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 .
Information Disclosure Statement
The information disclosure statement submitted on 08/02/2023 has been considered by the Examiner and made of record in the application file.
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 1-8, 15-18 and 20 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Sacks et al. (US 10,713,923 Bl, hereinafter Sacks).
Regarding claim 1, Sacks discloses, a frame tracker device that electronically identifies location of a user’s eyeglass frame (see e.g., “a frame in which a Bluetooth or similar tracking module could be embedded…a pair of eyeglass frames may include the following elements or components…”, Figs. 1A-1B, column 9, lines 49-62), the frame tracker device comprising:
an eyeglass frame (see e.g., “a pair of eyeglass frames may include the following elements or components, with the indicated identifying numbers: 10-the frame front, the front face of the frame which bridges the top of the wearer's nose; 12-the bridge, the portion of the frame that goes over the wearer's nose…;”, Fig. 1A, column 9, lines 61-67, column 10, lines 1-6); and
an integrated tracking unit (see e.g., “28----embedded or implanted transmitting module, such as a BT module”, Fig. 1B, column 10, lines 7-8 and/or “that the Bluetooth or other wireless transmitter module could be placed in the temples and/or end pieces of a frame…a Bluetooth module may be embedded into a section a section of the Eyeglass Frame…”, column 10, lines 31-35);
wherein the integrated tracking unit is integrated within the eyeglass frame during use (see e.g., “that the Bluetooth or other wireless transmitter module could be placed in the temples and/or end pieces of a frame…a Bluetooth module may be embedded into a section a section of the Eyeglass Frame…”, column 10, lines 31-35 and/or “an external holder or pouch containing a RFID tag may be attached to the frame of a person's eyeglasses…”, column 1, lines 38-40);
wherein the integrated tracking unit is used to track the eyeglass frame via a smartphone application (see e.g. “the user downloads the mobile device application from a suitable application store…”, Fig. 2, column 11, lines 23-25 and/or “The GPS fix represents a best guess as to location of the eyeglasses or other item…The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location”, column 14, lines 55-63); and
further wherein the frame tracker device wirelessly pairs with a smartphone device to identify location of the eyeglass frame (see e.g., “the frames are "paired" with the mobile device in which the application is installed (typically a mobile phone)…The pairing operation is performed by any of the usual and suitable methods…”, Fig. 2, column 11, lines 27-33 and/or “Location workflows uses GPS/GPS-A and BLE (Bluetooth Low Energy) to locate the Frames; the mobile application installed by the user is able to switch on a process to utilize GPS and to access Location services”, Fig. 6, column 14, 24-28 and/or “App can get latest frame location at any time”, Fig. 6 and/or “The GPS fix represents a best guess as to location of the eyeglasses or other item…The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location”, column 14, lines 55-63).
Regarding claim 2, Sacks discloses, wherein the smartphone application is downloaded on the smartphone device (see e.g., “User downloads the mobile application (iOS, Android, or other) to register the new frames (step or stage 404); 3) User pairs the frames with their mobile device via Bluetooth signals and under the control of the application”, Fig. 4, column 13, lines 21-25).
Regarding claim 3, Sacks discloses, wherein the smartphone device comprises a digital map for viewing location of the eyeglass frame (see e.g., “The GPS fix represents a best guess as to location of the eyeglasses or other item…The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location”, column 14, lines 55-63).
Regarding claim 4, Sacks discloses, wherein the eyeglass frame is a sunglass frame (see e.g., “Embodiments of the eyeglass frames and associated methods described herein will provide consumers with a mechanism to prevent the loss of their prescription, sunglasses, and reading glasses.”, column 7, lines 64-67 and/or “the described systems and methods are those who wear prescription and non-prescription sunglasses”, column 18, lines 65-67).
Regarding claim 5, Sacks discloses, wherein the eyeglass frame comprises an eye receptacle component with lenses and two arm components which secure to either side of the eye receptacle component and rest behind a user’s ear during use (see e.g., “a pair of eyeglass frames may include the following elements or components, with the indicated identifying numbers: 10-the frame front, the front face of the frame which bridges the top of the wearer's nose; 12-the bridge, the portion of the frame that goes over the wearer's nose;”, column 9, lines 61-67 and/or “ 14-rims or channels (partial or whole), which together operate to hold the lenses in position; 16----end pieces, extensions of the frame to which the temples are attached; 18-hinges, the part of the frame that connects the frame front to the temples”, column 10, lines 1-6).
