Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Response to Amendment
The amendment filed on 10/24 has been entered. Claims 1, 4-5 and 7-28 are now pending in the application. Claims 1, 15 and 26-27 have been amended, and claim 2 has been canceled by the Applicant. Claims 15-25 were previously withdrawn.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 210, 200, 214, acknowledgement is made of applicant’s claim for priority based on application National Stage entry of PCT/US2019/058327, International Filing Date: 10/28/2019, that claims priority from Provisional Application 62783340, filed 12/21/2018.
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Drawings
The applicant’s drawings submitted 06/21/2021 together with replacement drawings submitted on 09/04/2024 are acceptable for examination purposes.
Claim Objections
Claim 4 is objected to because of the following informalities: Claim 4 is objected because it depends on canceled claim 3. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 4-5, 7-9, 11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Funamoto et al. (hereafter Funamoto of record, where attached English language machine translation is referenced) JP2014155591 (A).
In regard to independent claim 1, Funamoto teaches (see Figs. 1-16) an adjustable eyewear strap (i.e. belt length adjustment mechanism A of head-mounted device (1,2), e.g. goggles as a face mount having a belt length adjusting mechanism, see Abstract, e.g. paragraphs [01,11-26,29-39]), comprising:
a strap body (i.e. belt 2, exterior member 3 having flat cylindrical/tubular shape, paragraphs [12-22, 30-33, 44], Figs. 1-12) having a first end configured to attach to a first portion of an eyewear and a second end configured to attach to a second portion of the eyewear (e.g. each end of 2 i.e. end 2a, 2b is connected to lens frame 1, e.g. paragraphs [12-22, 30-35, 43], Figs. 1-12), the strap body configured to form a loop configured to encircle a head of a user with the eyewear when the strap body is attached to the eyewear (belts 2,3 attached to both ends of lens frame 1 for wearing the goggles around the user's/wearer’s head, e.g. paragraphs [12,29-33, 44], Figs. 1-2);
an adjustment cord (i.e. adjustment wire 4, paragraphs [12-24, 30,33-36, 39-42, 45-49], Figs. 1-12) connected to the strap body (i.e. as 4 is connected to 2,3 at end parts of 2 (2a,2b) and inside 3, and connected to pulley 8 of operating member 5 that is on 3, e.g. paragraphs [12-23, 31-36, 39-42, 45-49]) at a portion of the adjustment cord that is positioned on the strap body and that cannot move with respect to the strap body (i.e. as at least 4 is connected at portion 4b to the belt 2,3 e.g. at 2b as depicted in Figs. 4, 5, 7, 10, 12 or directly to 3 Fig. 8, e.g. paragraphs [12-24, 30,34-36, 39-42, 46-49], and cannot move with respect to 2 and 3, as clearly depicted in Figs. 4, 5, 7, 8, 10, 12); and
a cord lock (operation member 5, through hole 6, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49], Figs. 4, 5, 7, 8, 10, 12) configured to releasably engage the adjustment cord as it passes through a cord lock opening to an exterior of the cord lock (i.e. through hole 6 opening(s) of 5, where operation member 5 that releasably engages 4 as it passes through openings of 5,6, to exterior of 5,6, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49], as depicted in Figs. 4, 5, 7, 8, 10, 12),
the cord lock opening comprises a cord passage and a cord lock passage interconnected with the cord passage (i.e. as openings of 6,5, 5a and openings/passage on pulley 8 of rachet mechanism 10, that are interconnected as wire 4 passed through them, as best depicted in Fig. 6, paragraphs [24, 36]), the cord passage being configured to allow the adjustment cord to move with respect to the cord lock (i.e. through hole 6, passage on 5 body 5a, allowing wire 4 to move with respect to 5,6, as depicted in Fig. 6, paragraphs [12, 18, 23-25, 30-36, 38-49]), and the cord lock passage configured to prevent movement of the adjustment cord with respect to the cord lock (i.e. as openings/passage on pulley 8 with rachet mechanism 10 when locked, i.e. as circular ratchet teeth 10a and the jaws 10b so as not to rotate the pulley 8, prevent movement of 4 with respect to 5,6, releasably engage wire 4, paragraphs [24, 36], Fig. 6), and
wherein a portion of the adjustment cord located before the adjustment cord enters the cord lock is substantially parallel to the strap body (i.e. as at least portion of 4 before 5 enters operation member 5 being substantially parallel to 2,3 as they are substantially straight lines as depicted Figs. 4, 5, 7, 8, 10, 12, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49]), and
wherein the adjustment cord (4) can be adjusted between at least:
a first position that results in a first length of the strap body (i.e. as 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into first position e.g. Figs. 4a, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49), and
a second position that results in a second length of the strap body, wherein the second length is less than the first length (i.e. as 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into second position where the length of 2,3 is shorter, as depicted in e.g. Figs. 4b, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49]).
Regarding claim 4, Funamoto teaches (see Figs. 1-12) that the cord passage is formed with a bend, wherein the bend in the cord passage (bend part of 6, 5a passage) is configured to turn the adjustment cord such that an exit path of the adjustment cord from the cord lock is perpendicular to an entry path of the adjustment cord into the cord lock (i.e. as e.g. bend part of 5a passage perpendicularly turns wire 4 from entry path of 4 at 5a to exit path of 4 on 5a side where 4 is tangentially wound onto pulley 8, as depicted in Figs. 4, 8, 10, 12, e.g. paragraphs [34, 36]).
