Case 2:17-cv-00487-DSC Document 1 Filed 04/14/17 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

AMERICAN TEXTILE COMPANY, INC., )

a Pennsylvania Corporation )
10 North Linden Street )
Duquesne, Pennsylvania 15110 )
)
Plaintiff, )

) Civil Action No.

v. )
)

HOLLANDER SLEEP PRODUCTS, LLC ) JURY TRIAL DEMANDED

a Delaware Corporation )

6501 Congress Avenue, Suite 300 )

Boca Raton, Florida 33487 )

)

Defendant. )

COMPLAINT

Plaintiff American Textile Company, Inc. ("ATC" or "Plaintiff"), by and through its

undersigned counsel, H. Jay Spiegel & Associates and Cohen & Grigsby, P.C., files this

Complaint.

ATC is a well-known and highly regarded manufacturer and distributor primarily

of bedding products with a particular emphasis on pillows, pillow covers, mattress covers, and

mattress pads. Plaintiff commenced business in 1925 and has conducted business in the

Pittsburgh metropolitan area continuously for over 90 years. ATC has established itself as a

preeminent player in the bedding industry, and it works vigorously to protect its hard-earned

reputation, including by respecting the intellectual property rights of others. Plaintiff sells a

hypoallergenic bed pillow under the trademark "just home" (hereinafter referred to as "the

ATC pillow").
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Recently, Hollander Sleep Products, LLC ("Hollander" or "Defendant") sent a

letter to Plaintiff alleging that ATC's pillow infringes Hollander's U.S. Patent No. D507,920

("the '920 patent"). Hollander demanded that ATC take seven enumerated steps to cure the

alleged infringement, including that ATC cease manufacturing the ATC pillow.

3. ATC believes the ATC pillow does not infringe the '920 patent. Furthermore,

ATC believes the '920 patent is invalid.

4. Hollander's above-mentioned letter constitutes an affirmative act to enforce

Hollander's patent rights. Conversely, ATC contends that it has the right to manufacture and sell

the ATC pillow. Hollander's letter thus has created an actual controversy between the parties

that is ripe for adjudication by this Court. Accordingly, pursuant to 28 U.S.C. 2201(a), ATC

files this Complaint seeking a declaration from this Court that the '920 patent is invalid, and,

even if valid, is not infringed.

PARTIES

Plaintiff is a Pennsylvania corporation with its principal place of business located

at 10 North Linden Street, Duquesne, PA 15110.

6. Upon information and belief, Defendant is a Delaware corporation having a place

of business at 6501 Congress Avenue, Suite 300, Boca Raton, Florida 33487.

JURISDICTION AND VENUE

This is an Action pursuant to 28 U.S.C. 2201(a) seeking a declaratory judgment

that the '920 patent is invalid, and, even if valid, is not infringed by ATC's pillow.

8. This Court has jurisdiction over the subject matter of this Action under 28 U.S.C.

1331 and 1338(a).

 Case 2:17-cv-00487-DSC Document 1 Filed 04/14/17 Page 3 of 11

9. This Court has personal jurisdiction over Defendant because pursuant to the

Pennsylvania Long-Arm statute, 42 Pa. Cons. Stat. 5322 (2015), and on information and belief,

Defendant has substantial and continuous business contacts within the Commonwealth of

Pennsylvania and sells or offers to sell goods within the Commonwealth of Pennsylvania.

10. Venue properly lies in this district under 28 U.S.C. 1391 (b) because a

substantial part of the events or omissions giving rise to the claim occurred in this district.

Namely, Defendant has alleged that Plaintiff has committed acts of patent infringement within

this district. Alternatively, venue is proper in this district under 28 U.S.C. 1391(c) because

Defendant is subject to personal jurisdiction in this district with respect to this action. Moreover,

venue is proper in this district under 28 U.S.C. 1400(b) because Defendant is a corporate

defendant that is subject to personal jurisdiction in this district.

FACTS

I. The ATC Pillow

11. Plaintiff manufactures and distributes the ATC pillow.

12. Exhibit 1 shows a side view of the ATC pillow. The sides of the ATC pillow are

substantially identical to one another. Each side of the ATC pillow is longer than the respective

ends of the ATC pillow. Each side includes a section that is somewhat elliptical in shape and

stitched into the side of the pillow by simple unadorned stitching. This feature includes arcuate

top and bottom edges that converge to meet at the extreme ends of each side of the pillow.

13. Exhibit 2 shows an end view of the ATC pillow. The ends of the ATC pillow are

substantially identical to one another. Each end of the ATC pillow is shorter than the respective

sides of the ATC pillow. Each end has a single line of unadorned stitching connecting a top

portion of the pillow with a bottom portion of the pillow.

 Case 2:17-cv-00487-DSC Document 1 Filed 04/14/17 Page 4 of 11

II. The Hollander Pillow Covering

14. Upon information and belief, on February 26, 2004, Defendant caused an

application to be filed in the U.S. Patent and Trademark Office seeking a Design patent for a

pillow covering. Upon information and belief, the application was assigned Serial No.

29/200,339.

15. Upon information and belief, Hollander's 29/200,339 application issued as U.S.

Patent No. D507,920 (the '920 patent) on August 2, 2005. A copy of the '920 patent is at

Exhibit 3.

A. The Patent For The Hollander Pillow Covering Does Not Cover Any Particular End-
to-Side Ratio.

16. The '920 patent purportedly protects a pillow covering as shown in the five

figures included in the '920 patent. Those drawings, however, show broken lines that are

described in the '920 patent as depicting features "for illustration purposes only." The drawings

make clear that those features "form no part of the design sought to be patented." Accordingly,

the only features covered by the '920 patent are the details of the side edges of the pillow

covering. Those side edges are best seen in Figures 1-3 of Exhibit 3.

17. Although the figures, particularly Figures 1 and 4, depict the sides of Hollander's

claimed pillow covering as longer than the ends, the ends are in broken lines and form no part of

the claimed design. Accordingly, the features claimed in the '920 patent are not necessarily

sides longer than ends of a pillow covering. In fact, the reverse could also be true, and the sides

and ends also could be of equal respective lengths.

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 Case 2:17-cv-00487-DSC Document 1 Filed 04/14/17 Page 5 of 11

B. The Elliptical Sides Of The Hollander Pillow Covering Are Addressed By Prior Art.

18. The side edges of the pillow covering of the '920 patent are elliptical in shape and

feature a periphery consisting of a continuous cord that extends outwardly from the side edges of

the pillow, which also is clearly seen in Figures 4 and 5 of Exhibit 3. Within the peripheral cord,

the shading suggests a fabric located therein.

19. During the course of the prosecution of the '920 patent, the following prior art

references were cited: U.S. Patent Nos. 1,262,510 to Kelly; 2,029,608 to Buchman; 2,217,999

to De Woskin; 3,148,389 to Lustig; 3,924,283 to Shave; D283,963 to Rowland; 5,084,928 to

Skillington; 5,953,777 to Buck; and D466,751 to Coats et al. These prior art references are

collectively included in Exhibit 4.

20. Plaintiff is aware of additional prior art that was not cited during the prosecution

of the '920 patent, as follows: U.S. Patent Nos. 3,530,020 to Liebermann; 6,978,502 to Calagui;

D283,963 to Rowland; D316,353 to Dobson; D327,802 to Downing; D335,997 to Castronovo;

D338,798 to Grzybinski; D376,502 to Bonaddio et al.; D385,740 to Palmer; D426,096 to

Palmer; D429,438 to Palmer; D439,099 to Erickson; D439,464 to Shuster; and D482,923 to

Gaines. This prior art is reproduced in Exhibit 5.

21. As evidenced by the prior art cited in paragraph 20 above, it is extremely common

for an end or side of a pillow or pillow covering to be elliptical in shape. The Liebermann

patent, in particular, shows a pillow covering, identified by reference numeral 34 in Figure 7

thereof, that has an elliptical side longer than the ends of the pillow covering.

22. Moreover, the Castronovo patent, particularly, Figures 2 and 4 thereof, makes it

clear that the use of a cord peripheral to an elliptical surface of a pillow or pillow covering is

well known.
 Case 2:17-cv-00487-DSC Document 1 Filed 04/14/17 Page 6 of 11

23. Finally, with respect to the Coats et al. patent referred to in paragraph 19 above

and made of record during the prosecution of the '920 patent, Figures 1, 5, and 6 thereof show a

cord about the periphery of an elliptical surface on a pillow. Similarly, the Shave patent referred

to in paragraph 19 and made of record during the prosecution of the '920 patent teaches a cord

surrounding the periphery of an elongated surface of a cushion that has arcuate ends as best seen

in Figure 1of the Shave patent.

24. The combinations of Liebermann and any one of Castronovo, Shave, or Coats et

al. were never considered by the Primary Examiner during the course of the prosecution of the

application that matured into the '920 patent. Each of these patents has an effective date more

than one year prior to the effective date of the '920 patent.

25. The continuous cord about the periphery of each of the elliptical sides of the

pillow covering claimed in the '920 patent has a dimensional height as clearly seen, for example,

in Figures 4 and 5 of the '920 patent. This is an essential feature of the invention claimed in the

'920 patent. No such feature is found or included in the ATC pillow.

III. The Instant Dispute

26. On April 6, 2017, Defendant's counsel mailed a letter to Plaintiff with certain

attachments, all of which are included in Exhibit 6. In this letter, Defendant alleged that the

ATC pillow infringes the '920 patent: "It has come to our client's attention that your company is

manufacturing a pillow with gusseted side walls having a design that infringes the design

covered by the '920 Patent." Defendant further demanded that Plaintiff express its assent to

seven enumerated, "non-negotiable" terms by April 14, 2017.

-6-
 Case 2:17-cv-00487-DSC Document 1 Filed 04/14/17 Page 7 of 11

COUNT I (DECLARATION OF INVALIDITY OF THE '920 PATENT)

27. Plaintiff incorporates by reference the allegations in Paragraphs 1 through 26 of

its Complaint as if fully set forth herein.

28. The claim of the '920 patent (Exhibit 3) is depicted in Figures 1-5 of that patent.

Although the drawing figures, particularly Figures 1 and 4, depict the sides of the claimed pillow

covering as longer than the ends, the ends are in broken lines and form no part of the claimed

design. Accordingly, the features claimed in the '920 patent are not necessarily sides longer than

ends of a pillow covering. In fact, the reverse could also be true, and sides and ends also could

be of equal respective lengths.

29. The Liebermann and Castronovo patents included in Exhibit 5 and the Shave and

Coats et al. patents included in Exhibit 4 (the latter two of which were cited of record during the

prosecution history of the '920 patent) all have effective filing dates more than one year prior to

the effective filing date of the '920 patent.

30. Liebermann teaches a pillow covering, identified by reference numeral 34, that

has elliptical sides longer than the ends thereof as clearly seen in Figure 7 thereof. Castronovo,

Shave, and Coats et al. teach sides of a pillow surrounded by a raised cord. In Coats et al. and

Castronovo, the cord surrounds an elliptical surface.

31. Under 35 U.S.C. 103, it would have been obvious to one of ordinary skill in the

art at the time the invention claimed in the '920 patent was made to provide the elliptical sides of

the Liebermann pillow covering with a peripheral raised cord in light of the teachings of any one

of Castronovo, Shave, or Coats et al. Accordingly, the '920 patent is invalid.

 Case 2:17-cv-00487-DSC Document 1 Filed 04/14/17 Page 8 of 11

32. Since an invalid patent cannot be infringed as a matter of law, a judicial

declaration both is necessary and appropriate so that the Plaintiff may ascertain its rights to

manufacture, import, market, use, sell, or offer to sell the ATC pillow.

33. As a direct result of the letter from Defendant's counsel (Exhibit 6), a substantial

and continuing controversy of sufficient immediacy and reality exists, constituting as a valid and

justiciable controversy between the parties that warrants the issuance of a declaratory judgment

under 28 U.S.C. 2201(a) and Fed. R. Civ. P. 57 that the '920 patent is invalid and therefore,

Plaintiff is permitted to continue manufacturing, importing, marketing, using, selling, or offering

to sell the ATC pillow.

COUNT II (DECLARATION OF NON-INFRINGEMENT OF THE '920 PATENT)

34. Plaintiff incorporates by reference the allegations in Paragraphs 1 through 33 of

its Complaint as if fully set forth herein.

35. In determining whether a Design patent is infringed, the Court is required to apply

the ordinary observer test espoused by the Federal Circuit in Egyptian Goddess, Inc. v. Swisa

Inc., 543 F.3d 665 (Fed. Cir. 2008) (en banc). In so doing, the Court must determine whether an

ordinary observer would deem the design of the ATC pillow to be substantially similar to the

design illustrated in the '920 patent such that the observer would be deceived into purchasing the

ATC pillow instead of the pillow illustrated in the '920 patent. In so doing, the ordinary

observer must take into account the prior art.

36. The prior art included in Exhibits 4 and 5 clearly shows that pillows having a

general elliptical shape when viewed from the profile are well known. Such a general elliptical

shape would therefore not constitute a difference to which the ordinary observer would be

drawn. Instead, the difference to which an ordinary observer would be drawn would include the

-8-
 Case 2:17-cv-00487-DSC Document 1 Filed 04/14/17 Page 9 of 11

peripheral cord that stands out from the side surfaces of the pillow claimed in the '920 patent.

The ATC pillow does not have any such cord. Rather, the side surfaces of the ATC pillow

merely include a somewhat elliptical surface stitched into top and bottom faces of the pillow

with ordinary unadorned stitching and devoid of a raised periphery.

37. As such, Plaintiff submits that the ordinary observer would not deem the ATC

pillow to be substantially similar to the pillow covering of the '920 patent. Accordingly, the

ATC pillow does not directly infringe the '920 patent.

38. The ATC pillow also does not infringe the '920 patent under the Doctrine of

Equivalents. To find Doctrine of Equivalents infringement, the ATC pillow must be

substantially similar to the patented design. The Doctrine of Equivalents cannot be used to

expand the scope of a patent claim to cover what is in or what would be obvious in light of the

prior art. The prior art included in Exhibits 4 and 5 amply demonstrates that an unadorned

elliptical side wall is a common feature of a pillow or pillow covering. Accordingly, the ATC

pillow does not infringe the '920 patent under the Doctrine of Equivalents.

39. Because the ATC pillow does not infringe the '920 patent, a judicial declaration

both is necessary and appropriate so that the Plaintiff may ascertain its rights to manufacture,

import, market, use, sell, or offer to sell the ATC pillow.

40. As a direct result of the letter from Defendant's counsel (Exhibit 6), a substantial

and continuing controversy of sufficient immediacy and reality exists, constituting as a valid and

justiciable controversy between the parties that warrants the issuance of a declaratory judgment

under 28 U.S.C. 2201(a) and Fed. R. Civ. P. 57 that the '920 patent is not infringed by the

ATC pillow and therefore, Plaintiff is permitted to continue manufacturing, importing,

marketing, using, selling, or offering to sell the ATC pillow.

-9-
 Case 2:17-cv-00487-DSC Document 1 Filed 04/14/17 Page 10 of 11

PRAYER FOR RELIEF

WHEREFORE, PLAINTIFF respectfully prays that:

(1) The Court enter judgment:

(a) Declaring that the '920 patent is invalid and unenforceable.

(b) Alternatively, if the Court finds the '920 patent to be valid and enforceable,

declaring that it is not infringed by the ATC pillow.

(c) Preliminarily and permanently enjoining Defendant and its officers,

directors, employees, servants, agents, affiliates, attorneys, and all others acting in privity or in

concert with any of them, or their parents, subsidiaries, divisions, successors, or assigns from

asserting, including filing or prosecuting any civil action or threatening to assert, any charge of

infringement of the '920 patent against Plaintiff or any of its manufacturers, distributors,

customers, potential customers, or users of the ATC pillow.

(d) Declaring this to be an exceptional case and awarding Plaintiff its costs and

expenses in this Action including reasonable attorneys' fees pursuant to 35 U.S.C. 285.

(e) Granting Plaintiff such other and further relief as this Court deems just and

proper.

JURY TRIAL DEMAND

Plaintiff demands a jury trial on all issues so triable.

-10-
 Case 2:17-cv-00487-DSC Document 1 Filed 04/14/17 Page 11 of 11

Respectfully submitted,

/s/ Christina Manfredi McKinley

H. Jay Spiegel Christina Manfredi McKinley

Virginia Bar No. 20647
Application for pro hac vice pending
H. Jay Spiegel & Associates
P.O. Box 11
Mount Vernon, VA 22121
Telephone: (703) 619-0101
Facsimile: (703) 619-0110
Email: jayspiegel@aol.com
Pa. ID No. 320002
COHEN & GRIGSBY, P.C.
625 Liberty Avenue
Pittsburgh, PA 15222-3152
Telephone: (412) 297-4900
Facsimile: (412) 209-0672
E-mail: cmckinley@cohenlaw.com
Counsel for Plaintiff, American Textile
Company, Inc.

Dated: April 14, 2017

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Case 2:17-cv-00487-DSC Document 1-1 Filed 04/14/17 Page 1 of 2
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EXHIBIT 1
Case 2:17-cv-00487-DSC Document 1-2 Filed 04/14/17 Page 2 of 2

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EXHIBIT 2
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EXHIBIT 3
 Case 2:17-cv-00487-DSC Document 1-4 Filed 04/14/17 Page 2 of 5

liiiiiiniwini US00D507920S

(12) United States Design Patent ao) Patent No.; US D507,92O S

Mack (45) Date of Patent: ** Aug. 2,2005

(54) PILLOW COVERING 0283,963 S * 5/1986 Rowland .. D6/599

5,084,928 A * 2/1992 SkilUngton 5/490
(75) Inventor: Beth Mack, Boca Raton, FL (US) 5,953,777 A * 9/1999 Buck S/636
0466,751 S * 12/2002 Costs et al. D6/601
(73) Assignee; Hollander Home Fashions Corp., * cited by examiner
Boca Raton, FL (US)
Primary Examinerhucy Lieberman
(**) Term: 14 Year^ (74) Attorney^ Agents or FirmLerner, David, littenberg,
Kramhofc ^ Mentlik, LLP
(21) Appi No.: 29/200,339 (57) CLAIM
(22) Filed: Fefc, 26,2004 Tbe ornamental design for a pillow covering, as shown and
(51) LOC (S) CI, 06-09 described.
(52) m. CI D6/601; D6/606 DESCRIPTION
(58) Meld of Search . 06/595-606; 5/632,
5/633, 636, 637, 639, 640, 644, 645, 648, FIG, 1 is a perspective view of a pillow covering showing
710, 722, 417-420, 653, 654,655, 655J, ray new design;
656, 655.5, 657, 655,9,49Q, 49X, 42, FIG, 2 is a front elevational view;
907 FIG, 3 is a rear elevational view;
FIG. 4 is a top plan view, the bottom plan view being
(56) References Cited identical thereto; and,
FIG. 5 is a right side elevational view, the left side eleva-
U.S. PATENT DOCUMENTS tional view being identical thereto,
1*262,510 A * 4/1918 Kelly 5/636' the broken lines shown in the drawings are for illustration
2*029,608 A * 2/1936 Bvtchmm 5/490 purposes only and form no part of tbe design sought to be
2,217,999 A * 10/1940 De WosJcm 5/484 patented.
3,148,389 A * 9/1964 Lustig 5/645
3,924,285 A 1^1975 Shave 5/636 1 Claim, 3 Drawing Sheets

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 Case 2:17-cv-00487-DSC Document 1-4 Filed 04/14/17 Page 3 of 5

U.S. Patent Aug. 2,200s Sheet 1 of 3 US D507,920 S

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U.S. Patent Aug. 2,2005 Sheet 2 of 3 US D507,920 S

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U.S. Patent Aug. 2,2005 Sheet 3 of 3 US D507,92O S

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EXHIBIT 4
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 2 of 37

I. KELLY.
PNEUMATIC PILLOW.
APPLICATION FILED SEPT. 1 5 , 1 9 1 6 .
Patented Apr. 9,1918.
1,362,510.

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 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 3 of 37

ITNTTED STATES PATENT OFFICE.

UDA KELLY, OF WACO, TEXAS.

PNEUMATIC PILLOW, .

1,363,510. Specification, of letters Patent. Patented Apr. 9,1918.

Application filed September 15,1916. Serial No. 120,298.

