DETAILED ACTION
This office action is in response to the remarks and amendments filed on 10/28/25. Claims 28-43 are pending. Claims 28-43 are rejected.
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 .
Claim Objections
Claim 38 is objected to because of the following informalities: the claim recites “such that a second ends…”. Examiner suggests --- such that second ends ---, or --- such that a second end ---.
Claim Rejections - 35 USC § 112 (a)
The following is a quotation of 35 U.S.C. 112(a):
IN GENERAL.--The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 46 is rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement. The subject matter of claim 46 is considered to be new matter as it is not described in the originally filed disclosure. Specifically, there is no discussion of two fastener assemblies or depiction in the originally filed figures. As best understood, two fastener assemblies would be two of the expandable zipper and gusset structure seen in Applicant’s Fig. 10. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
CONCLUSION.--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.
Claim 28 and its dependent claims are rejected under 35 U.S.C. 112(b). The claim recites the limitation "the second ends of the opening.” There is insufficient antecedent basis for this limitation in the claim because there is no prior recitation of a second end of the opening. Appropriate correction is required.
In view of the above rejections the respective claims are rejected as best understood on prior art as follows:
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 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 of this title, 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 28-30, 33-35, and 37-45 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application 2004/0019972 to Schecter et al. (“Schecter”) in view of US Patent Application Publication 2012/0284924 to Pratt et al. (“Pratt”).
Claim 28. A pillow (Schecter, Fig. 1, #20) comprising: one or more inserts (Schecter, Fig. 5, #76); and a pillow cover (Schecter, Fig. 1, #22) comprising a top layer having one or more top edges that define a perimeter of the top layer (Schecter, Fig. 1), a bottom layer having one or more bottom edges that define a perimeter of the bottom layer (Schecter, Fig. 1, #20) and one or more gussets (Schecter, Fig. 1, #34, 44, 48) that are connected between the one or more top edges and the one or more bottom edges such that the top layer, the bottom layer and the one or more gussets define an interior space of the pillow cover (Schecter, Fig. 5); wherein the pillow cover further comprises an opening (Schecter, Fig. 1, #40) formed through a first gusset of the one or more gussets, the opening being configured to enable the one or more inserts to be selectively inserted into and removed from the interior space (Schecter, paragraph [0011]); wherein the pillow cover further comprises a fastener having a top fastener section and a bottom fastener section, wherein first ends of the top and bottom fastener sections are positioned at a first end of the opening in the first gusset and the top and bottom fastener sections extend fully around a perimeter of the pillow cover and then beyond the first ends of the top and bottom fastener sections such that a set of second ends of the top and bottom fastener sections are positioned towards the second ends of the opening relative to the first ends of the top and bottom fastener sections, wherein the top and bottom fastener sections extend along top and bottom edges respectively of the opening in the first gusset such that the fastener is configured to open and close the opening, wherein the top and bottom fastener sections then diverge to extend along the one or more top edges and the one or more bottom edges respectively such that the fastener when closed pulls the one or more top edges and the one or more bottom edges together to collapse the one or more gussets and such that the fastener when opened separates the one or more top edges from the one or more bottom edges to allow the one or more gussets to expand to thereby allow a loft of the pillow to be selectively adjusted using the fastener (Schecter does not disclose a fastener that is configured in the claimed manner; however Pratt teaches an expandible pillow with a zipper that is configured as claimed, as seen in Fig. 1; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the pillow of Schecter with the zipper of Pratt in order to have a means to expand or contract the pillow and thereby change its size and its amount of firmness).
Claim 29. The pillow of claim 28, wherein the fastener is a zipper (Pratt discloses the use of a zipper; see at least the Abstract).
Claim 30. The pillow of claim 28, wherein the top and bottom layers each have a rectangular shape (the pillow disclosed by Schecter is rectangular, as is the pillow of Pratt) such that the one or more top edges are four top edges, the one or more bottom edges are four bottom edges, and the one or more gussets are four gussets (the pillow of Schecter has a continuous gusset; see Fig. 1 and paragraph [0033]).
Claim 33. The pillow of claim 28, wherein the pillow case further comprises a top flap that extends along the one or more top edges and a bottom flap that extends along the one or more bottom edges (see flaps in Schecter Fig. 1, and in detail drawings Figs. 1A and 1B).
Claim 34. The pillow of claim 33, wherein the top and bottom fastener sections diverge to extend along the top and bottom flaps respectively (in the proposed combination of the apparatus of Schecter with the perimeter zipper of Pratt, the zippers would be located on the upper and lower edges of the pillow, above and below the gusset as seen in Pratt Fig. 1).
