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 07/11/2023 are acknowledged and accepted.
Response to Amendment
The amendments filed on 10/29/2025 are acknowledged and accepted. Claims 1 and 6 are amended and Claims 1-7 remain pending in the application.
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 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawanishi (US 20090161062 A1).
With respect to Claim 1, Kawanishi discloses a pair of eyeglasses (Fig. 3— eyeglasses; see also: [0040]), comprising:
a lens having a lens body (Fig. 3— element 2, lens; see also: [0040]), and two engaging grooves (Fig. 3— element 2b, space portion; see also: [0042]) respectively formed in left and right sides of said lens body (Fig. 3— element 2, lens; see also: [0040]), each of said engaging grooves (Fig. 3— element 2b, space portion; see also: [0042]) having an engaging section in the form of a circular hole (Fig. 3— element 2b has a circular hole), and an opening section extending rearwardly from and communicating with said engaging section (Fig. 3— element 2b has an opening section extending rearwardly from the circular hole), said opening section having a width measured in a top-bottom direction smaller than an inner diameter (Fig. – the opening section is tapered inwards by element 7) of said engaging section (Fig. 3—element 2b utilizes a circular hole with a flared opening);
two quick release mechanisms (Fig. 3-- elements 1, 3b, and 3c; see also: [0041] and [0044]) respectively and detachably disposed on said left and right sides of said lens body (Fig. 3— element 2, lens; see also: [0040]), each of said quick release mechanisms (Fig. 3-- elements 1, 3b, and 3c; see also: [0041] and [0044]) including
a positioning member (Fig. 3— element 3b, external contact body; see also: [0045]) defining a positioning slot (Fig. 5— element 15a, insertion grooves; see also: [0045]) for insertion of a respective one of said left and right sides of said lens body (Fig. 3— element 2, lens; see also: [0040]) therein, and a receiving hole (Fig. 5— element 8, retaining hole; see also: [0045]) located inwardly of and communicating with said positioning slot (Fig. 5— element 15a, insertion grooves; see also: [0045]),
an engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]) disposed in said positioning member (Fig. 3— element 3b, external contact body; see also: [0045]) and detachably engaged to said engaging section (Fig. 3— element 2b has an opening section extending rearwardly from the circular hole) of a respective one of said engaging grooves (Fig. 3— element 2b, space portion; see also: [0042]), said engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]) having a slide piece portion (Fig. 6-- element 9b, retaining portions; see also: [0046]) with a maximum width measured in the top-bottom direction smaller than said width of said opening section (Fig. 6—element 9b is designed to be inserted through element 2b, thus; it has a smaller diameter), and a stop block portion (Fig. 6-- flat top of element 9b, retaining portion; see also: [0046]) connected to an inner side of said slide piece portion (Fig. 6-- element 9b, retaining portions; see also: [0046]) and having an outer diameter larger than said width of said opening section but smaller than or equal to said inner diameter of said engaging section (Fig. 3—element 9 engages snugly with element 2b) (Fig. 3—the stop block portion is designed to prevent element 9 from disengaging from element 2b, thus; the width is larger than that of the opening section and at least equal to that of the engaging section), said stop block portion (Fig. 6-- flat top of element 9b, retaining portion; see also: [0046]) having two slide surfaces (Fig. 6-- sloped surfaces of element 9b, retaining portion; see also: [0046]) that are inclined forwardly and downwardly therefrom (Fig. 6—the sloped surfaces protrude out and down from the top surface), and
a connecting member (Fig. 3-- element 4a and 4b, supporting shaft and extending portion; see also: [0047]) disposed on rear sides of said positioning member (Fig. 3— element 3b, external contact body; see also: [0045]) and said engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]); and
two temples (Fig. 3-- element 4, temple; see also: [0047]) respectively connected to rear ends of said connecting members (Fig. 3-- element 4b, extending portion; see also: [0047]) of said quick release mechanisms (Fig. 3-- elements 1, 3b, and 3c; see also: [0041] and [0044]),
wherein, for each of said quick release mechanisms (Fig. 3-- elements 1, 3b, and 3c; see also: [0041] and [0044]), said stop block portion (Fig. 6-- flat top of element 9b, retaining portion; see also: [0046]) of said engaging member(Fig. 3-- element 3c, internal contact body; see also: [0043]) and the respective one of said engaging grooves (Fig. 3— element 2b, space portion; see also: [0042]) are located in said positioning slot (Fig. 5— element 15a, insertion grooves; see also: [0045]) of said positioning member (Fig. 3— element 3b, external contact body; see also: [0045]), and
wherein, when said engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]) of each of said quick release mechanisms (Fig. 3-- elements 1, 3b, and 3c; see also: [0041] and [0044]) is pressed into said positioning member (Fig. 3— element 3b, external contact body; see also: [0045]), said slide piece portion (Fig. 6-- element 9b, retaining portions; see also: [0046]) is located in said positioning slot (Fig. 5— element 15a, insertion grooves; see also: [0045]) and said stop block portion (Fig. 6-- flat top of element 9b, retaining portion; see also: [0046]) is received in said receiving hole (Fig. 5— element 8, retaining hole; see also: [0045]) to allow detachment of each of said quick release mechanisms (Fig. 3-- elements 1, 3b, and 3c; see also: [0041] and [0044]) from said lens body (Fig. 3— element 2, lens; see also: [0040]).
