DETAILED ACTION
This office action is in response to the amendment filed January 5, 2026 in which claims 1-3, 6-7, 17-18, 20, 23(?)-25, and 29-37 are presented for examination and claims 4-5, 8-16, 19, 21-23(?), and 26-28 are canceled.
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 .
Response to Arguments
Applicant’s Argument: Rejection of claims 1-3, 6-7, 17-18, 20, 23-25, and 29-37 under 35 USC 102 over USPN 7,967,435 Seeto should be withdrawn for various cited reasons.
Examiner’s Response: In view of Applicant’s amendment, the search has been updated and new prior art has been identified and applied. Applicant’s arguments, which appear to be drawn only to the newly amended limitations and previously presented rejections, have been considered but are moot in view of the new grounds of rejection.
Claim Objections
Claim 23 is objected to because of the following informalities: Claim 23 is listed as both “Canceled” and “Previously presented” (see below). Appropriate correction is required.
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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.
The factual inquiries 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.
Claims 1-3, 6-7, 17-18, 20, 23-25, and 29-37 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 2,426,266 Haas in view of USPN 7,004,581 Landers.
To claim 1, Haas discloses a protective eyewear lens assembly (see Figures 1-6, reproduced below for convenience; col. 1, line 1 – col. 4, line 24) comprising: a lens body (not numbered; see Figures 1 and 6; col. 2, lines 31-42) at least partially formed from a first quantity of polymeric material (see Figures 1 and 6; col. 2, lines 31-42), said lens body having a lens height, a lens width and a lens thickness (see Figures 1-6), said lens body extending in a widthwise direction between a first lens end and a second lens end opposite said first lens end (see Figures 1 and 6), said lens body extending in a heightwise direction between a first edge surface portion and a second edge surface portion spaced apart from said first edge surface portion (see Figures 1 and 6), said lens body including a first side surface portion and a second side surface portion facing opposite said first side surface portion such that said lens thickness is at least partially defined therebetween (see Figures 2-5), and said lens body including: a first hinge connection (10) disposed along said first lens end (see Figures 1-6; col. 2, lines 43-54); a second hinge connection (10) disposed along said second lens end (see Figures 1-6; col. 2, lines 43-54); a first optically-transparent portion disposed toward said first lens end (see Figures 1 and 6; col. 2, lines 31-42); a second optically-transparent portion disposed toward said second lens end (see Figures 1 and 6; col. 2, lines 31-42); and, a bridge portion (7) disposed between said first and second optically-transparent portions (see Figures 1 and 6; col. 2, lines 31-42); said first and second hinge connections, said first and second optically-transparent portions, and said bridge portion of said lens body unitarily formed from said first quantity of polymeric material (col. 2, lines 31-42).
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Haas does not disclose a protective eyewear lens assembly further comprising an elongated metal-detectable component extending from a first component end toward a second component end and including a first component edge and a second component edge spaced in said heightwise direction from said first component edge, said first and second component edges extending lengthwise along said elongated metal- detectable component in said widthwise direction between said first and second component ends, said elongated metal-detectable component disposed along said lens body such that said first component end is disposed toward said first lens end and said second component end is disposed toward said second lens end, said first component edge is oriented toward said first edge surface portion of said lens body with: a first section of said elongated metal-detectable component including a first portion of said second component edge with said first optically-transparent portion of said lens body disposed between said first portion of said second component edge and said second edge surface portion of said lens body; a second section of said elongated metal-detectable component including a second portion of said second component edge with said second optically-transparent portion of said lens body disposed between said second portion of said second component edge and said second edge surface portion of said lens body; and, a third section of said elongated metal-detectable component extending in said widthwise direction between said first and second sections of said elongated metal-detectable component along said bridge portion of said lens body; and, a cover body at least partially formed from a second quantity of polymeric material that is different from said first quantity of polymeric material, said cover body extending in said widthwise direction along said lens body, said cover body attached to said lens body and such that said elongated metal-detectable component is permanently encased between said lens body and said cover body with an exposed outer surface portion of said cover body cooperatively conforming with at least one of said first edge surface portion and said first side surface portion of said lens body.
