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 .
Response to Arguments
Applicant's arguments filed 22 April 2026 have been fully considered but they are not persuasive. Please see response to arguments, rejections, and objections below in the present Office action. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
Examiner notes that the applicant should specifically point out the support for any and all amendments and show support in the original disclosure for the new or amended claims. See, e.g., Hyatt v. Dudas, 492 F.3d 1365, 1370, n.4, 83 USPQ2d 1373, 1376, n.4 (Fed. Cir. 2007). See also MPEP § 714.02 and 2163.06 (“Applicant should ... specifically point out the support for any amendments made to the disclosure.”); and MPEP § 2163.04. The as-filed specification fails to provide proper antecedent basis for the (newly amended) claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Applicant has failed to specifically point out the support for any and all amendments and show support in the original disclosure for the new and amended claims. See also Non-Final Rejection dated 22 January 2026.
In response to the applicant's argument that "In the interview, the Examiner indicated that further defining the claims as set forth in paragraph 0040 of the specification of this application should provide a positive direction for overcoming the cited art…lens assembly 3 itself was discussed," the Examiner traverses. The reply filed on 22 April 2026 is not fully responsive to the prior Office action because it fails to include a complete or accurate record of the substance of the 21 April 2026 interview (dated 23 April 2026). In the instant case, Examiner did not indicate any amendments capable of overcoming the cited art, for the Examiner indicated that further search and consideration would need to be conducted in order to determine patentability of the proposed amendments. No agreement was made and the Examiner suggested reciting specific and sufficient structure of the eyewear, illustrating any specific structure recited in the claims, and providing adequate support for said structure and functional limitations in the description without adding new matter. See MPEP § 713.04.
In response to the applicant's argument that "In response, Applicant has canceled the claim language directed to the first end being configured to supported at the ears of a wearer. Applicant believes that the drawings now comply with 37 CFR § 1.83(a). Applicant respectfully requests withdrawal of the objections," the Examiner traverses. Applicant has failed to address all limitations objected to in the previous Office action (Non-Final Rejection dated 22 January 2026). Please see drawings objections below in the present Office action for further details and guidance.
In response to the applicant's argument that "Applicant believes that the claims now comply with 35 U.S.C. § 112(b). Withdrawal of the rejections is respectfully requested," the Examiner traverses. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Please see 112(b) rejection(s) below in the present Office action for further details and guidance.
In response to the applicant's argument that "The cited art fails to disclose or render obvious such an eyewear. In particular, the Office Action suggests Thorsell discloses this aspect of the invention…one of the temples 432 is in open state," the Examiner traverses. See figures 17a, 17b, and 17c of Thorsell. Furthermore, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear (eyewear 400; [0003-75]; fig. 1-18d), wherein each of the engagement members (doors 440; [0066]; fig. 13a & 15-16) presses (doors 440 press lenses 412 from front of frame; as seen in figs. 17a-c) the lens assembly (pair of lenses 412, each of the lenses 412 form part of a lens assembly 410; [0063-64]) from the front side when each corresponding one of the temples (temples 432; [0063]) is in open state (open state of temples 432 as seen in fig. 13a, wherein doors 440 are engaged with lens 412 of lens assembly 410; [0066-70]).
In response to the applicant's argument that "Even assuming that the doors 440 in Thorsell…However, such a configuration clearly fails to provide the structure recited in claim 1 of this application," the Examiner traverses. See previous argument above for response to argument. Furthermore, and in response to applicant's argument that "to suppress the lens assembly from falling from a front frame...such a configuration clearly fails to provide the structure recited in claim 1 of this application," a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
In response to the applicant's argument that "Moreover, as discussed with the Examiner, Figure 12A and Figure 12B of Thorsell also fails to disclose…as now required by independent claim 1 of this application," the Examiner traverses. Examiner does not rely on the referenced embodiment or figures argued by the applicant, for Thorsell discloses an eyewear (eyewear 400; [0003-75]; fig. 1-18d), such that each of the engagement members (doors 440; [0066]; fig. 13a & 15-16) engages the lens assembly (pair of lenses 412, each of the lenses 412 form part of a lens assembly 410; portion of the carrier 422 secured between the door 440 and backing portion 450 thus retaining the lens in attachment to the frame; [0063-64], [0067]) when each corresponding one of the temples (temples 432; [0063]) is in open state (open state of temples 432 as seen in fig. 13a, wherein doors 440 are engaged with lens 412 of lens assembly 410; [0066-70]) to suppress the lens assembly (pair of lenses 412, each of the lenses 412 form part of a lens assembly 410; [0063-64]) from falling from the front frame (frame 430 comprising front portion 436; [0063]; as seen in figs. 13a, 17a-c). Please see 112(b) and 103 rejection(s) below in the present Office action for further details and guidance.