Regarding claim 5, Funamoto teaches (see Figs. 1-12) further comprising:
a second adjustment cord connected to the strap body (i.e. as the second wire 4 where there are two (or more ) wires 4, as depicted in Figs. 5, 7-8, 10-12, see paragraphs [35-40, 42-46]); and
a second cord lock configured to releasably engage the second adjustment cord as it passes through the second cord lock (i.e. additional through hole 6, parts of operation member 5 (or separate additional 5, Fig. 11-12) that releasably engages second/additional wire(s) 4 as it passes through, as depicted in Figs. 5, 7-8, 10-12, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49]), comprising:
a second cord passage configured to allow the second adjustment cord to pass through the second cord lock (i.e. additional through hole 6, additional passage on body 5a, as depicted in Fig. 6, paragraphs [12, 18, 23-25, 30-36, 38-49], as depicted in Figs. 5, 7-8, 10-12); and
a second cord lock passage configured to releasably engage the adjustment cord to prevent movement of the adjustment cord through the second cord lock (i.e. as rachet mechanism 10 with pulley 8 and inside 5a parts that releasably engage additional wire(s) 4, paragraphs [24, 36], see e.g. details of Fig. 6, applied to Figs. 5, 7, 8, 10-12]),
wherein the second cord lock passage (10, 8, 5a inside for additional wire(s) 4) is interconnected with the second cord passage (6, 5a passage for additional 4 wire(s)) such that the second adjustment cord (additional wire(s) 4) is configured to move between the second cord passage and the second cord lock passage (i.e. as additional wire(s) 4 moves between 6, 5a passage and 10, 8 for that additional wire 4 for adjusting wire 4, as depicted in Fig. 6, 4-5, e.g. paragraphs [18, 23-25, 30-36, 38-49]), and
wherein the second adjustment cord (additional wire(s) 4) may be adjusted between at least:
a first position that results in a first length of the strap body (i.e. as the additional wire(s) 4 also pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into first position corresponding to e.g. Figs. 4a, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49), and
a second position that results in a second length of the strap body, wherein the second length is less than the first length (i.e. as the additional wire(s) 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into second position where the length of 2,3 is shorter, as depicted in corresponding Fig. 4b, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49]).
Regarding claim 7, Funamoto teaches (see Figs. 1-12) that the cord lock is attached to the strap body (as 5,6 is attached to 3 of 2,3, depicted in Figs. 1-2, 4-5, 7, 8, 10, 12, see e.g. paragraphs [12, 18, 23-25, 30-36, 38-49]).
Regarding claim 8, Funamoto teaches (see Figs. 1-12) that the cord lock (5,6) is configured to pass the adjustment cord from an interior side of the strap body to an exterior side of the strap body (i.e. as e.g. 6 passes 4 from interior of 2,3 to exterior, depicted in Figs. 1-2, 4-5, 7, 8, 10, 12, see e.g. paragraphs [12, 18, 23-25, 30-36, 38-49]).
Regarding claim 9, Funamoto teaches (see Figs. 1-12) that an end portion of the adjustment cord that is disposed on the exterior side comprises a grasping member configured to be grasped by a user (i.e. as end part of 4 on the exterior side includes knob 9 configured to be grasped by the user/wearer, see paragraphs [23-26, 30, 36, 47,49]).
Regarding claim 11, Funamoto teaches (see Figs. 1-12) an eyewear assembly (head-mounted device (1,2), e.g. ski/swimming goggles, paragraphs [01, 29], Fig. 1), comprising:
an eyewear (lens frame 1, e.g. paragraphs [01,11-26,29-39]); and
the adjustable eyewear strap of claim 1 (i.e. belt length adjustment mechanism A of head-mounted device (1,2), e.g. of the ski goggle as a face mount having a belt length adjusting mechanism, see Abstract, e.g. paragraphs [01,11-26,29-39]).
Regarding claim 13, Funamoto teaches (see Figs. 1-12) that a first end of the eyewear strap is attached to a first portion of the eyewear and a second end of the eyewear strap is attached to a second portion of the eyewear (i.e. as strap 2,3 with end portions of 2a and 2b that are attached to 1, or as two members 3 are attached to each side of 1, as depicted in Figs. 1-2, 11-12, paragraphs [29-30, 43-46]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 12 is rejected under 35 U.S.C. 103 as obvious over Funamoto et al. (hereafter Funamoto of record, where attached English language machine translation is referenced) JP2014155591 (A)
Regarding claim 12, Funamoto teaches (see Figs. 1-12) that the eyewear comprises a lens (lens frame 1 includes a lens, e.g. paragraphs [29-39, 43-46]), and the cord lock is positioned near the lens (i.e. as wires 4 are wound in and unwound from the main body 5a at two points on each of the opposing sides of each operating member 5 installed near the connecting end of the lens frame 1 on the front side of each of the two exterior members 3, as depicted in Figs. 11-12, paragraphs [45-46]).
Funamoto thus discloses the claimed invention except for the cord lock is positioned on the lens. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to position the operating member 5 at least in part on the lens of lens holder in order to bring the operating member 5 closer to the wearer’s face as the belt length adjustment mechanism of the face mounting device of this invention makes it easy to adjust the belt length when the face mounting device is attached to the face (see paragraphs 48-49]), and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70 C.C.P.A. 1950).
