stimulus to the vagina (via vibration member 11 – Fig. 2 and col. 4, lines 4-16),
a handle 50, wherein the handle is hollow and defines a cavity therein (Fig. 2 and col. 3, lines 21-43 and col. 4, lines 51-58); and
a connecting portion (see reproduction below) connected between the head portion and the handle 50 (see reproduction below), and the connecting portion comprising a sub-massage portion (see reproduction below) configured to be inserted into the vagina following with an insertion action of the head portion and configured to provide a second stimulus to the vagina (col. 3, lines 12-20), the sub-massage portion comprising:
a housing (shown at elements 502+631 of Fig. 3);
a recess formed in the housing and concaved in a thickness direction of the housing (shown best in the left diagram of Fig. 3), the recess defining a movement space (shown best in the left diagram of Fig. 3) and a first opening 100 intercommunicating the movement space to an exterior space outside of the housing (as shown in Figs. 1-3 and the reproduction below),
a driving device 30 received in the cavity defined in the handle (Figs. 2, 3 and 5; col. 4, lines 59-67 – col. 5, lines 1-25), the cavity communicating with the movement space (see Figs. 2-4 and col. 2, lines 58-67 – col. 3, lines 1-11); and
a massage head 20 accommodated in the movement space (Fig. 2),
wherein at least a portion of the massage head 20 protrudes out of the movement space via the first opening (as shown in Figs. 1-3), and the driving device includes a first shaft 38B at least partly received in the movement space and coupled to the massage head (Figs. 2, 5 and col. 6, lines 56-67 – col. 7, lines 1-25), wherein the first shaft 38B is configured for moving reciprocally parallel to a linear direction L2 in the movement space (Figs. 2, 5 and col. 6, lines 56-67 – col. 7, lines 1-25) and driving the at least a portion of the massage head to reciprocally and linearly move parallel to a linear trajectory (along L2) in the movement space (Figs. 2, 5 and col. 6, lines 56-67 – col. 7, lines 1-25), so as to generate the second stimulus (col. 3, lines 12-20).
[AltContent: ]
[AltContent: textbox (“handle”)][AltContent: ][AltContent: textbox (“connecting portion”)][AltContent: textbox (“head portion”)][AltContent: textbox ([img-media_image1.png])]
[AltContent: ]
Regarding claim 5, the recess includes opposite inner walls (as best shown in Figs. 3-4, 8A-B), each of which faces the movement space and extends along the linear direction L1 (as best shown in Figs. 3-4, 8A-B), and a gap is formed between each of the inner walls and the massage head 20, thereby preventing the massage head from contacting the opposite inner walls (as best shown in Figs. 1-4).
Regarding claim 6, the recess penetrates through the housing at an upper side of the housing and at a lower side of the housing (see Fig. 3), so as to form the first opening 100 at the upper side of the housing (Fig. 1) and a second opening at the lower side of the housing (shown in the left diagram of Fig. 3 with element 29 removed), and the massage head partly protrudes out of the housing from each of the first opening and the second opening (see Figs. 1-3).
Regarding claim 22, the massage head 20 includes a base 70 unslideably mounted on the first shaft 38B (Figs. 2-5), a first protrusion 201 fastened on a top of the base 70 (Fig. 3) and protruding out of the housing from the first opening 100 (Figs. 1-2), and a vibrator 12 attached to the base 70 (Fig. 2) and generating vibrations on the first protrusion 201, so as to apply the vibrations onto the vagina (Fig. 2, col. 4, lines 34-50).
Regarding claim 23, the massage head 20 includes a base 70 unslideably mounted on the first shaft 38B (Figs. 2-5), a first protrusion 201 fastened on a top of the base 70 (Fig. 3) and protruding out of the housing from the first opening 100 (Figs. 1-2), a second protrusion (362/731) fastened on a bottom of the base 70 and protruding out of the housing from the second opening (as shown in Fig. 3), and a vibrator 12 attached to the base 70 (Fig. 2) and capable of generating vibrations on the first protrusion 201 and the second protrusion (362/731), so as to apply the vibrations onto the vagina (Fig. 2, col. 4, lines 34-50).
