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 § 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) 1, 3-8 and 10-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeGregorio (US PGPub. 2012/0260421). DeGregorio describes the same invention as claimed, including:
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1. Figure 8 of DeGregorio, Annotated by Examiner
Regarding claim 1, DeGregorio shows: A cushion system (block cover 30) for a yoga block (32), the cushion system comprising: (I) a cushion (para. 22: “Additional padding, material, or other elements, for example cushioning, may be placed between the interior lining 18 and either the top and bottom layers 14, 16 as needed or desired.”. Examiner notes that para. 22 refers to a yoga mat embodiment; however, para. 27 notes that features of the yoga mat and yoga block embodiments are interchangeable: “The block cover 30 may be made from any of the materials and include any of the features discussed herein with respect to the mat cover 12.”); (II) a cushion cover assembly including (A) a lower base portion (para. 22: “either the top and bottom layers 14, 16” (B) an upper base portion (para. 22: “interior lining 18”), and (C) an multisided portion extending perpendicular to the lower base portion (see Figure 8 annotated above); and (III) a multisided yoga block cover assembly (block cover 30) extending from the multisided portion of the cushion cover (see Figure 8, annotated above), wherein the cushion cover assembly is removably couplable with the cushion (para. 22: “Additional padding, material, or other elements, for example cushioning, may be placed between the interior lining 18 and either the top and bottom layers 14, 16 as needed or desired.”), and wherein the multisided yoga block cover assembly is removably couplable with the yoga block (para. 27: “As with the mat cover 12, the block cover 30 may vary in the number of sides which are connected so that different openings may be provided. As best shown in FIG. 8, the block cover 30 may have an end portion 40 which can be opened to allow the insertion of a yoga block.”).
Regarding claim 3, wherein the multisided portion of the cushion cover assembly includes at least one inner material layer portion (interior lining 18) and at least one outer material layer portion (14, 16).
Regarding claim 4, wherein the cushion cover assembly includes at least one of the following materials: cotton, silk, wool, bamboo, and polyethylene terephthalate (para, 20: “In an exemplary embodiment the top layer 14 includes terry cloth, though other cotton blends, synthetic fabrics, natural fabrics, moisture wicking material, etc., may be used.”).
Regarding claim 5, wherein the multisided yoga block cover assembly includes at least one inner material layer portion (interior lining 18), at least one middle material layer portion (para. 22: “Additional padding, material, or other elements, for example cushioning, may be placed between the interior lining 18 and either the top and bottom layers 14, 16 as needed or desired.”), and at least one outer material layer portion (14, 16).
Regarding claim 6, wherein the multisided yoga block cover assembly includes at least one of the following materials: rubber, neoprene, foam, vinyl, silicone, and high density polyethylene (para. 21: “For example, a rubber gel may be applied to the bottom layer 16 to create a grippable, non-slip surface.”).
Regarding claim 7, wherein the cushion includes at least one rectangular shape (see Figure 8).
Regarding claim 8, wherein the multisided yoga block cover assembly includes at least one rectangular shape when coupled with the yoga block (see Figures 7 and 8).
Regarding claim 10, wherein the multisided yoga block cover assembly includes yoga block fastening portion, and wherein the yoga block fastening portion includes an elastic portion (para. 18: “The mat cover 12 may be a variety of sizes and may include elastic, drawstring, straps, or other means to attach or synch a larger mat cover 12 to a smaller mat 10.” Examiner notes that para. 18 refers to a yoga mat embodiment; however, para. 27 notes that features of the yoga mat and yoga block embodiments are interchangeable: “The block cover 30 may be made from any of the materials and include any of the features discussed herein with respect to the mat cover 12.”).
Regarding claim 11, wherein the yoga block includes a plurality of side portions (34, 36), and wherein the multisided yoga block cover assembly is sized and shaped to partially cover at least one side portion of the plurality of side portions of the yoga block when the multisided yoga block cover assembly is coupled with the yoga block (Figures 7 and 8).
Regarding claim 12, wherein the yoga block includes an upper base portion and at least one side portion, wherein the multisided yoga block cover assembly is sized and shaped to fully cover the at least one side portion of the yoga block when the multisided yoga block cover assembly is coupled with the yoga block, and wherein the lower base portion of the cushion cover assembly is sized and shaped to fully cover the upper base portion of the yoga block when the multisided yoga block cover assembly is coupled with the yoga block (Figures 7 and 8).
Regarding claim 13, wherein the yoga block includes a lower base portion, and wherein the multisided yoga block cover assembly is sized and shaped to cover at least a portion of the lower base of the yoga block when the multisided yoga block cover assembly is coupled with the yoga block (Figures 7 and 8).
Regarding claim 14, wherein the multisided yoga block cover assembly includes at least one of the following materials: rubber, neoprene, foam, vinyl, silicone, and high density polyethylene (para. 21: “For example, a rubber gel may be applied to the bottom layer 16 to create a grippable, non-slip surface.”).