Regarding claim 6, Sacks discloses, wherein the integrated tracking unit is placed in a nose frame or a temple frame (see e.g., “Note that the Bluetooth or other wireless transmitter module could be placed in the temples and/or end pieces of a frame.”, column 10, lines 3-31).
Regarding claim 7, Sacks discloses, wherein the integrated tracking unit works in tandem with the smartphone application to allow the user to see the location of the eyeglass frame on demand (see e.g. “eyeglass frame in which has been embedded or implanted a Bluetooth capable module…the user downloads the mobile device application from a suitable application store or website”, column 11, lines 21-25 and/or “Location workflows uses GPS/GPS-A and BLE (Bluetooth Low Energy) to locate the Frames; the mobile application installed by the user is able to switch on a process to utilize GPS and to access Location services”, column 14, lines 24-28 and/or “The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location”, column 14, lines 60-63).
Regarding claim 8, Sacks discloses, wherein the integrated tracking unit is a transmitter that may communicate by way of an IEEE 802.15 standard network or a GPS (see e.g. “eyeglass frame in which has been embedded or implanted a Bluetooth capable module…the user downloads the mobile device application from a suitable application store or website”, column 11, lines 21-25 and/or “Location workflows uses GPS/GPS-A and BLE (Bluetooth Low Energy) to locate the Frames; the mobile application installed by the user is able to switch on a process to utilize GPS and to access Location services”, column 14, lines 24-28; Examiner’s note: Bluetooth i.e. IEEE 802.15).
Regarding claim 15, Sacks discloses, a frame tracker device that electronically identifies location of a user’s eyeglass frame (see e.g., “a frame in which a Bluetooth or similar tracking module could be embedded…a pair of eyeglass frames may include the following elements or components…”, Figs. 1A-1B, column 9, lines 49-62),, the frame tracker device comprising:
an eyeglass frame (see e.g., “a pair of eyeglass frames may include the following elements or components, with the indicated identifying numbers: 10-the frame front, the front face of the frame which bridges the top of the wearer's nose; 12-the bridge, the portion of the frame that goes over the wearer's nose…;”, Fig. 1A, column 9, lines 61-67, column 10, lines 1-6); and
an integrated tracking unit (see e.g., “28----embedded or implanted transmitting module, such as a BT module”, Fig. 1B, column 10, lines 7-8 and/or “that the Bluetooth or other wireless transmitter module could be placed in the temples and/or end pieces of a frame…a Bluetooth module may be embedded into a section a section of the Eyeglass Frame…”, column 10, lines 31-35);
wherein the integrated tracking unit is integrated within the eyeglass frame during use (see e.g., “that the Bluetooth or other wireless transmitter module could be placed in the temples and/or end pieces of a frame…a Bluetooth module may be embedded into a section a section of the Eyeglass Frame…”, column 10, lines 31-35 and/or “an external holder or pouch containing a RFID tag may be attached to the frame of a person's eyeglasses…”, column 1, lines 38-40);
wherein the integrated tracking unit is used to track the eyeglass frame via a smartphone application (see e.g. “the user downloads the mobile device application from a suitable application store…”, Fig. 2, column 11, lines 23-25 and/or “The GPS fix represents a best guess as to location of the eyeglasses or other item…The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location”, column 14, lines 55-63);
wherein the smartphone application is downloaded on the smartphone device (see e.g., “User downloads the mobile application (iOS, Android, or other) to register the new frames (step or stage 404); 3) User pairs the frames with their mobile device via Bluetooth signals and under the control of the application”, Fig. 4, column 13, lines 21-25);
wherein the frame tracker device wirelessly pairs with a smartphone device to identify location of the eyeglass frame (see e.g., “the frames are "paired" with the mobile device in which the application is installed (typically a mobile phone)…The pairing operation is performed by any of the usual and suitable methods…”, Fig. 2, column 11, lines 27-33 and/or “Location workflows uses GPS/GPS-A and BLE (Bluetooth Low Energy) to locate the Frames; the mobile application installed by the user is able to switch on a process to utilize GPS and to access Location services”, Fig. 6, column 14, 24-28 and/or “App can get latest frame location at any time”, Fig. 6 and/or “The GPS fix represents a best guess as to location of the eyeglasses or other item…The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location”, column 14, lines 55-63);
wherein the smartphone device comprises a digital map for viewing location of the eyeglass frame (see e.g., “The GPS fix represents a best guess as to location of the eyeglasses or other item…The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location”, column 14, lines 55-63);
wherein the integrated tracking unit is placed anywhere within the eyeglass frame (see e.g., “Note that the Bluetooth or other wireless transmitter module could be placed in the temples and/or end pieces of a frame.”, column 10, lines 3-31).
