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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 6-11, 13-15, 18 and 19 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by US 2018/0000648 (McCulloch et al.).
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 integrated within the eyewear chassis, 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).
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 6, ‘648 discloses: the inner lens assembly includes an inner lens frame into which the inner transparent lens is mounted (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.”).
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 adjusting 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).
Regarding claim 15, ‘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 integrated within the eyewear chassis, 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 seal interposed between the outer face of the inner transparent lens and the inner face of the outer transparent lens, (figs. 4N and 4O; a seal is shown/formed with both inner and outer lens; and
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, and prevent moisture from entering the airspace that exists between the inner and outer lenses, 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 15).
Regarding claim 18, ‘648 discloses: further including a heating control element (112 or 112’ heating elements) integrated into the eyewear chassis and electrically coupled with the inner lens assembly for imparting an electrical charge across the inner lens to thereby heat the inner lens (par. 149 recites inner lens contains 112 or 112’ heating elements that couple to eyewear chassis for heating the lens).
Regarding claim 19, ‘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).
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) 5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0000648 (McCulloch et al.).
Regarding claims 5 and 20, ‘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.
Claim(s) 3, 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0000648 (McCulloch et al.) in view of US 6062688 (Vinas).
As noted above ‘648 already discloses the outer lens assembly is releasably coupled to the inner lens assembly along the periphery of the inner and outer assemblies. As noted above ‘648 already discloses complementary arrays of male/female type attachments placed around the periphery of the inner and outer lens assemblies that assist in releasable attachment and proper alignment of the lens assemblies.
The only limitations of claims 3, 16 and 17 not fully disclosed are that the attachment elements are complementary magnets per claims 3 and 16 and the thickness of the seal per claim 17.
‘688 is referenced as it teaches magnets as releasable attachment elements between an eyewear assembly that has inner and outer lens members.
The modification of the base ‘648 eyewear device would be to replace male/female type detachable attachments along the periphery of the inner and outer assemblies as taught by ‘648 with the complementary magnets from ‘688.
This combined arrangement would also inherently function to provide the limitations of claim 17 as the gasket material of 1003 would inherently be compressed into a lesser gap thickness than the unattached/uncompressed gap thickness, when the inner and outer assemblies are magnetically attached. Therefore disclosing fully the limitations of claim 17.
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the attachment means and arrangement taught by ‘648 to use magnetic types of releasable attachment rather than male/female types of releasable attachment as magnetic releasable attachment means are known from ‘648 and are shown to be successful in providing simple, secure and properly aligned releasable attachment between inner and outer assemblies of an eyewear device.
Allowable Subject Matter
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 10/28/2025 have been fully considered but they are not persuasive.
Abstract has been corrected.
Assertion regarding the 102 rejections above are incorrect and do not apply to the actual disclosure of the US 2018/0000648 (McCulloch et al.) reference.
Affidavit filed 10/28/2025 has been considered. The affidavit may or may not be accurate with respect to the construction and arrangement of the final product that derived from the ‘648 reference.
However, close inspection of ‘648 makes no reference at all to the “strong adhesive tape” used to firmly affix the outer lens inner surface; seal/gasket; and outer surface of inner lens; that is referred to in the affidavit and the current arguments/remarks. The arguments/assertions regarding the “strong adhesive tape” affixing all claimed components of the outer lens inner surface; seal/gasket; and outer surface of inner lens is not relevant to the existing claim language; the disclosure of the ‘648 reference; nor the rejection above which is based on full and direct mapping of the current claim language with respect to the disclosure of the ‘648 reference.
The relevant claim and rejection recitations are reproduced below:
“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)…” for claim 1 and:
“a seal interposed between the outer face of the inner transparent lens and the inner face of the outer transparent lens, (figs. 4N and 4O; a seal is shown/formed with both inner and outer lens; and
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, and prevent moisture from entering the airspace that exists between the inner and outer lenses, 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 15)…” for claim 15.
Further the drawings from ‘648 are reproduced below:
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‘648 states explicitly in par. 149, “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…”.
