Case 2:15-cv-06759-KAM-AKT Document 1-5 Filed 11/24/15 Page 2 of 10 PageID #: 46
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`111111111111111111111111111flIft 1111211111111111111111
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`(12) United States Patent (10) Patent No.: US 9,015,883 B2
`Alletto
`(45) Date of Patent: Apr. 28, 2015
`
`PILLOW WITH GUSSET OF OPEN CELL
`CONSTRUCTION
`Applicant: Bedgear, LLC, Farmingdale, NY (US)
`
`Inventor: Eugene Alletto, Glen Head, NY (US)
`Assignee: Bedgear, LLC, Farmingdale, NY (US)
`
`Notice: Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`(21)
`
`(22)
`
`(65)
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`*
`
`De Monsabert 5/699
`
`(56) References Cited
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`Turner
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`Long
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`11/1980 Webber
`Filed: Jul. 10, 2014
`(Continued)
`Prior Publication Data FOREIGN PATENT DOCUMENTS
`US 2014/0317850 Al Oct. 30, 2014
`GB 2270254 A * 3/1994 A47C 21/02
`WO 2004056237 A2 7/2004
`OTHER PUBLICATIONS
`S. Munoz, Shopping Around/Antimicrobial Sheets, Wall Street Jour-
`nal, Jan. 4, 2007.
`
`Related U.S. Application Data
`(63) Continuation of application No. 14/107,665, filed on
`Dec. 16, 2013, now Pat. No. 8,887,332, which is a
`continuation of application No. 13/531,122, filed on
`Jun. 22, 2012, now Pat. No. 8,646,134.
`(60) Provisional application No. 61/499,907, filed on Jun.
`22, 2011.
`
`(51)
`
`Int. Cl.
`A47G 9/10 (2006.01)
`(52) U.S. Cl.
`CPC A47G 9/1036 (2013.01); A47G 9/10
`(2013.01)
`
`(58) Field of Classification Search
` A47G 9/10
`CPC
`USPC 5/636-645, 724, 738, 652.1, 490
`See application file for complete search history.
`
`(Continued)
`Primary Examiner — Michael Trettel
`(74) Attorney, Agent, or Firm — Sorell, Lenna & Schmidt,
`LLP
`(57) ABSTRACT
`A pillow is provided herein which includes a cover having
`opposing first and second panels. A gusset perimetrically
`bounds, and joins, the first and second panels. The gusset is
`formed of an open cell construction. Compliant fill material is
`disposed within the cover. Advantageously, with the subject
`invention, a pillow is provided allowing for lateral ventilation
`between opposing panels. This permits a cooling effect while
`a user is resting or sleeping.
`20 Claims, 4 Drawing Sheets
`
`10
`
`20
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`Case 2:15-cv-06759-KAM-AKT Document 1-5 Filed 11/24/15 Page 3 of 10 PageID #: 47
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`US 9,015,883 B2
`Page 2
`
`(56)
`
`References Cited
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`4,280,342 A
`7/1981 Eng et al.
`4,370,765 A
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`11/1996 Nicholson et al.
`5,642,543 A
`7/1997 Huntley
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`1/1998 Sherman
`D394,366 S 5/1998 Graebe et al.
`D396,981 S 8/1998 Laidlaw
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`8/1998 Hargest et al.
`5,806,112 A
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`1/1999 Swift, Jr.
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`1/1999 Mandavi
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`3/1999 Bashista et al.
`5,933,885 A
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`5,937,458 A
`8/1999 DeRosa
`6,012,189 A
`1/2000 Dudley
`6,019,421 A
`2/2000 Roh
`6,026,330 A
`2/2000 Chuang
`6,039,393 A
`3/2000 Roh
`6,055,690 A
`5/2000
`Koenig
`7/2000
`Green
`6,089,947 A
`D433,851 S 11/2000 Roh
`6,168,495 Bl 1/2001 Yoon
`
`6,170,101 Bl 1/2001 McCloud
`6,178,573 Bl
`1/2001 Wagner et al.
`
`6,243,895 B1 6/2001 Amin
`6,302,487 B1 10/2001 Fujita et al.
`6,315,364 B1 11/2001 Fujita et al.
`6,347,422 B2 2/2002 Heavrin
`6,421,857 B2 7/2002 Whatman et al.
