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 .
Claim Rejections - 35 USC § 102
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.
(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) 53 and 55 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being disclosed by Doak (US Patent 3109182).
Regarding claim 53, Doak teaches a pillow comprising: a first panel (Figure 1; 20); a second panel (Figure 1; 30); a gusset (Figure 1; 25) joining the first and second panels, the gusset having a first porosity, the gusset comprising a row of ports extending parallel to an axis defined by the gusset (Figure 4; when laid out flat the two V’s would form a row), the ports each having a second porosity that is greater than the first porosity (Figure 4; the ports are open and thus have a higher porosity than that of the panels), wherein the first panel, the second panel and the gusset define a cover; and a fill material (Figure 2; 12) disposed within the cover, the fill material comprising a compliant fill material such that the pillow is free of springs (Figure 2; 12), wherein the pillow is configured to have air enter the cover at least through the first and second panels and have the air exit the cover through the ports (Air in the pillow would enter and exit through all components as all allow at least some airflow).
Regarding claim 55, Doak teaches a pillow comprising: a first panel (Figure 1; 20); a second panel (Figure 1; 30); a gusset (Figure 1; 25) joining the first and second panels, the gusset having a first porosity, the gusset comprising a row of ports extending parallel to an axis defined by the gusset (Figure 4; when laid out flat the two V’s would form a row), the ports each having a second porosity that is greater than the first porosity (Figure 4; the ports are open and thus have a higher porosity than that of the panels), wherein the first panel, the second panel and the gusset define a cover; and a fill material disposed within the cover such that the pillow is free of springs(Figure 2; 12), wherein the pillow is configured to have air enter the cover at least through the first and second panels and have the air exit the cover through the ports (Air in the pillow would enter and exit through all components as all allow at least some airflow).
Claim Rejections - 35 USC § 103
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) 37, 38, 41, 43, 46-49, and 52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doak (US Patent 3109182) in view of Bokich (US Patent 4862539).
Regarding claim 37, Doak teaches a pillow comprising: a first panel (Figure 1; 20); a second panel (Figure 1; 30); a gusset (Figure 1; 25) joining the first and second panels, the gusset having a first porosity, the gusset comprising a single row of ports (Figure 4; when laid out flat the two V’s would form a row), the ports each extending through a thickness of the gusset, the ports each having a second porosity that is greater than the first porosity (Figure 4; the ports are open and thus have a higher porosity than that of the panels), wherein the first panel, the second panel and the gusset define a cover; and a fill material (Figure 2; 12) disposed within the cover, wherein the pillow is configured to have air enter the cover at least through the first and second panels and have the air exit the cover through the ports (Air in the pillow would enter and exit through all components as all allow at least some airflow). Doak does not teach the fill material consisting of a foam material. Bokish teaches the fill material consisting of a foam material (Figure 2 and abstract). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Doak (directed to a gusseted pillow) and Bokich (directed to a pillow with foam filling) and arrived at a pillow with a mesh gusset with a foam filling. One of ordinary skill in the art would have been motivated to make such a combination for “the relieving of compression of certain areas of the body to prevent or alleviate bed sores” (Bokich Column 1; lines 10-16).
Regarding claim 38, Doak teaches the pillow is free of springs (Figure 2; as shown).
Regarding claim 41, Doak teaches the gusset is formed from a base material, the ports being larger in size than any pores that may be inherently defined in the base material (Figure 5; P, as shown).
Regarding claim 43, Doak teaches the ports are formed after manufacture of the base material (Column 2; lines 20-30).
Regarding claim 46, Doak teaches the base material is a textile (Column 2; lines 13-14).
Regarding claim 47, Doak teaches the base material is a polyester textile (Column 1; lines 65-67).
Regarding claim 48, Doak teaches the single row extends parallel to an axis defined by the gusset (Figure 2; ports extend along the axis of the gusset as shown).
Regarding claim 49, Doak teaches the gusset perimetrically bounds the first and second panels (Figure 1; 25, as shown).
Regarding claim 52, Doak teaches the ports are finished with stitching (Figure 3; 30).
Claim(s) 39 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doak (US Patent 3109182) in view of Bokich (US Patent 4862539) in view of De Woskin (US Patent 2217999).
Regarding claim 39, Doak teaches the cover is an outer cover (Figure 2; as shown). Doak does not teach the pillow further comprising an inner cover positioned within the outer cover. De Woskin teaches the pillow further comprising an inner cover positioned within the outer cover (Column 1; lines 40-50). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Doak (directed to a gusseted pillow) and Bokich (directed to a pillow with foam filling) and De Woskin (directed to a pillow an inner cover) and arrived at a pillow with a mesh gusset with a foam filling and inner cover. One of ordinary skill in the art would have been motivated to make such a combination “to avoid contamination from outside sources” (De Woskin Column 1; lines 7-8).
Regarding claim 40, Doak does not teach the inner cover is resistant to airflow therethrough. De Woskin teaches the inner cover is resistant to airflow therethrough (Column 1; lines 40-50, being made of ticking, the inner cover would have at least some air resistance). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Doak (directed to a gusseted pillow) and Bokich (directed to a pillow with foam filling) and De Woskin (directed to a pillow an inner cover) and arrived at a pillow with a mesh gusset with a foam filling and inner cover. One of ordinary skill in the art would have been motivated to make such a combination “to avoid contamination from outside sources” (De Woskin Column 1; lines 7-8).
