DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/06/2023 being considered by the examiner. A copy of initialed form is attached for Applicant’s record.
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al.(US 2007/0273823 A1 of record).
Regarding claim 1, Lee discloses an eyeglass set (50), in figure 1, comprising:
an eyeglass frame (1) having a front portion and a pair of temples (10) laterally displaced across the front portion, the front portion having two cutouts therein;
a first lens and a second lens (11, 11”), one of the cutouts having the first lens (11) mounted therein and another of the cutouts having the second lens (11) mounted therein;
a first magnetically active material (M1, M2, M3, M4, M5)(par.[0027]) covering the front portion, wherein an entirety of the front portion is covered with the first magnetically active material (M1, M2, M3, M4, M5, . . .)(Lee implies no limit amount of magnets M1, M2, M3, M3, M5, …);
a decorative attachment (100) having an inner side and an outer side; and
a second magnetically active material (m1, m2, . . . mn) being attached to and covering the inner side, the first (M1, M2, M3, M4, M5, . . .) and second (m1, m2, . . . mn) magnetically active materials being magnetically attached to each other and removably coupling the decorative attachment to the eyeglass frame (par.[0028]).
Regarding claim 2, Lee discloses the eyeglass set of claim 1, wherein the pair of the temples is pivotably coupled to the eyeglass frame (see the hinges in figure 1).
Regarding claim 3, Lee discloses the eyeglass set of claim 1, wherein the decorative attachment (100) has a same shape and is complementary to a frame shape of the front portion (see Figure 1, items 50 and 100).
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 4-9 are rejected under 35 U.S.C. 103 as being unpatentable over Lee as applied to claim 1 above, in view of Gordon et al.(US 11,409,135 of record).
Regarding claims 4 and 7, Lee discloses eyeglass set of claim 1 with the eyeglass frame (figure 1, frame 1). However, Lee does not expressly disclose wherein a decorative indicium being applied to the outer side; wherein the eyeglass frame (1) made of common material such as plastic or metal. Gordon is in same field of endeavor and teaches wherein a decorative indicium being applied to the outer side (Figure 6); wherein eyeglass frame comprises a plastic material, a metal material, or combinations thereof (i.e., plastic; col.4, lines 8-19). Therefore, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to applied teaching of plastic frame of Gordon to device of Lee for low cost and low weight purposes.
Regarding claims 5 and 6, Lee discloses the eyeglass set of claim 1 with decorative. However, Lee does not disclose a decorative indicium being applied to the outer side; wherein the decorative indicia further comprising a solid color; wherein the decorative indicia further comprising a pattern. Gordon et al. is in same field of endeavor and teaches, in figure 6, a decorative indicium being applied to the outer side; wherein the decorative indicia further comprising a solid color; wherein the decorative indicia further comprising a pattern (col. 2, line 65 – col.3, line 2). Therefore, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to applied teaching of decorative indicia of Gordon to device of Lee for decoration purposes.
Regarding claim 8, Lee discloses the eyeglass set of claim 1 with decorative. However, Lee does not disclose wherein the decorative attachment further comprising materials including natural and synthetic materials. Gordon et al. is in same field of endeavor and teaches, in figure 1, wherein the decorative attachment (top frame 40) comprising materials including natural and synthetic materials (col. 8, lines 47-59). Therefore, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to applied teaching of decorative indicia of Gordon to device of Lee for durable, flexible and light weight purposes.
Regarding claim 9, Lee discloses an eyeglass set (50), in figure 1, comprising:
an eyeglass frame (1) having a front portion and a pair of temples (10) laterally displaced across the front portion, the front portion having two cutouts therein;
the pair of the temples being pivotably coupled to the eyeglass frame;
a first lens and a second lens (11, 11”), one of the cutouts having the first lens (11) mounted therein and another of the cutouts having the second lens (11) mounted therein;
a first magnetically active material (M1, M2, M3, M4, M5)(par.[0027]) covering the front portion, wherein an entirety of the front portion is covered with the first magnetically active material (M1, M2, M3, M4, M5, . . .)(Lee implies no limit amount of magnets M1, M2, M3, M3, M5, …);
a decorative attachment (100) having an inner side and an outer side, the decorative attachment having a same shape and being complementary to a frame shape of the front portion of the frame (50);
a second magnetically active material (m1, m2, . . . mn) being attached to and covering the inner side, the first (M1, M2, M3, M4, M5, . . .) and second (m1, m2, . . . mn) magnetically active materials being magnetically attached to each other and removably coupling the decorative attachment to the eyeglass frame (par.[0028]).
However, Lee does not disclose wherein a decorative indicium being applied to the outer side, the decorative indicia including a solid color; wherein the eyeglass frame comprising a plastic material, a metal material, or combinations thereof; and wherein the decorative attachment comprising materials including natural and synthetic materials.
Gordon et al. is in same field of endeavor and teaches, in figure 6, a decorative indicium including a solid color; wherein the eyeglass frame comprises a plastic material, a metal material, or combinations thereof (i.e., plastic; col.4, lines 8-19); wherein the decorative attachment (top frame 40) comprising materials including natural and synthetic materials (col. 8, lines 47-59). Therefore, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to applied teaching of decorative indicia of Gordon to device of Lee for durable, flexible and light weight purposes.
Conclusion
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/TUYEN TRA/Primary Examiner, Art Unit 2872