Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/04/2026 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1, 3-9, and 11-18 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Pat. No. 2,818,063 to Smith et al. in view of U.S. Pub. No. 2012/0209160 to Thorgilsdottier et al.
Claim 1, Smith discloses a frame defined by a collar 10 comprising a first projection defined by a tongue 56 coupled to a second projection defined by a flap 60, the tongue and flap projections configured to cooperate and delineate a first concavity defined by an outside side edge; a third projection defined by a tongue 58 coupled to a fourth projection defined by a flap 62, the third and fourth projections configured to cooperate and delineate a second concavity defined by an outside side edge; and, an arcuate connector defined by a front portion 18 interposing and coupling the first projection to the second projection, the front portion delineating a third concavity (36,38, 40,42); wherein the collar is fabricated from a flexible plastic material capable of compressing under the weight of a user's head (col. 2 lines 9-13). Smith is silent to a longitudinally elongated aperture. Thorgilsdottier et al. discloses a frame having a longitudinally elongated orifice that is capable of extending partially around a user’s neck (fig. 7 & 11).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the longitudinally elongated aperture disclosed in Thorgilsdottier with the frame of Smith with a reasonable expectation of success because it would have provided access to the spine [0083]. Smith is silent to the plastic material being a resilient polymer. Selecting from a plethora of known plastic materials 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 a resilient polymer with the collar of Smith with a reasonable expectation of success because it would have provided and equivalent and alternative resilient material.
Claims 2 and 10, Smith discloses the frame wherein the front portion includes an orifice (24,64).
Claims 3 and 11, Smith, as modified, discloses the frame wherein the orifice of Thorgilsdottir is longitudinally elongated and has a length several times its height (fig. 7).
Claims 4 and 12, Smith, as modified, discloses the frame wherein the orifice of Thorgilsdottir includes a non-planar profile across two perpendicular planes (fig. 8 & 11).
Claims 5 and 13, Smith discloses the frame wherein the first outside side edge has a first arcuate profile; the second outside side edge has a second arcuate profile; the third concavity has a third arcuate profile; the third arcuate profile interposes the first and second arcuate profiles (fig. 3).
Claims 6 and 14, Smith discloses the frame wherein the first projection includes a first paddle section; the second projection includes a second paddle section; the first paddle section and the second paddle sections cooperating to delineate the first concavity/gap (fig. 3).
Claims 7 and 15, Smith discloses the frame wherein the third projection includes a third paddle section; the fourth projection includes a fourth paddle section; the third paddle section and the fourth paddle sections cooperating to delineate the second concavity/gap (fig. 3).
Claims 8, 16, and 18 Smith discloses the frame wherein the frame comprises a single plastic piece. With regards to the plastic being molded. It is well known that plastic is made by extracting crude oil and natural gas, refining them to produce smaller chemical molecules called monomers (like ethylene and propylene), and then chemically linking these monomers into long chains to form polymers during a process called polymerization. These polymers are then formed into plastic resin, often processed into pellets, and finally melted and molded into various plastic products.
Claims 9 and 17, Smith discloses a frame defined by a collar 10 comprising a connector defined by a front portion having a semi-circular profile demarcating a semi-circular shaped depression/concavity (36,38, 40,42)(fig. 1); a first limb defined by a tongue 56 connected to the connector; a second limb defined by a flap 60 connected to the connector and cooperating with the first limb to delineate a first gap/cup defined by an outside side edge therebetween, the second limb having mirrored symmetry with respect to the first limb; a third limb defined by a tongue 58 operatively coupled to the connector; and, a fourth limb defined by a flap 62 operatively coupled to the connector and cooperating with the third limb to delineate a second gap/cup defined by an outside side edge therebetween, the fourth limb having mirrored symmetry with respect to the third limb; wherein the frame is fabricated from a flexible plastic capable of providing increased deformation resistance as a weight applied to the frame increases (col. 2 lines 9-13). Smith is silent to a longitudinally elongated aperture. Thorgilsdottier et al. discloses a frame having a longitudinally elongated orifice that is capable of extending partially around a user’s neck (fig. 7 & 11). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the longitudinally elongated aperture disclosed in Thorgilsdottier with the frame of Smith with a reasonable expectation of success because it would have provided access to the spine [0083]. Smith is silent to the plastic material being a resilient polymer. Selecting from a plethora of known plastic materials 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 a resilient polymer with the Collar of Smith with a
reasonable expectation of success because it would have provided and equivalent and alternative resilient material.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-9, and 11-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2020/0359799 Hafsteinsson discloses a head support having a frame.
U.S. Pub. No. 2017/0071349 to Wong discloses a head support having longitudinally elongate apertures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3679
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