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 .
Election/Restrictions
2. Applicant’s election of claims 1-20 in the reply filed on 26 June 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
3. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “35”, “35d” and “624”. 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. 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
4. The amendment filed 26 June 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure (paragraphs [0065] and [0074]) is as follows: while the specification appears to disclose the first turntable 51a, the second turntable 51b and the third turntable 51c, the disclosure does not appear to support “an output gear 35…teeth of the first turntable 51a, the second turntable 51b or the third turntable 51c mesh with the output gear 35”.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
5. Claims 1, 3-10, 13-16, 18 and 20 are objected to because of the following informalities: at line 11 of claim 1, “the massaging portion is disposed” should apparently read –wherein the massaging portion is disposed--; at line 12 of claim 1, “housing;” should apparently read –housing; and--; at line 6 of claim 3, “the connecting buckles” should apparently read –and the connecting buckles--; at line 5 of claim 4, “to rotate;” should apparently read –to rotate; and--; at line 6 of claim 5, “mechanism;” should apparently read –mechanism; and--; at line 5 of claim 6, “the worm wheel” should apparently read –and the worm wheel--; at line 8 of claim 7, “member;” should apparently read –member; and--; at line 3 of claim 8, “recess;” should apparently read –recess; wherein--; at line 4 of claim 9, “direction;” should apparently read –direction; and--; at line 8 of claim 10, “guide groove;” should apparently read –guide groove; and--; at line 5 of claim 13, “one of” should apparently read –and one of--; at line 3 of claim 14, “the adjustment mechanism” should apparently read –and the adjustment mechanism--; at line 4 of claim 14, “a second fastener;” should apparently read –a second fastener; wherein--; at line 3 of claim 15, “shell;” should apparently read –shell; and--; at line 3 of claim 16, “the base portion;” should apparently read –the base portion; and--; at line 6 of claim 18, “shell;” should apparently read –shell; and--; and at line 11 of claim 20, “portion,” should apparently read –portion, and--. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “fixing member” in claim 20 (the equivalent structure of which is a fixing strap).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-19 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 at line 13 recites “a first axis direction”. While it is clear what constitutes a first axis, it is unclear what the term “direction” imparts to the claim in this recitation.
At line 4 of claim 3, it is unclear which “the connecting buckle” is being referenced.
Claim 4 at line 6 recites the limitation "the motion". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 at line 7 recites the limitation "the rotational speed". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 at line 2 recites “a second turntable” which is indefinite as it implies prior recitation of a turntable, which is not present in the claims.
Claim 7 at lines 2-3 recites “a second rotating shaft” which is indefinite as it implies prior recitation of a rotating shaft, which is not present in the claims.
Claim 7 at line 3 recites the limitation "the output end of the deceleration mechanism". There is insufficient antecedent basis for this limitation in the claim.
Claim 9 at line 3 recites the limitation "the bottom". There is insufficient antecedent basis for this limitation in the claim.
Claim 9 at line 4 recites “a second axis direction”. While it is clear what constitutes an axis, it is unclear what the term “direction” imparts to the claim in this recitation.
Claim 10 at line 3 recites that the transmission rod is “rotatably and immovably disposed relative to the housing”. It is unclear how the rod can be “rotatable” if it is also required to be “immovable”.
Claim 10 at line 10 recites “one end of the swing arm”. It is unclear if the swing arm has 3 ends as lines 5 and 6 independently recite two ends of the arm and conventionally, an arm would only have two ends.
Claim 11 at line 2 recites the limitation "the outer end". There is insufficient antecedent basis for this limitation in the claim.
Claim 12 at lines 2-3 recites “allowing a battery inside the housing to supply power to electrical components, including a vibration motor inside the massaging portion”. It is unclear, based on this recitation of “allowing” if the limitations following it are required by the claim or not.
At line 5 of claim 13, it is unclear which “the first electrode” is being referenced as line 3 requires “two…first electrodes”. A suggested amendment to line 5 is –the first electrodes--.
At line 6 of claim 13, it is unclear which “the second electrode” is being referenced as line 4 requires “two…second electrodes”. A suggested amendment to line 6 is –the second electrodes--.