In response to the applicant's argument that "Applicant submits that independent claim 17 of this application is allowable for similar reasons…as now required by independent claim 17 of this application," the Examiner traverses. See previous argument above for response to argument. Applicant’s assertion is merely an argument unaccompanied by evidentiary support, and, thus, is insufficient to rebut Examiner's finding of obviousness. Arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965); In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997) (“An assertion of what seems to follow from common experience is just attorney argument and not the kind of factual evidence that is required to rebut a prima facie case of obviousness.”). MPEP § 2145, 716.01(c). Furthermore, Thorsell further teaches each temple (as seen in fig. 12b) of the pairs of temples (temples 232; [0037]) having a first end (distal portions 232-2 of the temples; [0037]; fig. 4) and a second end (lever portion 240; [0036]), the first end (distal portions 232-2 of the temples; [0037]) being supported at the ears of a wearer and distal from the lens assembly (distal portions 232-2 of temple designed to rest against user's head and/or ears; lens assembly 210 includes a lens 212; [0028], [0036]; fig. 4) and a second end (lever portion 240; [0036]) adjacent the front frame (frame 230; [0065]; fig. 4 and 12b), the second end (lever portion 240; [0036]) being integral (as seen in fig. 12b) with a respective engagement member (engagement side 244; [0053]) of the engagement members (engagement sides 244 and 254; [0053]), such that opening and closing of the temples (opening and closing temples as seen in figs. 12a-b) provides simultaneous movement (lever portion 240 comprising engagement side 244 is pivoted toward the open position and is able to automatically snap back to the closed position; [0052-54], effortless slidable engagement of the temple to lens assembly; [0062]) of the engagements members (engagement sides 244 and 254; [0053]) toward and away from the front frame (e.g., user may fold the temple 232 back towards the folded or stowage configuration of the eyewear, as shown by arrow 204, pivoting the temple back in direction 204 exposes a lever end of the lever portion 240 comprising engagement side 244; [0054] and [0061], lever portion 240 to pivot outward in a direction away from the lens in direction 202; [0062]; figs 11b and 12b).
In response to the applicant's argument that "Moreover, Applicant believes that dependent claims 2, 4-11 and 14-16 are also allowable…the prior art of record also fails to disclose or suggest the inventions as set forth in the dependent claims," the Examiner traverses. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which they think the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
In response to the applicant's argument that "Applicant has added new claims 18 and 19. Claims 18 and 19 are allowable for the reasons set forth above, since each of these claims is dependent from either claim 1 or claim 17. Moreover, each of these claims recites additional subject matter that further distinguishes it over the cited art," the Examiner traverses. See previous argument(s) above for response to argument. Please see 112(b) and 103 rejection(s) below in the present Office action for further details and guidance.
Examiner reminds the applicant that "The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968))." MPEP § 2123.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first end, second end, a second end adjacent the front frame, the second end being integral with a respective engagement member of the engagement members, and simultaneous movement of the engagements members toward and away from the front frame. must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4-11, and 14-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to Claims 1, 8, and 17-19, the claim(s) recite the limitation "is in open state." There is insufficient antecedent basis for this limitation in the claim(s), for “an open state” is never recited nor claimed.
With respect to Claims 4-5, 9-10, 15, and 18-19, the claim(s) recite the limitation(s) “the front side of the lens assembly,” “the front side of the front frame,” and “the front side." There is insufficient antecedent basis for these limitation(s) in the claim(s), for “a front side of the lens assembly,” “a front side of the front frame,” and “a front side" are never previously recited nor claimed.