`6,438,775 B1 8/2002 Koenig
`6,489,000 B1 12/2002 Ogura et al.
`6,550,083 B1 4/2003 LaMantia
`6,670,018 B2 12/2003 Fujita et al.
`6,701,555 B1 3/2004 Ermini
`6,760,935 B1 * 7/2004 Burton et al. 5/645
`6,772,457 B1 8/2004 Alaback
`6,859,962 B2 3/2005 Diak/Ghanem
`6,979,491 B2 12/2005 Yan et al.
`D517,698 S 3/2006 Savage
`7,007,325 B1 3/2006 Gomeh
`7,055,192 B2 6/2006 Waters et al.
`7,080,421 B1 * 7/2006 Delfs 5/645
`D532,640 S 11/2006 Pressler
`7,523,513 B2 4/2009 Waters et al.
`2001/0000362 Al 4/2001 Wagner et al.
`2002/0034901 Al 3/2002 Fujita et al.
`2002/0178500 Al 12/2002 Koenig
`2004/0128764 Al 7/2004 McGrath et al.
`2004/0199999 Al 10/2004 Landry
`2005/0132498 Al 6/2005 Vrionis
`2005/0177942 Al 8/2005 Finn
`2005/0217030 Al 10/2005 Seigler
`2006/0010608 Al 1/2006 DeFranks et al.
`2009/0083908 Al 4/2009 Fry
`2009/0106904 Al 4/2009 Swarts et al.
`OTHER PUBLICATIONS
`Silver used by big business to make antimicrobial clothing, http://
`www.nanobiosilverscom/applications.html (Jul. 2008).
`C. Gromer, "Smart Threads Today's Technology Driven Fabrics
`Coddle You While Battling the Elements", Popular Mechanics, pp.
`78-81 (Apr. 2004).
`* cited by examiner
`
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`U.S. Patent Apr. 28, 2015 Sheet 1 of 4 US 9,015,883 B2
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`I 0
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`FIG. I
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`U.S. Patent Apr. 28, 2015 Sheet 2 of 4 US 9,015,883 B2
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`i 0
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`FIG. 2
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`U.S. Patent Apr. 28, 2015 Sheet 3 of 4 US 9,015,883 B2
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`.""
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`6
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`...
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`...............
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`...............
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`'
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`T:tiCA 9-
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`U.S. Patent Apr. 28, 2015 Sheet 4 of 4 US 9,015,883 B2
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`1 0
`
`I24
`
`
`FIG.
`
`2_
`
`a 0 aai a0 a
`
`10 0
`q x„ a „x„
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`413 A ar
`04 at 04 0 0
`:de
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`a q
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`el. A A. A .4' h
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`h
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`eV A e. A A
`:43 ,„
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`AI
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`0e 0 0 0 0 VI
`a 0 a 0 00 a q a q a q a q a Kama a q a
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`Ot 0 0 0
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`FIG. I
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`US 9,015,883 B2
`
`1
`PILLOW WITH GUSSET OF OPEN CELL
`CONSTRUCTION
`CROSS-REFERENCE TO RELATED
`APPLICATION 5
`This application is a continuation application of U.S.
`patent application Ser. No. 14/107,665, entitled "PILLOW
`WITH GUSSET AND OPEN CELL CONSTRUCTION,"
`filed Dec. 16, 2013, which issued as U.S. Pat. No. 8,887,332,
`which is a continuation of U.S. patent application Ser. No.
`13/531,122, entitled "PILLOW WITH GUSSET AND OPEN
`CELL CONSTRUCTION," filed Jun. 22, 2008, which issued
`as U.S. Pat. No. 8,646,134 and claims priority to U.S. Provi-
`sional Patent Application No. 61/499,907 filed Jun. 22, 2011,
`the entire contents of which are incorporated by reference
`herein. The above-identified applications are incorporated
`herein by reference, in their entireties.
`BACKGROUND OF THE INVENTION
`1. Field of the Invention
`The present invention relates to upper neck and head sup-
`port in the form of a pillow for the human body.
`2. Description of the Related Art
`The use of a pillow made typically of a fabric cover stuffed
`with a compliant soft material is known in the prior art.
