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 with respect to claim(s) 1-23 have been considered but are moot because the new ground of rejection does not rely on the same references applied in the prior rejection of record for any teaching or matter specifically challenged in the arguments. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Please see rejections below in the present Office action.
Examiner reminds the applicant that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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 11-23 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.
With respect to Claims 11 and 13, the sentences recite “a front portion having…a length extending from a first end to a second end,” “a first end of the front portion,” and “a second end of the front portion” which seems to be ambiguous in definition. It is unclear how the phrases should be interpreted and it is unclear as to what the metes and bounds of the above claim limitations are and would be needed to meet the above claim limitations.
These recitations are unclear because they refer to “a first end” and “a second end” both as defining the length of the front portion and again as separate elements, and thus, it is uncertain whether the claims refer to only two (2) ends in total or introduces additional, distinct ends. This unclear antecedent basis and inconsistency prevents a person having ordinary skill in the art from determining the claim’s scope with reasonable certainty. Since the scope cannot be ascertained, the claim limitations are indefinite.
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 a pair of spectacles and a frame for spectacles.
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 1-8 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Eberle et al. WO 2013110205 A1 (see machine translation; herein after "Eberle") in view of Esmaeili US 20150168741 A1.
With respect to Claim 1, Eberle discloses a frame (glasses frame 101; [0083]) for spectacles (glasses 111; [0083]), the frame ([0083]; fig. 6) comprising:
a front portion (frame 102; fig. 8a), the front portion defining at least one opening configured to hold a lens (opening as seen in fig. 6 which accommodates glasses lenses 108a, 108b; [0083]);
a first connecting member (retaining bracket 103a of pivot element 104; [0084]);
a second connecting member (retaining bracket 103b of pivot element 104; [0084]);
a first temple arm (functional arm 105a on 103a side of glasses; [0086]) having a first end (end portion 107b; [0086]) that is coupled to a first end (stop element 109b; [0084]; fig. 7) of the first connecting member (103a of 104; [0084]; fig. 7) by a first hinge (first hinge side element 112a; [0086]; fig. 8a); and
a second temple arm (functional arm 105a on 103b side of glasses; fig, 6) having a first end (another end portion 107b; [0086]; fig. 6) that is coupled to a first end (another stop element 109b; [0084]; fig. 6) of the second connecting member (103b of 104; [0084]) by a second hinge (second hinge side element 112b; [0086]; fig. 6);
wherein the first connecting member (retaining bracket 103a of pivot element 104; [0084]) is coupled to the first end (end stop 116 on 103a side of glasses; [0090]) of the front portion (frame 102; fig. 8a) by a third hinge (groove-shaped recess 114 on 103a side of glasses; [0090]; fig. 8b), and wherein the second connecting member (103b of 104; [0084]) is coupled to the second end (end stop 116 on 103b side of glasses; [0090]) of the front portion (frame 102; fig. 8a) by a fourth hinge (groove-shaped recess 114 on 103b side of glasses; [0090]; fig. 8b),
wherein the first temple arm (functional arm 105a on 103a side of glasses; [0086]) is rotatable (pivots about the rotation axis D1; [0090]), relative to the first connecting member (103a of 104; [0084]), about a first pivot axis (rotation axis D1 on 103a side of glasses; fig. 9), and wherein the second temple arm (functional arm 105a on 103b side of glasses; fig, 6) is rotatable (pivots about the rotation axis D1; fig. 9), relative to the second connecting member (retaining bracket 103b of pivot element 104; [0084]), about a second pivot axis (rotation axis D1 on 103b side of glasses; fig. 8b-9),
wherein the first pivot axis (rotation axis D1 on 103a side of glasses; fig. 9) and the second pivot axis (rotation axis D1 on 103b side of glasses; fig. 8b-9) are substantially parallel to each other (fig. 8b-9) and positioned at an angle (fig. 8a) relative to a length of the first temple arm (arm 105a on 103a; [0086]) and a length of the second temple arm (arm 105a on 103b; fig, 6), respectively (fig. 6-9),
wherein the first connecting member (retaining bracket 103a of pivot element 104; [0084]) and the second connecting member (retaining bracket 103b of pivot element 104; [0084]) are rotatable (pivotable retaining brackets 103a, 103b are each connected to the spectacle frame 102 via a pivot arrangement; [0083]; pivot element 104 rotating as seen in fig. 9), relative to the front portion (frame 102; fig. 8a), about a third pivot axis (joint axis 109a; [0084]), and
wherein the third pivot axis (joint axis 109a; [0084]) is positioned at an angle relative to the first pivot axis (rotation axis D1 on 103a side of glasses; fig. 7) and the second pivot axis (rotation axis D1 on 103b side of glasses; fig. 8b-9).
Eberle does not appear to explicitly teach the following limitations wherein a front portion has a first side, an opposed second side, and a length extending from a first end to a second end, the third pivot axis extending parallel to the length of the front portion, between a first wearable configuration and a second wearable configuration, wherein the first side of the front portion faces toward a face of the user when the first connecting member and the second connecting member are in the first wearable configuration, and the second side of the front portion faces toward the face of the user when the first connecting member and the second connecting member are in the second wearable configuration.