Claim 35. The pillow of claim 28, wherein the second ends of the fastener encloses the first end of the fastener when the fastener is fully closed (see Pratt Figs. 1-2, end of zipper at #54 in Fig. 1 is located within closed zipper in Fig. 2).
Claim 37. The pillow of claim 28, wherein the first ends of the top and bottom fastener sections are positioned in a central region of the first gusset (see Pratt Fig. 1, end of zipper at #54 in Fig. 1 is “positioned in a central region of the first gusset”).
Claim 38. A pillow (Schecter, Fig. 1, #20) comprising: one or more inserts (Schecter, Fig. 5, #76); and a pillow cover (Schecter, Fig. 1, #22) comprising a top layer having one or more top edges that define a perimeter of the top layer (Schecter, Fig. 1), a bottom layer having one or more bottom edges that define a perimeter of the bottom layer (Schecter, Fig. 1, #20) and one or more gussets (Schecter, Fig. 1, #34, 44, 48) that are connected between the one or more top edges and the one or more bottom edges such that the top layer, the bottom layer and the one or more gussets define an interior space of the pillow cover (Schecter, Fig. 5); wherein the pillow cover further comprises an opening (Schecter, Fig. 1, #40) formed through a first gusset of the one or more gussets, the opening being configured to enable the one or more inserts to be selectively inserted into and removed from the interior space (Schecter, paragraph [0011]); wherein the pillow cover further comprises a fastener assembly having a top fastener section and a bottom fastener section, wherein first ends of the top and bottom fastener sections are positioned at a first end of the opening in the first gusset and the top and bottom fastener sections extend fully around a perimeter of the pillow cover and then beyond the first ends of the top and bottom fastener sections such that a second ends of the top and bottom fastener sections are positioned towards the second ends of the opening relative to the first ends of the top and bottom fastener sections, wherein the top and bottom fastener sections extend along top and bottom edges respectively of the opening in the first gusset such that the fastener is configured to open and close the opening, wherein the top and bottom fastener sections then diverge to extend along the one or more top edges and the one or more bottom edges respectively such that the fastener when closed pulls the one or more top edges and the one or more bottom edges together to collapse the one or more gussets and such that the fastener when opened separates the one or more top edges from the one or more bottom edges to allow the one or more gussets to expand to thereby allow a loft of the pillow to be selectively adjusted using the fastener (Schecter does not disclose a fastener that is configured in the claimed manner; however Pratt teaches an expandible pillow with a zipper that is configured as claimed, as seen in Fig. 1; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the pillow of Schecter with the zipper of Pratt in order to have a means to expand or contract the pillow and thereby change its size and its amount of firmness).
Claim 39. The pillow of claim 38, wherein the fastener assembly comprises one or more zippers extending continuously around the perimeter of the pillow cover (Pratt Fig. 1, zippers #50 and 52 extend around the perimeter of the pillow cover; also see Abstract).
Claim 40. The pillow of claim 38, wherein the gusset panels are flexible fabric members configured to expand or collapse in response to operation of the fastener assembly (Schecter paragraph [0027] discusses material choices, including the use of fabric).
Claim 41. The pillow of claim 38, wherein the fastener assembly is configured such that adjustment of the fastener between intermediate open and closed positions corresponds to intermediate loft levels of the pillow (see Pratt paragraph [0012] teaches zipping a wedge shaped configuration in which the zipper is closed around only half of the pillow; it is inherent that in this configuration the amount of loft is intermediate between the two states shown in Pratt Fig. 1 and Fig. 2).
Claim 42. The pillow of claim 38, wherein the top and bottom fastener sections diverge adjacent to the opening in the first gusset panel to form respective closure edges for the opening (see diverging zippers in Pratt Fig. 1, at #50 and #52).
