--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 .
Election/Restrictions
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/30/2025.
Applicant's election with traverse of claims 1-12 in the reply filed on 9/30/2025 is acknowledged. The traversal is on the ground(s) that Applicant argues that claims 1-18 together because all these claims relate to subject matter relating to a frame that is at least partially compostable and/or compostable. This is found persuasive. The Examiner agrees with the Applicant and claims 1-18 will be examined below.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 7-9, 13-15, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakano, Tomihito et al. (JP H08146355), hereinafter Nakano.
Regarding claims 1 and 13, Nakano discloses Eyeglasses (spectacles) (paragraphs 0001, 0018, and 0025), comprising: a frame that is at least partially compostable and/or biodegradable (biodegradable; paragraphs 01008 and 0027), and at least one lens that may be dissolvable, compostable and/or biodegradable in water (biodegradable; paragraphs 0007 and 0025).
Regarding claim 7, Nakano discloses having no metal part (paragraph 0008 discloses the frame is made of biodegradable resin) (Examiner notes that biodegradable resin does not contain metal).
Regarding claim 8, Nakano discloses capable of being formed for customizable fit on a human being’s face (paragraph 0037 discloses glasses are fitted on the face and will not deform or deviate).
Regarding claim 9, Nakano discloses having a riveting portion, a ball hinge portion, a ball lock system, or a loose, no snap hinge (paragraph 15).
Regarding claim 14, Nakano discloses wherein the visual improvement device is a frame of eyeglasses (spectacles; paragraph 0018).
Regarding claim 15, Nakano discloses installed with at least one lens (figure 4 and paragraph 0018).
Regarding claim 17, Nakano discloses wherein the lens is comprised of no plant-based material (paragraph 0002).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2-6, 10, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakano, Tomihito et al. (JP H08146355), hereinafter Nakano as applied to claim 1 above, and further in view of Ding Y (CN 109354991), hereinafter Ding.
Regarding claims 2 and 18, Nakano discloses all the limitations in common with claim 1, and such is hereby incorporated.
Nakano does not disclose wherein the frame is made from a plant-based material.
Nakano and Ding are related as eyeglass frames.
Ding discloses wherein the frame is made from a plant-based material (paragraph 13).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Nakano with the hemp fiber of Ding for the purpose of its durability, stiffness, and lightweight properties.
Regarding claim 3, Ding discloses wherein the plant-based material is made from or derived from hemp (paragraph 13).
Regarding claim 4, Ding discloses wherein the plant-based material is substantially free from tetrahydrocannabinol (THC) (paragraph 13 discloses the use of hemp fibers) (Examiner notes that hemp discloses approximately 0.3% of THC and is therefore substantially free of THC).
Regarding claim 5, Ding discloses containing no detectable amount of THC (paragraph 13 discloses the use of hemp fibers) (Examiner notes that not all hemp discloses THC and the hemp that does only contains approximately 0.3% and therefore THC may not be detectable).
Regarding claim 6, Ding discloses wherein the plant-based material is fibrous (paragraph 13 discloses the use of hemp fibers) (Examiner notes the hemp is a plant).
Regarding claim 10, Ding discloses wherein the entire frame consists essentially of a hemp material (paragraph 13).
Claim(s) 11-12 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakano, Tomihito et al. (JP H08146355), hereinafter Nakano as applied to claim 1 above, and further in view of (JP H0799412), hereinafter ‘412.
Regarding claim 11, Nakano discloses all the limitations in common with claim 1, and such is hereby incorporated.
Nakano does not disclose further comprising a luxury accessory.
Nakano and ‘412 are related as spectacle frames.
‘412 discloses further comprising a luxury accessory (paragraph 7 discloses the use of gems, precious metal, accessories and the like).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Nakano with the luxury accessory of ‘412 for the purpose of embellishing the frames of the spectacles.
Regarding claim 12, ‘412 discloses wherein the luxury accessory is comprised of a precious metal (paragraph 7 discloses the use of gems, precious metal, accessories and the like).
Regarding claim 16, ‘412 discloses installed with a removable lens (paragraph 13).
Conclusion
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/BRANDI N THOMAS/ Primary Examiner, Art Unit 2872