However, in the same field of endeavor, Esmaeili teaches reversible adjustable eyeglasses with polarized and/or prescription lenses (figs. 1-13), wherein a front portion (accommodating two lenses 1; [0039]; fig. 1) has a first side (main frame 7; [0039]), an opposed second side (rotatable secondary frame 5; [0039]), and a length extending from a first end to a second end (length of frames extend from both ends of first screw 3; as seen in fig. 1; [0039]), and a pivot axis (adjacent rotatable leg seats 6; [0039]; fig. 10) extending parallel to the length of the front portion (adjustable eye glasses when side arms are rotated 180 degrees; [0035]; fig. 10), between a first wearable configuration (fig. 1; [0026]) and a second wearable configuration (complete transformation of adjustable eye glasses; [0036]; fig. 11), wherein the first side (main frame 7; [0039]) of the front portion (accommodating two lenses 1; [0039]; fig. 1) faces toward a face of the user (fig. 1) when a first connecting member and a second connecting member (rotatable leg seats 6 connected to main frame 7; [0039]; figs. 1 and 11) are in the first wearable configuration (fig. 1; [0026]), and the second side (rotatable secondary frame 5; [0039]) of the front portion (accommodating two lenses 1; [0039]; fig. 1) faces toward the face of the user (rotate rotatable secondary frame by 180 degree to complete transformation; [0035]; fig. 11) when the first connecting member and the second connecting member (rotatable leg seats 6 connected to main frame 7; [0039]; figs. 1 and 11) are in the second wearable configuration (complete transformation of adjustable eye glasses; [0036]; fig. 11).
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 glasses frame of Eberle to include the technical feature of eyeglass frames having two sides that can transform between two wearable configurations, for the purpose of achieving a simple and cost effective solution capable of changing the looks of glasses with lenses, as taught by Esmaeili ([0019]).
With respect to Claim 2, Eberle in view of Esmaeili teaches the frame (glasses frame 101; [0083]) of claim 1.
Eberle does not appear to teach the following limitation wherein the first side of the front portion comprises a first pattern and second side of the front portion comprises a second pattern.
However, Esmaeili further teaches the first side (main frame 7; [0039]) of the front portion (accommodating two lenses 1; [0039]; fig. 1) comprising a first pattern (exterior and interior sides of the glasses frame differ in color and/or pattern; [0023]) and second side (rotatable secondary frame 5; [0039]) of the front portion (accommodating two lenses 1; [0039]; fig. 1) comprising a second pattern (exterior and interior sides of the glasses frame differ in color and/or pattern; [0023]).
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 glasses frame of Eberle in view of Esmaeili to further include the mere design choice of the sides of eyeglass frames having multiple colors and/or patterns, for the purpose of enabling different and distinct looks, satisfying the needs of users at all ages, and achieving a simple and cost effective solution capable of changing the looks of glasses with lenses, as taught by Esmaeili ([0019-22]). Furthermore, matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See Ex parte Hilton, 148 USPQ 356 (Bd. App. 1965).
With respect to Claim 3, Eberle in view of Esmaeili teaches the frame (glasses frame 101; [0083]) of claim 2.
Eberle does not appear to teach the following limitation wherein the first pattern and the second pattern are different.
However, Esmaeili further teaches the first pattern and the second pattern (exterior and interior sides of the glasses frame differ in color and/or pattern; [0023]) of the front portion (accommodating two lenses 1; [0039]; fig. 1) being different (two different looks enabled by the adjustable eye glasses will differ in color and/or pattern; [0023]).
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 glasses frame of Eberle in view of Esmaeili to further include the mere design choice of the sides of eyeglass frames having different colors and/or patterns, for the purpose of enabling different and distinct looks, satisfying the needs of users at all ages, and achieving a simple and cost effective solution capable of changing the looks of glasses with lenses, as taught by Esmaeili ([0019-22]). Furthermore, matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See Ex parte Hilton, 148 USPQ 356 (Bd. App. 1965).
With respect to Claim 4, Eberle in view of Esmaeili teaches the frame (glasses frame 101; [0083]) of claim 1, wherein the first connecting member (retaining bracket 103a of pivot element 104; [0084]) and the second connecting member (retaining bracket 103b of pivot element 104; [0084]) are configured to rotate (pivotable retaining brackets 103a, 103b are each connected to the spectacle frame 102 via a pivot arrangement; [0083]; pivot element 104 rotating as seen in fig. 9) about the third pivot axis (joint axis 109a; [0084]; Eberle).
Eberle in view of Esmaeili does not appear to teach the following limitation wherein the first connecting member (103a of 104; [0084]) and the second connecting member (103b of 104; [0084]) are configured to rotate 190-204 degrees.
However, Esmaeili further teaches the first connecting member and the second connecting member (rotatable leg seats 6 connected to main frame 7; [0039]; figs. 1 and 11) being pivotally connected to two rotatable side arms (2; [0039]) that are rotated 180 degrees to interchange the exterior side by the interior ([0035]) about a pivot axis (adjacent rotatable leg seats 6; [0039]; as seen in fig. 10). Esmaeili teaches a value of 180 degrees which is so close to the claimed range of 190-204 degrees that prima facie one skilled in the art would have expected them to have the same properties.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the glasses frames of Eberle to include the technical feature of providing a large degree rotating value for the temples to ensure that a left lens is facing a user's left eye and a right lens is facing a right eye and achieve a complete transformation of adjustable eyeglasses, as taught by Esmaeili ([0036-40]). Therefore, it has been held that a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985), See MPEP § 2144.05. Furthermore, one of ordinary skill in the art would have a reasonable expectation of success when making this modification because it is understood by those skilled in the art that different foldable glasses with a variety of folding mechanisms are available, as taught by Esmaeili ([0021]).