wherein the smartphone device comprises a graphical user interface generated by the instructions of the smartphone application (see e.g., “The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location”, column 14, lines 60-63 and/or “the presumed location of the eyeglasses or other item is presented to the user-possible examples include (but are not limited to) a map, directions from a current location to where the eyeglasses or item is assumed to be located”, column 9, lines 15-19 and/or “by accessing a suitable user interface (such as a touch screen icon, keypad, etc. .): configure the frequency of the emitted signal ( e.g., once per second, once per 10 seconds, etc.)-this may instead be configured when the module is implanted in the frames. Note that in some implementations…”, column 8, lines 20-35); Examiner’s note: a GUI interface for tracking is a well-known technique in the art);
further wherein the smartphone device comprises a sound generating device, which generates an audible alert that varies with a distance between the eyeglass frame and the smartphone device (see Sacks e.g., “as the consumer gets closer in proximity to their frames, the installed mobile device application may sound an alert or vibration, or increase the frequency of a sound, vibration, or pattern of the same.”, column 8, lines 14-17 and/or “as the owner of the eyeglass frames moves further away from ( or closer to) the frames, the type and nature of the alert may change ( such as becoming louder or softer, of higher or lower frequency, of a different sound, etc.”, column 12, lines 16-20 and/or “these screens or displays enable a user to configure the alerts and perform other functions (such as setting Proximity, Alerts, Name, Address, Sound, Subscriptions)”, column 15, lines 19-22).
Regarding claim 16, Sacks discloses, wherein the integrated tracking unit is a transmitter that may communicate by way of an IEEE 802.15 standard network or a GPS (see e.g. “eyeglass frame in which has been embedded or implanted a Bluetooth capable module…the user downloads the mobile device application from a suitable application store or website”, column 11, lines 21-25 and/or “Location workflows uses GPS/GPS-A and BLE (Bluetooth Low Energy) to locate the Frames; the mobile application installed by the user is able to switch on a process to utilize GPS and to access Location services”, column 14, lines 24-28; Examiner’s note: Bluetooth i.e. IEEE 802.15).
Regarding Claim 17, Sacks discloses, wherein the integrated tracking unit and transmitter are configured to transmit a wireless signal, and the smartphone device comprises a processor executing instructions retrieved from a memory, a second transceiver configured to receive the wireless signal, and a display device (see e.g., “…the module including a transmitting element operating to transmit a signal received by a mobile device; providing the user with an application capable of being installed in the mobile device, the application including a set of executable instructions executable by a programmed electronic processor in the device; generating and display a user interface for the user, the user interface including a screen, display or field into which the user may input information”, column 4, lines 22-31).
Regarding Claim 18, Sacks discloses, wherein instructions control the processor to process the wireless signal transmitted and received by a first transceiver and the second transceiver to create a digital map on a display of the smartphone device, and to cause electronic information determined from the wireless signal by the processor to indicate a geographic location of the eyeglass frames on the digital map (see e.g., “Location workflows uses GPS/GPS-A and BLE (Bluetooth Low Energy) to locate the Frames; the mobile application installed by the user is able to switch on a process to utilize GPS and to access Location services”, column 14, lines 24-28 and/or “The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location”, column 14, lines 60-63 and/or “…the module including a transmitting element operating to transmit a signal received by a mobile device; providing the user with an application capable of being installed in the mobile device, the application including a set of executable instructions executable by a programmed electronic processor in the device; generating and display a user interface for the user, the user interface including a screen, display or field into which the user may input information”, column 4, lines 22-31).
