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 .
Status of the Application
Claims 1-19 have been examined in this application. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 03/11/2025 has been acknowledged by the Office.
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(s) 12-13 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.
The term “comfort” in claims 12-13 is a relative term which renders the claim indefinite. The term “comfort” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term ‘comfort’ is not defined by the disclosure, further it does not define a precise numerical boundary making its meaning dependent on context, subjective interpretation and specific (often subjective) user experiences rather than objective, universally defined measurement. Comfort implies a user-dependent experience that varies from person to person. Therefore, it is suggested to ideally remove/change ‘comfort’ or define through the specification/claim how one can determine how the elastic comfort strap would be universally comfortable through use of a specific material.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bush et al., hereinafter 'Bush' (US 9332791 B1).
In regards to Claim 1, Bush teaches: A swaddle pillow (5 - Fig. 1), comprising: a pillow body (10 - Fig. 1) having a head end (see Fig. 5A showing head end) and a foot end (see Fig. 5A showing foot end); a depression (80 - Fig. 5A) formed in the pillow body that starts adjacent the head end and extends towards the foot end (Col 16 Lines 19-24: "Optionally as shown in FIG. 5A the pre-warmed and covered soft gel pillow 80 may be provided inside the base so the top of the gel pillow touches the top of the head boundary, and then the infant is placed on the gel pillow with the infant's head nestled into the boundary."), wherein the depression, adjacent the head end (Fig. 5A), is sized to receive a head of an infant (Col 16 Lines 19-24: "Optionally as shown in FIG. 5A the pre-warmed and covered soft gel pillow 80 may be provided inside the base so the top of the gel pillow touches the top of the head boundary, and then the infant is placed on the gel pillow with the infant's head nestled into the boundary."); and a cover (20 - Fig. 1A and 5F) that extends over a torso portion (30 - Fig. 5B-5D) of the pillow body (Fig. 5F shows torso portion, 30, partially hidden as 20 extending over the torso of the body and torso portion of the apparatus) and forms a pouch (Fig. 5F shows element 20 extending and forming a pouch noting Col 13 Lines 32-37).
In regards to Claim 2, Bush teaches: The swaddle pillow of claim 1, wherein the cover is attached to a front of the pillow body (20 - Fig. 1A and 5F show cover attached to front of the billow body along 22).
In regards to Claim 3, Bush teaches: The swaddle pillow of claim 1, wherein the cover is a pouch cover (Col 13 Lines 32-37: "The bottom flap 20 is formed as a pouch to help round the hips, legs, and feet to a flexed, midline position, and the stretchiness thereof allows freedom of movement while providing proprioceptive feedback to the baby."), and wherein the torso portion of the pillow body fits within a pouch opening of the pouch cover (torso portion, 30, shown to fit within a pouch opening of the pouch cover shown in Fig. 5F - notably the pouch opening at the top of element 20 allows partial visibility to the torso portion at the opening).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over 'Bush' (US 9332791 B1) in view of Gotel et al., hereinafter 'Gotel' (US 20150101101 A1).
In regards to Claim 6, Bush teaches: The swaddle pillow of claim 1, but Bush does not explicitly teach, wherein the depression extends to the foot end of the pillow body.
Gotel teaches: wherein the depression extends to the foot end of the pillow body (120 into 122 in Fig. 1, shown to extend towards the foot end).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Bush to include a depression extending to the foot end of the pillow body as taught by Gotel in order to provide full-length body support and improved positioning of the infant along the pillow, since Gotel expressly teaches such an extended depression configuration.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over 'Bush' (US 9332791 B1) in view of Morton (US 20160135612 A1).
In regards to Claim 8, Bush teaches: The swaddle pillow of claim 1, but Bush does not explicitly teach, wherein the pillow body around the depression, is a consistent thickness from a front of the pillow body to a back of the pillow body.
Morton teaches: wherein the pillow body around the depression, is a consistent thickness from a front of the pillow body to a back of the pillow body (Para 0024: "The sheet assembly 30 of the invention includes a central flat portion 31 that spans the mattress pad 26 and is secured about the periphery thereof, either by an elastic band 35 sewn into the hem, or by tucking the margins of the sheet under the pad 26.").
