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 .
Status of the Application
Claims 1—20 have been examined in this application. This communication is a Final Rejection in response to Applicant’s “Amendments/Remarks” filed 01/26/2026.
Claim Rejections - 35 USC § 112
The rejection made to claim(s) 8 under 35 U.S.C. 112(b) in the Non-Final has been withdrawn in light of the claims’ amendment.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “a means of sending measured temperature” in claim 9.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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—3, 5—7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2023/0389732 A1 to Yu (Yu hereafter) in view of U.S Patent Application 2017/0055737 A1 Rochlin (Rochlin hereafter).
As per claim 1, Yu teaches:
A device for cooling treatment (100—Fig.1; para [0042]), comprising:
a cooling pack (112—Fig.2; para [0042]);
a cushion including a cavity (144—Fig.7; para [0034]), the cavity being constructed and arranged to accommodate the cooling pack (para [0045]);
at least one reattachable layer of material disposed over the cooling pack and the cavity wherein: the cooling pack is positioned within the cavity (126—Fig.7; para [0034]); the cooling pack is removable from the cavity (para [0042]); and wherein the cooling pack is configured to cool the cushion when positioned within the cavity and comprises a sealed (112—Fig.2; para [0042]), flexible enclosure containing at least a first cooling material and a second cooling material (112—Fig.2; para [0042]: multiple inserts filled with refrigerant gel) and the cavity of the cushion has a depth (para [0030]: compartment may have desirable shape and size).
Yu does not teach the at least one reattachable layer of material disposed over the cooling pack has a thickness of at least 3mm and the cavity of the cushion has a depth of at least 12mm.
Rochlin teaches the at least one reattachable layer of material disposed over the cooling pack (204—Fig.2; para [0058]) has a thickness of at least 3mm the cavity of the cushion has a depth of at least 12mm (para [0058]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a layer with a thickness of at least 3mm) and arrived at a cooling pillow provided with a layers with a thickness of at least 3mm. One of ordinary skill in the art would have been motivated to make such a combination to hide the lumps caused by the plurality of internal pieces inside inner shell case user as taught in Rochlin (para [0060]).
As per claim 2, Yu (as modified) teaches
The device for cooling treatment of claim 1, wherein: the cooling pack includes a first cooling material (para [0042]); the cooling pack includes a second cooling material (para [0039]); the first cooling material has a first heat capacity (para [0042]); the second cooling material has a second heat capacity (para [0042]); the second heat capacity is larger than the first heat capacity (para [0042]: cooling material may be selected from different phase change materials with different exothermic effects the second capacity being larger than the first heat capacity).
As per claim 3, Yu teaches
The device for cooling treatment of claim 1, wherein the cooling pack includes a first cooling pack portion and a second cooling pack portion(112—Fig.2; para [0042] first and second cooling pack portions), wherein the first cooling pack portion is foldably attached to the second cooling pack portion (para [0041]: first and second cooling packs may be attached via zipper attachments and thereby folded).
As per claim 5, Yu (as modified) teaches The device for cooling treatment of claim 1.
Yu does not teach, wherein the at least one layer of material is made primarily from gel-infused memory foam, shredded memory foam, latex foam, bamboo-derived fabrics, microfiber cooling fabrics, phase change materials (PCM), polyester fiberfill, cooling gel fibers, or any combination thereof.
Rochlin teaches, wherein the at least one layer of material is made primarily from gel-infused memory foam, shredded memory foam, latex foam, bamboo-derived fabrics, microfiber cooling fabrics, phase change materials (PCM), polyester fiberfill, cooling gel fibers, or any combination thereof (204—Fig.2; para [0058]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a foam layer with a thickness of at least 3mm) and arrived at a cooling pillow provided with a layers with a thickness of at least 3mm. One of ordinary skill in the art would have been motivated to make such a combination to hide the lumps caused by the plurality of internal pieces inside inner shell case user as taught in Rochlin (para [0060]).
As per claim 6, Yu (as modified) teaches:
The device for cooling treatment of claim 1, wherein a recessed surface of the cushion at least partially defines the cavity of the cushion (144—Fig.7; para [0045]), wherein the recessed surface includes a moisture wicking material or silicone gel (para [0029]: cavities formed of comfortable soft durable lightweight material including silk).
As per claim 7, Yu (as modified) teaches:
The device for cooling treatment of claim 1, wherein the reattachable layer of material creates a temperature barrier between the cooling pack and a user (126—Fig.7: layer provides barrier between cool packs and users head), is hypoallergenic, adds comfort, and holds the cooling pack in place (126—Fig.7: layer secures cool packs below users head).