`Conventional pillows generally provide a soft cushion on
`which to place the head of an infant, child, or adult while
`resting or sleeping, either in bed, or on upholstered furniture
`in which case the pillows typically have a permanent fabric
`cover. Additionally, positional specific pillows have been
`heretofore devised and utilized for the purpose of supporting
`the head and neck of people.
`SUMMARY OF THE INVENTION
`A pillow is provided herein which includes a cover having
`opposing first and second panels. A gusset perimetrically
`bounds, and joins, the first and second panels. The gusset is
`formed of an open cell construction. Compliant fill material is
`disposed within the cover. Advantageously, with the subject
`invention, a pillow is provided allowing for lateral ventilation
`between opposing panels. This permits a cooling effect while
`a user is resting or sleeping.
`An "open cell construction" as used herein refers to a
`construction having overall porosity greater than the inherent
`porosity of the constituent material or inherently having high
`porosity.
`These and other features of the invention will be better
`understood through a study of the following detailed descrip-
`tion and accompanying drawings.
`BRIEF DESCRIPTION OF THE DRAWINGS
`FIG. 1 is a perspective view of a pillow formed in accor-
`dance with the subject invention;
`FIG. 2 is a partial cut-away view of the pillow of FIG. 1;
`FIGS. 3-5 depict different open cell constructions useable
`with the subject invention;
`FIG. 6 is a perspective view of a pillow formed in accor-
`dance with the subject invention have a cover with separable
`portions; and,
`FIG. 7 is a perspective view of a foam layer useable with
`the subject invention.
`DETAILED DESCRIPTION OF THE INVENTION
`With reference to the Figures, a pillow 10 is provided
`having generally a cover 12 with compliant fill material 14
`
`2
`disposed therein. The cover 12 includes opposing first and
`second panels 16, 18 and a gusset 20 which perimetrically
`bounds, and joins, the first and second panels 16, 18, the
`gusset 20 being formed of an open cell construction. The first
`and second panels 16, 18 are sized and shaped to accept a
`user's head to provide support therefor.
`The gusset 20 preferably is generally flat. In addition, it is
`preferred that the gusset 20 have sufficient width to separate
`the first panel 16 from the second panel 18 so as to define an
`air flow channel therethrough. This, thus, allows for an open
`cell construction band to be defined about the pillow 10
`between the first and second panels 16, 18. With pressure
`and/or heat applied to one or both of the first and second
`panels 16, 18, the gusset 20 provides venting therethrough of
`the interior of the cover 12. The venting may enhance the
`comfort of a user. With the first and second panels 16, 18
`preferably defining each a generally rectangular footprint
`common with the gusset 20, the gusset 20 is provided as four
`contiguous portions, including two longer longitudinal por-
`tions 22 joined by two shorter end portions 24.
`The open cell construction of the gusset 20 may be defined
`by various constructions. With reference to FIG. 3, the gusset
`20 may be defined by a plurality of interlaced or spaced-apart
`strands 26 arranged randomly or in various patterns, such as
`a "x" pattern (FIG. 1) or a rectangular pattern (FIG. 3). The
`strands 26 may be of various materials, including, e.g., poly-
`ester, and may be elastic or inelastic. The strands 26 are
`arranged so that open cells 28 are defined therebetween. The
`strands 26 may be connected at points of intersection (e.g., by
`fusion, stitching, being tied, by a fastener, and so forth) or
`may be not connected so as to permit free movement between
`contacting strands 26. If connected, it is preferred that the
`strands 26 be formed of elastic material. In addition, the
`strands 26 may be disposed in multiple layers so as to define
`a three-dimensional structure in a direction towards the inte-
`rior of the pillow 10.
`With reference to FIG. 4, the gusset 20 may be formed of a
`base material 30, which is preferably a textile, such as a
`polyester textile. Apertures 32 may be defined in the base
`material 30 with the apertures 32 defining the open cells of the
`gusset 20. The apertures 32 are larger in size than any pores
`that may be inherently defined in the base material 30. The
`apertures 32 may be formed during manufacture of the base
`material 32 or formed after manufacture, such as by cutting,
`or material removal from, the base material 30. The apertures
`32 may be unfinished or finished, such as with trim or stitch-
`ing. The base material 30 may be single or multi-ply.