However, Landers teaches a protective eyewear lens assembly (10) (see Figures 1-9, reproduced below for convenience; col. 4, line 1 – col. 5, line 55) comprising: a lens body (11) at least partially formed from a first quantity of polymeric material (col. 4, lines 36-62), said lens body having a lens height, a lens width and a lens thickness (see especially Figures 1, 3, and 6), said lens body extending in a widthwise direction between a first lens end and a second lens end opposite said first lens end (see Figures 1 and 3), said lens body extending in a heightwise direction between a first edge surface portion and a second edge surface portion spaced apart from said first edge surface portion (see Figure 1), said lens body including a first side surface portion and a second side surface portion facing opposite said first side surface portion such that said lens thickness is at least partially defined therebetween (see especially Figures 3 and 6), and said lens body including: a first optically-transparent portion (14) disposed toward said first lens end (see Figure 1; col. 4, lines 15-22); a second optically-transparent portion (14) disposed toward said second lens end (see Figure 1; col. 4, lines 15-22); and, a bridge portion (12) disposed between said first and second optically-transparent portions (see Figure 1; col. 4, lines 15-22); said first and second optically-transparent portions and said bridge portion of said lens body unitarily formed from said first quantity of polymeric material (see Figure 1; col. 4, lines 36-37); an elongated metal-detectable component (19) (col. 4, line 63 – col. 5, line 3) extending from a first component end toward a second component end and including a first component edge and a second component edge spaced in said heightwise direction from said first component edge (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3), said first and second component edges extending lengthwise along said elongated metal-detectable component in said widthwise direction between said first and second component ends (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3), said elongated metal-detectable component disposed along said lens body such that said first component end is disposed toward said first lens end and said second component end is disposed toward said second lens end (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3), said first component edge is oriented toward said first edge surface portion of said lens body (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3) with: a first section of said elongated metal-detectable component including a first portion of said second component edge with said first optically-transparent portion of said lens body disposed between said first portion of said second component edge and said second edge surface portion of said lens body (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3); a second section of said elongated metal-detectable component including a second portion of said second component edge with said second optically-transparent portion of said lens body disposed between said second portion of said second component edge and said second edge surface portion of said lens body (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3); and, a third section of said elongated metal-detectable component extending in said widthwise direction between said first and second sections of said elongated metal-detectable component along said bridge portion of said lens body (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3); and, a cover body (13, 15, or 21) at least partially formed from a second quantity of polymeric material that is different from said first quantity of polymeric material (see Figures 4-7; col. 4, lines 45-52), said cover body extending in said widthwise direction along said lens body, said cover body attached to said lens body and such that said elongated metal-detectable component is permanently encased between said lens body and said cover body with an exposed outer surface portion of said cover body cooperatively conforming with at least one of said first edge surface portion and said first side surface portion of said lens body (see Figures 1 and 4-7; col. 4, line 36 – col. 5, line 3).
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Haas and Landers teach analogous inventions in the field of protective eyewear lens assemblies. 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 protective eyewear lens assembly of Haas to include an elongated metal-detectable component as taught by Landers because Landers teaches that this configuration is known in the art and beneficial for allowing the protective eyewear lens assembly to be bent into an arcuate shape to create a continuous and graceful arc for engaging the wearer’s face (col. 5, lines 8-12). It would further have been obvious to one of ordinary skill in the art that adding the elongated metal-detectable component of Landers to the protective eyewear lens assembly of Haas would allow the lens body of Haas to be bent to conform more closely to the facial structure of the wearer, which would provide additional protection to the eyes of the wearer from, inter alia, sun exposure and liquid splashes compared to the flat lens body configuration of Haas.
To claim 2, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear lens assembly wherein said elongated metal-detectable component permanently encased between said lens body and said cover body has a total metal detectability (see Figures 1 and 4-7 and col. 4, line 45 – col. 5, line 3 of Landers).
The modified invention of Haas does not explicitly teach a protective eyewear lens assembly having a total metal detectability equivalent to at least a 1mm ferrous sphere.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the protective eyewear lens assembly of the modified invention of Haas to have total metal detectability equivalent to at least a 1mm ferrous sphere as a matter of routine optimization. It is further respectfully noted that where the general conditions of a claim are disclosed in the prior art, discovering optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05).
To claim 3, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) teaches a protective eyewear lens assembly as recited in claims 1-2, above.
