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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/23/2026 has been entered.
Response to Amendment
Receipt is acknowledged of the amendment filed 3/23/2026. Claims 1, 2, 4, 5, 8, and 20 are amended and claims 1-8 and 18-23 are currently pending.
Claim Objections
Applicant is advised that should claim 6 be found allowable, claim 8 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 112
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 20 and 23 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.
Claim 20 recites “all of the first temple, the second temples and the frame comprise the color changing element”. The above-identified language does not clearly define the metes and bounds of the invention. In particular, it is unclear if the phrasing intends to limit all of the portions of each the first temple, the second temple, and the frame comprise color changing or if all of the list of the first temple, the second temple, and the frame comprise color changing. Alternatively, as the color changing element is recited in the singular, it is unclear if the phrasing merely limits there being a single color changing element among the first temple, the second temple, and the frame. For the purpose of examination herein, the claim will be understood as including any of the above-identified interpretations.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-8 and 18-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PG Pub. 2021/0341749 to Coles (hereinafter Coles).
Regarding claim 1, Coles discloses a dynamic glasses frame (Figs. 1-6), comprising: at least one frame member (Figs. 1-6) comprising a color changing element (“coating layer 28 changes colors with the user's body temperature and may comprise a plurality of thermotropic liquid crystals 30 within an outer transparent membrane 32”; [0020]) comprising a thermochromic material (“coating layer 28 changes colors with the user's body temperature and may comprise a plurality of thermotropic liquid crystals 30 within an outer transparent membrane 32”; [0020]) configured to change from at least one first color to at least one second color in response to a stimulus outside the glasses frame (“coating layer 28 changes colors with the user's body temperature and may comprise a plurality of thermotropic liquid crystals 30 within an outer transparent membrane 32”; [0020]) comprising temperature ([0020]), wherein the color change of the at least one frame member occurs once a predetermined stimulus threshold is reached ([0021]).
Regarding claims 2 and 18-19, Coles discloses the color changing element is integrated into and/or embedded within the at least one frame member (“coating layer 28 changes colors with the user's body temperature and may comprise a plurality of thermotropic liquid crystals 30 within an outer transparent membrane 32”, Fig. 6; [0020]).
Regarding claim 3, Coles discloses the color changing element is at least partially embedded into the at least one frame member (frame is the combination of core 26, and coating layer 28 with thermotropic liquid crystals 30 and membrane 32, Fig. 6; [0020]).
Regarding claims 4 and 21, Coles discloses configured to change color due to change in ambient temperature within a localized environment, and wherein the color change occurs once a predetermined temperature threshold is reached within the localized environment (“coating layer 28 changes colors with the user's body temperature and may comprise a plurality of thermotropic liquid crystals 30 within an outer transparent membrane 32”, Fig. 6; [0020]).
Regarding claims 5 and 22, Coles discloses the dynamic glasses are being worn by the wearer, the at least one frame member is proximal to the body of a wearer and the color changing element is configured to change the color of at least one frame member due to change in ambient temperature within the body of the wearer, and wherein the color change occurs once a predetermined temperature threshold is reached within the body of the wearer (“coating layer 28 changes colors with the user's body temperature and may comprise a plurality of thermotropic liquid crystals 30 within an outer transparent membrane 32”, Fig. 6; [0020]). It is noted that “color change occurs once a predetermined temperature threshold is reached within the body of the wearer” is interpreted as only requiring a structure changing color due to “localized temperature due to proximity to the wearer's body”. In other words, “within the body of the wearer” is understood to include a temperature on the surface of the wearer in proximity to a thermochromic material.
Regarding claims 6 and 8, Coles discloses the at least one frame element includes a first temple, a second temple, and a frame (“a glasses frame 12 including a pair of rim portions 14 and a bridge portion 16 extending between the pair of rim portions 14… pair of temples 24 is coupled to the pair of end pieces 18”, Figs. 1-5).
Regarding claim 7, Coles discloses the frame is coupled to one or more lenses (lenses 34, Figs. 1-5)
Regarding claim 18, Coles discloses the color changing element is integrated into the at least one frame member (“coating layer 28 changes colors with the user's body temperature and may comprise a plurality of thermotropic liquid crystals 30 within an outer transparent membrane 32”, Fig. 6; [0020]).
Regarding claims 20 and 23, Coles discloses all of the first temple, the second temple and the frame comprise the color changing element (“glasses frame 12, the pair of end pieces 18, and the pair of temples 24 each have an inner core 26 and a coating layer 28 continuously disposed around the inner core 26”, Figs. 1-6).
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pat. 6,622,816 discloses energy-activates wearables, including eyewear, inclusive of thermochromic pigments activating with body temperature. JP 2004-125888, CN 203519930, discloses thermochromic frames and temples of eyewear. US Pat. 10,881,157 and 10,973,267 discloses protective eyewear with a frame and temples and integrated thermochromic material.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J STANFORD whose telephone number is (571)270-3337. The examiner can normally be reached 8AM-4PM PST M-F.
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/CHRISTOPHER STANFORD/Primary Examiner, Art Unit 2872