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 .
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 1, 2-4, 6-11, 13 and 14 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 1 recites, “the outer lens assembly can be selectively detached from engagement with the inner lens assembly as the inner lens assembly remains fixedly coupled to the eyewear chassis and the eyewear chassis remains worn by the user.”.
The statement “can be” raises the question if this limitation is actively required by the claimed invention. It states a possible or optional limitation that appears to not be actively required. For this examination the examiner does address the “can be” limitations.
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.
Claim(s) 1, 2, 4-11, 13, 14 and 20is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0000648 (McCulloch et al.) in view of US 7407281 (Tagawa).
Regarding claim 1, ‘648 discloses: a heated non-fogging eyewear assembly (device shown in fig. 4O), comprising:
an outer lens assembly including an outer transparent lens having inner and outer faces (fig. 4N; outer assembly includes outer transparent lens 1001 inherently having inner and outer surfaces);
an eyewear chassis configured to be worn by a user (shown clearly in fig. 4O);
an inner lens assembly fixedly coupled to the eyewear chassis and in engagement with said outer lens, with said inner lens assembly including an inner transparent lens having inner and outer faces (fig. 4N; inner assembly includes inner transparent lens 1005 inherently having inner and outer surfaces);
a heating control unit (1113 and 1115; fig. 4O) integrated into the eyewear chassis and electrically coupled to the inner lens for heating the inner lens (par. 149 recites inner lens contains 112 or 112’ heating elements that couple to eyewear chassis for heating the lens); and
a seal interposed between the outer face of the inner transparent lens and the inner face of the outer transparent lens, with said seal affixed to an outer face of the inner lens assembly and in contact with but not affixed to the inner face of the outer transparent lens (figs. 4N and 4O; a seal is shown/formed with both inner and outer lens; seal is affixed to outer face of inner lens by lip and groove as stated in par. 148; outer lens is not “affixed” as it is disclosed to be detachably attached by loops/bands 1006, 1008 to the seal as noted in par. 149).
‘648 does not disclose: so that the outer lens assembly can be selectively detached from engagement with the inner lens assembly as the inner lens assembly remains fixedly coupled to the eyewear chassis and the eyewear chassis remains worn by the user.
First it is noted this limitation is a functional limitation and further is an optional limitation as the term “can be” is only a statement of possible inclusion not affirmative, actively required inclusion.
Further, ‘281 is referenced as it does teach an eyewear device that is functionally capable of use during various activities including skiing. ‘281 in pars. 62-64 explicitly state, “According to the present embodiment, as shown in FIG. 24, grooves 530 are provided in inner edges of the upper wall 571 and the lower wall 572. These grooves 530 fit around a peripheral edge of a prescription lens 516 thereby holding the lens. On the other hand, the outer lens is a colored sunglass lens capable of shielding ultraviolet rays.
By using the above arrangement, it becomes possible to make the prescription lens 516 invisible from the outside, thereby to give the same appearance as wearing ordinary sunglasses. Unlike a colored plate attached outside of the lenses, the present arrangement does not affect the esthetic design of the eyeglasses. Further, by removing the windshield 507, the glasses can be used as ordinary sunglasses.
It should be noted here that the second lenses 516 may be fixed in the windshield 507 or detachable therefrom. Further, the lenses 506 may be prescription lenses while the second lenses are sunglass lenses.”; see also annotated figure 24 below.
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The structure shown above and the disclosure of teaching from ‘281 does teach an eyewear structure with inner lens attached to the eyewear chassis at 530 and outer lens detachably attached at 503; such that the structure above is capable to function in a manner that would allow the outer lens to be detached from the eyewear chassis while the inner lens remain attached to the eyewear chassis so that the remaining inner lens and chassis can remain and function as an eyewear device without the outer lens. The structure shown also is capable to allow removal of the outer lens without removal of the chassis from the user as the outer lens can be pulled/detached from the chassis independent of removal of the inner lens and chassis.
Even further the MPEP 2144.04 is clear:
Making Separable
In reDulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is “press fitted” and therefore not manually removable. The court held that “if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose.”).
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the multiple lens eyewear device of ‘648 to incorporate the teachings cited above from ‘281 so that the multiple lens device includes a detachable structural connection of the outer lens from the remaining inner lens and eyewear chassis that functionally allows removal of the outer lens from the chassis without removal of the eyewear device from the user so that the remaining inner lens and eyewear chassis can continue to be used as a single lens eyewear device when the functional capabilities of the outer lens are no longer needed or desired by the wearer.