The modified invention of Haas does not explicitly teach a protective eyewear lens assembly wherein each of at least said first and second sections of said elongated metal-detectable component has a metal detectability equivalent to at least a 1mm ferrous sphere.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the protective eyewear lens assembly of the modified invention of Haas such that each of at least said first and second sections of said elongated metal-detectable component has a metal detectability equivalent to at least a 1mm ferrous sphere as a matter of routine optimization. It is further respectfully noted that where the general conditions of a claim are disclosed in the prior art, discovering optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05).
To claim 6, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear lens assembly further comprising a first elongated groove portion defined between said lens body and said cover body along at least a portion of said first optically-transparent portion with said first section of said elongated metal-detectable component at least partially disposed within said first elongated groove portion (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
To claim 7, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear lens assembly further comprising a second elongated groove portion defined between said lens body and said cover body along at least a portion of said second optically-transparent portion with said second section of said elongated metal-detectable component at least partially disposed within said second elongated groove portion (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
To claim 17, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear lens assembly further comprising a third elongated groove portion defined between said lens body and said cover body along at least a portion of said bridge portion with said third section of said elongated metal-detectable component at least partially disposed within said third groove portion (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
To claim 18, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear lens assembly wherein said first, second, and third elongated groove portions form a continuous elongated groove extending widthwise along one of said first edge surface portion and said first side surface portion of said lens body with said elongated metal-detectable component extending continuously along said continuous elongated groove (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
To claim 20, Haas discloses a protective eyewear assembly (see Figures 1-6, reproduced above for convenience; col. 1, line 1 – col. 4, line 24) comprising: a lens assembly (not numbered; see Figures 1 and 6; col. 2, lines 31-42) extending in a widthwise direction from a first lens assembly end toward a second lens assembly end (see Figures 1 and 6), said lens assembly extending in a heightwise direction from an upper lens assembly edge toward a lower lens assembly edge (see Figures 1 and 6), and said lens assembly having an outer lens assembly side configured to face away from an associated wearer when worn (see especially Figures 1 and 6) and an inner lens assembly side configured to face toward the associated wearer when worn (see Figures 2-5) with a thickness direction defined therebetween (see Figures 2-5), said lens assembly including: a lens body at least partially formed from a first quantity of polymeric material (see Figures 1 and 6; col. 2, lines 31-42), said lens body including a first hinge connection (10) disposed along said first lens assembly end (see Figures 1-6; col. 2, lines 43-54), a second hinge connection (10) disposed along said second lens assembly end (see Figures 1-6; col. 2, lines 43-54), a first optically-transparent portion disposed toward said first lens assembly end (see Figures 1 and 6; col. 2, lines 31-42), a second optically-transparent portion disposed toward said second lens assembly end (see Figures 1 and 6; col. 2, lines 31-42), and a bridge portion (7) extending between and operatively connecting said first and second optically-transparent portions with said first and second hinge connections (see Figures 1 and 6; col. 2, lines 31-42), said first and second optically-transparent portions, and said bridge portion all unitarily formed from said first quantity of polymeric material (col. 2, lines 31-42); a first temple (8) pivotally attached to said first hinge connection of said lens body (see Figures 1-6; first temple 8 is at least capable of pivoting upward and downward relative to said lens body as depicted in Figures 2-3); and, a second temple (9) pivotally attached to said second hinge connection of said lens body (see Figures 1-6; second temple 9 is at least capable of pivoting upward and downward relative to said lens body as depicted in Figures 2-3).
Haas does not disclose an elongated metal-detectable component extending from a first component end toward a second component end with said first component end disposed toward said first lens assembly end and said second component end disposed toward said second lens assembly end, said elongated metal-detectable component positioned along said lens body such that: a first section of said elongated metal-detectable component extends in said heightwise direction from a first first elongated edge portion toward a second first elongated edge portion, said first section extending in said widthwise direction along said first optically-transparent portion of said lens body such that said first first elongated edge portion is disposed toward said upper lens assembly edge and said second first elongated edge portion is disposed between said first first elongated edge portion and said first optically-transparent portion of said lens body; a second section of said elongated metal-detectable component extends in said heightwise direction from a first second elongated edge portion toward a second second elongated edge portion, said second section extending in said widthwise direction along said second optically-transparent portion of said lens body such that said first second elongated edge portion is disposed toward said upper lens assembly edge and said second second elongated edge portion is disposed between said first second elongated edge portion and said second optically-transparent portion of said lens body; and, a third section of said elongated metal-detectable component extends in said widthwise direction between said first and second sections of said elongated metal-detectable component along said bridge portion of said lens body; and, an elongated cover body at least partially formed from a second quantity of polymeric material that is different from said first quantity of polymeric material, said elongated cover body extending in said widthwise direction along said lens body and including an outer surface portion exposed along at least one of said upper lens assembly edge and said inner lens assembly side, said elongated cover body permanently attached to said lens body such that said elongated metal-detectable component is permanently encased between said lens body and said elongated cover body.
