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 .
Response to Arguments
Applicant's arguments filed 8/6/2025 have been fully considered but they are not persuasive. The arguments relate to the previously used Inagaki reference, which is no longer used in the current rejection in response to the amendments. Thus the arguments do not apply to the current rejection.
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.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US Patent 6928678) in view of Allman (US Patent Application Publication 20120272457) in view of Sama (US Patent Application Publication 20190330049) in view of Leifermann (US Patent Application Publication 20070245493).
Regarding claim 25, Chang teaches a pillow including an envelope (Figure 1; 20) enclosing pillow stuffing (Figure 1; 30), wherein the pillow stuffing includes a plurality of foam bodies (Figure 1; 30, and Column 2; lines 4-7) which are moveable relative to one another to allow the pillow to be shaped by a user, so that the pillow stuffing has sufficient firmness to support the head and neck of the user, progressively, when sleeping (Column 1; lines 45-49), and a resilience that exceeds the resilience of feather down pillow stuffing to return the pillow to its original shape when the pillow stuffing is not supporting the head and neck of the user (Foam returns completely to its original shape, whereas feathers do not, thus they are more resilient than feathers). Chang does not teach the foam bodies are independent, elongate cylindrical and memory foam, with each of the plurality of elongate memory foam bodies having predetermined sizing including a length of between 10 to 12 cm and a diameter of about 1 cm; wherein more than half of the elongate cylindrical memory foam bodies are aligned to be parallel to the same longitudinal axis, arranged in one direction, and wherein the plurality of elongate memory foam bodies predetermined sizing provides air flow to maintain the pillow at relative cool temperatures during a sleep cycle. Allman teaches wherein each of the memory foam bodies is independent (Figure 44; 870 are each independent foam cylinders) of substantially cylindrical shape and elongated (Figure 44; 870 as shown) wherein more than half of the elongate cylindrical memory foam bodies are aligned to be parallel to the same longitudinal axis (Figure 44; as shown, all of the foam cylinders are aligned to be parallel to the same longitudinal axis). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and arrived at a cushion with independent elongated cylindrical filling. One of ordinary skill in the art would have been motivated to make such a combination to provide “a geometry that can be used in a vertical position relative to an overall structure providing individual spring qualities to an otherwise unitary or monolithic structure that is both stable due to the thermoplastic foam 872 and exhibits excellent offset of compression set” (Allman Paragraph 194) and a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Chang and Allman do not teach the foam bodies are memory foam, with each of the plurality of elongate memory foam bodies having predetermined sizing including a length of between 10 to 12 cm and a diameter of about 1 cm, and wherein the plurality of elongate memory foam bodies predetermined sizing provides air flow to maintain the pillow at relative cool temperatures during a sleep cycle. Sama teaches each of the foam bodies has a length of between 10 cm to 12 cm and a diameter of about 1 cm (Paragraph 5) wherein the plurality of elongate memory foam bodies predetermined sizing provides air flow to maintain the pillow at relative cool temperatures during a sleep cycle (Figure 1; spacing is seen between the foam bodies, facilitating airflow). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) arrived at a cushion with independent resilient long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination in order to “produce a filler that mostly eliminates separation” (Sama Paragraph 3) and because a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Chang, Allman and Sama do not teach the foam bodies being memory foam. Leifermann teaches using memory foam (Paragraph 13) as a filler in a pillow. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and arrived at a cushion with memory foam independent long and thin. One of ordinary skill in the art would have been motivated to make such a combination because the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claims 26-29, 31-32, 34, 36, and 38-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US Patent 6928678) in view of Allman (US Patent Application Publication 20120272457) in view of Sama (US Patent Application Publication 20190330049) in view of Leifermann (US Patent Application Publication 20070245493) in view of Chon (US Patent 20170231410).