Regarding claim 2, ‘648 discloses: further including means for releasably coupling the outer lens assembly to the inner lens assembly so that the inner surface of the outer lens compresses against and is spaced apart from the inner lens by the seal to form a gap therebetween, the outer lens assembly being releasably decouplable from the inner lens assembly so that it can be easily replaced if damaged (loops/bands 1006,1008, along with the gasket member 1003 by definition of the term “gasket” performs as “means for releasably coupling…” as functionally recited in claim 2).
Regarding claim 4, ‘648 discloses: the means for releasably coupling the outer lens assembly to the inner lens assembly includes an array of complementary structures (holes 1028, 1026 with connection mechanisms 1017, 1019; par. 149); and spaced along the periphery of the inner lens assembly and outer lens assemblies that are configured to allow a user to remove the outer lens assembly from contact with the inner lens assembly (figs. 4N; 4O; and par. 149 clearly disclose outer lens detachable connection).
Regarding claim 5, ‘648 does disclose: complementary structures include an array of tabs (1240) extending orthogonally from the periphery of a lens frame assembly and engaging with an aligned array of slots (1242) formed along the periphery of the opposing frame assembly. ‘648 does not explicitly disclose this male/female attachment array along the inner/outer lens assemblies per claims 5 and 20.
However, ‘648 in par. 167 states, “In accordance with this aspect of the invention, there may preferably also be provided a plurality of resiliently deformable hooks, protruding posts, or teeth, 1240 on either the posterior surface 1211 of the lens frame 1200a (or alternatively goggle body 1200b), to facilitate alignment of the lens frame with corresponding receptacles 1242 on the opposing goggle body 1200b (or alternatively lens frame 1200a), and to help align the capped brush ring 1214 receptacles, or concave portions 1218, with the protruding post/button switch portions 1218, 1220 of the electrical interconnection system 1201a, 1201b of this aspect of the invention.”.
Therefore it would have been obvious to one of ordinary skill in the prior art prior to filing the invention to use the male/female; tab/slot; attachment arrangement on any of the elements of the eyewear device including the inner and outer lens assemblies to provide the detachable attachment of the inner and outer lens assemblies to also include the tab/slot arrangement to enhance proper alignment of the inner and outer lens assemblies when attached.
Regarding claim 6, ‘648 discloses: the inner lens assembly includes an inner lens frame into which the inner transparent lens is bonded (par. 148 states, “The inner lens 1005 further comprises a posterior peripheral area structure or lip, similar to the tongue portion 486 of FIG. 4E in that it resides in a channel, or groove portion 1111 of a frame or body member 1012 of the goggle 1000.”; 1024, fig. 4L shows inner lens fully integrated to goggle structure and further par. 156 states “As with other embodiments of the goggle of the present invention, the goggle 1000 further comprises a posterior foam rubber interface member 1024 attached to a posterior portion of the goggle body 1012, such as by gluing,…” this ‘gluing’ does participate in the “bonding” of inner transparent lens 1005 into the whole structure of the goggle.).
Regarding claim 7, ‘648 discloses: further including a pair of electrical connections disposed on a same lateral expanse of the inner lens and coupled directly to the heating control unit (par. 149 states, “Inner lens 1005 has either a resistive wire 112, or resistive film 112′ anti-fog means heating element thereon. On each end 1013, 1016 of the outer lens 1001 and transitional member 1003, there is a hole 1026, 1028, each formed by a loop, or band, 1006, 1008 of resilient, semi-rigid to rigid, lens and/or transitional member/gasket material at or near the end of lens 1001 and/or gasket 1003, serving as a portion of an interconnection mechanism 1017, 1019, for reinforcing engagement of the lens structure 1002 on the goggle frame 1012 and interconnecting the heating member 112, 112′ to a battery 1029 housed in the goggle frame 1012 or preferably in sealed housing portions 1113, 1115 attached to or integral with the frame. A circuit wire, not shown, passes through the goggle frame 1012 and interconnects the electronics and batteries contained in the circuit housing portions 1113, 1115.”).
Regarding claim 8, ‘648 discloses: the electrical connections extend directly from the inner lens through aligned apertures into the eyewear chassis where a connection can be made directly to circuitry within the eyewear chassis (the direct citation above drawn to claim 7 also fully discloses claim 8).
Regarding claim 9, ‘648 discloses: further including a power source mounted within the eyewear chassis (battery 1029, fig. 4O and the direct citation above drawn to claims 7 and 8) and electrically coupled on the heating control unit on an opposite side thereof (heating control unit is in the housings 1113, 1115 so any electrical coupling of wire into the housing is on an opposite side from outside of the housing; NOTE: claim does not define point of reference for “opposite”).
Regarding claim 10, ‘648 discloses: the seal includes an elastomeric gasket onto which the outer lens will rest when mated to the chassis so that the gasket is compressed and forms an airtight seal which prevents moisture from entering the air space between the inner and outer lenses (element 1003 is disclosed as a ‘gasket material’ so inherently performs as functionally recited in claim 10).
