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 .
Response to Arguments
Applicant's arguments filed 8 August 2025 have been fully considered but they are not persuasive. Applicant’s arguments against the 35 USC 102 rejections over the primary reference Rodriguez are not persuasive because Applicant has rolled up the dependent claims into the independent claims 1 and 10, so claims 1 and 10 are now rejected under 35 USC 103 (see below rejections). Applicant’s arguments over “Lack of a Multi-Layered Soft External Side with Removable Foam Layer and Sealable Opening” (Remarks p. 3) and “Dual Functionality of the Closable Opening” are not persuasive because In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “multi-layered soft side with a foam layer or a sealable opening for its removal” and “a closable opening with such dual functionality”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The Office Action dated 5/8/25 interpreted the claimed limitations under the broadest reasonable interpretation and detailed the claim mapping. Applicant can overcome the rejection by additional clarifying language that explicitly claims the “Multi-Layered Soft External Side with Removable Foam Layer and Sealable Opening” and “Dual Functionality of the Closable Opening”.
Applicant’s arguments against the combination of Rodriguez and Volle over the “G-Hook” are not persuasive. Applicant’s arguments are directed towards the deficiencies in Rodriguez (Remarks pp. 3-4) and did not make substantive arguments. As detailed above, Rodriguez still applies and thus so does the combination of Rodriguez and Volle. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 5, 7, 9-10, 14, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 7578014 B1 to Rodriguez in view of US 20200361762 A1 to Volle.
Re Claim 1, Rodriguez teaches:
A stuffable, rollable, padded pillow for travel, the pillow (at least [Abstract] “variety of pillow configurations”) comprising:
a casing including a stuffable compartment defined between a soft external side and a durable external side opposite the soft external side (at least Figs. 1-2 and [Col. 3 lines 23-31] “The pillow 1 further includes the top 2 and the bottom 14 shown in FIGS. 2 and 8, respectively. The pillow 1 also includes the pockets, flaps or pouches 4 and 16” and [Col. 6 lines 10-27] “The external or case fabric, for the pillow case 1a should be of a soft fiber and it should be washable too […] Additional fabric can be added to pockets 4 and/or 16 to wrap around the pillow and act as a protective cover”); the soft external side of the casing comprising an internal durable fabric layer and an external soft fabric layer (at least Figs. 1-2 and [Col. 3 lines 23-31] “The pillow 1 further includes the top 2 and the bottom 14 shown in FIGS. 2 and 8, respectively. The pillow 1 also includes the pockets, flaps or pouches 4 and 16” and [Col. 6 lines 10-27] “The external or case fabric, for the pillow case 1a should be of a soft fiber and it should be washable too […] Additional fabric can be added to pockets 4 and/or 16 to wrap around the pillow and act as a protective cover”) with a foam layer therebetween (at least [Col. 7 lines 16-22] “foam rubber (open or closed cell)”.), and the internal durable fabric layer includes a sealable opening configured to provide for removal of the foam layer (at least Figs. 11-13 and [Col. 4 lines 15-25] “a closing and opening devise i.e. zipper can be attached to keep cushioning material securely in the case 1a. If case 1a is open pillow cushion 1c can be easily be replaced. Another cushion or other objects i.e. clothes, towels etc. can be used in place of pillow cushion 1c”.); the durable external side includes a closable opening to provide access to the stuffable compartment (at least Figs. 1-2 and [Col. 3 lines 23-31] “The pillow 1 further includes the top 2 and the bottom 14 shown in FIGS. 2 and 8, respectively. The pillow 1 also includes the pockets, flaps or pouches 4 and 16” and [Col. 6 lines 10-27] “The external or case fabric, for the pillow case 1a should be of a soft fiber and it should be washable too […] Additional fabric can be added to pockets 4 and/or 16 to wrap around the pillow and act as a protective cover”);
and a securing feature positioned at the durable external side of the casing and configured to secure the casing in a rolled up state (at least Figs. 1-2 and [Col. 3 lines 31-36] “straps 18 and 20 include snaps or fasteners 18a-d and 20a-d, respectively”.); the securing feature comprising a strap attached to the durable external side of the casing (at least Figs. 1-2 and [Col. 3 lines 31-36] “straps 18 and 20 include snaps or fasteners 18a-d and 20a-d, respectively”.),
wherein the stuffable compartment is configured to temporarily receive articles of clothing via the closeable opening to provide loft when the casing is in an unrolled state (at least [Col. 8 lines 5-10] “Clothes or other pliable material found in a luggage/backpack can be stuffed inside the case 1a, taking the place of the pillow cushion 1c”.); and
wherein the closeable opening also provides access to sealable opening on the internal durable fabric layer for removal and re-installation of the foam layer (at least Figs. 1-2 and [Col. 3 lines 23-31] “The pillow 1 further includes the top 2 and the bottom 14 shown in FIGS. 2 and 8, respectively. The pillow 1 also includes the pockets, flaps or pouches 4 and 16” and [Col. 6 lines 10-27] “The external or case fabric, for the pillow case 1a should be of a soft fiber and it should be washable too […] Additional fabric can be added to pockets 4 and/or 16 to wrap around the pillow and act as a protective cover”).
