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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/11/2023 has been considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of claims 1 and 4-13 in the reply filed on 11/03/2025 is acknowledged.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the isolation baffle is provided between the left frame and the additional frame, and between the right frame and the additional frame must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because of the multiple spaces provided between the words provided. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
Claims 6-8, 11 and 13 are 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 5 recites the limitation "the frame" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner interprets the frame to mean either the left or the right frame.
Claim 6 recites the limitation "the frame" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner interprets the frame to mean either the left or the right frame.
Claim 7 recites the limitation "the frame" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner interprets the frame to mean either the left or the right frame.
Claim 8 recites the limitation "the frame" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner interprets the frame to mean either the left or the right frame.
Claim 11 recites the limitation "fourth protruding hull" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner interprets the fourth protruding hull as a just a protruding hull.
Regarding claim 13, the limitation "wherein an isolation baffle is provided between the left frame and the additional frame, and between the right frame and the additional frame” in claim 13 is a relative limitation which renders the claim indefinite. The claim, in light of the specification, is unclear as to what is meant by "isolation baffle”. The specification states:
¶0132 “an isolation baffle is also provided between the left frame 1 and the right frame 2. The isolation baffle is clamped by a two-layer spectacle frame, and the isolation baffle covers part of the entire face of the wearer, which can improve the protection of the face. For example, the use of polarized plastic sheets can provide sun protection for the face. As another example, the use of transparent plastic sheets may prevent dust and droplets from contaminating the face” . Based on ¶0132 the examiner still is unaware of what is the isolation baffle, with respect to the interpupillary distance adjustment assembly, the examiner needs more context on the isolation baffle.
For the sake of compact prosecution, the limitation “wherein an isolation baffle is provided between the left frame and the additional frame, and between the right frame and the additional frame” is understood by the examiner to mean a polarized film provided in the left or right frame.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US Patent Number 6,022,105 A).
Lin teaches, as in claim 1, an interpupillary distance adjustment assembly (10), comprising a left frame (101) and a right frame (102), wherein an adjustable clip (20) with an adjustable width is provided between the left frame and the right frame (Col 4. Lines 8-10 “the wearer can first adjust the distance between the first and second rims 11, 12, i.e. the two sun lenses 101, 102, to match the respective distance between the rims of the regular eyeglasses 30”), and the adjustable clip (20) is detachably connected to the left frame (101) and the right frame (102), respectively (Col. 1, lines 58 and 59 “which enables the two lenses to be detached from each other”).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over by Lin (US Patent Number 6,022,105 A) in view of Dang (CN 106707514 A).
Lin fails to teach, as in claim 4, wherein for each frame of the left frame and the right frame, an opaque cover is detachably provided on the frame, and a small hole is provided in a middle of the opaque cover. In a related art, Dang teaches wherein for each frame of the left frame and the right frame (See Fig, 3 and 4), an opaque cover (21) is detachably provided on the frame (“the light shielding plate can be buckled on the optical lens 20 and the fixing device 211 inserted into the slot 201 for fixing”), and a small hole (212) is provided in a middle of the opaque cover (21).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over by Lin (US Patent Number 6,022,105 A) in view of Dang (CN 106707514 A) and in further view of Woo Chang-Gi (KR 20150003566 U)
Lin fails to teach, as in claim 5, an opaque cover. In a related art, Dang teaches an opaque cover (21).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the an interpupillary distance adjustment assembly, as taught by Lin, with the opaque cover, as taught by Dang, for the purpose of providing a near-eye display device that provides images, that are clearly projected on the retina of the human (Page 1, bridging paragraph).
Lin and Dang fail to teach wherein at least one first protruding hull protruding outward is provided on an edge of the left frame, and the cover is provided with a second protruding hull matched with the first protruding hull, and a magnetic adsorption part is placed in the first protruding hull and the second protruding hull; and the edge of the frame is also provided with a blocking rib. In a related art, Woo Chang-Gi teaches eyeglasses (Figs. 1a-5a) wherein at least one first protruding hull (27) protruding outward is provided on an edge of the left frame (22), and the cover (13) have is provided with a second protruding hull (17) matched with the first protruding hull (27), and a magnetic adsorption part (15 and 25) is placed in the first protruding hull (17) and the second protruding hull (27); and the edge of the frame is also provided with a blocking rib (16, See Fig. 5b).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the an interpupillary distance adjustment assembly, as taught by Lin and Dang, with the protruding hulls, as taught by Woo Chang-Gi, for the purpose of providing a way to reliably and easily detach the clip on the general glasses (¶0041).
Lin and Dang fail to teach, as in claim 6, the edge of the right frame is further provided with a third protruding hull protruding outward for connecting to an external lens. In a related art, Woo Chang-Gi the edge of the right frame is further provided with a third protruding hull protruding outward for connecting to an external lens 1.
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the an interpupillary distance adjustment assembly, as taught by Lin and Dang, with the protruding hulls, as taught by Woo Chang-Gi, for the purpose of providing a way to reliably and easily detach the clip on the general glasses (¶0041).
