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 .
Response to Amendments and Arguments
The amendments, filed March 2, 2026, have been entered. Claim 2 has been cancelled. Claim 10 has been added. Claims 1 and 8 have been amended. Claims 1 and 3-10 are currently pending in the application.
Applicant argues, on pages 4-5 of Applicant’s remarks, that the previously cited prior art of Augustine (U.S. Publication No. 2010/0101418) and Zaiss (U.S. Publication No. 2019/0133332) does not sufficiently disclose, teach, or suggest the newly amended subject matter of the pillow and slipcover being configured to allow support for a head of a user to come from the pillow and not the slipcover. Upon further review of the prior art, Examiner respectfully disagrees. As discussed in further detail below, the inflatable air plenum is now cited for the pillow. The air plenum (shown in Augustine, Figure 9) is able to be taken out or removed from the plenum pocket 706 and is inflated to provide support for a user’s head, thereby defining the claimed pillow (see Augustine, paragraph 0061, also see Figure 9 and paragraphs 0065-0066).
Applicant additionally argues, on page 6 of Applicant’s remarks, that the previously cited prior art of Watkins (U.S. Patent No. 5,305,483) in view of Aihara (U.S. Patent No. 5,265,506) does not sufficiently disclose, teach, or suggest the newly amended subject matter of the pattern being formed within the slipcover in a single pressing, the exhaust holes having no frayed fibers and are uniform in circumference. Examiner respectfully disagrees. With regard to the circumference, the figures of Watkins show the exhaust holes 6 being uniform and arranged in a series of rows and columns (see Watkins, Figures 1-2). Aihara additionally teaches that the heat press 1 may be used to form circular holes, and Figures 1-2 show the pins to be of the same size and uniformly placed around the heated press 1 (see Aihara, Col. 5, lines 53-59, Figures 1-2). Additionally, the sheet of Aihara comprises a polymer film, and the pins 12 are heated to melt the films at predetermined points. Polymer films are well known in the art and do not comprise fibers which can be frayed. Additionally, even if any fibers were present the heated pins 12 of Aihara would melt the film, such that any material in the perforations would be melted away at the time of manufacturing. Additionally, while Aihara teaches a heated roller which presses the polymer sheet as it runs over the roller, instead of something like a stamp, the film only passes through the heated roller 1 a single time to form the openings, and, therefore, Aihara teaches the pattern being formed in a single pressing (Figure 2, where the sheet 3 is run through only one roller 1).
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.
Claims 1, 3-4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Augustine (U.S. Publication No. 2010/0101418) in view of Zaiss (U.S. Publication No. 2019/0133332).
Regarding claim 1, Augustine discloses an active cooling pillow system comprising: a slipcover 702 having a first end (defined by the end comprising openings 716 and 714, Figure 7), a second end (defined by the end comprising opening 710, Figure 7), a top surface (defined by the uppermost layer above the plenum pocket 6, as shown in Figure 7), and a bottom surface (defined by the surface which comprises opening 708, Figure 7), wherein the first end has a hose connection port 714 disposed therein (paragraph 0062 and Figure 7), and the second end has a pillow insertion opening 710 (paragraph 0061 and Figure 7), and further wherein at least the top surface or the bottom surface is air permeable (paragraph 0061); an exhaust hose 814 (Figure 8 and paragraph 0064); a pillow (defined by the air plenum inserted into the air plenum pocket 706 (see paragraph 0061, also see Figure 9 and paragraphs 0065-0066) inserted within the slipcover 702, wherein the slipcover 702 is structured and configured to compress, allowing support for a head of a user to come from the pillow and not the slip cover (paragraphs 0032 and 0065-0067); and an exhaust fan (paragraph 0061 and 0064).
Augustine does not disclose wherein at least the top surface or the bottom surface include a pattern of exhaust holes.