With respect to Claim 2, Kawanishi discloses the pair of eyeglasses as claimed in claim 1, and further discloses wherein said engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]) of each of said quick release mechanisms (Fig. 3-- elements 1, 3b, and 3c; see also: [0041] and [0044]) further has a main wall portion (Fig. 3-- flat external surface of element 3c; see also: [0043]) connected to said slide piece portion (Fig. 6-- element 9b, retaining portions; see also: [0046]), and a pivot arm portion (Fig. 3-- element 16, retaining pieces; see also: [0046]) that is located rearwardly of said stop block portion (Fig. 6-- flat top of element 9b, retaining portion; see also: [0046]) and said slide piece portion (Fig. 6-- element 9b, retaining portions; see also: [0046]), that extends inwardly from said main wall portion (Fig. 3-- flat external surface of element 3c; see also: [0043]) and that is pivotally disposed in said positioning member (Fig. 3— element 3b, external contact body; see also: [0045]).
With respect to Claim 3, Kawanishi discloses the pair of eyeglasses as claimed in claim 2, and further discloses wherein said positioning member (Fig. 3— element 3b, external contact body; see also: [0045]) of each of said quick release mechanisms (Fig. 3-- elements 1, 3b, and 3c; see also: [0041] and [0044]) has an inner frame portion (Fig. 5-- inner diameter of element 8, receiving hole; see also: [0045]) defining said receiving hole (Fig. 5— element 8, retaining hole; see also: [0045]), an outer frame portion (Fig. 5-- outer diameter of element 8, receiving hole; see also: [0045]) connected to an outer side of said inner frame portion (Fig. 5-- inner diameter of element 8, receiving hole; see also: [0045]) and surrounding said engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]), and two pivot lugs (Fig. 5-- element 14, supporting groove; see also: [0045]) that extend rearwardly from said inner frame portion (Fig. 5-- inner diameter of element 8, receiving hole; see also: [0045]), that are respectively located at top and bottom sides of said pivot arm portion (Fig. 3-- element 16, retaining pieces; see also: [0046]), and that are pivoted to said pivot arm portion (Fig. 3-- element 16, retaining pieces; see also: [0046]), said outer frame portion (Fig. 5-- outer diameter of element 8, receiving hole; see also: [0045])and said inner frame portion (Fig. 5-- inner diameter of element 8, receiving hole; see also: [0045]) cooperatively defining said positioning slot (Fig. 5— element 15a, insertion grooves; see also: [0045]).
With respect to Claim 4, Kawanishi discloses the pair of eyeglasses as claimed in claim 3, and further discloses wherein said slide piece portion (Fig. 6-- element 9b, retaining portions; see also: [0046]) of said engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]) has two lateral surfaces (Fig. 6—element 9b is comprised of two portions separated by a groove) spaced apart from each other in the top-bottom direction, and two tapered surfaces (Fig. 6—element 9b has sloped surfaces on both lateral surfaces) respectively connected to front ends of said lateral surfaces (Fig. 6—element 9b is comprised of two portions separated by a groove) and tapering toward each other in a rear-to-front direction (Fig. 6—the slopes taper towards each other).
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With respect to Claim 5, Kawanishi discloses the pair of eyeglasses as claimed in claim 4, and further discloses wherein said stop block portion (Fig. 6-- flat top of element 9b, retaining portion; see also: [0046]) of said engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]) has a surrounding surface (See annotated Fig. 6-- surrounding surface) connected to said lateral surfaces (Fig. 6—element 9b is comprised of two portions separated by a groove) of said slide piece portion (Fig. 6-- element 9b, retaining portions; see also: [0046]) and facing said main wall portion (Fig. 3-- flat external surface of element 3c; see also: [0043]), said slide surfaces (Fig. 6-- sloped surfaces of element 9b, retaining portion; see also: [0046]) being inclined forwardly and downwardly from two opposite ends of said surrounding surface (See annotated Fig. 6-- surrounding surface) and respectively having inner ends (See annotated Fig. 6-- inner ends) connected to said tapered surfaces (Fig. 6—element 9b has sloped surfaces on both lateral surfaces).
