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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations “a snap connector disposed between the at least one module and the at least one compartment” (claim 3, lines 1-3), “the snap connector comprises a snap disposed on the at least one module, and a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot” (claim 4, lines 1-4), and “a slide rail is disposed on the at least one compartment; the at least one module comprises a slider movable along the slide rail; so that the at least one module is slidably connected to the at least one compartment through cooperation of the slide rail and the slider” (claim 6, lines 1-4) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Furthermore, the drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: the reference “54” in fig. 6 is missing from the specification.
Furthermore, the drawings are objected to because all of the structural outlines in figs. 1-2, 4-6 and 8-9 are faded/dotted. Every line must be durable, clean, black, sufficiently dense and dark, and uniformly thick and well-defined. Additionally, the weight of all lines must be heavy enough to permit adequate reproduction. See 37 C.F.R. 1.84(l).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 4 and 6 are objected to because of the following informalities:
In claim 4, line 4, the term “the cooperation” is suggested to be changed to --a cooperation-- in order to clarify the claim.
In claim 6, line 4, the term “the cooperation” is suggested to be changed to --a cooperation-- in order to clarify the claim.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the limitation “a massage module” (claim 2, line 1, the term “module” is a generic placeholder and the function in the current context is “massage”), “a heating module” (claim 2, lines 1-2, the term “module” is a generic placeholder and the function is “heating”), and “a blowing module” (claim 2, line 2, the term “module” is a generic placeholder and the function is “blowing”).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
A review of the specification shows that corresponding structure(s) for the terms “a massage module” (claim 2, line 1), “a heating module” (claim 2, lines 1-2), and “a blowing module” (claim 2, line 2) are missing from the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(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 or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The limitation “a massage module, a heating module, a blowing module” (claim 2, lines 1-2) invokes 112(f), however, the specification filed on 5/16/2023 fails to disclose the corresponding structure for each of the massage module, heating module and blowing module. The specification filed on 5/16/2023 discloses in paragraphs 0006, 0007 and 0039, the terms “massage module”, “heating module” and “blowing module”, but none of the paragraphs disclose the corresponding structures for each of the massage module, heating module and blowing module. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. See MPEP 2181(IV).
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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 limitation “a massage module, a heating module, a blowing module” (claim 2, lines 1-2) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification filed on 5/16/2023 fails to disclose the corresponding structure for each of the massage module, heating module and blowing module. The specification filed on 5/16/2023 discloses in paragraphs 0006, 0007 and 0039, the terms “massage module”, “heating module” and “blowing module”, but none of the paragraphs disclose the corresponding structures for each of the massage module, heating module and blowing module. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 3-4 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 3, the limitation “the travel pillow” (line 1) lacks proper antecedent basis. Furthermore, it is unclear if the travel pillow is referring to the device, or if the travel pillow is part of the device or if the travel pillow is separate from the device.
Regarding claim 8, the limitation “the travel pillow” (line 4) lacks proper antecedent basis. Furthermore, it is unclear if the travel pillow is referring to the device, or if the travel pillow is part of the device or if the travel pillow is separate from the device.
Any remaining claims are rejected for their dependency on a rejected base claim.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mu (CN 110711107).
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Regarding claim 1, Mu discloses a device (entire device shown in fig. 1), comprising; a main body (see the annotated-Mu fig. 1 above, 3 and 4 form the main body, relative to the handle formed by 3 and 4 and 9 on the respective hinge (see figs. 2-3 for reference), 3 and 4 is a main body), the main body comprising at least one compartment (see the annotated-Mu fig. 1 above, the main body is formed by first sub-body 3 and sleeve 4 which forms a compartment that accommodates the mounting strips (9, 12 and 13) that is positioned adjacent to 3, see paragraphs 0025 and 0030); at least one module (mounting strips 12 and 13 and 9 positioned at hinge between 1 and 3, see figs. 1-3 and paragraphs 0015, 0022 and 0025), the at least one module being detachably disposed in the at least one compartment (see paragraph 0015, the mounting strips is detachable, part of the module is disposed in the compartment, see figs. 2-3 for reference); and a rotary frame (1, 2, 7, 14, 15, 11, 10, figs. 1-2, paragraphs 0022-0030) disposed on an outer side of the main body (see the annotated-Mu fig. 1 above); wherein: the rotary frame comprises a support arm (7, figs. 1-2), a rear support part (1 and 2, figs. 1-2, paragraphs 0022 and 0025), and an angle adjustment assembly (14, 15, 11, 10, fig. 2, paragraphs 0025 and 0030); the support arm is rotatably connected to the rear support part, and the angle adjustment assembly is disposed between the support arm and the rear support part to adjust an angle between the support arm and the rear support part (see fig. 2 and paragraph 0025-0030); and the angle adjustment assembly comprises a rotating shaft (10, fig. 2, paragraphs 0025 and 0030) and a damper (15, fig. 2, paragraphs 0025 and 0030, Mu discloses a nut 15 for restraining the bolt 10 to be between 11 and 14, therefore is acting as a damper) rotatably sleeving the rotating shaft (paragraphs 0025 and 0030); the support arm comprises a first socket ring (11, fig. 2); the rear support part comprises a second socket ring (14, fig. 2); the first socket ring is connected to the support arm and sleeves the rotating shaft; the second socket ring is connected to the rear support part and sleeves the rotating shaft (fig. 2 and paragraphs 0025 and 0030).
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, 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 1-2, 6 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Marcinuk (2016/0004027) and Ross (2015/0257554).