Claims 14 and 26 are rejected under 35 U.S.C. 103 as obvious over Funamoto et al. (hereafter Funamoto of record, where attached English language machine translation is referenced) JP2014155591 (A) in view of Lee KR 100246552 B1 (of record, where attached English language machine translation is referenced).
Regarding claim 14, Funamoto teaches (see Figs. 1-12) that the adjustment cord (as adjustment wire 4, paragraphs [12-24, 30,33-36, 39-42, 45-49], Figs. 1-12) but is silent that it comprises a scale configured to indicate a length of the adjustment cord.
However, However, Lee teaches in the same field of invention of water glass (googles) having one-touch buckle for controlling band (see Figs. 3-7, Title, Abstract, Tech-Solution pages 3-5, Advantageous effects page 6) and teaches that the adjustment cord is free from the strap body after exiting the cord lock (as adjustment band 15 with ridges 15a is free, i.e. with free end, after it exits the band connection body/lid 19, 19a, pages 3-5, Figs. 3-4, providing the goggle wearer wears the elastic band loosely and pulls end(s) of the band from behind the head until the goggles are properly squeezed around the eyes, and also fix the band firmly and automatically using only one hand. e.g. see pages 5-6), and Lee further teaches that the adjustment wire 4 with adjustment band 15 with ridges 15a (see Lee, pages 3-5, Figs. 3-4) the adjustment cord can include plurality of ridges 15a are formed on the surfaces of the predetermined length portions of 15, serving as scale as indicating length of 15 passing the cord lock/band connection (see Figs. 3-4, page 5). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the belt length adjustment mechanism of head-mounted device i.e. googles with adjustment wire of Funamoto to include free end with regularly spaced ridges 15 in order to fix the band firmly and automatically using only one hand. (see Lee pages 5-6).
In regard to independent claim 26, Funamoto teaches (see Figs. 1-12) an adjustable eyewear strap (i.e. belt length adjustment mechanism A of head-mounted device (1,2), e.g. ski goggle as a face mount having a belt length adjusting mechanism, see Abstract, e.g. paragraphs [01,11-26,29-39]), comprising:
a strap body (i.e. belt 2, exterior member 3 having flat cylindrical/tubular shape, paragraphs [12-22, 30-33, 44], Figs. 1-12) having a first end configured to attach to a first portion of an eyewear and a second end configured to attach to a second portion of the eyewear (e.g. each end of 2 i.e. end 2a, 2b is connected to lens frame 1, e.g. paragraphs [12-22, 30-35, 43], Figs. 1-12), the strap body configured to form a loop configured to encircle a head of a user with the eyewear when the strap body is attached to the eyewear (belts 2,3 attached to both ends of lens frame 1 for wearing the goggles around the user's/wearer’s head, e.g. paragraphs [12,29-33, 44], Figs. 1-2);
an adjustment cord (i.e. adjustment wire 4, paragraphs [12-24, 30,33-36, 39-42, 45-49], Figs. 1-12) connected to the strap body (i.e. as 4 is connected to 2,3 at end parts of 2 (2a,2b) and inside 3, and connected to pulley 8 of operating member 5 that is on 3, e.g. paragraphs [12-23, 31-36, 39-42, 45-49]); and
a cord lock configured to releasably engage the adjustment cord as it passes through the cord lock (i.e. through hole 6, operation member 5 that releasably engages 4 as it passes through, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49]), and
wherein the adjustment cord (4) can be adjusted between at least:
a first position that results in a first length of the strap body (i.e. as 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into first position e.g. Figs. 4a, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49), and
a second position that results in a second length of the strap body, wherein the second length is less than the first length (i.e. as 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into second position where the length of 2,3 is shorter, as depicted in e.g. Figs. 4b, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49]);
a second adjustment cord connected to the strap body (i.e. as the second wire 4 where there are two (or more ) wires 4, as depicted in Figs. 5, 7-8, 10-12, see paragraphs [35-40, 42-46]); and
a second cord lock configured to releasably engage the second adjustment cord as it passes through the second cord lock (i.e. additional through hole 6, parts of operation member 5 (or separate additional 5, Fig. 11-12) that releasably engages second/additional wire(s) 4 as it passes through, as depicted in Figs. 5, 7-8, 10-12, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49]), comprising:
a second cord passage configured to allow the second adjustment cord to pass through the second cord lock (i.e. additional through hole 6, additional passage on body 5a, as depicted in Fig. 6, paragraphs [12, 18, 23-25, 30-36, 38-49], as depicted in Figs. 5, 7-8, 10-12); and
a second cord lock passage configured to releasably engage the adjustment cord to prevent movement of the adjustment cord through the second cord lock (i.e. as rachet mechanism 10 with pulley 8 and inside 5a parts that releasably engage additional wire(s) 4, paragraphs [24, 36], see e.g. details of Fig. 6, applied to Figs. 5, 7, 8, 10-12])
wherein the second cord lock passage (10, 8, 5a inside for additional wire(s) 4) is interconnected with the second cord passage (6, 5a passage for additional 4 wire(s)) such that the second adjustment cord (additional wire(s) 4) is configured to move between the second cord passage and the second cord lock passage (i.e. as additional wire(s) 4 moves between 6, 5a passage and 10, 8 for that additional wire 4 for adjusting wire 4, as depicted in Fig. 6, 4-5, e.g. paragraphs [18, 23-25, 30-36, 38-49]),
wherein the adjustment cord exits the cord lock to an exterior of the adjustable eyewear strap after it passes through the cord lock (i.e. due to belt adjustment(s) as wire 4 after passed through 5.5a then exits operational member 5,5a to the exterior of the adjustable belt before entering hole 6, see details in Fig. 6, e.g. paragraphs [, 23-25, 30-36, 38-49]), and
wherein the second adjustment cord (additional wire(s) 4) may be adjusted between at least:
a first position that results in a first length of the strap body (i.e. as the additional wire(s) 4 also pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into first position corresponding to e.g. Figs. 4a, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49), and
a second position that results in a second length of the strap body, wherein the second length is less than the first length (i.e. as the additional wire(s) 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into second position where the length of 2,3 is shorter, as depicted in corresponding Fig. 4b, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49]).