With respect to Claim 5, Eberle in view of Esmaeili teaches the frame (glasses frame 101; [0083]; Eberle) of claim 1, wherein the front portion (frame 102; fig. 8a) has a pantoscopic tilt of 10 degrees in the first position wearable configuration (as seen in fig. 8a of Eberle, in view of fig. 1 of Esmaeili; In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
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 glasses frame of Eberle to include the technical feature of eyeglass frames having two sides that can transform between two wearable configurations, for the purpose of achieving a simple and cost effective solution capable of changing the looks of glasses with lenses, as taught by Esmaeili ([0019]).
With respect to Claim 6, Eberle in view of Esmaeili teaches the frame (glasses frame 101; [0083]) of claim 1, wherein the first hinge (first hinge side element 112a; [0086]) and the second hinge (second hinge side element 112b; [0086]; fig. 6) comprise one or more of integrated spring hinges, riveted hinges, and metal temples (functional arms 105a and in particular the swivel joint/pivot element 104 of glasses temples are made of wire or sheet metal; [0034] & [0084]; Eberle).
With respect to Claim 7, Eberle in view of Esmaeili teaches the frame (glasses frame 101; [0083]) of claim 1, wherein the third pivot axis (joint axis 109a; [0084]) is substantially perpendicular to the first pivot axis (rotation axis D1 on 103a side of glasses; fig. 7) and the second pivot axis (rotation axis D1 on 103b side of glasses; fig. 7-9; Eberle).
With respect to Claim 8, Eberle in view of Esmaeili teaches the frame (glasses frame 101; [0083]) of claim 1, wherein the first pivot axis (rotation axis D1 on 103a side of glasses; fig. 9) and the second pivot axis (rotation axis D1 on 103b side of glasses; fig. 8b-9) are substantially perpendicular to the length (fig. 6 & 7) of the first temple arm (functional arm 105a on 103a side of glasses; [0086]) and the length of the second temple arm (functional arm 105a on 103b side of glasses; fig, 6), respectively (fig. 6 & 7), and wherein the first pivot axis (rotation axis D1 on 103a side of glasses; fig. 9; Eberle) and the second pivot axis (rotation axis D1 on 103b side of glasses; fig. 8b-9; Eberle) are substantially perpendicular to the third pivot axis (joint axis 109a; [0084]; Eberle; in view of adjacent rotatable leg seats 6; [0039]; fig. 10; Esmaeili).
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 glasses frame of Eberle to include the technical feature of eyeglass frames having two sides that can transform, via a rotating axis, between two wearable configurations, for the purpose of achieving a simple and cost effective solution capable of changing the looks of glasses with lenses, as taught by Esmaeili ([0019]).
With respect to Claim 11, Eberle discloses a pair of spectacles (glasses 111; [0083]), comprising:
at least one lens (glasses lenses 108a, 108b; [0083]); and
a frame (glasses frame 101; [0083]), comprising:
a front portion (frame 102; fig. 8a), the front portion defining at least one opening configured to hold the at least one lens (opening as seen in fig. 6 which accommodates glasses lenses 108a, 108b; [0083]);
a first connecting member (retaining bracket 103a of pivot element 104; [0084]);
a second connecting member (retaining bracket 103b of pivot element 104; [0084]);
a first temple arm (functional arm 105a on 103a side of glasses; [0086]) having a first end (end portion 107b; [0086]) that is coupled to a first end (stop element 109b; [0084]; fig. 7) of the first connecting member (retaining bracket 103a of pivot element 104; [0084]) by a first hinge (first hinge side element 112a; [0086]); and
a second temple arm (functional arm 105a on 103b side of glasses; fig, 6) having a first end (another end portion 107b; [0086]; fig. 6) that is coupled to a first end (another stop element 109b; [0084]; fig. 6) of the second connecting member (retaining bracket 103b of pivot element 104; [0084]) by a second hinge (second hinge side element 112b; [0086]; fig. 6);
wherein the first connecting member (retaining bracket 103a of pivot element 104; [0084]) is coupled to a first end (end stop 116 on 103a side of glasses; [0090]) of the front portion (frame 102; fig. 8a) by a third hinge (groove-shaped recess 114 on 103a side of glasses; [0090]; fig. 8b), and wherein the second connecting member (retaining bracket 103b of pivot element 104; [0084]) is coupled to a second end (end stop 116 on 103b side of glasses; [0090]) of the front portion (frame 102; fig. 8a) by a fourth hinge (groove-shaped recess 114 on 103b side of glasses; [0090]; fig. 8b),
wherein the first temple arm (functional arm 105a on 103a side of glasses; [0086]) is rotatable (pivots about the rotation axis D1; [0090]), relative to the first connecting member (retaining bracket 103a of pivot element 104; [0084]), about a first pivot axis (rotation axis D1 on 103a side of glasses; fig. 9), and wherein the second temple arm (functional arm 105a on 103b side of glasses; fig, 6) is rotatable (pivots about the rotation axis D1; fig. 9), relative to the second connecting member (retaining bracket 103b of pivot element 104; [0084]), about a second pivot axis (rotation axis D1 on 103b side of glasses; fig. 8b-9),
wherein the first pivot axis (rotation axis D1 on 103a side of glasses; fig. 9) and the second pivot axis (rotation axis D1 on 103b side of glasses; fig. 8b-9) are substantially parallel to each other (fig. 8b-9) and positioned at an angle (fig. 8a) relative to a length of the first temple arm (functional arm 105a on 103a side of glasses; [0086]) and a length of the second temple arm (functional arm 105a on 103b side of glasses; fig, 6), respectively (fig. 6-9),
wherein the first connecting member (retaining bracket 103a of pivot element 104; [0084]) and the second connecting member (retaining bracket 103b of pivot element 104; [0084]) are rotatable (pivotable retaining brackets 103a, 103b are each connected to the spectacle frame 102 via a pivot arrangement; [0083]; pivot element 104 rotating as seen in fig. 9), relative to the front portion (frame 102; fig. 8a), about a third pivot axis (joint axis 109a; [0084]), and
wherein the third pivot axis (joint axis 109a; [0084]) is positioned at an angle relative to the first pivot axis (rotation axis D1 on 103a side of glasses; fig. 7) and the second pivot axis (rotation axis D1 on 103b side of glasses; fig. 8b-9).
