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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/17/2025 has been entered.
Response to Amendment
Receipt is acknowledged of the amendment filed 7/17/2025. Claims 1-2 and 9-10 are amended, claims 17-18 are new, and claims 1-18 are currently pending.
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.
Claims 1-2, 11-13, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pat. No. 7,543,929 to Yang et al. (hereinafter Yang).
Regarding claim 1, Yang discloses a comfort attachment assembly (auxiliary support 23, Fig. 1) for securement to metal eyewear (Fig. 1-4) comprising: a support frame (e.g. bar 231, buckles 236, first member 237, Figs. 1-4) configured for coupling to the frame of existing eyewear; and a flexible portion (soft pad 232, Figs. 1-4) coupled to said support frame (Figs. 1-4); said support frame comprising a top support comprising two brow portions coupled by a bridge portion located intermediately between said two brow portions (Fig. 1); said flexible portion having a brow cushion extending rearwardly and cantilevered from said top support of the support frame (Figs. 1-4); said brow portions of said support frame having a top wall for engaging a top surface of a lens retainer of eyewear (Fig. 1-4), a rear wall for engaging a rear surface of said lens retainer of said eyewear (e.g. clasp 233 engages slot 213 and buckles 236 engage according to Figs. 1-4); said rear wall coupled to and perpendicular to said top wall (Fig. 3); said brow portions having at lateral portions thereof (near buckles 236, Fig. 1), an anterior support to engage a front surface of the lens retainer of the eyewear (e.g. clasp 233 engages slot 213 and buckles 236 engage according to Figs. 1-4); said anterior support extending downwardly from said top wall to create a channel or pocket for receiving a lateral portion of the lens retainer of the eyewear (Figs. 1-4); and wherein the support frame is formed of a rigid material (material with sufficient rigidity for clasping with clasp 233, retention with buckles 236, and mounting of soft pad 232, Figs. 1-4); and wherein the flexible portion is made from a compressible material (soft pad 232”, Figs. 1-4).
Regarding claim 2, Yang discloses said brow cushion is shaped to generally conform to the shape of a user's brow region (Fig. 1; Abstract).
Regarding claim 11, Yang discloses said top support includes a receiving channel on the bottom side thereof for receiving a top edge of an eyewear frame (Fis. 1, 3, 4).
Regarding claim 12, Yang discloses said two brow portions are generally shaped such that when engaged with an eyewear frame a first leg extends downwardly on a rear side of said eyewear frame and a second leg would extend forwardly on top of the eyewear frame; said top support further comprising two anterior portions located on a lateral end of each of said brow portions and extending downwardly to engage a front side of the eyewear frame (buckles 236, Figs. 1-4).
Regarding claim 13, Yang discloses said bridge portion and said brow portions of said support frame are monolithically formed (Fig. 1-4). Yang does not disclose a discontinuity between elements matching the claims bridge and brow portions.
Regarding claim 17, Yang discloses the bridge portion of the support frame comprises a "J" type hook to facilitate coupling to a bridge section of the eyewear (clasp 233, Fig. 3).
Claims 1-2, 8-10, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pat. No. 9,968,487 to Chou (hereinafter Chou).
Regarding claim 1, Chou discloses a comfort attachment assembly (Figs. 1-4) for securement to existing metal eyewear comprising: a support frame (frame body 21, Fig. 1) configured for coupling to the frame of existing eyewear (Figs. 1-4); and a flexible portion (“pad 25 is attached at the inner surface of the frame body 21 and comprises an upper contact portion 251 and a central contact portion 252”, Fig. 1) coupled to said support frame; said support frame comprising a top support (portion of clip 26, Fig. 1-3) comprising two brow portions (portions or frame body 21 near lenses 11, Fig. 1) coupled by a bridge portion (portion of frame body 21 near notch 26, Fig. 1-3) located intermediately between said two brow portions; said flexible portion having a brow cushion (pad 25, Fig. 1) extending rearwardly and cantilevered from said top support of the support frame (Fig. 1-4); said brow portions of said support frame having a top wall for engaging a top surface of a lens retainer of eyewear (within first clip 26, Fig. 1-3), a rear wall (of frame body 31 near first clip 26, Figs. 1-3) for engaging a rear surface of said lens retainer of said eyewear; said rear wall coupled to and perpendicular to said top wall (Figs. 1 & 3); said brow portions having at lateral portions thereof, an anterior support (of clip 26, Figs. 1-3) to engage a front surface of the lens retainer of the eyewear; said anterior support extending downwardly from said top wall to create a channel or pocket for receiving a lateral portion of the lens retainer of the eyewear (Figs. 1 & 3); and wherein the support frame is formed of a rigid material (sufficiently rigid to be fastened by clip structure 26 and mount pad 25, Figs. 1-4); and wherein the flexible portion is made from a compressible material (“nose pieces 253 and the upper contact portion 251 are contacted with the user's nose and forehead to be the supporting point when the glasses are worn, so it avoids the pain that is caused by the directly contact of the lens 11 of the hard main body 1 with the user's nose and forehead, increasing the comfort of the glasses structure of the present invention in use”; col. 3, ll. 56-63).
Regarding claim 2, Chou discloses said brow cushion is shaped to generally conform to the shape of a user's brow region (Figs. 1-4).
Regarding claim 8, Chou discloses said support frame further comprises a pair of nose pad supports downwardly extending from said bridge portion, each supporting a nose pad formed from said compressible material (“central contact portion 252 is formed with two nose pieces 253, which nose pieces 253 are respectively corresponded to the both sides of the notch 22 of the frame body 21”, Fig. 1; col. 2, ln. 37-col. 4, ln. 3).
