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 26 November 2025 have been fully considered but they are not persuasive. Applicant argues that the claimed “character features” in independent claims 1 and 11 are directed towards brands, cartoon characters, mascots, or the like (Remarks p. 6). Applicant’s core argument is that the animal face ornamentation taught by Puente and the indicia taught by Whitcomb are different and do not reflect as the claimed first and second character features (Remarks pp. 8-9). However, by Applicant’s own definition as well as what one of ordinary skill in the art would understand, an “animal face” ornamentation as taught by Puente would fulfill the definition of “cartoon character,” “mascot,” or “brand” and Whitcomb’s “Suitable indicia include, but are not limited to, symbols, printing, text, labels, tags and colors” would fulfill the definition of “brand”. First, Applicant uses “comprising” claim language, which means the scope of the claim is not limited to the same pairing of character features (MPEP 2111.03.I “The transitional term "comprising", which is synonymous with "including," "containing," or "characterized by," is inclusive or open-ended and does not exclude additional, unrecited elements or method steps”). In other words, any combination of “cartoon character,” “mascot,” or “brand” may be chosen as the claimed first and second character features and used to teach the claim. Second, an animal face ornamentation may be a brand, and label/text may be a brand, meeting the claimed limitation. Finally, the claimed first and second character features are “given their broadest reasonable interpretation consistent with the specification” (MPEP 2111) and animal face and label/text fit within the plain meaning of “character features” (see MPEP 2111.01.I “Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the relevant time”). Thus, the claims are rejected under the combination of Peyser, Puente, and Whitcomb (detailed below).
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, 8-13, and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20170258154 A1 to Peyser in view of US 20160066632 A1 to Puente and further in view of US 20100212060 A1 to Whitcomb.
Re Claim 1, Peyser teaches:
A convertible neck pillow adapted as a pillow in a first configuration and as clothing in a second configuration (at least [Abstract] “jacket which is convertible into a neck pillow, and vice versa”), the convertible neck pillow comprising:
a U-shaped pillow body defining a hollow interior (at least Fig. 8 element 802 and [0028] “pouch 802”.);
a convertible garment having a body portion, wherein at least part of the convertible garment is attached to an interior surface of the pillow body (at least Figs. 8-9 and [0028] “pouch 802 attached to collar 108”.),
wherein, in the first configuration, the body portion is located within the hollow interior of the pillow body to form a stuffing of the convertible neck pillow (at least Figs. 9-13 and [0028] “convertible jacket 100 is placed into a corresponding portion of pouch 202 (i.e., left arm 102 is contained within left neck pillow arm 802). Such construction allows for a natural stuffing process and avoids having any one portion of neck pillow 1302 from having a higher stuffing/density than another portion of neck pillow 1302.”.),
wherein, in the second configuration, the body portion is external to the hollow interior such that the body portion is adapted to be worn by the user such that an exterior surface of the pillow body forms a surface of a wearable garment (at least Figs. 4 and 13-15 and [0025] “Pouch 202 is preferably in the shape of a neck pillow when unfolded as shown in FIG. 4. However, other shapes, such as a rectangular pillow, are also possible”);
and a fastener on the pillow body configured to close at least a portion of an opening on the pillow body configured for passing at least a portion of the convertible garment therethrough (at least Figs. 5-15 element 502 and [0026] “pouch 202 is shown opened using zipper 502 to reveal the interior of pouch 202 into which convertible jacket 100 is to be stuffed”).
Peyser does not explicitly teach:
wherein a first set of character features is imprinted on the exterior surface of the pillow body;
and wherein the first set of character features is further imprinted on the body portion of the convertible garment.
However, Puente teaches:
wherein a first set of character features is imprinted on the exterior surface of the pillow body (at least [0037] “pillow covering 120 can include ornamentation for when garment 100 is in the shape of a pillow”.).
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 convertible neck pillow taught by Peyser with the character imprint taught by Puente with a reasonable expectation of success and predictable results to arrive at a convertible neck pillow with a character imprint. A person having ordinary skill in the art would have been motivated to do so because it is aesthetically pleasing and useful to the user.
The combination of Peyser and Puente does not explicitly teach:
and wherein the first set of character features is further imprinted on the body portion of the convertible garment.
