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
Applicant’s amendment, filed 27 October 2025, is acknowledged. Claims 1, 7, 8 and 12 are amended. Claims 3-6 and 16 are cancelled.
Claims 1, 2, 7-15 are pending in the instant application.
Response to Arguments
Applicant’s arguments, filed 27 October 2025, with respect to the 35 USC 112(b) rejection of claim 12, have been fully considered and are persuasive. The 35 USC 112(b) rejection of claim 12 has been withdrawn.
Applicant’s arguments, with respect to 35 USC 102 rejection of claims 1, 2, 9-11 and 16, have been fully considered and are persuasive. The 35 USC 102 rejection of claims 1, 2, 9-11 and 16 has been withdrawn.
Applicant's arguments, with respect to 35 USC 103 rejection of claims 3-6, have been fully considered but they are not persuasive. Chen teaches a massager with an external male massager component that moves the external massager component in a longitudinal direction. Chen discloses the external massager component comprises a soft material lumen for accommodating male genitals. Sloan teaches a massager similar to Chen but for the fact that Sloan has enclosed the male massager component in a housing. Sloan further teaches how a soft material lumen is held in the male massager component, which Chen does not disclose. A POSITA looking for a component to hold a soft material lumen in a device that is similar to Chen would look to Sloan. As Sloan is only being relied on to teach the limitations of canceled claims 3-5, now amended into claim 1. If a POSITA was looking to combine Chen and Sloan, a POSITA would take the adjustable gripper mechanism of Sloan and mount it on the connection seat of Chen. Regarding the combination of Chen and Sloan with Han, if a POSITA was looking for an alternative to the gripper constriction mechanism of Sloan, a POSITA would look to the constriction mechanism of Han as Han is exclusively designed for constricting male genitals. While Han does disclose setting a maximum expansion limit, the device can be adjusted using the disclosed constriction mechanism to a preferred starting tightness and the maximum expansion limit can be set to provide continuous, direct and radially compressive force. A POSITA would understand how to implement the constriction mechanism in combination with the adjustable gripper mechanism of Sloan as the components of a bracket with a T-nut and screw is common in devices that require longitudinal adjustment.
Claims 1, 2, and 7-11 are rejected under 35 U.S.C.103 as being unpatentable over Chen (US20250099320Al) in view of Sloan (US20230023236Al), and further in view of Han (KR20220093929A). Claims 12-15 remain rejected under 35 U.S.C.103 as being unpatentable over Chen (US20250099320Al) as applied to claim 1 above, in view of Sloan (US20230023236Al) and Han (KR20220093929A) and further in view of Tazbaz (US20150316773Al).
With respect to the double patenting rejection of claims 1-16, examiner acknowledges that the express abandonment of application 19/224,693 has been accepted. The double patenting rejection of claims 1-16 has been withdrawn.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US20250099320Al) in view of Sloan (US20230023236Al), and further in view of Han (KR20220093929A).
Regarding claim 1, Chen discloses a massager (Abstract) with an external massage assembly (Figure 1), comprising a handpiece (Figure 1, Casing “1”) and a massage bracket (Figure 1, massage head “8”) arranged externally to the handpiece (Figure 1) wherein a massage body is provided in the massage bracket for massaging a penis (Paragraph [0032]).
Chen fails to disclose the massage bracket comprises a bracket upper cover and a bracket base for constraining the massage body in a radial direction. Sloan discloses an adjustable gripper mechanism for male masturbation devices that allows for adjustment in gripper diameter (Abstract) wherein the male masturbation device is an analogous system to the instant application (Figure 1). Sloan further discloses the massage bracket comprises a bracket upper cover (Figure 26, right tubular portion “2612”, the use of “upper” is broad since the massager is handheld and can be oriented in a plurality of ways.) and a bracket base (Figure 26, left tubular portion “2611”) for constraining the massage body in a radial direction (Paragraph [0099]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the massager as taught by Chen, such that the massage bracket comprises a bracket upper cover and a bracket base for constraining the massage body in a radial direction as taught by Sloan, since such a modification would provide the predictable results for adjustment in gripper diameter based on individual variations in the girth of penises or based on individual preferences regarding tightness (Paragraph [0047]).