With respect to Claims 18 and 19, “wherein each of the engagement members presses the lens assembly from the front side when each corresponding one of the temples is in open state” is ambiguous because it is unclear what constitutes the front side from which the lens assembly is pressed. The limitation does not define the reference point or orientation utilized to determine the front side and the eyewear components could be viewed from multiple perspectives. Thus, the metes and bounds of the claim(s) are uncertain because it is not clear under what configurations an engagement member would satisfy the requirement of pressing the lens assembly from the claimed front side. There are also no objective boundaries for the pressing function, for it is unclear when the contingent limitation is satisfied with respect to the recited open state. Examiner reminds the applicant that the broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur. See MPEP § 2111.04 (II). In the current instance, the recited limitation implies a hypothetical or conditional scenario without clarifying the structure or whether the claimed limitation is a necessary or optional aspect of the product(s). This creates uncertainty about whether the claimed elements and limitations are required or merely illustrative.
For the prosecution on merits, examiner interprets the claimed subject matter described above as introducing optional elements, optional structural limitations, optional expressions, and optional functionality within eyewear.
Appropriate correction is required. Applicant should clarify the claim limitations as appropriate. Care should be taken during revision of the description and of any statements of problem or advantage, not to add subject-matter which extends beyond the content of the application (specification) as originally filed. If the language of a claim, considered as a whole in light of the specification and given its broadest reasonable interpretation, is such that a person of ordinary skill in the relevant art would read it with more than one reasonable interpretation, then a rejection of the claims under 35 U.S.C. 112, second paragraph, is appropriate. See MPEP 2173.05(a), MPEP 2143.03(I), and MPEP 2173.06.
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 1-2, 4-11, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Thorsell et al. US 20190171033 A1 (herein after "Thorsell") in view of another embodiment of Thorsell.
With respect to Claim 1, Thorsell discloses an eyewear (eyewear 400; [0003-75]; fig. 1-18d) comprising:
a front frame (frame 430 comprising front portion 436; [0063]; fig. 13a) having a pair of connecting parts (magnetic attachment mechanism 424 of magnetic attachment assembly 420 coupled to temples 432; [0064]);
a pair of temples (temples 432; [0063]) connected to the front frame (temples 432 connected to front portion 436 of frame 430; [0063]), the pair of temples configured (temples 432 pivoting; [0063]) to be openable and closeable (attachment mechanism, configured to open and close automatically by the cooperation of components; [0072]) relative to the front frame (temples 432 pivotally connected to the front portion 436 of frame 430; [0063]);
a lens assembly (pair of lenses 412, each of the lenses 412 form part of a lens assembly 410; [0063-64]) having a light transmission part for transmitting light (lens 212 of fig. 2 comprising one or more compounds and/or coatings configured to impart light transmittance characteristics as may be desired or suitable for a particular application—fig. 2 of eyewear being in accordance with some examples of the present disclosure ([0005]), and thus lens 412 having light transmittance characteristics; [0038]; & the lens may be made from polycarbonate (PC—light transmittable/transparent material), acrylic, or other materials which can provide suitable optical qualities (e.g., optical clarity) to the optical portion of the eyewear; [0026]), and a pair of connected parts (carrier 422 of magnetic attachment assembly 420 attached to one end of each lens 412; [0064]) to be respectively connected to the connecting parts (removably attaching each of the lenses 412 to the frame 430, including magnetic attachment mechanism 424 coupled to each of the temples 432, and a carrier 422 attached to one end of each lens 412; [0064]), so that the lens assembly can be detachably attached to the front frame (removably attaching each of the lenses 412 to the frame 430; [0064]); and
a pair of engagement members (doors 440; [0066]; fig. 13a & 15-16) respectively provided to the temples (door 440 pivotally coupled to the backing portion 450 wherein the backing portion 450 is part of the front portion 436 or the temple 432 and thus be rigidly connected to or integrally formed therewith; [0066]), the pair of engagement members (doors 440; [0066]) configured to move toward (door 440 automatically returns to the closed position under the force of magnetic attraction, as shown in fig. 17c; [0072]) and away from the front frame due to opening and closing motions of the temples (the door 440 to force the door toward the open position against the force of magnetic attraction; [0070]; door 440 is pivotally coupled to the backing portion 450 to allow the attachment mechanism 424 to be provided in an open position; [0066]; & door 440 pivotable about an axis different from the hinge axis, in cases in which the temple is hinged; [0066]), so that the engagement members engage the lens assembly (portion of the carrier 422 secured between the door 440 and backing portion 450 thus retaining the lens in attachment to the frame; [0067]),
the engagement members (doors 440; [0066]) are moved toward and away (door 440 automatically returns to the closed position under the force of magnetic attraction, as shown in fig. 17c; [0072] & door 440 to force the door toward the open position against the force of magnetic attraction; [0070]) from the front frame (frame 430 comprising front portion 436; [0063]; fig. 13a) while performing the opening and closing motions of the temples (temples 432 pivotally connected to the front portion 436 of frame 430; [0063] & attachment mechanism, configured to open and close automatically by the cooperation of components; [0072]), such that each of the engagement members (doors 440; [0066]; fig. 13a & 15-16) engages the lens assembly (pair of lenses 412, each of the lenses 412 form part of a lens assembly 410; portion of the carrier 422 secured between the door 440 and backing portion 450 thus retaining the lens in attachment to the frame; [0063-64], [0067]) when each corresponding one of the temples (temples 432; [0063]) is in open state (open state of temples 432 as seen in fig. 13a, wherein doors 440 are engaged with lens 412 of lens assembly 410; [0066-70]) to suppress the lens assembly (pair of lenses 412, each of the lenses 412 form part of a lens assembly 410; [0063-64]) from falling from the front frame (frame 430 comprising front portion 436; [0063]; as seen in figs. 13a, 17a-c).