Regarding claim 20, Sacks discloses, a method of tracking a user’s eyeglass frame to identify location on a smartphone (see e.g., “a frame in which a Bluetooth or similar tracking module could be embedded…a pair of eyeglass frames may include the following elements or components…”, Figs. 1A-1B, column 9, lines 49-62), the method comprising the following steps:
providing a frame tracker device comprising an integrated tracking unit which pairs with a smartphone application (see e.g., “that the Bluetooth or other wireless transmitter module could be placed in the temples and/or end pieces of a frame…a Bluetooth module may be embedded into a section a section of the Eyeglass Frame…”, column 10, lines 31-35 and/or “the user downloads the mobile device application from a suitable application store…”, Fig. 2, column 11, lines 23-25 and/or “the frames are "paired" with the mobile device in which the application is installed (typically a mobile phone)…The pairing operation is performed by any of the usual and suitable methods…”, Fig. 2, column 11, lines 27-33);
wirelessly pairing the eyeglass frame with the smartphone application (see e.g., “the frames are "paired" with the mobile device in which the application is installed (typically a mobile phone)…The pairing operation is performed by any of the usual and suitable methods…”, Fig. 2, column 11, lines 27-33);
utilizing the smartphone application to identify the location of the eyeglass frame (see e.g., “The GPS fix represents a best guess as to location of the eyeglasses or other item…The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location”, column 14, lines 55-63); and
sounding the audible alarm to further signal the location of the eyeglass frame (see e.g., “as the consumer gets closer in proximity to their frames, the installed mobile device application may sound an alert or vibration, or increase the frequency of a sound, vibration, or pattern of the same.”, column 8, lines 14-17 and/or “as the owner of the eyeglass frames moves further away from ( or closer to) the frames, the type and nature of the alert may change ( such as becoming louder or softer, of higher or lower frequency, of a different sound, etc.”, column 12, lines 16-20 and/or “these screens or displays enable a user to configure the alerts and perform other functions (such as setting Proximity, Alerts, Name, Address, Sound, Subscriptions)”, column 15, lines 19-22).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 9-14 are rejected under 35 U.S.C. 103(a) as being unpatentable over Sacks, in view of, Lieberman (US 2023/0247703 A1, hereinafter Lieberman).
Regarding Claim 9, Sacks fails to explicitly disclose, wherein the integrated tracking unit and transmitter may be removably sealed within the eyeglass frame to allow the user to remove and apply the frame tracker device to another eyeglass frame
In the same field of endeavor, Lieberman discloses, wherein the integrated tracking unit and transmitter may be removably sealed within the eyeglass frame to allow the user to remove and apply the frame tracker device to another eyeglass frame (see e.g., “The at least one tracking apparatus can be placed, embedded within, or built inside a uniquely designed piece(s) of eyewear that allows for the tracking apparatus to be placed, inserted or embedded within, and/or built inside said eyewear, or removably attached via an attaching mechanism to the outside of components of said eyewear, such as the nosepiece, nose pad, rim, earpiece, or temple, thus making the invention and the eyewear synergistic companions.”, [0004] and/or “The method of use for a wireless eyewear locating device can further comprise the step of removing the removably attached at least one tracking apparatus from the at least one piece of eyewear. The method of use for a wireless eyewear locating device can further comprise the step of placing or attaching the at least one tracking apparatus to a new or the same piece of eyewear”, [0005] and/or “A “communication receiver device” is defined as any electronic device that can receive signals such as GPS, Wi-Fi, radio wave, Bluetooth, radio-frequency, sonar, sonic, audio, and infrared…”, [0021]-[0023]).
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 teachings of Sacks with Lieberman, in order to allow a user to wirelessly locate a lost or misplaced piece of eyewear that may also not even be within the limited range of other available tracking devices. (see Lieberman, para. [0003]).
Regarding Claim 10, Sacks and Lieberman combined discloses, wherein the integrated tracking unit and transmitter are configured to transmit a wireless signal, and the smartphone device comprises a processor executing a set of instructions retrieved from a memory, a second transceiver configured to receive the wireless signal, and a display device (see Sacks e.g., “…the module including a transmitting element operating to transmit a signal received by a mobile device; providing the user with an application capable of being installed in the mobile device, the application including a set of executable instructions executable by a programmed electronic processor in the device; generating and display a user interface for the user, the user interface including a screen, display or field into which the user may input information”, column 4, lines 22-31).