To all whom it may concern: sectional longitudinal view through the pil-
Be it known that I , Mrs. IDA KELLY, a low and ventilator.
citizen of the United States, residing at Fig; B is an enlarged .detail view of the
Waco, in the county of McLennan and State button hole end of the pillow casing. 60
6 of Texas, have invented certain useful Im- Similar reference characters indicate cor-
provements in Pneumatic Pillows, of which responding parts throughout the several
the following is a specification, reference views in the drawing.
being had therein to the accompanying _ Eeferring to the drawing in detail3 5 des-
drawing. ignates generally the pillow casing which 65
10 The invention relates to pillow attach- may be made of any washable material, and
ments, and more particularly to the class of of any desired shape, the same being pro-
ventilators for pillows, or mattresses or the vided with the ojjening 6 at one end., One
like. _ wall of the opening has mounted. thereon
The primary object of the invention is the buttons 7, while the other wall of said open- 70
15 provision of a ventilator of this character jng 6 is provided with button holes 8, and
wherein the same can be fastened within the in this opening 6 is adapted to be moyably
pillow casing, so that air will be freely ad-, inserted the ventilator hereinafter fully de-
mitted thereto, and also can be exhausted scribed.
. therefrom, thereby rendering the pillow The ventilator comprises an inner sub- 75
20. thoroughly sanitary when in use. stantially thimble shaped member 9 having
Another object of the invention is the an enlarged end 10, in which is formed an
provision of a ventilator of this character internally threaded socket 11, providing a
wherein the construction thereof is novel in seat for detachably receiving the externally
form, so that the pillow casing and its con- threaded stem 12 of a flared mouth piece 13, 80
25 tents can be thoroughly ventilated without which forms an air inlet and outlet for .a
possibility of the loss of any of the con- purpose presently described. .
tents thereof and at the same time permit- < The thimble shaped member is formed iii ;:
ting the expulsion of dust and foreign mat- its wall with a plurality of apertures 14,
ter from the contents of said pillow casing: providing air ports, while removably held 85
30 A further object of the invention is tho within the said seat in the socket 11 isv a
provision of a ventilator of this character wire mesh disk 15, providing a screen which
wherein the pillow will be rendered more is held within said socket when the stem 12
fluffy, and less perceptible of distention, re- is screwed therein.
suiting from the trapping of air within the The ventilator is mounted in the opening 90
35 casing thereof. 6 in the pillow casing & in a maimer as is
A still further object of the invention is clearly shown in Figs. 1 and 2 of the draw-
the provision of an attachment of this char- ing, the opening 6 being restricted about
acter which is extremely simple in construe- the stem 12 of the mouth piece 13 by the
tion, readily and easily inserted in the cas- engagement of the buttons 7 in the button 95
40 ing of a pillow, or removed therefrom, holes 8 thereby retaining the ventilator with-
strong, durable, thoroughly reliable, and effi- in the opening, and when the latter is in
cient m its purpose, and inexpensive in man- place, air will freely flow into the pillow
ufacture. casing 5, and also will be expelled therefrom
With these and other objects in view, the for assuring thorough ventilation to the pil- 100
45 invention consists in the features of con- . low, and especially its contents, as the con-
struction, combination and arrangement of tents thereof will be retained within the
parts, as will be hereinafter fully described, casing 5 as the screen 15 will block the ex-
illustrated in the accompanying drawing, pulsion of the contents when air is exhaust-
and pointed out in the claims hereunto ap- ed from the casing 5 of the pillow. 105
60 pended. On the removal of the ventilator in event
In the accompanying drawings: that' the same becomes choked with dust or
Figure 1 is a perspective view of the pil- other foreign matter, the mouth piece 13
low showing the ventilator constructed in can be readily detached from the thimble
accordance with the invention applied, member 9, to permit the convenient cleaning 110
55 f-hereto. of said ventilator, and also it will be ob-
Fig. 2 is a fragmentary enlarged vertical vious that the pillow is rendered more fluffy
Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 4 of 37
m 1)808,610
thereby assuring.."comfort to the user of the
same.. , / --
From the foregoing, it is thought that the
construction and manner of operation of the
5 ventilator in conjunction with the pillow
casing will be' clearly understood, and there-
fore, a more extended explanation has been
omitted. r'.
What is claimed is: _ arated side portions, a thimble having an
10 1. In a device of the kind described con-
sisting of a pillow casing having a filling,
all the sides of said casing being subsfcan-
tially closed except centrally of one edge,
where a slit is formed separating two sides
15 of the casing, a thimble shaped member
having an enlarged flange adapted to freely,
pass through the slit into said pillow cas-
ihg, one of the separated sides of said pil-
low casing being provided with a pair of
20 spaced apart button holes, and the other
separated side being provided upon its inner
face with a pair of buttons engaging said
button holes so as to frictionally cause said
separated sides to embrace the flange of said
25 thimble and hold the same against displace-
ment in one direction from said pillow cas-
ing, the flange of said thimble engaging the
. folded portions of the separated sides, of
said pillow casing, and a flared hollow
mouth piece connected to said thimble and SO
having' a portion engaging the outer face
of said separated sides,, said thimble being
provided with a plurality of openings.
2. A filled pillow casing having two sides
secured so as to form a permanently closed 86
edge, said last named edge being slit to pro-
vide a central opening so as to provide sepa-
enlarged flange insertible into said opening,
a flared hollow mouthpiece projecting into 40
said opening and being threaded into said
thimble and having a shoulder, the shoulder
of said mouthjuece and flange of said thim-
ble engaging opposite faces of said sepa-
rated side portions so as to be secured upon 45
said pillow casing, said thimble being pro-
vided with perforations, inter-engageable
fasterung members carried by said separated
side portions and adapted to cause said sep-
arated side portions to frictionally close 50
around the flange of said thimble and hold
the same against displacement from said
ox^enings, and a reticulated member inter-
posed between said thimble and said mouth,
piece. 55
In testimony whereof I affix my signature.
MRS. IDA KELLY.
Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 5 of 37

. 4, 1936. S. B U C H M A N 2,029,608
PILLOW
F i l e d Aug. 12, 1933

k
' 6

./
?%j.2

/-

<4-
FV^
7t^. 4-

3
I INVENTOR
J
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 6 of 37
Patented Feb. 4, 1936
UNITED STATES PATENT OFFICE
8,039,608
PILLOW
Samuel Buchman, Pittsburgh, Pa.
Application August 12, 1933, Serial No. 684,871
1 Claim.
I t is frequently desirable to aerate pillows, es-
pecially those stuffed with feathers, to prevent
their becoming musty or odorous, or t o dry them
out after they have become damp.
j Again pillows which have been used by a pa-
tient suffering f r o m a contagious or infectious
disease must be disinfected prior to f u r t h e r use.
Again the contents of a pillow, especially those
stuffed with feathers, tend after continued serv-
ice to become packed and matted, and need
loosening and fluffing up.
Moreover, medication is frequently accom-
plished by the inhalation of t h e vapors of a drug
or drugs placed adjacent to the nostrils of a
15 sleeper.
T h e principal object which I have in view is
the improvement of the structure of pillows of
all kinds, such as bed-pillows, sofa-pillows, etc.,
so t h a t they may be readily aerated, disinfected,
20 dried and then* contents loosened and fluffed as
by means of a blast of air or a suitable disinfec-
t a n t in gaseous form.
Another object in view is to provide the pillow
with a compartment or pocket in which drugs
25 or other substances may be placed, t h e vapors
or odors of which are to be inhaled by the sleeper.
Other objects will appear f r o m the following
description.
With these purposes in view, I provide the pil-
30 low with a pocket formed of flexible textile m a -
terial.which may be the same as t h a t of which
the pillow bag is made, which pocket has its
mouth open to t h e outside of the pillow and is so
attached, as by sewing to the material of t h e
35 pillow-bag, t h a t the pocket is held against being
rolled up. If desired, the pocket may be sewed
along one side to a longitudinal edge of the pil-
low-bag and a t its inner end to one of the side
walls of the latter, and with its mouth a t the end
40 of t h e pillow-bag.
I n the accompanying drawing, wherein I have
illustrated a practical embodiment of the prin-
ciples of my invention, Fig. 1 is a perspective
showing my invention embodied in a bed-pillow.
45 Fig. 2 is a n end view of the pillow.
Fig. 3 is a side elevation of the same.
Fig. 4 is a n enlarged side elevation of the
pocket before it is installed in the pillow-bag.
Referring to the drawing, i represents t h e pil-
50 low, which may be any type or character, but is
shown for the sake of illustration as a n oblong
bed-pillow.
At one end of t h e pillow-bag there is a n open-
55 ing 2 adjacent one of the longitudinal edges of
2,029,608
(CI, 5339)
t h e pillow-bag. This opening may be formed by
omitting to sew up a portion of t h e end seam of
the bag.
Into this . opening is inserted the pocket 3,
preferably of the oblong shape shown and having 5
an open mouth 4.
The side edges of the pocket mouth 4 are sewn
to the opposite edges of the opening 2 and the
pocket is held straightened out by having its in-
ner end sewn to one of the side walls of the pil- 10
low-bag as indicated a t 5. The longitudinal edge
of the pocket 3 may 'also be preferably sewn into
the adjacent longitudinal edge 6 of the pillow-
bag. Thus the pocket extends into the pillow-
bag and is held in its longitudinally extended 15
shape by attachment on t h r e e of its sides to por-
tions of the bag, so t h a t t h e pillow may be stuffed
without rolling up or collapsing t h e pocket, and
the pocket remains extended for its full length
while the pillow is in service. 20
When it is desired to inject dry or heated air
or any other gaseous substance into the pillow,
the nozzle of a blast device is inserted into the
pocket and the air or other gas is forced through
the feathers or other stuffing, aerating it or dis- 25
infecting it, drying it, or fluffing up the packed
or matted stuffing.
Again drugs or other substances, in proper
form, may be inserted in t h e pocket, so t h a t the
sleeper may inhale their vapors or odors. 30
For instance, cotton may be impregnated with
such drugs or other substances and be placed in
the pocket.
A marked advantage of my invention is t h a t
35
the stincture and shape of the pillow is not
changed by the inclusion therein of my invention.
The softness and comfort of the pillow are not
impaired. The additional cost is trifling and the
pocket structure will last as long as the pillow-
40
bag itself. Again the empty pillow-bag may be
readily washed and ironed.
I claim:
I n a pillow arranged to be stuffed with feathers
or like filling, the combination with a conven-
tional pillow casing formed of a bag of flexible 45
textile material, of a relatively small bag of flexi-
ble textile material sewed into the edge seam of
the casing and lying within the latter, said bag
having a n open mouth a t the seam of the casing,
said bag being arranged for the insertion therein 50
of means for forcing air throughout a n d through
the casing and its contents to renovate and re-
move dust from said contents.
SAMUEL BUCHMAN. 55
Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 7 of 37

Oct. 15, 1940. I. S . D E W O S K I N 2,217,999

PILLOWCASE CLOSURE

F i l e d O c t . 19, 1939

Y V

FIG.i.

jg^awae
i

+
4* 4

<5
3I FIG.2. FfG.3.
-J?

/- T5"

Irrjswrrxsrs S i

-s
A 2
2 J -JT
'<p /
A

FIG. 4 . Jr FiG.5.

INVENTOR '
IRVIN S. DE WOSKIN

BY
ATTORNEY*
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 8 of 37

Patented Oct. 15, 1940 2,217,999

UNITED STATES PATENT OFFICE

2,217,999
PILLOWCASE CLOSURE
irvin S. De Woskin, St. Louis, Mo.,, assignor to
Erex Non-Allergic Proflucts Company, St. Louis,
Mo., a firm .
Application October 19,1939, Serial No. 300,100
2 "Claims. (CI. 5-r-339)

This invention relates to certain new and use- posed inwardly so as to-form a n inverted pocket
ful improvements in pillowcase closures the pe- for reception of the adjacent end I ' of said pillow
culiarities of which will fee hereinafter fully de- proper. ^ , v <
scribed and claimed. This folded fabrlc strlp is preferably attached
5 The main objects of my invention are td provide by its doubled end edges 8 to both side edge por- 5
means first, to close the open end of the pillow- tions of the-dnclosirig^piHowcase by stitching- its
case so as to avoid contamination from outside doubled/'end edges to t h e pillowcase seam 9 a t
sources, and from feathers and other filling of both side/edge portions of "the pillowcase. By
the pillow itself; second, to maintain a closing such attachment, the inwardly disposed double
. 10 strip in its enclosed position adjacent t h e opening edges. 7 being unattached directly to the pillow- Ju
and without obstructing the entrance of the pil- case, will; allow thetoSeHion oi;the-- pillow proper
' low proper when locating it in the pillowcase; at either side of the folded strip while its ends
third, to use the expansive tendency of the pil- are held by their attachment to the side edge
low proper to hold the closure against the end of seams, or other side edge portions, of the pillow-
!5
t h e pillowcase after the open end h a s its meet- case. Id
ing edges temporarily fastened by a zipper or After t h e insertion of the; pillow proper into
other fastening device, and thus guard t h e meet- the pillow case, t h e edges 3 of t h e pillowcase
- ing edges of the pillowcase; fourth, to make such are brought together a n d temporarily held by
closure substantially impervious to moisture as t h e zipper, or other fastening device as indicated
0 well as t h e pillowcase itself; and other objects in Figs. 1, 2, 4 a n d 5, the expansive tendency of 20
hereinafter described and claimed. the pillow proper previously having its adjacent
In t h e accompanying' drawing in which like end inserted in t h e inverted pocket formed by said
reference numerals indicate corresponding parts: closure, will tend to expand outwardly and com-
Fig. 1 represents a perspective view of a pil-. press the said strip 5 against the adjacent por-
-5 low enclosed in a pillowcase having my improve- tions of the pillowcase, and against t h e inner ">?>
ments applied thereto; r face of the meeting edges 3 . held by said fastener
Fig. 2, a n enlarged plan view of one end of and thus close any slight opening left between
the pillowcase of Pig. 1, partly broken away and said meeting edges, while the backwardly extend-
without t h e pillow proper; ing portions of t h e strip are pressed outwardly
Fig. 3, a detail view of a lengthwise folded fabric against the adjacent portions of such end of t h e 30
strip adapted to be attached by its ends t o the pillowcase.
side portions or inside seams of the pillowcase; This fabric strip is preferably composed of
K g . 4, a n enlarged diagrammatic section on fabric, having its inner surface treated with a
t h e line 44 of Fig. 2 with the pillow proper ! suitable gummy or rubber solution to render i t
:i:j enclosed, and a side edge view of p a r t of t h e air tight, and water tight, similar t o the pillow- si
pillowcase; and case as indicated in Fig. 5.
Fig. 5, a yet larger side edge view of the end Any slight openings left by the fastening means
of the pillow proper and indicating its expanded between t h e meeting edges 3 of the pillowcase,
engagement of my closure and pillowcase shown are thus closed by the contact engagement be-
1
40 in section. . tween t h e outer end portions of t h e pillowcase
Referring to the drawing t h e numeral ( desig- and t h e fabric strip, under t h e expansive tend-
nates a pillow proper having feathers or other ency of t h e pillow proper disposed therein a s
filling enclosed in t h e tick in the usual manner, indicated in Figs. 4 and 5.
Enclosing this pillow proper is a pillowcase 2 Thus t h e particles of feathers or other filling
.r. having a t one end the usual end opening between of the pillow proper t h a t may be formed by con- 45
the end edges 3 which are brought together and tinued use of the pillow, are prevented froin
held by a zipper 4, or other means for temporarily working outward past t h e meeting edges 3 of the
holding said meeting edges as indicated in Fig. 2. pillowcase, and likewise any contamination of
Disposed within t h e pillowcase and adjacent the pillow proper f r o m outside sources t h a t might
'>:) the open end, is a closure consisting of a length- enter between t h e meeting edges 3 of t h e pillow- 60
wise folded fabric strip 5 of such length t h a t i t case is also avoided.
will extend from side edge^to side edge, of t h e ; While the pillowcase h a s one or both side edge
pillowcase when disposed therein with its folded portions joined by the usual seam 9 before men-
edge 6 disposed outwardly and adjacent t h e ends . tioned, the double end portions 8 of t h e length-
35 3 of t h e pillowcase, and its doubled edges 7 dis- wise folded fabric strip, m a y be otherwise secure- 56
Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 9 of 37
2 2,217,999
ly attached to the side edge portions of the pil-
lowcase to form the inverted pocket before de-
scribed. The said strip is thus held in position
permanently by its stitches to the seams 9 or
5 other sides portions of the pillowcase, so as to
allow insertion of the pillow proper past either
side of the strip beyond the inner edges T, and
then adjustment of the end of the pillow proper
between said edges as in a pocket, to effect close
JO contact between said strip and adjacent end por-
tions of t h e pillowcase when the zipper, or other .
fastening h a s brought the end edges of the pil-
lowcase together as above described.
Practical demonstration of such a pillowcase
15 and inserted fabric strip, both being practically
impervious to the passage of moisture or fine par-
t i d e s or other contamination, has proved its san-
itary qualities and has met the approval of doc-
tors and others having occasion to use a sanitary
20 pillow which Is subject t o absorption of germs and
passage of interior particles from inside, or out-
side, of the pillowcase.
In order to avoid soiling the pillowcase 2 in its
ordinary use, and consequent laundering of the
25 same, the usual pillow slip may be provided for
enclosing t h e pillowcase so t h a t the slip may be
removed and laundered when necessary.
X do not confine myself to the exact construc-
tion except by the appended claims.
so I claim:
1. The combination with a pillow proper and
a n enclosing pillowcase having the end edges of
its open end provided with temporary fastening
means to hold them together, of a lengthwise
folded fabric strip transversely disposed inside
the case with both its doubled ends stitched to 5
side edge portions of t h e case and having the side
edges of the strip unconnected to the case and
having its folded side edge, disposed outwardly
and its double side edges disposed inwardly like
a n inverted pocket, and attached to said case by W
its ends and adapted to allow insertions in the
case of t h e pillow proper a t either side of the
said strip and to allow the adjacent end of the
pillow proper to expand outwardly in said pocket
and hold said strip closely in contact with adja-
cent portions of the pillowcase.
2. The combination with a pillow proper and
a n enclosing pillowcase substantially impervious
to air and moisture having the end edges of its
open end provided with temporary fastening 20
means to hold them together, of a lengthwise
folded fabric strip substantially impervious to air
and moisture transversely disposed inside the
case with its doubled ends stitched to side edge
portions of the case and having the double side
edges of the strip free in order to permit inser-
tion of the pillow proper, and then afford a seal
for the closure due to the expansive tendency of
the pillow proper.
IRVIN S. DE WOSKHN. 30
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 10 of 37

Sept. 15, 1964 P. LUSTIG 3,148,389

PILLOW
Filed Jan. 9, 1963

VV\* 2D

t
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-28
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"T 1 q . &_ INVENTOR.
J I %4iSJ- ti/ST'/^-
^f=
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M, BY

Ae 6y 26- ATTORNEY,
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 11 of 37