Regarding claim 11, ‘648 discloses: further including bus bars (1189, 1191; figs. 4Q and 4R) in spaced apart orientation along top and bottom expanses of the inner lens, with said bus bars being in electrical contact with the heating control unit (bus bars 1189 and 1191 are along top and bottom of both inner and outer lens and are in electrical contact with the heating control unit, par. 151).
Regarding claim 13, ‘648 discloses: the inner lens includes a thermally conductive transparent indium tin oxide (ITO) layer formed on the outside face of the inner lens and conductively coupled to the bus bars (par. 100, “The anti-fog resistive coating 112′ preferably comprises an Indium Tin Oxide (ITO) compound that may be sprayed, deposited with a known ion-sputtering technique, painted or otherwise layered or applied. The film heating member 112′ may be comprised of another material designed in the form of a resistive element that generates heat when connected to an electrical circuit without departing from the true scope and spirit of the invention.”; film 112’ is noted as on inner lens in par. 149).
Regarding claim 14, ‘648 discloses: the heating control unit includes a resistance detection circuit for detecting resistance of the inner lens and a voltage adjust circuit configured to adjust voltage applied to the inner lens responsive to the resistance detection circuit (par. 132, states, “Goggle 600 further comprises a button 634, 636 on each end 611, 613, respectively, of the goggle body 612, for controlling on/off and heat level of the anti-fog means 112, or 112′, on the lens 604. Upon depressing the on/off button 634, the power source 619 is switched on (into the circuit), and a battery strength indicator 638 and a heat, or power level, indicator 640, are displayed preferably within the goggle 600 to the user of the goggle. Depressing the on/off button 634 again turns off the heat, or more accurately reduces it to an extremely low power state. Depressing of the button 636 adjusts the power level applied to the resistive-coating/film anti-fog means 112′, or alternatively resistive-wire anti-fog means 112 (not shown), and also causes the power level display 640 to indicate the level of power being applied to the anti-fog means. After a short time, preferably, the indicators 638 and 640 turn off so as to not unduly distract the user. The circuitry 688 also interconnects a preferably standard USB charging receptacle 675, the battery 619, logic for controlling power on/off, power level increase/decrease, power level indication, and battery level indication using electric light pipes, for example.”; the resistance of 112’ must inherently be detected in a power level; battery strength; and/or heat level indicator; and adjustment of voltage is explicitly disclosed above by on/off switch and power level increase/decrease).
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 3 and 15 recite specific novel, non-obvious structural and functional limitations regarding a releasably coupling structure for the claimed eyewear device’s outer and inner lenses which require an array of specifically located complementary magnets that function to compress the seal between the lenses and the lens’s peripheral areas that function to allow for removal of the outer lens from the inner lens assembly.
The prior art does not disclose nor teach as obvious these claimed limitations.
The closest prior art appears to be that of ‘648 as noted in the rejections above.
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 12 recites very specific novel, non-obvious structural and functional limitations drawn to the thickness and variation of thickness variations of the bus bars on the inner lens with respect to the location of the bus bars versus the heating control unit. The specifically claimed arrangement, placement and dimensions of the bus bars on the inner lens is also functionally required to per unit length normalize/’even out’ the voltage drop along a length of the bus bar.
No prior art is found that discloses or teaches as obvious this claimed arrangement, structure and functional capability.
The reference US 11573473 does teach known variation of bus bar dimensions with respect to voltage drop but does not teach the specifics of the claimed invention.
Response to Arguments
Applicant's arguments filed 7/16/2026 have been fully considered but they are not persuasive.
The rejection has been modified to a new 103 rejection in which ‘281 is referenced for its specific teachings that do function to allow removal of an outer lens from a remaining inner lens and eyewear chassis. As noted above, the MPEP 2144.04 makes clear that to make any integral item into a detachable item is prima facie obvious for any desired reasoning. Further, the recitations above make clear that the teachings of ‘281 explicitly describe detachable attachment of outer lens from an inner lens and eyewear chassis that would allow removal of the outer lens so that the remainder of the inner lens and eyewear chassis can be used when the user no longer requires or desires the outer lens on the eyewear device.
Claim 15 has been noted as amended to include allowable subject matter.
All amendments and assertions regarding current cited prior art are addressed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Previous PTO-892 references have been attached that describe various eyewear devices that incorporate multiple lens structures within the device that establish the general state of the art of multiple lens eyewear devices. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT H MUROMOTO JR whose telephone number is (571)272-4991. The examiner can normally be reached M-Th 730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT H MUROMOTO JR/Primary Examiner, Art Unit 3732
Prosecution Insights