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 Group II drawn to a method for transporting a sealed positioner in A61G13/0265 in the reply filed on 05/27/2026 is acknowledged.
Claim Rejections - 35 USC § 112
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.
Claims 1-3, 9-12, 16-18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regard to claims 1-3, 9-12, 16-18, the applicant’s recitation of a "sealed positioner" or “sealed cover is unclear and indefinite since a filter allows the flow of air or gas while also being sealed, and as best understood it should actually say "liquid impermeable positioner" or a "liquid impermeable cover". The Examiner interprets the claim language to actually state "liquid impermeable positioner" or "liquid impermeable cover" as supported in applicant's specification. Regarding claims 1, 9, 16, the recites "maintaining a seal", which is indefinite due to a filter allowing in and out flow of air or gas while also being sealed, and as best understood It should actually say "maintaining liquid impermeability". The Examiner interprets the claim language to actually state "maintaining liquid impermeability" as, supported in applicant's specification,
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 16-24, 27-33 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2015/0107026 to Navan et al.
Claims 16 and 19-21, Navan, as best understood, discloses a method for transporting a liquid impermeable positioner (Fig. 1)[0119] regarding a pillow product for airline seating), comprising: providing the liquid impermeable positioner (at waterproof coated fabric cover 1, Fig. 1, pillow 10 comprises a waterproof coated fabric cover 1 and incorporates a section of filter medium 2, Para. [0066]) that includes a shapeable core (resiliently deformable filling material, Para. [0118]) within an interior (Interior of waterproof coated fabric cover 1) of a liquid impermeable cover (waterproof coated fabric cover 1), with a predetermined pressure (allows sufficient air-flow to ventilate the pillow dynamically air flow through the pillow in the region of 20-40 Litres per minute per square centimeter at 1 bar differential pressure, Para. [0067]) between the shapeable core (resiliently deformable filling material, Para. [0118]) and an inner surface (inner surface of waterproof coated fabric cover 1) of the liquid impermeable cover (waterproof coated fabric cover 1); moving the liquid impermeable positioner (at waterproof coated fabric cover 1) from a first environment (pillow product could be incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a first elevation) to a second environment (pillow product could be incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a second elevation), the first environment (pillow product could be Incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a first elevation) having a first pressure (pillow product could be incorporated in headrests for airline seating, Para. [0119], ventilate the pillow dynamically differential pressure, Para. [0067], ambient atmosphere, Para. [0009]. where airline seating could be at a first elevation with a first ambient atmosphere pressure), the second environment (pillow product could be incorporated in headrests for airline seating. Para. [0119], where airline seating could be at a second elevation) having a second pressure (pillow product could be incorporated in headrests for airline seating, Para. [0119], ventilate the pillow dynamically differential pressure, Para. [0067], ambient atmosphere. Para. [0009], where airline seating could be at a second elevation with a second ambient atmosphere pressure), and the first pressure (pillow product could be incorporated in headrests for airline seating. Para. [0119], ventilate the pillow dynamically differential pressure, Para. [0067], ambient atmosphere, Para. [0009], where airline seating could be at a first elevation with a first ambient atmosphere pressure) and the second pressure (pillow product could be incorporated in headrests for airline seating, Para. [0119], ventilate the pillow dynamically differential pressure, Para. [0067], ambient atmosphere, Para. [0009]. where airline seating could be at a second elevation with a second ambient atmosphere pressure) being different from each other (pillow product could be incorporated in headrests for airline seating, Para. [0119], ventilate the pillow dynamically differential pressure, Para. [0067], ambient atmosphere, Para. [0009], where airline seating could be at a first elevation with a first ambient atmosphere pressure and at a second elevation with a second ambient atmosphere pressure that is different); maintaining the predetermined pressure (allows sufficient air-flow to ventilate the pillow dynamically air flow through the pillow in the region of 20-40 Litres per minute per square centimeter at 1 bar differential pressure, Para. [0067]) between the shapeable core (resiliently deformable filling material, Para. [0118]) and the inner surface (inner surface of waterproof coated fabric cover 1) of the liquid impermeable cover (waterproof coated fabric cover 1) while the liquid impermeable positioner (at waterproof coated fabric cover 1) is located within the first environment (pillow product could be incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a first elevation), while moving the liquid impermeable positioner (at waterproof coated fabric cover 1) from the first environment (pillow product could be incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a first elevation) to the second environment (pillow product could be incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a second elevation), and while the liquid impermeable positioner (at waterproof coated fabric cover 1) is located within the second environment (pillow product could be incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a second elevation) by enabling gas (air, Para. [0043]) to flow through (allows substantial air flow, Para. [0043]) a filter (filter medium 2, Fig. 1, filter medium 2, Para. [0066], a filter medium which allows substantial air flow, but is substantially impermeable to liquid and maintains a barrier to particles of microbial size, Para. [0043]) in the liquid impermeable cover (waterproof coated fabric cover 1); and maintaining liquid impermeability (substantially impermeable to liquid, Para. [0043]) of the liquid impermeable cover (waterproof coated fabric cover 1) and at least one property (allows sufficient air-flow to ventilate the pillow dynamically, Para. [0067]) of the interior (interior of waterproof coated fabric cover 1) of the liquid impermeable cover (waterproof coated fabric cover 1) while moving the liquid impermeable positioner (at waterproof coated fabric cover 1) from the first environment (pillow product could be incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a first elevation) to the second environment (pillow product could be incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a second elevation).