Rodriguez does not explicitly teach:
and the strap includes a G-hook and comprises webbing with a plurality of G-hook slots configured to receive the G-hook to secure the casing in the rolled up state.
However, Volle teaches:
and the strap includes a G-hook and comprises webbing with a plurality of G-hook slots configured to receive the G-hook to secure the casing in the rolled up state (at least Fig. 2 and [0090] “g-hook 104”.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pillow taught by Rodriguez with the G-hook taught by Volle with a reasonable expectation of success and predictable results to arrive at a pillow with G-hooks. A person having ordinary skill in the art would have been motivated to do so because it is a convenient attachment method.
Re Claim 5, the combination of Rodriguez and Volle teaches:
The pillow according to claim 1 (detailed with respect to claim 1).
Rodriguez further teaches:
wherein the foam layer comprises a memory foam layer (at least [Col. 7 lines 16-22] “foam rubber (open or closed cell)”.).
Re Claim 7, the combination of Rodriguez and Volle teaches:
The pillow according to claim 1 (detailed with respect to claim 1).
Rodriguez further teaches:
wherein the sealable opening includes hook-and-loop fasteners (at least [Col. 4 lines 61-67] “pieces of Velcro (trademarked)”).
Re Claim 9, the combination of Rodriguez and Volle teaches:
The pillow according to claim 1 (detailed with respect to claim 1).
Rodriguez further teaches:
wherein the durable external side comprises a water resistant fabric (at least [Col. 7 lines 46-55] “fabric should be of a thin water resistant type”).
Re Claim 10, Rodriguez teaches:
A method of making a stuffable, rollable, padded pillow for travel (at least [Abstract] “variety of pillow configurations”), the method comprising:
forming a casing including a stuffable compartment defined between a soft external side and a durable external side opposite the soft external side (at least Figs. 1-2 and [Col. 3 lines 23-31] “The pillow 1 further includes the top 2 and the bottom 14 shown in FIGS. 2 and 8, respectively. The pillow 1 also includes the pockets, flaps or pouches 4 and 16” and [Col. 6 lines 10-27] “The external or case fabric, for the pillow case 1a should be of a soft fiber and it should be washable too […] Additional fabric can be added to pockets 4 and/or 16 to wrap around the pillow and act as a protective cover”);
the soft external side of the casing comprising an internal durable fabric layer and an external soft fabric layer (at least Figs. 1-2 and [Col. 3 lines 23-31] “The pillow 1 further includes the top 2 and the bottom 14 shown in FIGS. 2 and 8, respectively. The pillow 1 also includes the pockets, flaps or pouches 4 and 16” and [Col. 6 lines 10-27] “The external or case fabric, for the pillow case 1a should be of a soft fiber and it should be washable too […] Additional fabric can be added to pockets 4 and/or 16 to wrap around the pillow and act as a protective cover”) with a foam layer therebetween (at least [Col. 7 lines 16-22] “foam rubber (open or closed cell)”.), and the internal durable fabric layer includes a sealable opening configured to provide for removal of the foam layer (at least Figs. 11-13 and [Col. 4 lines 15-25] “a closing and opening devise i.e. zipper can be attached to keep cushioning material securely in the case 1a. If case 1a is open pillow cushion 1c can be easily be replaced. Another cushion or other objects i.e. clothes, towels etc. can be used in place of pillow cushion 1c”.); the durable external side includes a closable opening to provide access to the stuffable compartment (at least Figs. 1-2 and [Col. 3 lines 23-31] “The pillow 1 further includes the top 2 and the bottom 14 shown in FIGS. 2 and 8, respectively. The pillow 1 also includes the pockets, flaps or pouches 4 and 16” and [Col. 6 lines 10-27] “The external or case fabric, for the pillow case 1a should be of a soft fiber and it should be washable too […] Additional fabric can be added to pockets 4 and/or 16 to wrap around the pillow and act as a protective cover”);