Eberle does not appear to explicitly teach the following limitations wherein a front portion has a first side, an opposed second side, and a length extending from a first end to a second end, the third pivot axis extending parallel to the length of the front portion, between a first wearable configuration and a second wearable configuration, wherein the first side of the front portion faces toward a face of the user when the first connecting member and the second connecting member are in the first wearable configuration, and the second side of the front portion faces toward the face of the user when the first connecting member and the second connecting member are in the second wearable configuration.
However, in the same field of endeavor, Esmaeili teaches reversible adjustable eyeglasses with polarized and/or prescription lenses (figs. 1-13), wherein a front portion (accommodating two lenses 1; [0039]; fig. 1) has a first side (main frame 7; [0039]), an opposed second side (rotatable secondary frame 5; [0039]), and a length extending from a first end to a second end (length of frames extend from both ends of first screw 3; as seen in fig. 1; [0039]), and a pivot axis (adjacent rotatable leg seats 6; [0039]; fig. 10) extending parallel to the length of the front portion (adjustable eye glasses when side arms are rotated 180 degrees; [0035]; fig. 10), between a first wearable configuration (fig. 1; [0026]) and a second wearable configuration (complete transformation of adjustable eye glasses; [0036]; fig. 11), wherein the first side (main frame 7; [0039]) of the front portion (accommodating two lenses 1; [0039]; fig. 1) faces toward a face of the user (fig. 1) when a first connecting member and a second connecting member (rotatable leg seats 6 connected to main frame 7; [0039]; figs. 1 and 11) are in the first wearable configuration (fig. 1; [0026]), and the second side (rotatable secondary frame 5; [0039]) of the front portion (accommodating two lenses 1; [0039]; fig. 1) faces toward the face of the user (rotate rotatable secondary frame by 180 degree to complete transformation; [0035]; fig. 11) when the first connecting member and the second connecting member (rotatable leg seats 6 connected to main frame 7; [0039]; figs. 1 and 11) are in the second wearable configuration (complete transformation of adjustable eye glasses; [0036]; fig. 11).
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 glasses frame of Eberle to include the technical feature of eyeglass frames having two sides that can transform between two wearable configurations, for the purpose of achieving a simple and cost effective solution capable of changing the looks of glasses with lenses, as taught by Esmaeili ([0019]).
With respect to Claim 12, Eberle in view of Esmaeili teaches the pair of spectacles (glasses 111; [0083]) of claim 11, wherein the at least one lens (glasses lenses 108a, 108b; [0083]) comprises a first lens (glasses lens 108a; fig. 6) and a second lens (glasses lens 108b; fig. 6), and the at least one opening comprises a first opening and a second opening (first and second openings as seen in fig. 6 which accommodate glasses lenses 108a & 108b; [0083]; Eberle).
Claims 9-10, and 13-21 are rejected under 35 U.S.C. 103 as being unpatentable over Eberle et al. WO 2013110205 A1 (see machine translation; herein after "Eberle") in view of Esmaeili US 20150168741 A1 and Benavides et al. US 20050146675 A1 (herein after "Benavides").
With respect to Claim 9, Eberle in view of Esmaeili teaches the frame (glasses frame 101; [0083]) of claim 1, and the third hinge (groove-shaped recess 114 on 103a side of glasses; [0090]; fig. 8b; Eberle).
Eberle in view of Esmaeili does not appear to teach the following limitation wherein the third hinge comprises: a pin comprising a center portion and an arm that protrudes from the center portion, wherein the pin is configured to be inserted into an opening at the first end of the front portion; and a protruding member in the opening at the first end of the front portion, wherein the protruding member is configured to stop rotation of the pin in a first direction when the arm contacts the protruding member.