United States Patent Office 3,148,389

Patented Sept. 15, 1964

1 2
According to a preferred form of the present invention
3,148,389 the body of the improved pillow is formed of four super-
PILLOW imposed substantially rectangular panels of a flexible ma-
Paul Lustig, Sherman Oaks, Calif., assignor to Purofied terial joined to each other along their longitudinal edges
Down Products Corp., New York, N.Y,, a corporation 5 and along one end edge, the other end edges of the upper
of New York pair of panels being joined as are the other end edges of
Filed Jan. 9,1963, Ser. No. 250,358 the lower- pair of panels. The upper pair of panels and
5 Claims. (CI. 5337)
the lower pair of panels delineate upper and lower closed
The present invention relates generally to improve- pockets respectively and the intermediate panels delineate
311
ments in pillows and the like, and it relates more partic- io intermediate open ended pocket, the open end of
ularly to an improved pillow having adjustable physical which is defined by the separately joined end edges of the
characteristics. upper and lower panel pairs. Mating separable fasteners
The conventional pillow generally includes a flexible are located along the outer edges of the intermediate
outer envelope or tick which encloses a resilient filler pocket to permit the closing thereof. The upper and
\ which may be of a unit of continuous nature such as a ig lower pockets contain a relatively soft filler material,
I
sponge rubber or any of -the foamed synthetic elastomers The inserts are rectangular slabs of a relatively hard
or may comprise down, a resilient natural or synthetic foamed resilient elastomeric material enclosed in a flexible
fiber or a particularly resilient material as is well known sheath and one or more of these inserts are selectively
in the art. The softness of the pillow, that is its response removably disposed in the intermediate pocket and are
eac
to applied pressure, is determined by the type of filler 20 ^ substantially coextensive therewith.
employed and by the bulk density or compactness thereof. Referring now to the drawing which illustrates a pre-
The stiffer the filler and the greater the compactness ferred embodiment of the present invention, the refer-
thereof, the harder the pillow. However, -the softness of ence numeral 10 generally designates the body of the
the conventional pillow in many cases cannot be adjusted improved pillow which may be of any desired overall
and in other cases requires a complete alteration includ- 25 configuration and is preferably of rectangular shape as
ing the opening and closing of the tick and the modifica- illustrated. The pillow body 10 includes upper and lower
tion of the filler, an operation which is not only incon- closed pockets 11 and 12 respectively and an open ended
venient but economically unfeasible. It is well known intermediate pocket 13 provided at its open end with re-
that different persons prefer pillows of different degrees leasable closing means, as will be hereinafter set forth,
of softness and are usually uncomfortable when using 30 the pockets 11, 12 and 13 being substantially coexten-
pillows to which 'they have not accommodated. Thus sive with the length and width of the pillow.
when purchasing or acquiring a pillow care must be taken The pillow body 10 is formed of top and bottom rectan-
to select one possessing the desired degree of softness gular flexible panels 14 and 16 and upper and lower in-
since 'this cannot normally be adjusted. Furthermore, termediate rectangular flexible panels 17 and 18 respec-
transient guests in hotels, motels, and the like often spend 35 tively. The coinciding longitudinal borders 19 of the
uncomfortable nights by reason of the personal unsuita- panels 14, 16, 17 and 18 are folded inwardly and joined
bility of the provided pillow. by lines of stitching and the coinciding transverse borders
It is thus a principal object of the present invention to 20 'along one end of the panels 14, 16, 17 and 18, are
provide an improved pillow construction. likewise folded inwardly and joined by a line of stitching.
Another object of the present invention is to provide 40 The transverse end borders 21 of the top and upper in-
an improved pillow of an adjustable physical character. termediate panels 14 and 17 opposite the borders 20 are
Still another object of the present invention is to pro- joined by a line of stitching and the transverse end borders
vide an improved pillow possessing an adjustable degree of the bottom and lower intermediate panels 16 and 18
of softness. opposite the borders 20 are likewise joined by a line of
A further object of the present invention is to provide a ^ stitching. The upper closed pocket 11 is delineated by
pillow of the above nature characterized by its versatility, the top and upper intermediate panels 14 and 17 and the
simplicity, ease of use, large range of adjustability, and lower closed pocket is delineated by the bottom and lower
low cost. intermediate panels 16 and IS. The intermediate pocket
The above and other objects of the present invention 13 is delineated by the intermediate panels 17 and 18 and
will become apparent from a reading of the following 50 is provided with an end opening 23 edged by the borders
description taken in conjunction with the accompanying 21 -and 22. It should be noted pairs of the panels 14,16,
drawing, wherein: 17 and 18 may be integrally joined along a common edge
FIGURE 1 Is a top perspective view of the body mem- and that the pillow body may be constructed and assem-
ber of a pillow embodying .the present invention; bled in accordance with .the usual practice.
FIGURE 2 is a longitudinal sectional view taken along re In order to facilitate the opening and closing of the
line 22 in FIGURE 1; pocket 13 there are located along the borders 21 and 22
FIGURE 3 is a transverse sectional view taken along separable mating fasteners as defined by a slide fastener
line 33 in FIGURE 1; 24 of conventional construction, opposite mating strips
FIGURE 4 is a perspective view of the pillow in a of which are suitably attached to the respective borders
pocket open position, and a pair of inserts disposed in gp 21 and 22.
alignment with the pocket opening; The closed pockets 11 and 12 contain a relatively soft
FIGURE 5 is a transverse sectional view of the pillow filler material A of any well known composition and con-
shown housing a single insert; and tent such as, down, natural fibers, synthetic fibers, for ex-
FIGURE 6 is a transverse sectional view of the pillow ample Acrilan or Vycron, or the like. The panels 14,
shown housing a pair of inserts. 16,17 and 18 are formed of any suitable ticking material
65
In a sense the present invention contemplates the pro- such as woven or knitted fabrics of natural or synthetic
vision of an adjustable response pillow comprising a main fibers or blends thereof, and the various panels may be
body member containing a filler, means defining a cavity formed of the same or of different materials.
located in said body member and separated from said Associated with the pillow body 10 are one or more inr
filler, and having an opening affording access thereto, sert members 26 which are employed to affect the ad-
and a removable resilient insert removably nesting in said 70
justment of the pillow softness. Each of the insert mem-
cavity. bers 26 includes a rectangular slab 27 formed of a foamed
Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 12 of 37

3,148,389
3 4
elastomeric material such as synthetic or natural sponge panels along said other end thereof and the edges of said
rubber, foamed elastomeric polyurethane of other foamed bottom inner and outer panels along said other end being
synthetic elastomer. It should be noted that the slab 27 is respectively joined whereby said top panels and said bot-
advantageously harder than the filler carried by the closed tom panels delineate top and bottom closed pockets and
pockets 11 and 12. The slab 27 is enclosed in a sheath 5 said inner panels delineate a pocket having an end access
28 formed of a flexible material which may be of the opening, separable fasteners disposed along opposite edges
type forming the pillow body panels. of said access opening to permit the releasable closing
The slab 27 is advantageously of a shape substantially thereof, a relatively soft resilient filler material disposed
similar to the body forming panels but of somewhat small- in said top and bottom pockets, and a plurality of super-
er transverse longitudinal and transverse dimensions so 10 imposed slabs of a relatively hard elastomeric material in-
as to fit in a nesting position in the pocket 13 and be dividually separably nesting in and substantially coexten-
substantially coextensive therewith. The thickness of sive with said cavity and individually separably movable
each of the insert members 26 as related to the pocket through said access opening into and out of said cavity.
13 is such as to permit the nesting of a plurality of coin- 3. An adjustable response pillow comprising a main
ciding superimposed insert members, for example two, in 15 body member containing a filler, means defining a cavity
the pocket 13. located in said body member and separated from said
In employing the improved adjustable pillow described filler and substantially coextensive with the length and
above, when a soft -pillow is desired, the pillow is used width of said body member, said body member having
without any of the insert members 26, as illustrated in an opening formed therein along an edge thereof for a
FIGURES 1 to 3 of the drawing. In the event that a 20 major part of the length of said edge affording access
harder pillow is desired, the slide fastener 24 is opened therethrough to said cavity, and a plurality of individual
to afford access into the intermediate pocket 13 and an resilient insert units separably nesting in said cavity and
insert member 26 is placed in the pocket 13 and the slide removable therefrom and insertable therein through said
fastener 24 closed. The pillow is thus of the form shown opening and occupying substantially a major part of the
in FIGURE 5 and is of a medium hardness by reason of 25 length and width of said cavity, said means defining said
the decrease in the aggregate compressibility thereof per cavity including confronting upper and lower flexible
unit of downward force. The slab 27 being of an elasto- walls which are normally in superimposed contact in the
meric material the desirable properUes of the pillow are absence of said insert units.
still retained. A pillow of stili greater hardness may be 4. An adjustable response pillow comprising a main
achieved by nesting a pair of superimposed coinciding in- 30 body member having upper and lower outer flexible walls
sert members in the pocket 13 in the manner described and upper and lower inner flexible walls, said upper walls
above, to produce the structure illustrated in FIGURE 6. and said lower walls delineating upper and lower sub-
Thus with the arrangement shown the pillow may be ad- stantially coextensive pockets respectively and said inner
justed to three degrees of hardness. The number of de- walls delineating a substantially coextensive inner cavity,
grees of hardness available would of course depend on said body member having an opening formed therein
the number of insert members 26 which may be nested along an edge thereof for substantially a major part of
in the pocket 13, which insert members may vary in thick- the length of said edge affording access therethrough to
ness. Furthermore, while the pillow has been illustrated said cavity, a resilient filler material disposed in said up-
as of rectangular configuration it may be formed in any per and lower pockets, a resilient insert member separably
other desirable shape. 40 n e s tj n g jn s a id cavity and movable through said opening
While there has been described and illustrated a pre- into and out of said cavity and occupying substantially a
ferred embodiment of the present invention, it is apparent major part of the length and width of said cavity, said
that numerous alterations, omissions and additions may inner walls delineating said cavity being in confronting
be made without departing from the spirit thereof. superimposed contact in the absence of said insert mem-
45
Wbat is claimed is: ber.
I, An adjustable response pillow comprising a plurality 5. An adjustable response pillow comprising a main
of coextensive flexible substantially rectangular panels body member having upper and lower outer flexible walls
including top and bottom outer panels and top and bot- and upper and lower inner flexible walls, said upper walls
tom inner panels disposed between said outer panels, the and said lower walls delineating upper and lower substan-
corresponding side edges and the edges along one end of 50 tially coextensive pockets respectively and said inner walls
said plurality of panels being; joined, and the edges of delineating a substantially coextensive inner cavity, said
said top inner and outer panels along said other end there- body member having an opening formed therein along an
of and the edges of said bottom inner and outer panels edge thereof for substantially a major part of the length
along said other end being respectively joined whereby gg of said edge affording access therethrough to said cavity,
said top panels and said bottom panels delineate top and a resilient filler material disposed in said upper and lower
bottom closed pockets and said inner panels delineate pockets, a plurality of resilient insert members separably
a cavity having an end access opening substantially co- nesting in said cavity and individually movable through
extensive with a corresponding edge thereof, a relatively said opening into and out of said cavity and being sub-
soft resiKerit filler material disposed in said top and bot- stantially coextensive with said cavity, said inner walls
tom pockets, and a resilient insert member separably nest- 60 delineating said cavity being in confronting, superimposed
ing in and substantially coextensive with said cavity and contact in the absence of said insert members.
movable through said access opening into and out of said
cavity, said inner panels being normally in confronting . References Cited in the file of this patent
superimposed contact in th(? absence of said insert mem" gg UNITED STATES PATENTS
ber.
" 2. An adjustable response pillow comprising a plurality 2,118,486 Buchman May 24, 1938
of coextensive flexible panels including top and bottom 2,293,530. Beehler __ Aug. 18, 1942
outer panels and top and bottom inner panels disposed 2,815,515 McKinley Dec. 10,1957
between said outer panels, the corresponding side edges ^ ' 2,898,975 Wagner __ Aug. 11, 1959
and the edges along one end of said plurality of panels 2,962,731 Bounds __ Dec. 6, 1960
being joined and the edges of said top inner and outer 3,089,154 Boyles May 14,1963
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 13 of 37

United States Patent im [it] 3,924,283

Shave [45] Dec. 9, 1975

[54] CUSHION CONSTRUCTION 3,842,453 10/1974 Redfield 5/338

[76] Inventor: Robert C. Shave, 33 Sutton SW.,
Grand Rapids, Mich. 49507 Primary ExaminerPaul R. Gilliam
Assistant ExaminerAndrew M. Calvert
[22] Filed: Aug. 5, 1974
[21] Appl. No.: 494,713
[57] ABSTRACT
A cushion of the type having a plurality of forms of
[52] U.S. CI 5/338; 5/361 B
[51] Int. CI.2 resilient material has a core of foam rubber or its
.. A47G 9/00; A47C 27/00 equivalent, with a cross-section preferably suggestive
[58] Field of Search 5/337, 338, 345, 355, 340,
of an I beam. The foam rubber slab in the position of
5/361 B; 128/57, 68
the web is normally horizontal, with this characteristic
[56] "I" cross-section extending substantially throughout
References Cited
the length of the pillow. The foam rubber core is sur-
UNITED STATES PATENTS rounded by a padding of preferably fibrous batting,
3,109,182 11/1963 Doak . 05/337 and this assembly is surrounded by a cover.
3,124,812 3/1964 Milton et a!. 5/338
3,362,032 1/1968 Summers 5/338 X 4 Claims, 3 Drawing Figures

10

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Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 14 of 37

U.S. Patent Dec. 9 1975 3,924,283

10

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 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 15 of 37

3,924,283
1 2
DESCRIPTION OF THE PREFERRED
CUSHION CONSTRUCTION
EMBODIMENT
:
The pillow shown in FIG. 1 has a cover 10 surround-
BACKGROUND OF THE INVENTION 5
ing the interior construction shown in FIG. 2, A central
Pillows and upholstered structures have frequently slab 11 of foam rubber has the edge portions 12-13 and
14-15 providing an increase in thickness along these
reflected the fact that a soft support may best be com-
edges. These portions are preferably trapezoidal in
bined with at least some ability of the support to main-
crosssection, with the end configuration showing in
tain its shape. This need has resulted in the use of such 10 FIG. 3 extending throughout the length of the pillow.
materials as foam rubber as a shape-maintaining resil- An inner layer of padding is shown at 16 and 17 extend-
ient core, which is surrounded b y a padding to provide ing between the edge portions 12-14 and 13-15, re-
the feeling of a down-like softness. Composite pillows spectively. The outer layer of padding 18 surrounds this
are shown in a number of patents such as the 1960 U.S. ^ entire assembly; and is, in turn, surrounded by the
Pat. of Boos, No. 2,940,088. My co-pending applica- 15 cover 10.
tion Ser. No. 363,750, filed May 24, 1973 also shows a In a production version of the present invention, the
pillow construction of this general type. length of the pillow was selected at between 18 and 20
Where the pillow is to have some therapeutic value, inches. The total uncompressed thickness is about 6
it is important that the relative distribution of the sev- inches. With these proportions, the central slab 11 was
eral resilience materials produce a resiliency gradient 20 selected at % of an inch in. thickness and 10 inches in
across the pillow in conformity with the needs of the width, with the length extending throughout the length
human body. Once the gradient is determined, the pil- of the pillow (with no provision for padding at the op-
low construction should be easily manufactured, and posite ends). All of the trapezoidal portions 12-15
capable of maintaining its original shape and resiliency were an inch and % in thickness, 2 inches along the
25 shorter of the parallel sides, and 3 inches along the
characteristics. These considerations form the objec-
longer of the parallel sides. A very close approach to
tives of the present invention. this configuration is easily obtainable through molding
SUMMARY OF THE INVENTION techniques in which a self-foaming material is injected
into a form, and permitted to fully occupy the space of
A core preferably of foam rubber has a slab of this 30 the form as it proceeds to cure into permanent condi-
material that is centrally relatively thin with respect to tion. The relationships stated above are preferable, ac-
the uncompressed thickness of the complete pillow. cording to experience, and produce a group of interest-
This slab has an increase in thickness along at least two ing ratios. The thickness of the portions 12-15 is ap-
opposite edges forming a configuration analogous to proximately twice the thickness of the central web slab
the web and flanges of either a "channel" or an " I " 11. The ratio of the width of the parallel sides of the
beam. This core is surrounded by a padding, preferably trapezoidal sections is in the ratio of 2 to 3, and the
of a fibrous batting materia! so that an inner layer may longer side is approximately twice the distance between
be interposed along the central slab of foam rubber be- the parallel sides. The length of the shorter of the paral-
tween the opposite portions of increased thickness. The lei sides is also^approximately 1/5 of the width of the
ce tI
effect of the rpreferred " I " -shaped configuration of the " r w e ^ ' . f ,
. -u;-. u- u It should be noted that the lateral extension of the
core produces a reversibihty of the cush-on both face- w e b slab dllces containment of the ddi mate_
for-face, and edge-for-edge. In all of these posihons, m p a r t u l a t i y tfe, positioned as shown at 1 and 17.
the cushion provides an increased support under the T h e p e r n l a n e n C e of this arrangement is easily assured
neck of the user, while providing a soft nest-like recep- 45. by spraying them with some, form of adhesjve prior to
tacle for the head. Maintenance of this type of support assembly. This is standard practice in many forms of
has considerable therapeutic value in normalizing the upholstered construction. The nature of all of the foam
position of the spinal components to eliminate a tnuscle components is best described by reference to standard
strain and the pinching of nerves resulting from the dis- specification criteria for foam rubber. The production
5
torted relative placement of the vertebrae. 0 version referred to above utilizes a material generally
The presence of the continuous "web" slab provides referred to as " 1014". This specification is generally
a lateral containment of the shape of the cushion; and recognized in the industry. The first two digits of the
also a degree of planar containment as the web deflects number establish the density of the material (1.0), and
under pressure, and then returns to its original configu- second two specify the weight required to delect
m er a to
ration on release of the pressure. The entire foam rub- ^ ^ ' S^vn percentage of its original tlwck-
ness
ber core element is easily manufactured either from - ^ test details associated with these specifics-
slab stock, or molded in one operation from a self- S 0 " 8 " 6 f ^ n d a r d s o that such a number fully .dent.-
j. . ^ ^ . . . , fies the characteristics.
foaming nicttdial according to well cst^ulisiico infiits- j clsitn"
trial techniques. 60 j . A pillow having both foamed resilient material and
DESCRIPTION O F THE DRAWINGS a padding within a cover, wherein the improvement
comprises: a configuration of said foamed resilient ma-
FIG. 1 is a perspective view of a complete pillow em- terial including a central slab and portions of substan-
bodying the present invention. tially increased thickness along at least two opposite
Fig. 2 is a perspective view showing the core and pad- 65 edges of said slab, said padding surrounding said
ding of the material, with the cover removed. -s formed resilient material and filling the space between
FIG. 3 is an end view of the structure shown in FIG. th6 portions and.adjacent said siab to form a faired con-
tour around the periphery of said pillow, wherein said
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 16 of 37

3,924,283
3 4
portions of increased thickness extend from the planes ding is fibrous bat material.
4. A pillow as defined in claim 3, wherein an inner
of the opposite sides of said siab, wherein the said por- layer of said bat material is disposed on opposite sides
tions extend from said planes a distance of substantially of said slab exclusively between said portions of in-
twice the thickness of said slab; 5 creased thickness, and an outer layer surrounds said
foamed resilient material and said inner layer.
2. A pillow as defined in claim 1, wherein said por-
tions are trapezoidal in cross-section.
3. A pillow as defined in claim 1, wherein said pad-
10

15

20

25

30

35

40

45

50

55

60

65
Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 17 of 37

United States Patent [19] [ii] Patent Number: Des. 283,963

Rowland [453 Date of Patent: ** May 27,1986

[54] PILLOW D. 246,815 1/1978 Sillers ... D6/599

2,961,668 11/1960 Hayes D6/599 X
[76] Inventor: Frieda H. Rowland, 7024 Via Nueva, 3,613,133 10/1971 Isola et a! D6/599 X
Scottsdale, Adz. 85258 4,458,372 7/1984 Mills 5/413
[**] Term: 14 Years Primary ExaminerNelson C. Holtje
Assistant ExaminerTheodore M. Shooman
[21] Appl. No.: 793,349 Attorney, Agent, or FirmWarren R B. Lindsley
[22] Filed: Oct. 25,1985 [57] CLAIM
[52] U.S. a D6/599; D6/601 The ornamental design for a pillow, as shown and de-
[58] Field of Search D6/595, 596, 599, 601, scribed.
D6/602, 603, 502; 5/413, 434, 436,462, 482,
485, 490 DESCRIPTION
[56] References Cited FIG. 1 is a front and side perspective view of a pillow
showing my new design;
U.S. PATENT DOCUMENTS FIG. 2 is a top plan view thereof;
D. 167,433 8/1952 Van Laar ... 5/434 X FIG. 3 is a bottom plan view thereof;
D. 170,348 9/1953 Aronov D6/599 X FIG. 4 is a right side elevational view thereof; and
D. 190,621 6/1961 Foster ... D6/599 FIG. 5 is a rear elevational view thereof.

te * -

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 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 18 of 37

U.S. Patent May 27,1986 Des. 283,963

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 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 19 of 37

US005084928A
United States Patent [u] 111] Patent Number: 5,084,928
Skillington [45] Date of Patent: Feb. 4, 1992

[54] PILLOWCASE FORMED OF ELASTIC

FOREIGN PATENT DOCUMENTS
FABRIC
1432654 4/1976 United Kingdom 5/490
[76] Inventor: Adrienne M. Skillington, ISO Borica
Way, San Francisco, Calif. 94127 Primary ExaminerRenee S. Luebke
Assistant ExaminerF. Saether
[21] Appl. No.: 610,436 Attorney, Agent, or FirmFlehr, Hohbach, Test,
Albritton & Herbert
[22] Filed: Nov. 7,1990
[57] ABSTRACT
[51] Int. CI.' A47G 9/02
A wrinkle free pillowcase for use in conjunction with a
[52] U.S. a. 5/490; 5/482;
5/485
pillow of specific length and width measurements. The
pillowcase includes at least a first and second section of
[58] Field of Search 5/490, 485, 486, 434,
fabric joined along three sides, each section of fabric
5/436, 437, 441, 482
having a length and width measurements less than that
[56] References Cited of the pillow. Releasable fasteners are provided along a
fourth side of the pillowcase so that the pillowcase is
U.S. PATENT DOCUMENTS fastenable about the pillow. The fabric is smooth and
1,542,561 6/1925 Laskin 5/490 radially elastic so that when the pillow is placed within
1,716,145 6/1929 Moudry 5/490 the pillowcase and the fasteners fastened, the compres-
3,312,987 4/1967 Emery . sive strength of the pillow causes the radially elastic
3,411,164 11/1968 Sumergrade 5/434 fabric to stretch across the surface of the pillow creating
3,507,727 1/1970 Marshack... 5/490 a surface tension in said fabric which removes creases
3,789,441 2/1974 Weiss . from the fabric, thereby creating a crease free surface in
4,508,044 4/1985 Downey 5/490 the pillowcase.
4,651,371 3/1987 Hahn 5/490
4,864,669 9/1989 Jones 5/490
4,908,893 3/1990 Smit 5/434 11 Claims, 4 Drawing Sheets