Allowable Subject Matter
17. Claims 7 and 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.
Regarding claim 7, while the prior art teaches a massage module comprising: a head portion configured to be inserted into a vagina along an insertion direction so as to provide a first stimulus to the vagina,
a handle, wherein the handle is hollow and defining a cavity therein; and
a connecting portion connected between the head portion and the handle, and the connecting portion comprising a sub-massage portion configured to be inserted into the vagina following with an insertion action of the head portion and configured to provide a second stimulus to the vagina, the sub-massage portion comprising:
a housing;
a recess formed in the housing and concaved in a thickness direction of the housing, the recess defining a movement space and a first opening intercommunicating the movement space to an exterior space outside of the housing,
a driving device received in the cavity defined in the handle, the cavity communicating with the movement space; and
a massage head accommodated in the movement space, wherein at least a portion of the massage head protrudes out of the movement space via the first opening, and the driving device includes a first shaft which at least partly received in the movement space and is coupled to the massage head, wherein the first shaft is configured for moving reciprocally parallel to a linear direction in the movement space and driving the at least a portion of the massage head to reciprocally and linearly move parallel to a linear trajectory in the linear direction in the movement space, so as to generate the second stimulus, wherein the recess penetrates through the housing at an upper side of the housing and at a lower side of the housing, so as to form the first opening at the upper side of the housing and a second opening at the lower side of the housing, and the massage head partly protrudes out of the housing from each of the first opening and the second opening,
the prior art of record does not teach or fairly suggest a massage module as claimed by Applicant, wherein the massage module further includes a cover, and the cover covers the first opening, the second opening and the massage head.
Regarding claim 8, while the prior art teaches a massage module comprising: a head portion configured to be inserted into a vagina along an insertion direction so as to provide a first stimulus to the vagina,
a handle, wherein the handle is hollow and defining a cavity therein; and
a connecting portion connected between the head portion and the handle, and the connecting portion comprising a sub-massage portion configured to be inserted into the vagina following with an insertion action of the head portion and configured to provide a second stimulus to the vagina, the sub-massage portion comprising:
a housing;
a recess formed in the housing and concaved in a thickness direction of the housing, the recess defining a movement space and a first opening intercommunicating the movement space to an exterior space outside of the housing,
a driving device received in the cavity defined in the handle, the cavity communicating with the movement space; and
a massage head accommodated in the movement space, wherein at least a portion of the massage head protrudes out of the movement space via the first opening, and the driving device includes a first shaft which at least partly received in the movement space and is coupled to the massage head, wherein the first shaft is configured for moving reciprocally parallel to a linear direction in the movement space and driving the at least a portion of the massage head to reciprocally and linearly move parallel to a linear trajectory in the linear direction in the movement space, so as to generate the second stimulus, wherein the recess penetrates through the housing at an upper side of the housing and at a lower side of the housing, so as to form the first opening at the upper side of the housing and a second opening at the lower side of the housing, and the massage head partly protrudes out of the housing from each of the first opening and the second opening,
the prior art of record does not teach or fairly suggest a massage module as claimed by Applicant, the massage module further comprising a vice massage portion, which is configured to be located out of the vagina while the massage head is inserted in the vagina, and the first opening is closer to the vice massage portion than the head portion.
18. Claims 10, 17-19, 24 and 26-28 would be allowable if rewritten or amended 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.
19. Claim 21 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 to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
20. Applicant’s arguments filed 31 December 2025 with respect to the objections to the Drawings have been fully considered and are persuasive.
21. Applicant’s arguments filed 31 December 2025 with respect to the objections to the claims have been fully considered and are persuasive, however new objections are presented above in light of the amendments.
22. Applicant’s arguments filed 31 December 2025 with respect to the rejection of claims 1, 5-8, 10, 17-19 and 21-31 under 35 U.S.C. 112(b) have been fully considered, however new rejections are presented above in light of the amendments.
23. Applicant’s arguments filed 31 December 2025 with respect to the rejection of claims 1, 5-8, 21, 22, 24-28, 31 and 31 under 35 U.S.C. 102(a)(2) citing Yan (‘239) have been fully considered and are persuasive, however new grounds of rejection under 35 U.S.C. 102(a)(2) citing Huang (‘710) are presented above (with respect to claims 1, 5, 6, 22 and 23) in light of the amendments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE HOPKINS MATTHEWS whose telephone number is (571)272-9058. The examiner can normally be reached Monday - Friday, 7:30 am - 4:00 pm.
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/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791