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over by Lin (US Patent Number 6,022,105 A) in view of Woo Chang-Gi (KR 20150003566 U).
Lin fails to teach, as in claim 9, wherein a front end or a rear end of the left frame or the right frame is provided with a detachable additional frame. In a related art, Woo Chang-Gi teaches wherein a front end of the left frame (22) is provided with a detachable additional frame (Fig. 3a; see frame around lens 11).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the an interpupillary distance adjustment assembly, as taught by Lin, with the detachable frame, as taught by Woo Chang-Gi, for the purpose of providing a way to reliably and easily detach the clip on the general glasses (¶0041).
Lin fails to teach as in claim 10, wherein the front end or the rear end of the left frame or the right frame is provided with a magnetic adsorption part by setting a first installation groove; and the additional frame is provided with another magnetic adsorption part by setting a second installation groove corresponding to the first installation groove. In related art, Woo Chang-Gi teaches wherein the front end of the left frame (22) is provided with a magnetic adsorption part (25) by setting a first installation groove (magnet 25 is embedded in a hole see Fig. 2a); and the additional frame (Fig. 3a; see frame around lens 11) is provided with another magnetic adsorption part (17) by setting a second installation groove (magnet 15 is embedded in a hole see Fig. 2a) corresponding to the first installation groove (See Fig. 4 magnets 15 and 25 cause a bond between each other).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the an interpupillary distance adjustment assembly, as taught by Lin, with the detachable frame, as taught by Woo Chang-Gi, for the purpose of providing a way to reliably and easily detach the clip on the general glasses (¶0041).
Lin fails to teach as in claim 11, wherein the left frame (is provided with at least one protruding hull (27) on an edge of the frame, and the first installation groove (magnet 25 is embedded in a hole see Fig. 2a) is provided on the protruding hull (27).
Lin fails to teach, as in claim 12, wherein an edge of the left frame or the right frame is provided with an arc-shaped blocking rib extending backward or forward. In a related art, Woo Chang-Gi teaches wherein an edge of the left frame (22) is provided with an arc-shaped blocking rib 16, See Fig. 5b) extending backwards.
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the an interpupillary distance adjustment assembly, as taught by Lin, with the detachable frame, as taught by Woo Chang-Gi, for the purpose of providing a way to reliably and easily detach the clip on the general glasses (¶0041).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over by Lin (US Patent Number 6,022,105 A) in view of Woo Chang-Gi (KR 20150003566 U) in further view of Helpern (US Patent Publication Number 2005/0099588 A1).
Lin and Woo Chang-Gi fail to teach, as in claim 13, a polarized film provided in the left or right frame. In a related art, Helpern teaches a polarized film (42) provided in the left or right frame (¶0022 “lenses 20 may be fabricated from material such as plastic or glass, and are preferably polarized lenses”).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the an interpupillary distance adjustment assembly, as taught by Lin, with the polarized film, as taught by Woo Chang-Gi, for the purpose of providing a lens that is configured and polarized to reduce the glare from the sunlight (¶0024).
Allowable Subject Matter
Claims 7 and 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art fails to teach all of the limitations of claim 7 which includes wherein an outer wall of the frame is provided with a connecting block protruding outward, and the connecting block is provided with a through hole, the adjustable clip includes a connecting rod, two ends of the connecting rod are provided with a support leg, and the support leg is inserted into the through hole.
The prior art fails to teach all of the limitations of claim 8 which includes wherein an installation groove is provided on an inner ring of the frame opposite to a side where the opaque cover is installed, and an inner wall of the installation groove is provided with a limiting protruding rib.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Epstein (US Patent Publication Number 2004/0130674 A1) teaches comprising a left frame and a right frame, wherein an adjustable clip with an adjustable width is provided between the left frame and the right frame.
Friedman (US Patent Number 6,302,538 B1) teaches comprising a left frame and a right frame, wherein an adjustable clip with an adjustable width is provided between the left frame and the right frame.
Kaji (US Patent Publication Number 2015/0103306 A1) teaches comprising a left frame and a right frame, wherein an adjustable clip with an adjustable width is provided between the left frame and the right frame.
Huang (US Patent Publication Number 2020/0233237 A1) teaches comprising a left frame and a right frame, wherein an adjustable clip with an adjustable width is provided between the left frame and the right frame.
Maric (US Patent Publication Number 2021/0325678 A1) teaches comprising a left frame and a right frame, wherein an adjustable clip with an adjustable width is provided between the left frame and the right frame.
Won (US Patent Publication Number 2008/0143951 A1) teaches comprising a left frame and a right frame, wherein an adjustable clip with an adjustable width is provided between the left frame and the right frame, and the adjustable clip is detachably connected to the left frame and the right frame.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOURNEY F. SUMLAR
Examiner
Art Unit 2872
03 February 2026
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
1 Dang teaches four hulls between the left and right frame and both sides of the cover. 1st protruding hull is the left frame projection 27, second protruding hull is the left projection 17 of the cover, and the third protruding hull is the right frame projection 27.