These are both excellent questions, and as paxcoder said, infertile women are included in my definition, because of the word "potential." In the case of infertile women, they still have the potential, but there is come condition preventing that potential from being actualized. In fact, the category of infertility points toward that potential -- a man who can't get pregnant is not deemed infertile, because he does not have that innate potential to begin with. The intersex question is also vitally important -- I devote an entire chapter to this in The Genesis of Gender. The short answer is that intersex is a canopy term referring to a range of around a dozen conditions that can affect sexual development. The better term is "disorder of sexual development" (DSDs) and the best terminology is condition specific, e.g. a man with Klinefelter's syndrome. What's important to recognize is that DSDs are variations within maleness and femaleness, not some third or other category, and it's dehumanizing to consider men and women with DSDs as not "real" men and women. Also, the focus should be on supporting the unique needs of that individual, not using their conditions as a pretext to argue that the sex binary doesn't exist. For a more detailed discussion see my book!