This recitation makes clear that the loop or bands 1006, 1008 are resilient and form a friction-fit attachment of the whole lens assembly 1002 to the frame that is functionally capable of providing detachable connection of the lens assembly to 1002.
The disclosure and drawings also make clear that outer lens 1001 is attached to the lens assembly and subsequently the frame by the same friction-fit loop or bands 1006, 1008; and is absent any type of adhesive otherwise integral formation of the outer lens 1001 to the seal/gasket member.
This friction fit of the loop or bands equates to the claimed limitation that the seal is “not affixed to the inner face of the outer transparent lens” from claim 1 and “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, and prevent moisture from entering the airspace that exists between the inner and outer lenses, the outer lens assembly being releasably decouplable from the inner lens assembly so that it can be easily replaced if damaged” from claim 15.
Par. 149 from ‘648 further states, “Loop/band interconnection mechanism 1006, 1008, 1017, 1019 preferably further comprises an extent portion 1010 at the furthest extent of the loop/band to facilitate easy grabbing, installation and removal of the loop/band interconnection mechanism from the goggle frame 1012. Preferably the loop/band interconnection mechanism 1006, 1008, 1017, 1019 comprises an integral extension of the same material forming the lens 1001 and transition member 1003, formed in laminate fashion together with the inner lens 1005 as well. It will be appreciated that the inner lens 1005 may or may not have such a loop/band interconnection mechanism 1006, 1008, 1017, 1019.”.
This recitation makes clear that seal/gasket 1003 is laminated to 1005 so the interface between the seal/gasket 1003 is “affixed” to the outer surface of the inner lens as in claim 1 and integrated within the eyewear chassis and affixed along the periphery of the outer face of the inner lens per claim 15.
Since the disclosure of ‘648 does disclose and is functionally capable of all relevant and existing claim limitations the rejection remains and is considered to be proper.
Assertion regarding US patent 6062688 (Vinas) being non-analogous references is incorrect. Both of the ‘648 reference and ‘688 reference are to optical functional articles worn on a user’s face with lenses and frames holding the lenses. They are clearly within the same fields of endeavor.
As noted above the ‘648 reference does already teach all of claims 5 and 20; and claims 3, 16 and 17; with the exception of male/female attachment array along the inner/outer lens assemblies per claims 5 and 20; and with the exception of that the attachment elements are complementary magnets per claims 3 and 16 and the thickness of the seal per claim 17.
As noted above, ‘648 does already teach a single male/female friction fit type attachment of outer lens, seal/gasket and inner lens of an eyewear article.
The ’688 Vinas reference is only relied upon to teach the claimed ‘attachment array along the inner/outer lens assemblies per claims 5 and 20; and the attachment element types being complementary magnets and seal thickness per claims 3 and 16.
The case of prima facie obviousness as noted in rejection above have not been specifically addressed/rebutted in the current remarks. The only assertion regarding the 103 rejection is that the references are non-analogous art which has been refuted above.
The rejections remain and are considered to be proper.
The examiner suggests that the instant independent claims ought to be amended to fully incorporate the actual structures in the current specification and/or drawings that provide the ease of detachability of the outer lens from the eyewear article in active structural limitations that are not encompassed by the disclosure of the cited prior art above; while also taking into account that the MPEP 2144.05 makes abundantly clear that modification of any integral connection to a detachable connection is known to be prima facie obvious for any desirable reasoning that would benefit from detachable access/connection.
Simple stating detachable attachment and functionality is not generally a patentable distinction for any device.
If, as noted in remarks and affidavit, the inventive concept of this application is the ease of detachability and lens replacement, applicant’s clearest path to potentially patentable subject matter would be to actively claim the structures that provide this detachability and to further provide remarks of why these structures are novel and non-obvious over the prior art of known detachable attachment structures that are widely known and used in all sorts of devices for providing simple detachable functionality for replacement, repair, etc.
Conclusion
THIS ACTION IS MADE FINAL. 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 ROBERT H MUROMOTO JR whose telephone number is (571)272-4991. The examiner can normally be reached M-Th 730-1730.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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