Claim(s) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doak (US Patent 3109182) in view of Bokich (US Patent 4862539) in view of Perry (US Patent Application Publication 20090222995).
Regarding claim 42, Doak does not teach the ports are formed during manufacture of the base material. Perry teaches the ports are formed during manufacture of the base material (Paragraph 15 describes pores formed in the material to allow airflow through, with the pores created during creation of the material (see paragraphs 19-20). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Doak (directed to a gusseted pillow) and Bokich (directed to a pillow with foam filling) and Perry (directed to a material formed with pores) and arrived at a pillow with a mesh gusset with ports formed in manufacture with a foam filling. One of ordinary skill in the art would have been motivated to make such a combination to “enable high amounts of airflow” (Perry Paragraph 15).
Claim(s) 44 and 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doak (US Patent 3109182) in view of Bokich (US Patent 4862539) in view of Malicki (US Patent 3325832).
Regarding claim 44, Doak does not teach the ports are formed after manufacture of the base material by cutting the base material. Malicki teaches the ports are formed after manufacture of the base material by cutting the base material (Figure 3-4, 17 and Column 1; lines 50-52). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Doak (directed to a gusseted pillow) and Bokich (directed to a pillow with foam filling) and Malicki (directed to ports cut into fabric) and arrived at a pillow with a mesh gusset with a foam filling with cut out ports. One of ordinary skill in the art would have been motivated to make such a combination to protect the interior of the cover while allowing heat dissipation through airflow (Malicki Column 1; lines 20-30).
Regarding claim 45, Doak does not teach the ports are formed after manufacture of the base material by removing fabric from the base material. Malicki teaches the ports are formed after manufacture of the base material by removing fabric from the base material (Figure 3-4, 17 and Column 1; lines 50-52). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Doak (directed to a gusseted pillow) and Bokich (directed to a pillow with foam filling) and Malicki (directed to ports cut into fabric) and arrived at a pillow with a mesh gusset with a foam filling with cut out ports. One of ordinary skill in the art would have been motivated to make such a combination to protect the interior of the cover while allowing heat dissipation through airflow (Malicki Column 1; lines 20-30).
Claim(s) 50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doak (US Patent 3109182) in view of Bokich (US Patent 4862539) in view of Vrionis (US Patent Application Publication 20050132498).
Regarding claim 50, Doak does not teach an interface between the first panel and the gusset comprises a fastener to provide access to a chamber defined by an inner surface of the cover. Vrionis teaches an interface between the first panel and the gusset comprises a fastener to provide access to a chamber defined by an inner surface of the cover (Figure 2 at 4). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Doak (directed to a gusseted pillow) and Bokich (directed to a pillow with foam filling) and Vrionis (directed to a gusseted cover with an interface fastener) and arrived at a pillow with a mesh gusset with an interface fastener and with a foam filling. One of ordinary skill in the art would have been motivated to make such a combination “for removably attaching said first and second removable portions of the [cushion] cover to the” cushion (Vrionis Abstract).
Claim(s) 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doak (US Patent 3109182) in view of Bokich (US Patent 4862539) in view of Allaire (US Patent 4461048).
Regarding claim 51, Doak does not teach the ports are finished with trim. Allaire teaches the ports are finished with trim (Abstract “a piping or trim is sewn at appropriate edges to create a fashionable appearance.”, when applied to the edges of Doak, this would include edges of the ports). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Doak (directed to a gusseted pillow) and Bokich (directed to a pillow with foam filling) and Allaire (directed to edge trim on covers) and arrived at a pillow with a mesh gusset with a foam filling including edge trimmings. One of ordinary skill in the art would have been motivated to make such a combination because a change in ornamental design having no mechanical function is an aesthetic design consideration within the skill of the art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Claim(s) 54 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doak (US Patent 3109182) in view of Vrionis (US Patent Application Publication 20050132498).
Regarding claim 54, Doak does not teach an interface between the first panel and the gusset comprises a fastener to provide access to a chamber defined by an inner surface of the cover. Vrionis teaches an interface between the first panel and the gusset comprises a fastener to provide access to a chamber defined by an inner surface of the cover (Figure 2 at 4). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Doak (directed to a gusseted pillow) and Vrionis (directed to a gusseted cover with an interface fastener) and arrived at a pillow with a gusset with an interface fastener. One of ordinary skill in the art would have been motivated to make such a combination “for removably attaching said first and second removable portions of the [cushion] cover to the” cushion (Vrionis Abstract).
Claim(s) 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doak (US Patent 3109182) in view of Vrionis (US Patent Application Publication 20050132498).
Regarding claim 56, Doak does not teach an interface between the first panel and the gusset comprises a fastener to provide access to a chamber defined by an inner surface of the cover. Vrionis teaches an interface between the first panel and the gusset comprises a fastener to provide access to a chamber defined by an inner surface of the cover (Figure 2 at 4). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Doak (directed to a gusseted pillow) and Vrionis (directed to a gusseted cover with an interface fastener) and arrived at a pillow with a gusset with an interface fastener. One of ordinary skill in the art would have been motivated to make such a combination “for removably attaching said first and second removable portions of the [cushion] cover to the” cushion (Vrionis Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN J MCCLURE whose telephone number is (571)270-0362. The examiner can normally be reached Tuesdays 12pm-10pm and Thursdays 12pm-10pm.
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/MORGAN J MCCLURE/Examiner, Art Unit 3673
