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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the triangular prisms (claims 5 and 20) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: Paragraphs [0004], [0027], [0036], [0043], [0049], [0054], [0057] and [0058] disclose one of “triangular grids”, “an array of triangles”, “a triangular array”, and “triangular prisms” as being shown in the Figures. The Figures however do not show any such “triangular grids”, “an array of triangles”, “a triangular array”, or “triangular prisms”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-12 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPAP 2018/0305199 (Pearce et al. hereinafter).
With regard to claim 1, Pearce et al. discloses a pillow (100), comprising:
a core cushion (106, 106A) comprising an outer surface and opposite side edges; and
at least one cushioning grid (102) superimposed with the outer surface of the core cushion (106, 106A) and comprising:
opposite side edges positioned adjacent to the opposite side edges of the core cushion (106, 106A), the opposite side edges of the at least one cushioning grid (102) defining a width (paragraph [0033]);
a central axis extending along the width (paragraph [0033]); and
a plurality of interconnected walls (124) defining a plurality of voids (126) and oriented over the outer surface, the plurality of interconnected walls (124) configured to collapse within the plurality of voids (126) when the opposite side edges of the at least one cushioning grid (102) are forced toward each other in a direction that is substantially parallel to the central axis to collapse the pillow (100).
With regard to claim 2, Pearce et al. discloses the pillow (100) of claim 1, wherein the core cushion (106, 106A) comprises a foam (paragraph [0065]).
With regard to claim 3, Pearce et al. discloses the pillow (100) of claim 1, wherein the plurality of interconnected walls (124) of the at least one cushioning grid (102) comprise an elastomeric gel (paragraph [0023]).
With regard to claim 4, Pearce et al. discloses the pillow (100) of claim 1, wherein the at least one cushioning grid (102) substantially lacks walls (124) that are parallel to the central axis across the width (paragraph [0033]) of the at least one cushioning grid (102) (Figure 4, wherein the width is left to right on the page).
With regard to claim 5, Pearce et al. discloses the pillow (100) of claim 4, wherein the plurality of interconnected walls (124) of the at least one cushioning grid (102) are arranged to form the plurality of voids (126) as at least one of:
an array of hexagonal prisms;
an array of rhomboid prisms.; or
an array of triangular prisms (paragraph [0042]).
With regard to claim 6, Pearce et al. discloses the pillow (100) of claim 1, wherein each wall (124) of the plurality of interconnected walls (124) is oriented along an axis that intersects the central axis.
With regard to claim 7, Pearce et al. discloses the pillow (100) of claim 1, wherein the plurality of interconnected walls (124) is oriented at an angle less than 90 degrees relative to the central axis (Fig. 7).
With regard to claim 8, Pearce et al. discloses the pillow (100) of claim 1, wherein the outer surface of the core cushion (106, 106A) includes oppositely facing major surfaces.
With regard to claim 9, Pearce et al. discloses the pillow (100) of claim 8, wherein the at least one cushioning grid (102) comprises:
a first cushioning grid (102) superimposed with a first major surface of the oppositely facing major surfaces (Fig.’s 11 and 12).
With regard to claim 10, Pearce et al. discloses the pillow (100) of claim 9, wherein the at least one cushioning grid (102) further comprises:
a second cushioning grid (102) superimposed with a second major surface of the oppositely facing major surfaces (Fig. 5).
With regard to claim 11, Pearce et al. discloses the pillow (100) of claim 1, wherein the at least one cushioning grid (102) substantially surrounds the outer surface of the core cushion (106, 106A).
With regard to claim 12, Pearce et al. discloses the pillow (100) of claim 1, further comprising:
a cover (104) over the core cushion (106, 106A) and carrying the at least one cushioning grid (102).
With regard to claim 17, Pearce et al. discloses a pillow (100), comprising:
a cushioning grid (102) including opposite side edges and a plurality of interconnected walls (124), wherein the plurality of interconnected walls (124) are oriented such that the plurality of interconnected walls (124) collapse without substantially increasing in thickness when at least one of the opposite side edges of the cushioning grid (102) is forced toward another of the opposite side edges to collapse the pillow (100).
With regard to claim 18, Pearce et al. discloses the pillow (100) of claim 17, wherein the plurality of interconnected walls (124) comprise an elastomeric gel (paragraph [0023]).
With regard to claim 19, Pearce et al. discloses the pillow (100) of claim 17, wherein none of the plurality of interconnected walls (124) are substantially parallel to a central axis across a width (paragraph [0033]) of the cushioning grid (102).
With regard to claim 20, Pearce et al. discloses the pillow (100) of claim 17, wherein the plurality of interconnected walls (124) are arranged to form at least one of:
an array of hexagonal prisms;
an array of rhomboid prisms; or
an array of triangular prisms (paragraph [0042]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPAP’s 2024/0081560, 2020/0390247, 2018/0078062, 2025/0289170, 2025/0151935, 2024/0251962, 2017/0254003 and 2020/0405082 as well as USP’s D991706, D990930, D959176, D917926, D909790, D909092, D1014135 and 10,772,445 each disclose pillows similar to that claimed.
Conclusion
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