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 .
Remarks
This communication is in response to the reply filed on 01-12-2026.
The reply withdrew claims 4-5 and 20.
Claims 1-3, 6-19 are pending.
In reply to Applicant’s comment that Applicant did not withdraw claims 1-14, 17 and 19-20, the reason for the withdrawal was provided on page 2 of the Office action.
The corrected drawings provide support for claims 1 and 2-14, 17 and 19-20.
The drawing objection is withdrawn.
Applicant has withdrawn claims 4-5 and 20.
The rejection of claims 15-16 and 18 is withdrawn.
Claims 1-3, 6-19 are rejected as necessitated by the amendment to at least claim 1.
It is noted that the elected species represented by figures 1-12 do not provide support for claims 8, 9 (sensors), 10 (u-shaped feature), 11 (arch support), 12 (arch support), 13 (sidearm).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the claim 7 “…an outer ring of the third concavity” must be shown or the feature(s) canceled from the claim(s).
The subject matter of claim 9 “…having a plurality of sensors…” must be shown or the feature(s) canceled from the claim(s).
The subject matter of claim 10 and 17 “…wherein the first nose is configured to maintain the shape of the core by providing rigidity through outer edge u-shaped stabilization feature…” must be shown or the feature(s) canceled from the claim(s).
The subject matter of claim 13 first and second sidearms must be shown or the feature(s) canceled from the claim(s).
The subject matter of claim 17 “…the core having a sensor system;…” must be shown or the feature(s) canceled from the claim(s).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-3, 6-14 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
As to claim 1, the claim is indefinite as it includes the following issues of clarity: the claim positively recites a first concavity and then positively recites a concavity and it is unclear how a concavity can have a concavity. This lack of clarity extends to the second concavity.
Claims 2-3, 6-14 are rejected via amendment.
As to claim 6, the claim is indefinite as the claim is incomplete.
As to claim 10, the claim is indefinite as “…wherein the first nose is configured to maintain the shape of the core by providing rigidity through outer edge u-shaped stabilization features…” fails to define the metes and bounds of the claim and it is unclear what is being claimed.
As to claim 11, the superior and inferior borders lacks antecedent basis.
As to claim 15, the claim is indefinite as the cover lacks antecedent basis. For the purpose of examination the cover is interpreted as the core.
Claims 16-19 are rejected via dependency.
As to claim 17, the claim is indefinite as “…wherein the first nose is configured to maintain the shape of the core by providing rigidity through outer edge u-shaped stabilization features…” fails to define the metes and bounds of the claim and it is unclear what is being claimed.
NOTE: any prior art rejection provided below is made as best understood in view of the 35 U.S.C. 112(b) issues above.
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) 1-3 and 6, as best understood in view of the issues above, is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US 2022/0322852 A1, hereinafter D1.
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As to claim 1.
D1 discloses (Currently amended) An ergonomic pillow system (e.g. figure 5), comprising:
a core (core of the pillow 9, fig. 5);
the core (9) extending a length (26” in fig. 5) from a first end (see annotated figure 5) to a second end (see annotated figure 5);
the core (9) having a top (11-6) and a bottom (11-4);
the core (9) having a first concavity (16);
wherein the first concavity (16) is elliptical in shape when viewed from the top of the core (as in fig. 5);
the core having a second concavity (one of 1A or 2A in fig. 5);
wherein the second concavity (one of 1A or 2A) is elliptical in shape when viewed from the top of the core (as in fig. 5);
the core having a first arch (see annotated figure 5);
the first arch having a first cradle (see annotated figure 5);
the core having a second arch (see annotated figure 5);
the second arch having a second cradle (see annotated figure 5);
wherein the first concavity (16) is on the top (11-6) of the core (fig. 5);
the first concavity (16) having a concavity (fig. 6) forming a first cradle (see annotated figure 5);
wherein the second concavity (one of 1A or 2A) is on the top of the core (fig. 5);
the second concavity (one of 1A or 2A) having a concavity (see annotated figure 5) forming a second cradle (see annotated figure 5).
As to claim 2.
D1 discloses the system of claim 1 (see explanation for claim 1), and further discloses wherein the first cradle (see annotated figure 5) supports the neck and shoulder area of a user (fig. 26).
As to claim 3.
D1 discloses the system of claim 1 (see explanation for claim 1), and further discloses the core having a third concavity (the other of one of 1A or 2A see annotated figure 5) wherein the third concavity (the other one of 1A or 2A) is elliptical in shape when viewed from the top of the core (fig. 5).
As to claim 6.
D1 discloses the system of claim 1, and further discloses the core having a third concavity (see annotated figure 5);
the first concavity having a depth of the first concavity (fig. 6);
the second concavity having a depth of the second concavity (fig. 9);
the third concavity having a depth of the third concavity(fig. 8);
wherein the depth of the first concavity is a different depth than the depth of the second concavity (compare figs. 6 and 9).
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 of this title, 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) 15-16 and 18, as best understood in view of the issues above, is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of US 2012/0073057 A1, hereinafter D2.
As to claim 15.
D1 discloses a pillow insert apparatus (abstract), comprising:
a core (core of the pillow 9, fig. 5);
the core (9) extending a length (26” in fig. 5) from a first end (see annotated figure 5) to a second end (see annotated figure 5);
the core (9) having opposing sides (11-1) and a (side opposite 11-1);
the [[cover]] core having a top (top 11-6) and a bottom (bottom 11-4);
the [[cover]] core having a first indent (16);
the core having a second indent (one of 1A or 2A);
the core having a third indent (the other one of 1A or 2A);
wherein the first indent (16) is on the top (11-6) of the core (9);
wherein the second indent (one of 1A or 2A) is on the top (11-6) of the core (9).
D1 does not explicitly disclose the following which is taught by D2:
a core (core 12.sub.33, [0135]) having a cell structure on the interior (fig. 33);
wherein the cell structure is configured to provide structure for the core ([0135]);
wherein the cell structure provides structure (soft center region [0135]) and is formed of hexagonal cells interwoven with one another in a three-dimensional pattern (fig. 33).
Combining prior art elements according to known methods to yield predictable results indicates obviousness. The use of hexagonal cells in a pillow core is known in the art as per D2. It would be obvious to one of ordinary skill in the art to combine the hexagonal core taught by D2 with the pillow of D1 for the purpose of providing a soft pillow.
As to claim 16.
D1 as modified teaches the system of claim 15, and further discloses
wherein the first indent (16) provides support for the head (36) of a user (fig. 26);
wherein the first indent (16) prevents the head of the user from changing positions while sleeping due the concave shape of the first indent (fig. 30);
wherein the first arch provides support to the neck of the user (fig. 26);
wherein the neck of the user engages with the first arch while the head of the user is in the first indent (fig. 30).
As to claim 18.
D1 discloses the system of claim 15 (see explanation for claim 15), and further discloses wherein the third indent is on the top of the core (see annotated figure 5);the third indent having a concave shape forming a third cradle (see annotated figure 5).
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.
The prior art made of record on the attached PTOL-892 and not relied upon is considered pertinent to applicant's disclosure as each further discloses a state of the art.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SPE 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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/J. T. Newton/Primary Examiner, Art Unit 3673 14 April 2026
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