Regarding claim 26, Chang, as modified, does not teach the envelope includes an outer cover and an inner cover. Chon teaches the envelope includes an outer cover (Figure 3; 110) and an inner cover (Figure 3; 120). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and arrived at a covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination to “allow for a user to add or remove an amount of internal filling to increase or decrease the size of the pillow, or adjust the shape thereof.” (Chon Paragraph 7)
Regarding claim 27, Chang, as modified, does not teach the outer cover includes opposing first and second outer face panels and an outer side panel operatively located between the first and second outer face panels, the outer face panels and the outer side panel defining an enclosure. Chon teaches the outer cover including opposing first and second outer face panels and an outer side panel operatively located between the first and second outer face panels (Paragraph 23 and 34), the outer face panels and the outer side panel defining an enclosure (Figure 3; as shown, see also Figure 4a; 112 and 121). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and arrived at a covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination to “allow for a user to add or remove an amount of internal filling to increase or decrease the size of the pillow, or adjust the shape thereof.” (Chon Paragraph 7)
Regarding claim 28, Chang, as modified, does not teach the outer cover includes an outer fastener, the outer fastener adapted to provide access to the enclosure to provide the user with the ability to increase or to decrease the amount of pillow stuffing within the pillow; whereby the user can reshape the pillow. Chon teaches the outer cover includes an outer fastener (Figure 3; 117), the outer fastener adapted to provide access to the enclosure to provide the user with the ability to increase or to decrease the amount of pillow stuffing within the pillow; whereby the user can reshape the pillow (Paragraph 7). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and arrived at a covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination to “allow for a user to add or remove an amount of internal filling to increase or decrease the size of the pillow, or adjust the shape thereof.” (Chon Paragraph 7)
Regarding claim 29, Chang, as modified, does not teach the outer side panel is produced from a breathable material. Chon teaches the outer side panel is produced from a breathable material (Paragraph 31). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and arrived at a covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination to “allow for a user to add or remove an amount of internal filling to increase or decrease the size of the pillow, or adjust the shape thereof.” (Chon Paragraph 7)
Regarding claim 31, Chang, as modified, does not teach the inner cover includes opposing first and second inner face panels and an inner side panel operatively located between the first and second inner face panels, the inner face panels and the outer side panel defining a stuffing enclosure, the inner cover sized for location within the enclosure of the outer cover. Chon teaches the inner cover includes opposing first and second inner face panels and an inner side panel operatively (Figure 3; as shown, and Paragraphs 39 and 45) located between the first and second inner face panels, the inner face panels and the outer side panel defining a stuffing enclosure, the inner cover sized for location within the enclosure of the outer cover (Figure 3; 120). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and arrived at a covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination to “allow for a user to add or remove an amount of internal filling to increase or decrease the size of the pillow, or adjust the shape thereof.” (Chon Paragraph 7)
Regarding claim 32, Chang, as modified, does not teach the inner side panel is produced from a breathable material. Chon teaches the inner side panel is produced from a breathable material (Paragraph 44). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and arrived at a covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination to “allow for a user to add or remove an amount of internal filling to increase or decrease the size of the pillow, or adjust the shape thereof.” (Chon Paragraph 7)
Regarding claim 34, Chang teaches a pillow including an envelope (Figure 1; 20) enclosing pillow stuffing (Figure 1; 30), wherein the pillow stuffing includes a plurality of foam bodies (Figure 1; 30 and Column 2; lines 4-7), wherein the foam bodies are moveable relative to one another to allow the pillow to be shaped by a user, wherein the pillow stuffing has sufficient firmness to support the head and neck of a sleeping user, progressively, when sleeping (Column 1; lines 45-49), and a resilience that exceeds the resilience of feather down pillow stuffing to return the pillow to its original shape when the pillow stuffing is not supporting the head and neck of the sleeping user (Foam returns completely to its original shape, whereas feathers do not, thus they are more resilient than feathers). Chang does not teach the foam bodies are independent, elongated cylinders and memory foam, with each of the plurality of elongate memory foam bodies having predetermined sizing including a length of between 10 to 12 cm and a diameter of