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 .
Claims 1 and 3-6 are pending in this application.
Response to Arguments
Applicant's arguments with respect to the rejection of claims under 35 USC §103 filed 08/08/02025 have been fully considered but they are not persuasive.
Applicant argues Lee does not teach the engaging mechanisms are provided at two sides of the cushion cover in a vertical direction since Lee discloses that the first end 30 of the eye mask portion 25 is made insertable into the pillow portion 15.
Examiner disagrees with Applicant that Lee does not teach this feature because Examiner does not construe the term “sides” as narrowly as Applicant. The term “sides” or “side” is broadly interpreted. Merriam Webster dictionary, via https://www.merriam-webster.com/dictionary/side, defines “side” as “one of the halved of [a] body on either side of the medial plane.” In another definition, “side” is defined as “a place, space, or direction with respect to a center or to a line of division.”
In the present case, Lee clearly provides that the engaging mechanisms are provided at a place, space, or direction with respect to a center or to a line of division (see annotated fig. 5 below).
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Therefore, Lee is interpreted as providing the engaging mechanisms (fasteners) are provided at two sides of the cushion cover (“Fig. 5 of Lee also illustrates the detachable sides of the eye mask portions also comprise the shaded hatching marks, which indicated fasteners”).
Applicant’s arguments with respect to Milton not teaching “the pillow is configured to be connected to a seat headrest through assembly parts” is not persuasive because these arguments are not commensurate with the rejection. As previously, and presently, presented, the first embodiment of Lee (fig. 5) is modified by a separate embodiment of Lee (figs. 6-7) to comprise additional band-like straps having a female buckle component and a male buckle component for purposes of “wrap[ping] around the back of a chair,” (see paras 0040-0041 of Lee). Milton is not provided for teaching this argued feature because at the two sides of the cushion cover of the modified Lee above already teach these features. Milton is only provided as a teaching to specifically provide the hook and loop fasteners of the modified Lee with a width or a thickness in the vertical direction to ensure a secure fit between the eye mask and the pillow.
For the foregoing reasons, the rejection is maintained.
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.
Claims 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over US 2013/0312192 A1 to Lee in view of US 2008/0216244 A1 to Minton.
For claim 1, Lee discloses an auxiliary device (pillow device, abstract) for sleeping on a seat (para 0002), comprising a pillow (15), an eye mask (25) and, the eye mask is arranged on a side, and configured to be away from the seat headrest, of the pillow (see fig. 1 and para 0032 providing the first ends (30) of the eye mask are attached to the sides of the pillow (15)); the eye mask and the pillow are detachably connected (ends 30 are “detachably attached” to the pillow portion 15, para 0032) through engaging mechanisms (hook and pile fastening device or snap on tacks of Lee (para 0006 of Lee); and the eye mask and the pillow are encircled to form a ring configured to be used for sleeving a head of the human body (see fig. 5 below wherein the eye mask and the pillow are configured to form an encircling ring configured for sleeving the head of the human body); wherein the pillow comprises a cushion cover (head support 40 and outer surface of 15) and a cushion core (pillow cushion 20) filled in the cushion cover (see fig. 1 wherein the pillow cushion 20 is filled in the outer surface of 15 and beneath the head support 40); wherein the engaging mechanisms are hook-and-loop fasteners or buttons (para 0006).
The above embodiment of Lee does not specifically disclose wherein the auxiliary device comprises assembly parts; wherein the pillow is connected to a seat headrest through the assembly parts; and wherein the engaging mechanisms are provided at two sides of the cushion cover in a vertical direction.
However, with respect to the assembly parts, Lee teaches in a separate embodiment the pillow device may have additional band-like straps (100) that are configured to bind to back of a chair by a buckle having a female component and a male component (see paras 0040-0041, fig. 6 and annotated fig. 7 of Lee below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the first embodiment of Lee would be modified to comprise additional band-like straps having a female buckle component and a male buckle component for purposes of “wrap[ping] around the back of a chair,” as taught by Lee (see paras 0040-0041, fig. 6 and annotated fig. 7 of Lee above).
With respect to the orientation of the engaging mechanisms, it is noted that Lee teaches: “The fastening devices used to detachably attach either the first end or the second end of the eye mask portion may be one of varieties of fastening devices available. One example may be a hook and pile fastening device, snap on tacks, magnets, buttons & eyelets, and even tie straps. The inventor believes a use of hook and pile fastening device works the best, but any available means may be used. These removably attaching devices, the fastening devices, should be located near the second end. However, for convenience of use to fit many different sized heads and also for varying the tightness of the eye mask portion around the head, it is preferable that fastening means, such as hook and pile straps, may run along a substantial length of the eye mask portion.” (Para 0006). Further, Lee teaches the shaded hatching marks (elements 45 for example in figs. 1-3) represent the fastening devices (hook and pile fasteners, for example, paras 0006 and 0033). Fig. 5 of Lee also illustrates the detachable sides of the eye mask portions also comprise the shaded hatching marks, which indicated fasteners (See annotated fig. 5 below).
