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 20 July 2026. Claims 1, 4-11, and 13-20 are currently under consideration. The Office acknowledges the amendments to claims 1, 4-7, 11, and 13-17, as well as the cancellation of claims 2, 3, and 12.
Claim Objections
Claim 15 is objected to because of the following informalities: the claim should end with a period. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4-6, 9-11, 13-16, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klearman et al. (WO 2006/029187 A2; hereinafter known as “Klearman”).
Regarding claim 1, Klearman discloses a method for controlling a sexual stimulation device 1200 (Abstract; Fig. 16), comprising: operating, by a control circuitry of the sexual stimulation device, at least one motor 108/1208 of the sexual stimulation device to provide sexual stimulation to a user ([0040]-[0042]; [0046]-[0047]; [0078]; [0086]; [0088]-[0090]; [0105]); during operation of the at least one motor, monitoring, by the control circuitry, at least one motor operating parameter of the at least one motor of the sexual stimulation device in real-time ([0092]-[0094]; [0104]); and dynamically controlling, by the control circuitry, a radiating lighting element 1230 of the sexual stimulation device in real-time to emit light in response to a change in the monitored at least one motor operating parameter, so that the emitted light varies with actual operation of the at least one motor in real-time ([0091]-[0094]; [0102]-[0105]).
Regarding claim 4, Klearman discloses that the at least one motor operating parameter comprises at least one of an operating speed, a rotation, an intensity, or a stimulation pattern of the sexual stimulation device ([0091]-[0094]).
Regarding claim 5, Klearman discloses that dynamically controlling the radiating lighting element to emit the light indicates a stimulation mode of the sexual stimulation device corresponding to the at least one motor operating parameter, the stimulation mode comprising a vibration stimulation, an oscillating stimulation, a tapping stimulation, a snapping stimulation, a swinging stimulation, a reciprocatory stimulation, or a sucking stimulation ([0089]; [0092]; [0094]).
Regarding claim 6, Klearman discloses that dynamically controlling the radiating lighting element to emit the light comprises adjusting a wavelength, a frequency, or a light pattern mapped to the stimulation mode ([0092]; [0094]; [0102]; [0104]).
Regarding claim 9, Klearman discloses that the radiating lighting element comprises at least one of light emitting diodes or an organic light-emitting diode display ([0091]-[0094]).
Regarding claim 10, Klearman discloses receiving user input via a power button of the sexual stimulation device to operate the sexual stimulation device in an ON state from an OFF state, and wherein dynamically controlling the radiating lighting element is performed based on the sexual stimulation device operating in the ON state ([0042]; [0078]; [0088]-[0090]).
Regarding claim 11, Klearman discloses a system for controlling a sexual stimulation device (Abstract; Fig. 16), comprising: one or more processors and a non-transitory computer-readable storage medium storing instructions that, when executed by the one or more processors, cause the system to perform operations ([0046]-[0047]; [0078]; [0086]; [0112]) comprising: operating at least one actuator 108/1208 of the sexual stimulation device to provide sexual stimulation to a user ([0040]-[0042]; [0046]-[0047]; [0078]; [0086]; [0088]-[0090]; [0105]); during operation of the at least one actuator, monitoring at least one actuator operating parameter of the at least one actuator of the sexual stimulation device in real-time ([0092]-[0094]; [0104]); and dynamically controlling a radiating lighting element 1230 of the sexual stimulation device in real-time to emit light in response to a change in the monitored at least one actuator operating parameter, so that the emitted light varies with actual operation of the at least one actuator in real-time ([0091]-[0094]; [0102]-[0105]).
Regarding claim 13, Klearman discloses that the at least one actuator comprises at least one motor ([0090]).
Regarding claim 14, Klearman discloses that the at least one actuator operating parameter comprises at least one of an operating speed, a rotation, an intensity, or a stimulation pattern of the sexual stimulation device ([0091]-[0094]).
Regarding claim 15, Klearman discloses that dynamically controlling the radiating lighting element to emit the light indicates a stimulation mode of the sexual stimulation device corresponding to the at least one actuator operating parameter, the stimulation mode comprising a vibration stimulation, an oscillating stimulation, a tapping stimulation, a snapping stimulation, a swinging stimulation, a reciprocatory stimulation, or a sucking stimulation ([0089]; [0092]; [0094]).
Regarding claim 16, Klearman discloses that dynamically controlling the radiating lighting element to emit the light comprises adjusting a wavelength, a frequency, or a light pattern mapped to the stimulation mode ([0092]; [0094]; [0102]; [0104]).
Regarding claim 19, Klearman discloses that the radiating lighting element comprises at least one of light emitting diodes or an organic light-emitting diode display ([0091]-[0094]).
Regarding claim 20, Klearman discloses receiving user input via a power button of the sexual stimulation device to operate the sexual stimulation device in an ON state from an OFF state, and wherein dynamically controlling the radiating lighting element is performed based on the sexual stimulation device operating in the ON state ([0042]; [0078]; [0088]-[0090]).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 7, 8, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Klearman as applied to claims 1 and 11 above, and further in view of Tseng (U.S. Pub. No. 2018/0153763 A1).