about 1 cm; wherein the plurality of elongate memory foam bodies predetermined sizing provides air flow to maintain the pillow at relative cool temperatures during a sleep cycle; wherein the envelope includes an outer cover and an inner cover with the outer cover including opposing first and second outer face panels and an outer side panel operatively located between the first and second outer face panels, the outer face panels and the outer side panel defining an enclosure; and wherein the outer cover includes an outer fastener, the outer fastener adapted to provide access to the enclosure for reshaping the pillow by increasing or to decreasing the amount of pillow stuffing therein, wherein more than half of the elongate cylindrical memory foam bodies are aligned to be parallel to the same longitudinal axis, arranged in one direction. Allman teaches wherein each of the memory foam bodies is independent (Figure 44; 870 are each independent foam cylinders) of substantially cylindrical shape and elongated (Figure 44; 870 as shown) wherein more than half of the elongate cylindrical memory foam bodies are aligned to be parallel to the same longitudinal axis (Figure 44; as shown, all of the foam cylinders are aligned to be parallel to the same longitudinal axis). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and arrived at a cushion with independent elongated cylindrical filling. One of ordinary skill in the art would have been motivated to make such a combination to provide “a geometry that can be used in a vertical position relative to an overall structure providing individual spring qualities to an otherwise unitary or monolithic structure that is both stable due to the thermoplastic foam 872 and exhibits excellent offset of compression set” (Allman Paragraph 194) and a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Chang and Allman do not teach each of the plurality of elongate memory foam bodies having predetermined sizing including a length of between 10 to 12 cm and a diameter of about 1 cm; wherein the plurality of elongate memory foam bodies predetermined sizing provides air flow to maintain the pillow at relative cool temperatures during a sleep cycle; wherein the envelope includes an outer cover and an inner cover with the outer cover including opposing first and second outer face panels and an outer side panel operatively located between the first and second outer face panels, the outer face panels and the outer side panel defining an enclosure; and wherein the outer cover includes an outer fastener, the outer fastener adapted to provide access to the enclosure for reshaping the pillow by increasing or to decreasing the amount of pillow stuffing therein. Sama teaches each of the foam bodies has a length of between 10 cm to 12 cm and a diameter of about 1 cm (Paragraph 5) wherein the plurality of elongate memory foam bodies predetermined sizing provides air flow to maintain the pillow at relative cool temperatures during a sleep cycle (Figure 1; spacing is seen between the foam bodies, facilitating airflow). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) arrived at a cushion with resilient independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination in order to “produce a filler that mostly eliminates separation” (Sama Paragraph 3) and because a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Chang, Allman and Sama do not teach the foam bodies being memory foam, and wherein the envelope includes an outer cover and an inner cover with the outer cover including opposing first and second outer face panels and an outer side panel operatively located between the first and second outer face panels, the outer face panels and the outer side panel defining an enclosure; and wherein the outer cover includes an outer fastener, the outer fastener adapted to provide access to the enclosure for reshaping the pillow by increasing or to decreasing the amount of pillow stuffing therein. Leifermann teaches using memory foam (Paragraph 13) as a filler in a pillow and the envelope having an inner cover (Figure 2; 32). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and arrived at a cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination because the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Chang, Allman, Sama, and Liefermann do not teach wherein the envelope includes an outer cover and an inner cover with the outer cover including opposing first and second outer face panels and an outer side panel operatively located between the first and second outer face panels, the outer face panels and the outer side panel defining an enclosure; and wherein the outer cover includes an outer fastener, the outer fastener adapted to provide access to the enclosure for reshaping the pillow by increasing or to decreasing the amount of pillow stuffing therein. Chon teaches the envelope includes an outer cover (Figure 3; 110) and an inner cover (Figure 3; 120) with the outer cover including opposing first and second outer face panels and an outer side panel operatively located between the first and second outer face panels (Paragraph 23 and 34), the outer face panels and the outer side panel defining an enclosure (Figure 3; as shown, see also Figure 4a; 112 and 121); and wherein the outer cover includes an outer fastener (Figure 3; 117), the outer fastener adapted to provide access to the enclosure for reshaping the pillow by increasing or to decreasing the amount of pillow stuffing therein (Paragraph 7). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and arrived at a covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination to “allow for a user to add or remove an amount of internal filling to increase or decrease the size of the pillow, or adjust the shape thereof.” (Chon Paragraph 7)