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Bush to provide a pillow body around the depression having a consistent thickness from a front to a back of the pillow body as taught by Morton in order to provide uniform support and structural stability, as Morton teaches a central flat portion spanning the support surface with consistent thickness.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over 'Bush' (US 9332791 B1) in view of Morton (US 20160135612 A1) and further in view of 'Gotel' (US 20150101101 A1).
In regards to Claim 9, Bush in view of Morton teaches: The swaddle pillow of claim 8, but neither Bush nor Morton explicitly teach, wherein the depression extends to a position adjacent the foot end of the pillow body, and wherein the depression widens, from a head section to a torso section, to accommodate a shoulder area of the infant.
Gotel teaches: wherein the depression extends to a position adjacent the foot end of the pillow body (120 into 122 in Fig. 1, shown to extend towards the foot end), and wherein the depression widens, from a head section to a torso section (Fig. 1 shows head and shoulder region where arm pockets 160 are local to, is wider than the torso section), to accommodate a shoulder area of the infant (i.e. 160 allows for arm region aka inclusion of shoulders to be within that area).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Bush, as modified by Morton, to include a depression that extends adjacent the foot end and widens from a head section to a torso section to accommodate the infant’s shoulder area as taught by Gotel, in order to improve infant positioning and accommodate natural shoulder width, since Gotel expressly teaches such a widened and extended depression configuration.
Claim(s) 10-12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over 'Bush' (US 9332791 B1) in view of Kim (KR 102333449 B1).
In regards to Claim 10, Bush teaches: The swaddle pillow of claim 1, but Bush does not explicitly teach, wherein a head portion of the depression of the pillow body is thicker, from a front of the pillow body to a back of the pillow body, than a torso portion of the depression, and wherein the head portion and the torso portion are separated by a raised neck area.
Kim teaches: wherein a head portion of the depression of the pillow body is thicker ("an inclined portion may be formed on the upper surface of the central cushion 210."), from a front of the pillow body to a back of the pillow body (210 - Fig. 1 shows from top to bottom of pillow body being thicker, also shown with infant placed inside in Fig. 12), than a torso portion of the depression (213 - Fig. 1, shows thinner region, also shown with infant placed inside in Fig. 12), and wherein the head portion and the torso portion are separated by a raised neck area (inclined neck area 211 - Fig. 1, also shown with infant placed inside in Fig. 12).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Bush to include a head portion of the depression that is thicker than the torso portion and separated by a raised neck area as taught by Kim, in order to provide improved ergonomic support for the infant’s head and neck, since Kim teaches a thicker head region, a thinner torso region, and a raised neck transition area.
In regards to Claim 11, Bush teaches: A swaddle pillow (5 - Fig. 1) for an infant (Col 8 Lines 37-51), comprising: a pillow body (10 - Fig. 1) having a head end (see Fig. 5A showing head end) and a body portion (see Fig. 5A showing central body portion end) adjacent the head end centrally along a length of the pillow (see Fig. 5A showing vertical length between head and body portion of an infant); a head depression (80 - Fig. 5A) formed in the pillow body at the head end (Col 16 Lines 19-24: "Optionally as shown in FIG. 5A the pre-warmed and covered soft gel pillow 80 may be provided inside the base so the top of the gel pillow touches the top of the head boundary, and then the infant is placed on the gel pillow with the infant's head nestled into the boundary."); [[a body depression formed in the pillow body along the body portion;]] a case (15 - Fig. 7A) configured to fit over the pillow body (F15 shown to fit over the top of the pillow body); and a flap (20 - Fig. 1A and 5F) attached at an end of the case (22 - Fig. 1A) which forms a pouch over the body portion when the flap is folded over the pillow body (Fig. 5F shows element 20 extending and forming a pouch noting Col 13 Lines 32-37).
Bush does not explicitly teach: a body depression formed in the pillow body along the body portion;
Kim teaches: a body depression (213 - Fig. 1) formed in the pillow body along the body portion (Fig. 12);
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Bush to include a body depression formed in the pillow body along the body portion as taught by Kim in order to provide contoured support for the infant’s body, since Kim expressly teaches a body depression formed along the body portion of the pillow.
In regards to Claim 12, Bush in view of Kim teaches: The swaddle pillow of claim 11, Bush further teaches, further comprising at least one elastic comfort strap configured to wrap around the body portion (32 - Fig. 5C).