However, in another field of endeavor, Benavides teaches eyeglasses frames with rotatable temples (eyeglasses 100 & temples 130; fig. 1 & 20-22; [0074]) wherein hinge portions (160 & 170; [0074]) comprise: a non-threaded pin assembly (attachment mechanism 177; [0075]) comprising an outer post (outer post 171 fits into outer rotational-support portion 161; [0075]; fig. 20 & 22) and an arm (173; [0076]) that protrudes from the outer post (171; fig. 20 & 22), wherein the pin (attachment mechanism 177; [0075]) is configured to be inserted in an opening (central portion 164; [0075]) between retention portions (163; [0076]) at an end portion (111; [0074]; fig. 22) of an eyeglass face (110; [0074]). An inner post (172; [0075]) fits into the opening (central portion 164; [0075]) at an end portion (111; [0074]; fig. 22) of an eyeglass face (110; [0074]), wherein the inner post and arm (172 & 173; [0074]) is configured to stop rotation ([0076]) of the non-threaded pin (attachment mechanism 177; [0075]) in a pivoting direction (fig. 22) upon the inner post and arm (172 & 173; [0074]) contacting rotational-support portions and retention portions (161 & 163; [0076]; as seen in fig. 20-22).
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 glasses frame of Eberle in view of Esmaeili to include the technical feature of a pin assembly, for the purpose of providing an attachment mechanism for a hinge element ([0075]) and pivoting eyewear pieces to protect lenses from abrasion, as taught by Benavides ([0054]).
With respect to Claim 10, Eberle in view of Esmaeili teaches the frame (glasses frame 101; [0083]) of claim 1, and the fourth hinge (groove-shaped recess 114 on 103b side of glasses; [0090]; fig. 8b; Eberle).
Eberle in view of Esmaeili does not appear to teach the following limitations wherein the fourth hinge comprises: a pin comprising a center portion and an arm that protrudes from the center portion, wherein the pin is configured to be inserted into an opening at the second end of the front portion; and a protruding member in the opening at the second end of the front portion, wherein the protruding member is configured to stop rotation of the pin in a first direction when the arm contacts the protruding member.
However, in another field of endeavor, Benavides teaches eyeglasses frames with rotatable temples (eyeglasses 100 & temples 130; fig. 1 & 20-22; [0074]) wherein hinge portions (160 & 170; [0074]) comprise: a non-threaded pin assembly (attachment mechanism 177; [0075]) comprising an outer post (outer post 171 fits into outer rotational-support portion 161; [0075]; fig. 20 & 22) and an arm (173; [0076]) that protrudes from the outer post (171; fig. 20 & 22), wherein the pin (attachment mechanism 177; [0075]) is configured to be inserted in an opening (central portion 164; [0075]) between retention portions (163; [0076]) at an end portion (111; [0074]; fig. 22) of an eyeglass face (110; [0074]). An inner post (172; [0075]) fits into the opening (central portion 164; [0075]) at an end portion (111; [0074]; fig. 22) of an eyeglass face (110; [0074]), wherein the inner post and arm (172 & 173; [0074]) is configured to stop rotation ([0076]) of the non-threaded pin (attachment mechanism 177; [0075]) in a pivoting direction (fig. 22) upon the inner post and arm (172 & 173; [0074]) contacting rotational-support portions and retention portions (161 & 163; [0076]; as seen in fig. 20-22).
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 glasses frame of Eberle in view of Esmaeili to include the technical feature of a pin assembly, for the purpose of providing an attachment mechanism for a hinge element ([0075]) and pivoting eyewear pieces to protect lenses from abrasion, as taught by Benavides ([0054]).
With respect to Claim 13, Eberle discloses a frame (glasses frame 101; [0083]) for spectacles (glasses 111; [0083]), the frame (glasses frame 101; [0083]) comprising:
a front portion (frame 102; fig. 8a), the front portion defining at least one opening configured to hold a lens, wherein a length of the front portion (frame 102; fig. 8a) defines a longitudinal axis (aligned parallel to distance d3; [0090]; fig. 6);
a first arm (functional arm 105b on 103a side of glasses; [0086]) coupled to a first end (end stop 116 on 103a side of glasses; [0090]) of the front portion (frame 102; fig. 8a) by a first hinge (first hinge side element 112a; [0086]), the first hinge (first hinge side element 112a; [0086]);
a second arm (functional arm 105b on 103b side of glasses; [0086]) coupled to a second end (end stop 116 on 103b side of glasses; [0090]) of the front portion (frame 102; fig. 8a) by a second hinge (second hinge side element 112b; [0086]; fig. 6), the second hinge (second hinge side element 112b; [0086]; fig. 6),
wherein the first arm (functional arm 105b on 103a side of glasses; [0086]) is configured to be rotated (pivoting movement of the guide arms 105b; [0090]; fig. 9), and the second arm (functional arm 105b on 103b side of glasses; [0086]) is configured to be rotated (pivoting movement of the guide arms 105b; [0090]; fig. 9), and
wherein the frame (glasses frame 101; [0083]) for spectacles (glasses 111; [0083]) is configured to be worn by a user (wearer; [0083]).
Eberle does not appear to explicitly teach the following limitations wherein a front portion has a first side, an opposed second side, and a length extending from a first end to a second end.
However, in the same field of endeavor, Esmaeili teaches reversible adjustable eyeglasses with polarized and/or prescription lenses (figs. 1-13), wherein a front portion (accommodating two lenses 1; [0039]; fig. 1) has a first side (main frame 7; [0039]), an opposed second side (rotatable secondary frame 5; [0039]), and a length extending from a first end to a second end (length of frames extend from both ends of first screw 3; as seen in fig. 1; [0039]).
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 glasses frame of Eberle to include the technical feature of eyeglass frames having two sides that can transform between two wearable configurations, for the purpose of achieving a simple and cost effective solution capable of changing the looks of glasses with lenses, as taught by Esmaeili ([0019]).
