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 .
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.
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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jin (KR-20130004945U).
(It should be noted that all relevant portions of the Jin reference are cited with respect to the accompanying English Language Machine Translation of KR-20130004945U).
As pertaining to Claim 1, Jin discloses (see Fig. 3; also see Fig. 2a) an eyeglasses frame (1) and nose pad assembly (10, 20) comprising (see Description of Embodiments at Page 9, Paragraphs [01]-[03]):
an eyeglasses frame (1) having:
two rims (i.e., a left rim and a right rim); and
two combining portions (10; i.e., a left combining portion and a right combining portion), and each one of the two combining portions (10) formed on a lateral part (see Fig. 3) of a respective one of the two rims (i.e., the left rim and the right rim), and the two lateral parts of the two rims (see Fig. 3) oriented toward each other (i.e., to face a nose of the user); each one of the two combining portions (10) including:
at least one recess (i.e., a hole (11) and/or indention) formed on a corresponding one of the two rims (i.e., the left rim and the right rim; see Fig. 3 and note that (10) is formed on a left rim and a right rim); and
a main body (see the body of (10)) having:
a first primary engaging portion (see a first (12)) formed on a side (i.e., an arbitrary side), which is oriented toward (i.e., arbitrarily toward) the at least one recess (i.e., hole (11) and/or indention), of the main body (10); and
a second primary engaging portion (i.e., an inner engaging portion of (10)) formed on an inner lateral surface of the main body (see (10)) which faces to a nose of a user; the first primary engaging portion (see a first (12)) and the second primary engaging portion (i.e., an inner engaging portion of (10)) being formed in different directions (i.e., on an XY plane of (10)); and
two nose pads (20; i.e., a left nose pad and a right nose pad) detachably mounted on the two combining portions (10) respectively, and each one of the two nose pads (20) being flexible (i.e., silicone or rubber) and having:
at least one protrusion (22) engaging with the at least one recess (i.e., hole (11) and/or indention) of a corresponding one of the two combining portions (10);
a first secondary engaging portion (i.e., see a first (22b)) formed on the at least one protrusion (22) and detachably engaging with the first primary engaging portion (see a first (12)) of the main body (i.e., see (10)) of the corresponding combining portion (10);
an abutting portion (i.e., a surface of (21)) connected to the at least one protrusion (22); and
a second secondary engaging portion (i.e., a side surface of (22a)) formed on the abutting portion (i.e., the surface of (21)) and detachably engaging with the second primary engaging portion (i.e., an inner engaging portion of (10)) of the main body (see (10)) of the corresponding combining portion (10); the first secondary engaging portion (i.e., see a first (22b)) and the second secondary engaging portion (i.e., a side surface of (22a)) being formed in different directions (i.e., on an XY plane of (20); see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 2, Jin discloses (see Fig. 3; also see Fig. 2a) that:
a number of the at least one recess (i.e., hole (11) and/or indention) of each one of the two combining portions (10) is one, and the recess (i.e., hole (11) and/or indention) is formed by another side (i.e., an arbitrary side), which is oriented upward (i.e., arbitrarily upward), of the main body (see (10));
a number of the at least one protrusion (22) of each one of the two nose pads (20) is one, and the protrusion (22) is formed at an upper part (i.e., an arbitrary part) of the abutting portion (i.e., a surface of (21); again, see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 3, Jin discloses (see Fig. 3; also see Fig. 2a) that:
a number of the at least one recess (i.e., hole (11) and/or indention) of each one of the two combining portions (10) is one, and the recess (i.e., hole (11) and/or indention) is formed by another side (i.e., an arbitrary side), which is oriented downward (i.e., arbitrarily downward), of the main body (see (10)); and
a number of the at least one protrusion (22) of each one of the two nose pads (20) is one, and the protrusion (22) is formed at a lower part (i.e., an arbitrary part) of the abutting portion (i.e., a surface of (21); again, see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 4, Jin discloses (see Fig. 3; also see Fig. 2a) that:
