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 § 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 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cedric Henri Nicolas Blanc U.S. Patent Publication 2020/0077802 A1 (Blanc) in view of Richard J. Rogachevsky U.S. Patent 5,752,927 A (Rogachevsky).
Regarding claim 1, Blanc discloses a neck pillow for use in a car seat and having a remotely operated system for inflating and deflating the pillow, wherein the neck pillow is comprised of: the neck pillow that is disposed around the neck and lays on the shoulders of a child (Element 400), the neck pillow having an outer covering; a single air chamber disposed within the neck pillow, the single air chamber including an air pathway connector that enables air to pass into and out of the single air chamber ([0041]). Blanc does not directly disclose a pump. Rogachevsky discloses a system comprising; a pump that can push and pull air, wherein the pump includes a switch to activate and deactivate the pump; and a tube that is coupled at a first end to the air pathway connector and at a second end to the pump (Figure 2C).
Therefore it would have been an obvious modification well known in the art before the effective filing date of the claimed invention to modify Blanc as taught by Rogachevsky to include Rogachevsky’s pump with switch and tube to facilitate the inflation and deflation of the pillow.
Blanc in view of Rogachevsky discloses the neck pillow configured to be around the neck of the child in deflated and inflated state while around the neck with pump positioned remote from the pillow (as shown in Figure 1, Rogachevsky)
Regarding claim 2, Blanc in view of Rogachevsky discloses the neck pillow wherein the tube is further comprised of a flexible tube that enables the pump to be positioned anywhere that the flexible tube can reach (Figure 2C Element 84 is flexible with pump Element 66, Rogachevsky).
Regarding claim 3, Blanc in view of Rogachevsky discloses the neck pillow wherein the pump is further comprised of an air inlet connector and an air outlet connector, wherein the second end of the tube is connected to the air outlet connector when the pump is used to inflate the single air chamber and is connected to the air inlet connector when the pump is used to deflate the single air chamber (Element 30 quick release for deflating, Rogachevsky).
Regarding claim 4, Blanc in view of Rogachevsky discloses the neck pillow wherein the air pathway connector is further comprised of a friction fit connector to enable attachment of the first end of the tube to the single air chamber (connector not indicated with an element located between Element 72 and 28, Rogachevsky).
Regarding claim 5, Blanc in view of Rogachevsky discloses the neck pillow wherein the air inlet connector and the air outlet connector are further comprised of a friction fit connector to enable attachment of the second end of the tube to the pump (Figure 3, Element 30 comprising the element to connect, Rogachevsky).
Regarding claim 10, Blanc in view of Rogachevsky discloses the neck pillow wherein the air pathway connector is further comprised of a manual valve that is used to open or shut access to the single air chamber (Element 30, Rogachevsky).
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cedric Henri Nicolas Blanc U.S. Patent Publication 2020/0077802 A1 (Blanc) in view of Richard J. Rogachevsky U.S. Patent 5,752,927 A (Rogachevsky) in view of Eric Gormeley et al. U.S. Patent 11,432,653 B1 (Gormeley).
Regarding claim 6, Blanc in view of Rogachevsky discloses the neck pillow discloses an inflatable pillow with a pump (Rogachevsky). Blanc in view of Rogachevsky does not directly disclose the pump to be an electric pump. Gormeley discloses an inflatable neck pillow with a pump wherein the wherein the pump is further comprised of an electric pump (Column 4 Lines 62-67).
Therefore it would have been an obvious modification well known in the art before the effective filing date of the claimed invention to modify Blanc in view of Rogachevsky as taught by Gormeley to include Gormeley’s electric pump. Such a modification would provide a means to inflate the device with a different type of pump integrated into the system.
Regarding claim 7, Blanc in view of Rogachevsky in view of Gormeley discloses the neck pillow wherein the pump is further comprised of a manual pumping device including a flexible bulb and a valve that may be used to select inflating or deflating of the neck pillow (Column 4 Lines 62-67, Gormeley).
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cedric Henri Nicolas Blanc U.S. Patent Publication 2020/0077802 A1 (Blanc) in view of Richard J. Rogachevsky U.S. Patent 5,752,927 A (Rogachevsky) in view of Eric Gormeley et al. U.S. Patent 11,432,653 B1 (Gormeley) in view of Solaiman B. Alkahattaf U.S. Patent 8,632,478 B2 (Alkahattaf).
Regarding claims 8 and 9, Blanc in view of Rogachevsky in view of Gormeley discloses the neck pillow comprising a pump. Blanc in view of Rogachevsky in view of Gormeley does not directly disclose the pump to comprise a timer. Alkahattaf discloses an inflatable pillow wherein the pump is further comprised of a timer that is activated when the pump is activated, wherein the timer enables the pump to be operated for a specific amount of time that is sufficient to inflate or deflate the neck pillow; wherein the pump is further comprised of a switch that enables or disables use of the timer (Claim 1).
Therefore it would have been an obvious modification well known in the art before the effective filing date of the claimed invention to modify Blanc in view of Rogachevsky in view of Gormeley as taught by Alkahattaf to include Alkahattaf’s pump with a timer. Such a modification would provide a means to inflate the pillow for a predetermined time.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richard J. Rogachevsky U.S. Patent 5,752,927 A (Rogachevsky) in view of Edawrd S. Wright et al. U.S. Patent 4,922,893 A (Wright).
