as far as I understand, this patent pending is for a huge device which is for intra vaginal observation of the cervix as well as for introducing pregnancy by inserting sperm.

Nevertheless I don't know if it affects my idea of an intra vaginal thermometer used to continuously measuring the woman's temperature. The measurement is thought to be transferred by radio signal and then evaluated by a smartphone app to predict fertility status.

Any idea if this patent is affecting my project?

Thanks a lot, crt


1 Answer 1


In Application US20110190581

The abstract sounds like your smartphone app idea. Claim 1 does also:

  1. A method used by a server in a communication network, the communication network also having a plurality of sensor devices and a support computer, each of the plurality of sensor devices capturing sensor data via a vaginal channel of a female reproductive system, the method comprising: establishing communication with the plurality of sensor devices; receiving the sensor data captured by at least one of the plurality of sensor devices via the vaginal channel of the female reproductive system; generating display data based on the sensor data received; and delivering the display data to the support computer.

It's important to understand for claim 1 that you'd need to have a a plurality (more than one) sensor inserted into the vagina which communicates to a server/computer which is your smartphone in this case. This patent specifically discusses smartphone as a the desired readout device.

(Edit: Added Claim 7 to answer)

Claim 7

A method used by a server in a communication network to make a related data selection from a plurality of data, the communication network comprising a medical sensor device that captures sensor data via a vaginal channel of a female reproductive system, the method comprising: establishing communication with the medical sensor device; receiving the sensor data captured by the medical sensor device; and selecting the related data from the plurality of data, the selection being based at least in part on the sensor data received.

In claim 7, it only discusses a single sensor device receiving a plurality of data. Beware.

The best thing for you would be to utilize a Patent Attorney and or this AskPatents website as it seems to have the ability to prevent a patent application from becoming a patent (the main goal here). If this is a method/software/utility patent, the patent application can file for an expedited review (as we see with the '060 case on pitch detection listed here) and at that point, the patent applicant can claim (under penalties of perjury) that they conducted all prior art searches and can easily argue novel over prior art with little or no rejection from a patent examiner.

Despite the "smartphone" term used in the description, a smartphone is indeed a small computer. If you can find any prior art that A) uses a vaginal sensor and B) communicates the data to a computer for monitoring the temperature then you should be able to prevent the patent from being granted, moving you out of harms way.

Remember Claim 1 is in an independent claim for a METHOD. This means that it is not bound to an embodiment, regardless of the Abstract, Description, and such. If you can find anything to invalidate that claim, that is not listed as Prior Art, then you have helped yourself as well.

Last, beware that you can and most likely will be served with a demand letter followed by a lawsuit just by merely entering into the same market with a similar concept. Even if your product does not infringe, it still does not matter when being sued. All the patentee has to claim is that you infringed on their patent. They are not required to act in good faith and tell you how you infringed, or what you owe. Patents can be asserted in bad faith to destroy competition, hence monopolizing. The estimated cost to defending a patent infringement case is $2.6 million US.

Good luck!

  • 1
    Regarding plurality it is very important to remember this is just an Application. During the prosecution of this application, it is possible to remove plurality of sensors and just call it a "sensor", which would ultimately be a surprise to you if you launch a product that uses only one sensor, and the applicant of the patent decides they want to cover your new innovation as well. Dec 20, 2013 at 16:22
  • Added Claim 7 after the initial answer. Please look at that carefully. Dec 20, 2013 at 16:32
  • The accelerated examination has mostly given way to the new AIA prioritized examination. It is not as accelerated but just involves paying a fee rather than doing the examiners work.
    – George White
    Dec 20, 2013 at 19:02

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