Regarding claim 7, Klearman discloses the invention as claimed, see rejection supra, but fails to disclose determining, by at least one sensor disposed in a housing of the sexual stimulation device, at least one physiological parameter of the user and dynamically controlling the radiating lighting element to emit the light based at least on the at least one physiological parameter of the user, wherein dynamically controlling the radiating lighting element based at least on the at least one physiological parameter comprises adjusting one or more parameters of the light in real-time correspondence with the at least one physiological parameter. Tseng discloses a similar method for controlling a sexual stimulation device 10 (Abstract; Figs. 1, 8; [0017]) that includes determining, by at least one sensor 31 disposed in a housing of the sexual stimulation device, at least one physiological parameter of a user and dynamically controlling a radiating lighting element 33 to emit light based at least on the at least one physiological parameter of the user, wherein dynamically controlling the radiating lighting element based at least on the at least one physiological parameter comprises adjusting one or more parameters of the light in real-time correspondence with the at least one physiological parameter, in order to indicate the status of the at least one physiological parameter ([0036]-[0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Klearman by determining at least one physiological parameter of the user by at least one sensor disposed in a housing of the sexual stimulation device and dynamically controlling the radiating lighting element by adjusting one or more parameters of the light in real-time correspondence with the at least one physiological parameter, as taught by Tseng, in order to indicate the status of the at least one physiological parameter.
Regarding claim 8, the combination of Klearman and Tseng discloses the invention as claimed, see rejection supra, and Tseng further discloses that the at least one physiological parameter comprises a heart rate of the user ([0038]).
Regarding claim 17, Klearman discloses the invention as claimed, see rejection supra, but fails to disclose determining, by at least one sensor disposed in a housing of the sexual stimulation device, at least one physiological parameter of the user and dynamically controlling the radiating lighting element to emit the light based at least on the at least one physiological parameter of the user, wherein dynamically controlling the radiating lighting element based at least on the at least one physiological parameter comprises adjusting one or more parameters of the light in real-time correspondence with the at least one physiological parameter. Tseng discloses a similar system for controlling a sexual stimulation device 10 (Abstract; Figs. 1, 8; [0017]) that includes operations for determining, by at least one sensor 31 disposed in a housing of the sexual stimulation device, at least one physiological parameter of a user and dynamically controlling a radiating lighting element 33 to emit light based at least on the at least one physiological parameter of the user, wherein dynamically controlling the radiating lighting element based at least on the at least one physiological parameter comprises adjusting one or more parameters of the light in real-time correspondence with the at least one physiological parameter, in order to indicate the status of the at least one physiological parameter ([0036]-[0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Klearman by determining at least one physiological parameter of the user by at least one sensor disposed in a housing of the sexual stimulation device and dynamically controlling the radiating lighting element by adjusting one or more parameters of the light in real-time correspondence with the at least one physiological parameter, as taught by Tseng, in order to indicate the status of the at least one physiological parameter.
Regarding claim 18, the combination of Klearman and Tseng discloses the invention as claimed, see rejection supra, and Tseng further discloses that the at least one physiological parameter comprises a heart rate of the user ([0038]).
Response to Arguments
Applicant’s arguments with respect to the rejections under 35 U.S.C. 112(b) have been fully considered and are persuasive in light of the amendments. The rejections have been withdrawn.
Applicant's arguments with respect to the rejections under 35 U.S.C. 102 based upon Klearman have been fully considered but they are not persuasive. Applicant asserts that Klearman fails to disclose real-time monitoring of a motor operating parameter during motor operation and real-time lighting control in response to a change in that monitored motor operating parameter. Applicant argues that Klearman fails to describe sensing, measuring, sampling, calculating, or otherwise monitoring a motor operating parameter while the motor is operating, nor detecting a change in a monitored motor operating parameter and controlling the LEDs in response to that detected change. Applicant asserts that a selected setting or mode is an operation command or state, not a monitored operating parameter reflecting actual operation of the motor in real-time.
The examiner disagrees that Klearman fails to disclose the recited limitations. As an initial note, the present claims do not recite anything about detecting a change in a monitored motor operating parameter. Instead, they merely recite dynamically controlling the radiating lighting element in response to a change in the monitored motor operating parameter. Indeed, the present application as-filed never once uses the term detect[ing]. Nor does it ever describe sensing, measuring, sampling, or calculating the motor operating parameter. The present application merely states in one single instance that the control circuitry is configured to monitor at least one operating parameter of the sexual stimulation device, which may include operating speed, rotation, intensity, and stimulation pattern, and may be adjusting based on operating the actuator. The examiner asserts that Klearman does indeed teach such a broad recitation of “monitor[ing].” The controller/switches may change modes and increase/decrease vibration intensity of the motor. The changes to the modes or the intensity are tracked by the control circuitry and the LEDs are controlled in response to these changes. Accordingly, Klearman teaches the recited limitations according to the broad, generic description of the present application. Certainly, Klearman does not teach measuring (for example) the operating speed of the motor and then controlling the LEDs based upon this measured value; however, the present invention also does not teach anything along these lines. If Applicant is asserting such teachings based upon the brief description provided in paragraph 0040 of the published application, rejections under 35 U.S.C. 112(a) would be made for lack of written description.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 102 based upon Tseng have been fully considered and are persuasive in light of the amendments. Therefore, the rejections have been withdrawn. However, upon further consideration, new grounds of rejection are made, as detailed supra.
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.
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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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