14 16
10

PILLOW WITH
STANDARD PILLOW PILLOWCASE
PILLOWCASE

r- p* T
r-

"-12
*-12
Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 20 of 37
U.S. Patent Feb. 4, 1992 Sheet 1 of 4 5,084,928

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Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 22 of 37

U.S. Patent Feb. 4, 1992 Sheet 3 of 4 5,084,928

10-^

22 - v S

20 'PEN'
'CLOSED'

22
21 12
12

FIG.-3A FIG.-3B

'PEN'

30 'CLOSED'

30

FIG.-3C FIG.-3D'
Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 23 of 37

U.S. Patent Feb. 4, 1992 Sheet 4 of 4 5,084,928

41 42

10

43

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VELCRD 12
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FIG.-4
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 24 of 37

5,084,928
1 2
tain a wrinkle free appearance, the person must neces-
PILLOWCASE FORMED OF ELASTIC FABRIC sarily lug around the bulky fixed position pillow.
Having discussed prior art "pillows" which are de-
TECHNICAL FIELD signed to provide wrinkle free sleep, attention is now
5 drawn to "pillowcase" prior art. Although the prior art
The present invention relates, in general, to pillow
does not teach a wrinkle free pillowcase, the prior art
cases for bed pillows and the like produced in bedding
includes pillowcases that have been developed to pro-
industry sizes such as standard, queen and king. More tect hairdos overnight without caps, nets, clips, or
specifically, the invention relates to wrinkle free pillow wraps. Satin has been used as the material in this type of
cases for use with these pillows. 10 pillowcase. Although satin may be a smooth material
BACKGROUND ART which protects hairdos, it is still capable of creasing
and, therefore, producing wrinkles in the face of one
It is well known that when human skin rests, against who sleeps on it.
an uneven surface, the pattern of that uneven surface is Accordingly, it is an object of the present invention
impressed into the human skin. This is quite noticeable, provide a wrinkle free pillowcase which when used
for example, when a person sits on grass. It is only a with a specific sized bed pillow creates a wrinkle frefe
matter of time until blood circulation returns to the surface.
vessels in the skin tissue and the skin resumes its natural It is another object of the present invention to pro-
pattern, thus eliminating the impression. vide a wrinkle free pillowcase which can be made of
As the human body ages, however, it takes longer for 20 varying sizes to accommodate standard, queen and king
the body to remove skin impressions. Normally, this size pillows common in the bedding industry, regardless
presents no problem because a person embarrassed of fiber content, be it down feathers, polyesterfiberfill,
about an impression may simply wear clothing over the foam rubber or a variation thereof, as long as the size of
impression. But when the impression occurs on the face, the pillow meets the industry specifications.
covering it with clothing is not an option. 25 It is still another object of the present invention to
The problem of facial impressions is most acute in provide a wrinkle free pillowcase of a nylon spandex
senior women and frequently arises as a result of sleep- material which is stretched tautly across the surface of
ing on a pillow, pillowcase or other surface which is ft pillow in such a manner as to create a smooth wrinkle
capable of creasing. The crease in the pillow or pillow- free surface on the exterior of that pillow.
case surface is transferred into a wrinkle in the human 30 It is yet a further object of the present invention to
face. For most people, a shower is sufficient to remove provide a yelcro, zipper or other closure to securely
the wrinkle from the face, but this is not so among the ^old the pillowcase of the present invention about a
middle-aged. In some instances, the wrinkle may sur- pillow.
vive the shower and present a facial wrinkle that the The attainment of the foregoing and related objects,
bearer is embarrassed to have. 35 advantages and features of the invention should be more
As a result, several prior art devices have been devel- readily apparent to those skilled in the art, after review
oped to allow a middle-aged person to sleep comfort- of the following best mode of carrying out the present
invention, taken together with the drawings.
ably in a manner which does not subject the face to
creases. One such prior art device is disclosed in U.S. DISCLOSURE OF T H E INVENTION
Pat. No. 3,312,987 for a Small Wrinkle Free Face Pil- 40
A wrinkle free pillowcase in accordance with the
low, issued to William M. Emery on August 11, 1967.
present invention is for use with a bed pillow and in-
The patent to Emery discloses a small inflatable pillow
cludes at least a first and second section of fabric joined
having an inflatable bladder covered by a sheet of foam along three sides, each section of fabric having a length
to provide a feeling of softness over the exterior of the 45 and width measurements less than that of the pillow.
pillow. The device of the Emery patent, however, suf- Releasable fasteners are provided along a fourth side of
fers from several drawbacks. First, the Emery pillow- the pillowcase so that the pillowcase is fastenable about
case cannot be used without the Emery pillow. Second, the pillow. The fabric is smooth and radially elastic so
since the pillow supports , only the head, jaw and cheek
. that when the pillow is placed within the pillowcase and
of a user, A e number of positions that a user may sleep 5 0 t h e f a s t e n e r s fastened, the compressive strength of the
in is limited. Third, a person requiring a soft down-filled pillow causes the radially elastic fabric to stretch across
or fibre-filled pillow cannot use the device of Emery t h e s u r f a c e o f t h e p i l l o w c r eatmg a surface tension in
because it is too structured and too firm. said fabric which removes creases from the fabric,
Other prior art pillow devices include a normal bed thereby creating a crease free pillowcase surface,
pillow having a central depression for accommodating 55
the back of a human head. The design strategy is to BRIEF DESCRIPTION OF T H E DRAWINGS
accommodate the back of the head so that the face does piG. 1(a) is a perspective view of the pillowcase of
not come in contact with a surface or, to the extent it the preferred embodiment for a standard size pillow,
does, the surface is merely tangential to the face and, FIG. 1(b) is a perspective view of a standard size bed
therefore, very little pressure is applied to the face, go pillow.
minimizing the likelihood of a wrinkle. FIG. 1(c) is a perspective view of the pillowcase of
All these prior art devices, however, suffer from FIG. 1(a) on the pillow of FIG. 1(6).
deficiencies. For example, they all possess a solid pillow FIGS. 2(a)-(c) illustrate top views of the pillowcase
structure which essentially holds the head in a fixed or of the preferred embodiment for a standard pillow, a
relatively fixed position. A disadvantage presented by 65 standard pillow and a standard pillow having the pil-
such a structure is that it denies a person the opportu- lowcase thereon, respectively.
nity to sleep in different positions. A second disadvan- FIGS. 3(a)-() illustrate velcro closures on the pillow
tage is that if a person is traveling and desires to main- case of the preferred embodiment.
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 25 of 37

5,084,928
3 4
FIGS. 3(c}-(d) illustrate zipper closures on the pil- the preferred embodiment, this material is 85% nylon
lowcase of the preferred embodiment. and
FIG. 4 illustrates the construction and specifications The invention, however, is not limited to these spe-
of the pillowcase of the preferred embodiment includ- cific percentages. Rather, the general requirement of
ing the addition of lace. 5 the material is that it be smooth yet elastic along all axes
in the plane of the material. Other fiber content combi-
BEST MODE OF CARRYING OUT THE nations that are workable include 80% nylon-20% span-
INVENTION dex, 60% nylon-40% spandex, 75% nylon-25% spandex
In the bedding industry, there are primarily three and 50% nylon-50% spandex. It should be appreciated,
pillow sizes. These are the standard size, queen size and 10 however, that a pillowcase 10 made of these combina-
king size. Although standard, queen and king size pil- tions would have to be adjusted dimensionally to com-'
lows may contain different fdl material, ranging from pensate for the change in relative elasticity. Note also
polyfill to down, the overall dimensions of the'pillow, that a 93% nylon-5% spandex material is commercially
particularly the width and length are substantially the available, but this material yields poor results because it
same for all pillows within the respective sizes of stan- 15 does not have enough elasticity.
dard, queen and lung. The width and length measure- Referring to FIGS. 2(a)-(c), the dimensional aspects
ments of a standard size are 20 inches by 26 inches. For of the pillowcase 10, standard pillow 14 and combined
a queen size pillow, they are 20 inches by 30 inches and pillow and pillowcase 16, are illustrated from a top
for a king size pillow they are 20 inches by 36 inches. perspective. It is apparent that the pillowcase 10 is 15
Hie discussion that follows will focus mainly on the 20 inches in width and approximately 22 inches in length,
standard sized pillow in an effort to illustrate the pre- excluding the portion which accommodates the closure
cepts of the invention. It will be understood, however, mechanism (in this case, VELCRO brand hooks and
that the teaching of the present invention with respect loops fastener strips 12). The pillowcase 10 fits about
to a standard size pillow is readily extendable to a queen the larger standard pillow 14. It is apparent from FIG.
and king size pillow. The physical dimensions of the 25 2(c) that the combined pillow and pillowcase 16 is only
pillowcase for use with a queen or king size pillow are slightly smaller than the standard pillow 14 alone,
simply extrapolatable from the dimensions of the stan- Referring to FIGS. 3(a)-(*0 closure mechanisms of
dard size pillowcase and standard size pillow. the wrinkle free pillowcase 10 will now be described.
Referring to FIGS. a pillowcase 10 of the Referring to FIG. 3(a), the VELCRO closure mecha-
preferred embodiment for a standard size pillow 14 is 30 nisms (12 of FIGS. 1 and 2) are shown in greater detail,
shown. The primary purpose of FIG. 1 is to illustrate On one side of the pillowcase opening 20 are stitched
the physical characteristics of the pillowcase alone and two male (hooks) VECLRO strips 21. Opposite these
as used on a standard sized pillow 14. Referring to FIG. strips 21 are two female (loops) VELCRO strips 22.
1(a) it is apparent that the pillowcase 10 has a smaller Once the pillow 14 is inserted inside the pillowcase 10
width and length than the pillow 14 on which it is used. 35 and the pillowcase 10 pulled taut across the surface of
Thus, as will be described in more detail below, the the pillow 14, the male and female VELCRO strips
pillowcase 10 is made of an elastic material that is radi- 22-21 are pushed together to seal the pillowcase 10
ally elastic about 360*. The pillowcase 10 is stretched about a pillow 14. The closed pillowcase structure is
over the pillow 14 and sealed at its open end. The illustrated in FIG. 3(A). The position of the VELCRO
stretched pillowcase material creates a surface tension 40 strips in the sealed pillowcase arrangement is indicated
across the surface of the pillow 14. This smooth surface by the reference numeral 12. In the preferred embodi-
tension (illustrated in FIG. 1(c)) creates an essentially ment, the pillowcase 10 must necessarily have closures
crease free surface. The specific dimensions of the pil- 12 to ensure that the pillowcase material is pulled taut
lowcase 10 and the pillow 14 will now be described in across the surface of the pillow 14, thereby eliminating
more detail. 45 creases in the pillowcase 10.
The pillowcase 10 has a length of approximately 22 to Referring to FIGS. 3(c)-{cf)> a zipper 30 is shown,
23 inches. Approximately 1 inch of this length accom- alternatively, as a closure mechanism. In FIG. 3(c), the
modates a velcro strips 12 which secures the pillowcase zipper 30 is shown in the open position. In FIG. 3(d),
10 about pillow 14. The width of the pillow 10 is ap- the zipper 30 is shown in the closed position. A standard
proximately 15 inches. By contrast, a standard pillow 50 zipper 30 for use in this embodiment is well known in
has a length of 26 inches and a width of 20 inches. Given the art. Other fastening means to secure the pillowcase
these dimensions it is necessary to stuff the pillow 14 of 10 about the pillow 14 are well known in the art and
FIG. 1(A) into the pillowcase 10 of FIG. 1(a) to form considered to be obvious extentions of the present in-
the embodiment of FIG. 1(c). vention. These fastening means include buttons and
The pillowcase 10 stretches to accommodate the size 55 zip-lock seals, etc.
of the larger pillow 14. The pillowcase 10 is stretched Referring to FIG. 4, a top view of the pillowcase 10
over the surface of the pillow 14 and the opening is of the preferred embodiment is shown. TTie main pur-
sealed by velcro closures 12. The elastic material of the pose of FIG. 4 is to show the construction and seam
pillowcase 10 basically accommodates to the shape of specifications of the pillowcase 10. In the preferred
the pillow 14 because from a relative strength stand- 60 embodiment, overlook seam construction is utilized on a
point the pillow is much firmer than the elastic material side 41 opposite the fasteners 12 and on a side 42 oppo-
of the pillowcase 10. As a result, the pillow 14 is only site a folded side 43 to essentially form the pillowcase
constricted marginally, the new width being approxi- 10. Overlook seam construction is used along the inside
mately 19$ inches and the new length approximately 25 of sides 41 and 42. Overlook seam construction is well
inches. Note that the amount of pillow constriction will 65 known in the art
vary based on fill material, etc. Another purpose of FIG. 4 is to show that the pillow-
In order to accommodate the larger sized pillow 14, case 10 may have lace 32 or other ornamental aesthetic
the pillowcase 10 must be made of an elastic material. In features attached thereon to enhance attractiveness.
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 26 of 37
5,084,928
5 6
Having described the physical structure of the pil-
lowcase 10, the benefits provided by this structure will
now be discussed. In essence, the present invention
provides a lightweight, durable and portable method of
ensuring a wrinkle free night's sleep. Since the present 5
invention may be made to accommodate any bedding
industry size bed pillow, including the standard, queen
and king size pillows, the pillowcase 10 may be taken on
business trips or vacations and easily be substituted for
the pillowcase provided on a hotel or motel pillow. 1 0
Since the pillowcase sizes are normalized in the indus-
try, a person desiring a wrinkle free night's sleep can
simply take the existing pillowcase off of the pillow and
substitute the pillowcase 10. The motel or hotel pillow
is then provided with a smooth, taut, wrinkle free sur- 15 releasable fastening means mounted to said pillow-
face.
Another important benefit of the present invention is
that it enables the user to sleep in any position, i.e., on
their side or back, etc. It is not limited to a small number
of fixed positions or fixed placements with respect to 20
one's head and/or face as are prior art pillows and pil-
lowcases.
The foregoing description of specific embodiments of
the present invention has been presented for purposes of
illustration and description. They are not intended to be 25
exhaustive or to limit the invention to the precise forms
disclosed, and obviously many modifications and varia-
tions are possible in light of the above teaching. The
embodiments were chosen and described in order to
30
best explain the principles of the invention and its prac-
tical application, to thereby enable others skilled in the
art to best utilize the invention and various embodi-
ments with various modifications as are suited to the
particular use contemplated, ^t is intended that the 35
scope of the invention be defined by the claims ap-
pended hereto and their equivalents.
I claim:
1. In a pillowcase formed for mounting over a resil-
iency compressible pillow of known shape and known 43
length and width dimensions, said pillowcase being
formed as a hollow fabric shell having two opposed
sheet portions substantially conforming to said known
shape of said pillow and having an. opening therein for
mounting of said pillowcase over said pillow, the im- 45
provement in said pillowcase comprising:
said fabric shell being formed with length and width
dimensions which both are smaller than said
known length and width dimensions of said pillow,
and said fabric shell being formed of a material 50
having sufficient elasticity to be stretched in both
length and width dimensions over said pillow and
resiliently distend into a substantially crease-free
condition covering said pillow; and
closure means mounted to said pillowcase proximate 55
said opening and formed to releasably secure said
pillowcase in said crease-free condition over said
pillow.
2. The pillowcase as defined in claim 1 wherein,
said fabric shell is formed of a woven fabric having 60
nylon fibers and spandex fibers.
3. TTie pillowcase as defined in claim 2 wherein,
said fabric shell is comprised of 85% nylon fibers and
15% spandex fibers.
4. The pillowcase as defined in claim 2 wherein, 65
said fabric shell is comprised of about 10% to about
50% spandex fibers.
5. The pillowcase as defined in claim 1 wherein.
said closure means is a hooks and loops fastener as-
sembly with a hooks portion mounted to said pil-
lowcase proximate one side of said opening and a
loops portion mounted to said pillowcase proxi-
mate an opposite side of said opening.
6. The pillowcase as defined in claim 1 wherein, said
closure means is a zipper.
7. A pillowcase for use with a bed pillow having a
known surface area in a relaxed condition, comprising:
pillowcase means having a surface area in an un-
stretched condition less than said known surface
area of said pillow in said relaxed condition, said
pillowcase means having at least one opening
therein for insertion and removal of said pillow;
case proximate said opening for releasably fasten-
ing said opening in a closed condition to secure said
pillowcase about said pillow; and
said pillowcase means being made of a smooth mate-
rial which is elastically stretchable in both length .
and width dimensions and formed of a woven
nylon fiber and spandex fiber fabric having suffi-
cient elasticity when said pillow is positioned inside
said pillowcase and said fastening means is fas-
tened, to resiliently expand the surface area of said'
pillowcase in both length and width dimensions by
said pillow until said elastic material is stretched
across the surface of said pillow into a smooth
crease-free surface over said pillow.
8. The pillowcase as defined in claim 7 wherein,
said material is comprised of 85% nylon fibers and
15% spandex fibers.
9. The pillowcase as defined in claim 7 wherein,
said material is comprised of at least 10% spandex
fibers.
10. A method of fabricating a wrinkle-free pillowcase
for a bed pillow, comprising the steps of:
forming smooth, radially elastic woven fabric mate-
rial formed from nylon fibers and spandex fibers
into a pillowcase having at least two opposed sheet
portions and an opening therebetween to receive a
pillow, said forming step being accomplished by
forming said pillowcase to have length and width
measurements when said pillowcase is in a relaxed
condition less than same measurements for said
pillow; and
mounting releasable closure means to said pillowcase
proximate said opening to enable securing said
pillowcase about said pillow so that when said
pillow is inserted in said pillowcase and said open-
ing closed, said smooth elastic material is elastically
stretched in both length and width measurements
across the surface of said pillow to create a smooth,
crease-free surface in said pillowcase.
11. A wrinkle free pillowcase for use with a pillow
having a known shape and a known volume, said pil-
lowcase comprising:
a hollow body having two opposed sheet portions a
shape substantially conforming to said known
shape of said pillow and having an opening therein
to an interior of said hollow body permitting
mounting of said hollow body on said pillow;
said hollow body being formed from a smooth, elastic
fabric of woven nylon and spandex fibers, said
. fabric being resiliently stretchable along two mutu-
ally perpendicular axes, and said hollow body
being dimensioned to define an interior volume,
when said elastic fabric is in a relaxed condition.
Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 27 of 37

5,084,928
which is sufficiently smaller than said known vol-
ume of said pillow to require stretching of said
elastic fabric in two mutually perpendicular direc-
tions to a distended, substantially wrinkle-free con-
8
dition, when said hollow body is mounted on said
pillow; and
securement means carried by said hollow body for
releasably securing said opening in said hollow
5 body to retain said elastic fabric in said wrinkle-
free condition when mounted on said pillow.

10

15

20

25

30

35

40

45

50

55

60

65
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 28 of 37

UNITED STATES PATENT AND TRADEMARK OFFICE

CERTIFICATE OF CORRECTION
PATENTNO. : 5,084,928
DATED :
F e b r u a r y 4 , 1992
INVENTOR(S) : A d r i e n n e M. S k i l l i n g t o n
It is certified that error appears in the above-identified patent and that said Letters Patent is hereby
corrected as shown below:

Col. 4, l i n e 2, a f t e r "and" i n s e r t 15% s p a n d e x . .

