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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings filed on 08/09/2023 are acknowledged and accepted.
Response to Amendment
The amendments filed on 1/5/2026 are acknowledged and accepted. Claims 1, 3, and 6 are amended and Claims 1-10 remain pending in the application. The 112(b) rejection of Claim 3 is withdrawn.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 8, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thorsell (US 20180252938 A1).
With respect to Claim 1, Thorsell discloses a glasses structure (Fig. 7-- element 200, eyewear; see also: [0035]) defining a side facing a wearer's face as an inner surface (Fig. 7-- side of the eyewear that faces the user) and a side facing an outside as an outer surface (Fig. 7-- side of the eyewear that faces away from the user), the glasses structure (Fig. 7-- element 200, eyewear; see also: [0035]) comprising:
a frame (Fig. 7-- element 250, tab portion; see also: [0048]) respectively arranging a first magnetic seat (Fig. 7-- element 256, magnet housing; see also: [0053]) on both sides thereof, each of the first magnetic seats (Fig. 7-- element 256, magnet housing; see also: [0053]) having a first magnetic element (Fig. 12b-- element 261-2, second magnetic material; see also: [0053]) and the first magnetic seats (Fig. 7-- element 256, magnet housing; see also: [0053]) integrally formed (Fig. 7-- element 256 is formed in element 250) with the frame (Fig. 7-- element 250, tab portion; see also: [0048]);
two temples (Fig. 7-- element 240, lever portion; see also: [0053]) respectively pivotally connected (Fig. 7—element 240 is pivotally connected to element 250 via element 233) to two sides of the frame (Fig. 7-- element 250, tab portion; see also: [0048]);
a lens unit (Fig. 7-- element 201, lens assembly; see also: [0055]) including a lens body (Fig. 7-- element 212, lens; see also: [0065]) and a second magnetic seat (Fig. 12B-- element 231, seat; see also: [0054]) positioned on both sides of the lens body (Fig. 7-- element 212, lens; see also: [0065]), each of the second magnetic seats (Fig. 12B-- element 231, seat; see also: [0054]) having a second magnetic element (Fig. 12B-- element 261-1, seat; see also: [0051]) that is mutually magnetically attracted (Fig. 12b—elements 261-1 and 261-2 are attracted to each other) to each of the first magnetic elements (Fig. 12b-- element 261-2, second magnetic material; see also: [0053]), the second magnetic seats (Fig. 12B-- element 231, seat; see also: [0054]) integrally formed with a support portion (Fig. 7—element 222, carrier; [0044]) of the lens (Fig. 7—element 212, lens; [0056]), and the lens unit (Fig. 7-- element 201, lens assembly; see also: [0055]) being operable to detach ([0001]: the lenses are removable) from the frame (Fig. 7-- element 250, tab portion; see also: [0048]); and
two blocking walls (Fig. 7-- element 246-1, ramp; see also: [0056]) and both sides of the frame (Fig. 7-- element 250, tab portion; see also: [0048]) jointly surround two sides of the lens unit (Fig. 7-- element 201, lens assembly; see also: [0055]).
With respect to Claim 2, Thorsell discloses the glasses structure of claim 1, and further discloses wherein each of the blocking walls (Fig. 7-- element 246-1, ramp; see also: [0056]) is integrally formed with a front end of each of the temples (Fig. 7-- element 240, lever portion; see also: [0053]), and when each of the temples (Fig. 7-- element 240, lever portion; see also: [0053]) is folded, each of the blocking walls (Fig. 7-- element 246-1, ramp; see also: [0056]) is away from the two sides of the lens unit (Fig. 7-- element 201, lens assembly; see also: [0055]) along with each of the temples (Fig. 7-- element 240, lever portion; see also: [0053]).
With respect to Claim 3, Thorsell discloses the glasses structure of claim 1, and further discloses wherein each of the first magnetic seats (Fig. 7-- element 256, magnet housing; see also: [0053]) is grooved (Fig. 7-- element 256 is a recess on the outer side of element 1250) on the outer surface (Fig. 7-- side of the eyewear that faces away from the user) of the frame (Fig. 7-- element 250, tab portion; see also: [0048]), each of the second magnetic seats (Fig. 12B-- element 231, seat; see also: [0054]) is protruded (Fig. 12B-- element 231 protrudes from the inner surface of element 212) on the inner surface (Fig. 7-- side of the eyewear that faces the user) of the lens body (Fig. 7-- element 212, lens; see also: [0065]), and each of the second magnetic seats (Fig. 12B-- element 231, seat; see also: [0054]) is embedded (Fig. 12B—elements 256 and 231 are touching) in each of the first magnetic seats (Fig. 7-- element 256, magnet housing; see also: [0053]).