Claim 14 at line 3 recites “…and fixedly connected”. It is unclear what elements of the claim are “fixedly connected”.
Claim 16 at line 3 recites the limitation "the massaging head". There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1, 2, 4, 5, 8, 9, 11, 12, 15, 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (U.S. Pub. No. 2025/0161149) in view of Yan (U.S. Pub. No. 2024/0299238). (It is noted that the effective filing date of the instant application is determined to be 5 March 2026 for claim 1 and its dependents, specifically for the recitation of “the driving actuator is configured to drive the swing rod to reciprocally swing relative to the housing around a first axis direction”; and claim 20 for the recitation: “…wherein one end of the swing rod is pivotally connected to the main body to allow reciprocal swinging motion, the other end of the swing rod is fixedly connected to the massaging portion, the swinging motion of the swing rod drives the massaging portion to swing relative to the main body.)
Regarding claims 1 and 2, Wang discloses an adult sex toy for women ([0003] and [0039]-[0041]), comprising: a housing 20, defining a cavity (Fig. 4 and [0039]);
a driving actuator, disposed in the cavity of the housing (Fig. 4 and [0042]);
a swing rod 441 (Figs. 4-5; [0046] and [0054]); and
a massaging portion 26, configured to perform percussive massage on a human body or to be inserted into a bodily orifice for massage ([0041]-[0044] and Fig. 4);
wherein two ends of the swing rod 441 are connected to the driving actuator and the massaging portion respectively (Figs. 4-6), with one end of the swing rod extending into the housing and connected to the driving actuator (as shown in Fig. 3), and the other end of the swing rod extending out of the housing and connected to the massaging portion 26 (as also shown in Fig. 3); wherein the massaging portion 26 is disposed separately from the housing (as shown in Fig. 1); and the driving actuator is configured to drive the swing rod to reciprocally swing relative to the housing around a first axis direction ([0043]-[0044], [0009] and [0055]).
However, Wang fails to disclose that the toy further comprises at least one fixing member fixedly connected to an external component, 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. Yan discloses a massage device for stimulating erogenous zones of a user, as likewise disclosed by Wang, wherein the shell/housing of the device may be provided with a wearable member, such as a telescopic belt, a bandage with a buckle, and the like in order to facilitate wear by the user around multiple portions of the user’s body [0063]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a flexible belt connected to an external component/shell of the device as taught by Yan, to the outer shell/housing of a stimulation apparatus as taught by Wang, as Wang teaches an apparatus to be held in order to stimulate various parts of the male or female body ([0003], [0045] and [0064]) and Yan recognizes that incorporating a telescopic belt, or bandage with a buckle, for instance, enables placement of the massage device on various parts of the body, thus freeing hands of the users [0063].
Regarding claim 4, Wang teaches that the driving actuator comprises a driving motor 421, a deceleration mechanism 423, and a transmission mechanism 46, the driving motor, the deceleration mechanism, and the transmission mechanism are disposed in the cavity of the housing (Figs. 3-5 and [0046]-[0049]); the deceleration mechanism 423 is connected to the driving motor 421 and driven by the driving motor to rotate (Fig. 4 and [0047]-[0048]); the transmission mechanism 46 is connected between the deceleration mechanism 423 and the swing rod 441 to transmit the motion from the deceleration mechanism 423 to the swing rod 441 (Fig. 4 and [0053]-[0055]).
Regarding claim 5, Wang teaches that the deceleration mechanism comprises a casing/housing 425 and a transmission deceleration component (gears 427+429); the casing 425 is fixed inside the cavity; the transmission deceleration component is disposed inside the casing (Fig. 7 and [0047]); an input end of the transmission deceleration component is connected to an output shaft 422 of the driving motor (Fig. 7 and [0047]); an output end 429 of the transmission deceleration component is connected to the transmission mechanism [0048]; the transmission deceleration component is configured for deceleration so that the rotational speed at the output end is less than that at the input end ([0047]-[0048]).