With respect to Claim 7, Kawanishi discloses the pair of eyeglasses as claimed in claim 1, and further discloses wherein said positioning member (Fig. 3— element 3b, external contact body; see also: [0045]) and said engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]) of each of said quick release mechanisms (Fig. 3-- elements 1, 3b, and 3c; see also: [0041] and [0044]) are integrally connected to each other (Fig. 3—elements 3b and 3c connect via elements 8 and 9), and said slide piece portion (Fig. 6-- element 9b, retaining portions; see also: [0046]) of said engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]) is connected to said positioning member (Fig. 3— element 3b, external contact body; see also: [0045]) (Fig. 6—element 9b is connected to element 3b via element 8a).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kawanishi (US 20090161062 A1) in view of Yang (US 20060055875 A1).
With respect to Claim 6, Kawanishi discloses the pair of eyeglasses as claimed in claim 3, and further discloses wherein said connecting member (Fig. 3-- element 4a and 4b, supporting shaft and extending portion; see also: [0047]) of each of said quick release mechanisms (Fig. 3-- elements 1, 3b, and 3c; see also: [0041] and [0044]) includes a main body portion (Fig. 3-- element 4b, extending portion; see also: [0047]) located rearwardly of said positioning member (Fig. 3— element 3b, external contact body; see also: [0045]) and said engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]), and two spaced-apart pivot portions (Fig. 3—element 4a has pivot portions on top of and below element 4b) extending forwardly from said main body portion (Fig. 3-- element 4b, extending portion; see also: [0047]) and coaxially pivotally connected to said pivot lugs (Fig. 5-- element 14, supporting groove; see also: [0045]) of said positioning member (Fig. 3— element 3b, external contact body; see also: [0045]) and said pivot arm portion (Fig. 3-- element 16, retaining pieces; see also: [0046]) of said engaging member (Fig. 3-- element 3c, internal contact body; see also: [0043]).
However, Kawanishi does not disclose wherein said main body portion being formed with an insertion groove extending inwardly from a rear end of said main body portion for insertion of a respective one of said temples therein. Kawanishi and Yang are related as both pertaining to the field of eyeglasses. Yang discloses eyeglasses (Fig. 3—eyeglasses; see also: [0021]) wherein a main body portion (Fig. 3—element 3, connecting seat; see also: [0026]) being formed with an insertion groove (Fig. 3—element 38, accommodation space; see also: [0031]) extending inwardly from a rear end of said main body portion (Fig. 3—element 3, connecting seat; see also: [0026]) for insertion of a respective one of two temples therein ((Fig. 3—element 5, temple; see also; [0031]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyeglasses of Kawanishi with the temples of Yang in order to make the temple pieces of the eyeglasses adjustable (Yang, [0007]).
Response to Arguments
Applicant's arguments filed 01/29/2025 have been fully considered but they are not persuasive.
Examiner disagrees with Applicant’s argument that Examiner fails to disclose the relationship between the diameter of the space portion (2b) and the diameter of the retaining portion(s) (9b) of the supporting shaft member (9). Fig. 9 of Kawanishi depicts a side view of element 9b when it is engaged with element 2b. From this perspective, it is clear that the diameter of element 9b is smaller than the diameter of element 2b.
Examiner disagrees with Applicant’s argument that the retaining portions (9b) cannot be located inside, or even enter the insertion grooves (15a, 15b). Fig. 5 of Kawanishi discloses that element 8 lies inside the grooves 15a and 15b, thus when element 9b is inserted into element 8, element 9b will also be located inside elements 15a and 15b.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyeglasses of Kawanishi with the temples of Yang in order to make the temple pieces of the eyeglasses adjustable (Yang, [0007]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to make the eyeglasses of Kawanishi adjustable, since it has been held that adjustability, where needed, involves only routine skill in the art. In re Stevens 101 USPQ 284 (CCPA 1954). Therefore, one of ordinary skill in the art may be motivated to make the eyeglasses adjustable despite any alleged fragility that may occur.
In response to applicant's argument that making the eyeglasses adjustable would render the temples fragile, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACKENZI WADDELL whose telephone number is (571)272-5956. The examiner can normally be reached Monday - Friday 7:30 - 4:30 EST.
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/MACKENZI WADDELL/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872