Regarding claim 36, Chang, as modified, does not teach the outer side panel is produced from a breathable material. Chon teaches the outer side panel is produced from a breathable material (Paragraph 31). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and arrived at a covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination to “allow for a user to add or remove an amount of internal filling to increase or decrease the size of the pillow, or adjust the shape thereof.” (Chon Paragraph 7)
Regarding claim 38, Chang, as modified, does not teach the enclosure is a first enclosure and the inner cover includes opposing first and second inner face panels and an inner side panel operatively located between the first and second inner face panels, the inner face panels and the inner side panel defining a second enclosure with the second enclosure holding the pillow stuffing therein. Chon teaches the enclosure is a first enclosure and the inner cover includes opposing first and second inner face panels and an inner side panel operatively (Figure 3; as shown, and Paragraphs 39 and 45) located between the first and second inner face panels, the inner face panels and the inner side panel defining a second enclosure with the second enclosure holding the pillow stuffing therein (Figure 3; 130). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and arrived at a covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination to “allow for a user to add or remove an amount of internal filling to increase or decrease the size of the pillow, or adjust the shape thereof.” (Chon Paragraph 7)
Regarding claim 39, Chang, as modified, does not teach the inner side panel is produced from a breathable material. Chon teaches the inner side panel is produced from a breathable material (Paragraph 44). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and arrived at a covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination to “allow for a user to add or remove an amount of internal filling to increase or decrease the size of the pillow, or adjust the shape thereof.” (Chon Paragraph 7)
Claims 30, 33, 37 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US Patent 6928678) in view of Allman (US Patent Application Publication 20120272457) in view of Sama (US Patent Application Publication 20190330049) in view of Leifermann (US Patent Application Publication 20070245493) in view of Chon (US Patent 20170231410) in view of Sarkozi (US Patent 4956886).
Regarding claim 30, Chang, as modified, does not teach the breathable material is an acrylic textile fiber. Sarkozi teaches forming a casing in a pillow from an acrylic textile fiber (Column 2; lines 20-22). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and Sarkozi (directed to an acrylic pillow case) and arrived at an acrylic covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination because the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding claim 33, Chang, as modified, does not teach the breathable material is an acrylic textile fiber. Sarkozi teaches forming a casing in a pillow from an acrylic textile fiber (Column 2; lines 20-22). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and Sarkozi (directed to an acrylic pillow case) and arrived at an acrylic covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination because the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding claim 37, Chang, as modified, does not teach the breathable material is an acrylic textile fiber. Sarkozi teaches forming a casing in a pillow from an acrylic textile fiber (Column 2; lines 20-22). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and Sarkozi (directed to an acrylic pillow case) and arrived at an acrylic covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination because the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding claim 40, Chang, as modified, does not teach the breathable material is an acrylic textile fiber. Sarkozi teaches forming a casing in a pillow from an acrylic textile fiber (Column 2; lines 20-22). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chang (directed to a cushion with resilient filling) and Allman (directed to a pillow with independent elongated cylindrical filling) and Sama (directed to a long and thing cushioning filling) and Leifermann (directed to a memory foam filling for a cushion) and Chon (directed to a pillow with a cover) and Sarkozi (directed to an acrylic pillow case) and arrived at an acrylic covered cushion with memory foam independent long and thin filling. One of ordinary skill in the art would have been motivated to make such a combination because the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
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 MORGAN J MCCLURE whose telephone number is (571)270-0362. The examiner can normally be reached Tuesdays 12pm-10pm and Thursdays 12pm-10pm.
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/MORGAN J MCCLURE/Examiner, Art Unit 3673
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679