However, Whitcomb teaches:
wherein the first set of character features is further imprinted on the body portion of the convertible garment (at least [0039] “the garment may include any suitable indicia on any part thereof for instructing the giver where to massage and what technique is to be applied. Suitable indicia include, but are not limited to, symbols, printing, text, labels, tags and colors. Indicia may correspond to a key provided along with the garment. The key may include techniques, instructions, etc.”.).
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 convertible neck pillow taught by the combination of Peyser and Puente with the character imprint taught by Whitcomb with a reasonable expectation of success and predictable results to arrive at a convertible neck pillow with a character imprint. A person having ordinary skill in the art would have been motivated to do so because “the garment may include any suitable indicia on any part thereof for instructing the giver where to massage and what technique is to be applied” (Whitcomb [0039]).
Re Claim 2, the combination of Peyser, Puente, and Whitcomb teaches:
The convertible neck pillow of claim 1 (detailed with respect to claim 1).
Peyser further teaches:
wherein the fastener comprises a zipper (at least Figs. 5-15 element 502 and [0026] “pouch 202 is shown opened using zipper 502 to reveal the interior of pouch 202 into which convertible jacket 100 is to be stuffed”).
Re Claim 3, the combination of Peyser, Puente, and Whitcomb teaches:
The convertible neck pillow of claim 1 (detailed with respect to claim 1).
Whitcomb further teaches:
further comprising a hood attached to an exterior surface of the pillow body, wherein the hood is adapted to be worn by a user in at least one of the first configuration or the second configuration (at least Fig. 1).
Re Claim 4, the combination of Peyser, Puente, and Whitcomb teaches:
The convertible neck pillow of claim 1 (detailed with respect to claim 1).
Whitcomb further teaches:
wherein the convertible garment further includes a hood attached to the body portion, wherein the hood is adapted to be worn by the user in the second configuration (at least Figs. 5-6).
Re Claim 5, the combination of Peyser, Puente, and Whitcomb teaches:
The convertible neck pillow of claim 3 (detailed with respect to claim 3).
Whitcomb further teaches:
wherein the exterior surface of the pillow body includes an upper portion and a lower portion, wherein the hood is attached to the upper portion, and wherein the opening is formed on the lower portion (at least Fig. 2).
Re Claim 8, the combination of Peyser, Puente, and Whitcomb teaches:
The convertible neck pillow of claim 2 (detailed with respect to claim 2).
Whitcomb further teaches:
wherein a second set of character features is further imprinted on the body portion of the convertible garment (at least [0039] “the garment may include any suitable indicia on any part thereof for instructing the giver where to massage and what technique is to be applied. Suitable indicia include, but are not limited to, symbols, printing, text, labels, tags and colors. Indicia may correspond to a key provided along with the garment. The key may include techniques, instructions, etc.”.).
Re Claim 9, the combination of Peyser, Puente, and Whitcomb teaches:
The convertible neck pillow of claim 1 (detailed with respect to claim 1).
Peyser further teaches:
wherein the pillow body has a torus with a portion removed (at least Fig. 4 element 202).
Re Claim 10, the combination of Peyser, Puente, and Whitcomb teaches:
The convertible neck pillow of claim 1 (detailed with respect to claim 1).
Puente further teaches:
wherein the body portion comprises a sweatshirt (at least [0036] “a hooded sweatshirt”).
Re Claim 11, Peyser teaches:
A method of converting a neck pillow from a neck pillow configuration to a garment configuration (at least [Abstract] “jacket which is convertible into a neck pillow, and vice versa”) comprising:
opening an aperture to access a hollow interior of a pillow body of the convertible neck pillow (at least Figs. 8-9 and [0028] “pouch 802 attached to collar 108”.) such that the opening is formed on an exterior surface of the pillow body and a convertible garment fills a portion of the hollow interior to maintain a shape of the pillow body (at least Figs. 9-13 and [0028] “convertible jacket 100 is placed into a corresponding portion of pouch 202 (i.e., left arm 102 is contained within left neck pillow arm 802). Such construction allows for a natural stuffing process and avoids having any one portion of neck pillow 1302 from having a higher stuffing/density than another portion of neck pillow 1302.”.);
removing at least a portion of the convertible garment from within the hollow interior of the pillow body (at least Figs. 5-15 element 502 and [0026] “pouch 202 is shown opened using zipper 502 to reveal the interior of pouch 202 into which convertible jacket 100 is to be stuffed”), wherein a second portion of the convertible garment is attached to an interior surface of the pillow body (at least Figs. 4 and 13-15 and [0025] “Pouch 202 is preferably in the shape of a neck pillow when unfolded as shown in FIG. 4. However, other shapes, such as a rectangular pillow, are also possible”); and
converting a body portion of the convertible garment into a configuration where the body portion is adapted to be worn by the user (at least Figs. 1-19).