Claim 17, as best understood, Navan discloses the method of claim 16, wherein enabling gas (air, Para. [0043]) to flow through (allows substantial air flow, Para. [0043]) the filter (filter medium 2. Fig. 1) comprises enabling gas (air, Para. [0043]) to flow from (allows substantial air flow, Para. [0043]) the interior (interior of waterproof coated fabric cover 1) of the liquid impermeable cover (waterproof coated fabric cover 1) to a location outside (outside of waterproof coated fabric cover 1) the liquid impermeable cover (waterproof coated fabric cover 1) while moving the liquid impermeable positioner (at waterproof coated fabric cover 1) from the first environment (pillow product could be incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a first elevation) to the second environment (pillow product could be incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a second elevation), with the first pressure (pillow product could be incorporated in headrests for airline seating, Para. [0119], ventilate the pillow dynamically differential pressure, Para. [0067], ambient atmosphere, Para. [0009], where airline seating could be at a first elevation with a first ambient atmosphere pressure) exceeding (pillow product could be incorporated in headrests for airline seating, Para. [0119], ventilate the pillow dynamically differential pressure. Para. [0067], ambient atmosphere, Para. [0009], where airline seating could be at a lower first elevation with a higher first ambient atmosphere pressure and at a higher second elevation with a lower second ambient atmosphere pressure) the second pressure (pillow product could be incorporated in headrests for airline seating, Para. [0119], ventilate the pillow dynamically differential pressure, Para. [0067], ambient atmosphere, Para. [0009], where airline seating could be at a second elevation with a second ambient atmosphere pressure).
Regarding Claim 18, Navan, as best understood, discloses the method of claim 16, wherein enabling gas (air, Para. [0043]) to flow through (allows substantial air flow, Para. [0043]) the filter (filter medium 2, Fig. 1) comprises enabling gas (air, Para. [0043]) to flow from (allows substantial air flow, Para. [0043]) a location outside (outside of waterproof coated fabric cover 1) the liquid impermeable cover (waterproof coated fabric cover 1) into the interior (interior of waterproof coated fabric cover 1) of the liquid impermeable cover (waterproof coated fabric cover 1) while moving the liquid impermeable positioner (at waterproof coated fabric cover 1) from the first environment (pillow product could be Incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a first elevation) to the second environment (pillow product could be incorporated in headrests for airline seating, Para. [0119], where airline seating could be at a second elevation). with the first pressure (pillow product could be Incorporated in headrests for airline seating, Para. [0119], ventilate the pillow dynamically differential pressure, Para. [0067], ambient atmosphere, Para. [0009], where airline seating could be at a first elevation with a first ambient atmosphere pressure) being less than (pillow product could be incorporated in headrests for airline seating. Para. [0119], ventilate the pillow dynamically differential pressure, Para. [0067], ambient atmosphere, Para. [0009]. where airline seating could be at a higher first elevation with a lower first ambient atmosphere pressure and at a lower second elevation with a higher second ambient atmosphere pressure) the second pressure (pillow product could be incorporated in headrests for airline seating, Para. [0119], ventilate the pillow dynamically differential pressure, Para. [0067], ambient atmosphere, Para. [0009], where airline seating could be at a second elevation with a second ambient atmosphere pressure).
Claims 22 and 27-32, Cole discloses all of the method limitations as stated above wherein maintaining the enabling gas to flow through the filter comprises enabling gas to flow through an antimicrobial filter [0027].
Claim 23, Cole discloses the method wherein the sealed cover is defined from an impermeable material [0028].
Claims 24 and 33, Cole discloses the method wherein the shapeable core comprises a moldable material defined by a resiliently deformable filling [0118].
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) 24-26 and 34-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0107026 to Navan et al. in view of U.S. Pub. No. 2017/0020312 to Davis et al.
Claims 25-26 and 34-35 Cole the method, but is silent the deformable filling comprising beads. Davis discloses a deformable filling comprising beads [0035]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the beads disclosed in Davis with the deformable filling of Cole with a reasonable expectation of success because it would have provided an equivalent and alternative filler that dispersed throughout the fluid medium having resilient, conforming and supporting properties after extended use and repeated washing and drying.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 5,387,177 to Dunn discloses an incubator support.
U.S. Pat. No. 5,261,133 to Wilkerson discloses an infant positioning device.
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
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