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 § 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) 1-3, 7-8, 10-13, 17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2019/0343305 to Cubbler in view of U.S. Pub. No. 2019/0290034 to Beyda et al, and further in view of U.S. Pat. No. 20140261193 to Smith.
Claim 1 and 11, Cubbler discloses a multilayered pillowcase comprising a first top panel layer 1; a second contiguous top panel layer 4; and a bottom layer 2 wherein the first top layer and the second contiguous top layer are connected along two long edges [0029]. Cubbler is silent to the top layer and bottom layer being a polyester mesh. Beyda discloses an outer layer formed from a polyester mesh material [0017]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the polyester mesh material of Beyda with the first top and bottom panel layer of Cubbler with a reasonable expectation of success because it would have formed a moisture wicking fabric that wicks moisture away and keeps the user’s skin cool. Cubbler is silent to the second contiguous top layer comprising a polyurethane laminate. Smith discloses an inner layer having an outer surface that is laminated with a polyurethane laminate [Abstract]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine outer surface of the third panel layers of Cubbler with the polyurethane laminate of Smith with a reasonable expectation of success because it would have allowed the inner layer to be breathable and prevent moisture from entering an interior of the pillow.
Claim 2, Cubbler discloses the pillowcase wherein the first top layer is adjacent to a top exterior of the pillowcase (fig. 1).
Claim 3, Cubbler discloses the pillowcase wherein the bottom layer and the second contiguous top layer are connected along two long edges and a short edge (fig. 1).
Claims 7, Cubbler discloses the pillowcase wherein the second contiguous top layer and the bottom layer form an opening capable of receiving a pillow (fig. 1).
Claims 8 and 13, Cubbler discloses the pillowcase, but is silent to a collar. Smith discloses a collar defined by a flap 22 that overlaps an edge of the pillowcase. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the flap of Smith width the pillow case of Cubbler with a reasonable expectation of success because it would have secured the pillow within the pillow case of Cubbler.
Claims 10 and 19, Cubbler is silent to additional third top layer, second bottom, and third bottom layers. Selecting additional fabric layers in a multi layered pillow is considered an obvious modification, and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select additional second and third bottom layers with the multi-layered pillow case of Cubbler with a reasonable expectation of success because it would have provided an equivalent and alternative multi-layered pillow case with an additional fabric material to prevent inhalation or contact with germs, viruses, body fluids, and other blood-borne pathogens on pillows as taught by Cubbler [0002]. Cubbler is silent to the third bottom layer comprising a polyurethane laminate material. Smith discloses an inner layer having an outer surface that is a polyurethane laminate material. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the polyurethane laminate material of Smith with the layer of Cubbler with a reasonable expectation of success because it would have allowed the inner layer to be breathable and prevent moisture from entering an interior.
Claim 12, Cubbler discloses the pillowcase wherein the second contiguous top layer and the bottom layer are unconnected along a common edge, the common edge adapted to receive said pillow [0029]-[0031].
Claim 17 and 20, Cubbler discloses all of the structural limitations as stated above wherein the first top layer, the second contiguous top layer, the third contiguous top layer, and the bottom layer are connected to form at least one short edge (fig. 1).
Claim(s) 4-6, 9, 14-16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2019/0343305 to Cubbler in view of U.S. Pub. No. 2019/0290034 to Beyda et al, U.S. Pat. No. 20140261193 to Smith, and further in view of U.S. Pub. No. 2015/0306839 to Beliveau.
Claims 4, 9, 14, and 18, Cubbler is silent to additional third top layer and second bottom. Selecting additional fabric layers in a multi layered pillow is considered an obvious modification, and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select additional second and third bottom layers with the multi-layered pillow case of Cubbler with a reasonable expectation of success because it would have provided an equivalent and alternative multi-layered pillow case with an additional fabric material to prevent inhalation or contact with germs, viruses, body fluids, and other blood-borne pathogens on pillows as taught by Cubbler [0002]. Cubbler is silent to the layers comprising polyester nylon wicking microsuede. Beliveau discloses a composite textile having a layer comprised of a wicking nylon micro-suede material [0013]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the nylon wicking microsuede material of Beliveau with the third contiguous panel layer of Cubbler with a reasonable expectation of success because it would have allowed the layer to be breathable and provide a wicking effect that allows greater air exchange and acts against heat and moisture related discomfort.
Claims 5 and 15, Cubbler, as modified, discloses the pillowcase wherein the third contiguous top layer is between the first top layer and the second contiguous top layer].
Claims 6 and 16, Cubbler, as modified, discloses the pillowcase wherein the first top layer, the second contiguous top layer, and the third contiguous top layer are connected along the two long edges [0029]-[0031].
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
U.S. Pub. No. 2013/0042410 to Bice discloses a pillow having a plurality of layers.
U.S. Pub. No. 4,864,669 to Jones discloses a pillow having a plurality of layers.
Conclusion
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3673