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 Objections
Claims 3, 6, and 8 are objected to because of the following informalities:
Regarding Claim 3, please change “the short portions are made separately with long base portion” to —the short portions are made separately from the long base portion—.
Regarding Claim 6, please change “arrayed in linear” to —linearly aligned—.
Regarding Claim 8, please change “wherein the number of layers is adjustable, the adjustable means that a layer is add up or take off from a portion” to — wherein each portion is adjustable via adding a layer or removing a layer from the respective portion—
Appropriate correction is required.
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, 3-4, 6, and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fu (CN203828548).
Regarding Claim 1, Fu discloses a right pillow apparatus comprising: a long base portion (1), on top of the long base portion, a left side(4) having a short portion, a right side (5) having a short portion, wherein the long base portion can be made in multiple layers (6.1-6.3) extending across an entire length of the long base portion, and wherein each short portion can be made in multiple layers (6.1-6.3 and 7) positioned on top of the multiple layers of the long base portion, the height of each portion is adjustable by adding up or taking off one or more layers (“the height adjustment layer is composed of height adjustment blocks 6.1, 6.2, 6.3, etc. The heights of the height adjustment blocks are not exactly the same. The purpose of adjusting the height is achieved by using height adjustment blocks of different heights or by increasing or decreasing the number of height adjustment blocks.” see para. [0031] and [0038] of attached English translation).
Regarding Claim 3, Fu discloses wherein the short portions are made separately with long base portion and attached on top of the long base portion while in use (“Each section is relatively independent and can be set according to the user's actual needs. Canceling any section will not affect the overall use. The basic section 1 is at the bottom of the pillow core, and the other sections are placed on top of the basic section 1.” See para. [0027] of English translation).
Regarding Claim 4, Fu discloses wherein each layer of the multiple layers are connected to an adjacent layer of the multiple layers (see Fig. 6).
Regarding Claim 6, Fu discloses a right pillow apparatus comprising: three short connected independent portions (3, 4, 5), left and right portions (4 and 5) are thick, middle portion (3) is thin, the three short portions are arrayed in linear and connected while in use (see Fig. 5).
Regarding Claim 8, Fu discloses wherein each portion can be made in multiple layers (6.1-6.3, 7), wherein each layer of the multiple layers is connected to an adjacent layer of the multiple layers, wherein the number of layers is adjustable, the adjustable means that a layer is add up or take off from a portion (“the height adjustment layer is composed of height adjustment blocks 6.1, 6.2, 6.3, etc. The heights of the height adjustment blocks are not exactly the same. The purpose of adjusting the height is achieved by using height adjustment blocks of different heights or by increasing or decreasing the number of height adjustment blocks.” see para. [0031] and [0038] of attached English translation).
Regarding Claim 9, Fu discloses a right pillow case (see Figs. 8 and 9), the shape of the right pillow case is the same as the right pillow which claimed in claim 1 or 6.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-4, 6, and 8-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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/ERIC J KURILLA/Primary Examiner, Art Unit 3619