DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/23/2025 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 5-11 and 13-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cater et al. (PGPUB 20140063438, of record) in view of Stanley et al. (PGPUB 20070279577).
Regarding claim 1, Cater discloses eyewear comprising:
one or more lenses, said one or more lenses having a front surface and a rearward surface with temples connecting to the lenses to support the eyewear on a user’s face (108 and temples are shown in Fig. 1);
a shield (104), said shield comprising a material that resists the passage of solids and liquids therethrough ([0132]);
said shield having forward and rearward portions (Figs. 1-2 where at least one side faces away from a wearer and the opposite side faces the wearer), said forward portion engaging said eyewear and said rearward portion of said shield being formed for engaging a portion of a wearer's face (Figs. 1-2), said shield being positioned so that the wearer can see through the lens (Figs. 1-2); and
said shield is formed with one or more adjustable sections that allow one or more vents to be formed in said shield (paragraphs [0046] and [0017] as well as Figs. 14A/B where arrows indicate ventilation); each of the one or more adjustable sections of the shield are formed with a movable portion and a fixed portion and the vent is formed by moving the movable portion away from the fixed portion (106, 150, Figs. 11-12 and [0141]).
Cater does not disclose a spacing of the rearward portion of said shield with respect to said face of said wearer does not change when the vent is formed in the shield, and a spacing of the rearward surface of the one or more lenses with respect to said faces of said wearer does not change when the vent is formed in the shield.
However, Stanley teaches eyewear (10) comprising one or more lenses (14 and/or 18), a shield (316), a plurality of vents located in the shield (Fig. 4A, 328); wherein each of the one or more adjustable sections of the shield are formed with a movable portion and a fixed portion and the vent is formed by moving the movable portion away from the fixed portion (Figs. 4A/B where the shield, 316, comprises a plurality of openings 330/334 such that one is fixed, 330, and the other is movable, 332); and wherein a spacing of the rearward portion of said shield with respect to said face of said wearer does not change when the vent is formed in the shield, and a spacing of the rearward surface of the one or more lenses with respect to said faces of said wearer does not change when the vent is formed in the shield. (Fig. 4A/B and [0032] where the vent may be opened by actuating 332 and does not change the spacing of any part of the device in a direction parallel to the line of sight of the wearer).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Cater and Stanley such that spacing of the lens and shield does not change with the actuation of the ventilation section motivated by ensuring consistent wearability and comfort regardless of the ventilation state.
Regarding claim 2, modified Cater discloses wherein: the one or more adjustable sections of the shield are provided at an upper portion of the eyewear above the one or more lenses (Figs. 1-2, [0046] and [0049]).
Regarding claim 3, modified Cater discloses wherein: the one or more adjustable sections of the shield are formed with a movable portion (106) and a fixed portion (150) and the vent is formed by moving the movable portion away from the fixed portion (Figs. 11-12 and [0141]).
Regarding claim 4, modified Cater discloses wherein: said one or more adjustable sections allow the vent to be formed in said shield ([0143]-[0145]).
Regarding claim 5, modified Cater discloses wherein: the one or more adjustable sections of the shield are provided with one or more clasps for actuating the adjustable portion of the shield ([0146] and Figs. 1-2 and 14A/B).
Regarding claim 6, modified Cater discloses wherein:
the clasp can hold the movable portion away from the fixed portion (Figs. 11-12).
Regarding claim 7, modified Cater discloses wherein: the shield is formed with one or more exit vents (See Figs. 14A/B).
Regarding claim 8, modified Cater discloses wherein: the exit vents are formed in lower lateral sections of the shield (See Figs. 14A/B).
Regarding claim 9, modified Cater discloses wherein: an attachment portion of the shield releasably engages an attachment portion of the eyewear to connect the shield to the eyewear (See Figs. 1 and 2, 132).
Regarding claim 10, modified Cater discloses wherein: the attachment portion of the shield is located on the forward surface of the shield and the attachment portion of the eyewear is located on the rearward surface of the eyewear (See Figs. 1 and 2, 132).
Regarding claim 11, modified Cater discloses wherein: said one or more lenses comprises two lenses (108, left and right and please also see [0193]-[0194] where the fourth embodiment includes the same features as the first embodiment and may have two distinct lenses), said one or more lens openings in said shield comprises two lens openings (Figs. 14A/B), and each of said two lens openings in said shield is positioned about one of said two lenses (Figs. 14A/B).