The eyewear 400 embodiment of Thorsell does not appear to explicitly teach the following limitations: each temple of the pairs of temples having a first end and a second end, the first end being distal from the lens assembly and a second end adjacent the front frame, the second end being integral with a respective engagement member of the engagement members, such that opening and closing of the temples provides simultaneous movement of the engagements members toward and away from the front frame.
However, in another embodiment (eyewear 200), Thorsell further teaches each temple (as seen in fig. 12b) of the pairs of temples (temples 232; [0037]) having a first end (distal portions 232-2 of the temples; [0037]; fig. 4) and a second end (lever portion 240; [0036]), the first end (distal portions 232-2 of the temples; [0037]) being supported at the ears of a wearer and distal from the lens assembly (distal portions 232-2 of temple designed to rest against user's head and/or ears; lens assembly 210 includes a lens 212; [0028], [0036]; fig. 4) and a second end (lever portion 240; [0036]) adjacent the front frame (frame 230; [0065]; fig. 4 and 12b), the second end (lever portion 240; [0036]) being integral (as seen in fig. 12b) with a respective engagement member (engagement side 244; [0053]) of the engagement members (engagement sides 244 and 254; [0053]), such that opening and closing of the temples (opening and closing temples as seen in figs. 12a-b) provides simultaneous movement (lever portion 240 comprising engagement side 244 is pivoted toward the open position and is able to automatically snap back to the closed position; [0052-54], effortless slidable engagement of the temple to lens assembly; [0062]) of the engagements members (engagement sides 244 and 254; [0053]) toward and away from the front frame (e.g., user may fold the temple 232 back towards the folded or stowage configuration of the eyewear, as shown by arrow 204, pivoting the temple back in direction 204 exposes a lever end of the lever portion 240 comprising engagement side 244; [0054] and [0061], lever portion 240 to pivot outward in a direction away from the lens in direction 202; [0062]; figs 11b and 12b).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the eyewear 400 embodiment of Thorsell to include the technical feature of an engagement side of a lever portion being exposed upon closing the temples of an eyewear frame, for the purpose of allowing a lever portion to clear a distal end of a carrier in order to facilitate automatic return of said lever portion to a closed position, and while facilitating effortless attachment and detachment of a temple to a carrier to provide a better user experience, as taught by Thorsell ([0061-62]).
Furthermore, Examiner notes a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Ex parte Masham, 2 USPQ2d - 164 7 (1987). Examiner also notes that when the structure of a claimed system is the same as that claimed, it must inherently perform the same function. In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432. See also Bettcher Industries, Inc. v. Bunzl USA, Inc., 661 F.3d 629, 639-40,100 USPQ2d 1433, 1440 (Fed. Cir. 2011).
With respect to Claim 2, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 1, wherein each of the engagement members (doors 440; [0066]; fig. 13a & 15-16) is provided to a front frame (frame 430 comprising front portion 436; [0063]; fig. 13a) side end of each corresponding one of the temples (doors 440 provided to front frame side end of temples 432 as seen in fig. 13a; [0066-70]).
With respect to Claim 3, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 1, wherein each of the engagement members (doors 440; [0066]; fig. 13a & 15-16) is engageable with the lens assembly (portion of the carrier 422 secured between the door 440 and backing portion 450 thus retaining the lens in attachment to the frame; [0067]) when each corresponding one of the temples (temples 432) is in open state (open state of temples 432 as seen in fig. 13a, wherein doors 440 are engaged with lens 412 of lens assembly 410; [0066-70]).