But Funamoto is silent that adjustment cord is free from the strap body after exiting the cord lock (as the belt adjustment, wire 4 after passed through 5.5a then exits operational member 5,5a to the exterior but is not show as free after exiting 5,5a, see details in Fig. 3-4, 6, e.g. paragraphs [23-25, 30-36, 38-49]).
However, Lee teaches in the same field of invention of water glass (googles) having one-touch buckle for controlling band (see Figs. 3-7, Title, Abstract, Tech-Solution pages 3-5, Advantageous effects page 6) and further teaches that the adjustment cord is free from the strap body after exiting the cord lock (as adjustment band 15 with ridges 15a is free, i.e. with free end, after it exits the band connection body/lid 19, 19a, pages 3-5, Figs. 3-4, providing the goggle wearer wears the elastic band loosely and pulls end(s) of the band from behind the head until the goggles are properly squeezed around the eyes, and also fix the band firmly and automatically using only one hand. e.g. see pages 5-6).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the belt length adjustment mechanism of head-mounted device i.e. googles with adjustment wire of Funamoto to include free end after it exits cord lock i.e. band connection body/lid according to teachings of Lee in order to provide the goggle wearer that wears the elastic band loosely and can pull end(s) of the band from behind the head until the goggles are properly squeezed around the eyes, and also fix the band firmly and automatically using only one hand. (see Lee pages 5-6).
Claim Rejections - 35 USC § 102
Claim Rejections - 35 USC § 103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 27 is rejected under 35 U.S.C. 102(a)(1) as anticipated by Funamoto et al. (hereafter Funamoto of record, where attached English language machine translation is referenced) JP2014155591 (A)or, in the alternative, under 35 U.S.C. 103 as obvious over Funamoto et al. (hereafter Funamoto of record, where attached English language machine translation is referenced) JP2014155591 (A) in view of Lee KR 100246552 B1 (of record, where attached English language machine translation is referenced).
In regard to independent claim 27, Funamoto teaches (see Figs. 1-16) an adjustable eyewear strap (i.e. belt length adjustment mechanism A of head-mounted device (1,2), e.g. goggles as a face mount having a belt length adjusting mechanism, see Abstract, e.g. paragraphs [01,11-26,29-39]), comprising:
a strap body (i.e. belt 2, exterior member 3 having flat cylindrical/tubular shape, paragraphs [12-22, 30-33, 44], Figs. 1-12) having a first end configured to attach to a first portion of an eyewear and a second end configured to attach to a second portion of the eyewear (e.g. each end of 2 i.e. end 2a, 2b is connected to lens frame 1, e.g. paragraphs [12-22, 30-35, 43], Figs. 1-12), the strap body configured to form a loop configured to encircle a head of a user with the eyewear when the strap body is attached to the eyewear (belts 2,3 attached to both ends of lens frame 1 for wearing the goggles around the user's/wearer’s head, e.g. paragraphs [12,29-33, 44], Figs. 1-2);
an adjustment cord (i.e. adjustment wire 4, paragraphs [12-24, 30,33-36, 39-42, 45-49], Figs. 1-12) connected to the strap body (i.e. as 4 is connected to 2,3 at end parts of 2 (2a,2b) and inside 3, and connected to pulley 8 of operating member 5 that is on 3, e.g. paragraphs [12-23, 31-36, 39-42, 45-49]) at a portion of the adjustment cord that is positioned on the strap body and that cannot move with respect to the strap body (i.e. as at least 4 is connected at portion 4b to the belt 2,3 e.g. at 2b as depicted in Figs. 4, 5, 7, 10, 12 or directly to 3 Fig. 8, e.g. paragraphs [12-24, 30,34-36, 39-42, 46-49], and cannot move with respect to 2 and 3, as clearly depicted in Figs. 4, 5, 7, 8, 10, 12); and
a cord lock configured to releasably engage the adjustment cord as it passes through the cord lock (i.e. through hole 6, operation member 5 that releasably engages 4 as it passes through, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49]),
wherein the cord lock comprises a cord passage configured to allow the adjustment cord to pass through the cord lock (i.e. through hole 6, passage on 5 body 5a, as depicted in Fig. 6, paragraphs [12, 18, 23-25, 30-36, 38-49]),
the cord passage (6, 5a passage) is formed with a bend that turns the adjustment cord as it passes through the cord lock to the cord lock passage (i.e. as 6 and 5a passage are shaped with a bend that bends the wire 4 as it passes 5,6, as depicted in Fig. 6, 4-5, e.g. paragraphs [18, 23-25, 30-36, 38-49]), and
wherein a portion of the adjustment cord located before the adjustment cord enters the cord lock is substantially parallel to the strap body (i.e. as at least portion of 4 before 5 enters operation member 5 being substantially parallel to 2,3 as they are substantially straight lines as depicted Figs. 4, 5, 7, 8, 10, 12, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49]),
wherein a portion of the adjustment cord located after the adjustment cord exits the cord lock is substantially perpendicular to the strap body (i.e. due to belt adjustment(s) as wire 4 after passed through 5.5a then exits operational member 5,5a to the exterior of the adjustable belt and has portion e.g. 4a substantially perpendicular to 2,3, see details in Fig. 3a,b, 6, 9, 11, e.g. paragraphs [23-25, 30-36, 38-49]), and