Signed and Sealed this

T w e n t y - f i f t h D a y o f May, 1 9 9 3

Auesi:

MICHAEL K. KIRK

Aclins: Comnussioncr of Patents and Tradenuirks

Attesting Officer
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 29 of 37
MIIIIIIIIMIII US005953777A
United States Patent [isj [ii] Patent Number: 5,953,777
Buck [45] Date of Patent: Sep. 21,1999

[54] ADJUSTABLE PILLOW 4,916,765 4/1990 Castronovo, Jr. ... 5/437

4,959,880 10/1990 Tesch ... 5/434
[76] Inventor: Ronald Mark Buck, 423 Pacific, 5,016,303 5/1991 Tanaka et al ... 5/437
Solana Beach, Calif. 92075 5,127,117 7/1992 Bridges ... 5/636
5,138,732 8/1992 Wattie et al ... 5/636
5,163,194 11/1992 Dixon ... 5/636
[21] Appl. No.: 09/036,368 5,168,590 12/1992 O'SulIivan ... 5/490
5,215,815 6/1993 Levy 428/246
[22] Filed: Mar. 6,1998
5,360,017 11/1994 Austin 128/845
6 5,528,784 6/1996 Painter ... 5/640
[51] Int. CI. A47G 9/00
5,642,543 7/1997 Huntley ... 5/640
[52] U.S. CI 5/636; 5/644; 5/490
[58] Field of Search 5/636, 640, 644, Primary ExaminerMichael F. Trettel
5/722, 723, 490 Attorney, Agent, or FirmBaker & Maxham
[56] References Cited [57] ABSTRACT

U.S. PATENT DOCUMENTS An adjustable pillow includes a stretchable pillow case

having a plurality of removable pillow layer inserts. The
247,892 10/1881 Doremus. pillow layer inserts come in various thicknesses and firm-
395,043 12/1888 Doremus . ness to permit adjustment for overall pillow height, overall
848,437 3/1907 Brown .. 5/723 X
2,884,652 5/1959 Paolicelli .. 5/490 X
firmness, and surfacefirmnessupon insertion into the pillow
3,148,389 9/1964 Lustig 5/645 case . The total height of the pillow depends on the total
3,216,028 11/1965 Lawson 5/337 height of the various inserts being used, the overall firmness
3,243,828 4/1966 McCarty 5/636 depends on whether the inserts are soft, medium, or hard,
3,319,272 5/1967 Eller .. 5/636 X and the surface firmness depends on the firmness of the
3,763,509 10/1973 Mittendorf .... 5/341 topmost inside layer. The inserts adjust across the entire
3,775,785 12/1973 Mittendorf .... 5/341 length and width of the pillow so that a sleeper will not
4,274,673 6/1981 Kifferstein .... .. 297/220 experience changing height or firmness while sleeping. The
4,393,530 7/1983 Stark 5/437 adjustable pillow can be used in combination with a con-
4,424,600 1/1984 Callaway 5/470 ventional pillow by placing the conventional pillow inside
4,508,044 4/1985 Downey et al. 112/262.2
4,649,582 3/1987 Cho 5/434
the stretchable pillow case and selectively adding the remov-
4,756,035 7/1988 Beier 5/437 able inserts as desired.
4,829,614 5/1989 Harper 5/436
4,908,894 3/1990 Sanders 5/436 13 Claims, 2 Drawing Sheets

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Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 30 of 37

U.S. Patent Sep. 21,1999 Sheet 1 of 2 5,953,777

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Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 31 of 37

U.S. Patent Sep. 21,1999 Sheet 2 of 2 5,953,777

10
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 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 32 of 37

5,953,777
1 2
ADJUSTABLE PILLOW also securely holds the various independent inserts together
such that they act as one complete unit. The pillow layer
BACKGROUND OF THE INVENTION inserts come in various thicknesses and firmness, such as
1. Field of the Invention soft, medium, and hard. The removable inserts permit the
5 pillow to be adjusted for height, overall firmness, and
Hie invention relates generally to cushions or pillows surface firmness. The total height of the pillow will depend
and, more particularly, to pillows with adjustable layers or on the total height of the various inserts being used, the
inserts. overall firmness will depend on whether the inserts are soft,
2. Description of the Related Art medium, or hard, and the surfacefirmnesswill depend on the
People have different preferences for firmness and height 10 firmness of the topmost insert. The inserts advantageously
of pillows. Some people are more comfortable and sleep extend across the entire length and width of the pillow. In
better using a pillow that is relatively soft, while others this way, a sleeper will not experience changing height or
prefer a pillow that is more firm. Similarly, some people firmness while sleeping, but can uniformly adjust the height
prefer a relatively high, tall pillow while others are more and firmness of the pillow. A lengthwise seal, such as a
comfortable with a relatively flat pillow. Some users might 15 zipper, facihtates placement of the inserts.
even want a pillow of a particular height and firmness part The adjustable pillow is compatible with conventional
of the time and of a different height and/or firmness another pillows. In particular, the adjustable pillow can be used in
time. Thus, it would be advantageous for a pillow to be combination with a conventional pillow, for pillow
adjustable in firmness and height, and various attempts have restoration, or simply to provide the adjustability feature to
been made to provide such flexibility. 20 a conventional pillow. Auser simply places the conventional
For example, U.S. Pat. No. 4,959,880 to Tesch describes pillow inside the stretchable pillow case of the adjustable
a pillow with a removable filling component that changes pillow and selectively adds the removable inserts as desired.
the hardness of the pillow. In this way, a user can gain an adjustable pillow without
Some pillows have segmented sections, each of a different completely replacing a conventional pillow.
firmness or size. Adjustability is typically achieved by 2 5 Other features and advantages of the present invention
moving the pillow so that the appropriate section is directly should be apparent from the following description of the
underhead, leaving the undesired sections still attached but preferred embodiment, which illustrates, by way of
moved away from the head of the user. U.S. Pat. No. example, the principles of the invention.
395,043 to Doremus and U.S. Pat. No. 3,216,028 to Lawson
describe segmented pillows. Some people have a physical 3 0 BRIEF DESCRIPTION OF THE DRAWINGS
malady that makes an adjustable pillow desirable, such as an FIG. 1 is an isometric view of an adjustable pillow
orthopedic or therapeutic pillow. A therapeutic pillow is constructed in accordance with the present invention, show-
described, for example, in U.S. Pat. No. 4,908,894 to ing the inserts removed from the stretchable pillow case.
Sanders and a therapeutic pillow cover is described in U.S.
Pat. No. 5,168,590 to O'Sullivan. 35 FIG. 2 is a sectional view of the adjustable pillow
illustrated in FIG. 1 with the inserts placed in the pillow
A symmetric distribution of firmness and size across the case, having a different arrangement of inserts to achieve a
volume of a pillow are usually desired. Unfortunately, the different total height from that shown in FIG. 2.
adjustable pillows described can have an asymmetric distri-
bution of firmness and height, so that a user might experi- FIG. 3 is a sectional view of the adjustable pillow
ence differentfirmnessand height across the sleeping area of 40 illustrated in FIG. 1 having a different arrangement of inserts
the pillow. to achieve a different total height from that shown in FIG. 2.
Pillows can be quite expensive and therefore it would be FIG. 4 is a sectional view of the adjustable pillow
advantageous if conventional pillows that have lost their illustrated in FIG. 1 having a different arrangement of inserts
shape, size, or firmness could be restored without the 45 to achieve a different surface firmness from that shown in
expense of purchasing a replacement pillow. Unfortunately, FIG. 2.
most pillows with removable inserts are not compatible with FIG. 5 is a sectional view of the adjustable pillow
existing conventional pillows. Thus, the feature of adjust- illustrated in FIG. 1 having a different arrangement of inserts
ability could be gained only by entirely replacing a pillow. to achieve a different overall firmness from that shown in
The above-referenced U.S. Pat. No. 5,168,590 to 50 FIG. 2.
O'Sullivan describes a pillow cover that uses pads asym- FIG. 6 is a sectional view of the adjustable pill ow
metrically positioned about the cover to provide adjustment. illustrated in FIG. 1, in combination with a conventional
U.S. Pat. No. 4,508,044 to Downey et al. describes a pillow pillow.
cover that is wrapped around a deteriorated pillow and sewn
shut. DESCRIPTION OF THE PREFERRED
55
EMBODIMENT
From the discussion above, it should be apparent that
there is a need for an easily adjustable pillow cover that can The invention should be better understood with reference
be used with a conventional pillow and provides different to the following detailed description of the preferred
firmness and thickness across the entire sleeping area of the embodiment illustrated in the drawings.
pillow. The present invention satisfies this need. 60
THE ADJUSTABLE PILLOW: PILLOW CASE
SUMMARY OF THE INVENTION AND INSERTS
Hie present invention provides an adjustable pillow that FIG. 1 shows an adjustable pillow 10 constructed in
includes a stretchable pillow case having a plurality of accordance with the present invention. The adjustable pillow
removable pillow layer inserts. The stretchable pillow case 65 10 comprises a stretchable pillow case 12 and multiple,
shrinks or expands depending on the number of inserts and removable pillow layer inserts 14. References to a particular
the overall height of the pillow. The stretchable pillow case one of the inserts 14a, 14b, 14c will be made when needed.
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 33 of 37

5,953,777
3 4
References to the inserts 14 will otherwise be understood as FIG. 2 therefore, the initial surface firmness of the pillow is
references to the inserts collectively. The pillow layer inserts determined by the firmness of the top-most soft insert 14fl.
14 come in various thicknesses and firmness to permit
adjuslment for overall pUlow height, overall firmness, and ADJUSTMENT OF THE PILLOW
surface firmness. The total height of the adjustable pillow 5
depends on the total height of the various inserts 14 being As noted above, a user can adjust the arrangement of the
used, the overall firmness depends on the firmness of the inserts 14fl, 146,14c to adjust overall pillow height, overall
inserts, and the surface firmness depends on the firmness of firmness, and surface firmness.
the topmost inside layer. The inserts 14 provide adjustment
Adjustment of the Total Height
across the entire length and width of the pillow case 12 so 10
that a user will not experience changing height or firmness The total height of the adjustable pillow depends on the
while sleeping. The adjustable pillow 10 can be used in total height of the various inserts 14 being used. The inserts
combination with a conventional pillow by placing the may all be equally thick or they may vary in their thickn ess.
conventional pillow inside the stretchable pillow case 12 and From a mathematical point of view, a greater number of
selectively adding the removable inserts 14 as desired. 15 overall pillow heights is achieved from inserts that vary in
FIG. 1 shows that the inserts 14 are inserted lengthwise their thickness, as opposed to inserts that are all equally
into the pillow case 12 and extend along the entire length thick. FIG. 3 shows the pillow 10 with the medium insert
and width of the pillow case. The pillow case 12 has an open 146 removed, leaving only the soft insert \4a and the firm
end 13 through which the inserts are inserted and has a insert 14c inside and thereby adjusting the overall height of
length dimension "L" and a width dimension "W" shown in 20 ' pi^ ow - Thus, in FIG. 3, the overall height of the pillow
t ie

FIG. 1 that define a sleeping area 12a of the pillow 10. The is substantially equal to the height of the padding material in
open end of the pillow case 13 may be intersected by a the pillow case 12. By removing the medium layer 146 and
perpendicular zipper 16 that runs substantially the length of leaving only 14a and 14c there is a reduction from the
the pillow case 12 and when unzipped, further widens the overall height for the arrangement illustrated in FIG. 2.
opening, thus creating easy placement of the inserts within 25 The greatest overall total height is achieved with the
the outer pillow case 12. The sleeping area 12a is approxi- greatest number of removable inserts 14 placed within the
mately the surface area of the pillow case on which a pillow case 12.
sleeping person can be expected to rest his or her head. It
should be understood that the "height" of the pillow 10 Adjustment of the Surface Firmness
refers to the vertical dimension- of the pillow 10 when 30
viewed in cross section, perpendicular to the plane defined FIG. 4 is a sectional view of the adjustable pillow 10
by the length and width of the pillow case. having a different arrangement of inserts from FIG. 2 so as
to achieve a different perceived surface firmness. In
The three pillow layer inserts 14 illustrated in FIG. 1 particular, FIG. 4 again shows all three inserts 14a, 146,14c
comprise inserts of different relative firmness and thickness. in the pillow case 12 as in FIG. 2, except that the order is
In particular, afirstinsert 14a is relatively soft and thin while 35 changed so from top to bottom the inserts are firm insert 14c
a second insert 146 is of medium firmness and thickness, and first, soft insert 14a in the middle, and medium insert 146 on
a third insert 14c is relatively hard and relatively thick. The the bottom. Thus, the firm insert 14c is the topmost insert
finnness of the inserts does not need to correspond with the within the pillow case 12. Accordingly, the perceived sur-
thickness as described. As shown in FIG. 1, the pillow 10 face finnness in the FIG. 4 arrangement will be more firm
nominally includes three inserts 14, but a different number 40 than the FIG. 2 arrangement.
can be provided. Moreover, the inserts can be provided
independently of the pillow case 12. That is, pillow users can It should be apparent that the softest perceived surface
selectively mix and match the different firmness and thick- firmness is obtained if the soft insert 14a is placed top-most,
ness varieties of inserts 14 to assemble a group of all soft the firmest perceived surface firmness is obtained if the firm
inserts, all hard inserts, or any combination in between. In 45 insert 14c is placed top-most, and a medium perceived
addition, the user may determine the overall height of the surface firmness is obtained if the medium insert 146 is
pillow by the thickness of the various inserts which are placed top-most.
selected. In this way, individual users can tailor the pillow 10 Adjustment of Overall Firmness
to their own preference.
FIG. 2 shows the adjustable pillow 10 with the three 50 FIG. 5 is a sectional view of the adjustable pill ow
inserts 14fl, 146,14c placed in the stretchable pillow case 12 illustrated in FIG. 1 having a different arrangement of inserts
to provide an initial height, overall firmness, and surface to achieve a different overall firmness from that shown in
firmness. More particularly, the total cross-sectional height FIG. 2. The perceived overall firmness of the pillow 10
of the adjustable pillow as illustrated in FIG. 2 is substan- largely depends on the combination of inserts 14 placed
tially equal to the combined height of any padding material 55 within the pillow case 12. In FIG. 5, two inserts have been
in the pillow case 12, the height of the first soft insert 14a, placed in the pillow case and both inserts are the softest
the height of the second medium insert 146, and the height insert 14a. Thus, both the number and type of inserts can be
of the third firm insert 14c. The overall firmness of the adjusted to adjust the perceived overall firmness (and height
pillow case 12 with inserts 14a, 146, 14c is the firmness and surface firmness) of the pillow.
provided by the three inserts and the pillow case, as indi- 60 The perceived overall firmness will be softer for the FIG.
cated by the resistance to "flattening" by the combination. 5 arrangement as compared to the FIG. 2 arrangement and
The surface firmness of the pillow case 12 and inserts 14a, the FIG. 4 arrangement, both of which have one of each type
146,14c is the perceived firmness to the sleeper. Assuming of insert in the pillow case 12.
that the pillow case 12 has no padding material that would Although the overall surface firmness of the arrangements
substantially alter the perceived finnness of the underlying 65 shown in FIG. 2 and FIG. 4 will be much closer to each other
top-most insert, then the perceived surface firmness would (and firmer) than to the arrangement shown in FIG. 5, it
be the firmness of the insert closest to the sleeper's head. In should be apparent that the perceived overall finnness of the
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 34 of 37
5,953,777
5 6
pillow 10 depends not only on the combination of the
different insert firmness, but also to a lesser extent on the
surface firmness. That is, the perceived overall firmness of
the pillow will change somewhat depending on the ordering
of the inserts in the pillow case 12. Accordingly, the per- 5
ceived overall firmness of the FIG. 4 arrangement will be
different from the perceived overall firmness of the FIG. 2
arran gement, even though both arrangements include all
three inserts. In particular, the perceived overall firmness of
FIG. 4 should be somewhat more firm than FIG. 2.
COMBINATION WITH CONVENTIONAL
PILLOW
As noted above, the adjustable pillow 10 can be used in
combination with a conventional pillow to provide adjust- 15 plurality of secondary layers is a conventional pillow which
ability that otherwise would be lacking. Conventional pil-
lows often become flat and lose their height due to the
constant weight and pressure of the head upon the pillow
surface. Pillows are often thrown away due to wear and tear.
By adding inserts 14 to an old pillow, the pillow can be 2 0
restored to an original or preferred pillow height. Often the
users of conventional pillows become attached to the top
surface to which they have become accustomed. Such users
may add one or more inserts 14 under their old pillow, thus 25
improving overall height while retaining a preferred or
familiar top surface. FIG. 6 is a sectional view of the
adjustable pillow 10 illustrated in FIG. 1, in combination
with a conventional pillow 20. FIG. 6 shows that a conven-
tional pillow can be inserted into the pillow case 12 through 3 0
the open end 13. The stretchable opening 13 can be widened
with a perpendicular zipper, that runs substantially the
length of the pillow case 12. A wider opening allows for
easier placement of insert(s) within the outer pillow case 12. 3 5 secondary layers.
Hie conventional pillow can be combined with one or
various inserts 14. Thus, the invention provides maximum
flexibility in obtaining the benefits of adjustable pillows and
the utilization of conventional pillows.
4Q
ADVANTAGES OF THE INVENTION
Hie present invention provides an easily adjustable pillow
case that provides different surface firmness and overall
firmness and height across the entire sleeping area of the
pillow case and also is compatible with conventional pillows 4 5
to provide them with adjustability.
Hie present invention has been described above in terms
of a presently preferred embodiment so that an understand-
ing of the present invention can be conveyed. There are, 50
however, many configurations for adjustable pillows not
specifically described herein but with which the present
invention is applicable. The present invention should there-
fore not be seen as limited to the particular embodiment
described herein, but rather, it should be understood that the 5 5
present invention has wide applicability with respect to
adjustable pillows generally. All modifications, variations,
or equivalent arrangements that are within the scope of the
attached claims should therefore be considered within the ^
OU
scope of the invention.
I claim:
1. A pillow comprising:
a topmost layer comprising a first major surface;
a plurality of secondary layers with the topmost layer and 65 firmness better accords with personal preferences of a user,
the secondary layers being removably arranged in a
stack; and
a pillowcase formed separately from the topmost layer
and the plurality of secondary layers, the pillowcase
being disposed around the stack so that the pillowcase
is in contact with the first major surface of the topmost
layer, with the pillowcase being sufficiently stretchable
to hold the stack together as a unit when all of the layers
are present in the stack and also to hold the stack
together as a unit when one of the secondary layers is
removed from the stack.
2. The pillow of claim 1 wherein the pillowcase is
sufficiently stretchable to hold the stack together as a unit
when two of the secondary layers are removed from the
stack.
3. The pillow of claim 1 wherein at least one of the
has become permanently fiat and permanently lost its height
due to pressure.
4. The pillow of claim 1 wherein the pillowcase is
sufficiently thin and pliable so that a firmness of the topmost
layer will determine the surface firmness of the pillow.
5. The pillow of claim 1 wherein the pillowcase has no
padding material.
6. The pillow of claim 1 wherein:
the first major surface of the topmost layer is substantially
flat;
the topmost layer further comprises a substantially flat
second major surface;
each of the plurality of secondary layers comprises two
substantially flat major surfaces; and
interfaces between adjacent layers of the removably
arranged stack are formed by contact between substan-
tially flat major surfaces.
7. The pillow of claim 1 wherein a firmness of the topmost
layer is different than a firmness of each the plurality of
8. The pillow of claim 1 wherein the secondary layer
which is adjacent to the topmost layer in the removably
arranged stack has a secondary firmness is less firm than the
topmost layer.
9. A method of adjusting the surface firmness of a pillow,
the method comprising the steps of:
providing a pillow comprising:
an original topmost layer having an original firmness
and a major surface;
at least one secondary layer, with the topmost layer and
the at least one secondary layer being removably
arranged in a stack; and
a pillowcase disposed around the stack so that the
pillowcase is in contact with the major surface of the
original topmost layer, with the pillowcase being
sufficiently thin and pliable so that a firmness of the
topmost layer will determine a surface firmness of
the pillow;
removing the original topmost layer from the stack and
the pillowcase; and
inserting a replacement topmost layer into the pillowcase
in a topmost position in the stack, with the replacement
topmost layer having a replacement firmness, and with
the replacement firmness being different than the origi-
nal firmness.
10. Hie method of claim 9 further comprising the step of
comparing the surface firmness when the original topmost
layer is in place to the surface firmness when the replace-
ment topmost layer is in place to determine which surface
11. A method of using a pillow insert for an extended
period, the method comprising the steps of:
Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 35 of 37

5,953,777
7 8
providing an original pillow comprising an original layer a replacement pillowcase disposed around the original
and an original pillowcase; layer and the replacement layer.
resting on the original pillow at intervals until the original 12. The method of claim 1 further comprising the step of
layer permanently becomes flat and permanently loses selecting the replacement pillowcase to be sufficiently
5 stretc
height due to pressure- hable to hold the original layer and the replacement
layer together as a unit.
removing the original layer from the original pillowcase; 13 ^ method of claim 1 wherein the replacement
and pillow is assembled to further comprise at least one addi-
assembling a replacement pillow comprising: tional layer.
the original layer;
a replacement layer; and
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 36 of 37

US00D466751S

(12) United States Design Patent (io) Patent No.: us D466,75l S

Coats et al. (45) Date of Patent: ** Dec. 10,2002

(54) HEAD/NECK PILLOW Dreambell pillow, The Company Store catalogue, p. 52*
Wing pillow, The Company Store catalogue, p. 61.*
(75) Inventors: C. David Coats, Seattle, WA (US); Lee
S. Robinson, Seattle, WA (US) Silencer pillow. The Company Store catalogue, p. 60.*
InteliHealth Catalog: Health Care Products From Health-
(73) Assignee: Bucky Products, Inc., Seattle, WA care Experts, Ridgely, Maryland, May 2001, p. 53.
(US) Travel Smith, Summer Preview 2000, Novato, California, p.
(**) Term: 14 Years 47.

