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 .
This Office Action is responsive to the Amendment filed 28 July 2026. Claims 24-45 are currently under consideration. The Office acknowledges the cancellation of claims 1-23 and the addition of new claims 24-45.
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 25, 26, and 39 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 25 recites the limitations "the axis of rotation" in line 1 and “the central axis” in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 26 recites the limitations "the axis of rotation" in line 1 and “the central axis” in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 39 recites the limitation "the axis of rotation" in the last two lines. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 24, 27-38, and 40-45 are allowed.
Claims 25, 26, and 39 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.
The following is an examiner’s statement of reasons for allowance and the indication of allowable subject matter: regarding claims 24-39, as detailed in the previous Office action, none of the prior art of record teaches or reasonably suggests such detachably connectable distal ends of first and second contact bodies to reduce a radial size of the receiving cavity, in combination with the other recited components. Regarding claims 40-44, as detailed in the previous Office action, none of the prior art of record teaches or reasonably suggests such a connection body and an ellipsoid body, wherein two axial ends of the connection body are connected to the shell and the ellipsoid body, respectively, in combination with the other recited components. Regarding claim 45, none of the prior art of record teaches or reasonably suggests such a first massage portion with first and second contact bodies disposed on opposite sides of the shell, the first and second contact bodies being curved structures and each having a distal end, wherein the distal ends are connected by an elastic body, in combination with the other recited components.
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.”
Response to Arguments
Applicant’s arguments with respect to the objection to claim 16, the rejection of claim 17 under 35 U.S.C. 112(b), and the rejections under 35 U.S.C. 102 have been fully considered and are persuasive in light of the amendments. The objection and rejections have been withdrawn.
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 THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791
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