Modified Chen fails to disclose a groove is formed in each of the connection parts for mating with a corresponding one of the adjusting knobs and when the corresponding one of the adjusting knobs is loosened, the corresponding one of the adjusting knobs is configured to move within the groove, so as to adjust the relative distance between the bracket upper cover and bracket base in the radial direction and wherein fixing plates with slot structures are respectively provided on two sides of the bracket base for constraining the connection parts. Han discloses a sexual function assist device for males, wherein the device comprises a ring wherein a groove is formed in each of the connection parts (Figure 22, first and second guide rails, “470” and “480”) for mating with a corresponding one of the adjusting knobs (Figure 22, first and second adjustment members “450” and “460”) and when the corresponding one of the adjusting knobs is loosened (Figure 23, Page 11), the corresponding one of the adjusting knobs is configured to move within the groove (Figure 23, Page 11), so as to adjust the relative distance between the bracket upper cover and bracket base in the radial direction and wherein fixing plates with slot structures are respectively provided on two sides of the bracket base for constraining the connection parts (Figures 23-25 illustrate how the adjustment of the knobs increases or decreases the circumference, Page 11). If a POSITA was looking for an alternative way to better constrain the massage body as disclosed by Chen and Sloan, it would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the massager as taught by modified Chen, with the circumference adjustment system as taught by Han, since such a modification would provide the predictable results of improved accuracy in controlling the inner diameter size of the brackets (Abstract).
Regarding claim 2, modified Chen discloses a driving motor is provided in the handpiece, and the driving motor is connected to the massage bracket in a transmitting manner (Chen, Figures 3 and 4).
Regarding claim 7, modified Chen discloses fixing plates with slot structures are respectively provided on two sides of the bracket base for constraining the connection parts (Han, Figures 22-25).
Regarding claim 8, modified Chen discloses a bottom of the bracket base is provided with at least one hollow connecting column for connecting to the handpiece (Chen, Figure 3, connection seat “6”).
Regarding claim 9, modified Chen discloses the handpiece is provided with an integrated handle for facilitating gripping (Chen, Paragraph [0040]).
Regarding claim 10, modified Chen discloses a movable connecting member is provided in the handpiece (Chen, Figure 4, slide rail seat “5”), the movable connecting member is connected to the massage bracket (Chen, Figure 4), and the driving motor (Chen, Figure 4, brushless motor “7”) is connected to the movable connecting member in the transmitting manner (Chen, Figure 4, leadscrew “41”) so as to drive the massage bracket to move reciprocally on the handpiece (Chen, Abstract).
Regarding claim 11, modified Chen discloses the massage body is provided with a hollow massage portion for accommodating the penis (Chen, Paragraph [0036]).
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US20250099320A1) in view of Sloan (US20230023236A1) and Han (KR20220093929A) as applied to claim 1 above, and further in view of Tazbaz (US20150316773A1).
Regarding claims 12-15, Chen, as modified in claim 1, teaches the massage bracket is on the handpiece in claim 1 supra, but does not disclose the massage bracket is configured to perform radial expansion and contraction. Sloan teaches discloses an adjustable gripper mechanism for male masturbation devices that allows for adjustment in gripper diameter (Abstract) wherein the male masturbation device is an analogous system to the instant application (Figure 1). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the massager as taught by modified Chen, with the massage bracket being configured to perform radial expansion and contraction as taught by Sloan, since such a modification would provide the predictable results for adjustment in gripper diameter based on individual variations in the girth of penises or based on individual preferences regarding tightness (Paragraph [0047]).
Chen, as modified, does not disclose the massage bracket is a rack-type massage bracket wherein the rack-type massage bracket comprises an upper cover plate and a base plate as carriers, two sides of the base plate as a bottom carrier are respectively provided with a first adjusting piece and a second adjusting piece for adjusting tightness, wherein the first adjusting piece and the second adjusting piece are provided with radial rack structures facing each other, and an adjusting seat is provided above rack sections of the first adjusting piece and the second adjusting piece for constraining an adjusting travel and the adjusting seat is provided with an adjusting wheel, a bottom of the adjusting wheel is provided with an adjusting rod with teeth, and the adjusting rod extends into a space between opposite racks and engages with the racks, so as to drive the first adjusting piece and the second adjusting piece to move towards each other through a rotation of the adjusting wheel and adjust the tightness. Tazbaz discloses the mechanism of claims 12-15 in figures 1-14, for use with a head band. If a POSITA was looking for an alternative way to better constrain the massage body as disclosed by modified Chen, it would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the massager as taught by modified Chen, with rack-type adjustment mechanism as taught by Tazbaz, since such a modification would provide the predictable results of facilitating user adjustment of the massager and thereby reduce a risk of the massager being too tight and causing discomfort, or too loose and moving relative to the user during use, and negatively impacting the user's experience (Paragraph [0046]).
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 Marc D Honrath whose telephone number is (571)272-6219. The examiner can normally be reached M-F 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A Marmor II can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/M.D.H./Examiner, Art Unit 3791