* cited by examiner
(21) Appl. No.: 29/154,740
(22) Filed: Jan. 28, 2002 Primary ExaminerDoris V. Coles
Assistant ExaminerT. Chase Nelson
(51) LOC (7) a . ..... 06-09
(74) Attorney, Agent, or FirmPerkins Coie LLP
(52) U.S. CI D6/601
(58) Field of Search D6/356, 595, 596, (57) CLAIM
D6/597, 598, 601, 604, 611, 612; 5/630,
632, 633, 636, 637, 638, 640, 644, 652, The ornamental design for a head/neck pillow, as shown and
652.1, 653, 654, 655, 655.3, 655.4, 655.5, described.
656, 657.5, 907, 945, 655.9; 224/153,155,
584, 907; 297/129, 180.11, 188.2, 188.12, DESCRIPTION
195.1, 199, 219.1, 225, 228.1, 229, 452.41
FIG. 1 is a top plan view of a head/neck pillow showing my
(56) References Cited new design.
FIG. 2 is a bottom plan view thereof.
U.S. PATENT DOCUMENTS
FIG. 3 is a rear elevational view thereof.
4,679,262 A * 7/1987 Davis et al. ... . 5/636
5,718,010 A * 2/1998 Beier .. 5/907
FIG. 4 is a front elevational view thereof.
D439,099 S * 3/2001 Erickson D6/601 FIG. 5 is a left elevational view thereof; and,
0448,961 S * 10/2001 Sclichter D6/601
FIG. 6 is a right elevational view thereof.
OTHER PUBLICATIONS The broken lines in the figures are for illustrative purposes
Wing pillow, Hie Company Store catalogue, p. 49, Summer only and form no part of the claimed design.
1995.*
Butterfly pillow, Bloomingdale's Summer Help catalogue,
p. 33.* 1 Claim, 1 Drawing Sheet

\
/

i, /X.,
 Case 2:17-cv-00487-DSC Document 1-5 Filed 04/14/17 Page 37 of 37

U.S. Patent Dec. 10,2002 US D466,751 S

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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 1 of 55

EXHIBIT 5
 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 2 of 55

Fig. / XM

Web Forming Conveying Edge bo

Web Winding Drying tv3
& Spraying Sealing
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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 3 of 55

United States Patent Office 3,530,020

Patented Sept. 22, 1970

1 2
3,530,020 through an oven to effect solidification of the bonding
PROCESS OF MANUFACTURING A agent. The ntmltilayered core is then stripped from the
BONDED FIBER PILLOW metal plate, and opposite edges of the projecting ends
Benno E. Liehermann, Louisville, Ky., assignor to Novo- of the outer batt are trimmed and heat sealed to form
tex, Inc., Louisville, Ky., a corporation of Kentucky g the finished pillow core.
Filed Feb. 9, 1967, Ser. No. 614,984 Fiber web is produced on gametting equipment and
Int. CI. B31c crosslaid into a continuous web which is spray bonded
U.S. CI. 156189 8 Claims throughout the thickness of the web in a process called
thorough bonding fiber bed process. The batt in this form
20 is manufactured at a width of approximately 80" and
ABSTRACT OF THE DISCLOSURE is slit into three widths pertaining to the final core size
An inner layer of a bonded high loft web and an outer of a pillow to be manufactured. This bonded batt form
layer of an unbonded fiber web are wound onto a plate is then cut into unit lengths in accordance with the final
to form a multilayered pillow core. The outer layer of weights desired for arrival at specific densities of a
the core is partially impregnated with a binder, dried and ig pillow in accordance with predetermined specifications
cured. After removal of the plate, opposite edges of the and wound onto an aluminum heat-absorbing plate
core are trimmed and heat sealed. where a multilayered pillow core is prewound to form
the desired configuration of a pillow. The core in this
stage is transferred to a rando webbing machine where
BACKGROUND OP THE INVENTION 20 a thin layer of random web fibers is laid and formed
a r 0 U I d tI e
This invention relates to the production of pillows, ? ? P r e w ? u n d P i J l o w c o r e ; Subsequently, the
and more particularly to the production of bonded fiber c o i e ^ o r i n ^ transferred to a horizontally moving
pillow cores of unitary construction. conveyor belt which passes through a spray booth and
Heretofore, pillow cores manufactured from synthetic revolves the fiber core 360 during which rotation, said
25 core
fibers have been merchandised in an essentially perma- ^ sprayed with a bonding agent serving the purpose
nently closed ticking or casing. A prospective buyer was sealing the loosely webbed fibers on the prebonded
unable to inspect the fiber in core form due to the fact inner prewound layer. The sprayed pillow core in its
surface wet form
that the fibers utilized for this purpose were loosely }s continuously passed into an infra-
red and
garnetted fiber batts which could not be handled for C M
S oven in a vertical hanging position
M

inspection. The batt was formed into its final shape by 3 0 whereupon after exposure to environmental temperatu res
the manufacturer and immediately encased in a spe- approximately 280-350 the resm polymer is dned
and cure
cifically designed ticking which was sewn closed in * And, consequently, obtains its completely sur-
order to prevent deformation of the fiber batt and fiber ^ac;e ^ 0 , nd ^ d characteristic. The web in this form is then
migration through any remaining openings in the ticking. stripped off the alummum plate which served the pur-
Therefore, a zipper or button opening was not utilized 3 5 pose of reflecting the absorbed heat throughout the core
for customer inspection of the liber contents, and the of the pillow and fed into di-electnc sealing machine
customer could not verify the manufacturer's advertised which permanently seals both open ends of the pillow
fiber content. resulting in the final formation of the finished pillow
Prior art garnetted non-bonded fiber pillow cores also core.
have the disadvantage that the user cannot wash the 40 The process of the present invention is commenced
ticking or casing of a pillow of this design when re- with a garnetted, thoroughly bonded, high loft synthetic
quired since the pillow would be deformed in the wash- fiber batt. This has been produced with crosslaid gamet-
ing cycle and would not retain its original shape. The ting equipment, bonded throughout, dried and cured.
loosely felted fibers would migrate within the batt causing Presently a 96 inch line is being used so that the product
the formation of lumps, and the original loft of the 45 can be slit into three equal widths of 32" each. This 32"
pillow could not be reestablished. dimension can, of course, be altered upward or down-
ward depending on the desired length of the pillow.
SUMMARY OF THE INVENTION A length of the bonded batt which will yield sufficient
The present invention obviates the aforementioned dis- 5 0 weight to produce the desired weight of the pillow is then
advantages of the prior art by providing a bonded fiber wound around an aluminum mandrel. At this point, the
pillow core of amitary construction. Since the fibers are wound batt is placed onto the conveying surface of a
bonded together, the core may be enclosed by a pillow Rando-Webber and a separate and distinct, thinner,
ticking or casing which is provided with a zipper or Rando-Web batt is wound onto the mandrel. There is,
other reuseable closure so that a customer may inspect thus, at this point, one winding of the garnetted high
the core within the pillow. Because the fiber core is three 55 loft batt surrounded by a second winding of Rando-Web,
dimensionally bonded, there will be no migration of unbonded batt which is being produced on the machine
loose fibers through the ticking or casing which has in a sufficient width so that it extends for several inches
been a nuisance in the past and has in some instances on !both sides of the batt. The entire produce is then
caused skin irritations, and maintain permanent loft and sprayed with the resin and sent through a curing. The
resiliency. CO dual nature of the construction is .important; that is,
The pillow core of the invention may be removed the inner core of high loft garnetted material and the
from its ticking so that the ticking may be separately outer wrapper of wider-but thinner Rando-Web material.
washed by conventional methods. If the bonded core is The former of these had already been bonded before the
to be washed, it may be dry cleaned without materially 6 5 manufacture of the pillow process was commenced. The
influencing its original high loft and resiliency. Rando-Web material on the other hand is bonded for
The fiber core of the invention may be produced by the first time after it has been wound onto the madnrel
wrapping a previously bonded fiber batt in web form as a wrapper around the basic batt core.
around a plate until the required weight and shape char-
acteristics of a pillow core are achieved. A bonding agent BRIEF DESCRIPTION OF THE DRAWINGS
is then sprayed onto the outer surface of the added Rando- 70 FIG. 1 illustrates diagrammatically steps entailed in
Web fiber construction or batt which is wrapped around manufacturing a bonded fiber pillow core in accordance
the prebonded fiber batt. The sprayed batt is passed with the present invention.
 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 4 of 55
3 4
FIG. 2 is a perspective view illustrating a fiber web
being wound onto a plate or mandrel.
FIG. 3 is an elevational view showing the spraying
station where the bonding agent is applied to the wound
fiber web.
FIG. 4 is an elevational view showing the impregnated
fiber web being conveyed through a drying zone.
FIG. 5 is an elevational view illustrating heat sealing
of the opposite edges of the core.
FIG. 6 is a perspective view of a pillow core in ac-
cordance with the present invention.
FIG. 7 is a perspective view showing the pillow core
of FIG. 6 partially inserted into a pillow casing.
DESCRIPTION O F THE PREFERRED
EMBODIMENTS
Referring now to the drawings and more particularly
to FIG. 1, in the first step a prebonded high loft fiber batt
10 is wound around a shaping plate or mandrel 12 which
may be, for example, an aluminum plate to form an 20 bonded fiber-coremay be sold wiAou a.ticking or casing
inner layer. Then a nonbonded fiber web is formed in
a conventional manner. For example, a suitable synthetic
fibrous material such as a polyester, a polyamide (nylon),
an acrylic or rayon is passed through a spike picking
machine, and the fibers are fed into a feed hopper which
distributes the fibers enenly and feeds the fibers into a
to atting machine such as a standard Rando-Webber.
The resulting fiber web, designated by reference nu-
meral 11 in FIG. 2, which is wider than the fiber batt
10, is conveyed to a web winding station where the web 3 0 a n d modifications as fall withm the scope of the claims.
11 is wound around the fiber batt 10 to form; an outer
layer which is normally thinner than the inner layer. The
resulting core is designated generally by reference nu-
meral 13. Preferably, plate 12 is revolving at a rate cor-
related to the speed of the travelling fiber web 11.
After the requisite number of plies of the fiber web
11 (usually only one) have been built up upon the
fiber batt 10 to obtain the desired weight and shape
characteristics of the final product; the core 13 is placed 4Q of the unitary fiber structure to each other, and inserting,
upon a conveyor 14 by means of a hook 16 which passes
through an aperture 18 in one end of the plate 12. A
motor 20 or comparable mechanism is provided to rotate
hook 16 in order to rotate the core 13 when it is at the
spraying station so that the entire periphery of the core
is impregnated to a desired depth by a spray of a bonding 45
agent or adhesive from a spray gun 22. It will of course
be appreciated that a plurality of spray guns or other
suitable means could be provided to ensure uniform im-
pregnation of the wound web.
Suitable bonding agents include nitrile rubbers, acrylics, 50 are selected from the group consisting of polyester, poly-
polyvinyl chloride, polyvinyl alcohol, polyvinyl acetate,
and copolyems and mixtures of the above with other com-
pounds e.g. polyvinyl acetate with melamine. Particularly
suitable commercially available bonding agents are Rohm r5._a bers,
& Haas Roplex HA 16 or HA 12 resins, Goodrich Geon
575 and 580. The depth of impregnation is usually about
VA" to 1 inch, preferably about one half inch when the
core is to be used in an average sized pillow. The amount
of bonding agent employed may vary between about 10
to 25 weight percent, based on the weight of the fiber 0 0 w e b > a i l d wherein said bonding agent is sprayed onto the
webs, preferably about 15 weight percent.
Following completion of the spraying operation, con-
veyor 14 transports the impregnated core through a dry-
ing station which may comprise an oven in which the
adhesive is cured or set at about 280-350 iF. for about
5 - 7 minutes. It will be understood that the foregoing are
approximate conditions and may vary depending upon
such factors as the particular bonding agent employed,
the amount of bonding agent utilized, the size of the core,
and the depth of impregnation. The solidification of the
bonding agent results in a completely bonded outer sur-
face being achieved on the core structure at the outer
surface, and also fixes the shape of the fiber core for
ease in handling.
3,580,020
The bonded core is transported to a sealer such as that
illustrated in FIG. 5 in which the excess fibers are neatly
trimmed while at the same time the core is heat sealed
at opposite edges 24 by Teflon coated heating elements
r 26. As shown in FIG. 5, the two lower heating elements
0
26 are positioned upon a supporting surface 28, and the
two upper heating elements are pressed downwardly onto
the edges of the outer layer which extend beyond the
inner layer by a hydraulic piston 30 and a plate 32. It
will be understood that other suitable means may be
employed to heat seal the edges of the core.
After the heat sealing operation is completed, the core
is ready for use and has a configuration as illustrated in
FIG. 6. The heat sealed edges 24 of the core are rather
15 flexible and do not interfere with the desired softness
characteristics of the pillow core.
be
^ or casm
^ ^ e d . i n t o a piUw
S 34 through an openmg havmg a reuseable
f ^ i?eanS S a
f a ' ^eJPatlvely
the reb
I 7 ^ P ^ h a s e r to utilize tickings pres-
m the,r
P? s s e s . s i n 0 ^ " r c h * s e ^ e J c o r a t l v e P,31(?w
tickings or casing mto which the bonded core can be
,v^, i n s
^ ,
25
While presently preferred embodiments have been
s h n
^ ^ described, it will be appreciated that the pres-
1 V K 1
? V . ^ susceptible to various changes and mod-
ificaUons which will suggest themselves to those skilled
m
^ aj}- 11 . 1S t e n d e d to encompass aU such changes
What is claimed is:
1. A process for producing a bonded fibrous article,
comprising the steps of wrapping a multilayered fiber
structure upon a mandrel, spraying a bonding agent onto
35 the outer surface of said fiber structure, solidifying the
bonding agent sprayed onto the fiber structure to form a
unitary fiber structure, removing the unitary fiber struc-
ture from said mandrel, sealing a pair of opposite edges
the unitary fiber structure into a pillow ticking having a
reuseable closure.
2. A process according to claim 1, wherein the amount
of bonding agent sprayed onto the fibers is about 10 to
25 % based on the weight of the fibers.
3. A process according to claim 1, wherein the bonding
agent is solidified by subjecting the spray impregnated
fiber structure to a temperature of about 280-350 F. for
about 5-7 minutes.
4. A process according to claim 1, wherein the fibers
amide, acrylic and rayon fibers.
5. A process according to claim 4, wherein the bonding
agent is selected from the group consisting of nitrile rub-
. , aacrylics, polyvinyl
cetate a n d
, chloride,
, polyvinyl
, alcohol, poly-
iT
^ ' matures and copolymers thereof.
6. A process according to claim 1, wherein said fiber
structure is formed by wrapping an inner layer of a
bonded high loft fiber around said mandrel, and covering
said inner layer with an outer layer of an unbonded fiber
outer surface of said fiber web.
7- A process for producing a bonded fibrous article,
comprising the steps of wrapping an inner layer of a
bonded high loft fiber upon a mandrel, covering said
inner layer with an outer layer of an unbonded web of
a fiber selected from the group consisting of polyester,
polyamide, acrylic and rayon fibers, placing said mandrel
containing said inner and outer layers upon a conveyor,
thereafter spraying a bonding agent onto the outer sur-
face of said fiber structure, heating said bonding agent
to bond the layers into a unitary fiber structure, removing
the unitary fiber structure from said mandrel, and heat
sealing a pair of opposite edges of the unitary fiber struc-
75 ture to each other.
 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 5 of 55

3,530,020
5 6
8. A process according to claim 7, wherein the fiber 2,447/241 8/1948 Englund 156190
of said inner layer is selected from the group consisting 2,525,644 10/1950 Brunson 156184
of polyester, polyamide, acrylic and rayon fibers. 2,789,075 4/1957 Stahl 156191

References Cited g CARL D. QUARFORTH, Primary Examiner

UNITED STATES PATENTS G. G. SOLYST, Assistant Examiner
2,016,273 10/1935 Atwood 156190
2,265,075 12/1941 Knuetter 156306 U.S. CI. X.R.
2,393,347 1/1946 Stuart 156306 5337; 156191
 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 6 of 55

US006978502B2

(12) United States Patent (io) Patent No.: US 6,978,502 B2

Calagui (45) Date of Patent: Dec. 27,2005

(54) PILLOW 5,638,564 A * 6/1997 Greenawalt et al. 5/636

5,647,076 A * 7/1997 Gearhart 5/631
(76) Inventor: Juanito B. Calagui, P.O. Box 325, 5,727,266 A 3/1998 Pang 5/636
Passaic, NJ (US) 07055 5,940,913 A * 8/1999 Horowitz 5/640
5,953,779 A * 9/1999 Schwartz 5/722
6,311,351 B1 * 11/2001 Murphy 5/727
( * ) Notice: Subject to any disclaimer, the term of this 5/645
6,363,557 B2 * 4/2002 Chou
patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days. FOREIGN PATENT DOCUMENTS
(21) Appl. No.: 10/780,138 DE 2009792 11/1970 5/636
DE 2701557 7/1978 5/636
(22) Filed: Feb. 17, 2004 * cited by examiner
(65) Prior Publication Data Primary ExaminerHeather Shackelford
Assistant ExaminerFredrick Conley
US 2004/0139550 Al Jul. 22, 2004 (74) Attorney, Agent, or FirmWalter J. Tencza, Jr.
7
(51) Int. CI. A47C 27/00 (57) ABSTRACT
(52) U.S. CI 5/640; 5/636; 5/645
(58) Field of Search 5/640,636,730, An apparatus is disclosed including a left end piece, a right
5/657,736,727, 644-645 end piece, and a pillow. The left end piece may have a recess
into which a left portion of the pillow can be inserted. The
(56) References Cited right end piece may have a recess into which a right portion
U.S. PATENT DOCUMENTS of the pillow can be inserted. The pillow may be substan-
tially softer than the left end piece and the right end piece.
3,243,828 A 4/1966 McCarty 5/636 The pillow, the left end piece, and the right end piece can be
3,924,283 A 12/1975 Shave 5/636
inserted into a sleeve.
4,850,068 A 7/1989 Walpon et al. 5/636
5,388,296 A 2/1995 Mansour 5/638
5,528,784 A 6/1996 Painte 5/640 16 Claims, 6 Drawing Sheets

10 ,10
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16
22
10
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36
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18
38 .34
32
II 38 16a'
//
.34 20a
//
24 /:
% 36a
 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 7 of 55

U.S. Patent Dec. 27,2005 Sheet 1 of 6 US 6,978,502 B2

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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 8 of 55

U.S. Patent Dec. 27,200s Sheet 2 of 6 US 6,978,502 B2

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U.S. P a t e n t Dec. 27,2005 Sheet 3 of 6 US 6,978,502 B2

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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 12 of 55

