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 .
Status of the Application
Claims 1, 3—21 have been examined in this application. Claims 2 has been withdrawn. This communication is a Non-Final Rejection in response to Applicants “Request for Continued Examination (RCE)” filed [10/16/2025].
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1,3 and 6—21 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S 2007/0044239 A1 to Leifermann in view of U.S Patent Application 2015/0201260 A1 to Oswald et. al (Oswald hereafter).
As per claim 1, Leifermann (as modified) teaches:
An acoustically transparent pillow (10—Fig.1; para [0021]) comprising: a fabric envelope (30—Fig.1; para [0041])including a first face and a second face (30—Fig.2; para [0041]); and a fill material contained within the fabric envelope (14—Fig.1; para [0021]) and disposed between the first face and the second face (14—Fig.2; para [0021]) wherein at least a portion of the fabric envelope are acoustically transparent (para [0040]: enveloper 30 may be formed of acoustic transparent fabric such as netting, webbing, satin silk etc.).
Leifermann does not explicitly teach: wherein at least a portion of the fill material and at least a portion of the fabric envelope are acoustically transparent such that sound waves passing through the acoustically transparent pillow at the first face and the second face are attenuated below a threshold.
Oswald teaches: wherein at least a portion of the fill material (716—Fig.7C; para [0048]: fill material & cover layer acoustically transparent) and at least a portion of the fabric envelope are acoustically transparent (212—Fig.7B; para [0048]: fill material & cover layer acoustically transparent) such that sound waves passing through the acoustically transparent pillow at the first face and the second face are attenuated below a threshold (716—Fig.7C; para [0048]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Leifermann (directed to an acoustically transparent pillow provided with an envelope and fill material) and Oswald (directed to an acoustically transparent fill material) and arrived at an acoustically transparent pillow provided with an envelope and acoustically transparent fill material. One of ordinary skill in the art would have been motivated to make such a combination to obscure or hide the appearance of the acoustic channels behind the cover layer as taught in Oswald (para [0048]).
As per claim 3, Leifermann (as modified) teaches:
The acoustically transparent pillow of claim 1, wherein the fill material includes an reticulated foam (14—Fig.1; para [0021] reticulated foam).
Leifermann does not teach an acoustically transparent foam.
Oswald teaches an acoustically transparent reticulated foam (para [0070]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Leifermann (directed to an acoustically transparent pillow provided with an envelope and fill material) and Oswald (directed to an acoustically transparent fill material) and arrived at an acoustically transparent pillow provided with an envelope and acoustically transparent fill material. One of ordinary skill in the art would have been motivated to make such a combination to obscure or hide the appearance of the acoustic channels behind the cover layer as taught in Oswald (para [0048]).
As per claim 6, Leifermann (as modified by Oswald) teaches:
The acoustically transparent pillow of claim 3, wherein the acoustically transparent reticulated foam is provided as a plurality of pieces of reticulated foam (14—Fig.1; para [0024] filler 14 shredded reticulated foam).
As per claim 7, Leifermann (as modified by Oswald) teaches:
The acoustically transparent pillow of claim 6, wherein the acoustically transparent reticulated foam is shredded or cut (14—Fig.1; para [0024] filler 14 shredded reticulated foam).
As per claim 8, Leifermann (as modified by Oswald) teaches:
The acoustically transparent pillow of claim 6, wherein the acoustically transparent reticulated foam includes in multiple layers (14—Fig.1; para [0024] filler 14 layered shredded reticulated foam).
As per claim 9, Leifermann (as modified by Oswald) teaches:
The acoustically transparent pillow of claim 1, wherein the portion of the fill material is aligned with a central portion of the acoustically transparent pillow (14—Fig.2; para [0032]: fill material positioned in central portion of pillow).
As per claim 10, Leifermann (as modified) teaches:
The acoustically transparent pillow of claim 9, wherein the portion of the fabric envelope is provided on the first face and second face (para [0040]: enveloper 30 may be formed of acoustic transparent fabric such as netting, webbing, satin silk etc.).
As per claim 11, Leifermann (as modified) teaches:
The acoustically transparent pillow of claim 1, further comprising a second material wherein the second fill material is non-acoustically transparent (18—Fig.3; para [0034-36]: fill material 18 may be made of non-reticulated foam), a separator secured to an interior of the fabric envelope (22—Fig.2 & 3; para [0038]) to define a central compartment in which the fill material is housed (14—Fig.2 & 22—Fig.2: filler material housed in central compartment); and one or more peripheral compartments housing the second (Fig.3 peripheral compartments), fill material (18—Fig.3 non acoustically transparent fill material housed in compartment).