Regarding Claim 11, Sacks and Lieberman combined discloses, wherein the set of instructions control the processor to process the wireless signal transmitted and received by a first transceiver and the second transceiver to create a digital map on a display of the smartphone device, and to cause electronic information determined from the wireless signal by the processor to indicate a geographic location of the eyeglass frame on the digital map (see Sacks e.g., “Location workflows uses GPS/GPS-A and BLE (Bluetooth Low Energy) to locate the Frames; the mobile application installed by the user is able to switch on a process to utilize GPS and to access Location services”, column 14, lines 24-28 and/or “The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location”, column 14, lines 60-63 and/or “…the module including a transmitting element operating to transmit a signal received by a mobile device; providing the user with an application capable of being installed in the mobile device, the application including a set of executable instructions executable by a programmed electronic processor in the device; generating and display a user interface for the user, the user interface including a screen, display or field into which the user may input information”, column 4, lines 22-31).
Regarding Claim 12, Sacks and Lieberman combined discloses, wherein the first transceiver is integrated into and concealed by the eyeglass frame and comprises a power source and an antenna (see Sacks e.g., “This may require the use of a Bluetooth transceiver in the embedded or implanted module so that the frames can receive a signal from the mobile device…”, column 7, lines 2-6 and/or “28----embedded or implanted transmitting module, such as a BT module (where the module may be activated by a scanning device and contain its own source of power)”, column 10, lines 7-9; Examiner’s note: a transceiver includes and antenna for transmitting and receiving signal which is a well know technology in the art).
Regarding Claim 13, Sacks and Lieberman combined discloses, wherein the frame tracker device utilizes the smartphone application to place a small marker or drop a pin where the eyeglass frame is located, allowing the user to identify a general vicinity in which to locate the eyeglass frame (see Sacks e.g., “the presumed location of the eyeglasses or other item is presented to the user-possible examples include (but are not limited to) a map, directions from a current location to where the eyeglasses or item is assumed to be located…”, column 9, lines 15-19 and/or “The user interface allows the mobile application user to request a display of the location of the GPS fix data on map, along with the user's (or phone's) present location.”, column 14, lines 60-63; Examiner’s note: presenting location of the items and phone’s present location on a map is a well-known technique in the art).
Regarding Claim 14, Sacks and Lieberman combined discloses, comprising a sound generating device, which generates an audible alert that varies with a distance between the eyeglass frame and the smartphone device (see Sacks e.g., “as the consumer gets closer in proximity to their frames, the installed mobile device application may sound an alert or vibration, or increase the frequency of a sound, vibration, or pattern of the same.”, column 8, lines 14-17 and/or “as the owner of the eyeglass frames moves further away from ( or closer to) the frames, the type and nature of the alert may change ( such as becoming louder or softer, of higher or lower frequency, of a different sound, etc.”, column 12, lines 16-20 and/or “these screens or displays enable a user to configure the alerts and perform other functions (such as setting Proximity, Alerts, Name, Address, Sound, Subscriptions)”, column 15, lines 19-22).
Claim 19 is rejected under 35 U.S.C. 103(a) as being unpatentable over Sacks, in view of, Taylor (US 2023/0368666 Al, hereinafter Taylor).
Regarding Claim 19, Sacks fails to explicitly disclose, comprising a plurality of indicia.
In the same field of endeavor, Taylor discloses, comprising a plurality of indicia (see e.g., “the tracking application device 100 comprises a plurality of indicia 122. Specifically, the software application of the device 100 may include advertising, trademark, other letters, designs, or characters, printed, painted, stamped, or integrated into the software application, or any other indicia 122 as is known in the art.”, [0043]; Examiner’s note: plurality of indicia will be a design choice).
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 teachings of Sacks with Taylor, in order to use a tracking application device that provides users with a software application for tracking locations of buses that can be accessed through a smart phone (see Taylor, para. [0008]).
Conclusion
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/FARID SEYEDVOSOGHI/ Examiner, Art Unit 2645