Eberle in view of Esmaeili does not appear to teach the following limitations: the first hinge defining a first rotational axis that is parallel to the longitudinal axis; and the second hinge defining a second rotational axis that is parallel the longitudinal axis, the first arm is configured to be rotated about the first rotational axis from a first position to a second position, and the second arm is configured to be rotated about the second rotational axis from a third position to a fourth position, and wherein the frame for spectacles is configured to be worn by a user when first arm is in the first position and the second arm is in the third position and when the first arm is in the second position and the second arm is in the fourth position.
However, in another field of endeavor, Benavides teaches eyeglasses frames with rotatable temples (eyeglasses 1120 & temples 1220; fig. 29-30) wherein tension members (1280; [0084]) define pivot axes (1225; [0084]), and the hinges (contact portions 1214; [0085]) are parallel to a longitudinal axis of the eyeglass faces (1210; [0084]). The temples (1220; [0084]) are configured to move to different points (fig. 29-30) of the pivot axes (1225; [0085]) and are pivotably coupled to the eyeglass faces (1210; [0084]) about pivot axes (1225; [0084]). The temples (1220; [0084]) can be pivoted between an unfolded configuration (fig. 30) and a folded configuration (fig. 29).
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 glasses frame of Eberle in view of Esmaeili to include the technical feature of temples moving along different points of a pivot axis between multiple configurations, for the purpose of protecting lenses from abrasion, as taught by Benavides ([0054]).
With respect to Claim 14, Eberle in view of Esmaeili and Benavides teaches the frame (glasses frame 101; [0083]) of claim 13.
Eberle does not appear to teach the following limitation wherein the first side of the front portion comprises a first pattern and second side of the front portion comprises a second pattern.
However, Esmaeili further teaches the first side (main frame 7; [0039]) of the front portion (accommodating two lenses 1; [0039]; fig. 1) comprising a first pattern (exterior and interior sides of the glasses frame differ in color and/or pattern; [0023]) and second side (rotatable secondary frame 5; [0039]) of the front portion (accommodating two lenses 1; [0039]; fig. 1) comprising a second pattern (exterior and interior sides of the glasses frame differ in color and/or pattern; [0023]).
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 glasses frame of Eberle in view of Esmaeili and Benavides to further include the mere design choice of the sides of eyeglass frames having multiple colors and/or patterns, for the purpose of enabling different and distinct looks, satisfying the needs of users at all ages, and achieving a simple and cost effective solution capable of changing the looks of glasses with lenses, as taught by Esmaeili ([0019-22]). Furthermore, matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See Ex parte Hilton, 148 USPQ 356 (Bd. App. 1965).
With respect to Claim 15, Eberle in view of Esmaeili and Benavides teaches the frame (glasses frame 101; [0083]) of claim 14.
Eberle does not appear to teach the following limitation wherein the first pattern and the second pattern are different.
However, Esmaeili further teaches the first pattern and the second pattern (exterior and interior sides of the glasses frame differ in color and/or pattern; [0023]) of the front portion (accommodating two lenses 1; [0039]; fig. 1) being different (two different looks enabled by the adjustable eye glasses will differ in color and/or pattern; [0023]).
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 glasses frame of Eberle in view of Esmaeili and Benavides to further include the mere design choice of the sides of eyeglass frames having different colors and/or patterns, for the purpose of enabling different and distinct looks, satisfying the needs of users at all ages, and achieving a simple and cost effective solution capable of changing the looks of glasses with lenses, as taught by Esmaeili ([0019-22]). Furthermore, matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See Ex parte Hilton, 148 USPQ 356 (Bd. App. 1965).
With respect to Claim 16, Eberle in view of Esmaeili and Benavides teaches the frame (glasses frame 101; [0083]) of claim 13, Eberle further teaches the frame further comprising:
a first connecting member (retaining bracket 103a of pivot element 104; [0084]) that connects the first arm (functional arm 105b on 103a side of glasses; [0086]) to the first hinge (first hinge side element 112a; [0086]; Eberle); and
a second connecting member (retaining bracket 103b of pivot element 104; [0084]) that connects the second arm (functional arm 105b on 103b side of glasses; [0086]) to the second hinge (second hinge side element 112b; [0086]; fig. 6; Eberle),
wherein the first connecting member (retaining bracket 103a of pivot element 104; [0084]) is coupled to the first arm (functional arm 105b on 103a side of glasses; [0086]) by a third hinge (groove-shaped recess 114 on 103a side of glasses; [0090]; fig. 8b) and coupled to the first end (end stop 116 on 103a side of glasses; [0090]) of the front portion (frame 102; fig. 8a) by the first hinge (first hinge side element 112a; [0086]; Eberle), and
wherein the second connecting member (retaining bracket 103b of pivot element 104; [0084]) is coupled to the second arm (functional arm 105b on 103b side of glasses; [0086]) by a fourth hinge (groove-shaped recess 114 on 103b side of glasses; [0090]; fig. 8b) and coupled to the second end (end stop 116 on 103b side of glasses; [0090]) of the front portion (frame 102; fig. 8a) by the second hinge (second hinge side element 112b; [0086]; fig. 6; Eberle).