With respect to Claim 4, Thorsell discloses the glasses structure of claim 1, and further discloses wherein a blocking walls (Fig. 7-- top surface of element 222, carrier; see also: [0048]) extends from a top of the frame (Fig. 7-- element 250, tab portion; see also: [0048]) towards the outer surface (Fig. 7-- side of the eyewear that faces away from the user) thereof, and the blocking walls (Fig. 7-- top surface of element 222, carrier; see also: [0048]) is spaced above the lens body (Fig. 7-- element 212, lens; see also: [0065]).
With respect to Claim 5, Thorsell discloses the glasses structure of claim 1, and further discloses wherein each of the blocking walls (Fig. 7-- element 246-1, ramp; see also: [0056]) is formed integrally with both sides of the frame (Fig. 7-- element 250, tab portion; see also: [0048]) respectively, each of the blocking walls (Fig. 7-- element 246-1, ramp; see also: [0056]) and both sides of the frame (Fig. 7-- element 250, tab portion; see also: [0048]) jointly define a downwardly groove (Fig. 7—groove defined by elements 244 and 246), each of the grooves (Fig. 7—groove defined by elements 244 and 246) has an open end (Fig. 7— opening of the groove defined by elements 244 and 246) communicating with the groove (Fig. 7—groove defined by elements 244 and 246), and each of the open ends (Fig. 7— opening of the groove defined by elements 244 and 246) is opposite.
With respect to Claim 8, Thorsell discloses the glasses structure of claim 1, and further discloses wherein a nose pad (Fig. 7—element 219, nose piece assembly; see also: [0040]) assembly is arranged at a middle section of the lens body (Fig. 7—section of element 212 that is disposed between the eyes of the user).
With respect to Claim 10, Thorsell discloses the glasses structure of claim 1, and further discloses wherein each of the first magnetic seat (Fig. 7-- element 256, magnet housing; see also: [0053]) is provided with a positioning slot (Fig. 7-- element 252, hinge part; see also: [0050]), and each of the second magnetic seats (Fig. 12B-- element 231, seat; see also: [0054]) is provided with a positioning column (Fig. 7-- element 233, temple hinge; see also: [0050]) embedded in each of the positioning slots (Fig. 7-- element 252, hinge part; see also: [0050]).
Claim Rejections - 35 USC § 103
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 6-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Thorsell (US 20180252938 A1) in view of Chen (EP 1550898 A1).
With respect to Claim 6, Thorsell discloses the glasses structure of claim 1, and Thorsell further discloses the lens unit (Fig. 7-- element 201, lens assembly; see also: [0055]) is provided with the support portion (Fig. 7—element 222, carrier; [0044]) connected between (Fig. 7—element 222 is disposed on both sides of the glasses and connects the elements between the second magnetic seats) the second magnetic seats (Fig. 12B-- element 231, seat; see also: [0054]). Thorsell does not further disclose wherein a third magnetic element is provided at a middle section of the frame, the lens unit is provided with the support portion connected between the second magnetic seats, and the support portion is provided with a fourth magnetic element which is magnetically attracted to the third magnetic element.
Thorsell and Chen are related as both pertaining to the field of eyeglasses. Chen discloses a glasses structure (Fig. 1—eyeglasses, see also: [0014]) wherein a third magnetic element (Fig. 1—element 16, magnetic material; see also: [0014]) is provided at a middle section of the frame (Fig. 1—middle section of the frame which is disposed between the eyes of the user), and the support portion (Fig. 2— middle section of element 30 which is disposed between the eyes of the user) is provided with a fourth magnetic element (Fig. 2— element 31, second magnetic material; see also: [0015]) which is magnetically attracted (Figs. 1 and 2—elements 16 and 31 are magnetically attracted to each other) to the third magnetic element (Fig. 1—element 16, magnetic material; see also: [0014]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the glasses of Thorsell with the third magnetic element of Chen in order to create a device which is capable of swapping lenses easily without the use of rims (Chen, [0011]).
With respect to Claim 7, Thorsell discloses the glasses structure of claim 1, and but does not further disclose wherein a bonding portion protrudes from the middle section of the frame, and the bonding portion is located below the support portion to limit the downward displacement of the support portion.