a number of the at least one recess (i.e., hole (11) and/or indention) of each one of the two combining portions (10) is one, and the recess (i.e., hole (11) and/or indention) is formed on another side (i.e., an arbitrary side), which is oriented toward (i.e., arbitrarily toward) a face of the user, of the main body (see (10)); and
a number of the at least one protrusion (22) of each one of the two nose pads (20) is one, and the protrusion (22) is formed on a lateral side (i.e., an arbitrary side) of the abutting portion (i.e., a surface of (21); again, see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 5, Jin discloses (see Fig. 3; also see Fig. 2a) that:
the main body (see (10)) of each one of the two combining portions (10) has a third primary engaging portion (see a second (12)); the first primary engaging portion (see a first (12)) is formed on a side (i.e., an arbitrary side), which is oriented upward (i.e., arbitrarily upward), of the main body (see (10)), and the third primary engaging portion (see a second (12)) is formed on another side (i.e., another arbitrary side), which is oriented downward (i.e., arbitrarily downward), of the main body (see (10));
a number of the at least one recess (i.e., hole (11) and/or indention) of each one of the two combining portions (10) is two; one of the two recesses (i.e., hole (11) and/or indention) is formed by the side (i.e., the arbitrary side) of the main body (see (10)) which is oriented upward (i.e., arbitrarily upward), and another one of the two recesses (i.e., hole (11) and/or indention) is formed by the side (i.e., the arbitrary side) of the main body (see (10)) which is oriented downward (i.e., arbitrarily downward);
each one of the two nose pads (20) has a third secondary engaging portion (i.e., see a second (22b)) detachably engaging with the third primary engaging portion (see a second (12)) of the main body (see (10)) of the corresponding combining portion (10); and
a number of the at least one protrusion (22) of each one of the two nose pads (20) is two (i.e., see any two protruding portions of (22)), and the two protrusions (i.e., see any two protruding portions of (22)) are formed on an upper part (i.e., an arbitrary upper part) and a lower part (i.e., an arbitrary lower part) of the abutting portion (i.e., a surface of (21)) respectively; each one of the two protrusions (i.e., see any two protruding portions of (22)) has a side surface (i.e., a side surface of (22)) and the two side surfaces (i.e., the side surfaces of (22)) of the two protrusions (i.e., see any two protruding portions of (22)) face to each other, and the first secondary engaging portion (i.e., see a first (22b)) and the third secondary engaging portion (i.e., see a second (22b)) are formed on the side surfaces (i.e., the side surfaces of (22)) of the two protrusions (i.e., see any two protruding portions of (22)) respectively (again, see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 6, Jin discloses (see Fig. 3; also see Fig. 2a) that the first primary engaging portion (see a first (12)) of the main body (see (10)) of each one of the two combining portions (10) is a protruding structure (see Fig. 3; and see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 7, Jin discloses (see Fig. 3; also see Fig. 2a) that the first primary engaging portion (see a first (12)) of the main body (see (10)) of each one of the two combining portions (10) is a protruding structure (see Fig. 3; and see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 8, Jin discloses (see Fig. 3; also see Fig. 2a) that the second primary engaging portion (i.e., an inner engaging portion of (10)) of the inner lateral surface of the main body (see (10)) of each one of the two combining portions (10) is a recessed structure (i.e., a hole or indented structure; see Fig. 3; and again, see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 9, Jin discloses (see Fig. 3; also see Fig. 2a) that the second primary engaging portion (i.e., an inner engaging portion of (10)) of the inner lateral surface of the main body (see (10)) of each one of the two combining portions (10) is a recessed structure (i.e., a hole or indented structure; see Fig. 3; and again, see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 10, Jin discloses (see Fig. 3; also see Fig. 2a) that the second primary engaging portion (i.e., an inner engaging portion of (10)) of the inner lateral surface of the main body (see (10)) of each one of the two combining portions (10) is non-circular (see Fig. 3; and again, see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 11, Jin discloses (see Fig. 3; also see Fig. 2a) that the second primary engaging portion (i.e., an inner engaging portion of (10)) of the inner lateral surface of the main body (see (10)) of each one of the two combining portions (10) is non-circular (see Fig. 3; and again, see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 12, Jin discloses (see Fig. 3; also see Fig. 2a) that each one of the two nose pads (20) has a contact surface configured to contact the nose of the user (see Fig. 3); and