As per claim 12, Leifermann teaches:
An acoustically transparent pillow (10—Fig.1; para [0021]) comprising: a fabric envelope (30—Fig.1; para [0041]) including a first major face and a second major face connected to one another around a periphery of the acoustically transparent pillow (30—Fig.2; para [0041] enveloper 30 includes first and second major faces and may be formed of acoustic transparent fabric such as netting, webbing, satin silk etc.), wherein at least a portion of the fabric envelope is acoustically transparent (para [0040]: enveloper 30 may be formed of acoustic transparent fabric such as netting, webbing, satin silk etc. ); and a fill material contained within the fabric envelope (14—Fig.1; para [0021]) and disposed between the first major face and the second major face (14—Fig.2; para [0021]).
Leifermann does not explicitly teach: wherein at least a portion of the fill material is acoustically transparent and aligned with the portion of the fabric envelope to form an acoustically transparent pathway from the first major face to the second major face such that sound waves passing through the acoustically transparent pillow at the first major face and the second major face are attenuated below a threshold.
Oswald teaches wherein at least a portion of the fill material is acoustically transparent (716—Fig.7C; para [0048]: fill material & cover layer acoustically transparent) and aligned with the portion of the fabric envelope to form an acoustically transparent pathway from the first major face to the second major face such that sound waves passing through the acoustically transparent pillow (212—Fig.7B; para [0048]: fill material & cover layer acoustically transparent) at the first major face and the second major face are attenuated below a threshold (716—Fig.7C; para [0048]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Leifermann (directed to an acoustically transparent pillow provided with an envelope and fill material) and Oswald (directed to an acoustically transparent fill material) and arrived at an acoustically transparent pillow provided with an envelope and acoustically transparent fill material. One of ordinary skill in the art would have been motivated to make such a combination to obscure or hide the appearance of the acoustic channels 300 behind the cover layer as taught in Oswald (para [0048]).
As per claim 13, Leifermann (as modified) teaches:
The acoustically transparent pillow of claim 12, wherein, one or more edge faces of the fabric envelope are disposed between the first major face and second major face(18—Fig.3 non acoustically transparent fill material housed in compartment).
As per claim 14, Leifermann (as modified) teaches:
The acoustically transparent pillow of claim 12, further comprising second fill material (18—Fig.3; para [0034-36]: fill material 18 may be made of non-reticulated foam), the second fill material is non-acoustically transparent (para [0034-36]: fill material 18 may be made of non-reticulated foam) a separator secured to an interior of the fabric envelope (22—Fig.2 & 3; para [0038]) for defining a central compartment in which the fill material is housed (14—Fig.2 & 22—Fig.2: filler material housed in central compartment); and one or more peripheral compartments housing the second fill material (18—Fig.3 non acoustically transparent second fill material housed in compartment).
As per claim 15, Leifermann (as modified by Oswald) teaches:
The acoustically transparent pillow of claim 12, wherein the fill material includes an acoustically transparent reticulated foam (14—Fig.1; para [0021] filler material reticulated foam).
As per claim 16, Leifermann (as modified by Oswald) teaches:
The acoustically transparent pillow of claim 15, wherein the acoustically transparent reticulated foam is provided as a plurality of pieces of reticulated foam (14—Fig.1; para [0024] filler 14 shredded reticulated foam).
As per claim 17, Leifermann teaches:
An acoustically transparent pillow (10—Fig.1; para [0021]) for use with a furniture system that includes a speaker embedded in an armrest or other location within the furniture system (examiner note),
Note:
It may be appreciated that if the prior art structure of U.S 2007/0044239 A1 to Leifermann is capable of performing the intended use, and therefore meets the claim language ‘for use with a furniture system that includes a speaker embedded in an armrest or other location within the furniture system’.
the acoustically transparent pillow comprising:
a fabric envelope (30—Fig.1; para [0041]), wherein at least a portion of the fabric envelope is acoustically transparent (para [0040]: enveloper 30 may be formed of acoustic transparent fabric such as netting, webbing, satin silk etc.);
a fill material contained within the fabric envelope (14—Fig.1; para [0021]), (para [0023]: filler 14 made of reticulated foam); when the fabric envelope is filled with the fill material (14—Fig.2; para [0021]) the fabric envelope includes a first major face and a second major face connected to one another around a periphery of the acoustically transparent pillow (30—Fig.2; para [0021]: envelope provided with 2 major faces) the fill material disposed between the first major face and the second major face (14—Fig.2; para [0021]).
Leifermann does not explicitly teach wherein at least a portion of the fill material is acoustically transparent an acoustically transparent pathway between the first major face and the second major face, the acoustically transparent pathway formed through an alignment of the portion of the fabric envelope and the portion of the fill material, the acoustically transparent pathway allowing sound to pass through the acoustically transparent pillow at the first major face and the second major face in an acoustically transparent manner such that the sound is attenuated below a threshold.
