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 .
Election/Restrictions
Applicant’s election without traverse of Claims 1-4 in the reply filed on 04/20/2026 is acknowledged.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4 is/are rejected under 35 U.S.C. 103 as unpatentable over Greenawalt (20050150051 ) in view of Samrek (US 5926880).
Regarding Claim 1 Greenwalt discloses ….mold-pressing pillowcase (Figure 5, pillow-500), comprising a pillowcase top layer ( Figure 5, 510) a pillowcase bottom layer and a pillowcase peripheral wall (Figure 5, 520, 530), wherein the pillowcase peripheral wall is arranged between the pillowcase top layer and the pillowcase bottom layer (Figure 5, [0031]), and the pillowcase bottom layer is provided with a window position for carrying a pillow inner (Figure 5, [0031], 540). Greenawalt didn’t disclose the pillowcase top layer, the pillowcase bottom layer and the pillowcase peripheral wall are integrally mold-formed by polyester fabric. In the related field of endeavor pertaining to the art, Samrek discloses the pillowcase top layer, the pillowcase bottom layer and the pillowcase peripheral wall are integrally mold-formed by polyester fabric ( Col 7 line 39-42).
It would have been obvious for one ordinary skilled in the art to combine Greenwalt’s teaching with that of Samrek’s teaching of integrally molding of the pillow case for the purpose of better shape retention of the pillow.
Regarding Claim 2 Greenawalt discloses, wherein: the window position is a linear slotting arranged on the pillowcase bottom layer (Figure 5, opening-540, [0033]).
Regarding Claim 4 Greenwalt discloses, wherein: the pillowcase top layer is provided with a …concave-convex coordination structure which is coordinated with the pillow inner (Figure 5-6, inner i.e. the center section -540 with a concave-convex structure) . Further, "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). The claim was rejected over a reference which taught all the structural limitations of the claim as physiological profiling is deemed to be the intended use of the pillow case.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 (3) as unpatentable over Greenawalt (20050150051 ) in view of Samrek (US 5926880) as applied in Claim 3 further in view of CHEN (US 20130232697).
Regarding Claim 3 Greenawalt/Samrek disclose integrated mold-pressing pillowcase as discussed in Claim 1 but did not disclose that, the pillowcase top layer and the pillowcase bottom layer have heat-curing positioning corner ends. In the related filed of endeavor pertaining to the art, CHEN discloses pillowcase bottom layer have heat-curing/thermal pressing positioning corner ends (Figure -12, [0008], [0055]).
It would have been obvious for one ordinary skilled in the art to combine Greenwalt’s teaching with that of CHEN’s for the purpose of creating sharp ends that holds its form and do not sag over time.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBJANI ROY whose telephone number is (571)272-8019. The examiner can normally be reached 9:30-5:30 pm.
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/DEBJANI ROY/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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