With respect to Claim 4, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 1, wherein each of the connected parts (carrier 422 of magnetic attachment assembly 420; [0064]) and each corresponding one of the engagement members (doors 440; [0066]) at least partly overlap with each other (carrier 422 and doors 440 partly overlap as seen in fig. 13a) when the lens assembly is seen in the direction toward the front side of the lens assembly (front side of the lens assembly 410 as seen in fig. 13a), in a state where the lens assembly (lens 412 of lens assembly 410; [0063-70]) is attached to the front frame (frame 430 comprising front portion 436; [0063-70]) and each of the engagement members (doors 440; [0063-70]) engages with the lens assembly (a portion of the carrier 422 may be secured between the door 440 and backing portion 450 thus retaining the lens in attachment to the frame; [0067]).
With respect to Claim 5, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 1, wherein the lens assembly (lens 412 of lens assembly 410; [0063-70]) is located on the front side of the front frame (lens 410 located on front side of frame 430 comprising front portion 436 as seen in fig. 13a; [0063-70]), and each of the engagement members (doors 440; [0063-70]) presses each corresponding one of the connected parts toward the front frame (backing portion 450 to urge the door 440 toward the backing portion 450 & when the door is in the closed position a portion of the carrier 422 is secured between the door 440 and backing portion 450 retaining the lens in attachment to the frame, and thus, doors 440 presses carrier 422 towards front frame; [0067]) in a state where the engagement members engage with the lens assembly (doors 440 engage with lens 412 of lens assembly 410; [0067]; fig. 13a, 15-16).
With respect to Claim 6, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 1, wherein a magnet (pair of magnetic materials e.g., a pair of magnets, or a magnet and a piece of ferromagnetic material; [0067]) is provided to any one of each one of the connecting parts and each corresponding one of the connected parts (provided to magnetic attachment mechanism 424; [0067]), while a magnetic substance to which the magnet is attracted (magnetic material arranged with respect to 456; [0068]) is provided to be disposed at the remaining one of the connecting part and the connected part (the magnetic material does not protrude above the engagement side 454, in this manner, the carrier 422 can slide unobstructed into the cavity 465 when coupling the lens assembly 410 to the frame 430; [0068]; & carrier 422 is configured to engage a magnetic attachment mechanism; [0065]).
With respect to Claim 7, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 1, wherein the lens assembly (lens 412 of lens assembly 410; [0063-70]) has a right eye part (right portion of pair of lenses 412 as seen in fig. 13a; [0065]) and a left eye part (left portion of pair of lenses 412 as seen in fig. 13a; [0065]) integrally formed with each other (each lens 412 includes another extension 426 at the opposite (e.g., medial end 414b) of the lens, and thus, the right portion and left portion of pair of lenses 412 of lens assembly 410 is integrally formed with each other as seen in fig. 14; [0065] & [0026]).
With respect to Claim 8, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 2, wherein each of the engagement members (doors 440; [0066]; fig. 13a & 15-16) is engageable with the lens assembly (portion of the carrier 422 secured between the door 440 and backing portion 450 thus retaining the lens in attachment to the frame; [0067]) when each corresponding one of the temples (temples 432) is in open state (open state of temples 432 as seen in fig. 13a, wherein doors 440 are engaged with lens 412 of lens assembly 410; [0066-70]).
With respect to Claim 9, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 2, wherein each of the connected parts (carrier 422 of magnetic attachment assembly 420; [0064]) and each corresponding one of the engagement members (doors 440; [0066]) at least partly overlap with each other (carrier 422 and doors 440 partly overlap as seen in fig. 13a) when the lens assembly is seen in the direction toward the front side of the lens assembly (front side of the lens assembly 410 as seen in fig. 13a), in a state where the lens assembly (lens 412 of lens assembly 410; [0063-70]) is attached to the front frame (frame 430 comprising front portion 436; [0063-70]) and each of the engagement members (doors 440; [0063-70]) engages with the lens assembly (a portion of the carrier 422 may be secured between the door 440 and backing portion 450 thus retaining the lens in attachment to the frame; [0067]).