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Therefore, the illustrated fasteners (analogous to the claimed “engaging mechanisms”) comprise a horizontal displacement, and one skilled in the art would understand there would inherently also be a least some vertical displacement, or width, of the fasteners along the end to ensure the system does not disengage or come apart in an unwanted fashion.
Nonetheless, attention is directed to Minton teaching an analogous sleep pillow that wraps around a user's head (abstract of Minton). Specifically, Minton teaches the pillow covering uses stripes of vertically displaced hook and loop fasteners (40 and 42) for attaching other pillow components in a secure manner (para 0033 and figs 1-2 of Minton). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Lee would be further modified wherein the illustrated fasteners (analogous to the claimed “engaging mechanisms”) would be modified to comprise a width or a thickness in the vertical direction to ensure a secure fit between the eye mask and the pillow, such that the system does not disengage or come apart in an unwanted fashion, and so that different sized heads can fit inside of the pillow, as taught by Lee (para 0006 of Lee).
It is further noted that claim limitations including, but not limited to: “configured to be used for sleeving a head of the human body,” have been fully considered and are being interpreted as statements of intended use. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (See MPEP 2114(II)). Examiner notes italicized limitations in the prior art rejection are functional and do not positively recite a structural limitation, but instead require an ability to so perform. Since Lee discloses the eye mask and the pillow are configured to form and encircling ring, there would be a reasonable expectation for the pillow device of Lee to perform the claimed intended use of sleeving the head of the human body.
For claim 4, the modified Lee teaches the auxiliary device for sleeping on a seat according to claim 1, wherein the cushion core (12) is one of a cotton core, a foam filling core and an inflatable bag (air inflatable bag, para 0007).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Minton as applied to claim 1 above, and further in view of US 2005/0179300 A1 to O’Connor.
For claim 3, the modified Lee teaches the auxiliary device for sleeping on a seat according to claim 1, but does not specifically disclose wherein the cushion cover is one of a woven fabric cover, a leather cover and a silicone cover.
However, attention is directed to O’Connor teaching an analogous head rest device (abstract of O’Connor). Specifically, O’Connor teaches the head rest (10) also comprises an analogous cover (46), and wherein the cover comprises leather for enhancing comfort and facilitating cleaning of the headrest (para 0063 of O’Connor). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Lee would be modified wherein the cushion cover is a leather cover for purposes of enhancing comfort and facilitating cleaning of the headrest, as taught by O’Connor (para 0063 of O’Connor).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Minton as applied to claim 1 above, and further in view of US 6,435,617 B1 to McNair.
For claim 5, the modified Lee teaches the auxiliary device for sleeping on a seat according to claim 1, the assembly parts comprise binding bands (strap 100) and a connecting buckle, the connecting buckle comprises a female buckle and a male buckle, one end of each of the two binding bands is fixedly connected with the pillow, and another end of each of the two binding bands is respectively connected with the female buckle and the male buckle (see discussion for claim 1 above wherein the modified Lee comprises band-like straps attached to the pillow device and having a female buckle component and a male buckle component for purposes of providing a means for wrapping the pillow device around the back of a chair).
The modified Lee does not specifically disclose wherein the binding bands are two binding bands.
However, attention is directed to McNair teaching an analogous head and neck rest device (abstract of McNair). Specifically, McNair teaches the head and neck rest device comprises two sets of straps (34, 40, 76, and 78) arranged on a rear of the head and neck rest (70) for purposes of attaching the head and neck rest device to vehicle seats having retracting headrests and for additional secernment to said vehicle seats (col. 3, lines 39-56 of McNair). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Lee would be further modified the binding bands are two binding bands for purposes of attaching the head and neck rest device to vehicle seats having retracting headrests and for additional secernment to said vehicle seats, as taught by McNair (col. 3, lines 39-56 of McNair).
For claim 6, the modified Lee teaches the auxiliary device for sleeping on a seat according to claim 5, wherein the female buckle and the male buckle are detachably buckled and connected (see fig. 6 and 7 wherein the female and male buckle components are detachably buckled and connected).
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 ERICK I LOPEZ whose telephone number is (571)272-3262. The examiner can normally be reached Monday - Friday: 9:00am - 5:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at (571) 272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERICK I LOPEZ/Examiner, Art Unit 3732
/KHOA D HUYNH/Supervisory Patent Examiner, Art Unit 3732