Oswald teaches: wherein at least a portion of the fill material is acoustically transparent (716—Fig.7C; para [0048]: fill material & cover layer acoustically transparent) an acoustically transparent pathway between the first major face and the second major face (300—Fig.7b; para [0021]: acoustically transparent pathway positioned between the envelopes’ first and second major face of 212), the acoustically transparent pathway formed through an alignment of the portion of the fabric envelope and the portion of the fill material (300—Fig.7b; para [0021]), the acoustically transparent pathway allowing sound to pass through the acoustically transparent pillow at the first major face and the second major face (para [0048]) in an acoustically transparent manner such that the sound is attenuated below a threshold (para [0021]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Leifermann (directed to an acoustically transparent pillow provided with an envelope and fill material) and Oswald (directed to an acoustically transparent fill material including ) and arrived at an acoustically transparent pillow provided with an envelope and acoustically transparent fill material. One of ordinary skill in the art would have been motivated to direct acoustic energy radiated from the speakers as taught in Oswald (para [0046]).
As per claim 18, Leifermann (as modified) teaches:
The acoustically transparent pillow of claim 17, wherein one or more edge faces of the fabric envelope are disposed between the first major and second major face (18—Fig.3 non acoustically transparent fill material housed in compartment).
As per claim 19, Leifermann (as modified) teaches:
The acoustically transparent pillow of claim 17, further comprising second fill material the second fill material is non-acoustically transparent (18—Fig.3; para [0034-36]: fill material 18 may be made of non-reticulated foam); a separator secured to an interior of the fabric envelope (22—Fig.2 & 3; para [0038]) for defining a central compartment in which the fill material is housed (14—Fig.2 & 22—Fig.2: filler material housed in central compartment); and one or more peripheral compartments, housing the second fill material (18—Fig.3 non acoustically transparent fill material housed in compartment).
As per claim 20, Leifermann (as modified by Oswald) teaches:
The acoustically transparent pillow of claim 17, wherein the fill material includes an acoustically transparent reticulated foam (para [0023]: filler 14 made of reticulated foam).
As per claim 21, Leifermann (as modified by Oswald) teaches:
The acoustically transparent pillow of claim 20, wherein the acoustically transparent reticulated foam is provided as a plurality of pieces of reticulated foam (14—Fig.1; para [0024] filler 14 shredded reticulated foam).
Claim(s) 4 & 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S 2007/0044239 A1 to Leifermann in view of U.S Patent Application 2015/0201260 A1 to Oswald in further view of U.S Patent 3,566,871 A to Richter et. al (Richter hereafter).
As per claim 4, Leifermann (as modified by Oswald) teaches: The acoustically transparent pillow of claim 3.
Leifermann does not teach, wherein the acoustically transparent reticulated foam has a void fraction of 90% or more.
Richter teaches, wherein the acoustically transparent reticulated foam has a void fraction of 90% or more (Col 4 Lines 66—69: void fraction of about 97%).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Leifermann (directed to an acoustically transparent pillow) and Oswald (directed to an acoustically transparent fill material) and Richter (directed to a foam fill material that has a void fraction of 90% or more) and arrived at an acoustically transparent pillow provided with a void fraction of 90% or more. One of ordinary skill in the art would have been motivated to make such a combination to provide an absorb material capable of retaining sweat from the user as taught in Richter (Col 4 Lines 38—48).
As per claim 5, Leifermann (as modified by Oswald) teaches: The acoustically transparent pillow of claim 3.
Leifermann does not teach wherein the acoustically transparent reticulated foam has a porosity value of 100 pores per inch (ppi) or less.
Richter teaches wherein the acoustically transparent reticulated foam has a porosity value of 100 pores per inch (ppi) or less (Col 4 Lines 38—48).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Leifermann (directed to an acoustically transparent pillow) and Oswald (directed to an acoustically transparent fill material) and Richter (directed to a foam fill material that has a porosity value of 100 pores per inch or fewer) and arrived at an acoustically transparent pillow provided with a porosity value of 100 pores per inch or fewer. One of ordinary skill in the art would have been motivated to make such a combination to provide an absorb material capable of retaining sweat from the user as taught in Richter (Col 4 Lines 38—48).
Response to Arguments
Applicant's arguments filed 01/16/2026 have been fully considered but they are not persuasive.
