DETAILED ACTION
This Office Action is responsive to the Amendment filed 29 September 2026.
Claims 1, 4-19, 21 and 22 are now pending. The Examiner acknowledges the
amendments to claims 1 and 4-18, as well as the cancellation of claims 2, 3 and 20 and
the addition of claims 21 and 22.
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 are objected to because replacement Figure 15 filed 29 September 2026 appears to be missing all reference characters. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: paragraph [0060] in the last line recites “An axial direction of the axle hole 43 is perpendicular to the axial of the first rotating shaft 42”. It appears that a term is missing following “the axial”.
Appropriate correction is required.
Claim Objections
5. Claims 1 and 12 are objected to because of the following informalities: at line 14 of claim 1, “whereinin” should apparently read --wherein--; and at line 3 of claim 12, “a battery inside” should apparently read --and a battery inside--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
6. 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.
7. Claims 11-14 and 21 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.
8. At line 2 of claim 11, it is unclear if “an outer end” (of the swing rod) is the same as or different than “one end” (of the swing rod) or “the other end” (of the swing rod) recited at lines 9 and 10, respectively, of claim 1. Conventionally, a “rod” would only have two ends.
9. At line 14 of claim 21, it is unclear if “an outer end” (of the swing rod) is the same as or different than “one end” (of the swing rod) or “the other end” (of the swing rod) recited at lines 9 and 10, respectively. Conventionally, a “rod” would only have two ends.
Allowable Subject Matter
10. Claims 1, 4-10, 15-19 and 22 are allowable over the prior art of record. The following is a statement of reasons for the indication of allowable subject matter: regarding claims 1, 4-10 and 15-19, while the prior art teaches an adult sex toy for women, comprising:
a housing, defining a cavity;
a driving actuator, disposed in the cavity of the housing;
a swing rod;
a massaging portion, configured to perform percussive massage on a human body or to be inserted into a bodily orifice for massage; and
at least one fixing member fixedly connected to an external component;
wherein two ends of the swing rod are connected to the driving actuator and the massaging portion respectively, with one end of the swing rod extending into the housing and connected to the driving actuator, and the other end of the swing rod extending out of the housing and connected to the massaging portion; wherein the massaging portion is disposed separately from the housing; and the driving actuator is configured to drive the swing rod to reciprocally swing relative to the housing around a first axial direction, the prior art of record does not teach or fairly suggest an adult sex toy for women as claimed by Applicant,
wherein the fixing member is configured for wearing, and the fixing member comprises a fixing strap, and the fixing strap is made of flexible material; the fixing member further comprises two connecting buckles, each end of the fixing strap is connected to one connecting buckle respectively; the housing comprises a first shell and a second shell, the first shell and the second shell are coupled to form the housing; a portion of each of the two connecting buckles extends into the housing, and another portion of each of the two connecting buckles extends out of the housing and is connected to the fixing strap; and the two connecting buckles are fixed between the first shell and the second shell.
Regarding claim 22, while the prior art teaches an adult sex toy for women, comprising:
a housing, defining a cavity;
a driving actuator, disposed in the cavity of the housing;
a swing rod;
a massaging portion, configured to perform percussive massage on a human body or to be inserted into a bodily orifice for massage; and
at least one fixing member fixedly connected to an external component;
wherein two ends of the swing rod are connected to the driving actuator and the massaging portion respectively, with one end of the swing rod extending into the housing and connected to the driving actuator, and the other end of the swing rod extending out of the housing and connected to the massaging portion; wherein the massaging portion is disposed separately from the housing; and the driving actuator is configured to drive the swing rod to reciprocally swing relative to the housing around a first axial direction, the prior art of record does not teach or fairly suggest an adult sex toy for women as claimed by Applicant,
wherein the massaging portion comprises a connecting shell and a soft body; the soft body is connected to the connecting shell; the connecting shell is connected to the swing rod; the soft body has a massaging end and a base portion, and the massaging end is an elongated bar; one end of the massaging end is substantially perpendicularly connected to one end of the base portion; the massaging portion further comprises a first inner shell and a second inner shell; the first inner shell is connected to the connecting shell; the base portion of the soft body is connected to the first inner shell and coated on the first inner shell; and the massaging end is coated on the second inner shell.
11. Claims 11-14 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.
12. Claim 21 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.
Response to Arguments
13. Applicant’s arguments filed 29 September 2026 with respect to the objection to the Drawings have been fully considered and are persuasive, however replacement Fig. 15 is objected to for the reasons outlined above.
14. Applicant’s arguments filed 29 September 2026 with respect to the objection to the Specification have been fully considered and are persuasive, however original paragraph [0060] is objected to for the reasons outlined above.
15. Applicant’s arguments filed 29 September 2026 with respect to the rejection of claims 1-19 under 35 U.S.C. 112(b) have been fully considered and are persuasive, however new rejections are presented above to claims 11-14 and 21 in light of the amendments.
16. Applicant’s arguments filed 29 September 2026 with respect to the rejection of claims 1, 2, 4, 5, 8, 9, 11, 12, 15, 17, 19 and 20 under 35 U.S.C. 103 citing Wang in view of Yan have been fully considered and are persuasive in light of the amendments.
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 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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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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/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791