However, Landers teaches a protective eyewear assembly (10) (see Figures 1-9, reproduced above for convenience; col. 4, line 1 – col. 5, line 55) comprising: a lens assembly extending in a widthwise direction from a first lens assembly end toward a second lens assembly end (see Figures 1 and 3), said lens assembly extending in a heightwise direction from an upper lens assembly edge toward a lower lens assembly edge (see Figures 1 and 8-9), and said lens assembly having an outer lens assembly side configured to face away from an associated wearer when worn (see Figures 8-9) and an inner lens assembly side configured to face toward the associated wearer when worn with a thickness direction defined therebetween (see Figures 3-7), said lens assembly including: a lens body (11) at least partially formed from a first quantity of polymeric material (col. 4, lines 36-62), said lens body including a first optically-transparent portion (14) disposed toward said first lens assembly end (see Figure 1; col. 4, lines 15-22), a second optically-transparent portion (14) disposed toward said second lens assembly end (see Figure 1; col. 4, lines 15-22), and a bridge portion (12) extending between and operatively connecting said first and second optically-transparent portions (see Figure 1; col. 4, lines 15-22), said first and second optically-transparent portions, and said bridge portion all unitarily formed from said first quantity of polymeric material (see Figure 1; col. 4, lines 36-37); an elongated metal-detectable component (19) (col. 4, line 63 – col. 5, line 3) extending from a first component end toward a second component end with said first component end disposed toward said first lens assembly end and said second component end disposed toward said second lens assembly end (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3), said elongated metal-detectable component positioned along said lens body such that: a first section of said elongated metal-detectable component extends in said heightwise direction from a first first elongated edge portion toward a second first elongated edge portion (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3), said first section extending in said widthwise direction along said first optically-transparent portion of said lens body such that said first first elongated edge portion is disposed toward said upper lens assembly edge and said second first elongated edge portion is disposed between said first first elongated edge portion and said first optically-transparent portion of said lens body (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3); a second section of said elongated metal-detectable component extends in said heightwise direction from a first second elongated edge portion toward a second second elongated edge portion, said second section extending in said widthwise direction along said second optically-transparent portion of said lens body such that said first second elongated edge portion is disposed toward said upper lens assembly edge and said second second elongated edge portion is disposed between said first second elongated edge portion and said second optically-transparent portion of said lens body (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3); and, a third section of said elongated metal-detectable component extends in said widthwise direction between said first and second sections of said elongated metal-detectable component along said bridge portion of said lens body (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3); and, an elongated cover body (13, 15, or 21) at least partially formed from a second quantity of polymeric material that is different from said first quantity of polymeric material (see Figures 4-7; col. 4, lines 45-52), said elongated cover body extending in said widthwise direction along said lens body and including an outer surface portion exposed along at least one of said upper lens assembly edge and said inner lens assembly side, said elongated cover body permanently attached to said lens body such that said elongated metal-detectable component is permanently encased between said lens body and said elongated cover body (see Figures 1 and 4-7; col. 4, line 36 – col. 5, line 3).
Haas and Landers teach analogous inventions in the field of protective eyewear assemblies. 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 protective eyewear assembly of Haas to include an elongated metal-detectable component as taught by Landers because Landers teaches that this configuration is known in the art and beneficial for allowing the protective eyewear assembly to be bent into an arcuate shape to create a continuous and graceful arc for engaging the wearer’s face (col. 5, lines 8-12). It would further have been obvious to one of ordinary skill in the art that adding the elongated metal-detectable component of Landers to the protective eyewear assembly of Haas would allow the lens body of Haas to be bent to conform more closely to the facial structure of the wearer, which would provide additional protection to the eyes of the wearer from, inter alia, sun exposure and liquid splashes compared to the flat lens body configuration of Haas.
