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 .
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.
Claim Objections
The claim set is objected to because of the following informalities: inconsistency in terminology. Throughout the claim set, the foldable interconnected attachment mechanism is referred to in different ways such as the foldable interconnected attachment mechanism, said interconnected attachment mechanism, the attachment mechanism, etc. Consistency is required and appropriate correction is required.
Claim 33 is objected to because of the following informalities: the claim recites the following, which is grammatically awkward and appears to be incorrect – “comprises a valve (27) configured to release fluid from valve said cushion (50).” Appropriate correction is required.
Claim 34 is objected to because of the following informalities: the claim ends with “;.”. Appropriate correction is required.
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 drawstring must be shown or the feature(s) canceled from the claim(s). At least two figures purport to show the drawstring 52, but element 52 does not appear to be a drawstring as depicted. Either the specification is incorrect or the drawings are incorrect. 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.
Claims 30-49 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.
Claim 30 recites the limitation “secure said cushion in an open state.” It is unclear what is meant by a cushion in an open state. The scope of the limitation is not explained or defined by the claim, the specification, or the drawings. It is not a term of art. The scope is therefore unclear and the recitation renders the claim indefinite.
The term “comfortable posture and comfort during rest” in claim 32 is a relative term which renders the claim indefinite. The term 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.
Claim 36 has indefinite scope as the scope is unable to be determined. The claim appears to only require and limit a portion of claim 35, resulting in a lack of clarity and indefiniteness. The claim fails to account for claim 35 presenting numerous options, but requiring only one of them. It is unclear what the scope of claim 36 may be when, for example, claim 35 only requires something other than the element required in claim 36 (i.e., in this instance, the section cup). Given the serious indefiniteness and lack of clarity, art is unable to be applied to the claim at this time.
Claim 39 suffers from the same issue(s) as claim 36; see above. Given the serious indefiniteness and lack of clarity, art is only applied as best understood below at this time.
Claim 40 suffers from the same issue(s) as claim 36; see above. Given the serious indefiniteness and lack of clarity, art is unable to be applied to the claim at this time.
Claim 41 suffers from the same issue(s) as claim 36; see above. Given the serious indefiniteness and lack of clarity, art is unable to be applied to the claim at this time.
Claim 46 recites the limitation "said support mechanism.” There is insufficient antecedent basis for this limitation in the claim.
Claim 46 recites the limitation "said bracket.” There is insufficient antecedent basis for this limitation in the claim.
Claim 49 has indefinite scope as the scope is unable to be determined. The claim appears to only require and limit a portion of claim 48, resulting in a lack of clarity and indefiniteness. The claim fails to account for claim 48 presenting three options – paragraph 1, paragraph 2, or both. It is unclear what the scope of claim 49 may be when, for example, claim 48 only requires the limitations beginning with “a foldable shelf” and none of the limitations in the first part of claim 48 or in claim 49 itself are required. Given the serious indefiniteness and lack of clarity, art is unable to be applied to claim 49 at this time.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 36, 39, 40, 41, and 49 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 36 fails to include all of the limitations of the claim from which it depends. Claim 35 only requires one of the recited paragraphs – see the “or” language toward the end of the claim. Claim 36 only addresses and incorporate a portion of the claim from which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Due to the above, art is unable to be applied to claim 36 at this time.
Claims 39, 40, and 41 all suffer from the same issues as claim 36. See above. Due to the above, art is unable to be applied to the claims at this time.
Claim 49 fails specifically fails to include all of the limitations of claim 48. Note that it only addresses the neck surrounding parts etc., but that claim 48 does not require those. Claim 48 presents three options – the first paragraph of limitations, the second paragraph of limitations, or both paragraphs of limitations. Claim 49 only addresses and incorporates paragraph 1 of the limitations from claim 48. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Due to the above, art is unable to be applied to claim 49 at this time.
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) 30-32, 34-35, 37-39, 42, 44, 46, and 48 is/are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Foch (US 20130254999 A1).