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Regarding claim 1, Guan discloses a device (entire device/pillow in figs. 1-2, paragraphs 0006-0024 of the English translation), comprising; a main body (1 or 1 and pillowcase, figs. 1-2, see paragraphs 0008 and 0019-0020), the main body comprising at least one compartment (see the annotated-Guan fig. 1 above), a rotary frame (entire assembly shown in fig. 3) disposed on an outer side of the main body (see the annotated-Guan figs. 1-2 above); the rotary frame comprises a support arm (3-1 or 3-3, see the annotated-Guan figs. 1-2 above), a rear support part (3-2, see the annotated-Guan figs. 1-2 above and paragraph 0019), and an angle adjustment rotating shaft of a pair of rotating shafts (3-9, paragraph 0021), the support arm is rotatably connected to the rear support part, and the rotating shaft is disposed between the support arm and the rear support part to adjust an angle between the support arm and the rear support part (see the annotated-Guan figs. 1-2 above and paragraphs 0019-0022), the support arm comprises a first socket ring (3-7 comprising shaft hole 3-8, fig. 3, paragraph 0021), the rear support part comprises a second socket ring (3-5 comprising shaft hole 3-6, fig. 3, paragraph 0021), the first socket ring (3-8, fig. 3) is connected to the support arm and sleeves the rotating shaft (3-9), the second socket ring is connected to the rear support part and sleeves the rotating shaft (see the annotated-Guan figs. 1-2 above and fig. 3 and paragraphs 0021-0022), but fails to disclose an angle adjustment assembly comprises the rotating shaft and a damper rotatably sleeving the rotating shaft.
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However, Marcinuk teaches an angle adjustment assembly (102, 104, 106, fig. 3) comprises a rotating shaft (106, fig. 3, paragraphs 0040-0047) and a damper (104, figs. 2-3, paragraphs 0040-0043) rotatably sleeving the rotating shaft (fig. 3), a support arm (108, figs. 1 and 4) comprises a first socket ring; a support part (108, see the annotated-Marcinuk fig. 3 above) comprises a second socket ring; the first socket ring is connected to the support arm and sleeves the rotating shaft, the second socket ring is connected to the support part and sleeves the rotating shaft (see the annotated-Marcinuk fig. 3 above, paragraphs 0039-0047 and 0049, Marcinuk discloses that the hinge locking mechanism would prevent unwanted movement and further discloses that the locking mechanism can be combined with other different systems and applications).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support up, the rear support part by modifying each of the rotating shaft of Gaun to have the angle adjustment assembly as taught by Marcinuk for the purpose of providing an alternative hinge that would be able to adjust the angle between the support arm and the rear support part and for the purpose of providing a hinge locking mechanism that would prevent unwanted movement after being adjusted (see paragraphs 0039 0049 of Marcinuk).
The modified Gaun fails to disclose at least one module, the at least one module being detachably disposed in the at least one compartment.
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However, Ross teaches a pillow (100, figs. 1A-1E, paragraphs 0030-0034) comprising a compartment, and at least one module (130, fig, 1E, paragraph 0031) being detachably disposed in the at least one compartment (see paragraphs 0031 and 0042-0047, Ross discloses that exhaust heat pack are removed and a new heat pack is inserted).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the compartment of the modified Guan to have the module as taught by Ross for the purpose of providing relaxation and warmth to the user (see paragraphs 0042-0047 of Ross).
Regarding claim 2, the modified Guan discloses that the at least one module is a heating module (see 130 and paragraphs 0031 and 0042-0047 of Ross).
Regarding claim 5, the modified Guan discloses that the at least one module (130 of Ross) is connected to the at least one compartment in a sliding way (see paragraphs 0042-0047 of Ross, the module 130 is being inserted into the pocket of the compartment, therefore, is connected to the at least one compartment in a sliding way).
Regarding claim 7, the modified Guan discloses that the main body is bent to form a notch; the device further comprises a pressure part (5, fig. 2 and paragraph 0020 of Guan) comprising a pressure surface (see the annotated-Guan fig. 2 above); the main body comprises an external surface back against the notch; the pressure part is disposed on the external surface; and the pressure surface is a flat surface (see the annotated-Guan fig. 2 above, relatively, the pressure part 5 is disposed on the external surface of the main body).
Regarding claim 8, the modified Guan discloses a casing (pillow case, see paragraphs 0008 and 0019-0020 of Guan), a filler (if support arm is 3-1 of Guan, then the filler is 3-3 of Guan or vice versa) and a tab (portion of the buckle 5 is the tab or portion of strap 4 comprising a respective portion of buckle 5 is the tab, see paragraph 0020 of Guan and the annotated-Guan fig. 2 above), wherein the casing is disposed on an exterior surface of the main body (see pillow case covering an exterior surface of 1, paragraphs 0008 and 0019-0020 of Guan); the filler is disposed between the casing and the main body (relatively 3-1 or 3-3 of Guan is between the main body and the pillow case, it is noted that the claim does not claim that the entire filler is between the entire main body and the entire casing); the tab is connected to the filler and allows the travel pillow (interpreted as the device) to be placed on a hook (the tab is connected to the filler because the tab and the filler is part of the same connected unit, see the annotated-Guan fig. 2 above, furthermore, see paragraph 0020 of Guan, the tab is part of the buckle or strap plus buckle, therefore, can be used to place the pillow on a hook).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Marcinuk (2016/0004027) and Ross (2015/0257554) as applied to claim 1 above, and further in view of Toya (2008/0053979) and Ki Bong (KR 101322182).
Regarding claims 3-4, the modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Toya teaches a module that comprises a vibrator that vibrates and a heater that provides heat, the module having a housing (see entire device in fig. 2 comprising housing 2A and 2B, see fig. 4 for heat heater 3 and vibration motor in fig. 16, paragraphs 0054-0055, 0108 and 0114), wherein the module is battery powered and can be reused (see paragraphs 0085-0089 and 0104-0105).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the module of the modified Guan to be the module as taught by Toya for the purpose of providing both vibration and heat to the user, thereby providing, relaxation through the vibration from the vibrator and the thermal energy from the heater, and for the purpose of providing a module that can be reused (see paragraphs 0054-0055, 0085-0089, 0104-0105, 0108 and 0114 of Toya).
The modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Ki Bong teaches a snap connector (231 and 261, figs. 9-10) disposed between at least one module (230, 220, 222, 221, fig. 9) and a compartment (compartment formed by recess having slots 261, fig. 9), the snap connector comprises a snap (231, fig. 9) disposed on the at least one module, and a slot (slot 261) disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot (slot 261, fig. 9, paragraphs 0011 and 0012 (pages 5-10), 231 is a click connector which is a snap connector).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snap connector, module and the pillow of the modified Guan such that the module is provided with the snap and the pillow of the modified Guan is provided with the slot as taught by Ki Bong for the purpose of providing an alternative snap construction that would allow the module to be detachable from the pillow (see paragraphs 0011 and 0012 of Ki Bong).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Marcinuk (2016/0004027) and Ross (2015/0257554) as applied to claim 1 above, and further in view of Toya (2008/0053979) and Sham (2014/0046232).
Regarding claims 3-4, the modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Toya teaches a module that comprises a vibrator that vibrates and a heater that provides heat, the module having a housing (see entire device in fig. 2 comprising housing 2A and 2B, see fig. 4 for heat heater 3 and vibration motor in fig. 16, paragraphs 0054-0055, 0108 and 0114), wherein the module is battery powered and can be reused (see paragraphs 0085-0089 and 0104-0105).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the module of the modified Guan to be the module as taught by Toya for the purpose of providing both vibration and heat to the user, thereby providing, relaxation through the vibration from the vibrator and the thermal energy from the heater, and for the purpose of providing a module that can be reused (see paragraphs 0054-0055, 0085-0089, 0104-0105, 0108 and 0114 of Toya).
The modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Sham teaches a snap connector (125A, 135A, 134A and 133A, fig. 6) disposed between at least one module (119A, fig. 6, paragraph 0096) and base (125A, fig. 6) comprising a compartment (compartment formed by recess of the holder 125A), the snap connector comprises a snap (133A, fig. 6) disposed on the at least one module, and a slot (134A or 135A, see fig. 6, paragraph 0107) disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot (see paragraph 0107).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snap connector, module and the pillow of the modified Guan such that the module is provided with the snap and the pillow of the modified Guan is provided with the base and slot as taught by Sham for the purpose of providing an alternative means of connecting the pillow and the module that would provide the predictable result of allowing the module to be detachable from the pillow (see paragraph 0107 of Sham).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Marcinuk (2016/0004027) and Ross (2015/0257554) as applied to claim 1 above and alternatively in view of Toya (2008/0053979) and Sham (2014/0046232).
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Regarding claim 6, the modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) in a detachable manner, and further discloses a slide rail is disposed on the at least one compartment, the at least one module comprises a slider movable along the slide rail; so that the at least one module is slidably connected to the at least one compartment through the cooperation of the slide rail and the slider (the outer edge of the heat pack 130 of Ross would form the slider and the bottom portion of pocket 120 would form the slide rail, see the annotated-Ross fig. 1E above, see paragraphs 0042-0047 of Ross). However, if there is any doubt that the modified Guan discloses a slide rail is disposed on the at least one compartment, the at least one module comprises a slider movable along the slide rail; so that the at least one module is slidably connected to the at least one compartment through the cooperation of the slide rail and the slider.
Toya teaches a module that comprises a vibrator that vibrates and a heater that provides heat, the module having a housing (see entire device in fig. 2 comprising housing 2A and 2B, see fig. 4 for heat heater 3 and vibration motor in fig. 16, paragraphs 0054-0055, 0108 and 0114), wherein the module is battery powered and can be reused (see paragraphs 0085-0089 and 0104-0105).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the module of the modified Guan to be the module as taught by Toya for the purpose of providing both vibration and heat to the user, thereby providing, relaxation through the vibration from the vibrator and the thermal energy of the heater, and for the purpose of providing a module that can be reused (see paragraphs 0054-0055, 0085-0089, 0104-0105, 0108 and 0114 of Toya).
Sham teaches at least one module (119A, fig. 6, paragraph 0096) is connected to a base (125A, fig. 6) comprising at least one compartment in a sliding way (compartment formed by recess of the holder 125A), a slide rail (portion forming groove 134A, see fig. 6, paragraph 0107) is disposed on the at least one compartment, the at least one module comprises a slide (the portion of 119A that slides relative to groove 134A), the at least one module is slidably connected to the at least one compartment through the cooperation of the slide rail and the slider (see paragraph 0107).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snap connector, module and the pillow of the modified Guan such that the module is provided with the slider and the pillow of the modified Guan is provided with the base and slide rail as taught by Sham for the purpose of providing an alternative means of connecting the pillow and the module that would provide the predictable result of allowing the module to be detachable from the pillow (see paragraph 0107 of Sham).
Claims 1-2, 6 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Conradt (2,464,435) and Ross (2015/0257554).
Regarding claim 1, Guan discloses a device (entire device/pillow in figs. 1-2, paragraphs 0006-0024 of the English translation), comprising; a main body (1 or 1 and pillowcase, figs. 1-2, see paragraphs 0008 and 0019-0020), the main body comprising at least one compartment (see the annotated-Guan fig. 1 above), a rotary frame (entire assembly shown in fig. 3) disposed on an outer side of the main body (see the annotated-Guan figs. 1-2 above); the rotary frame comprises a support arm (3-1 or 3-3, see the annotated-Guan figs. 1-2 above), a rear support part (3-2, see the annotated-Guan figs. 1-2 above and paragraph 0019), and an angle adjustment rotating shaft of a pair of rotating shafts (3-9, paragraph 0021), the support arm is rotatably connected to the rear support part, and the rotating shaft is disposed between the support arm and the rear support part to adjust an angle between the support arm and the rear support part (see the annotated-Guan figs. 1-2 above and paragraphs 0019-0022), the support arm comprises a first socket ring (3-7 comprising shaft hole 3-8, fig. 3, paragraph 0021), the rear support part comprises a second socket ring (3-5 comprising shaft hole 3-6, fig. 3, paragraph 0021), the first socket ring (3-8, fig. 3) is connected to the support arm and sleeves the rotating shaft (3-9), the second socket ring is connected to the rear support part and sleeves the rotating shaft (see the annotated-Guan figs. 1-2 above and fig. 3 and paragraphs 0021-0022), but fails to disclose an angle adjustment assembly comprises the rotating shaft and a damper rotatably sleeving the rotating shaft.