U.S. Patent Dec. 27,2005 Sheet 6 of 6 US 6,978,502 B2

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US 6,978,502 B2
1 2
PILLOW DETAILED DESCRIPTION OF THE DRAWINGS

FIELD OF THE INVENTION FIG. 1 shows a perspective view of an apparatus 10 in

accordance with an embodiment of the present invention
5 with the a
This invention relates to improved methods and apparatus PParalus ihown
^ e n apart. FIG. 2 shows a
concerning piUows. perspective view of the apparatus 10 of FIG. 1 with the
* apparatus 10 shown put together. The apparatus 10 includes
a conventional pillow 20, a left end piece 12, and a right end
BACKGROUND OF THE INVENTION piece 32.
10 The left end piece 12 may be comprised of portions 14
Various types of pillows are known in the prior art. and 16. Portion 14 may be solid and made of a foam
material. Portion 16 may also be made of a foam material,
SUMMARY OF THE INVENTION but may have an indentation or recess 18. Right end piece 32
may be identical to left end piece 12. Right end piece 32 may
The present invention in one or more embodiments pro- 1 5 ^ a v e a portion 34 and a portion 36. The portion 3 4 may be
vides an apparatus comprising a left end piece, a right end solid and made of a foam material like portion 14. The
piece, and a pillow. The left end piece may have a recess into portion 36 may also be made of a foam material, but may
which a left portion of the pillow can be inserted. The right have an indentation or recess 38. The portions 14 and 16
end piece may have a recess into which a right portion of the may be integrated together as one piece. The portions 34 and
pillow can be inserted. Hie pillow may be substantially 2 0 ma
y ' 3 e integrated together as one piece.
softer than the left end piece and the right end piece. The P^ow may be one piece, but for description
recess of the left end piece and the recess of the right end purposes may be described as having portions 22, 24, and
piece may have a width and a height, which is about the operation, as shown by the FIGS. 1 and 2, the portion
same as a width, and a height of the pillow. ^ pillow 20 may be inserted into the recess 18 of the
The apparatus m a , fiuther inchde a sleeve. The pillow, 2 5 1<:fl f ' 1 " 1 * l b e P o r t ''; 2 6 'he PiUow a>
r
the left end piece, and the right end piece can be inserted into may be inserted into the recess 38 of the nght end piece 32.
the sleeve while the left portion of the pillow is inserted into The pillow 20 may be made of a substantially softer
the recess of the left end piece and while the right portion of material than the left end piece 12 or the right end piece 32.
the pillow is inserted into the recess of the right end piece. For example, the left end piece 12 and the right end piece 32
The apparatus may further include a pillow covering. The 30 may be made of a substantially harder foam which does not
sleeve, the pillow, the left end piece, and the right end piece give as easily (i.e. is not as elastic) or is not compressed as
can be inserted into the pillow covering, while the left easily as a relatively softer foam for the pillow 20. This is
portion of the pillow is inserted into the recess of the left end done, so that, in at least one embodiment, a person's head
piece, while the right portion of the pillow is inserted into the 3 5 resting on the pillow 20, compresses the pillow 20 down-
recess of the right end piece, and while the pillow, left end ward, and if the person then rolls his or her head too far left
piece, and right end piece are inserted into the sleeve. or too far right, his or her head will be restrained from rolling
any further by the left end piece 12 or the right end piece 32,
The present invention in one or more embodiments also respectively. If the left end piece 12 and the right end piece
includes a method comprising the steps of inserting a right 32 had the same elasticity as the pillow 20, then the surface
portion of a pillow into a recess of a right end piece, ^ 20a of the pillow 20, even after compression by someone's
inserting a left portion of a pillow into a recess of a left end resting head, would be even, or substantially even, with the
piece, and wherein the pillow is substantially softer than the s u r f a c e s i f a a n d 36fl of the left end piece 12 and the right
left end piece and the right end piece. The method may e n ( j p i e c e 22, respectively. Providing a substantially softer
include inserting the pillow, the left end piece, and the right material for the pillow 20 than the left end piece 12 and the
end piece into a sleeve while the left portion of the pillow is 4 5 right end piece 32, effectively creates walls at the junction
inserted into the recess of the left end piece and while the of pillow 2 0 and left end piece 12 and the junction of pillow
right portion of the pillow is inserted into the recess of the 20 and right end piece 32.
right end piece. FIG. 3 shows a perspective view of a sleeve 100. The
apparatus 10, as assembled in FIG. 2 can be inserted into the
BRIEF DESCRIPTION OF THE DRAWINGS 50 sleeve 100. The sleeve 100 includes an outer covering 102
and a cavity or chamber 104 into which the apparatus 10 can
FIG. 1 shows a perspective view of an apparatus in be inserted. Closing zipper 110, which zips together upper
accordance with an embodiment of the present invention zipper teeth 106 and lower zipper teeth 108, can close the
with the apparatus shown taken apart; chamber 104.
FIG. 2 shows a perspective view of the apparatus of FIG. 5 5 FIG. 4 shows a perspective view of a pillow covering 200
1 with the apparatus shown put together; into which the sleeve 100 and the apparatus 10 as inserted
FIG. 3 shows a perspective view of a sleeve into which the in the sleeve 100, can be inserted. The pillow covering 200
apparatus of FIG. 2 can be inserted; is shown in FIG. 4 in a partially unzipped state. FIG. 5 shows
a bottom view of the pillow covering 200 of FIG. 4 with the
FIG. 4 shows a perspective view of a pillow covering into 60 pillow covering 200 of FIG. 4 shown in a completely zipped
which the sleeve of FIG. 3 and the apparatus of FIG. 2 can up state. FIG. 6 shows a top view of the pillow covering 200
be inserted, with the pillow covering shown in a partially
of FIG. 4.
unzipped state, The pillow covering 200 includes a central portion 202
FIG. 5 shows a bottom view of the pillow covering of having a bottom surface 202a, shown in FIGS. 4 and 5. The
FIG. 4 with the pillow covering of FIG. 4 shown in a <55 pillow covering 200 also includes a peripheral portion 204
completely zipped up state; and having portions 204a, 2046, 204c, and 204rf. The central
FIG. 6 shows a top view of the pillow covering of FIG. 4. portion 202 and the peripheral portion 204 may be made out
 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 14 of 55
US 6,978,502 B2
3 4
of a material such as a fabric. The pillow covering also
includes zipper 210, which can join or separate zipper teeth
206 and 208. The pillow covering 200 includes a chamber or
cavity 212, shown partially in FIG. 4, into which the sleeve
100 and apparatus 10 can be inserted upon unzipping the 5
zipper teeth 206 and 208. FIG. 6 shows a top surface 202b
of the central portion 202. The top view shown in FIG. 6
typically does not show a zipper 210.
Although the invention has been described by reference to
particular illustrative embodiments thereof, many changes io
and modifications of the invention may become apparent to
those skilled in the art without departing from the spirit and
scope of the invention. It is therefore intended to include
' within this patent all such changes and modifications as may
reasonably and properly be included within the scope of the 15
present invention's contribution to the art.
I claim:
1. An apparatus comprising:
a left end piece;
a right end piece; and
a pillow;
wherein the left end piece has a recess into which a left
portion of the pillow can be inserted;
wherein the right end piece has a recess into which a right
portion of the pillow can be inserted;
wherein the pillow is substantially softer than the left end
piece and the right end piece;
wherein the right end piece overlaps the right portion of
the pillow when the tight portion of the pillow is in the
recess of the right end piece; and
wherein the left end piece overlaps the left portion of the
pillow when the left portion of the pillow is in the
recess of the left end piece.
2. The apparatus of claim 1 wherein
the recess of the left end piece and the recess of the right 3 5
end piece have a width, which is about the same as a
dimension of the pillow.
3. The apparatus of claim 1 wherein
the recess of the left end piece and the recess of the right
end piece have a width and a height, which is about the
same as a width, and height of the pillow.
4. The apparatus of claim 1 further comprising
a sleeve; and
wherein the pillow, the left end piece, and the right end 4 5
piece can be inserted into the sleeve while the left
portion of the pillow is inserted into the recess of the
left end piece and while the right portion of the pillow
is inserted into the recess of the tight end piece.
5. The apparatus of claim 4 further comprising
a pillow covering; and
wherein the sleeve, the pillow, the left end piece, and the
right end piece can be inserted into the pillow covering,
while the left portion of the pillow is inserted into the
recess of the left end piece, while the right portion of 55
the pillow is inserted into the recess of the right end
piece, and while the pillow, left end piece, and right end
piece are inserted into the sleeve.
6. The apparatus of claim 1 wherein
the right portion of the pillow has a top surface and a 60
bottom surface;
wherein the right end piece overlaps the top and bottom
surfaces of the right portion of the pillow when the right
portion of the pillow is in the recess of the right end
piece;
wherein the left portion of the pillow has a top surface and
a bottom surface; and
wherein the left end piece overlaps the top and bottom
surfaces of the left portion of the pillow when the left
portion of the pillow is in the recess of the left end
piece.
7. The apparatus of claim 1 further comprising
a sleeve; and
wherein the pillow, the left end piece, and the right end
piece can be inserted into the sleeve while the left
portion of the pillow is inserted into the recess of the
left end piece and while the right portion of the pillow
is inserted into the recess of the right end piece.
8. The apparatus of claim 7 further comprising
a pillow covering; and
wherein the sleeve, the pillow, the left end piece, and the
right end piece can be inserted into the pillow covering,
while the left portion of the pillow is inserted into the
recess of the left end piece, while the right portion of
the pillow is inserted into the recess of the right end
piece, and while the pillow, left end piece, and right end
20
piece are inserted into the sleeve,
9. A method comprising the steps of
inserting a right portion of a pillow into a recess of a right
end piece;
25 inserting a left portion of a pillow into a recess of a left
end piece; and
wherein the pillow is substantially softer than the left end
piece and the right end piece;
wherein the right and piece overlaps the right portion of
30
the pillow when the right portion of the pillow is in the
recess of the right end piece; and
wherein the left end piece overlaps the left portion of the
pillow when the left portion of the pillow is in the
recess of the left end piece.
10. The method of claim 9 wherein
the recess of the left end piece and the recess of the right
end piece have a width, which is about the same as a
dimension of the pillow.
11. The method of claim 9 wherein
40
the recess of the left end piece and the recess of the right
end piece have a width and a height, which is about the
same as a width, and height of the pillow.
12. The method of claim 9 further comprising
inserting the pillow, the left end piece, and the right end
piece into a sleeve while the left portion of the pillow
is inserted into the recess of the left end piece and while
the right portion of the pillow is inserted into the recess
of the right end piece.
50
13. The method of claim 12 further comprising
inserting the sleeve, the pillow, the left end piece, and the
right end piece into a pillow covering, while the left
portion of the pillow is inserted into the recess of the
left end piece, while the right portion of the pillow is
inserted into the recess of the right end piece, and while
the pillow, left end piece, and right end piece are
inserted into the sleeve.
14. The method of claim 9 wherein
the right portion of the pillow has a top surface and a
bottom surface;
wherein the right end piece overlaps the top and bottom
surfaces of the right portion of the pillow when the right
portion of the pillow is in the recess of the right end
65 piece;
wherein the left portion of the pillow has a top surface and
a bottom surface; and
 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 15 of 55

US 6,978,502 B2
5 6
wherein the left end piece overlaps the top and bottom 16. The method of claim 15 further comprising inserting
surfaces of the left portion of the pillow when the left the sleeve, the pillow, the left end piece, and the right end
portion of the pillow is in the recess of the left end piece into a pillow covering, while the left portion of the
piece. pillow is inserted into the recess of the left end piece, while
15. The method of claim 9 further comprising 5
the right portion of the pillow is inserted into the recess of
inserting the pillow the left end piece, and the right end
the right end piece, and while the pillow, left end piece, and
piece into a sleeve while the left portion of the pillow
is inserted into the recess of the left end piece and while right end piece are inserted into the sleeve.
the right portion of the pillow is inserted into the recess
of the right end piece.
Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 16 of 55

United States Patent 119] 111] Patent Number: Des. 283,963

Rowland [45] Date of Patent: ** May 27,1986

[54] PILLOW D. 246,815 1/1978 SUlers ... D6/599

2,961,668 11/1960 Hayes D6/599 X
[76] Inventor: Frieda H. Rowland, 7024 Via Nueva, 3,613,133 10/1971 Isola et al D6/599 X
Scottsdale, Ariz. 85258 4,458,372 7/1984 Mills 5/413

[**] Term: 14 Years Primary ExaminerNelson C. Holtje

Assistant ExaminerTheodore M. Shooman
[21] Appl. No.: 793,349 Attorney, Agent, or FirmWarren F. B. Lindsley
[22] Filed: Oct 25,1985 [57] CLAIM
[52] U.S. a. D6/599; D6/601 The ornamental design for a pillow, as shown and de-
[58] Field of Search D6/595, 596, 599, 601, scribed.
D6/602, 603, 502; 5/413, 434, 436, 462, 482,
485, 490 DESCRIPTION
[56] References Cited FIG. 1 is a front and side perspective view of a pillow
showing my new design;
U.S. PATENT DOCUMENTS FIG. 2 is a top plan view thereof;
D. 167,433 8/1952 Van Laar ... 5/434 X FIG. 3 is a bottom plan view thereof;
D. 170,348 9/1953 Aronov D6/599 X FIG. 4 is a right side elevational view thereof; and
D. 190,621 6/1961 Foster ... D6/599 FIG. 5 is a rear elevational view thereof.

0 E]

m L /B?
Z.<'"

my
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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 17 of 55

U.S. Patent May 27,1986 Des. 283,963

<>
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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 18 of 55

United States Patent [wj [iij Patent Number: Des. 316,353

Dobson [45] Date of Patent: ** Apr. 23,1991

[54] PILLOW [56] References Cited

U.S. PATENT DOCUMENTS
[75] Inventor: John R. Dobson, Campbelltown, D. 260,125 8/1981 Rogers D6/596
Australia D. 309,544 7/1990 Abrian D6/601
3,222,694 12/1965 Schick .... 5/431
4,405,129 9/1983 Stuckey 5/441 X
[73] Assignee: Susan Dobson, Campbelltown, 4,709,431 12/1987 Shaktman ... 5/431
Australia; a part interest
Primary ExaminerWallace R. Burke
Assistant ExaminerBrian N. Vinson
[*] Term: 14 Years
[57] CLAIM
[21] Appl.No.: 306,645 The ornamental design for a pillow, as shown and de-
scribed.
[22] Filed: Feb. 3,1989 DESCRIPTION
FIG. 1 is a perspective view of a pillow showing my
new design;
[30] Foreign Application Priority Data FIG. 2 is a front elevational view thereof;
Aug. 5,1988 [AU] Australia 2645 FIG. 3 is. a rear elevational view thereof;
[52] U.S. CI D6/601 FIG. 4 is a side elevational view thereof, the opposite
[38] Field of Search D6/595-596, side being a mirror image;
D6/601, 604; 5/431,434, 435, 436,437, 440, FIG. 5 is a top plan view thereof; and
441, 443, 481 FIG. 6 is a bottom plan view thereof.

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5SSSSSSSSS9MB9

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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 19 of 55

U.S. Patent Apr. 23, 1991 Sheet 1 of 2 Des. 316,353

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//

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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 20 of 55

U.S. Patent Apr. 23,1991 Sheet 2 of 2 Des. 316,353

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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 21 of 55

US00D327802S
United States Patent [w] [U] Patent Number: Des. 327,802
Downing [45] Date of Patent: ** Jul. 14,1992

[54] EAR ACCOMMODATING PILLOW D. 214,302 6/1969 Barber .

D. 256,728 9/1980 Allen .
[76] Inventor: Billie M, Downing, 7 Gowing La., 3,843,980 10/1974 Rodriquez .
P.O. Box 337, North Reading, Mass. 5,023,128 6/1991 Fatool 5/431 X
01864 Primary ExaminerBrian N. Vinson
Attorney, Agent, or FirmTerry M. Gernstein
[**] Term: 14 Years
[57] CLAIM
[21] Appl. No.: 483,002 The ornamental design for an ear accommodating pil-
[22] Filed: Feb. 22, 1990 low, as shown and described.
[52] US. a 06/601 DESCRIPTION
[58] Field of Search D6/595-596,
FIG. 1 is a top, front, and right side perspective view of
D6/601, 604; 5/431-432, 434-436, 441, 443,
an ear accommodating pillow showing my new design;
448-449, 451, 461
FIG. 2 is a rear elevational view thereof;
[56] References Cited FIG. 3 is a front elevational view thereof;
FIG. 4 is a left side elevational view thereof;
U.S. PATENT DOCUMENTS FIG. 5 is a right side elevational view thereof;
D. 174,778 5/1955 Smith D6/601 FIG. 6 is a top plan view thereof; and,
D. 207,079 2/1967 Wirth D6/601 FIG. 7 is a bottom plan view thereof.

- -. ' . .

m
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TZD
fur
mm:

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iSi
 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 22 of 55

U.S. Patent July 14, 1992 Sheet 1 of 3 Des. 327,802

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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 23 of 55

U.S. Patent July 14, 1992 Sheet 2 of 3 Des. 327,802

IP-
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, '.'v-c'/oV:'
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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 24 of 55

U.S. Patent July 14, 1992 Sheet 3 of 3 Des* 327,802

'/f'rf
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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 25 of 55

USOOD335997S
United States Patent [n] Patent Number: Des. 335,997
Castronovo {45] Date of Patent*. ** Jun. 1,1993

[54] BACK LUMBAR SUPPORT Primary ExaminerWallace R. Burke

Assistant ExaminerLisa Lichtenstein
[76] Inventor: Joseph Castronovo, 7611 S. Orange Attorney, Agent, or FirmOltman and Flynn
Blossom Trail, Ste. 154, Orlando,
Fla. 32809 [57] CLAIM
[**] Term: 14 Years The ornamental design for a back lumbar support, as
shown and described.
[21] Appl. No.: 822,838
DESCRIPTION
[22] Filed: Jan. 21,1992
[52] U.S. a. D6/601 FIG. 1 is a front elevational view of a back lumbar
[58] Field of Search .. D6/595, 596, 601; support showing my new design;
297/231, 232, 284.5 FIG. 2 is a right end elevational view thereof;
FIG. 3 is a bottom plan view thereof;
[56] References Cited FIG. 4 is a left end elevational view thereof;
U.S. P A T E N T D O C U M E N T S FIG. 5 is an inverted rear elevational view thereof; and,
D. 256,535 8/1980 Martin D6/596 FIG. 6 is a top plan view thereof.
D. 282,900 3/1986 Sims el al D6/601 The fabric pattern, fragmentarily shown in FIGS. 1-6,
D. 325,683 4/1992 Meyer et al D6/601 is understood to extend throughout the entire surface of
3,955,850 5/1976 Toso 297/232 the claimed design.

Tfffl
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f]

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lb.

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Biiifeffiffii
Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 26 of 55

U.S. Patent June 1, 1993 Des. 335,997

TBJI

if
s *

t L
fe

FIG.l FIG. 2.
rt iT'tTTlf
4 + \m**

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FIG. 3
FFl ulifrf^fftin^NirtftfnliitdLe; -.irfiftliin

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FIG. 4 FIG. 5
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FIG. 6 Ml M J L
 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 27 of 55

USOOD338798S
United States Patent no] [ii] Patent Number: Des. 338,798
Grzybinski [45] Date of Patent: ** Aug. 31,1993

[54] COMBINATION PILLOW AND MUSIC BOX quilted pillow with a pocket which holds a music box,
[75] Inventor: Cheryl A. Grzybinski, Berkeley, Mo. copyright 1990 by Joan Knight Designs.
[73] Assignee: The Green Dream, Black Jack, Mo. Primary ExaminerWallace R. Burke
Assistant ExaminerLisa. Lichtenstein
[**] Term: 14 Years Attorney, Agent, or FirmHaverstock, Garrett &
[213 Appl. No.: 911,143 Roberts

[22] Filed: Jul. 9,1992 [57] CLAIM

The ornamental design for a combination pillow and
Related U.S. Application Data music box, as shown and described.
[63] Continuation-in-part of Ser. No. 509,869, Jun. 4, 1990, DESCRIPTION
abandoned.
[52] U.S. O . D6/601 FIG-1 is a perspective view of the combination pillow
[58] Field of Search "...l"........'.. D6/601 ', '595, 596- music box showing my new design, the flap portion
5/639" 904, 636; 297/186, 217 associated with the pillow being shown in its folded
back position;
[56] References Cited FIG. 2 is a top plan view thereof;
U.S. PATENT DOCUMENTS FIG. 3 is a bottom plan view thereof;
2,958,769 11/1960 Bounds D6/601
FIG- 4 is a front elevational view thereof; and,
4,862,438 8/1989 Fry ... 5/636 FIG. 5 is a right side elevational view thereof.
5,072,429 12/1991 Mair ... 5/904 The rear elevational view and the left side elevational
view of the subject combination pillow and music box
FOREIGN PATENT DOCUMENTS not shown in the drawings are mirror images of the
999217 7/1965 United Kingdom 5/639 front elevational view shown in FIG. 4 and the right
side elevational view shown in FIG. 5, respectively.
OTHER PUBLICATIONS The cross-hatching in FIGS. 1-5, is intended to repre-
Cover page, pp. 32, 33 & 37 of the Special 1992 Issue of sent conventional fabric and is understood to extend
Quilted Gifts magazine describing how to make a uniformly across the surfaces represented.