Claim(s) 8 & 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2023/0389732 A1 to Yu in view of U.S Patent Application 2017/0055737 A1 Rochlin in further view of U.S Patent Application 2016/0066716 A1 to Rao (Rao hereafter).
As per claim 8, Yu (as modified) teaches The device for cooling treatment of claim 1.
Yu does not teach, further comprising one or more thermal conductors attached to the at least one layer of material, wherein at least one of the one or more thermal conductors is constructed and arranged to interact with the cooling pack.
Rao teaches, further comprising one or more thermal conductors (430—Fig.4a; para [0044]) attached to the at least one layer of material (464—Fig.4B; para [0044]), wherein at least one of the one or more thermal conductors is constructed and arranged to interact with the cooling pack (462—Fig.4B: thermal conductor in contact with cooling pack portion 462).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a foam layer with a thickness of at least 3mm) and Roa (directed to a pillow provided with comprising one or more thermal conductors) and arrived at a cooling pillow comprising one or more thermal conductors. One of ordinary skill in the art would have been motivated to make such a combination to provide facilitate heat transfer, provide at least part of some convection, combinations thereof, and/or the like as taught in Rao (para [0043]).
As per claim 9, Yu (as modified) teaches The device for cooling treatment of claim 1.
Yu does not teach, further comprising a thermometer strip or a means of sending measured temperature of the cushion to a mobile device or internet of things (IOT) network.
Rao teaches, further comprising a thermometer strip (120—Fig.1; para [0053]) or a means of sending measured temperature of the cushion to a mobile device or internet of things (IOT) network (3470—Fig.34; para [0053]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a foam layer with a thickness of at least 3mm) and Rao (directed to a cushion provided with a thermometer strip and means of sending a measured temperature to a mobile device) and arrived at a cooling pillow provided with a thermometer strip and means of sending a measured temperature to a mobile device. One of ordinary skill in the art would have been motivated to make such a combination to provide more restful sleep by determining how pillow temperature is affecting the user as taught in Rao (para [0037]).
Claim(s) 4, 10—20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2023/0389732 A1 to Yu in view of U.S Patent Application 2017/0055737 A1 Rochlin in further view of U.S Patent Application 2003/0028971 A1 to Chaffee (Chaffee hereafter).
As per claim 4, Yu (as modified) teaches The device for cooling treatment of claim 1.
Yu does not teach, further comprising: a first set of fasteners attached to a first cushion surface of the cushion; and a second set of fasteners attached to a first surface of the at least one layer of material; wherein the first set of fasteners and the second set of fasteners are constructed and arranged to removably attach the at least one layer of material to the first cushion surface of the cushion.
Chaffee teaches, further comprising: a first set of fasteners attached to a first cushion surface of the cushion (64—Fig.10c; para [0061]: fasteners on first surface of cushion 60); and a second set of fasteners attached to a first surface of the at least one layer of material (69—Fig.10c; para [0061]); wherein the first set of fasteners and the second set of fasteners are constructed and arranged to removably attach the at least one layer of material to the first cushion surface of the cushion (64—Fig.10c; para [0061]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a foam layer with a thickness of at least 3mm) and Chaffee (directed to a pillow provided with a layer with fasteners attachable to a first surface of the pillow) and arrived at a cooling pillow provided with a layers with a thickness of at least 3mm with fasteners attachable to a first surface of the pillow. One of ordinary skill in the art would have been motivated to make such a combination to provide a covering layer that may partially surround the pillow structure and may improve resiliency and performance of the structure as taught in Chaffee (para [0061]).
As per claim 10, Yu teaches
A device for cooling treatment (100—Fig.1; para [0042]), comprising: a cooling pack (112—Fig.2; para [0042]); a cushion including a cavity (144—Fig.7; para [0034]), the cavity being constructed and arranged to accommodate the cooling pack (para [0045]); at least one layer of material disposed over the cooling pack and the cavity wherein: the cooling pack is positioned within the cavity (126—Fig.7; para [0034]); the cooling pack is removable from the cavity (para [0042]); the cavity of the cushion has a depth (para [0030]: compartment may have desirable shape and size) and wherein the cooling pack is configured to cool the cushion when positioned within the cavity and comprises a sealed (112—Fig.2; para [0042]), flexible enclosure containing at least a first cooling material and a second cooling material(112—Fig.2; para [0042]: multiple inserts filled with refrigerant gel).
Yu does not teach the at least one layer of material disposed over the cooling pack has a thickness of at least 3mm the cavity of the cushion has a depth of at least 12mm the at least one layer of material has a first side that is attached to the cushion; the at least one layer of material has a second side opposite the first side, wherein the second side is constructed and arranged to detach from the cushion; the second side of at least the one layer of material is constructed and arranged to reattach to the cushion.