With respect to Claim 10, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 2, wherein the lens assembly (lens 412 of lens assembly 410; [0063-70]) is located on the front side of the front frame (lens 410 located on front side of frame 430 comprising front portion 436 as seen in fig. 13a; [0063-70]), and each of the engagement members (doors 440; [0063-70]) presses each corresponding one of the connected parts toward the front frame (backing portion 450 to urge the door 440 toward the backing portion 450 & when the door is in the closed position a portion of the carrier 422 is secured between the door 440 and backing portion 450 retaining the lens in attachment to the frame, and thus, doors 440 presses carrier 422 towards front frame; [0067]) in a state where the engagement members engage with the lens assembly (doors 440 engage with lens 412 of lens assembly 410; [0067]; fig. 13a, 15-16).
With respect to Claim 11, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 2, wherein a magnet (pair of magnetic materials (e.g., a pair of magnets, or a magnet and a piece of ferromagnetic material); [0067]) is provided to any one of each one of the connecting parts and each corresponding one of the connected parts (provided to magnetic attachment mechanism 424; [0067]), while a magnetic substance to which the magnet is attracted (magnetic material arranged with respect to 456; [0068]) is provided to the remaining one of the connecting part and the connected part (the magnetic material does not protrude above the engagement side 454, in this manner, the carrier 422 can slide unobstructed into the cavity 465 when coupling the lens assembly 410 to the frame 430; [0068]; & carrier 422 is configured to engage a magnetic attachment mechanism; [0065]).
With respect to Claim 12, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 3, wherein each of the connected parts (carrier 422 of magnetic attachment assembly 420; [0064]) and each corresponding one of the engagement members (doors 440; [0066]) at least partly overlap with each other (carrier 422 and doors 440 partly overlap as seen in fig. 13a) when the lens assembly is seen in the direction toward the front side of the lens assembly (front side of the lens assembly 410 as seen in fig. 13a), in a state where the lens assembly (lens 412 of lens assembly 410; [0063-70]) is attached to the front frame (frame 430 comprising front portion 436; [0063-70]) and each of the engagement members (doors 440; [0063-70]) engages with the lens assembly (a portion of the carrier 422 may be secured between the door 440 and backing portion 450 thus retaining the lens in attachment to the frame; [0067]).
With respect to Claim 13, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 3, wherein the lens assembly (lens 412 of lens assembly 410; [0063-70]) is located on the front side of the front frame (lens 410 located on front side of frame 430 comprising front portion 436 as seen in fig. 13a; [0063-70]), and each of the engagement members (doors 440; [0063-70]) presses each corresponding one of the connected parts toward the front frame (backing portion 450 to urge the door 440 toward the backing portion 450 & when the door is in the closed position a portion of the carrier 422 is secured between the door 440 and backing portion 450 retaining the lens in attachment to the frame, and thus, doors 440 presses carrier 422 towards front frame; [0067]) in a state where the engagement members engage with the lens assembly (doors 440 engage with lens 412 of lens assembly 410; [0067]; fig. 13a, 15-16).
With respect to Claim 14, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 3, wherein a magnet (pair of magnetic materials (e.g., a pair of magnets, or a magnet and a piece of ferromagnetic material); [0067]) is provided to any one of each one of the connecting parts and each corresponding one of the connected parts (provided to magnetic attachment mechanism 424; [0067]), while a magnetic substance to which the magnet is attracted (magnetic material arranged with respect to 456; [0068]) is provided to the remaining one of the connecting part and the connected part (the magnetic material does not protrude above the engagement side 454, in this manner, the carrier 422 can slide unobstructed into the cavity 465 when coupling the lens assembly 410 to the frame 430; [0068]; & carrier 422 is configured to engage a magnetic attachment mechanism; [0065]).
With respect to Claim 15, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 4, wherein the lens assembly (lens 412 of lens assembly 410; [0063-70]) is located on the front side of the front frame (lens 410 located on front side of frame 430 comprising front portion 436 as seen in fig. 13a; [0063-70]), and each of the engagement members (doors 440; [0063-70]) presses each corresponding one of the connected parts toward the front frame (backing portion 450 to urge the door 440 toward the backing portion 450 & when the door is in the closed position a portion of the carrier 422 is secured between the door 440 and backing portion 450 retaining the lens in attachment to the frame, and thus, doors 440 presses carrier 422 towards front frame; [0067]) in a state where the engagement members engage with the lens assembly (doors 440 engage with lens 412 of lens assembly 410; [0067]; fig. 13a, 15-16).