wherein the adjustment cord (4) is configured to be grasped by a user after it exits the cord body to allow a user to move the cord with respect to the cord lock (i.e. as due to belt adjustment(s) as wire 4 after passed through 5.5a then exits operational member 5,5a to the exterior of the adjustable belt and having a portion accessible to be grasped by user/wearer and moved with respect to 5,5a, see details in Fig. 6, e.g. paragraphs [23-25, 30-36, 38-49]) between at least:
a first position that results in a first length of the strap body (i.e. as 4 can be grasped by wearer, and 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into first position e.g. Figs. 4a, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49), and
a second position that results in a second length of the strap body, wherein the second length is less than the first length (i.e. as 4 can be grasped by wearer and 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into second position where the length of 2,3 is shorter, as depicted in e.g. Figs. 4b, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49], note that the above limitations are of actual intended use by the user and are treated to the extent of the required structures, as it is held that A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Because the prior art device meets all the structural limitations of the claimed apparatus it therefore also meets the limitation regarding grasping of the adjustment cord by the user. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) (The preamble of claim 1 recited that the apparatus was “for mixing flowing developer material” and the body of the claim recited “means for mixing ..., said mixing means being stationary and completely submerged in the developer material”. The claim was rejected over a reference which taught all the structural limitations of the claim for the intended use of mixing flowing developer. However, the mixer was only partially submerged in the developer material. The Board held that the amount of submersion is immaterial to the structure of the mixer and thus the claim was properly rejected.). See MPEP § 2114.).
In the alternative (and in the interest of compact prosecution) that the adjustment cord (4) of Funamoto cannot be or easily grasped by the user after it exits the cord body to allow a user to move the cord with respect to the cord lock (e.g. due to relative size of exposed section of adjustment wire 4 or finger sizes of the wearer, the above limitation is obvious over Lee.
Lee teaches in the same field of invention of water glass (googles) having one-touch buckle for controlling band (see Figs. 3-7, Title, Abstract, Tech-Solution pages 3-5, Advantageous effects page 6) and further teaches that the adjustment is configured to be grasped by a user after it exits the cord body to allow a user to move the cord with respect to the cord lock (as adjustment band 15 with ridges 15a is free, i.e. with free end and configured to be grasped by the wearer after it exits the connection body 19,19a to allow the wearer to move the cord with respect to the band connection body/lid 19, 19a, pages 3-5, Figs. 3-4, thus providing the goggle wearer to wear the elastic band loosely and pulls end of the band from behind the head until the goggles are properly squeezed around the eyes, and also fix the band firmly and automatically using only one hand. e.g. see pages 5-6).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the belt length adjustment mechanism of head-mounted device i.e. googles with adjustment wire of Funamoto to include free portion configured to be grasped by the wearer after it exits cord lock i.e. band connection body/lid according to teachings of Lee in order to provide the goggle wearer that wears the elastic band loosely to pull end of the band from behind the head until the goggles are properly squeezed around the eyes, and fix the band firmly and automatically using only one hand. (see Lee pages 5-6).
Claim 10 is rejected under 35 U.S.C. 103 as obvious over Funamoto et al. (hereafter Funamoto of record, where attached English language machine translation is referenced) JP2014155591 (A) and further in view of Abreu (of record) US 20080143954 A1.
Claim 28 is rejected under 35 U.S.C. 103 as obvious over Funamoto et al. (hereafter Funamoto of record, where attached English language machine translation is referenced) JP2014155591 (A) in view of Lee KR 100246552 B1 (of record, where attached English language machine translation is referenced), and further in view of Abreu (of record) US 20080143954 A1.
Regarding claims 10 and 28, Funamoto teaches (see Figs. 1-12) further comprising: a first end of the adjustment cord (i.e. as free end of adjustment wire 4, as modified with free end of 15 by Lee, in Fig. 3-4, 6, e.g. paragraphs [23-25, 30-36, 38-49], Lee Figs. 3-4, pages 4-5), but is silent comprising a retainer positioned at a first end of the adjustment cord (4)); and a receiver attached to the strap body (belt 2, 3 exterior member), and that the retainer is configured to releasably attach to the receiver.