Zaiss teaches wherein at least the top surface 34 or the bottom surface 36 include a pattern of exhaust holes 54 and 60 (Figure 3 and paragraphs 0043-0044).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Augustine (directed to a pillow for producing air flow) with Zaiss (directed to a pad for producing air flow) such that at least the top surface or the bottom surface include a pattern of exhaust holes. One of ordinary skill in the art would have been motivated to do so because the exhaust holes of Augustine allow for air to be directed and exhausted to specific points near a user (paragraph 0044).
Regarding claim 3 Augustine, as modified, discloses the subject matter as discussed above with regard to claim 1. Augustine, as modified, further discloses wherein both the top surface 34 and the bottom surface 36 include the pattern of exhaust holes (see Zaiss, Figure 3 and paragraphs 0043-0044).
Regarding claim 4, Augustine, as modified, discloses the subject matter as discussed above with regard to claim 1. Augustine, as modified, does not disclose wherein a pillowcase encloses the slipcover.
Zaiss teaches wherein an outer cover 22 encloses the inner cover 20 (paragraphs 0025-0026 and Figures 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Augustine, as modified, (directed to a pillow for producing air flow) with Zaiss (directed to a mattress pad for producing air flow) such that a pillowcase encloses the slipcover. One of ordinary skill in the art would have been motivated to do so because the cover of Augustine protects the cushion from moisture such as sweat and helps to concentrate air flow where it is need (paragraphs 0025-0026).
Regarding claim 6, Augustine, as modified, discloses the subject matter as discussed above with regard to claim 1. Augustine, as modified, further discloses wherein the exhaust hose 814 has a first connection (defined by the end shown in Figure 8, where the hose enters the opening 810) and a second connection (paragraphs 0064, where the end of the hose which attaches to the blower comprises the second end, also see Figure 5 which shows the connections of hose 510 from an air blower to the pillow).
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Augustine in view of Zaiss and further in view of Mikkelson (U.S. Publication No. 2012/0017376).
Regarding claim 5, Augustine, as modified, discloses the subject matter as discussed above with regard to claim 1. Augustine, as modified, does not disclose wherein the exhaust fan provides a flow rate of about 188m3/h to about 280m3/h.
Mikkelson teaches wherein the exhaust fan 518 provides a flow rate of about 188m3/h to about 280m3/h (paragraph 0135, where the fan 518 can produce a flow rate as high as 200 CFM, or 339.8 m3/h, and as low as 5 CFM, or 8.49 m3/h).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Augustine, as modified, (directed to a pillow for producing air flow) with Mikkelson (directed to a mattress for producing air flow) such that the exhaust fan provides a flow rate of about 188m3/h to about 280m3/h. One of ordinary skill in the art would have been motivated to do so because the flow rate of Mikkelson provides sufficient airflow to move air towards a user to adjust the humidity and/or temperature of the mattress (paragraphs 0135-0136).
Regarding claim 10, Augustine, as modified, discloses the subject matter as discussed above with regard to claims 1 and 5. Augustine, as modified, wherein the exhaust fan (see Augustine, paragraphs 0061 and 0064) is structured and configured to provide a flow rate that does not inflate the slipcover 702 to provide support for the head of the user (see Augustine, paragraphs 0032 and 0065-0067 and Figure 10, where the insertable air plenum is inflated by the exhaust fan, not the slipcover itself).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Augustine in view of Zaiss and further in view of Griffith (U.S. Patent No. 11,553,802).
Regarding claim 7, Augustine, as modified, discloses the subject matter as discussed above with regard to claim 1. Augustine, as modified, does not disclose wherein the first connection has a larger diameter than the second connection.
Griffith teaches wherein the first connection 74 has a larger diameter than the second connection 84 (Figures 3 and 11a and Col. 9, lines 4-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Augustine, as modified, (directed to a pillow for producing air flow) with Griffith (directed to a mattress pad for producing air flow) such that the first connection has a larger diameter than the second connection. One of ordinary skill in the art would have been motivated to do so because the wider outlet defined by the first connection allows for air to be directed at different angles into more areas of the cushion (Col. 9, lines 4-8).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Watkins (U.S. Patent No. 5,305,483) in view of Aihara (U.S. Patent No. 5,265,506).