Claim(s) 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeGregorio (US PGPub. 2012/0260421). DeGregorio describes the same invention as claimed, including:
Regarding claim 15, A system comprising: (I) a cushion (para. 22: “Additional padding, material, or other elements, for example cushioning, may be placed between the interior lining 18 and either the top and bottom layers 14, 16 as needed or desired.”. Examiner notes that para. 22 refers to a yoga mat embodiment; however, para. 27 notes that features of the yoga mat and yoga block embodiments are interchangeable: “The block cover 30 may be made from any of the materials and include any of the features discussed herein with respect to the mat cover 12.”); (II) a cushion cover assembly including (A) a lower base portion (para. 22: “either the top and bottom layers 14, 16”), (B) an upper base portion (para. 22: “interior lining 18”), and (C) an multisided portion extending perpendicular to the lower base portion (see Figure 8 annotated above); (III) a multisided yoga block cover assembly (block cover 30) extending from the multisided portion of the cushion cover (see Figure 8, annotated above); and (IV) a yoga block, wherein the cushion cover assembly is removably couplable with the cushion cushion (para. 22: “Additional padding, material, or other elements, for example cushioning, may be placed between the interior lining 18 and either the top and bottom layers 14, 16 as needed or desired.”), and wherein the multisided yoga block cover assembly is removably couplable with the yoga block (para. 27: “As with the mat cover 12, the block cover 30 may vary in the number of sides which are connected so that different openings may be provided. As best shown in FIG. 8, the block cover 30 may have an end portion 40 which can be opened to allow the insertion of a yoga block.”).
Regarding claim 16, wherein the yoga block includes an upper base portion and at least one side portion, wherein the multisided yoga block cover assembly is sized and shaped to fully cover the at least one side portion of the yoga block when the multisided yoga block cover assembly is coupled with the yoga block, and wherein the lower base portion of the cushion cover assembly is sized and shaped to fully cover the upper base portion of the yoga block when the multisided yoga block cover assembly is coupled with the yoga block (Figures 7 and 8).
Regarding claim 17, wherein the yoga block includes a plurality of side portions, and wherein the multisided yoga block cover assembly is sized and shaped to partially cover at least one side portion of the plurality of side portions of the yoga block when the multisided yoga block cover assembly is coupled with the yoga block (Figures 7 and 8).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeGregorio (US PGPub. 2012/0260421). DeGregorio describes the same invention as claimed, including:
Regarding claim 18, A cushion system for a cushion and a yoga block (30), the cushion system (para. 22: “Additional padding, material, or other elements, for example cushioning, may be placed between the interior lining 18 and either the top and bottom layers 14, 16 as needed or desired.”. Examiner notes that para. 22 refers to a yoga mat embodiment; however, para. 27 notes that features of the yoga mat and yoga block embodiments are interchangeable: “The block cover 30 may be made from any of the materials and include any of the features discussed herein with respect to the mat cover 12.”) comprising: (I) a cushion cover assembly including (A) a lower base portion (para. 22: “either the top and bottom layers 14, 16”), (B) an upper base portion (para. 22: “interior lining 18”), and (C) an multisided portion extending perpendicular to the lower base portion (see Figure 8 annotated above); and (II) a multisided yoga block cover assembly (block cover 30) extending from the multisided portion of the cushion cover (see Figure 8, annotated above); and wherein the cushion cover assembly is removably couplable with the cushion (para. 22: “Additional padding, material, or other elements, for example cushioning, may be placed between the interior lining 18 and either the top and bottom layers 14, 16 as needed or desired.”), and wherein the multisided yoga block cover assembly is removably couplable with the yoga block (para. 27: “As with the mat cover 12, the block cover 30 may vary in the number of sides which are connected so that different openings may be provided. As best shown in FIG. 8, the block cover 30 may have an end portion 40 which can be opened to allow the insertion of a yoga block.”).
Regarding claim 19, wherein the yoga block includes a plurality of side portions, and wherein the multisided yoga block cover assembly is sized and shaped to partially cover at least one side portion of the plurality of side portions of the yoga block when the multisided yoga block cover assembly is coupled with the yoga block (Figures 7 and 8).
Regarding claim 20, wherein the yoga block includes an upper base portion and at least one side portion, wherein the multisided yoga block cover assembly is sized and shaped to fully cover the at least one side portion of the yoga block when the multisided yoga block cover assembly is coupled with the yoga block, and wherein the lower base portion of the cushion cover assembly is sized and shaped to fully cover the upper base portion of the yoga block when the multisided yoga block cover assembly is coupled with the yoga block (Figures 7 and 8).
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) 2 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeGregorio (US PGPub. 2012/0260421) in view of Duong (US PGPub. 2020/0288877). DeGregorio describes the invention substantially as claimed, but does not explicitly describe the height of the cushion, as required by claim 2, or the closure portion as specified in claim 9:
Regarding claim 2, wherein the cushion includes a cushion height greater or equal to one inch.
Regarding claim 9, wherein the lower base portion of the cushion cover assembly includes an overlap closure portion to allow for insertion of the cushion into and removal of the cushion from the cushion cover assembly.
Duong, from the same field of endeavor, teaches that it is known in the art to include a cushion with a height greater or equal to one inch in a cushioning assembly (cushion 212 and 311 which comprise a nursing pillow assembly). Duong further teaches a lower base portion of a cushion cover including an overlap portion (23/24 or 33/34) to allow for insertion of the cushion into and removal of the cushion from the cushion cover assembly (see Fig. 3).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include a one inch or greater cushion height, if doing so were necessary to provide a desired amount of cushioning or padding for a particular user. Also, before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include an overlap closure portion for the cushion, as doing so provides the predictable result of making the cover machine washable without having to wash the cushioning material itself. Therefore, it would have been prima facie obvious to modify DeGregorio in view of Duong to obtain the invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892 for cited art of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNDHARA M GANESAN whose telephone number is (571)272-3340. The examiner can normally be reached 9:30AM-5:30PM.
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/SUNDHARA M GANESAN/Primary Examiner, Art Unit 3784