However, Conradt teaches an angle adjustment assembly (14, 18 and 16, figs. 1-7) comprises a rotating shaft (14, fig. 1, 4 and 6) and a damper (16 and 18 forms a damper because it allows movement to be restrained, see figs. 1, 5 and 6) rotatably sleeving the rotating shaft (see figs. 1-6), a support arm (portion 40/55 and 20 comprising 22, figs. 1-7) comprises a first socket ring (a socket ring formed by 22, see figs. 1-6); a support part (10 comprising 6 and 8, figs. 1-8) comprises a second socket ring (socket ring formed by 6, fig. 8); the first socket ring is connected to the support arm and sleeves the rotating shaft, the second socket ring is connected to the support part and sleeves the rotating shaft (see figs. 1-8 and col 1, line 29 to col 2, line 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support up, the rear support part by modifying each of the rotating shaft of Gaun to have the angle adjustment assembly as taught by Conradt for the purpose of providing an alternative hinge that would be able to adjust the angle between the support arm and the rear support part (see col 1, line 29 to col 2, line 8 of Conradt).
The modified Gaun fails to disclose at least one module, the at least one module being detachably disposed in the at least one compartment.
However, Ross teaches a pillow (100, figs. 1A-1E, paragraphs 0030-0034) comprising a compartment, and at least one module (130, fig, 1E, paragraph 0031) being detachably disposed in the at least one compartment (see paragraphs 0031 and 0042-0047, Ross discloses that exhaust heat pack are removed and a new heat pack is inserted).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the compartment of the modified Guan to have the module as taught by Ross for the purpose of providing relaxation and warmth to the user (see paragraphs 0042-0047 of Ross).
Regarding claim 2, the modified Guan discloses that the at least one module is a heating module (see 130 and paragraphs 0031 and 0042-0047 of Ross).
Regarding claim 5, the modified Guan discloses that the at least one module (130 of Ross) is connected to the at least one compartment in a sliding way (see paragraphs 0042-0047 of Ross, the module 130 is being inserted into the pocket of the compartment, therefore, is connected to the at least one compartment in a sliding way).
Regarding claim 7, the modified Guan discloses that the main body is bent to form a notch; the device further comprises a pressure part (5, fig. 2 and paragraph 0020 of Guan) comprising a pressure surface (see the annotated-Guan fig. 2 above); the main body comprises an external surface back against the notch; the pressure part is disposed on the external surface; and the pressure surface is a flat surface (see the annotated-Guan fig. 2 above, relatively, the pressure part 5 is disposed on the external surface of the main body).
Regarding claim 8, the modified Guan discloses a casing (pillow case, see paragraphs 0008 and 0019-0020 of Guan), a filler (if support arm is 3-1 of Guan, then the filler is 3-3 of Guan or vice versa) and a tab (portion of the buckle 5 is the tab or portion of strap 4 comprising a respective portion of buckle 5 is the tab, see paragraph 0020 of Guan and the annotated-Guan fig. 2 above), wherein the casing is disposed on an exterior surface of the main body (see pillow case covering an exterior surface of 1, paragraphs 0008 and 0019-0020 of Guan); the filler is disposed between the casing and the main body (relatively 3-1 or 3-3 of Guan is between the main body and the pillow case, it is noted that the claim does not claim that the entire filler is between the entire main body and the entire casing); the tab is connected to the filler and allows the travel pillow (interpreted as the device) to be placed on a hook (the tab is connected to the filler because the tab and the filler is part of the same connected unit, see the annotated-Guan fig. 2 above, furthermore, see paragraph 0020 of Guan, the tab is part of the buckle or strap plus buckle, therefore, can be used to place the pillow on a hook).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Conradt (2,464,435) and Ross (2015/0257554) as applied to claim 1 above, and further in view of Toya (2008/0053979) and Ki Bong (KR 101322182).
Regarding claims 3-4, the modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Toya teaches a module that comprises a vibrator that vibrates and a heater that provides heat, the module having a housing (see entire device in fig. 2 comprising housing 2A and 2B, see fig. 4 for heat heater 3 and vibration motor in fig. 16, paragraphs 0054-0055, 0108 and 0114), wherein the module is battery powered and can be reused (see paragraphs 0085-0089 and 0104-0105).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the module of the modified Guan to be the module as taught by Toya for the purpose of providing both vibration and heat to the user, thereby providing, relaxation through the vibration from the vibrator and the thermal energy from the heater, and for the purpose of providing a module that can be reused (see paragraphs 0054-0055, 0085-0089, 0104-0105, 0108 and 0114 of Toya).
The modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Ki Bong teaches a snap connector (231 and 261, figs. 9-10) disposed between at least one module (230, 220, 222, 221, fig. 9) and a compartment (compartment formed by recess having slots 261, fig. 9), the snap connector comprises a snap (231, fig. 9) disposed on the at least one module, and a slot (slot 261) disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot (slot 261, fig. 9, paragraphs 0011 and 0012 (pages 5-10), 231 is a click connector which is a snap connector).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snap connector, module and the pillow of the modified Guan such that the module is provided with the snap and the pillow of the modified Guan is provided with the slot as taught by Ki Bong for the purpose of providing an alternative snap construction that would allow the module to be detachable from the pillow (see paragraphs 0011 and 0012 of Ki Bong).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Conradt (2,464,435) and Ross (2015/0257554) as applied to claim 1 above, and further in view of Toya (2008/0053979) and Sham (2014/0046232).
Regarding claims 3-4, the modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Toya teaches a module that comprises a vibrator that vibrates and a heater that provides heat, the module having a housing (see entire device in fig. 2 comprising housing 2A and 2B, see fig. 4 for heat heater 3 and vibration motor in fig. 16, paragraphs 0054-0055, 0108 and 0114), wherein the module is battery powered and can be reused (see paragraphs 0085-0089 and 0104-0105).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the module of the modified Guan to be the module as taught by Toya for the purpose of providing both vibration and heat to the user, thereby providing, relaxation through the vibration from the vibrator and the thermal energy from the heater, and for the purpose of providing a module that can be reused (see paragraphs 0054-0055, 0085-0089, 0104-0105, 0108 and 0114 of Toya).
The modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Sham teaches a snap connector (125A, 135A, 134A and 133A, fig. 6) disposed between at least one module (119A, fig. 6, paragraph 0096) and base (125A, fig. 6) comprising a compartment (compartment formed by recess of the holder 125A), the snap connector comprises a snap (133A, fig. 6) disposed on the at least one module, and a slot (134A or 135A, see fig. 6, paragraph 0107) disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot (see paragraph 0107).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snap connector, module and the pillow of the modified Guan such that the module is provided with the snap and the pillow of the modified Guan is provided with the base and slot as taught by Sham for the purpose of providing an alternative means of connecting the pillow and the module that would provide the predictable result of allowing the module to be detachable from the pillow (see paragraph 0107 of Sham).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Conradt (2,464,435) and Ross (2015/0257554) as applied to claim 1 above and alternatively in view of Toya (2008/0053979) and Sham (2014/0046232).
Regarding claim 6, the modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) in a detachable manner, and further discloses a slide rail is disposed on the at least one compartment, the at least one module comprises a slider movable along the slide rail; so that the at least one module is slidably connected to the at least one compartment through the cooperation of the slide rail and the slider (the outer edge of the heat pack 130 of Ross would form the slider and the bottom portion of pocket 120 would form the slide rail, see the annotated-Ross fig. 1E above, see paragraphs 0042-0047 of Ross). However, if there is any doubt that the modified Guan discloses a slide rail is disposed on the at least one compartment, the at least one module comprises a slider movable along the slide rail; so that the at least one module is slidably connected to the at least one compartment through the cooperation of the slide rail and the slider.
Toya teaches a module that comprises a vibrator that vibrates and a heater that provides heat, the module having a housing (see entire device in fig. 2 comprising housing 2A and 2B, see fig. 4 for heat heater 3 and vibration motor in fig. 16, paragraphs 0054-0055, 0108 and 0114), wherein the module is battery powered and can be reused (see paragraphs 0085-0089 and 0104-0105).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the module of the modified Guan to be the module as taught by Toya for the purpose of providing both vibration and heat to the user, thereby providing, relaxation through the vibration from the vibrator and the thermal energy of the heater, and for the purpose of providing a module that can be reused (see paragraphs 0054-0055, 0085-0089, 0104-0105, 0108 and 0114 of Toya).
Sham teaches at least one module (119A, fig. 6, paragraph 0096) is connected to a base (125A, fig. 6) comprising at least one compartment in a sliding way (compartment formed by recess of the holder 125A), a slide rail (portion forming groove 134A, see fig. 6, paragraph 0107) is disposed on the at least one compartment, the at least one module comprises a slide (the portion of 119A that slides relative to groove 134A), the at least one module is slidably connected to the at least one compartment through the cooperation of the slide rail and the slider (see paragraph 0107).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snap connector, module and the pillow of the modified Guan such that the module is provided with the slider and the pillow of the modified Guan is provided with the base and slide rail as taught by Sham for the purpose of providing an alternative means of connecting the pillow and the module that would provide the predictable result of allowing the module to be detachable from the pillow (see paragraph 0107 of Sham).
Claims 1-2, 6 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Mu (CN 110711107) and Ross (2015/0257554).
Regarding claim 1, Guan discloses a device (entire device/pillow in figs. 1-2, paragraphs 0006-0024 of the English translation), comprising; a main body (1 or 1 and pillowcase, figs. 1-2, see paragraphs 0008 and 0019-0020), the main body comprising at least one compartment (see the annotated-Guan fig. 1 above), a rotary frame (entire assembly shown in fig. 3) disposed on an outer side of the main body (see the annotated-Guan figs. 1-2 above); the rotary frame comprises a support arm (3-1 or 3-3, see the annotated-Guan figs. 1-2 above), a rear support part (3-2, see the annotated-Guan figs. 1-2 above and paragraph 0019), and an angle adjustment rotating shaft of a pair of rotating shafts (3-9, paragraph 0021), the support arm is rotatably connected to the rear support part, and the rotating shaft is disposed between the support arm and the rear support part to adjust an angle between the support arm and the rear support part (see the annotated-Guan figs. 1-2 above and paragraphs 0019-0022), the support arm comprises a first socket ring (3-7 comprising shaft hole 3-8, fig. 3, paragraph 0021), the rear support part comprises a second socket ring (3-5 comprising shaft hole 3-6, fig. 3, paragraph 0021), the first socket ring (3-8, fig. 3) is connected to the support arm and sleeves the rotating shaft (3-9), the second socket ring is connected to the rear support part and sleeves the rotating shaft (see the annotated-Guan figs. 1-2 above and fig. 3 and paragraphs 0021-0022), but fails to disclose an angle adjustment assembly comprises the rotating shaft and a damper rotatably sleeving the rotating shaft.