However, Abreu teaches in the same field of invention of Detachable wearable electronic eyeglasses and head mounted gear with a plurality of electronic functions and interchangeable electronic function (e.g. 1, 6-9, 33-37, Title, Abstract, paragraphs [2, 22-27, 334-336]) and further teaches a retainer positioned at the first end of the adjustment cord (e.g. end of coiled cord 1679 with plate 1681 having Velcro surface or adhesive tape, for being removably attached, i.e. to area 1683 of package on pocket 1669 of eyewear storage cord 1647, paragraphs [335], Fig. 34L) and a receiver attached to the strap body wherein the retainer is configured to releasably attach to the receiver (i.e. as receiving area 1683 for end 1681 of package on pocket 1669 of eyewear storage cord 1647, having attaching as Velcro surface or adhesive tape, see paragraphs [335], Fig. 34L protecting sleeve 30, col.4 lines 9-59, Figs. 34L providing that the coil cord end with plate 1681 is removably attached to area 1683 of electronic package/sleeve 1679 of eyewear storage cord 1647, see paragraphs [335], Fig. 34L).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the end of adjustment cord (modified adjustment wire/band 4, 15) and the belt (2, 3) of Funamoto to include removable attachment means such as Velcro surface or adhesive tape that are on cord end part and receiving area of package sleeve of eyewear storage cord according to teachings of Abreu in order to provide that the coil cord end part is removably attached to area of package/sleeve 1679 of eyewear storage cord (see Abreu, paragraphs [335]).
Response to Arguments
Applicant's arguments filed in the Remarks dated 10/24/2025 have been fully considered but are moot because the new ground of rejection does not rely on same combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues on page 11 of the Remarks that the cited prior art of Funamoto does not disclose the new amended limitations of claim 1, namely, that (1) “a cord lock configured to releasably engage the adjustment cord as it passes through a cord lock opening to an exterior of the cord lock, the cord lock opening comprising a cord passage and a cord lock passage interconnected with the cord passage, the cord passage being configured to allow the adjustment cord to move with respect to the cord lock, and the cord lock passage being configured to prevent movement of the adjustment cord with respect the cord lock opening“, because allegedly, Funamoto does not have a first passage in its mechanism 5 that allows for an adjustment cord to move through the cord lock (i.e., the claimed "cord passage") and a separate, interconnected passage that prevents movement of the adjustment cord (i.e., the claimed "cord lock passage"), and Funamoto only has to openings. The Examiner respectfully disagrees. With respect to above issue (1), as noted in the rejection above, the cited prior art of Funamoto teaches all limitations of claim 1, as Funamoto teaches (see Figs. 1-16) an adjustable eyewear strap (i.e. belt length adjustment mechanism A of head-mounted device (1,2), e.g. goggles as a face mount having a belt length adjusting mechanism, see Abstract, e.g. paragraphs [01,11-26,29-39]), comprising:
a strap body (i.e. belt 2, exterior member 3 having flat cylindrical/tubular shape, paragraphs [12-22, 30-33, 44], Figs. 1-12) having a first end configured to attach to a first portion of an eyewear and a second end configured to attach to a second portion of the eyewear (e.g. each end of 2 i.e. end 2a, 2b is connected to lens frame 1, e.g. paragraphs [12-22, 30-35, 43], Figs. 1-12), the strap body configured to form a loop configured to encircle a head of a user with the eyewear when the strap body is attached to the eyewear (belts 2,3 attached to both ends of lens frame 1 for wearing the goggles around the user's/wearer’s head, e.g. paragraphs [12,29-33, 44], Figs. 1-2);
an adjustment cord (i.e. adjustment wire 4, paragraphs [12-24, 30,33-36, 39-42, 45-49], Figs. 1-12) connected to the strap body (i.e. as 4 is connected to 2,3 at end parts of 2 (2a,2b) and inside 3, and connected to pulley 8 of operating member 5 that is on 3, e.g. paragraphs [12-23, 31-36, 39-42, 45-49]) at a portion of the adjustment cord that is positioned on the strap body and that cannot move with respect to the strap body (i.e. as at least 4 is connected at portion 4b to the belt 2,3 e.g. at 2b as depicted in Figs. 4, 5, 7, 10, 12 or directly to 3 Fig. 8, e.g. paragraphs [12-24, 30,34-36, 39-42, 46-49], and cannot move with respect to 2 and 3, as clearly depicted in Figs. 4, 5, 7, 8, 10, 12); and
a cord lock (operation member 5, through hole 6, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49], Figs. 4, 5, 7, 8, 10, 12) configured to releasably engage the adjustment cord as it passes through a cord lock opening to an exterior of the cord lock (i.e. through hole 6 opening(s) of 5, where operation member 5 that releasably engages 4 as it passes through openings of 5,6, to exterior of 5,6, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49], as depicted in Figs. 4, 5, 7, 8, 10, 12),
the cord lock opening comprises a cord passage and a cord lock passage interconnected with the cord passage (i.e. as openings of 6,5, 5a and openings/passage on pulley 8 of rachet mechanism 10, that are interconnected as wire 4 passed through them, as best depicted in Fig. 6, paragraphs [24, 36]), the cord passage being configured to allow the adjustment cord to move with respect to the cord lock (i.e. through hole 6, passage on 5 body 5a, allowing wire 4 to move with respect to 5,6, as depicted in Fig. 6, paragraphs [12, 18, 23-25, 30-36, 38-49]), and the cord lock passage configured to prevent movement of the adjustment cord with respect to the cord lock (i.e. as openings/passage on pulley 8 with rachet mechanism 10 when locked, i.e. as circular ratchet teeth 10a and the jaws 10b so as not to rotate the pulley 8, prevent movement of 4 with respect to 5,6, releasably engage wire 4, paragraphs [24, 36], Fig. 6), and
wherein a portion of the adjustment cord located before the adjustment cord enters the cord lock is substantially parallel to the strap body (i.e. as at least portion of 4 before 5 enters operation member 5 being substantially parallel to 2,3 as they are substantially straight lines as depicted Figs. 4, 5, 7, 8, 10, 12, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49]), and
wherein the adjustment cord (4) can be adjusted between at least:
a first position that results in a first length of the strap body (i.e. as 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into first position e.g. Figs. 4a, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49), and
a second position that results in a second length of the strap body, wherein the second length is less than the first length (i.e. as 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into second position where the length of 2,3 is shorter, as depicted in e.g. Figs. 4b, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49]).