Regarding claim 9, Chou discloses a pair of nose pad supports and a pair of nose pads are separate from said top support and brow cushion (“central contact portion 252 is formed with two nose pieces 253, which nose pieces 253 are respectively corresponded to the both sides of the notch 22 of the frame body 21”, Fig. 1; col. 2, ln. 37-col. 4, ln. 3).
Regarding claim 10, Chou discloses a pair of nose pad supports and a pair of nose pads are formed together with said top support and brow cushion (“central contact portion 252 is formed with two nose pieces 253, which nose pieces 253 are respectively corresponded to the both sides of the notch 22 of the frame body 21”, Fig. 1; col. 2, ln. 37-col. 4, ln. 3).
Regarding claim 18, Chou discloses the support frame further comprises support legs (unlabeled protrusions extending rearwardly from second clip 27, Fig. 1) extending rearwardly from the lateral edges of the rear wall of the brow portions of the support frame; said support legs having a surface to which a lateral edge of the brow cushion can be coupled (Fig. 1).
Claim Rejections - 35 USC § 103
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 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 3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Yang, as applied to Claim 2, and further in view of US Pat. No. 7,267,434 to Lane et al. (hereinafter Lane).
Regarding claims 3 and 5-7, Yang discloses the claimed invention as cited above though does not explicitly disclose specific materials of the frame and pad.
Regarding claim 3, Lane discloses wherein said rigid material has a Shore D durometer in the range of 10 to 100 (nylon; col. 2, ln. 43-col. 3, ln. 25).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide claimed material characteristics as taught by Lane with the system as disclosed by Yang. The motivation would have been to rely on a material with known material processing techniques, ubiquity in the technological ecosystem, and material properties (such as density, rigidity, and resilience) known to persons having ordinary skill in the art as design considerations in eyewear.
Regarding claim 5, Lane discloses said compressible material has a Shore 00 durometer in the range of 10 to 90 (as the pliable coating is to be softer than the rib material, embodied as nylon, the unspecified “rubber” must necessarily have a Shore 00 value between 10-90; col. 2, ln. 43-col. 3, ln. 25).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide claimed material characteristics as taught by Lane with the system as disclosed by Yang. The motivation would have been to rely on a material with known material processing techniques, ubiquity in the technological ecosystem, and material properties (such as density, rigidity, and resilience) known to persons having ordinary skill in the art as design considerations in eyewear.
Regarding claim 6, Lane discloses wherein said compressible material is a material chosen from the group consisting of rubbers, silicones, elastomers, thermoplastic elastomers, and polyurethanes (rubber; col. 2, ln. 43-col. 3, ln. 25).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide claimed material characteristics as taught by Lane with the system as disclosed by Yang. The motivation would have been to rely on a material with known material processing techniques, ubiquity in the technological ecosystem, and material properties (such as density, rigidity, and resilience) known to persons having ordinary skill in the art as design considerations in eyewear.
Regarding claim 7, Lane discloses said support frame has a Shore D durometer in the range of 10 to 100 and said flexible portion has a Shore 00 durometer in the range of 10 to 90 (nylon rib and a pliable coating softer than the nylon rib; col. 2, ln. 43-col. 3, ln. 25).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide claimed material characteristics as taught by Lane with the system as disclosed by Yang. The motivation would have been to rely on a material with known material processing techniques, ubiquity in the technological ecosystem, and material properties (such as density, rigidity, and resilience) known to persons having ordinary skill in the art as design considerations in eyewear.
Claims 4 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Chou as applied to claim 2, and further in view of WO 2013/010799 to Taeuber.
Regarding claim 4, Chou discloses the claimed invention as cited above though does not explicitly disclose: said rigid material is a material chosen from the group consisting of polycarbonate (PC), polyvinyl chloride (PVC), polystyrene (PS), polypropylene (PP), polyethylene (PE) and acrylonitrile butadiene styrene (ABS).
Taeuber discloses said rigid material is a material chosen from the group consisting of polycarbonate (PC), polyvinyl chloride (PVC), polystyrene (PS), polypropylene (PP), polyethylene (PE) and acrylonitrile butadiene styrene (ABS) (“nose frame 10 is formed from a plastic material which may be identical to the synthetic material of the spectacle frame 1. It has a high rigidity, so it is essentially unyielding or hard“ and “the nose frame is made of polycarbonate (PC) and / or thermoplastic polyurethane (TPU)”).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to manufacture a rigid structure of polycarbonate as taught by Taeuber with the system as disclosed by Chou. The motivation would have been to provide a rigid material, ubiquitous in the spectacle frame industry.
Regarding claim 14, Chou discloses said bridge portion, said brow portions and a pair of nose pad supports are monolithically formed (Fig. 1).
Regarding claim 15, Chou discloses a pair of nose pads are comprised of the rigid material and the flexible material; and wherein only the flexible material is in physical contact with the wearer (body 21 support nose pieces 253, Fig. 1).
Regarding claim 16, Chou discloses the pair of nose pads are adjustable (Fig. 1). The claim does not specify the manner of adjustment, and thus a repositioning on the wearer’s nose make the nose pad structure inherently capable of being adjustable.
Response to Arguments
Applicant’s arguments with respect to claims have 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J STANFORD whose telephone number is (571)270-3337. The examiner can normally be reached 8AM-4PM PST M-F.
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/CHRISTOPHER STANFORD/Primary Examiner, Art Unit 2872