Regarding claim 12, modified Cater discloses wherein: the one or more adjustable sections of the shield are provided at an upper portion of the eyewear above the one or more lenses (Figs. 1-2).
Regarding claim 13, modified Cater discloses wherein: the shield is formed with one or more exit vents (Figs. 14A/B).
Regarding claim 14, modified Cater discloses wherein: the exit vents are formed in lower lateral sections of the shield (Figs. 14A/B).
Regarding claim 15, modified Cater discloses wherein: an attachment portion of the shield releasably engages an attachment portion of the eyewear to connect the shield to the eyewear (Figs. 1-2).
Regarding claim 16, modified Cater discloses wherein: the attachment portion of the shield is located on the forward surface of the shield and the attachment portion of the eyewear is located on the rearward surface of the eyewear (Figs. 1-2).
Regarding claim 17, modified Cater discloses wherein: said one or more lenses comprises two lenses (108), said one or more lens openings in said shield comprises two lens openings (Figs. 1-2), and each of said two lens openings in said shield is positioned about one of said two lenses (Figs. 14A/B).
Regarding claim 18, modified Cater discloses wherein:
said eyewear is formed with a frame (110);
said clasp is partially received in said frame (Figs. 1-2).
Regarding claim 19, modified Cater discloses said clasp is partially received in a cavity in said shield (Fig. 11).
Regarding claim 20, modified Cater discloses wherein:
the movable portions of the one or more adjustable sections of the shield move upwardly with respect to the lens when the one or more vents are formed in the shield (since the goggles may be held in any position in space while they are adjusted, the movement of 332 of Stanley and/or 106 of Cater can be said to adjust upwardly, as well as any other direction, with respect to the lens).
Regarding claim 21, modified Cater discloses wherein: the one or more adjustable section of the shield are provided at an upper portion of the eyewear above the one or more lenses (Fig. 1 of Cater and Figs. 4A/B of Stanley).
Regarding claim 22, modified Cater discloses wherein: the one or more adjustable section of the shield are provided at an upper portion of the eyewear above the one or more lenses (Fig. 1 of Cater and Figs. 4A/B of Stanley).
Regarding claim 23, modified Cater discloses wherein: the one or more adjustable section of the shield are provided at an upper portion of the eyewear above the one or more lenses (Fig. 1 of Cater and Figs. 4A/B of Stanley).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 5-11 and 13-23 has been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
With respect to applicant’s remarks on page 10, states that the examiner did not recognize the amended subject matter. The examiner cited relevant paragraphs but could have also included [0017], which states that the gasket may be porous for ventilation and may include gaps.
With respect to applicant’s remarks on page 10, applicant states that element 106 is fixed with respect to the frame. The office agrees, however; if one were to hold only the lens of Cater and activate the ventilation mechanism then 106 would appear movable with respect to the frame. Further, please see the construction diagrams starting at Fig. 21 through Fig. 24 where the movable mechanism for toggling ventilation state may move with respect to the frame and the lenses. Still further, Stanley illustrates a movable portion, 332, with respect to a fixed portion, 316, that is also relevant to this limitation.
With respect to applicant’s remarks on page 11, the applicant argues the examiner has not provided citations for exit vents in the lower lateral sections. The office respectfully disagrees. While Cater does not show air flow in both directions, it is clear that an air flow path exists to allow ventilation from top to bottom. Since the goggles are not a closed system the flow of air is determined by the manner in which they are used.
With respect to applicants remarks on page 11, the applicant states that claim 18 is not properly cited. The office respectfully disagrees. Figs. 1-2 and 11 clearly show that the clasp is partially received by the frame. It is not clear how “partially received in” is different from “clamp onto” or slotted into since, in order to clamp or engaging with a slot, it must be partially received. With respect to claim 19, 142 and 106 are clasped together in Figs. 1 and 2, (maybe more clearly seen how this works in Figs. 7-8 and 11-12), Fig. 15H shows another embodiment that shows another method of clasping the gasket to the frame, Fig. 17 shows still another embodiment having a movable clasp whose arrangement and function may be better seen in Figs. 21-25.
Conclusion
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/TRAVIS S FISSEL/ Primary Examiner, Art Unit 2872