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 .
In view of the Appeal Brief filed on 12/08/2025, PROSECUTION IS HEREBY REOPENED. A new grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/Matthew Troutman/ Supervisory Patent Examiner, Art Unit 3679
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) 1-6, 11, 19, 24-25, 27-29, and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2017/0055737 to Rochlin et al. in view of in view of U.S. Pub. No. 2019/0298076 to Lim et al.
Claims 1, 24-25, and 29, Rochlin discloses a pillow, comprising a pillow case 202 having an interior; and a plurality of cut foam pieces 210 which at least partially fill said interior of said pillow case wherein the plurality of cut pieces have a non-thickness dimension ranging between 0.5 cm to 5 cm and a thickness dimension ranging between 0.5 cm to 5 cm [0070]. Rochlin is silent to the foam pieces comprising vertically lapped nonwoven material. Lim discloses substituting vertically lapped nonwoven material for foam in a cushion [0009]. Selecting from a plethora of known filler materials is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the vertically lapped nonwoven material in Lim with the pillow of Rochlin with a reasonable expectation of success because it would have provided an equivalent and alternative filling material with better resilience, shape recovery, and breathability for the pillow of Rochlin [0022];[0032].
Claims 2 and 27, Rochlin, as modified, discloses the pillow wherein the vertically lapped nonwoven material of Lim is not treated with chemicals [0021]-[0031].
Claims 3 and 28, Rochlin discloses the pillow, wherein cut foam pieces are chemically treated with hypoallergenic materials, antibacterial, anti-mold, anti-allergen, or coating with a chemical, pesticide, or other compounds [0064]-[0066].
Claims 4, 11 and 31, Rochlin discloses the pillow, further comprising an inner lining 208 positioned in the interior volume of the outer casing (fig. 2).
Claims 5, Rochlin, as modified, discloses the pillow wherein a cushion layer 204 is foam [0058].
Claim 6, Rochlin, as modified, discloses the pillow wherein said cushion layer of Lim is vertically lapped nonwoven material [0009]e.
Claim 12, Rochlin discloses the pillow wherein the inner liner keeps the plurality of pieces of fill material from contacting a surface of said interior of said pillow case (fig. 2)
Claim 19, Rochlin is silent to the plurality of pieces of having a weight ranging from 300 to 700 grams. Selecting from a range of dimensions or weights is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the dimensions and weight as stated above with a reasonable expectation of success because it would have provided an equivalent and alternative filling weight for the material of Rochlin.
Claims 7-10, 16-17, 20, 22-23, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over
U.S. Pub. No. 2017/0055737 to Rochlin et al. in view of in view of U.S. Pub. No. 2019/0298076 to Lim et al., and further in view of U.S. Pub. No. 2016/0135624 to Heidtmann et al.
Claim 7, Rochlin, as modified, discloses the pillow, but is silent to the cushion layer being sewn on all sides. Heidtmann discloses an inner lining (26a,26b) with a cushion layer being sewn closed on all sides maintaining a plurality of pieces of filler material within an interior volume [0018][0022]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the inner lining disclosed in Heidtmann with the pillow of Rochlin with a reasonable expectation of success because it would have provided a measure of durability to the pillow of Rochlin.
Claim 8, Rochlin discloses the pillow, wherein the cut foam pieces are chemically treated with hypoallergenic materials, antibacterial, anti-mold, anti-allergen, or coating with a chemical, pesticide, or other compounds [0064]-[0066].
Claim 9, Rochlin, as modified, discloses the pillow, wherein the cushion layer holds the plurality of cut pieces of material within an interior volume defined by the cushion layer, and wherein the cushion layer of Heidtmann includes an opening 40 which can be selectively opened and closed [0021].
Claims 10, 22-23, and 30, Rochlin, as modified, discloses the pillow wherein the opening of Heidtmann is a selectively open and closeable fastener defined by a zipper 44.
Claim 16, Rochlin discloses the pillow wherein the pillow case of Heidtmann is constructed of quilted material which includes a top layer, a middle layer made of a cushioning material, and a bottom layer, wherein the bottom layer forms an inside of the pillow and the top layer forms an external surface of the pillow [Abstract][0006][0015]0018]-[0019](fig. 3-4).
Claim 17, Rochlin discloses the pillow, further comprising an inner lining 208 positioned in the interior.
Claim 20, Rochlin, as modified, discloses the pillow wherein Heidtmann further comprising one or more of foam pieces, and fiberfills [0051][0052].
Claim(s) 13-15 and 32-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2017/0055737 to Rochlin et al. in view of in view of U.S. Pub. No. 2019/0298076 to Lim et al., and further in view of U.S. Pat. No. 2017/0231410 to Chon et al.
Claims 13-15 and 32-35, Rochlin as modified, discloses the pillow, but is silent to the inner liner a selectively openable and closeable opening. Chon discloses an inner liner 120 having an opening 129 with a selectively openable and closeable fastener such as a zipper or hook and loop material [0041]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the inner liner and fastener in Chon with the pillow of Rochlin with a reasonable expectation of success because it would have allowed filler material to be inserted and closed in order to maintain the filler material [0041].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17, 19-20, 22-25, and 27-35 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2011/0311758 to Burns et al. discloses vertically lapped nonwoven material
U.S. Pat. No. 3,607,500 to Field disclose a process of molding and cutting fiber webs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/ Primary Examiner, Art Unit 3679
Prosecution Insights