With respect to Claim 17, Eberle in view of Esmaeili and Benavides teaches the frame (glasses frame 101; [0083]) of claim 16, Eberle further teaches the frame wherein the first connecting member (retaining bracket 103a of pivot element 104; [0084]) and the second connecting member (retaining bracket 103b of pivot element 104; [0084]) are configured to rotate (pivotable retaining brackets 103a, 103b are each connected to the spectacle frame 102 via a pivot arrangement; [0083]; pivot element 104 rotating as seen in fig. 9) about the longitudinal axis (aligned parallel to distance d3; [0090]; fig. 6; Eberle).
Eberle does not appear to teach the following limitation wherein the first connecting member (103a of 104; [0084]) and the second connecting member (103b of 104; [0084]) are configured to rotate 190-204 degrees.
However, Esmaeili further teaches the first connecting member and the second connecting member (rotatable leg seats 6 connected to main frame 7; [0039]; figs. 1 and 11) being pivotally connected to two rotatable side arms (2; [0039]) that are rotated 180 degrees to interchange the exterior side by the interior ([0035]) about a pivot axis (adjacent rotatable leg seats 6; [0039]; as seen in fig. 10). Esmaeili teaches a value of 180 degrees which is so close to the claimed range of 190-204 degrees that prima facie one skilled in the art would have expected them to have the same properties.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the glasses frames of Eberle to include the technical feature of providing a large degree rotating value for the temples to ensure that a left lens is facing a user's left eye and a right lens is facing a right eye and achieve a complete transformation of adjustable eyeglasses, as taught by Esmaeili ([0036-40]). Therefore, it has been held that a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985), See MPEP § 2144.05. Furthermore, one of ordinary skill in the art would have a reasonable expectation of success when making this modification because it is understood by those skilled in the art that different foldable glasses with a variety of folding mechanisms are available, as taught by Esmaeili ([0021]).
With respect to Claim 18, Eberle in view of Esmaeili and Benavides teaches the frame (glasses frame 101; [0083]) of claim 13, the frame wherein the front portion (frame 102; fig. 8a; Eberle) has a pantoscopic tilt of 10 degrees (as seen in fig. 8a; Eberle; in view of fig. 1 of Esmaeili; In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)) when the first arm (functional arm 105b on 103a side of glasses; [0086]; Eberle) is in the first position (unfolded configuration; fig. 30; Benavides) and the second arm (functional arm 105b on 103b side of glasses; [0086]; Eberle) is in the third position (unfolded configuration; fig. 30; Benavides) and when the first arm (105b on 103a side; [0086]; Eberle) is in the second position (folded configuration; fig. 29; Benavides) and the second arm (105b on 103b side; [0086]; Eberle) is in the fourth position (folded configuration; fig. 29; Benavides).
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 glasses frame of Eberle to include the technical feature of eyeglass frames having two sides that can transform between two wearable configurations, for the purpose of achieving a simple and cost effective solution capable of changing the looks of glasses with lenses, as taught by Esmaeili ([0019]). Furthermore, 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 glasses frame of Eberle in view of Esmaeili to include the technical feature of temples moving along different points of a pivot axis between multiple configurations, for the purpose of protecting lenses from abrasion, as taught by Benavides ([0054]).
With respect to Claim 19, Eberle in view of Esmaeili and Benavides teaches the frame (glasses frame 101; [0083]) of claim 16, Eberle further teaches the frame wherein the third hinge (groove-shaped recess 114 on 103a side of glasses; [0090]; fig. 8b) and the fourth hinge (groove-shaped recess 114 on 103b side of glasses; [0090]; fig. 8b) comprise one or more of integrated spring hinges, riveted hinges, and metal temples (functional arms 105a, 105b and in particular the swivel joint/pivot element 104 of glasses temples are made of wire or sheet metal; [0034] & [0084]; Eberle).
With respect to Claim 20, Eberle in view of Esmaeili and Benavides teaches the frame (glasses frame 101; [0083]) of claim 16, Eberle further teaches the longitudinal axis (aligned parallel to distance d3; [0090]; fig. 6), the third hinge (groove-shaped recess 114 on 103a side of glasses; [0090]; fig. 8b), and the fourth hinge (groove-shaped recess 114 on 103b side of glasses; [0090]; fig. 8b).
Eberle in view of Esmaeili does not appear to teach the following limitations wherein the longitudinal axis is substantially perpendicular to a third rotational axis defined by the third hinge and a fourth rotational axis defined by the fourth hinge.
However, Benavides further teaches eyeglasses frames with rotatable temples (eyeglasses 1120 & temples 1220; fig. 29-30) wherein tension members (1280; [0084]) define pivot axes (1225; [0084]) that are perpendicular to a longitudinal axis of the eyeglass faces (1210; [0084]). The temples (1220; [0084]) can be pivoted between an unfolded configuration (fig. 30) and a folded configuration (fig. 29).
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 glasses frame of Eberle in view of Esmaeili to include the technical feature of temples moving along different points of a pivot axis between multiple configurations, for the purpose of protecting lenses from abrasion, as taught by Benavides ([0054]).
With respect to Claim 21, Eberle in view of Esmaeili and Benavides teaches the frame (glasses frame 101; [0083]) of claim 16, the third hinge (groove-shaped recess 114 on 103a side of glasses; [0090]; fig. 8b), the fourth hinge (groove-shaped recess 114 on 103b side of glasses; [0090]; fig. 8b), the length of first arm (functional arm 105b on 103a side of glasses; [0086]), and the length of the second arm (functional arm 105b on 103b side of glasses; [0086]).