Mu teaches a device (entire device shown in fig. 1), comprising; a main body (see the annotated-Mu fig. 1 above, 3 and 4 form the main body, relative to the handle formed by 3 and 4 and 9 on the respective hinge (see figs. 2-3 for reference), 3 and 4 is a main body), the main body comprising at least one compartment (see the annotated-Mu fig. 1 above, the main body is formed by first sub-body 3 and sleeve 4 which forms a compartment that accommodates the mounting strips (9, 12 and 13) that is positioned adjacent to 3, see paragraphs 0025 and 0030); at least one module (mounting strips 12 and 13 and 9 positioned at hinge between 1 and 3, see figs. 1-3 and paragraphs 0015, 0022 and 0025), the at least one module being detachably disposed in the at least one compartment (see paragraph 0015, the mounting strips is detachable, part of the module is disposed in the compartment, see figs. 2-3 for reference); and a rotary frame (1, 2, 7, 14, 15, 11, 10, figs. 1-2, paragraphs 0022-0030) disposed on an outer side of the main body (see the annotated-Mu fig. 1 above); wherein: the rotary frame comprises a support arm (7, figs. 1-2), a rear support part (1 and 2, figs. 1-2, paragraphs 0022 and 0025), and an angle adjustment assembly (14, 15, 11, 10, fig. 2, paragraphs 0025 and 0030); the support arm is rotatably connected to the rear support part, and the angle adjustment assembly is disposed between the support arm and the rear support part to adjust an angle between the support arm and the rear support part (see fig. 2 and paragraph 0025-0030); and the angle adjustment assembly comprises a rotating shaft (10, fig. 2, paragraphs 0025 and 0030) and a damper (15, fig. 2, paragraphs 0025 and 0030, Mu discloses a nut 15 for restraining the bolt 10 to be between 11 and 14, therefore is acting as a damper) rotatably sleeving the rotating shaft (paragraphs 0025 and 0030); the support arm comprises a first socket ring (11, fig. 2); the rear support part comprises a second socket ring (14, fig. 2); the first socket ring is connected to the support arm and sleeves the rotating shaft; the second socket ring is connected to the rear support part and sleeves the rotating shaft (fig. 2 and paragraphs 0025 and 0030).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support up, the rear support part by modifying each of the rotating shaft of Gaun to have the angle adjustment assembly as taught by Mu for the purpose of providing an alternative hinge that would be able to adjust the angle between the support arm and the rear support part (see paragraphs 0025 and 0030 of Mu).
The modified Gaun fails to disclose at least one module, the at least one module being detachably disposed in the at least one compartment.
However, Ross teaches a pillow (100, figs. 1A-1E, paragraphs 0030-0034) comprising a compartment, and at least one module (130, fig, 1E, paragraph 0031) being detachably disposed in the at least one compartment (see paragraphs 0031 and 0042-0047, Ross discloses that exhaust heat pack are removed and a new heat pack is inserted).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the compartment of the modified Guan to have the module as taught by Ross for the purpose of providing relaxation and warmth to the user (see paragraphs 0042-0047 of Ross).
Regarding claim 2, the modified Guan discloses that the at least one module is a heating module (see 130 and paragraphs 0031 and 0042-0047 of Ross).
Regarding claim 5, the modified Guan discloses that the at least one module (130 of Ross) is connected to the at least one compartment in a sliding way (see paragraphs 0042-0047 of Ross, the module 130 is being inserted into the pocket of the compartment, therefore, is connected to the at least one compartment in a sliding way).
Regarding claim 7, the modified Guan discloses that the main body is bent to form a notch; the device further comprises a pressure part (5, fig. 2 and paragraph 0020 of Guan) comprising a pressure surface (see the annotated-Guan fig. 2 above); the main body comprises an external surface back against the notch; the pressure part is disposed on the external surface; and the pressure surface is a flat surface (see the annotated-Guan fig. 2 above, relatively, the pressure part 5 is disposed on the external surface of the main body).
Regarding claim 8, the modified Guan discloses a casing (pillow case, see paragraphs 0008 and 0019-0020 of Guan), a filler (if support arm is 3-1 of Guan, then the filler is 3-3 of Guan or vice versa) and a tab (portion of the buckle 5 is the tab or portion of strap 4 comprising a respective portion of buckle 5 is the tab, see paragraph 0020 of Guan and the annotated-Guan fig. 2 above), wherein the casing is disposed on an exterior surface of the main body (see pillow case covering an exterior surface of 1, paragraphs 0008 and 0019-0020 of Guan); the filler is disposed between the casing and the main body (relatively 3-1 or 3-3 of Guan is between the main body and the pillow case, it is noted that the claim does not claim that the entire filler is between the entire main body and the entire casing); the tab is connected to the filler and allows the travel pillow (interpreted as the device) to be placed on a hook (the tab is connected to the filler because the tab and the filler is part of the same connected unit, see the annotated-Guan fig. 2 above, furthermore, see paragraph 0020 of Guan, the tab is part of the buckle or strap plus buckle, therefore, can be used to place the pillow on a hook).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Mu (CN 110711107) and Ross (2015/0257554) as applied to claim 1 above, and further in view of Toya (2008/0053979) and Ki Bong (KR 101322182).
Regarding claims 3-4, the modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Toya teaches a module that comprises a vibrator that vibrates and a heater that provides heat, the module having a housing (see entire device in fig. 2 comprising housing 2A and 2B, see fig. 4 for heat heater 3 and vibration motor in fig. 16, paragraphs 0054-0055, 0108 and 0114), wherein the module is battery powered and can be reused (see paragraphs 0085-0089 and 0104-0105).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the module of the modified Guan to be the module as taught by Toya for the purpose of providing both vibration and heat to the user, thereby providing, relaxation through the vibration from the vibrator and the thermal energy from the heater, and for the purpose of providing a module that can be reused (see paragraphs 0054-0055, 0085-0089, 0104-0105, 0108 and 0114 of Toya).
The modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Ki Bong teaches a snap connector (231 and 261, figs. 9-10) disposed between at least one module (230, 220, 222, 221, fig. 9) and a compartment (compartment formed by recess having slots 261, fig. 9), the snap connector comprises a snap (231, fig. 9) disposed on the at least one module, and a slot (slot 261) disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot (slot 261, fig. 9, paragraphs 0011 and 0012 (pages 5-10), 231 is a click connector which is a snap connector).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snap connector, module and the pillow of the modified Guan such that the module is provided with the snap and the pillow of the modified Guan is provided with the slot as taught by Ki Bong for the purpose of providing an alternative snap construction that would allow the module to be detachable from the pillow (see paragraphs 0011 and 0012 of Ki Bong).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Mu (CN 110711107) and Ross (2015/0257554) as applied to claim 1 above, and further in view of Toya (2008/0053979) and Sham (2014/0046232).