Regarding claim 8, Watkins (U.S. Patent No. 5,305,483) discloses a method of generating an active cooling pillow system 1 (Figure 1 and Col. 1, lines 57-61) comprising a slip cover 4 further comprising a pattern of exhaust holes 6 into the slipcover 4, and further wherein the exhaust holes are uniform in circumference (Figure 1).
Watkins does not disclose the method comprising the following steps: providing a heat press having a series of accessory pins; placing a slipcover into the heat press; transferring heat generated by the heat press to the series of accessory pins; engaging the series of accessory pins with the slipcover; generating a pattern of exhaust holes into the slipcover, wherein the pattern is formed within the slipcover in a single pressing, and the exhaust holes have no frayed fibers; and disengaging the slipcover from the heat press.
Aihara teaches the method of providing a heat press 1 having a series of accessory pins 12 (Figure 2 and Col. 3, lines 58-Col. 4, lines 5); placing a sheet 3 into the heat press 1 (Figure 2 and Col. 4, lines 8-27); transferring heat generated by the heat press 1 to the series of accessory pins 12 (Col. 4, lines 3-7); engaging the series of accessory pins 12 with the slipcover 3 (Figure 2, Col. 3, lines 58-Col. 4, line 27); generating a pattern of exhaust holes 104 (Figure 3) into the sheet 3 wherein the pattern is formed within the slipcover in a single pressing (Figure 2, where the sheet 3 is run through only one roller 1), and the exhaust holes have no frayed fibers and further (Col. 5, lines 33-43, where polymer films are used in the method of Aihara, such that they do not comprise fibers); and further wherein the exhaust holes are uniform in circumference (Col. 5, lines 53-59, where the heat press of Aihara may be used to form a film with circular holes, and Figures 1-2, where the pins 12 are shown to be the same size and placed uniformly around the heat press 1), and disengaging the sheet 3 from the heat press 1 (Figure 2, Col. 3, lines 58-Col. 4, line 27).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Watkins, as modified, (directed to a pillow for producing air flow comprising a perforated cover) with Aihara (directed to a method of forming a perforated sheet) such that the method comprises providing a heat press having accessory pins; placing a slipcover into the heat press; engaging the series of heated accessory pins with the slipcover thereby generating a pattern of exhaust holes into the slipcover wherein the pattern is formed within the slipcover in a single pressing, and the exhaust holes have no frayed fibers. One of ordinary skill in the art would have been motivated to do so because the method of Aihara provides the well-known process of using a heated roller to form perforations in sheets while also being able to reduce the damage to these sheets when the sheet is removed from the rollers, improving efficiency and reducing costs (Col. 1, lines 53-59).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Watkins in view of Aihara and further in view of Augustine.
Regarding claim 9, Augustine, as modified, discloses the subject matter as discussed above with regard to claim 1. Augustine, as modified, further discloses wherein the slipcover 4 comprises a first end (being defined by the right side end comprising opening 17, Figure 2), a second end (being defined by the left side end opposite opening 17, Figure 2), a top surface (comprising the surface of the cover 4 comprising the exhaust holes 6, Figure 2), and a bottom surface (defined by the surface opposite which lays opposite to the surface comprising the exhaust holes 6, Figure 2), wherein the first end has a hose connection port 17 disposed therein (Figure 2 and Col. 3, lines 39-45).
Watkins, as modified, does not disclose wherein the second end has a pillow insertion opening.
Augustine teaches wherein the second end (defined by the end comprising opening 710, Figure 7) has a pillow insertion opening (paragraph 0061 and Figure 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Watkins, as modified, with Augustine (both being directed to a pillow for producing air flow comprising a perforated cover) such that the second end has a pillow insertion opening. One of ordinary skill in the art would have been motivated to do so because the opening of Augustine provides access to the interior of the pillow (paragraph 0062).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
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/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679