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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/2/2024 has been considered by the examiner. See attached IDS forms.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4, and 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Voegel (US Patent 12,075,936).
Regarding claim 1, Voegel discloses a neck pillow apparatus comprising:
a support comprising a body (10) having a C-shape (see Fig. 1) such that the body is configured to receive a neck of a user into a recess defined by the body, an opening to the recess being positioned on a front side of the support, the body comprising a resiliently compressible material (“stuffing 14 provide a soft comfortable structure”) such that the body is configured to cushion a head of the user when the head rests on the body;
and a shawl (16) having a proximal edge with respect to the support, the proximal edge being coupled to the support (as shown in Fig. 1 & 3), the proximal edge extending along a rear side and a pair of lateral sides of the support (see Figs. 1 & 3), the shawl being positionable in a use position wherein the shawl extends downwardly from the support and defines a cavity below the support (this is the shape of the shawl as shown in Fig. 1) , the shawl comprising a flexible shawl material such that the shawl is configured to drape around the user when positioned in the use position (blanket 16 is inherently flexible- note its position changing through the figures).
Regarding claim 4, the support further comprises a cover (cover 12) surrounding the body, the cover conforming to an exterior surface of the body, the cover comprising a flexible cover material such that the cover is configured to conform to the head of the user when the head rests against the cover over the body.
Regarding claim 7, the shawl has a length from the proximal edge to a distal edge with respect to the support such that the shawl is configured to extend over a majority of a length of a torso of the user when the recess receives the neck of the user and the shawl is positioned in the use position (see for example, Fig. 9)
Claim(s) 1-3, 6 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticpated by Fenner (US PG Pub 2023/0329460).
Regarding claim 1, Fenner discloses a neck pillow apparatus comprising:
a support comprising a body (26) having a C-shape (see Fig. 1) such that the body is configured to receive a neck of a user into a recess defined by the body, an opening to the recess (14) being positioned on a front side of the support, the body comprising a resiliently compressible material (“pad” 26) such that the body is configured to cushion a head of the user when the head rests on the body;
and a shawl (12) having a proximal edge with respect to the support, the proximal edge being coupled to the support (as shown in Figs. 1-4), the proximal edge extending along a rear side and a pair of lateral sides of the support (see Figs. 1), the shawl being positionable in a use position wherein the shawl extends downwardly from the support and defines a cavity below the support (this is the shape of the shawl as shown in Fig. 4) , the shawl comprising a flexible shawl material such that the shawl is configured to drape around the user when positioned in the use position (blanket 12 is inherently flexible- note its position changing through the figures).
Regarding claim 2, the distal edge has a length greater than a length of the proximal edge such that the shawl tapers from the distal edge to the proximal edge (see Fig. 2, the length about opening 14 is smaller length than the outer edge of blanket).
Regarding claim 3, the shawl has a pair of free edges extending between the distal edge and the proximal edge, each free edge of the pair of free edges being straight; see Fig. 1 which shows this shape.
Regarding claim 7, the shawl has a length from the proximal edge to a distal edge with respect to the support such that the shawl is configured to extend over a majority of a length of a torso of the user when the recess receives the neck of the user and the shawl is positioned in the use position (see for example, Fig. 4).
Regarding claim 6, a pair of pockets (32) being coupled to the shawl, the pair of pockets being positioned on a side of the shawl which faces outwardly from the cavity when the shawl is positioned in the use position, each pocket of the pair of pockets defining an interior space therein, the interior space of each pocket of the pair of pockets having an open end facing away from the distal edge of the shawl (see Fig. 2 and paragraph 20).
Regarding claim 7, the shawl has a length from the proximal edge to a distal edge with respect to the support such that the shawl is configured to extend over a majority of a length of a torso of the user when the recess receives the neck of the user and the shawl is positioned in the use position (see for example, Fig. 4)
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 is rejected under 35 U.S.C. 103 as being unpatentable over Voegel (US Patent 12,075,936) in view of Cohen (US PGPub 2014/0000036).
Vogel is discussed above but does not show pockets on the shawl.
Cohen teaches a support pillow with a pocket (30).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Voegel with the teachings of Cohen to provide pockets on the shawl to allow the user to store items.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Fenner (US PG Pub 2023/0329460) alone.
Vogel is discussed above and shows a pocket 38
Cohen teaches a support pillow with a pocket (30).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Voegel with the teachings of Cohen to provide pockets on the shawl to allow the user to store items.
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 8 is allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/DAVID R DUNN/ Supervisory Patent Examiner, Art Unit 3636