Rochlin teaches the at least one layer of material disposed over the cooling pack has a thickness of at least 3mm has a thickness of at least 3mm (204—Fig.2; para [0058]) and the cavity of the cushion has a depth of at least 12mm (para [0058]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a layers with a thickness of at least 3mm) and arrived at a cooling pillow provided with a layers with a thickness of at least 3mm. One of ordinary skill in the art would have been motivated to make such a combination to hide the lumps caused by the plurality of internal pieces inside inner shell case user as taught in Rochlin (para [0060]).
Yu as modified does not teach at least one layer of material has a first side that is attached to the cushion; the at least one layer of material has a second side opposite the first side, wherein the second side is constructed and arranged to detach from the cushion; the second side of at least the one layer of material is constructed and arranged to reattach to the cushion.
Chaffee teaches, at least one layer of material has a first side that is attached to the cushion(64—Fig.10c; para [0061]: fasteners on first surface of cushion 60); the at least one layer of material has a second side opposite the first side, wherein the second side is constructed and arranged to detach from the cushion(64—Fig.10c; para [0061]: fasteners on first surface of cushion 60); the second side of at least the one layer of material is constructed and arranged to reattach to the cushion(69—Fig.10c; para [0061]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a foam layer with a thickness of at least 3mm) and Chaffee (directed to a pillow provided with a layer with fasteners attachable to a first surface of the pillow) and arrived at a cooling pillow provided with a layers with a thickness of at least 3mm with fasteners attachable to a first surface of the pillow. One of ordinary skill in the art would have been motivated to make such a combination to provide a covering layer that may partially surround the pillow structure and may improve resiliency and performance of the structure as taught in Chaffee (para [0061]).
As per claim 11, Yu (as modified) teaches:
The device for cooling treatment of claim 10, wherein: the cooling pack includes a first cooling material (para [0042]); the cooling pack includes a second cooling material (para [0039]); the first cooling material has a first heat capacity (para [0042]); the second cooling material has a second heat capacity; the second heat capacity is larger than the first heat capacity (para [0042]: cooling material may be selected from different phase change materials with different exothermic effects thereby allowing the second capacity being larger than the first heat capacity).
As per claim 12, Yu (as modified) teaches
The device for cooling treatment of claim 10, wherein the cooling pack includes a first cooling pack portion and a second cooling pack portion (112—Fig.2; para [0042] first and second cooling pack portions), wherein the first cooling pack portion is foldably attached to the second cooling pack portion (para [0041]: first and second cooling packs may be attached via zipper attachments and thereby folded).
As per claim 13, Yu (as modified) teaches The device for cooling treatment of claim 10.
Yu does not teach , further comprising: a first set of fasteners attached to a first cushion surface of the cushion; and a second set of fasteners attached to a first surface of the at least one layer of material; wherein the first set of fasteners and the second set of fasteners are constructed and arranged to removably attach the at least one layer of material to the first cushion surface of the cushion.
Chaffee teaches, further comprising: a first set of fasteners attached to a first cushion surface of the cushion (64—Fig.10c; para [0061]: fasteners on first surface of cushion 60); and a second set of fasteners attached to a first surface of the at least one layer of material (69—Fig.10c; para [0061]); wherein the first set of fasteners and the second set of fasteners are constructed and arranged to removably attach the at least one layer of material to the first cushion surface of the cushion (64—Fig.10c; para [0061]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a foam layer with a thickness of at least 3mm) and Chaffee (directed to a pillow provided with a layer with fasteners attachable to a first surface of the pillow) and arrived at a cooling pillow provided with a layers with a thickness of at least 3mm with fasteners attachable to a first surface of the pillow. One of ordinary skill in the art would have been motivated to make such a combination to provide a covering layer that may partially surround the pillow structure and may improve resiliency and performance of the structure as taught in Chaffee (para [0061]).
As per claim 14, Yu (as modified) teaches The device for cooling treatment of claim 10.
Yu does not teach, wherein the at least one layer of material is made primarily from gel-infused memory foam, shredded memory foam, latex foam, bamboo-derived fabrics, microfiber cooling fabrics, phase change materials (PCM), polyester fiberfill, cooling gel fibers, or any combination thereof.
