DETAILED ACTION
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 .
Specification
The disclosure is objected to because of the following informalities: In paragraph [0004], “preset” should read –present—and “few of kinds” should read –few kinds--. Paragraph [0012] discloses “two groups of the first connecting portions and two groups of the second connecting portions are comprised” but fails to disclose what they are comprised of.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “elastic connector” in claim 2, “anti-separation structures” in claim 5 and “a chin supporting sub-portion, a lower jaw supporting sub-portion, a front neck connecting and supporting sub-portion, a rear neck connecting and supporting sub-portion, a supporting sub-portion” and “a shoulder supporting structure” in claim 8.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 6 and 7 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.
Claim 6 discloses “two groups of the first connecting portions (312) and two groups of the second connecting portions (322) are comprised” but fails to disclose what they are comprised of, rendering the claim indefinite.
With regard to claim 7, in that claim 7 depends from claim 6, claim 7 is similarly rejected.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over USP 3,776,224 McFarland hereinafter) in view of USPAP 2024/0148170 (Sternlight et al. hereinafter).
With regard to claim 1, McFarland discloses a travel pillow, comprising: an inner support (Fig. 1), the inner support (Fig. 1) comprises a first support (72) and a second support (10); and the first support (72) and the second support (10) are configured to be elastically adaptively connected to each other in a supporting direction.
McFarland does not disclose a lashing strap, a pillowcase wherein the inner support is received in the pillowcase, a first end of the lashing strap is fixedly connected to the inner support through the pillowcase, a second end of the lashing strap opposite to the first end is detachably connected to the first end.
Sternlight et al. teaches a neck pillow (100) having a lashing strap (210), a pillowcase (206) wherein an inner support (204) is received in the pillowcase (206), a first end of the lashing strap (210) is fixedly connected (217) to the inner support (204) through the pillowcase (206), a second end of the lashing strap (210) opposite to the first end is detachably connected to the first end (paragraph [0048]).
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus of McFarland by providing a lashing strap, a pillowcase wherein the inner support is received in the pillowcase, a first end of the lashing strap is fixedly connected to the inner support through the pillowcase, a second end of the lashing strap opposite to the first end is detachably connected to the first end as taught in Sternlight et al. for the purposes of providing a soft surface for the user’s face and head (paragraph [0049] of Sternlight et al.) and to allow for tightening and securing the pillow (paragraph [0042] of Sternlight et al.).
With regard to claim 2, the McFarland modification with regard to claim 1 discloses the travel pillow according to claim 1, wherein the inner support (Fig. 1) further comprises an elastic connector (Fig. 3 of McFarland) arranged between the first support (72) and the second support (10).
With regard to claim 3, the McFarland modification with regard to claim 1 discloses the travel pillow according to claim 2, wherein the first support (72) and the second support (10) are respectively provided with a first supporting portion (59, 64) and a second supporting portion (11, 12) which face away from each other, and are respectively provided with a first connecting portion (37, 38) and a second connecting portion (20, 32) which face each other; and the elastic connector (Fig. 3 of McFarland) is adaptively connected between the first connecting portion (37, 38) and the second connecting portion (20, 32).
With regard to claim 4, the McFarland modification with regard to claim 1 discloses the travel pillow according to claim 3, wherein the first connecting portion (37, 38) and the second connecting portion (20, 32) are of sleeve structures; the first connecting portion (37, 38) and the second connecting portion (20, 32) are respectively provided with a first receiving hole and a second receiving hole; and two ends of the elastic connector (Fig. 3 of McFarland) are respectively pressed and received in the first receiving hole and the second receiving hole (Fig. 6 and col. 4 lines 32-40).
With regard to claim 5, the McFarland modification with regard to claim 1 discloses the travel pillow according to claim 3, wherein the first connecting portion (37, 38) and the second connecting portion (20, 32) are provided with corresponding anti-separation structures (28, 36).
With regard to claim 6, insofar as claim 6 is definite, the McFarland modification with regard to claim 1 discloses the travel pillow according to claim 3, wherein two groups of the first connecting portions (37, 38) and two groups of the second connecting portions (20, 32) are comprised, which are respectively located at two end portions vertical to the supporting direction.
With regard to claim 7, insofar as claim 7 is definite, the McFarland modification with regard to claim 1 discloses all of the limitations except for wherein a third connecting portion and a fourth connecting portion which face each other are further respectively arranged in the middle of the first support and the middle of the second support; and the first end of the lashing strap is fixedly connected to the third connecting portion and/or the fourth connecting portion.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to add third and fourth connecting portions, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378.
It would have been obvious to one having ordinary skill in the art to assemble the apparatus of the McFarland modification with regard to claim 1 by providing that the first end of the lashing strap is fixedly connected to the third connecting portion and/or the fourth connecting portion since it is one of a finite number of identifiable assembly methods which results in the McFarland modification with regard to claim 1 structure as a predictable solution with a reasonable expectation of success.
With regard to claim 8, the McFarland modification with regard to claim 1 discloses the travel pillow according to claim 3, wherein the first supporting portion (59, 64) is of a head supporting structure, and at least comprises one of the following: a chin supporting sub-portion, a lower jaw supporting sub-portion, a front neck connecting and supporting sub-portion, a rear neck connecting and supporting sub-portion, a supporting sub-portion for the back side of the head; and/or,
the second supporting portion (11, 12) is of a shoulder supporting structure.
With regard to claim 9, the McFarland modification with regard to claim 1 discloses the travel pillow according to claim 2, wherein the elastic connector (Fig. 3 of McFarland) comprises a spring or an elastic material rod; and/or,
the pillowcase (206) is provided with an opening; and the lashing strap (210) is clamped with the inner support (Fig. 1) through the opening and a connecting buckle (paragraph [0057] of Sternlight et al. discloses buckles as a strap attachment means).
With regard to claim 10, the McFarland modification with regard to claim 1 discloses the travel pillow according to claim 1, wherein the lashing strap (210) is provided with a loop fastener at the first end, and the lashing strap (210) is provided with a hook fastener, cooperates with the loop fastener, at the second end (paragraph [0057 of Sternlight et al.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPAP’s 2025/0143909, 2024/0058152, 2023/0284802, 2023/0284782, 2023/0284781, 2021/0275340, 2021/0052412, 2021/0030174, 2020/0221887, 2020/0060450, 2019/0038053, 2018/0289183, 2016/0007777, 2015/0245940, 2015/0150711 and 2012/0030876 as well as USP’s 8,769,745, 5,343,582, 2,820,455, 10,321,765 and 9,968,197 each disclose neck pillows with one of an interior structure and springs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R EASTMAN whose telephone number is (571)270-3132. The examiner can normally be reached M-F 9-5.
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 at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON R EASTMAN/Primary Examiner, Art Unit 3673