7/ / /

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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 28 of 55

U.S. Patent Aug. 31, 1993 Sheet 1 of 3 Des. 338,798

7# I /
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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 29 of 55

U.S. Patent Aug. 31, 1993 Sheet 2 of 3 Des. 338,798

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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 30 of 55

U.S. Patent Aug. 31, 1993 sheet 3 of 3 Des. 338,798

A tiJL
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Fig. 5
 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 31 of 55

USO0D376502S

United States Patent [19] [ii] Patent Number: Des. 376,502

Bonaddio et al. [45] Date of Patent: **Dec. 17, 1996

[54] SYNTHETIC FOAM PILLOW 5,014,377 5/1991 Dixon 5/636

5,153,956 10/1992 Nold . 5/900.5 X
[75] Inventors: Vincenzo A. Bonaddio, Rancho Santa
Margarita; Feyyaz O. Baskent, Primary ExaminerGary D. Watson
Newport Beach, both of Calif. Attorney, Agent, or FirmNatan Epstein
[57] CLAIM
[73] Assignee: Foamex L.P., Linwood, Pa.
The ornamental design for a synthetic foam pillow, as shown
[**] Term: 14 Years and described.

[21] Appl. No.: 28,994 DESCRIPTION

[22] Filed: Sep. 27,1994 FIG. 1 is a top side perspective view of a synthetic foam
[52] U.S. CI D6/601 pillow, showing our new design;
[58] Field of Search D6/595, 596, 601; FIG. 2 is an end view thereof, the opposite end being
5/630, 636, 652, 900.5, 901 substantially identical;
FIG. 3 is an enlarged detail view of fragment 3 in FIG. 2;
[56] References Cited FIG. 4 is a front elevational view thereof, the rear being
substantially identical; and,
U.S. PATENT DOCUMENTS FIG. 5 is a top plan view thereof, the bottom being substan-
D. 326,204 5/1992 Main , D6/596 tially identical.
D. 335,997 6/1993 Castromoyo . D6/601 The conical pattern in FIGS. 1 , 4 and 5 is shown fragmen-
D. 337,913 8/1993 Rose . D6/596 tarily for ease of illustration but is understood to extend
D. 352,634 11/1994 Canning D6/596 continuously throughout
D. 364,986 12/1995 Launder et al D6/601
2,880,428 4/1959 Foreland ... 5/636
3,258,791 7/1966 Kaplan 5/901 X 1 Claim, 2 Drawing Sheets

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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 32 of 55

U.S. Patent Dec. 17, 1996 Sheet 1 of 2 Des. 376,502

Fig . I
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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 33 of 55

U.S. Patent Dec. 11, 1996 Sheet 2 of 2 Des. 376,502

nj.4

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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 34 of 55

USO0D38574OS
I
United States Patent [19] [ii] Patent Number: Des. 385,740
Palmer [45] Date of Patent: **Nov. 4,1997

[54] SET OF LINEN Primary ExaminerJanice E, Seeger

Attorney, Agent, or FirmJerome J. Morris
[76] Inventor: Barbara Palmer, 1201 Hunting Ridge
Rd., Raleigh, N.C. 27615 [57] CLAIM
[**] Term: 14 Years The ornamental design for a set of linen, as shown and
described.
[21] Appl. No.: 59,494 DESCRIPTION
[22] Filed; Sep. 12,1996 FIG. 1 is a perspective view of a set of linen, showing the
[51] LOC(6)CJ pillow case of my new design;
- 06-13
FIG. 2 is a top plan view thereof;
[52] U.S. CI. D6/S95; D6/601; D6/602 FIG. 3 is a left side elevational view thereof;
[58] Field of Seardi D6/595-597,600-603; FIG. 4 is a right side elevational view thereof;
5/482, 488-491, 495, 497, 499, 500 FIG. 5 is a perspective view showing the fiat sheet;
[56] FIG. 6 is a perspective view showing the fitted sheet;
References Cited
FIG. 7 is a top plan view showing die flat sheet; and,
U.S. PATENT DOCUMENTS FIG. 8 is a top plan view, showing the fitted sheet thereof.
The broken lines in FIGS. 5 and 6 are for environmental
D. 212,927 12/1968 dementi D6/600 purposes only and form no part of the claimed design. The
D. 336,204 6/1993 Hams et al D6/602
D. 342,181 12/1993 White bottom of the pillow case is plain and unornamented.
D6/601
5,184362 2/1993 Yager et al 5/490
5,421,045 6/1995 Bowen 5/502 X 1 Claim, 2 Drawing Sheets

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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 35 of 55

U.S. Patent Nov. 4, 1997 Sheet 1 of 2 Des. 385,740

FIG. /

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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 36 of 55

U.S. Patent Nov. 4,1997 Sheet 2 of 2 Des. 385,740

F/G.5
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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 37 of 55

US00D426096S
United States Patent [19] [ii] Patent Number: Des. 426,096
Palmer [45] Date of Patent: %
% Jun. 6,2000

[54] SET O F LINEN [57] CLAIM

[76] Inventor: Barbara Palmer, 1201 Hunting Ridge The ornamental design for a set of linen, as shown and
Rd., Raleigh, N.C. 27615 described.

[**] Term: 14 Years DESCRIPTION

FIG. 1 is a perspective view of a set of boy linen, showing
[21] Appl. No.: 29/094,578 the pillow case of my new design;
[22] Filed: Oct. 5, 1998 FIG. 2 is a top plan view thereof;
FIG. 3 is a left side elevational view thereof;
[51] LOC (7) CJ 06-13 FIG. 4 is a right side elevational view thereof;
[52] U.S. CI D6/595; D6/601; D6/602 FIG. 5 is perspective view of a set of girl linen, showing the
[58] Field of Search D6/595, 596, 597, pillow case of my new design;
D6/601, 602, 603; 5/482, 495, 497, 499-502, FIG. 6 is a top plan view of FIG. 5;
489, 490 FIG. 7 is a perspective view showing the flat sheet for a baby
girl;
[56] References Cited FIG. 8 is a top plain view showing a flat sheet for a baby boy;
and,
U.S. PATENT DOCUMENTS
FIG. 9 is a top plain view showing a flat sheet for a baby girl.
D. 385,739 11/1997 Palmer D6/595 The bottom of the pillow case is plain and unornamented.
D. 385,740 11/1997 Palmer D6/595 The sides and the ends of the sheet form no part of the
1,822,948 9/1931 Armstrong .. 5/490 claimed design.
Primary Exam inerJan ice E. Seeger
Attorney, Agent; or FirmJerome J. Norris 1 Claim, 3 Drawing Sheets

'"W
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fr
Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 38 of 55

U.S. Patent Jun. 6,2000 Sheet 1 of 3 Des. 426,096

FIG. 1 ^Vir

FIG. 2

a -fey

!\

FIG. 3 FIG.4

gg: < L . c
 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 39 of 55

U.S. Patent Jim. 6,2000 Sheet 2 of 3 Des. 426,096

FIG. 5

FIG. 6

/i
/
A
Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 40 of 55

U.S. Patent Jun. 6,2000 Sheet 3 of 3 Des. 426,096

F IG. 7

FI G. 8 FIG. 9

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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 41 of 55
Illllllllllllllllllllllllllllllllllllllllll
US00D429438S
United States Patent [isj [ii] Patent Number: Des. 429,438
Palmer [45] Date of Patent: *% Aug. 15,2000

[54] SET O F LINEN Primary ExaminerJanice E. Seeger

Attorney, Agent, or FirmJerome J. Norris
[76] Inventor: Barbara Palmer, 1201 Hunting Ridge
Rd., Raleigh, N.C. 27615 [57] CLAIM

[**] Term: 14 Years Hie ornamental design for a set of linen, as shown and
described.
[21] Appl. No.: 29/092,898 DESCRIPTION
[22] Filed: Aug. 19, 1998 FIG. 1 is a perspective view of a set of linen, showing the
[51] LOC (7) CI 09-03 pillow case of my new design;
[52] U.S. CI D6/595; D6/601; D6/602 FIG. 2 is a top plan view thereof;
[58] Field of Search ... D6/595-597, 600-603; FIG. 3 is a left side elevational view thereof;
5/482, 488-491, 495, 497, 499, 500, 502 FIG. 4 is a right side elevational view thereof;
FIG. 5 is a perspective view showing the flat sheet;
[56] References Cited FIG. 6 is a perspective view showing the fitted sheet;
FIG. 7 is a top plan view showing the flat sheet; and,
U.S. PATENT DOCUMENTS FIG. 8 is a top plan view, showing the fitted sheet thereof.
D. 170,071 7/1953 Vernon D6/595 Hie broken lines in FIGS. 5 and 6 are for environmental
D. 385,450 10/1997 Palmer D6/595 purposes only and form no part of the claimed design. The
D. 385,739 11/1997 Palmer D6/595 bottom of the pillow case is plain and unomamented.
D. 385,740 11/1997 Palmer D6/595
D. 411,401 6/1999 Edick et al. D6/601
3,774,250 11/1973 Miller .. 5/737 1 Claim, 3 Drawing Sheets

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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 42 of 55

U.S. Patent Aug. 15,2000 Sheet 1 of 3 Des. 429,438

FIG. /

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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 43 of 55

U.S. Patent Aug. 15,2000 Sheet 2 of 3 Des. 429,438

FIG. 5

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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 44 of 55

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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 45 of 55

US00D439099S

(12) United States Design Patent ao) Patent No.: us D439,099 S

Erickson (45) Date of Patent: ** Mar. 20,2001

(54) PILLOW FOR HOSPETAL PATIENTS Primary ExaminerJanice E. Seeger

(74) AttorneyAgent, or FirmMalloy & Malloy, RA.
(76) Inventor: Tomiko Erickson, 10100 E. Calusa
Club Dr., Miami, FL (US) 33186-2344 (57) CLAIM
(**) Term: 14 Years The ornamental design for a pillow for hospital patients, as
shown and described.
(21) Appl. No.: 29/115,828
DESCRIPTION
(22) Filed: Dec. 21,1999
(51) LOC (7) CI 06-09 FIG. 1 is a front perspective view illustrating my design for
(52) U.S. CI D6/601 a pillow for hospital patients;
(58) Field of Search D6/595, 596-599, FIG. 2 is a front view of my design;
D6/601, 604; 5/907, 630, 633, 636-639, FIG. 3 is a right side view of my design;
641, 652-654, 655.3, 655.9, 656 FIG. 4 is a top view of my design;
(56) References Cited FIG. 5 is a rear view of my design;
U.S. PATENT DOCUMENTS FIG. 6 is a left side view of my design; and,
FIG. 7 is a bottom view of my design.
D. 316,204 * 4/1991 Goodale D6/601
D. 389,645 * 1/1998 Ennini . D3/276
* cited by examiner 1 Claim, 3 Drawing Sheets

*
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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 46 of 55

U.S. Patent , Mar. 20,2001 Sheet 1 of 3 US D439,099 S

J
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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 47 of 55

U.S. Patent Mar. 20,2001 Sheet 2 of 3 US D439,099 S

hllllllll.

FIG. 4

^w)
i;\v
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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 48 of 55

U.S. Patent Mar. 20,2001 Sheet 3 of 3 US D439,099 S

<!

iiii m 1
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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 49 of 55

US00D439464S

(12) United States Design Patent ao) Patent No.: us D439,464 s

Shuster (45) Date of Patent: ** Mar. 27,2001

(54) PILLOW 4,157,088 * 6/1979 Gracey 601/57

, 5/417
4,980,935 * 1/1991 Kazanowski el al
(75) Inventor: Stephanie A. Shuster, Slaieline, NV
(US) * cited by examiner
(73) Assignee: Stephanie Shuster, Stateline, NV (US) Primary ExaminerJanice E. Seeger
(74) Attorney, Agent, or FirmAnna Vradenburgh
(**) Term: 14 Years (57) CLAIM

(21) Appl. No.: 29/121,753 The ornamental design for a pillow, as shown and described.

(22) Filed: Apr. 12, 2000 DESCRIPTION

(51) LOC (7) CI. .... 06-09 FIG. 1 is a lop perspective view of a pillow illustrating a new
(52) U.S. CI .. D6/596; D6/601 design;
FIG. 2 is a top plan view thereof;
(58) Field of Search D6/595, 596, 601,
FIG. 3 is a bottom plan view thereof;
D6/604, 605; 5/630, 632, 636, 638, 640,
FIG. 4 is a front view thereof;
644, 652, 652.1, 653-655, 907, 417-420 FIG. 5 is a rear view thereof;
(56) References Cited FIG. 6 is a left side view thereof; and,
FIG. 7 is a right side view thereof.
U.S. PATENT DOCUMENTS
2,586,031 * 2/1952 Hahne D6/602 1 Claim, 3 Drawing Sheets

MIZ
Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 50 of 55

U.S. Patent Mar. 27,2001 Sheet 1 of 3 US 0439,464 S

;*ri

JV: :.' " "

tf:.

FIG. 1

'--V . 1 .i1 J 1 --v : - . v ".-.v " / . v . " . v T ^ v T ^ . v :'::: r.-.v r

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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 51 of 55

U.S. Patent Mar. 27,2001 Sheet 2 of 3 US D439,464 S

.v.- J.-,.
"ill/
r-V : T?^1-.-ii

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Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 52 of 55

U.S. Patent Mar. 27,2001 Sheet 3 of 3 US D439,464 S

- . *

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 Case 2:17-cv-00487-DSC Document 1-6 Filed 04/14/17 Page 53 of 55

US00D482923S

(12) United States Design Patent ao) Patent No.: us D482,923 s

Gaines (45) Date of Patent: %% Dec. 2,2003

(54) PILLOW CASE WITH SECURITY POCKET 5,737,787 A 4/1998 lozef

5,898,962 A * 5/1999 McNeal . 5/639
(75) Inventor: Clifton Gaines, 533 S. Water St., Apt. D411,401 S * 6/1999 Edick et al. ... D6/601
3, Wichita, KS (US) 67202 5,953,777 A * 9/1999 Buck . 5/636
6,044,161 A 3/2000 Lee
(73) Assignee: Clifton Gaines, Wichita, KS (US) 6,267,638 B1 7/2001 Connolly et al.
D448,960 S * 10/2001 Leverette D6/596
(**) Term: 14 Years * cited by examiner
(21) Appl. No.: 29/176,870 Primary ExaminerJanice E. Seeger
(74) Attorney, Agent, or FirmJohn D. Gugliotta P.E.,
(22) Filed: Mar. 3, 2003 Esq.; David M. Chester PE, Esq.; P. Jeff Martin
(51) LOC (7) CI 06-09 (57) CLAIM
(52) U.S. CI D6/601
The ornamental design for a pillow case with security
(58) Field of Search D6/595, 596, 601, pocket, as shown and described.
D6/608; 5/489, 490, 485
DESCRIPTION
(56) References Cited
FIG. 1 is a perspective view of a pillow case with security
U.S. PATENT DOCUMENTS pocket showing my new design;
FIG. 2 is a rear elevational view thereof;
2,779,033 A * 1/1957 Fountain 5/489
FIG. 3 is a front elevational plan view thereof;
3,946,316 A 3/1976 Hough
4,688,286 A 8/1987 Miker, Jr.
FIG. 4 is a top plan view thereof;
4,864,669 A * 9/1989 Jones ..... 5/636 FIG. 5 is a bottom plan view thereof;
4,959,880 A 10/1990 Tesch FIG. 6 is a left side elevational view; and,
5,138,728 A 8/1992 Aston FIG. 7 is a right side elevational view thereof.
5,313,678 A 5/1994 Redewill
5,729,846 A 3/1998 Sullivan 1 Claim, 2 Drawing Sheets

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Case 2:17-cv-00487-DSC Document 1-7 Filed 04/14/17 Page 1 of 10

EXHIBIT 6
 Case 2:17-cv-00487-DSC Document 1-7 Filed 04/14/17 Page 2 of 10

m LernerDavsd
Lerner David Littenberg
Krumholz & Mentlik LLP
600 South Avenue West
INTELLECTUAL PROPERTY LAW
Westfield NJ 07090
908 654 5000 rriain :
iernerdavid.com

Bruce H. Sales
908.518.6311
bsales@lernerdavid.com

April 6,2017

VIA FEDERAL EXPRESS

CONFIRMATION VIA FIRST-CLASS MAIL
Attn: President
American Textile Company
10 North Linden St.
Duquesne, PA 15110

Re: OurRef.: HOLLANDER 4.1-105 (1458)

American Textile Company / Big Lots

Dear Sir/Madam:
YW

K A copy
of the '920 Patent is enclosed.

It has come to our client's attention that your company is manufacturing a pillow with

patented by our client. Such identity of design can only be attributed to a willful and knowing copy
of HSP's design.

The packaging containing the infringing pillow you manufacture establishes that the pillow is
being sold to Big Lots. Indeed, in the March 26, 2017 issue of Home And Textile Today, the
infringing pillow was touted in connection with Big Lots' JUST HOME basic brand. Under patent
law, sellers of infringing product, as well as manufacturers, are liable for infringing acts.
Accordingly, concomitantly with this letter, a letter has been sent to Big Lots advising that the JUST
HOME pillow manufactured by your company infringes HSP's patent rights.

Infringement of design patents is governed, in part, by Title 35, Section 289 of the United
States Code. Any entity that manufactures or sells a product using a patented design or colorable
imitation thereof is liable, among other remedies, to the patent owner for the total profit of the

infringing product. Additionally, the patent owner is entitled to obtain an award of its attorneys' fees.

referenced monetary and injunctive relief against your company and any other entities engaged in

4938835J.docx
 Case 2:17-cv-00487-DSC Document 1-7 Filed 04/14/17 Page 3 of 10

L LernerDavid
INTELLECTUAL P R O P E R T Y LAW

Attn: President
American Textile Company
April 6,2017
Page 2

1, Identify all customers to whom you have sold the infringing pillow with name,
address, contact person and contact person e-mail. Each customer or distributor must also be

number of infringing pillows on order but not delivered to the customer.

3. An accounting of all infringing pillows in inventory at your company, and in the

process of manufacture by your company.

of pillows recalled shall be made to HSP; and a certificate attesting to the destruction of such

HSP,

6. Your company shall compensate HSP for its infringing activities in an amount to be
med by HSP once it receives the aforementioned accounting demands.

orders for infringing pillows.

Sincerely yours,
LERNER, DAVID, LITTENBERG,
KRUMHOLZ & MENTLIK, LLP

nh
mxmu
BRUCE H. SALES
BHS:dlb
Enclosures
U.S. Patent No. D507,920
Photograph of infringing pillow

4938835_l.doc>
 Case 2:17-cv-00487-DSC Document 1-7 Filed 04/14/17 Page 4 of 10

US00D507920S

(i2) United States Design Patent ao) Patent No.: US 0507,920 S

Mack (45) Date of Patent: Aug. 2,2005

(54) PILLOW COVERING D283,963 S 5/1986 Rowland D6/599

5,084,928 A 2/1992 Skillington 5/490
(75) inventor; Beth Mack, Boca Raton, EL (US) 5,953,777 A * 9/1999 Buck 5/636
D466,751 S 12/2002 Coais et a! D6/601
(73) Assignee: Hollander Home Fashions Corp., * cited by examiner
Boca Raton, FL (US)
Primary ExamineriMcy Lieberman
(**) Term: 14 Years (74) Attorney, Agent, or FirmLerner, David, Litlenberg,
Krumholz & Mentlik, LLP
(21) Appl. No.: 29/200,339
(57) CLAIM
(22) Filed: Feb. 26, 2004
The ornamental design for a pillow covering, as shown and
(51) LOG (8) CI. .......... described.
(52) U.S. CI. ........... D ^ O l ; D6/606 DESCRIPTION
(58) Field of Search D6/595-606; 5/632,
F I a 1 is
5/633, 636, 637, 639, 640, 644, 645, 648, a perspective view of a pillow covering showing
710, 722, 417-420, 653, 654, 655, 655.3, my new design;
F1G 2 i s a
656, 655.5, 657, 655.9, 490, 491, 482, ' ^ elevahonal view;
9Q7 FIG. 3 is a rear clevational view;
FIG. 4 is a top plan view, the bottom plan view being
(56) References Cited identical thereto; and,
FIG. 5 is a right side elevational view, the left side eleva-
U.S. PATENT DOCUMENTS
tional view being identical thereto.
1,262,510 A * 4/1918 Keily ,....,..,.... 5/636* The broken lines shown in the drawings are for illustration
2,029,608 A * 2/1936 Buchman 5/490 purposes only and form no part of the design sought to be
2,217,999 A * 10/1940 De Woskin 5/484 patented
3,148,389 A * 9/1964 Lustig ..... 5/645
3,924,283 A * 12/1975 Shave . 5/636 1 Claim, 3 Drawing Sheets
 Case 2:17-cv-00487-DSC Document 1-7 Filed 04/14/17 Page 5 of 10

U.S. Patent Aug. 2,200s Sheet 1 of 3 US D507,920 S

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FIG. 2

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 Case 2:17-cv-00487-DSC Document 1-7 Filed 04/14/17 Page 7 of 10

U.S. P a t e n t Aug. 2,200s Sheet 3 of 3 US 1)507,920 s

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