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 extension member and the pillowcase being substantially the same size 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.
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.
Claim 5 is 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 5 discloses an “envelope closure”. This type of closure is unknown and not made clear by Applicant in the Specification, thus rendering the claim indefinite.
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) 1-11, 14 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USP 5,147,110 (Syers hereinafter).
With regard to claim 1, Syers discloses a pillowcase comprising:
a loop (10) with at least one open end configured to accommodate a pillow (12);
an extension member (4) that extends from the loop (10), wherein the extension member (4) is configured to be placed between a bed frame and a mattress of an articulating bed. It is well settled that it is possible for functional language to define structure, but that where no distinguishing structure has been defined, the claim is not patentable and is fully met by the reference. See In re Swinehart, 169 USPQ 226. See also General Electric v. United States, 198 USPQ 73 which further reinforced the concept that functional language which defines no structure cannot distinguish over the prior art.
With regard to claim 2, Syers discloses the pillowcase of claim 1, wherein a length of the extension member (4) is at least two times longer than a length of the loop (10).
With regard to claim 3, Syers discloses the pillowcase of claim 1, wherein the loop (10) comprises a first open end and a second open end opposite the first open end.
With regard to claim 4, Syers discloses the pillowcase of claim 1, wherein the loop (10) comprises a first open end and a second closed end (col. 5, lines 15-25).
With regard to claim 5, insofar as claim 5 is definite, Syers discloses the pillowcase of claim 4, wherein the first open end comprises an envelope closure.
With regard to claim 6, Syers discloses the pillowcase of claim 1, wherein the pillowcase is a single piece of material (col. 3 lines 8-15).
With regard to claim 7, Syers discloses the pillowcase of claim 6, wherein the single piece of material folds back on itself at a first longitudinal end of the material, and wherein the first longitudinal end is coupled to the material to form the loop (10) (col. 3 lines 8-15, Fig. 1).
With regard to claim 8, Syers discloses the pillowcase of claim 1, wherein the loop (10) and the extension member (4) are separate components that are coupled together (col. 3 lines 8-15).
With regard to claim 9, Syers discloses the pillowcase of claim 8, wherein the loop (10) and the extension member (4) are removably coupled together (col. 3 lines 8-15).
With regard to claim 10, Syers discloses the pillowcase of claim 1, wherein the pillowcase is fabricated from a disposable material.
With regard to claim 11, Syers discloses a pillowcase system comprising:
a pillowcase configured to receive a pillow (12);
an extension member (4) that is attachable to the pillowcase;
wherein a longitudinal length of the extension member (4) extends in a direction substantially perpendicular to a longitudinal length of the pillowcase.
With regard to claim 14, Syers discloses the pillowcase system of claim 11, wherein the extension member (4) comprises a single layer of material (col. 3 lines 8-15).
With regard to claim 16, Syers discloses the pillowcase system of claim 11, wherein the extension member (4) and the pillowcase are interchangeable. Because the extension piece of Syers also has an area capable of receiving a pillow, the extension piece and the pillowcase are interchangeable.
With regard to claim 17, Syers discloses the pillowcase system of claim 16, wherein the extension member (4) and the pillowcase each comprise one or more adhesive strips. These adhesive strips exist as a portion of the hook and loop strips that are used on both the pillowcase and the extension piece (col. 4, lines 1-22).
With regard to claim 18, Syers discloses the pillowcase system of claim 11, wherein the pillowcase and the extension member (4) are each fabricated from a disposable material.
With regard to claim 19, Syers discloses a method of forming a pillowcase, comprising:
obtaining a pillowcase configured to receive a pillow (12);
obtaining an extension member (4) that is attachable to the pillowcase;
coupling a lateral end of the extension member (4) to the pillowcase such that a longitudinal length of the extension member (4) extends in a direction substantially perpendicular to a longitudinal length of the pillowcase.
With regard to claim 20, Syers discloses the method of claim 19, wherein the extension member (4) and the pillowcase are interchangeable, and wherein the extension member (4) and the pillowcase each comprise one or more adhesive strips.
Claim(s) 11, 15, 16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 14,561 (Bennett hereinafter).
With regard to claim 11, Bennett discloses a pillowcase system comprising:
a pillowcase (left pillowcase and half of the connecting piece of fabric, Fig. 1) configured to receive a pillow;
an extension member (right pillowcase and other half of the connecting piece of fabric, Fig. 1) that is attachable to the pillowcase;
wherein a longitudinal length of the extension member extends in a direction substantially perpendicular to a longitudinal length of the pillowcase.
With regard to claim 15, Bennett discloses the pillowcase system of claim 11, wherein the extension member and the pillowcase each comprise a rectangular shape and the extension member and the pillowcase are substantially the same size (Fig. 1).
With regard to claim 16, Bennett discloses the pillowcase system of claim 11, wherein the extension member and the pillowcase are interchangeable.
With regard to claim 18, Bennett discloses the pillowcase system of claim 11, wherein the pillowcase and the extension member are each fabricated from a disposable material.
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Syers.
With regard to claim 12, Syers discloses all of the limitations but does not explicitly disclose wherein the extension member comprises an adhesive that extends along one of the lateral ends of the extension member. When using adhesive backed hook and loop strips to secure areas as shown at 30, 31, 38 and 40 in Fig.’s 3 and 6 will inherently result in adhesive that extends along one of the lateral ends of the extension member.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Syers in view of USPAP 2021/0212416 (Rodon Vinals et al. hereinafter).
With regard to claim 13, the Syers modification with regard to claim 12 discloses all of the limitations except for wherein the adhesive comprises a release liner that covers the adhesive to prevent premature adhering of the extension member prior to attaching to the pillowcase.
Rodon Vinals et al. teaches a hook and loop fastener material wherein each of the hook and loop components are backed with a release liner (22, 24) prior to use.
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 Syers by providing a release liner as taught in Rodon Vinals et al. for the purposes of overing the adhesive surfaces (paragraph [0003] of Rodon Vinals et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP’s 8,950,025, 12,042,051, 6,601,252, 6,363,554, 4,274,673, 8,607,382, 6,438,805 and 3,506,988 as well as USPAP’s 2008/0164734, 2025/0288136, 2025/0107646, 2024/0366000, 2024/0366909, 2024/0298824, 2024/0188737, 2017/0105555, 2016/0309928, 2013/0227784 and 2012/0186016 all 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.
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