Re Claim 30
Foch discloses:
A travel pillow (see all figures) comprising:
a portable cushion (100 or 102) configured to support a user's head in a resting position (it is a pillow; see also, title, abstract, numerous of the figures including for example fig. 10);
a foldable attachment mechanism (202) interconnected with said cushion and configured to attach a smooth surface of a supporting object (see all figs.; it is noted that most of the structure is common between the figures and the clip style varies between some of the embodiments and that attaching to a smooth surface of a supporting object is readily disclosed throughout multiple of the figures); and
a storage compartment (103 and/or 104) interconnected with said cushion (fig. 1) and configured to store said foldable mechanism when not in use;
wherein the foldable interconnected attachment mechanism is connected to the cushion at a connection point and is angularly displaceable relative to the cushion around the connection point, thereby allowing the user to position said travel pillow at any preferred angle (see fig. 13, for example; it is noted that the elements are able to be placed relative to each other at any preferred angle); and,
further wherein said foldable interconnected attachment mechanism and said storage compartment, secure said cushion in an open state and provide the user with the ability to adjust said travel pillow to a preferred position, ensuring a comfortable posture and restful experience during travel (see fig. 13; see above; see abstract).
Re Claim 31
Foch discloses:
wherein said cushion is configured to provide support and adjustment as needed by the user, when said interconnected attachment mechanism is in an open state (it is plainly configured to do so; it is a pillow with adjustable and portable characteristics; see mapping above).
Re Claim 32
Foch discloses:
wherein said cushion, and said foldable interconnected attachment mechanism allow the user to position their pillow at any personal preferred angle, ensuring comfortable posture and comfort during rest (it is plainly allowed / is not prevented; it is a pillow with adjustable and portable characteristics; see mapping above).
Re Claim 34
Foch discloses:
wherein said interconnected attachment mechanism is selected from the group consisting of a pressure seal, a vacuum mat, a telescopic column, a telescopic rod, a telescopic arm, a pivot joint (see fig. 13), and any combination thereof;.
Re Claim 35
Foch discloses:
wherein said interconnected attachment mechanism comprises
a support mechanism proximal to said cushion configured to attach said cushion to the attachment mechanism (see fig. 13, e.g. at 1303);
a support mechanism distal to said cushion configured to attach said attachment mechanism to a smooth surface of a supporting object (see fig. 13, 801);
a securing mechanism configured to allow easy adjustment and lack of retraction at a chosen position selected from the group consisting of wing bolts, push-button, lever locks, rotating locks, zipper locks, detent mechanisms, manual twist locks, electronic or digital locks and any combination thereof;
a vacuum suction cup;
a joint on the proximal end to which said cushion is attached configured to allow the angle of the cushion to be adjusted relatively to the rod (fig. 13);
a joint on the distal end of said cushion configured to allow adjusting an angle of the rod relative to the supporting object (fig. 13); or
a pump mechanism.
Re Claim 37
Foch discloses:
wherein said supporting object with a smooth surface is selected from the group consisting of a vehicle's window, a wall, a table, a chair or any other flat surface (e.g. 801 and/or 201), and any combination thereof.
Re Claim 38
Foch discloses:
wherein said interconnected attachment mechanism enables 360° rotation about an axis of the joint (see fig. 13; it is plainly enabled / is not prevented and the apparatus can be rotated about the axis in a 360 degree manner).
Re Claim 39
Foch discloses:
wherein the said joint on said proximal end is a pivot joint (see fig. 13 and note the foldable nature and arrangement).
Re Claim 42
Foch discloses:
wherein said storage compartment at the rear part of said cushion comprises at least one recess (see fig. 13 at 103 and/or 104) configured to store said folded interconnected attachment mechanism of said pillow when it is not in use and to secure said cushion in said open state (see fig. 13 and note that the arm is to be folded and stored within the cavity etc. as claimed).
Re Claim 44
Foch discloses:
wherein said pillow comprises a bracket (1303 and/or 105) at the back of the cushion (fig. 13) configured to secure the pillow (fig. 13).