Peyser does not explicitly teach:
wherein a first set of character features is imprinted on the exterior surface of the pillow body;
and wherein the first set of character features is further imprinted on the body portion of the convertible garment.
However, Puente teaches:
wherein a first set of character features is imprinted on the exterior surface of the pillow body (at least [0037] “pillow covering 120 can include ornamentation for when garment 100 is in the shape of a pillow”.).
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 convertible neck pillow taught by Peyser with the character imprint taught by Puente with a reasonable expectation of success and predictable results to arrive at a convertible neck pillow with a character imprint. A person having ordinary skill in the art would have been motivated to do so because it is aesthetically pleasing and useful to the user.
The combination of Peyser and Puente does not explicitly teach:
and wherein the first set of character features is further imprinted on the body portion of the convertible garment.
However, Whitcomb teaches:
wherein the first set of character features is further imprinted on the body portion of the convertible garment (at least [0039] “the garment may include any suitable indicia on any part thereof for instructing the giver where to massage and what technique is to be applied. Suitable indicia include, but are not limited to, symbols, printing, text, labels, tags and colors. Indicia may correspond to a key provided along with the garment. The key may include techniques, instructions, etc.”.).
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 convertible neck pillow taught by the combination of Peyser and Puente with the character imprint taught by Whitcomb with a reasonable expectation of success and predictable results to arrive at a convertible neck pillow with a character imprint. A person having ordinary skill in the art would have been motivated to do so because “the garment may include any suitable indicia on any part thereof for instructing the giver where to massage and what technique is to be applied” (Whitcomb [0039]).
Re Claim 12, the combination of Peyser, Puente, and Whitcomb teaches:
The method of claim 11 (detailed with respect to claim 11).
Peyser further teaches:
further comprising unlocking a fastener configured to close a portion of the aperture to retain the convertible garment within the hollow interior of the pillow body (at least Figs. 5-15 element 502 and [0026] “pouch 202 is shown opened using zipper 502 to reveal the interior of pouch 202 into which convertible jacket 100 is to be stuffed”).
Re Claim 13, the combination of Peyser, Puente, and Whitcomb teaches:
The method of claim 12 (detailed with respect to claim 12).
Peyser further teaches:
wherein the fastener comprises a zipper, and wherein unlocking the attachment structure includes unzipping the zipper (at least Figs. 5-15 element 502 and [0026] “pouch 202 is shown opened using zipper 502 to reveal the interior of pouch 202 into which convertible jacket 100 is to be stuffed”).
Re Claim 15, the combination of Peyser, Puente, and Whitcomb teaches:
The method of claim 11 (detailed with respect to claim 1).
Whitcomb further teaches:
wherein a second set of character features is further imprinted on the body portion of the convertible garment (at least [0039] “the garment may include any suitable indicia on any part thereof for instructing the giver where to massage and what technique is to be applied. Suitable indicia include, but are not limited to, symbols, printing, text, labels, tags and colors. Indicia may correspond to a key provided along with the garment. The key may include techniques, instructions, etc.”.).
Re Claim 16, the combination of Peyser, Puente, and Whitcomb teaches:
The method of claim 11 (detailed with respect to claim 11).
Whitcomb further teaches:
wherein a hood is attached to the exterior surface of the pillow body and is configured to be worn by the user in both the neck pillow configuration and the garment configuration (at least Figs. 2 and 5-6).
Re Claim 17, the combination of Peyser, Puente, and Whitcomb teaches:
The method of claim 11 (detailed with respect to claim 11).
Peyser further teaches:
wherein the body portion comprises a sweatshirt (at least [0036] “a hooded sweatshirt”).
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