Regarding claims 3-4, the modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Toya teaches a module that comprises a vibrator that vibrates and a heater that provides heat, the module having a housing (see entire device in fig. 2 comprising housing 2A and 2B, see fig. 4 for heat heater 3 and vibration motor in fig. 16, paragraphs 0054-0055, 0108 and 0114), wherein the module is battery powered and can be reused (see paragraphs 0085-0089 and 0104-0105).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the module of the modified Guan to be the module as taught by Toya for the purpose of providing both vibration and heat to the user, thereby providing, relaxation through the vibration from the vibrator and the thermal energy from the heater, and for the purpose of providing a module that can be reused (see paragraphs 0054-0055, 0085-0089, 0104-0105, 0108 and 0114 of Toya).
The modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Sham teaches a snap connector (125A, 135A, 134A and 133A, fig. 6) disposed between at least one module (119A, fig. 6, paragraph 0096) and base (125A, fig. 6) comprising a compartment (compartment formed by recess of the holder 125A), the snap connector comprises a snap (133A, fig. 6) disposed on the at least one module, and a slot (134A or 135A, see fig. 6, paragraph 0107) disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot (see paragraph 0107).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snap connector, module and the pillow of the modified Guan such that the module is provided with the snap and the pillow of the modified Guan is provided with the base and slot as taught by Sham for the purpose of providing an alternative means of connecting the pillow and the module that would provide the predictable result of allowing the module to be detachable from the pillow (see paragraph 0107 of Sham).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 206423908) in view of Mu (CN 110711107) and Ross (2015/0257554) as applied to claim 1 above and alternatively in view of Toya (2008/0053979) and Sham (2014/0046232).
Regarding claim 6, the modified Guan discloses that the module can be connected to the travel pillow (interpreted as the device) in a detachable manner, and further discloses a slide rail is disposed on the at least one compartment, the at least one module comprises a slider movable along the slide rail; so that the at least one module is slidably connected to the at least one compartment through the cooperation of the slide rail and the slider (the outer edge of the heat pack 130 of Ross would form the slider and the bottom portion of pocket 120 would form the slide rail, see the annotated-Ross fig. 1E above, see paragraphs 0042-0047 of Ross). However, if there is any doubt that the modified Guan discloses a slide rail is disposed on the at least one compartment, the at least one module comprises a slider movable along the slide rail; so that the at least one module is slidably connected to the at least one compartment through the cooperation of the slide rail and the slider.
Toya teaches a module that comprises a vibrator that vibrates and a heater that provides heat, the module having a housing (see entire device in fig. 2 comprising housing 2A and 2B, see fig. 4 for heat heater 3 and vibration motor in fig. 16, paragraphs 0054-0055, 0108 and 0114), wherein the module is battery powered and can be reused (see paragraphs 0085-0089 and 0104-0105).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the module of the modified Guan to be the module as taught by Toya for the purpose of providing both vibration and heat to the user, thereby providing, relaxation through the vibration from the vibrator and the thermal energy of the heater, and for the purpose of providing a module that can be reused (see paragraphs 0054-0055, 0085-0089, 0104-0105, 0108 and 0114 of Toya).
Sham teaches at least one module (119A, fig. 6, paragraph 0096) is connected to a base (125A, fig. 6) comprising at least one compartment in a sliding way (compartment formed by recess of the holder 125A), a slide rail (portion forming groove 134A, see fig. 6, paragraph 0107) is disposed on the at least one compartment, the at least one module comprises a slide (the portion of 119A that slides relative to groove 134A), the at least one module is slidably connected to the at least one compartment through the cooperation of the slide rail and the slider (see paragraph 0107).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snap connector, module and the pillow of the modified Guan such that the module is provided with the slider and the pillow of the modified Guan is provided with the base and slide rail as taught by Sham for the purpose of providing an alternative means of connecting the pillow and the module that would provide the predictable result of allowing the module to be detachable from the pillow (see paragraph 0107 of Sham).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-2 and 5-6 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-5 of US Patent No. 12,383,067 in view of Ross (2015/0257554).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between the instant claims and the patented claims are minor and obvious from each other. For example, the instant claims 1-2 and 5-6 are a broader version of the patented claims 1-5 (i.e., the instant claims 1-2 and 5-6 do not include that the damper is detachably disposed around the damping part as in the patented claims 1-5). In the instant claims 1-2 and 5-6, the device included in the patented claims 1-5. Any infringement over the patented claims would also infringe over the instant claims. Therefore, the instant claims 1-2 and 5-6 do not differ in scope from the patented claims 1-5. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer.
With respect to the additional features recited in the instant claims 1-2 and 5-6, the patented claims 1-5 fail to recite the inclusion of the at least one module being detachably disposed in the at least one compartment, the at least one module is a heating module and the at least one module is connected to the at least one compartment in a slide way, and a slide rail is disposed on the at least one compartment; the at least one module comprises a slider movable along the slide rail; so that the at least one module is slidably connected to the at least one compartment through the cooperation of the slide rail and the slider.
Ross teaches a pillow (100, figs. 1A-1E, paragraphs 0030-0034) comprising a compartment, and at least one module (130, fig, 1E, paragraph 0031) being detachably disposed in the at least one compartment (see paragraphs 0031 and 0042-0047, Ross discloses that exhaust heat pack are removed and a new heat pack is inserted), the at least one module is a heating module (see 130 and paragraphs 0031 and 0042-0047 of Ross), the at least one module (130 of Ross) is connected to the at least one compartment in a sliding way (see paragraphs 0042-0047 of Ross, the module 130 is being inserted into the pocket of the compartment, therefore, is connected to the at least one compartment in a sliding way), a slide rail is disposed on the at least one compartment, the at least one module comprises a slider movable along the slide rail; so that the at least one module is slidably connected to the at least one compartment through the cooperation of the slide rail and the slider (the outer edge of the heat pack 130 of Ross would form the slider and the bottom portion of pocket 120 would form the slide rail, see the annotated-Ross fig. 1E above, see paragraphs 0042-0047 of Ross).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the travel pillow of the patented claims 1-5 to have the compartment comprising the module as taught by Ross for the purpose of providing relaxation and warmth to the user (see paragraphs 0042-0047 of Ross).
