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 .
Terminal Disclaimer
The terminal disclaimer filed on January 30, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 11,550,165 has been reviewed, accepted and recorded.
Response to Arguments
Applicant’s arguments, see remarks, filed January 30, 2026, with respect to the rejection of claim 1 under 112 have been fully considered and in combination with the amendments are persuasive. The rejection of claim 1 under 112 has been withdrawn.
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. For clarity, the examiner notes Lin only fails to have an arc shaped recess on a side opposite to the saw teeth. Chen (now relied upon to teach the missing element) has a different orientation. However, as long as such an arc shaped recess on a side opposite to the saw teeth the orientation of such an arc shaped recess would flow from the combination to achieve the desired flexing of the portion of the element supporting the saw teeth. It has been held that “[a] person of ordinary skill in the art is also a person of ordinary creativity, not an automaton” and in addition it has been further held that "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle" and taking into account "the inferences and creative steps that a person of ordinary skill in the art would employ." KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007), see MPEP 2141.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 8 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 8 “densely lined grooves” renders the claim vague and indefinite. There is no discussion in the specification to define what would define what qualifies as dense versus sparse. Thus “dense” is solely dependent upon the opinion of a person since the specification fails to provide guidance as to what would qualify as dense. It has been held that a claim that requires the exercise of subjective judgment without restriction may render the claim indefinite; In re Musgrave, 431 F.2d 882, 893 (CCPA 1970), see MPEP 2173.05(b)IV. For purposes of examination the examiner will interpret as long as there is a groove that the element is sufficiently dense.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Lin US Patent Application Publication 2022/0179236, of record, in view of Chen US Patent 7,896,490, of record.
Regarding claim 1 Lin discloses an adjustment sound-generating temple (title e.g. figure 1) comprising: a hinge member (e.g. hinge member 1) that is fastened to a pivot portion of a frame (e.g. see figure 5 frame A pivot portion A0), said hinge member made of polycarbonate material (paragraph [0014] “1 … is made of a stiff material, such as PC”), said hinge member (e.g. 1) including a pivot part (e.g. pivot part 10), which has a first set of saw teeth (e.g. saw teeth 11) and a pivot pin (e.g. pivot pin 12) at one end (see figure 1); a connecting seat (e.g. connecting seat 2) that is combined with said hinge member (see figures 1-2), said connecting seat (e.g. 2) has an insert slot (e.g. insert slot 20) on the front (see figure 1) and an extension rod (e.g. extension rod 21) at the end (see figure 1), a second set of saw teeth on two sides (e.g. saw teeth 200 & saw teeth 201) of an inner part of said connecting seat (see figure 1), a pivot hole (e.g. pivot hole 22) on said connecting seat (e.g. 2) is designed to receive said pivot pin (see figures 1-2); and a temple (e.g. temple 3) that receives (see figures 1-2) said extension rod (e.g. 21) of the said connecting seat (e.g. 2).
Lin does not disclose wherein said hinge member further has an arc-shaped recess on the surface opposite to said first set of saw teeth.
Applicant’s stated issue is a need to makes the first set of saw teeth more flexibly to reduce friction between the first set of saw teeth and second set of saw teeth on the connecting seat (instant application page 4 lines 25-27).
Chen teaches a similar adjustable temple member (title e.g. figures 1 & 6) that allows for positional (tilt) adjustment of the temple (e.g. see arrow in figure 6 indicating adjustment of temple 2) with a hinge member (e.g. hinge member 3) that uses a first set of saw teeth (e.g. saw teeth 22) to engage a second set of saw teeth (e.g. saw teeth 321); and further teaches an arc-shaped recess (see recess in 320 left by 33 in figure 6) on the surface opposite to said first set of saw teeth (see figure 6) for the purpose of allowing the part with the second set of saw teeth to flex into the recess when the interlocking saw teeth are moved, thereby allowing a user to easily and conveniently vary the angle between the temple and frame (column 3 lines 9-27). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the adjustment sound-generating temple as disclosed by Lin to have an arc-shaped recess on the surface opposite to said first set of saw teeth as taught by Chen for the purpose of allowing the part with the second set of saw teeth to flex into the recess when the interlocking saw teeth are moved, thereby allowing a user to easily and conveniently vary the angle between the temple and frame, thereby addressing applicant’s stated issue.
Regarding claim 2 Lin as modified by Chen discloses the adjustment sound-generating temple according to claim 1, as set forth above. Lin further discloses wherein the connecting seat (e.g. 2) comprises a material softer than polycarbonate (paragraph [0014] “2 is … made of a material softer than PC, such as nylon”).
Regarding claim 3 Lin as modified by Chen discloses the adjustment sound-generating temple according to claim 1, as set forth above. Lin further discloses wherein the connecting seat (e.g. 2) comprises nylon (paragraph [0014] “2 is … made of a material softer than PC, such as nylon”).
Regarding claim 4 Lin as modified by Chen discloses the adjustment sound-generating temple according to claim 1, as set forth above. Lin further discloses wherein the hinge member (e.g. 1) includes a concave surface (e.g. concave surface 13) and a stopping surface (e.g. stopping surface 14) on the backside surface (paragraph [0014] “concave surface 13 and a stopping surface 14 on the backside” e.g. see figures 1 & 3).
Regarding claim 5 Lin as modified by Chen discloses the adjustment sound-generating temple according to claim 1, as set forth above. Lin further discloses wherein the connecting seat (e.g. 2) is combined with said hinge member (e.g. 1) such that the pivot pin (e.g. 12) is received (e.g. see figures 1-2) within the pivot hole (e.g. 22).
Regarding claim 6 Lin as modified by Chen discloses the adjustment sound-generating temple according to claim 5, as set forth above. Lin further discloses wherein the hinge member includes a concave surface (e.g. 13) and a stopping surface (e.g. 14) on the backside surface (paragraph [0014] e.g. see figures 1 & 3) and wherein the pivot pin (e.g. 12) is fixed into place by the stopping surface (paragraph [0015] “pivot pins 12 will be pushed into the pivot hole 22 and fixed into place by the stopping surface 14” e.g. see figures 1-2).
Regarding claim 7 Lin as modified by Chen discloses the adjustment sound-generating temple according to claim 1, as set forth above. Lin further discloses wherein the temple (e.g. 3) receives said extension rod (e.g. 21) of the said connecting seat (e.g. 2) such that the temple and the connecting seat become a complete piece (paragraph [0015] “insert the extension rod 21 of the connecting seat 2 into the temple 3 so that connecting seat 2 and the temple 3 become a complete piece” e.g. see figures 1-2).
Regarding claim 8 Lin as modified by Chen discloses the adjustment sound-generating temple according to claim 1, as set forth above. Lin further discloses wherein the first set of saw teeth (e.g. 11) and the second set of saw teeth (e.g. 200 & 201) each comprise densely lined grooves (interpreted to be sufficiently dense, see 112 rejection above, further paragraph [0019] “densely lined grooves”).
Regarding claim 9 Lin as modified by Chen discloses the adjustment sound-generating temple according to claim 1, as set forth above. Lin further discloses wherein hinge member (e.g. 1) that is fastened to the pivot portion (e.g. A0) of the frame (e.g. A) by a screw member (paragraph [0015] “spectacles are completed by securing the hinge to the frame with a screw member”).
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 George G King whose telephone number is (303)297-4273. The examiner can normally be reached 9-5.
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/George G. King/Primary Examiner, Art Unit 2872 February 11, 2026