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
35 USC 103
Applicant’s arguments, see pp. 6-7, filed 14 August 2026, with respect to the rejection(s) of claim(s) 1-5 and 7-24 under 35 USC 103 over the combination of Komuro and Pearce not teaching the amended limitation “defining a continuous open passage” have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 20130098364 A1 to Davis.
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, 11-21, and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5193236 to Komuro in view of US 20210127865 A1 to Pearce and further in view of US 20130098364 A1 to Davis.
Re Claim 1, Komuro teaches:
A pillow (at least [Abstract] “pillow”), comprising:
a foam cushion including a top surface, a bottom surface, and an outer periphery (at least Figs. 1-6 and [Col. 2 lines 6-15] “a pillow body 1 is made of a foamed synthetic resin, for example, foamed crosslinked polyethylene or the like”);
and a plurality of vents, each of the plurality of vents from an opening at the top surface to an opening at the bottom surface (at least Figs. 3-6 element 7 and [Col. 2 lines 25-40] ‘A large number of vent holes 7 and 8 are distributedly formed so as to communicate the outside of the upper-half and lower-half pillow bodies 2 and 5 with the hollow portion 6. That is, the vent holes 7 are formed in each of the upper-half pillow body 2 and the lower-half pillow body 5, and the vent holes 8 are formed at the abutting interface of the upper-half pillow body 2 with the lower-half pillow body 5”), the plurality of vents including central vents through a central region of the foam cushion and having a central density that exceeds a peripheral density of peripheral vents through peripheral regions of the foam cushion (at least Fig. 5 teaches the vents 7 being more dense in the center compared to the periphery.).
Komuro does not explicitly teach:
defining a continuous open passage, and a cushioning grid comprising a plurality of interconnected walls that define an array of voids, wherein the cushioning grid is positioned over the foam cushion such that at least one vent of the plurality of vents is in communication with at least one void of the array of voids.
However, Pearce teaches:
and a cushioning grid comprising a plurality of interconnected walls that define an array of voids, wherein the cushioning grid is positioned over the foam cushion such that at least one vent of the plurality of vents is in communication with at least one void of the array of voids (at least Figs. 2 and 7-9, apertures 144 within triangular voids formed by walls 124 and [0053] “the deformable wall members 124 in the first portion 134 (FIG. 9) are located and configured to define a first set of triangular voids 126 therebetween” and [0057] “Apertures 144 may extend through the stabilizing layer 140 of the gelatinous elastomer so as to allow air flow through the stabilizing layer 140 between voids 126 on opposing sides of the stabilizing layer 140”).
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 Komuro with the grid taught by Pearce with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so “such that the pillow cushion 102 exhibits a single-stage buckling property” (Pearce [0052]).
The combination of Komuro and Pearce does not explicitly teach:
defining a continuous open passage.
However, Davis teaches:
defining a continuous open passage (at least Figs. 2A-3B and [0025] “the apertures 26 extend through the first member 20 and the second member 22 of the pillow 10 such that air flow therethrough as illustrated by the arrows 28”).
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 the combination of Komuro and Pearce with the apertures extending through as taught by Davis with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because “The apertures 26 enable air to flow into and, where the apertures extend through the first member 20 and/or second member 22 of the pillow 10, through the first member 20 and/or second member 22 of the pillow 10 to thereby ventilate the pillow with cool air” (Davis [0025]).
Re Claim 2, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 1 (detailed with respect to claim 1).
Komuro further teaches:
wherein the foam cushion comprises a slow rebound foam (at least Figs. 1-6 and [Col. 2 lines 6-15] “a pillow body 1 is made of a foamed synthetic resin, for example, foamed crosslinked polyethylene or the like”).
Re Claim 3, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 1 (detailed with respect to claim 1).
Komuro further teaches:
wherein the plurality of vents includes transitional vents between the central vents and the peripheral vents (at least Fig. 7, the vents between the central and peripheral vents).
Re Claim 4, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 3 (detailed with respect to claim 3).
Komuro further teaches:
wherein the transitional vents have a transitional density between the central density and the peripheral density (at least Fig. 7, the vents between the central and peripheral vents).
Re Claim 5, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 4 (detailed with respect to claim 4).
Komuro further teaches:
wherein the transitional vents are arranged to provide a graded transition between the central density of the central vents and the peripheral density of the peripheral vents (at least Fig. 7, the vents between the central and peripheral vents).
Re Claim 7, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 1 (detailed with respect to claim 1).
Pearce further teaches:
wherein the cushioning grid is positioned over an entirety of the top surface of the foam cushion (at least Figs. 2-5).
Re Claim 11, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 1 (detailed with respect to claim 1).
