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 .
Election/Restrictions
Applicant’s election without traverse of Invention II (Claims 6-10) in the reply filed on March 24th, 2026 is acknowledged.
Claims 1-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 24th, 2026.
Claim Objections
Claim 10 objected to because of the following informalities: Please delete the word “indent” in the second line of the claim as it appears to be extraneous. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 9 and 10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 9 and 10 recites the limitation "a foam piece". It is unclear if “a foam piece” is included in “at least one foam piece” recited in parent claim 6, or if “a foam piece” is a separate limitation in addition to “at least one foam piece”.
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) 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dixon (US 5,163,194) in view of Manuszak (US 2022/0408945) and Pan (CN 113261830).
Regarding Claim 6, Dixon discloses a customized orthopedic pillow comprising:
At least one foam piece (4 and 6);
wherein the size, shape and density of at least one foam piece is determined by information about the consumer (see Col. 4, Lines 20-38 and Col. 7, Lines 7-26);
wherein at least one foam piece is composed of a polyurethane foam (see Col. 4, Lines 20-24).
Dixon fails to disclose the polyurethane foam containing copper and further covered with a layer of gel containing silver. Manuszak teaches a polyurethane foam (see para. [0032]) containing copper (see para. [0070]). Dixon and Manuszak are analogous art because they are from the same field of endeavor, i.e. pillows. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the polyurethane foam of Dixon with the copper of Manuszak. The motivation would have been to inhibit moisture and mold growth. Pan further teaches a pillow further covered with a layer (21) of gel containing silver (see “one side of the cotton cloth is provided with nano-silver antibacterial gel” in English translation). Dixon and Pan are analogous art because they are from the same field of endeavor, i.e. pillows. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the pillow of Dixon with the layer of gel containing silver of Pan. The motivation would have been to provide a sweat-absorbing antibacterial layer, thus preventing bacteria from accumulating on the surface that contacts a user’s head.
Regarding Claim 7, Dixon discloses wherein the information includes whether the consumer prefers to sleep in a lateral sleeping position, a supine sleeping position, or a mixture of both (see Col.1, Lines 35-45).
Regarding Claim 8, Dixon discloses wherein the information is generated from input by the consumer (see Col. 4, Line 62- Col. 5, Line 10).
Regarding Claim 9, Dixon discloses wherein a foam piece consists of a sloped section containing an indentation in the center to place a sleeper's neck and a divot to rest the head (see annotated Fig. 1 below).
Regarding Claim 10, Dixon discloses wherein a foam piece consists of a curved section to place a sleeper's neck indent and a divot to rest the head (see annotated Fig. 1 below).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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/ERIC J KURILLA/ Primary Examiner, Art Unit 3619
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