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 July 2026, is acknowledged. Claims 1, 3, 4, 6-12, and 14-18 are amended. Claims 2 and 19-20 are cancelled. Claims 21-23 are new.
Claims 1, 3-18 and 21-23 are pending in the instant application.
Response to Arguments
Applicant’s arguments, filed 27 July 2026, with respect to the objection to the drawings, have been fully considered and are persuasive in light of the amendment. The objection to the drawings has been withdrawn.
Applicant’s arguments, with respect to the objections to claims 1, 4, 5, 8, 10, 15, 16 and 20, have been fully considered and are persuasive in light of the amendment. The objections to claims 1, 4, 5, 8, 10, 15, 16 and 20 have been withdrawn.
Applicant’s arguments, with respect to claim limitation interpretation under 35 USC 112(f) of claims 1 and 20, have been fully considered and are persuasive in light of the amendment. The claim limitation interpretation under 35 USC 112(f) of claims 1 and 20 has been withdrawn.
Applicant’s arguments, with respect to the 35 USC 112(a) and 35 USC 112(b) rejections of claims 3, 7-15, 17-18, and 19-20 have been fully considered and are persuasive in light of the amendment. The 35 USC 112(a) and 35 USC 112(b) rejections of claims 3, 7-15, 17-18, and 19-20 have been withdrawn.
Applicant’s arguments, with respect to the 35 USC 102 and 103 rejections of claims 1-9, 12, 14, and 17-20 have been fully considered and are persuasive in light of the amendment. The 35 USC 102 and 103 rejections of claims 1-9, 12, 14, and 17-20 have been withdrawn.
Claim Objections
Claims 1, 6, 7, 14, 16 and 22 are objected to because of the following informalities:
Claim 1, lines 9-10 recites “the two swing rods of the at least two rods encircle the penis to allow the penis being received in the receiving space” but for clarity examiner suggests --the two swing rods of the at least two rods are configured to encircle the penis when the penis is received in the receiving space,--.
Claim 6, line 4, recites “caviy” but should read --cavity--.
Claim 6, line 6, recites “the opening of the massage body, the penis is allowed to be inserted into the cavity via the opening.” but examiner suggests for clarity --the opening of the massage body, wherein the opening is configured to allow the penis to be inserted into the cavity.--.
Claim 7, lines 2-3, recites “the protective cover is covered on each of the at least two swing rods,” but examiner suggests for clarity --the protective cover is configured to cover each of the at least two swing rods--.
Claim 14, lines 3-5 recite “the driving motor and part of the at least two swing rods of the clamping component and the negative pressure generating portion are installed in the installation portion,” but should read --the driving motor, part of the at least two swing rods of the clamping component and the negative pressure generating portion are installed in the installation portion,-- for grammatical purposes.
Claim 14, lines 7-8, recite “the penis is allowed to be inserted into the cavity via the opening” but examiner suggests for clarity --wherein the opening is configured to allow the penis to be inserted into the cavity--.
Claim 16, line 4, recites “the two pair” but should read --the two pairs--.
Claim 22, lines 4-5, recite “the penis is allowed to be inserted into the cavity via the opening” but examiner suggests for clarity --wherein the opening is configured to allow the penis to be inserted into the cavity--.
Appropriate correction is required.
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 1, 3-18 and 21-23 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.
Claim 1 recites the limitation "at least two rods" in line 10. There is insufficient antecedent basis for this limitation in the claim as previous recitations are “at least two swing rods”.
Claims 3-18 inherit the same deficiency.
Claim 6, line 3 recites the limitation “of each pair of swing rods”. There is insufficient antecedent basis for this limitation in the claim as claim 1 recites a singular pair swing rods. It may be advantageous to amend claim 1 lines 7-9 to read --at least two swing rods, wherein the at least two swing rods comprise at least one pair of swing rods, with each swing rod of the at least one pair of swing rods being opposite to the other swing rod of the pair, wherein the at least one pair of swing rods are arranged in a first plane perpendicular to the longitudinal direction to define a receiving space:--.
Claims 7-11, 15 and 16 inherit the same deficiency.
Claim 12 is dependent on claim 2, which has been cancelled. Claim 13 inherits the same deficiency.
Claim 21, lines 13-14 recites “two swing rods of the at least two swing rods” but it is unclear if the two swing rods are intended to be the same two swing rods of line 6 or different.