In regards to Claim 17, Bush in view of Kim teaches: The swaddle pillow of claim 11, Kim further teaches, wherein the head depression and the body depression are separated by a raised neck area (inclined neck area 211 - Fig. 1, also shown with infant placed inside in Fig. 12).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Bush, as modified by Kim, to provide the head depression and body depression separated by a raised neck area as taught by Kim in order to improve anatomical support and alignment of the infant’s head and torso, since Kim expressly teaches a raised neck area separating the head and body portions.
Allowable Subject Matter
Claim(s) 4-5, 7, 14-16 and 18-19 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Furthermore, Claim 13 includes a 112(b) rejection indicated above and is therefore rejected to yet includes allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to Claim 4, while Bush (US 9332791 B1) discloses a swaddle pillow including at least one elastic swaddle strap having a fixed end, Bush fails to teach or suggest that the elastic swaddle strap is connected to the cover at a side of the swaddle pillow as specifically recited. Bush generally discloses attachment relative to the pillow structure itself and does not differentiate or emphasize structural connection to a removable or distinct cover component at a side location. The cited art therefore fails to disclose or render obvious the claimed structural relationship between the elastic strap and the cover. Accordingly, the prior art does not teach nor suggest modifying Bush to provide the claimed side-connected strap-to-cover configuration, and there is no articulated rationale that would have led one of ordinary skill in the art to make such a modification.
In regards to Claim 7, Bush (US 9332791 B1) does not disclose decoration including a simulated animal tail, nor does it teach an end of such simulated animal tail configured to hold a pacifier. Crowther, although considered, similarly fails to teach or suggest a simulated animal tail incorporated into a swaddle pillow structure, particularly one having a functional pacifier-retaining configuration at its end. Neither reference, alone or in combination, teaches or suggests integrating decorative structure in the form of a simulated animal tail that is structurally configured to function as a pacifier holder. Further, there is no motivation to combine the cited references to arrive at the claimed dual decorative and functional tail structure.
In regards to Claims 13–16 and 18–19, neither Bush, Crowther or Kim teaches or suggests the specific structural configurations recited.
Specifically Claim 13, the cited art fails to teach a case including a portion of hook and loop material at a back of the swaddle pillow that mates with a complementary hook and loop portion at an end of a comfort strap. The references do not disclose this cooperative mating relationship between the case and strap components.
Specifically Claim 14, the cited art does not disclose an inner swaddle pouch positioned over the body depression with flaps configured to wrap around an infant’s shoulders and torso when positioned therein. The prior art lacks this integrated inner pouch structure aligned with the pillow depressions.
Specifically Claim 15, neither reference teaches a tail configured to couple to the case and including a strap at a free end configured to form a loop. The art fails to disclose this removable or couplable tail structure having a loop-forming strap.
Specifically Claim 16, the references do not teach forming both the head depression and the body depression by stitching in the pillow body. The cited art does not disclose stitching as the structural mechanism for forming the depressions as claimed.
Specifically, Claims 18 and 19, the cited art fails to teach a raised border jointly surrounding the head and body depressions, nor does it disclose a raised border that entirely surrounds both depressions as specifically required. The prior art lacks this unified and continuous border configuration. In regards to Claim 16,
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Heo (KR 20200078206 A) teaches: The present invention relates to an infant cushion, which is to secure safety by preventing suffocation by restricting lying with face down caused by movement of an infant during sleeping. The infant cushion of the present invention comprises: a cushion cover having a space for receiving a filler through an opening therein, and made of a fabric material; and a cover fastened while surrounding an upper surface of the cushion cover. On the upper surface of the cushion cover, a receiving groove in which an inner portion is concave with respect to an outer portion, is formed, and the thickness of an upper end outer portion is formed to be greater than that of a lower end outer portion, such that an upper body including the head of an infant received in the receiving groove is disposed at a higher position than a lower body. Also, on both sides of the bottom surface of the cushion cover, a pocket formed with a receiving hole in which a core rod having the thickness and the length is detached and attached is provided, such that the infant received in the receiving groove is supported by a side portion to restrict lying face down caused by movement of the infant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON MATTHEWS whose telephone number is (571)272-8473. The examiner can normally be reached M-F 7:30-4:30 EST.
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 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MADISON MATTHEWS/Primary Examiner, Art Unit 3673