With respect to Claim 16, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear according to Claim 4, wherein a magnet (pair of magnetic materials (e.g., a pair of magnets, or a magnet and a piece of ferromagnetic material); [0067]) is provided to any one of each one of the connecting parts and each corresponding one of the connected parts (provided to magnetic attachment mechanism 424; [0067]), while a magnetic substance to which the magnet is attracted (magnetic material arranged with respect to 456; [0068]) is provided to the remaining one of the connecting part and the connected part (the magnetic material does not protrude above the engagement side 454, in this manner, the carrier 422 can slide unobstructed into the cavity 465 when coupling the lens assembly 410 to the frame 430; [0068]; & carrier 422 is configured to engage a magnetic attachment mechanism; [0065]).
With respect to Claim 17, Thorsell discloses an eyewear (eyewear 400; [0003-75]; fig. 1-18d) comprising:
a front frame (frame 430 comprising front portion 436; [0063]; fig. 13a) having a pair of connecting parts (magnetic attachment mechanism 424 of magnetic attachment assembly 420 coupled to temples 432; [0064]);
a pair of temples (temples 432; [0063]) connected to the front frame (temples 432 connected to front portion 436 of frame 430; [0063]), the pair of temples configured (temples 432 pivoting; [0063]) to be openable and closeable (attachment mechanism, configured to open and close automatically by the cooperation of components; [0072]) relative to the front frame (temples 432 pivotally connected to the front portion 436 of frame 430; [0063]);
a lens assembly (pair of lenses 412, each of the lenses 412 form part of a lens assembly 410; [0063-64]) having a light transmission part for transmitting light (lens 212 of fig. 2 comprising one or more compounds and/or coatings configured to impart light transmittance characteristics as may be desired or suitable for a particular application—fig. 2 of eyewear being in accordance with some examples of the present disclosure ([0005]), and thus lens 412 having light transmittance characteristics; [0038]; & the lens may be made from polycarbonate (PC—light transmittable/transparent material), acrylic, or other materials which can provide suitable optical qualities (e.g., optical clarity) to the optical portion of the eyewear; [0026]), and a pair of connected parts (carrier 422 of magnetic attachment assembly 420 attached to one end of each lens 412; [0064]) to be respectively connected to the connecting parts (removably attaching each of the lenses 412 to the frame 430, including magnetic attachment mechanism 424 coupled to each of the temples 432, and a carrier 422 attached to one end of each lens 412; [0064]), so that the lens assembly can be detachably attached to the front frame (removably attaching each of the lenses 412 to the frame 430; [0064]); and
a pair of engagement members (doors 440; [0066]; fig. 13a & 15-16) respectively provided to the temples (door 440 pivotally coupled to the backing portion 450 wherein the backing portion 450 is part of the front portion 436 or the temple 432 and thus be rigidly connected to or integrally formed therewith; [0066]), the pair of engagement members (doors 440; [0066]) configured to move toward (door 440 automatically returns to the closed position under the force of magnetic attraction, as shown in fig. 17c; [0072]) and away from the front frame due to opening and closing motions of the temples (the door 440 to force the door toward the open position against the force of magnetic attraction; [0070]; door 440 is pivotally coupled to the backing portion 450 to allow the attachment mechanism 424 to be provided in an open position; [0066]; & door 440 pivotable about an axis different from the hinge axis, in cases in which the temple is hinged; [0066]), so that the engagement members engage the lens assembly (portion of the carrier 422 secured between the door 440 and backing portion 450 thus retaining the lens in attachment to the frame; [0067]),
the engagement members integrally provided to the temples (door 440 pivotally coupled to backing portion 450 & backing portion 450 is part of front portion 436 or temple 432 and thus is rigidly connected to or integrally formed therewith, door 440 coupled to backing portion 450 is integrally provided to temple 432; [0066]), such that each of the engagement members (doors 440; [0066]; fig. 13a & 15-16) engages the lens assembly (pair of lenses 412, each of the lenses 412 form part of a lens assembly 410; portion of the carrier 422 secured between the door 440 and backing portion 450 thus retaining the lens in attachment to the frame; [0063-64], [0067]) when each corresponding one of the temples (temples 432; [0063]) is in open state (open state of temples 432 as seen in fig. 13a, wherein doors 440 are engaged with lens 412 of lens assembly 410; [0066-70]) to suppress the lens assembly (pair of lenses 412, each of the lenses 412 form part of a lens assembly 410; [0063-64]) from falling from the front frame (frame 430 comprising front portion 436; [0063]; as seen in figs. 13a, 17a-c).