when each one of the two nose pads (20) is engaging with a corresponding one of the two combining portions (10), the contact surface of the nose pad (20) is level with a part of a corresponding one of the two rims (i.e., a left rim and a right rim) surrounding the nose pad (20; again, see Fig. 3 and see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 13, Jin discloses (see Fig. 3; also see Fig. 2a) that each one of the two nose pads (20) has a contact surface configured to contact the nose of the user (see Fig. 3); and
when each one of the two nose pads (20) is engaging with a corresponding one of the two combining portions (10), the contact surface of the nose pad (20) is level with a part of a corresponding one of the two rims (i.e., a left rim and a right rim) surrounding the nose pad (20; again, see Fig. 3 and see Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 14, Jin discloses (see Fig. 3; also see Fig. 2a) that a thickness of each one of the two nose pads (20) gradually decreases from an end (i.e., an arbitrary end) which is adjacent to the protrusion (22) to another end (i.e., an arbitrary end; again, see Fig. 3 and Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
As pertaining to Claim 15, Jin discloses (see Fig. 3; also see Fig. 2a) that a thickness of each one of the two nose pads (20) gradually decreases from an end (i.e., an arbitrary end) which is adjacent to the protrusion (22) to another end (i.e., an arbitrary end; again, see Fig. 3 and Description of Embodiments, Page 9, Paragraph [05] through Page 11, Paragraph [03]).
Response to Arguments
Applicant's arguments filed 07 October 2025 have been fully considered but they are not persuasive. The applicant has argued that none of the references relied upon by the examiner in the prior Office Action, particularly Jin, teach or fairly suggest “at least one recess formed on a corresponding one of the two rims” as newly recited in independent Claim 1. Specifically, the applicant has argued that the teachings of Jin suggest “press-fit holed formed on the pad arms additionally connected to the rims rather than directed forming recesses on the rims” (see Remarks at Pages 11 and 12). The examiner respectfully remind the applicant that the claims must be given their broadest reasonable interpretation in view of the Specification without reading structural and/or functional features from the Specification into the claims. The claimed invention requires “at least one recess formed on a corresponding one of the two rims.” The claimed “recess” is open to broad interpretation and the manner in which the claimed “recess” is “formed on” one of the two rims is open to broad interpretation. Jin clearly provides (see Fig. 3) for at least one recess, namely a hole (11) and/or an indention, that is formed on a corresponding one of the two rims, as the structure (10) is plainly shown to be formed on both a left rim and a right rim.
The applicant has further argued that amended Claim 1 “is not obvious over Jin” as “Jin is incapable of achieving the amended Claim 1” (see Remarks spanning Pages 12 and 13), that one “having ordinary skill in the art would not be motivated to modify Jin to achieve the amended Claim 1” (see Remarks at pages 13 and 14), and that “amended Claim 1 possesses beneficial effects with respect to the prior arts” (see Remarks at Page 14). Respectfully, these arguments are moot as the current rejection of Claim 1 is not an obviousness rejection, and a structure having all of the structural features as recited in Claim 1 would provide the same beneficial effects as the structure of Claim 1.
Therefore, the rejection of Claims 1-15 is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xie (CN-115236875), corresponding to Xie TWM638795 submitted by the applicant via Information Disclosure Statement on 06 July 2023, discloses a nose pad assembly structure that is relevant to the claimed invention.
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 JASON M MANDEVILLE whose telephone number is (571)270-3136. The examiner can normally be reached Mon - Fri 7:30AM-4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh Nguyen can be reached at 571-272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON M MANDEVILLE/Primary Examiner, Art Unit 2623