`As a further variation, and with reference to FIG. 5, the
`gusset 20 may be formed with the base material 30 being
`inherently significantly porous. Preferably, the base material
`30 is formed of 3D spacer fabric, which is inherently highly
`porous. More preferably, the base material 30 is formed of
`polyester 3D spacer fabric. The pores of the base material 30
`may be formed with irregular or regular shapes, such as
`circle-like or polygon-like shapes (e.g., diamond-like
`shapes). The porosity of the base material 30 may be substan-
`tially greater than the porosity of the material forming the first
`panel 16 and/or substantially greater than the porosity of the
`material forming the second panel 18. "Substantially greater"
`refers to being at least greater than, but preferably being at
`least twice greater than. The base material 30 may be single or
`multi-ply. If multi-ply, the collective porosity of the base
`material 30, through all layers. is considered as being sub-
`stantially greater than the porosity of the material of either the
`first panel 16 or the second panel 18.
`
`10
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`15
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`20
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`25
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`30
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`4
`The gusset 20 may include one or more of the open cell second panels 16, 18. The top edges 40 may be parallel to the
`configurations described above in connection with FIGS. 3-5 longitudinal portions 22 of the gusset 20. An area 42 may be
`singularly or in any combination. defined between and be bounded by the top edge 40 and the
`The gusset 20 may be joined to the first and second panels longitudinal portion 22 on opposing sides of each of the first
`16, 18 using any conventional technique, including being 5 and second panels 16, 18. The areas 42 are preferably flat and
`sewn together. To provide the pillow 10 with a robust con- coplanar with the corresponding top edge 40 and longitudinal
`struction, it is preferred that piping 34, or other reinforcing portion 22.
`material and/or stitching, be provided at the points of connec- The first and second panels 16, 18 each preferably include
`tion between the gusset 20 and each of the first and second bottom edges 44, each extending along the bottom of one of
`panels 16, 18.
`10 the areas 42, and end edges 46. The bottom edges 44 extend
`One or more labels 36 may be provided with the pillow 10 between the end edges 46 so as to define a generally rectan-
`to indicate the intended use of the pillow 10, and/or to provide gular profile. The gusset 20 is preferably attached to the first
`additional or explanatory information regarding the pillow and second panels 16, 18 along the rectangular profiles of the
`10. For example, with reference to FIG. 1, the label 36 may be bottom edges 44/end edges 46 of the first and second panels
`in the form of banner 36A which may be a strip of textile, e.g., 15 16, 18.
`satin, having indicia 38 thereon, e.g. by embroidery, with the The present invention provides the correct alignment to
`banner 36A being secured to a portion of the pillow 10. head and neck area for the specific position of the user (back,
`Preferably, the banner 36A with the indicia 38 thereon is stomach or side) while at the same time creating an environ-
`located over a portion of the gusset 20. The banner 36A is ment of cooling and airflow, which allows the sleeper to
`preferably attached along one of its faces so as to have one 20 maintain their body temperature, and spine alignment, which
`face 37 exposed with the indicia 38 thereon. This allows for encourages a normal sleep cycle.
`easy visual recognition of information related to the pillow To enhance the cooling effect, it is preferred that an inner
`10, such as an intended purpose of the pillow, even with a cover 48 be provided, located inside the cover 12, in which the
`plurality of the pillows 10 being stacked. The label 36 may be fill material 14 is disposed. Preferably, the inner cover 48 is
`also in the form of tag 36B which may be in the form of one 25 relatively resistant to air flow therethrough, such as being
`or more individual pieces of sheet material (e.g., paper and/or formed by one or more layers of non-woven material (e.g.,
`textile) which is affixed to the pillow 10 in any known tech- 100% polyester). The inner cover 48 may be formed of span-
`nique, such as by sewing, gluing, mechanically fastening, and dex or a spandex blend, such as polyester/spandex; although
`so forth. The tag 36B may include printed, or otherwise less resistance to air flow therethrough is provided by spandex
`provided thereon, information, such as care and/or allergy 30 or a spandex blend as compared to non-woven material, the
`information. The tag 36B may be secured at a seam in the spandex or spandex blend provides greater elasticity than the
`cover 12, such as along the connection between one of the first non-woven material which may provide greater comfort to a
`and second panels 16, 18 and the gusset 20. The tag 36B is user. The inner cover 48 acts as a barrier against air flow into
`preferably attached along one of its edges so as to have both the fill material 14. With the gusset 20 being of open cell
`faces viewable.
