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 § 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.
Claims 1 and 5 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. The Applicant’s recitation “may be” fails to distinctly claim or particularly point out the claimed subject matter and renders the scope of the claim indefinite.
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) 1-4, 6-10, and 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,768,245 to Dutton
Claims 1, 15, 17, Dutton discloses a pillow and method of forming a pillow comprising a first side 14; a second side 12 having generally the same size and shape as the first side, wherein the first side and second side are joined along respective peripheral edges (col. 2 lines 15-24); a first panel defined by a pocket 20 partially joined to the second side and partially overlaying the second side in a first region, wherein the partial joining of the first panel to the second side forms a first storage compartment accessible from a first medial opening along a vertical axis of the pillow, wherein one or more articles capable of being frictionally stored within the storage compartment, and subsequently accessed, via the medial opening of the storage compartment capable of having a closure (fig. 1)(col. 2 lines 21-39). Dutton is silent to a second panel. Duplicating pockets 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 duplicate an additional pocket on the other side of the pillow of Dutton with a reasonable expectation of success because it would have allowed the storage of additional items.
Claim 2-4, Dutton, as modified, discloses the pillow wherein the pillow contains a stuffing material inherently having weight and a first side and second side are formed from a flexible material, but is silent to the material being soft and fuzzy, machine-washable. Selecting from a plethora of 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 soft, fuzzy, machine washable materials for the pillow of Dutton with a reasonable expectation of success because it would have provided an equivalent and alternative material for the pillow of Dutton.
Claims 6-7, Dutton discloses the pillow wherein the joining of the first side and the second side forms a cavity, and wherein the cavity is stuffed with a fill material 15.
Claim 8, Dutton discloses the pillow wherein the first panel is joined to the second side along peripheral edges of the first panel and peripheral edges of a first portion of the second side, and the second panel is joined to the second side along peripheral edges of the second panel and peripheral edges of a second portion of the second side (col. 2 lines 15-24).
Claim 9, Dutton discloses the pillow wherein the first medial opening is positioned substantially along a vertical center line of the second side (fig. 1).
Claim 10, Dutton discloses the pillow wherein the first panel includes a reinforced edge 21 along the first medial opening (fig. 1).
Claim 13, Dutton discloses the pillow wherein a releasable fastening device is integrated within at least one of the first or second storage compartment (col. 2 lines 21-39).
Claims 14 and 18, Dutton, as modified, discloses the pillow and method further comprising a reusable cloth defined by a terry cloth protector capable of being releasably secured to an interior portion of the storage compartment via the releasable fastening device.
Claim 16, Dutton, as modified, discloses the method further comprising positing the first medial opening and the second medial opening substantially adjacent one another along a vertical center line of the second side.
Claim(s) 5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,768,245 to Dutton in view of U.S. Pat. No. 5,363,523 to Blackburn.
Claims 5 and 20, Dutton discloses the pillow, but is silent to the weighted material being concentrated in a region of the comfort pillow. Blackburn discloses a weighted material 130 being concentrated in a region. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the weighted material disclosed in Blackburn with the pillow of Dutton with a reasonable expectation of success because it would have allowed the application of pressure to the chest.
Claim(s) 11-12 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,768,245 to Dutton in view of U.S. Pat. No. 5,572,757 to O’Sullivan.
Claim 11-12 and 19, Dutton discloses the pillow wherein an interior surface of the first panel and an exterior surface of the portion of the second side are lined with a smooth material. O’Sullivan discloses a pillow having a panel having defined by a sleeve lined with a smooth material (col. 4 lines 37-51). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to line the inside of the enclosure as disclosed in O’Sullivan with pillow of Dutton with a reasonable expectation of success because it would have provided a protector for the pillow.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Des. No. D628,423 to Kratzer discloses a pillow having a pocket.
U.S. Pat. No. 5,898,962 to McNeal discloses a pillow having pockets.
Conclusion
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.
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, Justin C. Mikowski can be reached on (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FREDRICK C CONLEY/Primary Examiner, Art Unit 3673