Claims 3-4 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-5 of US Patent No. 12,383,067 in view of Ross (2015/0257554), Toya (2008/0053979) and Sham (2014/0046232).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between the instant claims and the patented claims are minor and obvious from each other. For example, the instant claims 3-4 are a broader version of the patented claims 1-5 (i.e., the instant claims 3-4 do not include that the damper is detachably disposed around the damping part as in the patented claims 1-5). In the instant claims 3-4, the device included in the patented claims 1-5. Any infringement over the patented claims would also infringe over the instant claims. Therefore, the instant claims 3-4 do not differ in scope from the patented claims 1-5. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer.
With respect to the additional features recited in the instant claims 3-4, the patented claims 1-5 fail to recite the inclusion of the at least one module being detachably disposed in the at least one compartment.
Ross teaches a pillow (100, figs. 1A-1E, paragraphs 0030-0034) comprising a compartment, and at least one module (130, fig, 1E, paragraph 0031) being detachably disposed in the at least one compartment (see paragraphs 0031 and 0042-0047, Ross discloses that exhaust heat pack are removed and a new heat pack is inserted), the at least one module is a heating module (see 130 and paragraphs 0031 and 0042-0047 of Ross).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the travel pillow of the patented claims 1-5 to have the compartment comprising the module as taught by Ross for the purpose of providing relaxation and warmth to the user (see paragraphs 0042-0047 of Ross).
The modified patented claims 1-5 discloses that the module can be connected to the travel pillow via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Toya teaches a module that comprises a vibrator that vibrates and a heater that provides heat, the module having a housing (see entire device in fig. 2 comprising housing 2A and 2B, see fig. 4 for heat heater 3 and vibration motor in fig. 16, paragraphs 0054-0055, 0108 and 0114), wherein the module is battery powered and can be reused (see paragraphs 0085-0089 and 0104-0105).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the module of the modified patented claims 1-5 to be the module as taught by Toya for the purpose of providing both vibration and heat to the user, thereby providing, relaxation through the vibration from the vibrator and the thermal energy from the heater, and for the purpose of providing a module that can be reused (see paragraphs 0054-0055, 0085-0089, 0104-0105, 0108 and 0114 of Toya).
The modified patented claims 1-5 discloses that the module can be connected to the travel pillow via snap connector (see paragraph 0042 of Ross), but fails to disclose that the travel pillow further comprises a snap connector disposed between the at least one module and the at least one compartment, the snap connector comprises a snap disposed on the at least one module, a slot disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot.
However, Sham teaches a snap connector (125A, 135A, 134A and 133A, fig. 6) disposed between at least one module (119A, fig. 6, paragraph 0096) and base (125A, fig. 6) comprising a compartment (compartment formed by recess of the holder 125A), the snap connector comprises a snap (133A, fig. 6) disposed on the at least one module, and a slot (134A or 135A, see fig. 6, paragraph 0107) disposed on the at least one compartment; and the at least one module is fastened to the at least one compartment through the cooperation of the snap and the slot (see paragraph 0107).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the snap connector, module and the pillow of the modified patented claims 1-5 such that the module is provided with the snap and the pillow of the modified patented claims 1-5 is provided with the base and slot as taught by Sham for the purpose of providing an alternative means of connecting the pillow and the module that would provide the predictable result of allowing the module to be detachable from the pillow (see paragraph 0107 of Sham).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mu (CN 110711107) is cited to show a massager comprising a hinge having a bolt and a nut.
Deng (CN 209505526) is cited to show a pillow having rotatable hinge.
Ma (WO 2015/027460) is cited to show a massaging pillow.
Ma (WO 2018/133466) is cited to show a massaging pillow.
Liu (CN 111228100) is cited to show a pivotal massaging device.
Zhou (CN 211357448) is cited to show a massaging device comprising a pivotable support arm.
Ma (CN 109394487) is cited to show a massaging pillow.
Ma (CN 103417357) is cited to show a massaging pillow.
Wu (CN 205145022) is cited to show a massaging device comprising a pivotable support arm.
Jiang (CN 106724512) is cited to show a pillow comprising a hinge assembly.
Pietracatella (2019/0231100) is cited to show a pillow comprising a pocket for storing a heat pack.
Chen (2020/0139106) is cited to show a snap fit mechanism.
Williams (4,343,303) is cited to show a neck support comprising a vibrating unit.
Branch (2007/0255187) is cited to show a vibrating therapy device comprising a heat module and a vibration module.
Elkossei (2021/0298943) is cited to show a travel pillow having a heat pack.
Hunt (4,979,502) is cited to show a massage and heating device including a neck support.
Hsia (2003/0135927) is cited to show a pillow having rotatable arms.
Eyman (2,719,577) is cited to show a headrest comprises a hinge.
Blanchard (3,283,344) is cited to show a pivoting headrest.
Clough (2007/0108827) is cited to show a pivoting headrest.
Von Oepen (2014/0180181) is cited to show a module comprising a snap mechanism.
Ehrenreich (2014/0228721) is cited to show a module comprising a snap mechanism.
Du (2022/0409472) is cited to show a massage neck pillow.
Horning (2002/0052569) is cited to show a bandage comprising heat packs.
Wong (2017/0071349) is cited to show a travel pillow.
Bisch (2002/0185573) is cited to show a portable and pivotable headrest.
Wong (2020/0060450) is cited to show a foldable travel pillow.
O’Connor (6,305,749) is cited to show a pivotable headrest.
Hufnagel (4,797,934) is cited to show a pivotable headrest.
Majette (8,898,840) is cited to show a pivotable headrest.
Pistay (5,344,437) is cited to show a pillow comprising massaging function with removable ice pack.
Carlucci (2009/0118652) is cited to show a neck massaging device.
Liu (2017/0319866) is cited to show a multifunctional airbag.
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/TU A VO/Primary Examiner, Art Unit 3785