`35 construction, air exchange about the inner cover 48 is permit-
`The indicia 38, without the banner 36A, may be directly ted. This allows for heat dissipation and minimal heat collec-
`affixed to the pillow 10, such as by embroidery, printing or tion within the pillow 10. In addition, because the inner cover
`other marking. For example, the indicia 38 may be directly 48 acts as an air barrier during use, heat transfer by air flow
`affixed to the gusset 20, such as by embroidery. With direct into the fill material 14 may be reduced.
`application of the indicia 38 to the gusset 20, the ability to 40 The first panel 14 and/or the second panel 18 may be
`pass air through the gusset 20 is minimally impacted. formed of various materials particularly various textiles. Pref-
`Different fill materials 14 are possible for the pillow 10. erably, the first panel 14 and/or the second pane118 is formed
`The fill material may be blends of hypoallergenic polyester of a moisture-wicking fabric, such as 100% polyester fabric,
`fibers to achieve different levels of support versus softness as rayon, nylon, or spandex-blend fabric for increased perfor-
`described above. For example, with the pillow 10 being 45 mance and stretch-ability, which allows for moisture disper-
`intended for a stomach sleeping position, the pillow 10 may sion and, thus, heat management to cool the head and body. A
`be provided with a fill of microfiber; with the pillow 10 being cooling material, such as a gel, may be applied interiorly to
`intended for a back sleeping position, the pillow 10 may be the front panel 14 and/or the second panel 18. The cooling
`provided with a fill of a blend of conjugate and hollow slick material may be silicon or polyether gel formed into layers
`fiber; and, with the pillow 10 being intended for a side sleep- so and applied shapes, as well as, formed ceramics, neoprene
`ing position, the pillow 10 may be provided with a fill of and other material technology as developed and available for
`cluster/ball fiber. As will be appreciated by those skilled in the use to perform heat transfer and temperature regulation func-
`art, other fills are possible. Various down, memory foam tion. Depending on the nature and stability of the cooling
`(solid layer(s) and/or clusters) and/or latex (solid layer(s) material, the cooling material may be applied internally and/
`and/or springs), in varying combinations, may be utilized 55 or externally to the front panel 14 and/or the second panel 18.
`with the pillow 10 herein. The indicia 38 may be provided to In an alternative embodiment, the first panel 14 and/or the
`indicate the intended sleep position of the pillow 10 based on second panel 18 may be partially or wholly formed with open
`the fill material therein.
`cell construction. Any of the open cell constructions dis-
`The pillow 10 may be of various configurations. In a pre- cussed above may be utilized. The first panel 14, the second
`ferred embodiment, the pillow 10 is provided with increased 60 panel 18 and/or the gusset 20 may use the same or different
`height at central portions, as shown in FIGS. 1 and 2. The fill open cell configurations in various combinations. The first
`material 14 is configured to provide the desired shape. More panel 14, the second panel 18 and/or the gusset 20 may be
`preferably, the first and second panels 16, 18 may be arcuately provided with different visual appearances (e.g., different
`bowed-out in opposing directions (e.g., being convexly arc- colors, patterns, etc.) in various combinations.
`shaped in opposing directions). Preferably, top edges 40 of 65 To allow for washing of the cover 12, the cover 12 may be
`the first and second panels 16, 18 are generally straight and formed by at least two partially or wholly separable portions
`parallel as viewed in a direction perpendicular to the first and 12A, 12B, as shown in FIG. 6. By separating the separable
`
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`portions 12A, 12B, the cover 12 may be removed from the fill
`material 14, and the inner cover 48, if used. Preferably, the
`cover 12 is separated along at least one of the longitudinal
`portions 22 of the gusset 20 and possibly along portions of
`one or both of the end portions 24 and/or along the other of the
`longitudinal portions 22. One or more fasteners 50 may be
`provided to selectively join the separable portions 12A, 12B.
`The fastener(s) 50 is preferably a zipper, but may also include
`buttons, snaps, hook-and-pile fasteners, and so forth.