Specifically, Funamoto teaches a cord lock (operation member 5, through hole 6, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49], Figs. 4, 5, 7, 8, 10, 12) configured to releasably engage the adjustment cord as it passes through a cord lock opening to an exterior of the cord lock (i.e. through hole 6 opening(s) of 5, where operation member 5 that releasably engages 4 as it passes through openings of 5,6, to exterior of 5,6, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49], as depicted in Figs. 4, 5, 7, 8, 10, 12), and that the cord lock opening comprises a cord passage and a cord lock passage interconnected with the cord passage (i.e. as openings of 6,5, 5a and openings/passage on pulley 8 of rachet mechanism 10, that are interconnected as wire 4 passed through them, as best depicted in Fig. 6, paragraphs [24, 36]), the cord passage being configured to allow the adjustment cord to move with respect to the cord lock (i.e. through hole 6, passage on 5 body 5a, allowing wire 4 to move with respect to 5,6, as depicted in Fig. 6, paragraphs [12, 18, 23-25, 30-36, 38-49]), and the cord lock passage configured to prevent movement of the adjustment cord with respect to the cord lock (i.e. as openings/passage on pulley 8 with rachet mechanism 10 when locked, i.e. as circular ratchet teeth 10a and the jaws 10b so as not to rotate the pulley 8, prevent movement of 4 with respect to 5,6, releasably engage wire 4, paragraphs [24, 36], Fig. 6). Therefore, Funamoto teaches all limitations of claim 1 including the limitations noted under issue (1) above.
In response to applicant's argument that the references fail to show certain features of applicant’s invention, it is noted that the features upon which applicant relies (i.e., a first passage, and that the cord passage and the cord lock passage are different regions of the same opening in the body of the cord lock, are not separate passages, and where both are opening(s) to the exterior of the cord lock) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant argues on page 11-12 of the Remarks that regarding claim 26 that there is no reason or benefit for the combination of Funamoto and Lee as Funamoto provides adjustment lock 5, 10 and Lee has no similar pulley rotating mechanism. The Examiner respectfully disagrees. As noted in the rejection above, Funamoto teaches most of the claim 26 limitations, as Funamoto teaches (see Figs. 1-12) an adjustable eyewear strap (i.e. belt length adjustment mechanism A of head-mounted device (1,2), e.g. ski goggle as a face mount having a belt length adjusting mechanism, see Abstract, e.g. paragraphs [01,11-26,29-39]), comprising:
a strap body (i.e. belt 2, exterior member 3 having flat cylindrical/tubular shape, paragraphs [12-22, 30-33, 44], Figs. 1-12) having a first end configured to attach to a first portion of an eyewear and a second end configured to attach to a second portion of the eyewear (e.g. each end of 2 i.e. end 2a, 2b is connected to lens frame 1, e.g. paragraphs [12-22, 30-35, 43], Figs. 1-12), the strap body configured to form a loop configured to encircle a head of a user with the eyewear when the strap body is attached to the eyewear (belts 2,3 attached to both ends of lens frame 1 for wearing the goggles around the user's/wearer’s head, e.g. paragraphs [12,29-33, 44], Figs. 1-2);
an adjustment cord (i.e. adjustment wire 4, paragraphs [12-24, 30,33-36, 39-42, 45-49], Figs. 1-12) connected to the strap body (i.e. as 4 is connected to 2,3 at end parts of 2 (2a,2b) and inside 3, and connected to pulley 8 of operating member 5 that is on 3, e.g. paragraphs [12-23, 31-36, 39-42, 45-49]); and
a cord lock configured to releasably engage the adjustment cord as it passes through the cord lock (i.e. through hole 6, operation member 5 that releasably engages 4 as it passes through, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49]), and
wherein the adjustment cord (4) can be adjusted between at least:
a first position that results in a first length of the strap body (i.e. as 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into first position e.g. Figs. 4a, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49), and
a second position that results in a second length of the strap body, wherein the second length is less than the first length (i.e. as 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into second position where the length of 2,3 is shorter, as depicted in e.g. Figs. 4b, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49]);
a second adjustment cord connected to the strap body (i.e. as the second wire 4 where there are two (or more ) wires 4, as depicted in Figs. 5, 7-8, 10-12, see paragraphs [35-40, 42-46]); and
a second cord lock configured to releasably engage the second adjustment cord as it passes through the second cord lock (i.e. additional through hole 6, parts of operation member 5 (or separate additional 5, Fig. 11-12) that releasably engages second/additional wire(s) 4 as it passes through, as depicted in Figs. 5, 7-8, 10-12, e.g. paragraphs [12, 18, 23-25, 30-36, 38-49]), comprising:
a second cord passage configured to allow the second adjustment cord to pass through the second cord lock (i.e. additional through hole 6, additional passage on body 5a, as depicted in Fig. 6, paragraphs [12, 18, 23-25, 30-36, 38-49], as depicted in Figs. 5, 7-8, 10-12); and
a second cord lock passage configured to releasably engage the adjustment cord to prevent movement of the adjustment cord through the second cord lock (i.e. as rachet mechanism 10 with pulley 8 and inside 5a parts that releasably engage additional wire(s) 4, paragraphs [24, 36], see e.g. details of Fig. 6, applied to Figs. 5, 7, 8, 10-12])