Claim 43. A pillow comprising: one or more pillow inserts (Schecter, Fig. 5, #76); and a pillow cover (Schecter, Fig. 1, #22) comprising a first layer and a second layer (Schecter, Fig. 1) positioned opposite one another to define an interior space (Schecter, paragraph [0011]) therebetween, the first and second layers each having a perimeter; one or more gusset panels extending between the perimeters (Schecter, Fig. 1, #34, 44, 48) of the first and second layers such that the first layer, the second layer, and the one or more gusset panels together define the interior space ; wherein the pillow cover includes an opening (Schecter, Fig. 1, #40) formed through at least one of the gusset panels, the opening configured to permit the one or more pillow inserts to be selectively inserted into and removed from the interior space; wherein the pillow cover further includes a fastener assembly having a first fastener section and a second fastener section, the first and second fastener sections being configured to engage and disengage one another, and extending at least partially about a periphery of the pillow cover (Schecter does not disclose a fastener that is configured in the claimed manner; however Pratt teaches an expandible pillow with a zipper that is configured as claimed, as seen in Fig. 1; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the pillow of Schecter with the zipper of Pratt in order to have a means to expand or contract the pillow and thereby change its size and its amount of firmness); wherein the fastener assembly is operable between: a first condition (Pratt Fig. 2), in which the first and second fastener sections are engaged to contract the one or more gusset panels and reduce a volume of the interior space to a first volume; and a second condition (Pratt Fig. 1), in which the first and second fastener sections are disengaged to allow the one or more gusset panels to expand and increase the volume of the interior space to a second volume greater than the first volume; and wherein adjustment between the first and second conditions selectively varies a loft of the pillow (it is inherent that compressing the pillow of Pratt, or of Schecter, would change the loft, or firmness, of the pillow).
Claim 44. The pillow of claim 1, wherein the fastener assembly comprises a zipper including opposed rows of interlocking teeth forming the first and second fastener sections, the zipper extending about substantially the entire periphery of the pillow cover and terminating proximate to the opening in the gusset panel (Pratt Fig. 1, zippers #50 and 52 extend around the perimeter of the pillow cover; also see Abstract; regarding “terminating proximate to the opening in the gusset panel,” it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to place the opening proximate to the end of zipper assembly of Pratt as an obvious matter of design choice at least because there does not appear to be any criticality to the relative location of the opening for fill, and the zippers for expanding the pillow).
Claim 45. The pillow of claim 1, wherein the one or more gusset panels are flexible fabric members configured to fold into the interior space when the fastener assembly is in the first condition and to extend outwardly from the interior space when the fastener assembly is in the second condition (Schecter paragraph [0027] discusses material choices, including the use of fabric).
Claims 31-32 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application 2004/0019972 to Schecter et al. (“Schecter”) and US Patent Application Publication 2012/0284924 to Pratt et al. (“Pratt”), in view of US Patent 6,918,146 to England.
Claim 31. The pillow of claim 28, wherein the second ends of the opening is positioned within a central region of the first gusset. (Schecter discloses a zipper opening that is located approximately at the upper edge of the gusset; Schecter does not disclose the opening being “positioned within a central region of the first gusset”; however, England teaches a cushion with a gusset, and teaches a zippered opening located at a central region, as seen in Fig. 3A at #64, where the zipper is seen to be at the middle of the gusset; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to place the opening of Schecter in a “central region of the first gusset” for aesthetic reasons as a matter of design choice, and also because it has been held that rearranging parts of an invention involves only routine skill in the art; In re Japikse, 86 USPQ 70).
Claim 32. The pillow of claim 28, wherein the opening extends to a second gusset of the one or more gussets, the second gusset being adjacent to the first gusset (Schecter does not teach an opening that extends to multiple sides of the pillow cover; however England teaches a cushion with a zippered opening on multiple sides, or gussets, as seen in Fig. 3A at #64, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide a zipper that extends to multiple sides of the pillow cover of Schecter in order to facilitate the placement of inserts within the pillow cover).
Claim 36. The pillow of claim 28, wherein the opening is formed in a central region of the first gusset (Schecter discloses a zipper opening that is located approximately at the upper edge of the gusset; Schecter does not disclose the opening being “formed in a central region of the first gusset”; however, England teaches a cushion with a gusset, and teaches a zippered opening located at a central region, as seen in Fig. 3A at #64, where the zipper is seen to be at the middle of the gusset; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to place the opening of Schecter in a “central region of the first gusset” for aesthetic reasons as a matter of design choice, and also because it has been held that rearranging parts of an invention involves only routine skill in the art; In re Japikse, 86 USPQ 70).
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application 2004/0019972 to Schecter et al. (“Schecter”) and US Patent Application Publication 2012/0284924 to Pratt et al. (“Pratt”), in view of US Patent Application Publication 2014/0373276 to Fan.
Claim 46. The pillow of claim 1, wherein the pillow cover further comprises at least two fastener assemblies disposed on opposing sides of the pillow cover, each of the fastener assemblies being independently operable to expand or contract a respective gusset panel to adjust the pillow's loft along different sides (Schecter and Pratt teach only a single fastener assembly, comprising two sets of zipper teeth; Fan teaches a similar height adjustable encasement, but teaches multiple zippers which provide multiple variations of height; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide additional zipper assemblies as taught by Fan in order to provide further customization of firmness and loft of the pillow of Schecter as modified by Pratt).
Conclusion
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/MYLES A THROOP/Primary Examiner, Art Unit 3673
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