`With the inner cover 48 being used, it is preferred that all of
`the fill material 14 be located therein. In an alternative
`embodiment, as shown in FIG. 6, a portion of the fill material
`14 may be located outside of the inner cover 48 within the
`cover 12. If a portion of the fill material 14 is located outside
`of the inner cover 48, it is preferred that the fill material 14
`include one or more solid foam layers 52 located between the
`cover 12 and the inner cover 48. In a preferred arrangement,
`the same number of similarly configured (shape, material)
`solid foam layers 52 are located on both sides of the inner
`cover 48. As shown in FIG. 7, the solid foam layers 52 may be
`shaped to impart overall shape to the pillow 10. Preferably,
`the solid foam layers 52 have an arcuate profile to impart an
`outwardly-bowed shape to the first and second panels 16, 18.
`What is claimed is:
`1. A pillow comprising:
`a first panel having an edge defining a perimeter;
`a second panel having an edge defining a perimeter; and
`a gusset joining said first and second panels,
`wherein inner surfaces of said first panel, said second panel
`and said gusset define an inner cavity; and
`said pillow is configured to have air enter the cavity
`through pores in the first and second panels and have the
`air exit the cavity through pores in the gusset.
`2. A pillow as recited in claim 1, wherein:
`a first end of said gusset engages said edge of said first
`panel such that said gusset extends continuously about
`an entire portion of the perimeter of the first panel; and
`a second end of said gusset opposite said first end engages
`said edge of said second panel such that said gusset
`extends continuously about an entire portion of the
`perimeter of the second panel.
`3. A pillow as recited in claim 1, wherein said gusset
`perimetrically bounds said first and second panels.
`4. A pillow as recited in claim 1, wherein said gusset is
`formed of an open cell construction.
`5. A pillow as recited in claim 1, wherein said first and
`second panels each define a generally rectangular footprint
`common with said gusset.
`6. A pillow as recited in claim 1, wherein said first and
`second panels are arcuately bowed out in opposing directions.
`
`10
`
`6
`7. A pillow as recited in claim 1, wherein said first panel is
`formed with a moisture dispersing material.
`8. A pillow as recited in claim 1, wherein said first panel,
`said second panel and said gusset define a cover, said pillow
`5 further comprising a fill material disposed within said cover.
`9. A pillow as recited in claim 8, wherein said cover is
`formed by at least two partially or wholly separable portions,
`with said separable portions being selectively joinable by a
`fastening means.
`10. A pillow as recited in claim 8, wherein said fill material
`comprises a compliant material.
`11. A pillow as recited in claim 10, wherein said compliant
`fill material includes first and second solid foam layers
`15 located on opposing sides of said inner cover within said
`cover.
`12. A pillow as recited in claim 8, wherein said fill material
`comprises a gel.
`13. A pillow as recited in claim 8, further comprising an
`20 inner cover disposed inside of said cover, at least a portion of
`said fill material being disposed within said inner cover.
`14. A pillow as recited in claim 1, wherein said gusset is
`formed of an open cell construction and a base material, and
`said open cell construction is formed by porosity of said base
`25 material being substantially greater than porosity of material
`forming said first panel and substantially greater than poros-
`ity of material forming said second panel.
`15. A pillow as recited in claim 1, wherein said gusset is
`formed of an open cell construction and a base material, and
`30 said open cell construction is formed by porosity of said base
`material being substantially greater than porosity of material
`forming said first panel and substantially greater than poros-
`ity of material forming said second panel.
`16. A pillow as recited in claim 1, wherein said gusset
`35 comprises indicia relating to an intended use of said pillow.
`17. A pillow as recited in claim 1, wherein at least one of
`said first panel and said second panel comprise a material
`selected from a group consisting of: a 100% polyester fabric,
`rayon, nylon, or a spandex-blend fabric.
`18. A pillow as recited in claim 1, wherein said gusset is
`40 formed of an open cell construction, said open cell construc-
`tion being formed by strands defining a mesh configuration.
`19. A pillow as recited in claim 1, wherein said gusset
`comprises two longer longitudinal portions joined by two
`45 shorter end portions, the longitudinal portions being contigu-
`ous with the end portions.
`20. A pillow as recited in claim 1, wherein said inner cavity
`is filled with a fill material configured to facilitate support of
`said pillow in a specific position of sleep.
`
`IPR2017-00351
`Fredman EX1047 Page 9