Re Claim 46
Foch discloses:
wherein said support mechanism (1303) proximal to said cushion is interconnected to said storage compartment (via contact and/or adjacency), or to said bracket (105; see fig. 13).
Re Claim 48
Foch discloses:
wherein said cushion comprises three cushion parts, a back part of said cushion connected to said interconnected attachment mechanism, and two neck surrounding parts, wherein the neck surrounding parts are detachably connected to the back part allowing the user to use the travel pillow when no supporting object with a smooth surface is available;
a foldable shelf on the front side of said cushion, configured to accommodate a cellular phone or tablet when unfolded (see 105 in fig 13; alternatively, see also 105 in more detail presented in any one or more of figs. 18-21);
or both.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foch (US 20130254999 A1).
Re Claim 47
Foch discloses all claim limitations, see above, but does not explicitly disclose with regard to the figure 13 embodiment the following and which is not commonly shown structure in the embodiments throughout:
further comprising a case detachably attached to the travel pillow and configured to store said travel pillow.
Foch discloses a pillow casing which covers said pillow body exteriorly and would therefore be detachably attached to the travel pillow and configured to store said travel pillow as claimed and as is common and known in the art ([0061]). It would therefore have been obvious to one having ordinary skill in the art prior to the effective filing date to modify the Foch embodiment as described above to include the limitations at issue from above for the purpose of covering / storing said travel pillow, e.g. for protection and/or transport.
Claim(s) 33, 43, and 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foch (US 20130254999 A1) in view of Official Notice.
Re Claim 33
Foch discloses all claim limitations, see above, except:
wherein at least one of the following is true:
said cushion is inflatable;
said cushion comprises a valve configured to release fluid from valve said cushion; and
said cushion comprises at least one valve configured to allow inflating and deflating of the cushion.
Examiner hereby takes official notice that all of the above are old and well known in the art. Inflatable cushions, cushions with a valve configured to release fluid from the valve of said cushion, and cushions which comprise at least one valve configured to allow inflating and deflating of the cushion are each common within the art for the purpose of facilitating storage of the apparatus, for the purpose of adjusting pressure / firmness of the cushion, and/or for the purpose of suiting a user’s comfort needs. It would therefore have been obvious to one having ordinary skill in the art prior to the effective filing date to modify Foch to have any one or more of the above, including all of the above, for the purpose(s) as articulated above.
Re Claim 43
Foch discloses all claim limitations, see above, except:
wherein said storage compartment comprises at least one drawstring configured to secure the stored interconnected attachment mechanism in a closed state.
Examiner hereby takes official notice that securing and storing elements, including in a closed state, via a drawstring is old and well known in the art for the purpose of preventing inadvertent or undesirable shift of the elements. It would therefore have been obvious to one having ordinary skill in the art prior to the effective filing date to modify Foch so as to have the limitations above for the purpose(s) as articulated above.
Re Claim 45
Foch discloses all claim limitations, see above, except:
wherein said bracket comprises a drawstring to secure and to store said interconnected attachment mechanism.
Examiner hereby takes official notice that securing and storing elements, including in a closed state, via a drawstring is old and well known in the art for the purpose of preventing inadvertent or undesirable shift of the elements. It would therefore have been obvious to one having ordinary skill in the art prior to the effective filing date to modify Foch so as to have the limitations above for the purpose(s) as articulated above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Other relevant cushions / pillows including portable cushions / pillows are provided. Various references provided include supporting arms. Particular attention is drawn to 20180084919 which features a supporting arm, albeit not pivotable, but with an inflatable mechanism and a telescoping connection. See also 9867486 which is highly pertinent to at least claim 30; see fig. 5 and fig 6 in particular.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E SOSNOWSKI whose telephone number is (571)270-7944. The examiner can normally be reached 8:30 AM - 3:30 PM and 9 PM through 11:59 PM Monday through Friday, generally.
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.
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/DAVID E. SOSNOWSKI/
Primary Patent Examiner
Art Unit 3673
/David E Sosnowski/Primary Patent Examiner, Art Unit 3673
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