Rochlin teaches, wherein the at least one layer of material is made primarily from gel-infused memory foam, shredded memory foam, latex foam, bamboo-derived fabrics, microfiber cooling fabrics, phase change materials (PCM), polyester fiberfill, cooling gel fibers, or any combination thereof (204—Fig.2; para [0058]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a foam layer with a thickness of at least 3mm) and Chaffee (directed to a pillow provided with a layer with fasteners attachable to a first surface of the pillow) and arrived at a cooling pillow provided with a layers with a thickness of at least 3mm. One of ordinary skill in the art would have been motivated to make such a combination to hide the lumps caused by the plurality of internal pieces inside inner shell case user as taught in Rochlin (para [0060]).
As per claim 15, Yu (as modified) teaches:
The device for cooling treatment of claim 10, wherein a recessed surface of the cushion at least partially defines the cavity of the cushion (144—Fig.7; para [0045]), wherein the recessed surface includes a moisture wicking material or silicone gel (para [0029]: cavities formed of comfortable soft durable lightweight material including silk).
As per claim 16, Yu teaches:
A device for cooling treatment (100—Fig.1; para [0042]), comprising: a cooling pack (112—Fig.2; para [0042]); a cushion including a cavity (144—Fig.7; para [0034]), the cavity being constructed and arranged to accommodate the cooling pack (para [0045]); at least one layer of material disposed over the cooling pack and the cavity wherein: the cooling pack is positioned within the cavity (126—Fig.7; para [0034]); the cooling pack is removable from the cavity (para [0042]); the cavity of the cushion has a depth (para [0030]: compartment may have desirable shape and size) wherein the cooling pack is configured to cool the cushion when positioned within the cavity and comprises a sealed (112—Fig.2; para [0042]), flexible enclosure containing at least a first cooling material and a second cooling material (112—Fig.2; para [0042]: multiple inserts filled with refrigerant gel).
Yu does not teach the at least one layer of material disposed over the cooling pack has a thickness of at least 3mm the cavity of the cushion has a depth of at least 12mm; the at least one layer of material is constructed and arranged to detach from the cushion; the at least one layer of material is constructed and arranged to reattach to the cushion.
Rochlin teaches the at least one layer of material disposed over the cooling pack has a thickness of at least 3mm (204—Fig.2; para [0058]) the cavity of the cushion has a depth of at least 12mm (para [0058]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a layers with a thickness of at least 3mm) and arrived at a cooling pillow provided with a layers with a thickness of at least 3mm. One of ordinary skill in the art would have been motivated to make such a combination to hide the lumps caused by the plurality of internal pieces inside inner shell case user as taught in Rochlin (para [0060]).
Yu as modified does not teach the at least one layer of material is constructed and arranged to detach from the cushion; the at least one layer of material is constructed and arranged to reattach to the cushion.
Chaffee teaches, the at least one layer of material is constructed and arranged to detach from the cushion (64—Fig.10c; para [0061]: fasteners on first surface of cushion 60); the at least one layer of material is constructed and arranged to reattach to the cushion (69—Fig.10c; para [0061]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a foam layer with a thickness of at least 3mm) and Chaffee (directed to a pillow provided with a layer with fasteners attachable to a first surface of the pillow) and arrived at a cooling pillow provided with a layers with a thickness of at least 3mm with fasteners attachable to a first surface of the pillow. One of ordinary skill in the art would have been motivated to make such a combination to provide a covering layer that may partially surround the pillow structure and may improve resiliency and performance of the structure as taught in Chaffee (para [0061]).
As per claim 17, Yu (as modified) teaches:
The device for cooling treatment of claim 16, wherein: the cooling pack includes a first cooling material (para [0042]); the cooling pack includes a second cooling material (para [0039]); the first cooling material has a first heat capacity (para [0042]); the second cooling material has a second heat capacity; the second heat capacity is larger than the first heat capacity (para [0042]: cooling material may be selected from different phase change materials with different exothermic effects thereby allowing the second capacity being larger than the first heat capacity).
As per claim 18, Yu (as modified) teaches:
The device for cooling treatment of claim 16, wherein the cooling pack includes a first cooling pack portion and a second cooling pack portion (112—Fig.2; para [0042] first and second cooling pack portions), wherein the first cooling pack portion is foldably attached to the second cooling pack portion (para [0041]: first and second cooling packs may be attached via zipper attachments and thereby folded).
As per claim 19, Yu (as modified) teaches: The device for cooling treatment of claim 16.
Yu does not teach, further comprising: a first set of fasteners attached to a first cushion surface of the cushion; and a second set of fasteners attached to a first surface of the at least one layer of material; wherein the first set of fasteners and the second set of fasteners are constructed and arranged to removably attach the at least one layer of material to the first cushion surface of the cushion.