Applicant’s Arguments:
Regarding the Non-Final Rejection filed on 01/16/2026, the Applicant argues,
Regarding claim 1, Leifermann is limited to "reinforcing layers 22 are positioned on the outside of the layers of viscoelastic foam 18... [and] can be made from a durable material, such as a cotton/polyester blend, or any of the non-viscoelastic sheet materials." Leifermann, at para. [0038] and FIG. 2 (reproduced below). Leifermann is silent regarding at least a portion of fill material and at least a portion of a fabric envelope are acoustically transparent such that sound waves passing through an acoustically transparent pillow at a first face and a second face are attenuated below a threshold. Thus, Leifermann is deficient.
Oswald is silent regarding at least a portion of fill material and at least a portion of a fabric envelope are acoustically transparent such that sound waves passing through an acoustically transparent pillow at a first face and a second face are attenuated below a threshold. Thus, Oswald and the asserted combination are deficient
Independent claim 12 recites, inter alia, wherein at least a portion of the fill material is acoustically transparent and aligned with the portion of the fabric envelope to form an acoustically transparent pathway from the first major face to the second major face such that sound waves passing through the acoustically transparent pillow at the first major face and the second major face are attenuated below a threshold." The asserted combination is silent regarding at least these features.
Leifermann is silent regarding at least a portion of fill material is acoustically transparent and aligned with a portion of a fabric envelope to form an acoustically transparent pathway from a first major face to a second major face such that sound waves passing through an acoustically transparent pillow at the first major face and the second major face are attenuated below a threshold. Thus, Leifermann is deficient.
Independent claim 17 recites, inter alia, " an acoustically transparent pathway between the first major face and the second major face, the acoustically transparent pathway formed through an alignment of the portion of the fabric envelope and the portion of the fill material, the acoustically transparent pathway allowing sound to pass through the acoustically transparent pillow at the first major face and the second major face in an acoustically transparent manner such that the sound is attenuated below a threshold." The asserted combination is silent regarding at least these features.. reinforcing layers 22 are positioned on the outside of the layers of viscoelastic foam 18... [and] can be made from a durable material, such as a cotton/polyester blend, or any of the non-viscoelastic sheet materials." Leifermann, at para. [0038] and FIG. 2. Leifermann is silent regarding an acoustically transparent pathway between a first major face and a second major face, the acoustically transparent pathway formed through an alignment of a portion of the fabric envelope and a portion of fill material, the acoustically transparent pathway allowing sound to pass through an acoustically transparent pillow at the first major face and the second major face in an acoustically transparent manner such that the sound is attenuated below a threshold. Thus, Leifermann is deficient.
As discussed above, Oswald fails to cure the deficiencies of Leifermann. Oswald is limited to speakers disposed within a vehicle headrest. Oswald, at Abstract. Oswald is silent regarding an acoustically transparent pathway between a first major face and a second major face, the acoustically transparent pathway formed through an alignment of a portion of the fabric envelope and a portion of fill material, the acoustically transparent pathway allowing sound to pass through an acoustically transparent pillow at the first major face and the second major face in an acoustically transparent manner such that the sound is attenuated below a threshold. Thus, Oswald and the asserted combination are deficient. Withdrawal of the rejection and allowance are respectfully requested.
Dependent claims 4 and 5 are rejected under 35 U.S.C. 103 as being purportedly unpatentable over Leifermann in view of Oswald in further view of U.S. Patent No 3,566,871 (Richter). Applicant respectfully traverses the rejection for at least the following reasons. Claims 4 and 5 depend from an independent claim that is patentable for at least the reasons discussed above. Therefore, these claims are allowable at least for this reason in addition to the additional features that these claims recite. Withdrawal of the rejection and allowance are respectfully requested.
Examiner's Response to Arguments:
The examiner respectfully disagrees to the Applicant’s Arguments for the following reasons:
1) Regrading claims 1, 12 & 17 the examiner relies on the teachings of Leifermann as modified by Oswald to form the basis of the 103. Leifermann teaches a fabric envelope that may be formed by netting and therefore may be considered acoustically transparent The examiner maintains that while Leifermann may not explicitly teach wherein the fill material attenuates sound waves passing through the fill material below a threshold; Oswald teaches fill material attenuating sound below a certain threshold. The examiner further maintains that one of ordinary skill in the art would have been motivated to make such a combination to obscure or hide the appearance of the acoustic channels behind the cover layer as taught in Oswald (para [0048]).
2) Claims 3—11, 13—16 and 18—21 are rejected under 35 U.S.C. §103 as being purportedly unpatentable over Leifermann as modified as presented above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deborah T Gedeon whose telephone number is (571)272-8863. The examiner can normally be reached Mon - Fri 8:30am to 4:30pm EST.
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/D.T.G./Examiner, Art Unit 3673 03/02/2026
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673