and positioning a securing feature at the durable external side of the casing and configured to secure the casing in a rolled up state (at least Figs. 1-2 and [Col. 3 lines 31-36] “straps 18 and 20 include snaps or fasteners 18a-d and 20a-d, respectively”.); the securing feature comprising a strap attached to the durable external side of the casing (at least Figs. 1-2 and [Col. 3 lines 31-36] “straps 18 and 20 include snaps or fasteners 18a-d and 20a-d, respectively”.),
wherein the stuffable compartment is configured to temporarily receive articles of clothing via the closeable opening to provide loft when the casing is in an unrolled state (at least [Col. 8 lines 5-10] “Clothes or other pliable material found in a luggage/backpack can be stuffed inside the case 1a, taking the place of the pillow cushion 1c”.), and wherein the closeable opening also provides access to sealable opening on the internal durable fabric layer for removal and re-installation of the foam layer (at least Figs. 1-2 and [Col. 3 lines 23-31] “The pillow 1 further includes the top 2 and the bottom 14 shown in FIGS. 2 and 8, respectively. The pillow 1 also includes the pockets, flaps or pouches 4 and 16” and [Col. 6 lines 10-27] “The external or case fabric, for the pillow case 1a should be of a soft fiber and it should be washable too […] Additional fabric can be added to pockets 4 and/or 16 to wrap around the pillow and act as a protective cover”).
Rodriguez does not explicitly teach:
and the strap includes a G-hook and comprises webbing with a plurality of G-hook slots configured to receive the G-hook to secure the casing in the rolled up state.
However, Volle teaches:
and the strap includes a G-hook and comprises webbing with a plurality of G-hook slots configured to receive the G-hook to secure the casing in the rolled up state (at least Fig. 2 and [0090] “g-hook 104”.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pillow taught by Rodriguez with the G-hook taught by Volle with a reasonable expectation of success and predictable results to arrive at a pillow with G-hooks. A person having ordinary skill in the art would have been motivated to do so because it is a convenient attachment method.
Re Claim 14, the combination of Rodriguez and Volle teaches:
The method according to claim 10 (detailed with respect to claim 10).
Rodriguez further teaches:
wherein the foam layer comprises a memory foam layer (at least [Col. 7 lines 16-22] “foam rubber (open or closed cell)”.).
Re Claim 16, the combination of Rodriguez and Volle teaches:
The method according to claim 10 (detailed with respect to claim 10).
Rodriguez further teaches:
wherein the sealable opening includes hook-and-loop fasteners (at least [Col. 4 lines 61-67] “pieces of Velcro (trademarked)”).
Re Claim 18, the combination of Rodriguez and Volle teaches:
The method according to claim 10 (detailed with respect to claim 10).
Rodriguez further teaches:
wherein the durable external side comprises a water resistant fabric (at least [Col. 7 lines 46-55] “fabric should be of a thin water resistant type”).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE SUN whose telephone number is (571)270-7221. The examiner can normally be reached M-F 7:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE SUN/Primary Examiner, Art Unit 3673