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 Amendment
Receipt is acknowledged of the amendment filed 10/15/25. Claims 1 and 9-11 are amended, claim 22 is new, and claims 1-3, 7-18 and 22 are examined herein.
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, 3, 7-10, 13-14, 16-18 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over US PG Pub. 2017/0146816 to Chen (hereinafter Chen) in view of US Pat. No. 6,789,893 to Hong (hereinafter Hong).
Regarding claim 1, Chen discloses a modular eyewear system (Fig. 2), the system comprising: a first modular lens section (right portion of glasses frame 12, Fig. 2) having a first end (right coupling base 26, Fig. 2) and a first lens (Fig. 2), wherein the first modular lens section includes, at a second end (central bridge portion of frame 12, Fig. 2), a second lens or a second lens section having the second lens (left portion of glasses frame 12 and left lens 14, Fig. 2); and a first modular temple frame section (right temple 18, Figs. 1-2) designed to extend along a temple and side of a person face to have a terminated end to rest along an ear region of the person (rear end 62, Fig. 2), the first temple frame section having a first adjustable section (connection between connecting member 16 and front end 60, Figs. 1-2, 4-5) at its first end to attachably and releasably couple to the first end of the first lens section to form a plurality of configurations with the first lens section (Figs. 4-5) wherein the first modular lens section and the first modular temple frame section, collectively, comprise a male connector (first segment 38 with second coupling piece 44 embodied as a magnet, Fig. 2; [0025]) and a female connector (recess 32 of outer surface 32 with first coupling piece 36 embodied as a magnet, Fig. 2; [0025]) to attachably and releasably couple to a corresponding pair connector located on another section (Fig. 2); and wherein the male connector comprises a magnetic rod (first segment 38 with second coupling piece 44 embodied as a magnet, Fig. 2; [0025]), and the female connector comprises a slot sized to receive the magnetic rod (recess 32 of outer surface 32 with first coupling piece 36 embodied as a magnet, Fig. 2; [0024]-[0025]).
Chen discloses the claimed invention as cited above though does not explicitly disclose: a male connector comprises a magnet and a pair of protrusions and the female connector comprises a slot and a pair of slots configured to receive the pair of protrusions.
Hong discloses a male connector comprises a magnet (unlabeled magnets corresponding to structure shown as “23” in an alternative embodiment, Figs. 1-4) and a pair of protrusions (pins 25’, Fig. 4) and the female connector (Fig. 1 & 4) comprises a pair of slots (holes 13’, Figs. 1 & 4) configured to receive the pair of protrusions (Figs. 1 & 4).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide protrusion and slot engagement in connectors as taught by Hong with the system as disclosed by Chen. The motivation would have been to “allow a wearer to easily combine and separate the assistance sunglasses to and from the general glasses and prevent movement of the assistance sunglasses during the wearing of the assistance sunglasses”, in other words to provide additional mechanical support at connections.
Regarding claim 3, Chen discloses the first modular temple frame section includes a bendable structure (Figs. 4-5).
Regarding claim 7, Chen discloses the first modular temple frame section includes a structure formed of a pliable material (“Both the connecting members 16 and the temples 18 are made of plastic, rubber, or metal”; [0023]).
Regarding claim 8, Chen discloses the male connector comprises one or more magnets (“the second coupling piece 44 is a magnet attracting the first coupling piece 36”, Fig. 2; [0025]) and the female connector comprises metal (“glasses frame 12 is made of materials including… metal, alloy…”; [0023]).
Regarding claims 9 and 10, Chen discloses a second modular temple frame section (left temple 18, Fig. 2) designed to extend along the other temple and side of the person face to have a second terminated end to rest along an ear region of the second ear of the person (rear end 62, Fig 2), the second modular temple frame section having a second adjustable section (connections between connecting portion 16 and front end 60, Fig. 2) at its first end to attachably and releasably couple to the second end of the first lens section (Fig. 2), wherein the second end of the first lens section includes the second lens and associated frame (Fig. 2), wherein the second adjustable section has an adjustable structure configured to move between a plurality of configurations (Figs. 4-5), including (i) a third configuration that rests the second terminated end along a first ear region at the second ear of the person and (ii) a fourth configuration that rests the second terminated end along a second ear region at the second ear of the person (Figs. 4-5).
Regarding claim 13, Chen discloses the first temple frame section and the second temple section have a same mass (same structures of temple 18, Fig. 1-2, 4-5) though different in color or shape (left and right connections between left and right connecting members 16 and left and right front ends 60 of left and right temples 18 may be actuated independently and thus the temple including first segment 38 to rear end 62 have different shapes in different operations, Fig. 2).
Regarding claim 14, Chen discloses the first lens further comprises a first lens frame and the second lens further comprises a second lens frame, wherein the first lens frame and the second lens frame are different (left and right portions of glasses frame 12, Figs. 1-2).
Regarding claim 16, Chen discloses the second lens section having a first end (central portion of left portion of glasses frame 12, Fig. 1-2), wherein the second lens section comprises a frame for the second lens (Fig 2), and wherein the second lens section includes a connector (bridge of glasses frame 12, Fig. 2) to couple to the first lens section at the a nose bridge (Fig. 2).
Regarding claim 17, Chen discloses the first adjustable section is configured to releasably and attachably couple to the first lens section (Fig. 2).
Regarding claim 18, Chen discloses first temple section includes a region (front end 60, Fig. 2) that extends from the first adjustable section to releasably and attachably couple to the first lens section (Fig. 2).
Regarding claim 22, Chen discloses a second modular temple frame section designed to extend along the other temple and side of the person face to have a second terminated end to rest along an ear region of the second ear of the person (Figs. 1-2).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Hong, as applied to claim 1, and further in view of US Pat. No. 4,826,309 to VanNeste (hereinafter VanNeste).
Regarding claim 2, Chen discloses the claimed invention as cited above though does not explicitly disclose the first modular temple frame section includes comprising a parallel-folds-accordion structure configured to move the structure to (i) a first configuration that rests the terminated end along a first ear region of the person and (ii) a second configuration that rests the terminated end along a second ear region.
VanNeste discloses: the first temple frame section includes comprising a parallel-folds-accordion structure (coupling portion 20, Fig. 1A-1B, 3A-3B) configured to move the structure to (i) a first configuration that rests the terminated end along a first ear region of the person and (ii) a second configuration that rests the terminated end along a second ear region (“the coupling member 20 is resilient and in addition to having the capability of this linear adjustment, can also be bent at any angle”, Fig. 1A-1B, 3A-3B).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide an accordion structure as taught by VanNeste with the system as disclosed by Chen. The motivation would have been to provide universal bending and resilience (col. 1, ll. 30-41).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Hong, as applied to claim 1, and further in view of US Pat. No. 7,686,448 to Betts-Johnson (hereinafter Betts).
Regarding claim 15, Chen discloses the claimed invention as cited above though does not explicitly disclose the first temple frame section comprises a sensor, an earbud, a speaker, an LED light, and/or a communications module.
Betts discloses the first temple frame section comprises a sensor, an earbud (“an audio transducer 804 such as an earphone or earbud”, Fig. 8; col. 8, ll. 7-15), a speaker, an LED light, and/or a communications module.
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide an earbud as taught by Betts with the system as disclosed by Chen. The motivation would have been to provide ear fastening (col. 8, ll. 7-20).
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 the combination of reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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