wherein the second cord lock passage (10, 8, 5a inside for additional wire(s) 4) is interconnected with the second cord passage (6, 5a passage for additional 4 wire(s)) such that the second adjustment cord (additional wire(s) 4) is configured to move between the second cord passage and the second cord lock passage (i.e. as additional wire(s) 4 moves between 6, 5a passage and 10, 8 for that additional wire 4 for adjusting wire 4, as depicted in Fig. 6, 4-5, e.g. paragraphs [18, 23-25, 30-36, 38-49]),
wherein the adjustment cord exits the cord lock to an exterior of the adjustable eyewear strap after it passes through the cord lock (i.e. due to belt adjustment(s) as wire 4 after passed through 5.5a then exits operational member 5,5a to the exterior of the adjustable belt before entering hole 6, see details in Fig. 6, e.g. paragraphs [, 23-25, 30-36, 38-49]), and
wherein the second adjustment cord (additional wire(s) 4) may be adjusted between at least:
a first position that results in a first length of the strap body (i.e. as the additional wire(s) 4 also pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into first position corresponding to e.g. Figs. 4a, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49), and
a second position that results in a second length of the strap body, wherein the second length is less than the first length (i.e. as the additional wire(s) 4 pulls and releases belt 2 (2a and/or 2b) into tubular member 3 thereby adjusting the length of 2,3 into second position where the length of 2,3 is shorter, as depicted in corresponding Fig. 4b, and equivalent in Figs. 5, 7, 8, 10, 12, paragraphs [12, 18, 23-25, 30-36, 38-40,42, 44-49]).
But Funamoto is silent that adjustment cord is free from the strap body after exiting the cord lock (as the belt adjustment, wire 4 after passed through 5.5a then exits operational member 5,5a to the exterior but is not show as free after exiting 5,5a, see details in Fig. 3-4, 6, e.g. paragraphs [23-25, 30-36, 38-49]).
However, Lee teaches in the same field of invention of water glass (googles) having one-touch buckle for controlling band (see Figs. 3-7, Title, Abstract, Tech-Solution pages 3-5, Advantageous effects page 6) and further teaches that the adjustment cord is free from the strap body after exiting the cord lock (as adjustment band 15 with ridges 15a is free, i.e. with free end, after it exits the band connection body/lid 19, 19a, pages 3-5, Figs. 3-4, providing the goggle wearer wears the elastic band loosely and pulls end(s) of the band from behind the head until the goggles are properly squeezed around the eyes, and also fix the band firmly and automatically using only one hand. e.g. see pages 5-6).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the belt length adjustment mechanism of head-mounted device i.e. googles with adjustment wire of Funamoto to include free end after it exits cord lock i.e. band connection body/lid according to teachings of Lee in order to provide the goggle wearer that wears the elastic band loosely and can pull end(s) of the band from behind the head until the goggles are properly squeezed around the eyes, and also fix the band firmly and automatically using only one hand. (see Lee pages 5-6).
Specifically, as noted Funamoto is silent that adjustment cord is free from the strap body after exiting the cord lock (as the belt adjustment, wire 4 after passed through 5.5a then exits operational member 5,5a to the exterior but is not show as free after exiting 5,5a, see details in Fig. 3-4, 6, e.g. paragraphs [23-25, 30-36, 38-49]). Hence Lee was used, as Lee teaches in the same field of invention of water glass (googles) having one-touch buckle for controlling band (see Figs. 3-7, Title, Abstract, Tech-Solution pages 3-5, Advantageous effects page 6) and further teaches that the adjustment cord is free from the strap body after exiting the cord lock (as adjustment band 15 with ridges 15a is free, i.e. with free end, after it exits the band connection body/lid 19, 19a, pages 3-5, Figs. 3-4, providing the goggle wearer wears the elastic band loosely and pulls end(s) of the band from behind the head until the goggles are properly squeezed around the eyes, and also fix the band firmly and automatically using only one hand. e.g. see pages 5-6). Hence, it was noted that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the belt length adjustment mechanism of head-mounted device i.e. googles with adjustment wire of Funamoto to include free end after it exits cord lock i.e. band connection body/lid according to teachings of Lee in order to provide the goggle wearer that wears the elastic band loosely and can pull end(s) of the band from behind the head until the goggles are properly squeezed around the eyes, and also fix the band firmly and automatically using only one hand. (see Lee pages 5-6). Thus, Examiner provided reason to combine ( see above). Applicant has merely alleged that no reason was provided or no reason exists, and has not provided sufficient evidence or argument directed to how the identified reason in the first action fails to meet the legal requirements of a reason to combine as set forth by KSR.
Therefore, Funamoto in combination with Lee teaches and renders obvious all limitations of claim 26.
Regarding claim 27, the new amended limitations are taught by Funamoto reference, as presented in the rejection above.
No additional substantial arguments were presented after page 12 of the Remarks dated 10/24/2025.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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/MARIN PICHLER/Primary Examiner, Art Unit 2872