Regarding claim 8, Wang teaches wherein an outer surface of the housing 20 is recessed inwards to form a recess, and a remote controller 60 is detachably provided in the recess; the remote controller is configured for remotely controlling the driving actuator ([0062]; and Figs. 3-4).
Regarding claim 9, Wang teaches wherein the adult sex toy for women further comprises an angle plate 445 and an angle adjustment assembly 48; the angle plate is provided at “a bottom” of the housing 20 (as shown in Fig. 3); one end of the angle plate 445 is rotatably connected to the housing around a second axis direction [0057]; the angle adjustment assembly 48 is connected between the angle plate 445 and the housing 20 to adjust an angle between the angle plate 445 and the housing ([0056]-[0057]).
Regarding claim 11, Wang teaches wherein, an end of the massaging portion is rotatably connected to an outer end of the swing rod via an adjustment mechanism to allow angle adjustment to adjust an angle between the massaging portion and the housing ([0054] and [0060]).
Regarding claim 12 and in view of its indefinite nature, Wang teaches wherein a circuit connection portion (circuitry extending to vibration motor 30) is provided at a connection portion 24 between the massaging portion and the swing rod (Figs. 3-4), allowing a battery inside the housing to supply power to electrical components, including a vibration motor inside the massaging portion [0062].
Regarding claim 15, Wang teaches wherein the massaging portion comprises a connecting shell ([0042]-[0043]) and a soft body 24 ([0039]-[0041]: the outer shell which comprises the soft body 24 is made of flexible materials such as silicone or rubber, which are deemed to be “soft”); the soft body is connected to the connecting shell; the connecting shell is connected to the swing rod 441 (Figs. 1 and [0054]).
Regarding claim 17, Wang teaches wherein the massaging portion comprises a connecting shell 44 and a soft body ([0039]-[0041]: made of flexible materials such as silicone or rubber, which are deemed to be “soft”); the soft body is connected to the connecting shell ([0039]-[0041]); the connecting shell is connected to the swing rod 441 [0054]; the soft body has a massaging end ([0054]: “One end of the swinging bar 441, preferably an end away from the first pivot 442, is configured as a swinging end 443 and extends into one of the second massage portions 26 of the shell 20”), and the massaging end is an elongated bar (as shown in Fig. 4 and described at [0042]).
Regarding claim 19, Wang teaches wherein at least one vibration motor is provided inside the massaging portion ([0045] and Figs. 2-4).
Regarding claim 20, Wang discloses an adult sex toy for women ([0003] and [0039]-[0041]), comprising: a main body 20 (Fig. 4 and [0039]);
a massaging portion 26, having a penis-shaped massaging head or an elongated bar-shaped massaging end (Fig. 4); and
a swing rod 441 (Figs. 4-5; [0046] and [0054]), two ends of the swing rod connected to the main body 20 and the massaging portion 26 respectively (Figs. 3-5);
wherein one end of the swing rod 441 is pivotally connected to the main body to allow reciprocal swinging motion [0054], the other end of the swing rod 441 is fixedly connected to the massaging portion (see Fig. 3), and the swinging motion of the swing rod drives the massaging portion to swing relative to the main body ([0054]-[0057]).
However, Wang fails to disclose that the toy further comprises a fixing member connected to the main body and configured to be fixed to a human body or an object. Yan discloses a massage device for stimulating erogenous zones of a user, as likewise disclosed by Wang, wherein the shell/housing/main body of the device may be provided with a wearable member, such as a telescopic belt, a bandage with a buckle, and the like in order to facilitate wear by the user around multiple portions of the user’s body [0063]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a belt connected to an external component/shell/main body of the device as taught by Yan, to the outer shell/housing/main body of a stimulation apparatus as taught by Wang, as Wang teaches an apparatus to be held in order to stimulate various parts of the male or female body ([0003], [0045] and [0064]) and Yan recognizes that incorporating a telescopic belt, or bandage with a buckle, for instance, enables placement of the massage device on various parts of the body, thus freeing hands of the users [0063].
Allowable Subject Matter
Claims 3, 6, 7, 10, 13, 14, 16 and 18 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. Pub. No. 2025/0143960; and U.S. Patent No. 12,433,819.
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
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