Regarding claim 11, Rogachevsky discloses a neck pillow for use in a car seat and having a remotely operated system for inflating and deflating the pillow, wherein the neck pillow is comprised of: the neck pillow (Element 12) that is disposed around the neck and lays on the shoulders of a child, the neck pillow having an outer covering; two air chambers disposed within the neck pillow, the two air chambers each having its own air pathway connector that enables air to pass into and out of the two air chambers; a pump (Element 72)that can push and pull air, wherein the pump includes a switch to activate and deactivate the pump; and two tubes coupled to the two air chambers, wherein each tube is coupled at a first end to the air pathway connector and at a second end to the pump (Figure 3 Element 58 and 60, tubes, Column 5 Lines 26-34). Rogachevsky does not disclose the two tubes to be coupled with the pump without a shunt valve. Wright discloses a neck pillow with a pillow wherein two tubes are directly coupled between the pump and air chambers without an intermediate shut valve, and wherein the neck pillow is configured to be disposed around the neck of the child in a deflated state and subsequently inflated, while remaining around the neck of the child, by operation of the pump positioned remote from the neck pillow (Figure 1 and 2 Element 38 and 40 between the pump Element 18 and 10).
Therefore it would have been an obvious modification well known in the art before the effective filing date of the claimed invention to modify Rogachevsky as taught by Wright to include Wright’s alternative arrangement of parts including a air flow element consisting of two tubes. Such a modification would provide a means to distribute air from an air source to the inflatable element with a simpler arrangement of parts.
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) 12-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Richard J. Rogachevsky U.S. Patent 5,752,927 A (Rogachevsky).
Regarding claim 12, Rogachevsky discloses a method for remotely inflating and deflating a neck pillow that provides support for a child in a car seat, wherein the method comprises: providing the neck pillow having an outer covering, a single air chamber disposed within the outer covering of the neck pillow, the single air chamber including an air pathway connector that enables air to pass into and out of the single air chamber, providing a pump that can push and pull air, wherein the pump includes a switch to activate and deactivate the pump, and providing a tube that is coupled at a first end to the air pathway connector and at a second end to the pump; disposing the neck pillow around the neck of the child such that it lays on the shoulders of the child in a deflated state; inflating the neck pillow by activating the pump; and deactivating the pump when the neck pillow is inflated to a desired level (Figure 6).
Regarding claim 13, Rogachevsky discloses a method wherein the method further comprises; providing an air inlet connector and an air outlet connector on the pump, wherein the air inlet connector is used to deflate the neck pillow, and the air outlet connector is used to inflate the neck pillow; removing the second end of the tube from the air outlet connector; attaching the second end of the tube to the air inlet connector; activating the pump to deflate the neck pillow; and deactivating the pump when the neck pillow is deflated to a desired level (Column 3 Line 58-65, Figure 6).
Regarding claim 14, Rogachevsky discloses a method wherein the method further comprises: providing a flexible tube; and moving the pump to any location that the flexible tube can reach (tubes Element 58, 60).
Regarding claim 15, Rogachevsky discloses a method wherein the method further comprises: providing an electric pump; disposing the flexible tube on the air outlet connector to inflate the neck pillow; disposing the flexible tube on the air inlet connector to deflate the neck pillow; and activating and deactivating the electric pump in order to inflate or deflate the neck pillow, depending upon the placement of the flexible tube (Column 5 Lines 26-34).
Regarding claim 16, Rogachevsky discloses a method for remotely inflating and deflating a neck pillow that provides support for a child in a car seat, wherein the method comprises: providing the neck pillow having an outer covering, a single air chamber disposed within the outer covering of the neck pillow, the single air chamber including an air pathway connector that enables air to pass into and out of the single air chamber, providing a pump that can push and pull air, the pump including a flexible bulb and a valve that may be used to select inflating or deflating of the neck pillow, and providing a tube that is coupled at a first end to the air pathway connector and at a second end to the pump; disposing the neck pillow around the neck of the child such that it lays on the shoulders of the child in a deflated state; moving the valve of the pump to an inflate setting; and inflating the neck pillow by squeezing the flexible bulb of the pump to thereby inflate the neck pillow (Figure 6).
Regarding claim 17, Rogachevsky discloses the method further comprises: moving the valve of the pump to a deflate setting; and deflating the neck pillow by squeezing the flexible bulb of the pump to thereby inflate the neck pillow (Figure 6).
Response to Arguments
Applicant's arguments filed February 23,2026 have been fully considered but they are not persuasive.
Edawrd S. Wright et al. U.S. Patent 4,922,893 A (Wright) discloses an inflatable pillow for a neck that is inflated with a pump and connected to valves that deliver air the inflatable bladder. The teachings of a functioning tube that distributes air into the pillow directly from a pump is taught and well know according to Wright.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SHIN H KIM whose telephone number is (571)272-7788. The examiner can normally be reached Monday-Friday 9AM-6PM.
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/SHIN H KIM/Primary Examiner, Art Unit 3636