Pearce further teaches:
wherein the cushioning grid is secured to the top surface of the foam cushion (at least Figs 2-5).
Re Claim 12, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 1 (detailed with respect to claim 1).
Komuro further teaches:
further comprising: a cover that opens along a length of the pillow positionable over the foam cushion (at least Fig. 1 element 10 and [Col. 2 lines 40-50] “a cover material 10 (refer to FIGS. 1 and 2), such as cloth or the like”.).
Re Claim 13, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 12 (detailed with respect to claim 12).
Komuro further teaches:
further comprising: at least one removable booster positionable beneath the bottom surface of the foam cushion (at least Figs. 1-5 and [Col. 2 lines 15-25] “lower-half pillow body 5”).
Re Claim 14, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 13 (detailed with respect to claim 13).
Komuro further teaches:
wherein the cover is stretchable (at least Figs. 1-5 and [Col. 2 lines 15-25] “lower-half pillow body 5”).
Re Claim 15, Komuro teaches:
A pillow (at least [Abstract] “pillow”), comprising:
a foam cushion including a top surface, a bottom surface, and an outer periphery (at least Figs. 1-6 and [Col. 2 lines 6-15] “a pillow body 1 is made of a foamed synthetic resin, for example, foamed crosslinked polyethylene or the like”);
a plurality of vents from an opening at the top surface to an opening at the bottom surface (at least Figs. 3-6 element 7 and [Col. 2 lines 25-40] ‘A large number of vent holes 7 and 8 are distributedly formed so as to communicate the outside of the upper-half and lower-half pillow bodies 2 and 5 with the hollow portion 6. That is, the vent holes 7 are formed in each of the upper-half pillow body 2 and the lower-half pillow body 5, and the vent holes 8 are formed at the abutting interface of the upper-half pillow body 2 with the lower-half pillow body 5”),
the plurality of vents including central vents through a central region of the foam cushion and having a central density that exceeds a peripheral density of peripheral vents through peripheral regions of the foam cushion (at least Fig. 5 teaches the vents 7 being more dense in the center compared to the periphery.);
a cover that opens along a length of the pillow positionable over the foam cushion and the cushioning grid(at least Fig. 1 element 10 and [Col. 2 lines 40-50] “a cover material 10 (refer to FIGS. 1 and 2), such as cloth or the like”.); and at least one removable booster positionable beneath the bottom surface of the foam cushion (at least Figs. 1-5 and [Col. 2 lines 15-25] “lower-half pillow body 5”).
Komuro does not explicitly teach:
each of the plurality of vents defining a continuous open passage,
a cushioning grid comprising a plurality of interconnected walls that define an array of voids, wherein the cushioning grid is positionable over the foam cushion such that at least one vent of the plurality of vents is in communication with at least one void of the array of voids.
However, Pearce teaches:
a cushioning grid comprising a plurality of interconnected walls that define an array of voids, wherein the cushioning grid is positionable over the foam cushion such that at least one vent of the plurality of vents is in communication with at least one void of the array of voids (at least Figs. 2 and 7-9, apertures 144 within triangular voids formed by walls 124 and [0053] “the deformable wall members 124 in the first portion 134 (FIG. 9) are located and configured to define a first set of triangular voids 126 therebetween” and [0057] “Apertures 144 may extend through the stabilizing layer 140 of the gelatinous elastomer so as to allow air flow through the stabilizing layer 140 between voids 126 on opposing sides of the stabilizing layer 140”).
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 Komuro with the grid taught by Pearce with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so “such that the pillow cushion 102 exhibits a single-stage buckling property” (Pearce [0052]).
The combination of Komuro and Pearce does not explicitly teach:
each of the plurality of vents defining a continuous open passage.
However, Davis teaches:
each of the plurality of vents defining a continuous open passage (at least Figs. 2A-3B and [0025] “the apertures 26 extend through the first member 20 and the second member 22 of the pillow 10 such that air flow therethrough as illustrated by the arrows 28”).
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 the combination of Komuro and Pearce with the apertures extending through as taught by Davis with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because “The apertures 26 enable air to flow into and, where the apertures extend through the first member 20 and/or second member 22 of the pillow 10, through the first member 20 and/or second member 22 of the pillow 10 to thereby ventilate the pillow with cool air” (Davis [0025]).
Re Claim 16, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 15 (detailed with respect to claim 15).
Komuro further teaches:
wherein the foam cushion comprises a slow rebound foam (at least Figs. 1-6 and [Col. 2 lines 6-15] “a pillow body 1 is made of a foamed synthetic resin, for example, foamed crosslinked polyethylene or the like”).
Re Claim 17, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 15 (detailed with respect to claim 15).
Pearce further teaches:
wherein the cushioning grid is positionable over the top surface of the foam cushion (at least Figs. 2-5).
