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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03 September 2025 has been entered.
Response to Arguments
Applicant's arguments filed 09 December 2025 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).
In response to the applicant's argument that "The cited art fails to disclose such eyewear. In particular, the Office Action suggests the doors 440 are engagement members and that the doors 440 in Thorsell move toward and away from the front frame due to opening and closing motions of the temples," the Examiner traverses. Applicant’s arguments have been considered but are moot because the new ground of rejection, necessitated by amendment, does not rely on the same teaching or matter specifically challenged in the argument. Furthermore, the cited art explicitly teaches the newly amended subject matter in independent Claims 1 and 17. Examiner has provided figure 5 of the instant application as well as figure 12b of Thorsell seen below.
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Thus, eyewear 200 of Thorsell 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 (distal portion of temple designed to rest against user's head and/or ears; [0028]; 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, the Office Action further suggests that since the door 440 in Thorsell can be forced to the open position against the force of the magnetic attraction when the temples are open, that Thorsell discloses that engagement members are moved away from the front frame while performing the opening and closing motions of the temples," the Examiner traverses. Applicant’s arguments have been considered but are moot because the new ground of rejection, necessitated by amendment, does not rely on the same teaching or matter specifically challenged in the argument. See previous argument recited above.
In response to the applicant's argument that "Applicant submits that even assuming the position in the Office Action is correct, this structure is distinct from the structure more recited in claims 1 and 17 of this application. That is, the claims now require that the second end is 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," the Examiner traverses. Applicant’s arguments have been considered but are moot because the new ground of rejection, necessitated by amendment, does not rely on the same teaching or matter specifically challenged in the argument. See arguments recited above.
In response to the applicant's argument that "In Thorsell ,the door 440 is clearly not an integral portion of the temple such that opening and closing of the temples provides simultaneous movement of the doors 440 (engagement members) toward and away from the front frame," the Examiner traverses. Applicant’s arguments have been considered but are moot because the new ground of rejection, necessitated by amendment, does not rely on the same teaching or matter specifically challenged in the argument. See arguments recited above.
In response to the applicant's argument that "Accordingly, Applicant submits that Thorsell fails to disclose a second end that is 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," the Examiner traverses. Applicant’s arguments have been considered but are moot because the new ground of rejection, necessitated by amendment, does not rely on the same teaching or matter specifically challenged in the argument. See arguments recited above.
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, "first end bein 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “each temple of the pairs of temples having a first end and a second end, the first end being configured to supported at the ears of a wearer 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” is not supported by the as-filed specification.
Claim Objections
Claims 1-17 are objected to because of the following informalities:
With respect to Claims 1 and 17, “the first end being configured to supported at the ears of a wearer” is grammatically incorrect.
Appropriate correction is required.
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.
Claim 1-17 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 and 17, [a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011), Katz, 639 F.3d at 1318, 97 USPQ2d at 1749 (citing IPXL Holdings v. Amazon.com, Inc., 430 F.3d 1377, 1384, 77 USPQ2d 1140, 1145 (Fed. Cir. 2005). See MPEP § 2173.05(p).
In the current instance, “the first end being configured to supported at the ears of a wearer” recites and relies on using the claimed eyewear apparatus. In other words, the newly amended limitation does not clearly define a structural characteristic of the temple itself, but instead describes the intended manner of us by a wearer. Pursuant MPEP § 2173.05(p), infringement could turn on how the eyewear is worn, rather than on the recitation of a definite structural feature of the apparatus. This creates ambiguity as to whether infringement is determined by making the device or by a user’s act of wearing the device.
Thus, it is unclear whether infringement occurs when one creates a system that allows the temple to be supported at a wearer’s ears, or whether infringement occurs when a wearer actually wears the eyewear such that the temple is supported at the ears. See Ex parte Lyell, 17 USPQ2d 1548 (Bd. Pat. App. & Inter. 1990) & MPEP § 2173(p).
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 1-17 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]).
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 configured to supported at the ears of a wearer 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 (distal portion of temple designed to rest against user's head and/or ears; [0028]; 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]),
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 configured to supported at the ears of a wearer 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 (distal portion of temple designed to rest against user's head and/or ears; [0028]; 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Calilung et al. US 20160216533 A1 discloses mounting mechanism for eyewear substantially similar to that of the claimed invention. 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 15 January 2026
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872