The eyewear 400 embodiment of Thorsell does not appear to explicitly teach the following limitations: each temple of the pairs of temples having a first end and a second end, the first end being distal from the lens assembly and a second end adjacent the front frame, the second end being integral with a respective engagement member of the engagement members, such that opening and closing of the temples provides simultaneous movement of the engagements members toward and away from the front frame.
However, in another embodiment (eyewear 200), Thorsell further teaches each temple (as seen in fig. 12b) of the pairs of temples (temples 232; [0037]) having a first end (distal portions 232-2 of the temples; [0037]; fig. 4) and a second end (lever portion 240; [0036]), the first end (distal portions 232-2 of the temples; [0037]) being supported at the ears of a wearer and distal from the lens assembly (distal portions 232-2 of temple designed to rest against user's head and/or ears; lens assembly 210 includes a lens 212; [0028], [0036]; fig. 4) and a second end (lever portion 240; [0036]) adjacent the front frame (frame 230; [0065]; fig. 4 and 12b), the second end (lever portion 240; [0036]) being integral (as seen in fig. 12b) with a respective engagement member (engagement side 244; [0053]) of the engagement members (engagement sides 244 and 254; [0053]), such that opening and closing of the temples (opening and closing temples as seen in figs. 12a-b) provides simultaneous movement (lever portion 240 comprising engagement side 244 is pivoted toward the open position and is able to automatically snap back to the closed position; [0052-54], effortless slidable engagement of the temple to lens assembly; [0062]) of the engagements members (engagement sides 244 and 254; [0053]) toward and away from the front frame (e.g., user may fold the temple 232 back towards the folded or stowage configuration of the eyewear, as shown by arrow 204, pivoting the temple back in direction 204 exposes a lever end of the lever portion 240 comprising engagement side 244; [0054] and [0061], lever portion 240 to pivot outward in a direction away from the lens in direction 202; [0062]; figs 11b and 12b).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the eyewear 400 embodiment of Thorsell to include the technical feature of an engagement side of a lever portion being exposed upon closing the temples of an eyewear frame, for the purpose of allowing a lever portion to clear a distal end of a carrier in order to facilitate automatic return of said lever portion to a closed position, and while facilitating effortless attachment and detachment of a temple to a carrier to provide a better user experience, as taught by Thorsell ([0061-62]).
Furthermore, Examiner notes a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Ex parte Masham, 2 USPQ2d - 164 7 (1987). Examiner also notes that when the structure of a claimed system is the same as that claimed, it must inherently perform the same function. In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432. See also Bettcher Industries, Inc. v. Bunzl USA, Inc., 661 F.3d 629, 639-40,100 USPQ2d 1433, 1440 (Fed. Cir. 2011).
With respect to Claim 18, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear (eyewear 400; [0003-75]; fig. 1-18d) according to claim 1, wherein each of the engagement members (doors 440; [0066]; fig. 13a & 15-16) presses (doors 440 press lenses 412 from front of frame; as seen in figs. 17a-c) the lens assembly (pair of lenses 412, each of the lenses 412 form part of a lens assembly 410; [0063-64]) from the front side when each corresponding one of the temples (temples 432; [0063]) is in open state (open state of temples 432 as seen in fig. 13a, wherein doors 440 are engaged with lens 412 of lens assembly 410; [0066-70]).
With respect to Claim 19, Eyewear 400 in view of Eyewear 200 of Thorsell teaches the eyewear (eyewear 400; [0003-75]; fig. 1-18d) according to claim 17, wherein each of the engagement members (doors 440; [0066]; fig. 13a & 15-16) presses (doors 440 press lenses 412 from front of frame; as seen in figs. 17a-c) the lens assembly (pair of lenses 412, each of the lenses 412 form part of a lens assembly 410; [0063-64]) from the front side when each corresponding one of the temples (temples 432; [0063]) is in open state (open state of temples 432 as seen in fig. 13a, wherein doors 440 are engaged with lens 412 of lens assembly 410; [0066-70]).
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 K MUHAMMAD whose telephone number is (571)272-4210. The examiner can normally be reached Monday - Thursday 1:00pm - 9:30pm EDT.
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/K MUHAMMAD/Examiner, Art Unit 2872 29 May 2026
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872
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