Chaffee teaches, further comprising: a first set of fasteners attached to a first cushion surface of the cushion (64—Fig.10c; para [0061]: fasteners on first surface of cushion 60); and a second set of fasteners attached to a first surface of the at least one layer of material (69—Fig.10c; para [0061]); wherein the first set of fasteners and the second set of fasteners are constructed and arranged to removably attach the at least one layer of material to the first cushion surface of the cushion (64—Fig.10c; para [0061]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a foam layer with a thickness of at least 3mm) and Chaffee (directed to a pillow provided with a layer with fasteners attachable to a first surface of the pillow) and arrived at a cooling pillow provided with a layers with a thickness of at least 3mm with fasteners attachable to a first surface of the pillow. One of ordinary skill in the art would have been motivated to make such a combination to provide a covering layer that may partially surround the pillow structure and may improve resiliency and performance of the structure as taught in Chaffee (para [0061]).
As per claim 20, Yu (as modified) teaches The device for cooling treatment of claim 16.
Yu does not teach, wherein the at least one layer of material is made primarily from gel-infused memory foam, shredded memory foam, latex foam, bamboo-derived fabrics, microfiber cooling fabrics, phase change materials (PCM), polyester fiberfill, cooling gel fibers, or any combination thereof.
Rochlin teaches, wherein the at least one layer of material is made primarily from gel-infused memory foam, shredded memory foam, latex foam, bamboo-derived fabrics, microfiber cooling fabrics, phase change materials (PCM), polyester fiberfill, cooling gel fibers, or any combination thereof (204—Fig.2; para [0058]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Yu (directed to a cooling pillow) and Rochlin (directed to a pillow provided with a foam layer with a thickness of at least 3mm) and arrived at a cooling pillow provided with a layers with a thickness of at least 3mm. One of ordinary skill in the art would have been motivated to make such a combination to hide the lumps caused by the plurality of internal pieces inside inner shell case user as taught in Rochlin (para [0060]).
Response to Arguments
Applicant's arguments filed 01/26/2026 have been fully considered but they are not persuasive.
Applicant’s Arguments:
Regarding the Non-Final Rejection filed on 08/27/2025, the Applicant argues,
Regarding independent Claims 1, 10, and 16 have been amended to include "wherein the cooling pack is configured to cool the cushion when positioned within the cavity and comprises a sealed, flexible enclosure containing at least a first cooling material and a second cooling material" which is neither taught nor suggested by Yu and Rochlin. Even accepting the Examiner's proposed combination of Yu and Rochlin, the resulting structure would at most yield a modular, washable pillow with internal inserts or foam fillings, not the claimed cooling-treatment device. Yu and Rochlin disclose pillows with internal foam/insert structures, but not a sealed, freezable cooling pack of the claimed type located in a specific cavity under a detachable comfort layer of defined thickness and cavity depth.
Accordingly, Yu and Rochlin do not render the subject matter of claims 1, 10, and 16 obvious, as no prima facie case of obviousness exists where the cited references do not disclose all the elements or limitations within claims 1, 10, and 16 . Withdrawal of the rejection of claims 1, 10, and 16 is respectfully requested.
Regarding dependent Claims 4 and 11-15, and 17-20 depend from claims 1, 10, and 16 and are considered allowable for at least the same reasons as claims 1, 10, and 16 and by virtue of their dependency from claims 1, 10, and 16 . Accordingly, Applicant respectfully requests that the rejection of claims 4 and 10-20 be withdrawn.
Examiner's Response to Arguments:
The examiner respectfully disagrees to the Applicant’s Arguments for the following reasons
1) Regarding independent claims 1, 10 and 16 the examiner relies on the teachings of U.S Patent Application 2023/0389732 A1 to Yu in view of U.S Patent Application 2017/0055737 A1 Rochlin. The examiner maintains that Yu discloses a pillows with internal foam/insert structures (Yu: 112—Fig.2), a sealed, freezable cooling pack of the claimed type located in a specific cavity under a detachable comfort layer of defined thickness and cavity depth. The examiner highlights that the inserts of Yu may be placed in a cooler than positioned in the pillow to produce a cooling effect.
2)
3)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S Patent Application 2016/0324720 A1 discloses A heating and vibrating pillow for providing therapeutic heating and massaging functions through a conventionally sized and shaped bed pillow.
U.S Patent Application 2011/0252567 A1 discloses A pillow having positionable inserts is provided. Certain embodiments include inserts that are made from memory foam material formed into a variety of shapes that can assist in correcting the curvature of a user's spine.
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.
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/D.T.G./Examiner, Art Unit 3673 03/04/2026
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673