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 .
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 12-16, 19-21, and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5193236 to Komuro.
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 extending directly through the foam cushion, opening to both the top surface and 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.).
Re Claim 2, Komuro teaches:
The pillow of claim 1, 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, Komuro teaches:
The pillow of claim 1, 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, Komuro teaches:
The pillow of claim 3, 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, Komuro teaches:
The pillow of claim 4, 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 12, Komuro teaches:
The pillow of claim 1, 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, Komuro teaches:
The pillow of claim 12, 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, Komuro teaches:
The pillow of claim 13, 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 extending directly through the foam cushion, opening to both the top surface and 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 (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”).
Re Claim 16, Komuro teaches:
The pillow of claim 15, 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 19, Komuro teaches:
The pillow of claim 15, wherein the top surface of the foam cushion is contoured (at least Figs. 1-3).
Re Claim 20, Komuro teaches:
The pillow of claim 19, wherein the bottom surface of the foam cushion is substantially flat (at least Fig. 6).
Re Claim 21, Komuro teaches:
The pillow of claim 20, 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, Komuro teaches:
The pillow of claim 15, 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, Komuro teaches:
The pillow of claim 15, 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 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) 6 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komuro in view of US 20080155753 A1 to Cretsinger.
Re Claim 6, Komuro teaches:
The pillow of claim 1 (detailed with respect to claim 1).
Komuro does not explicitly teach:
further comprising: a cushioning grid over the top surface of the foam cushion.
However, Cretsinger teaches:
further comprising: a cushioning grid over the top surface of the foam cushion (at least Fig. 1 element 120 and [0022] “various structural designs, including polygon grids, honeycombs, slotted curved openings, irregular shapes, amorphous distributions, and combinations thereof”.).
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 Cretsinger with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so “to provide substantially uniform air circulation through the adjustable pillow 102 in addition to providing structural support for receiving and supporting body parts, such as the head, neck, legs, and the like” (Cretsinger [0022]).
Re Claim 17, Komuro teaches:
The pillow of claim 15 (detailed with respect to claim 15).
Komuro does not explicitly teach:
further comprising: a cushioning grid over the top surface of the foam cushion.
However, Cretsinger teaches:
further comprising: a cushioning grid over the top surface of the foam cushion (at least Fig. 1 element 120 and [0022] “various structural designs, including polygon grids, honeycombs, slotted curved openings, irregular shapes, amorphous distributions, and combinations thereof”.).
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 Cretsinger with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so “to provide substantially uniform air circulation through the adjustable pillow 102 in addition to providing structural support for receiving and supporting body parts, such as the head, neck, legs, and the like” (Cretsinger [0022]).
Re Claim 18, the combination of Komuro and Cretsinger teaches:
The pillow of claim 17 (detailed with respect to claim 17).
Cretsinger further teaches:
wherein the cushioning grid includes a center and an outer periphery, with the center being thicker than the outer periphery (at least Figs. 1-2 where the hexagonal grid structures are the center and the quarter circle grid structures are the outer periphery, and the center is thicker than the periphery.).
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komuro in view of Cretsinger and further in view of US 20210345797 A1 to Sun.
Re Claim 7, the combination of Komuro and Cretsinger teaches:
The pillow of claim 6 (detailed with respect to claim 6).
The combination of Komuro and Cretsinger does not explicitly teach:
wherein the cushioning grid is positioned over an entirety of the top surface of the foam cushion.
However, Sun teaches:
wherein the cushioning grid is positioned over an entirety of the top surface of the foam cushion (at least Fig. 1 and [0023] “flexible gel layer 12 includes a plurality of hexagonal prism-shaped protrusions 16 over the surface thereof”).
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 Cretsinger 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 8, the combination of Komuro and Cretsinger teaches:
The pillow of claim 6 (detailed with respect to claim 6).
The combination of Komuro and Cretsinger 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 and Cretsinger 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, Cretsinger, 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, Cretsinger, 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 11, the combination of Komuro, Cretsinger, and Sun teaches:
The pillow of claim 6 (detailed with respect to claim 6).
Sun further teaches:
wherein the cushioning grid is secured to the top surface of the foam cushion (at least Fig. 1).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komuro in view of Sun.
Re Claim 22, Komuro teaches:
The pillow of claim 15 (detailed with respect to claim 6).
The combination of Komuro and Cretsinger 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 (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 Komuro 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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