Thorsell and Chen are related as both pertaining to the field of eyeglasses. Chen discloses a glasses structure (Fig. 1—eyeglasses, see also: [0014]) wherein a bonding portion (Fig. 1—element 20, supporting unit; see also: [0014]) protrudes from the middle section of the frame (Fig. 1—middle section of the frame which is disposed between the eyes of the user), and the bonding portion (Fig. 1—element 20, supporting unit; see also: [0014]) is located below the support portion (Fig. 2— middle section of element 30 which is disposed between the eyes of the user) to limit the downward displacement of the support portion (Fig. 2— middle section of element 30 which is disposed between the eyes of the user).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the glasses of Thorsell with the bonding portion of Chen in order to create a device which has means to engage the nose bridge and the supporting unit (Chen, [0011]).
With respect to Claim 9, Thorsell discloses the glasses structure of claim 7, and further discloses a nose pad assembly (Fig. 7—element 219, nose piece assembly; see also: [0040]).
Thorsell and Chen are related as both pertaining to the field of eyeglasses. Chen discloses a glasses structure (Fig. 1—eyeglasses, see also: [0014]) wherein a nose pad assembly (Fig. 1—element 14, nose bridge; see also: [0014]) is arranged downwards at the bonding portion (Fig. 1—element 20, supporting unit; see also: [0014]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the glasses of Thorsell with the bonding portion of Chen in order to create a device which has means to engage the nose bridge and the supporting unit (Chen, [0011]).
Response to Arguments
Applicant's arguments filed 1/5/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the frame is a single component) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Examiner disagrees with Applicant’s argument that Thorsell does not disclose a first magnetic element magnetically attracted to a second magnetic element. Thorsell discloses in Figure 12b (Fig. 12B is cross-sectional partial views of an eyewear in accordance with the present disclosure) elements 261-1 and 261-2 are attracted to each other.
Examiner disagrees with Applicant’s argument that Thorsell does not disclose temples pivotally connected to both sides of frame for the function of wearing. Thorsell disclose in Figure 12B that element 240 is attached to element 232 and moves with element 232 when the temple arms of the glasses are opened and closed for wearing. Therefore, element 240 and element 232 together make up the temple arm portion of the glasses device as both portions are necessary for allowing the glasses to be worn and also folded.
In response to applicant's argument that the present application mainly operates the lens unit 4 to be magnetically attracted to/detached from the frame 2 to form fixation/separation, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Examiner disagrees with Applicant’s argument that Thorsell does not disclose that when each of the temples is folded, each of the blocking walls is away from two sides of the lens unit along with each of the temples. Thorsell discloses in Fig. 12B that when the temple pieces 240 and 232 are folded, element 246-1 is away from the sides of the lens 212.
Examiner disagrees with Applicant’s argument that Thorsell does not disclose element 250 is magnetically secured and 231 does not have magnetic material. Thorsell discloses in Fig. 7 and Fig. 12B that element 250 is secured to the lens element 212 via a magnetic connection between elements 261-1 and 261-2. Thorsell discloses in Fig. 12B that element 231 is a space which encompasses the housing for the magnetic material 261-2.
Examiner disagrees with Applicant’s argument that Thorsell does not disclose wherein a blocking walls extends from a top of the towards the outer surface thereof, and the blocking walls is spaced above the lens body. In Fig. 7, Thorsell does disclose wherein a blocking walls (Fig. 7-- top surface of element 222, carrier; see also: [0048]) extends from a top of the frame (Fig. 7-- element 250, tab portion; see also: [0048]) towards the outer surface (Fig. 7-- side of the eyewear that faces away from the user) thereof, and the blocking walls (Fig. 7-- top surface of element 222, carrier; see also: [0048]) is spaced above the lens body (Fig. 7-- element 212, lens; see also: [0065]).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a stop portion) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Examiner disagrees with Applicant’s argument that Thorsell does not disclose the blocking walls being integrals formed with the frame. Element 250 and element 246 are integrally formed via a hinge element. Examiner disagrees with Applicant’s argument that Thorsell does not disclose a groove with a downward facing opening. In Fig. 12-b, Thorsell discloses a space formed by elements 246 and 244 which has an opening in the downwards direction.
In response to applicant's argument that the temple hinge does not have the function of lens positioning, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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.
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/MACKENZI BOURQUINE/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872