Eberle in view of Esmaeili does not appear to teach the following limitations wherein a third rotational axis defined by the third hinge and a fourth rotational axis defined by the fourth hinge are substantially perpendicular to the length of the first arm and the length of the second arm, respectively.
However, Benavides further teaches eyeglasses frames with rotatable temples (eyeglasses 1120 & temples 1220; fig. 29-30) wherein tension members (1280; [0084]) define pivot axes (1225; [0084]) that are perpendicular to the lengths of the temples (as seen in fig. 29 & 30).
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 glasses frame of Eberle in view of Esmaeili to include the technical feature of temples moving along different points of a pivot axis between multiple configurations, for the purpose of protecting lenses from abrasion, as taught by Benavides ([0054]).
Claims 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Eberle et al. WO 2013110205 A1 (see machine translation; herein after "Eberle") in view of Esmaeili US 20150168741 A1 and Benavides et al. US 20050146675 A1 (herein after "Benavides") as applied to claim 13 above, and further in view of another embodiment of Benavides.
With respect to Claim 22, Eberle in view of Esmaeili and Benavides teaches the frame (glasses frame 101; [0083]) of claim 13, Eberle further teaches the first hinge (first hinge side element 112a; [0086]).
Eberle in view of Esmaeili and Benavides (fig. 29-30) does not appear to teach the following limitations wherein the first hinge comprises: a pin comprising a center portion and an arm that protrudes from the center portion, wherein the pin is configured to be inserted into an opening at the first end of the front portion; and a protruding member in the opening at the first end of the front portion, wherein the protruding member is configured to stop rotation of the pin in a first direction when the arm contacts the protruding member.
However, in another embodiment of Benavides (fig. 1 & 20-22), Benavides further teaches eyeglasses frames with rotatable temples (eyeglasses 100 & temples 130; fig. 1 & 20-22; [0074]) wherein hinge portions (160 & 170; [0074]) comprise: a non-threaded pin assembly (attachment mechanism 177; [0075]) comprising an outer post (outer post 171 fits into outer rotational-support portion 161; [0075]; fig. 20 & 22) and an arm (173; [0076]) that protrudes from the outer post (171; fig. 20 & 22), wherein the pin (attachment mechanism 177; [0075]) is configured to be inserted in an opening (central portion 164; [0075]) between retention portions (163; [0076]) at an end portion (111; [0074]; fig. 22) of an eyeglass face (110; [0074]). An inner post (172; [0075]) fits into the opening (central portion 164; [0075]) at an end portion (111; [0074]; fig. 22) of an eyeglass face (110; [0074]), wherein the inner post and arm (172 & 173; [0074]) is configured to stop rotation ([0076]) of the non-threaded pin (attachment mechanism 177; [0075]) in a pivoting direction (fig. 22) upon the inner post and arm (172 & 173; [0074]) contacting rotational-support portions and retention portions (161 & 163; [0076]; as seen in fig. 20-22).
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 glasses frame of Eberle in view of Esmaeili and Benavides (fig. 29-30) to include the technical feature of a pin assembly, for the purpose of providing an attachment mechanism for a hinge element ([0075]) and pivoting eyewear pieces to protect lenses from abrasion, as taught by Benavides ([0054]).
With respect to Claim 23, Eberle in view of Esmaeili and Benavides teaches the frame (glasses frame 101; [0083]) of claim 13, Eberle further teaches the second hinge (second hinge side element 112b; [0086]; fig. 6).
Eberle in view of Esmaeili and Benavides (fig. 29-30) does not appear to teach the following limitations wherein the second hinge comprises: a pin comprising a center portion and an arm that protrudes from the center portion, wherein the pin is configured to be inserted into an opening at the second end of the front portion; and a protruding member in the opening at the second end of the front portion, wherein the protruding member is configured to stop rotation of the pin in a first direction when the arm contacts the protruding member.
However, in another embodiment of Benavides (fig. 1 & 20-22), Benavides further teaches eyeglasses frames with rotatable temples (eyeglasses 100 & temples 130; fig. 1 & 20-22; [0074]) wherein hinge portions (160 & 170; [0074]) comprise: a non-threaded pin assembly (attachment mechanism 177; [0075]) comprising an outer post (outer post 171 fits into outer rotational-support portion 161; [0075]; fig. 20 & 22) and an arm (173; [0076]) that protrudes from the outer post (171; fig. 20 & 22), wherein the pin (attachment mechanism 177; [0075]) is configured to be inserted in an opening (central portion 164; [0075]) between retention portions (163; [0076]) at an end portion (111; [0074]; fig. 22) of an eyeglass face (110; [0074]). An inner post (172; [0075]) fits into the opening (central portion 164; [0075]) at an end portion (111; [0074]; fig. 22) of an eyeglass face (110; [0074]), wherein the inner post and arm (172 & 173; [0074]) is configured to stop rotation ([0076]) of the non-threaded pin (attachment mechanism 177; [0075]) in a pivoting direction (fig. 22) upon the inner post and arm (172 & 173; [0074]) contacting rotational-support portions and retention portions (161 & 163; [0076]; as seen in fig. 20-22).
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 glasses frame of Eberle in view of Esmaeili and Benavides (fig. 29-30) to include the technical feature of a pin assembly, for the purpose of providing an attachment mechanism for a hinge element ([0075]) and pivoting eyewear pieces to protect lenses from abrasion, as taught by Benavides ([0054]).
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 23 January 2026
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872