Claim 22, line 15 recites the limitation “of each pair of swing rods”. There is insufficient antecedent basis for this limitation in the claim as claim 1 recites a singular pair swing rods. It may be advantageous to amend claim 1 lines 6-8 to read --at least two swing rods, wherein the at least two swing rods comprise at least one pair of swing rods, with each swing rod of the at least one pair of swing rods being opposite to the other swing rod of the pair, wherein the at least one pair of swing rods define a receiving space configured to receive the penis;--.
Claim 23 inherits the same deficiency.
Allowable Subject Matter
Claims 1, 3-18 and 21-23 would be allowable if rewritten or amended to overcome the claim objections and rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, as set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 1, the claim recites a sexual massage device comprising a massage body having a cavity to accommodate a penis, a clamping component configured to repeatedly clamp and release the penis, the clamping component comprising at least two swing rods, the at least two swing rods comprising two swing rods being opposite to each other and arranged in a first plane perpendicular to the longitudinal direction: wherein when the clamping component clamps the penis, the two swing rods of the at least two rods encircle the penis, and the penis extends along the longitudinal direction; an installation portion mounted on the massage body; and a negative pressure generator comprising a suction device received in the installation portion; wherein the massage body is able to be in a negative pressure state provided by the negative pressure generator to apply pressure massage on the penis. The prior art, Fuster (US 20100036298 A1), teaches a sexual massage device comprising a massage body having a cavity to accommodate a penis, a clamping component configured to repeatedly clamp and release the penis, the clamping component comprising at least two swing rods, the at least two swing rods comprising two swing rods being opposite to each other, an installation portion mounted on the massage body; and a negative pressure generating component. Fuster fails to disclose swing rods being arranged in a first plane perpendicular to the longitudinal direction and the negative pressure generator comprising a suction device being received in the installation portion.
Wang (US 20250161150 A1) is the closest prior art that discloses the clamping component configured to repeatedly clamp and release the penis, the clamping component comprising at least two swing rods, the at least two swing rods comprising two swing rods being opposite to each other and arranged in a first plane perpendicular to the longitudinal direction: wherein when the clamping component clamps the penis, the two swing rods of the at least two rods encircle the penis, and the penis extends along the longitudinal direction, but Wang does not disclose the negative pressure generator. As Wang is the inventor and the disclosure is within the grace period, it would not have been obvious to combine the clamping component of Wang with a negative pressure generator for generating a negative pressure in the massage body.
Regarding claim 21, the claim recites a sexual massage device capable of massaging a penis, the sexual massage device comprising a massage body having a cavity to accommodate the penis; a clamping component configured to repeatedly clamp and release the penis thus performing a pinching massage on the penis, the clamping component comprising at least two swing rods, two swing rods of the at least two swing rods being opposite to each other to define a receiving space to receive the penis; an installation portion mounted on the massage body; and a negative pressure generator received in the installation portion, the negative pressure generator comprising a suction device; wherein the massage body is able to be in a negative pressure state provided by the negative pressure generator to apply pressure massage on the penis; the installation portion is sealed on the massage body, the installation portion comprises a first installation portion, a connecting portion, and a second installation portion are sequentially communicated with each other, wherein the first installation portion is disposed at one side of the massage body, the second installation portion is disposed at a bottom of the massage body, and the installation portion is generally L-shaped.
For similar reasons disclosed with respect to claim 1, claim 21 is allowed. In addition, the prior art fails to disclose an installation portion as disclosed in claim 21, wherein the installation portion is L-shaped.
Regarding claim 22, the claim recites similar limitations to claims 1 and 21 with respect to the massage body, clamping component and installation portion comprising a negative pressure generator in addition to the limitations of "an eccentric post is formed on an end face of the rotating member... an elongated moving hole is defined in the middle of the transmission member along a length direction of the transmission member to allow the eccentric post of the rotating member to pass through, two ends of main body of the transmission member further form guiding shafts perpendicularly passing through the transmission member, two ends of the guiding shafts are fixed on installation portion, and two ends of the transmission member are movably installed on the guiding shafts, allowing the transmission member to slide up and down along the guiding shafts." The prior art of Fuster fails to disclose the transmission device of claim 22. The closest prior art found is Wang (US 12458562 B2), which shares an inventor with the instant application and was published within the grace period. It also would not have been obvious to rearrange the components of Fuster in the manner of Wang, as Wang teaches the swing rods to be perpendicular to the driving components.
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
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