Re Claim 18, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 17 (detailed with respect to claim 17).
Pearce further teaches:
wherein the cushioning grid includes a center and an outer periphery, with the center being thicker than the outer periphery (at least Fig. 5 center is thicker than left and right edges).
Re Claim 19, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 15 (detailed with respect to claim 15).
Komuro further teaches:
wherein the top surface of the foam cushion is contoured (at least Figs. 1-3).
Re Claim 20, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 19 (detailed with respect to claim 19).
Komuro further teaches:
wherein the bottom surface of the foam cushion is substantially flat (at least Fig. 6).
Re Claim 21, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 20 (detailed with respect to claim 20).
Komuro further teaches:
wherein the center of the foam cushion is thicker than the outer periphery of the foam cushion (at least Figs. 1-3).
Re Claim 23, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 15 (detailed with respect to claim 15).
Komuro further teaches:
wherein the at least one booster is covered with a fabric that facilitates introduction of the at least one removable booster into the cover, beneath the bottom surface of the foam cushion and removal of the at least one removable booster from beneath the bottom surface of the foam cushion and from the cover (at least Fig. 1 element 10 and [Col. 2 lines 40-50] “a cover material 10 (refer to FIGS. 1 and 2), such as cloth or the like”.).
Re Claim 24, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 15 (detailed with respect to claim 15).
Komuro further teaches:
wherein the cover is stretchable to enable it to form fit to the foam cushion and any removable boosters positioned beneath the bottom surface of the foam cushion (at least Fig. 1 element 10 and [Col. 2 lines 40-50] “a cover material 10 (refer to FIGS. 1 and 2), such as cloth or the like”.).
Claim(s) 8-10 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komuro in view of Pearce and Davis and further in view of US 20210345797 A1 to Sun.
Re Claim 8, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 1 (detailed with respect to claim 1).
The combination of Komuro, Pearce, and Davis does not explicitly teach:
further comprising: a scrim fabric beneath the cushioning grid, a material of the cushioning grid impregnating the scrim fabric.
However, Sun teaches:
further comprising: a scrim fabric beneath the cushioning grid (at least [0023] “covered with a thermoplastic polyurethane (TPU) film 15 between the flexible gel layer 12 and the memory foam layer 14”), a material of the cushioning grid impregnating the scrim fabric (at least [0005] “the flexible gel layer comprises a polyurethane”. In other words, since both the cushioning grid and the scrim fabric are made of polyurethane, the polyurethane material of the cushioning grid is also impregnating the scrim fabric.).
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 the combination of Komuro, Pearce, and Davis with extending the grid across the entire surface as taught by Sun with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it “has (a) a delicate and soft hand, (b) is clear and transparent, (c) provides good cooling characteristics, (d) has relatively high toughness, and (e) is suitable for processing high-quality bedding products, such as memory foam pillows having a cooling effect on the user” (Sun [0027]).
Re Claim 9, the combination of Komuro, Pearce, Davis, and Sun teaches:
The pillow of claim 8 (detailed with respect to claim 8).
Sun further teaches:
wherein portions of the scrim fabric extend beyond an outer periphery of the cushioning grid to provide a waterfall that extends over the outer periphery of the foam cushion (at least Fig. 1 element 15 and [0023] “covered with a thermoplastic polyurethane (TPU) film 15 between the flexible gel layer 12 and the memory foam layer 14”).
Re Claim 10, the combination of Komuro, Pearce, Davis, and Sun teaches:
The pillow of claim 9 (detailed with respect to claim 9).
Sun further teaches:
further comprising: a base scrim beneath the bottom surface of the foam cushion, outer edges of the base scrim being secured to outer edges of the scrim fabric to secure the cushioning grid in place over the foam cushion (at least Fig. 1 element 15 and [0023] “covered with a thermoplastic polyurethane (TPU) film 15 between the flexible gel layer 12 and the memory foam layer 14”).
Re Claim 22, the combination of Komuro, Pearce, and Davis teaches:
The pillow of claim 15 (detailed with respect to claim 15).
The combination of Komuro, Pearce, and Davis does not explicitly teach:
wherein the cover opens along a length thereof to facilitate introduction of the at least one removable booster therein and removal of the at least one removable booster therefrom.
However, Sun teaches:
wherein the cover opens along a length thereof to facilitate introduction of the at least one removable booster therein and removal of the at least one removable booster therefrom (at least Figs. 3-4 and [0025] “A zipper 38 may be provided on one end 34a or 34b for access to the interior of the textile covering 30a/30b”).
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 the combination of Komuro, Pearce, and Davis with the zipper as taught by Sun with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it allows washing the components of the pillow for hygiene.
Conclusion
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
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