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 .
Election/Restrictions
Claims 7, 11-14 and 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 23, 2025. The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 1 is objected to because of the following informalities: In claim 1, line 17, “fastener positioned” should read –fastener is positioned--. Appropriate correction is required.
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) 1-6, 8-10, 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPAP 2020/0214452 (Dupré hereinafter) in view of USPAP 2020/0288877 (Duong hereinafter).
With regard to claim 1, Dupré discloses a travel pillow reusable cover comprising:
a cover;
an inner cavity (46);
a top cover portion (80);
a bottom cover portion (82);
an inner surface (14); and
an outer surface (86-88);
wherein said inner surface (14) circumscribes a neck opening;
wherein said outer surface (86-88) forms an outer periphery of said cover;
wherein said top cover portion (80) and said bottom cover portion (82) are sewn together along said inner surface (14);
wherein said top cover portion (80) and said bottom cover portion (82) having a fastener (75) along said outer surface (86-88);
wherein said fastener (75) is selectively unfastenable for separating said top cover portion (80) from said bottom cover portion (82) along said outer surface (86-88) for accessing said inner cavity (46) of said cover for storing a travel pillow and accessing the travel pillow; and
further wherein said fastener (75) is positioned on said outer surface (86-88).
Dupré does not disclose wherein said top cover portion (80) and said bottom cover portion (82) having a fastener (75) along said outer surface (86-88) from a first leg outer end to a second leg outer end.
Duong teaches a U-shaped pillow with a top cover portion and a bottom cover portion (Fig. 3) having a fastener (43) along an outer surface (Fig. 3) from a first leg outer end to a second leg outer end.
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 Dupré by providing that the top cover portion (80) and said bottom cover portion (82) have a fastener (75) along said outer surface (86-88) from a first leg outer end to a second leg outer end as taught in Duong et al. for the purposes of making it convenient to remove the pillow, allowing the cover to be washed (paragraph [0039] of Duong).
With regard to claim 2, the Dupré modification with regard to claim 1 discloses the travel pillow reusable cover of claim 1, wherein said cover having a material selected from the group consisting of a silk and a polyester (paragraph [0067] of Dupré).
With regard to claim 3, the Dupré modification with regard to claim 1 discloses the travel pillow reusable cover of claim 1, wherein said cover having a material selected from the group consisting of a cotton and a wool (paragraph [0067] of Dupré).
With regard to claim 4, the Dupré modification with regard to claim 1 discloses the travel pillow reusable cover of claim 2, wherein said fastener is a zipper fastener (75).
With regard to claim 5, the Dupré modification with regard to claim 1 discloses the travel pillow reusable cover of claim 4, wherein said material is stretchable (paragraph [0066] of Dupré).
With regard to claim 6, the Dupré modification with regard to claim 1 discloses the travel pillow reusable cover of claim 5, wherein said zipper (75) extends from said first leg outer end to said second leg outer end.
With regard to claim 8, in that claim 8 is substantially the same as claim 4, claim 8 is similarly rejected.
With regard to claim 9, in that claim 9 is substantially the same as claim 2, claim 9 is similarly rejected.
With regard to claim 10, in that claim 10 is substantially the same as claim 3, claim 10 is similarly rejected.
With regard to claim 15, the Dupré modification with regard to claim 1 discloses a method of covering a travel pillow with a reusable cover, the method comprising the steps of:
providing a cover having an inner cavity (46), a top cover portion (80), a bottom cover portion (82), an inner surface (14), and an outer surface (86-88), wherein said inner surface (14) circumscribes a neck opening, and wherein said top cover portion (80) and said bottom cover portion (82) having a fastener (75) along said outer surface (86-88) from a first leg outer end to a second leg outer end;
forming an outer periphery of said cover with said outer surface (86-88);
separating said top cover portion (80) from said bottom cover portion (82) with said fastener (75) along said outer surface (86-88), wherein said fastener (75) positioned on said outer surface (86-88), and wherein said fastener (75) is a zipper fastener;
accessing said inner cavity (46) of said cover; and
storing a travel pillow inside said inner cavity (46).
With regard to claim 16, in that claim 16 is substantially the same as claim 2, claim 16 is similarly rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP’s 8,887,333 and 10,722,054 as well as USPAP’s 2025/0331658, 2021/0127867, 2021/0100382, 2020/0113339, 2018/0310731, 2014/0007351 and 2014/0000036 each disclose pillows similar to that claimed.
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.
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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