To claim 23, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear assembly wherein said lens assembly includes a first elongated groove portion defined between said lens body and said elongated cover body toward said first lens assembly end with said first section of said elongated metal-detectable component at least partially disposed within said first elongated groove portion (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
To claim 24, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear assembly wherein said lens assembly includes a second elongated groove portion defined between said lens body and said elongated cover body toward said second lens assembly end with said second section of said elongated metal-detectable component at least partially disposed within said second elongated groove portion (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
To claim 25, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear assembly wherein said elongated cover body includes an outer exposed surface portion, and said exposed outer surface portion of said elongated cover body cooperatively conforms with said lens body along at least one of said upper lens assembly edge and said inner lens assembly side of said lens assembly (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
To claim 29, Haas discloses a protective eyewear lens assembly (see Figures 1-6, reproduced above for convenience; col. 1, line 1 – col. 4, line 24) extending in a widthwise direction from a first lens assembly end toward a second lens assembly end (see Figures 1 and 6), said protective eyewear lens assembly extending in a heightwise direction from an upper lens assembly edge toward a lower lens assembly edge (see Figures 1 and 6), and said protective eyewear lens assembly having an outer lens assembly side facing away from an associated wearer when worn (see Figures 1 and 6) and an inner lens assembly side facing toward the associated wearer when worn with a thickness direction defined therebetween (see Figures 2-5), said protective eyewear lens assembly comprising: a lens body (not numbered; see Figures 1 and 6; col. 2, lines 31-42) at least partially formed from a first quantity of polymeric material (see Figures 1 and 6; col. 2, lines 31-42), said lens body including: a first hinge connection (10) disposed along said first lens assembly end (see Figures 1-6; col. 2, lines 43-54); a second hinge connection (10) disposed along said second lens assembly end (see Figures 1-6; col. 2, lines 43-54); a first optically-transparent portion disposed toward said first lens assembly end (see Figures 1 and 6; col. 2, lines 31-42); and, a second optically-transparent portion disposed toward said second lens assembly end with said first and second hinge connections and said first and second optically-transparent portions unitarily formed from said first quantity of polymeric material (see Figures 1 and 6; col. 2, lines 31-42).
Haas does not disclose a protective eyewear lens assembly comprising an elongated metal-detectable component extending from a first component end toward a second component end, said elongated metal detectable component disposed along said lens body with said first component end disposed toward said first lens assembly end and said second component end disposed toward said second lens assembly end, and said elongated metal-detectable component positioned along said lens body such that: a first section of said elongated metal-detectable component extends in said heightwise direction from a first first elongated edge portion toward a second first elongated edge portion, said first section extending in said widthwise direction along said first optically-transparent portion of said lens body such that said first first elongated edge portion is disposed toward said upper lens assembly edge and said second first elongated edge portion is disposed between said first first elongated edge portion and said first optically-transparent portion of said lens body; and,a second section of said elongated metal-detectable component extends in said heightwise direction from a first second elongated edge portion toward a second second elongated edge portion, said second section extending in said widthwise direction along said second optically-transparent portion of said lens body such that said first second elongated edge portion is disposed toward said upper lens assembly edge and said second second elongated edge portion is disposed between said first second elongated edge portion and said second optically-transparent portion of said lens body; and, an elongated cover body at least partially formed from a second quantity of polymeric material that is different from said first quantity of polymeric material, said elongated cover body extending in said widthwise direction along said lens body and including an outer surface portion exposed along at least one of said upper lens assembly edge and said inner lens assembly side, said elongated cover body permanently attached to said lens body such that said elongated metal-detectable component is permanently encased therebetween.
However, Landers teaches a protective eyewear lens assembly (10) (see Figures 1-9, reproduced above for convenience; col. 4, line 1 – col. 5, line 55) extending in a widthwise direction from a first lens assembly end toward a second lens assembly end (see Figures 1 and 3), said protective eyewear lens assembly extending in a heightwise direction from an upper lens assembly edge toward a lower lens assembly edge (see Figure 1), and said protective eyewear lens assembly having an outer lens assembly side facing away from an associated wearer when worn (see Figures 8-9) and an inner lens assembly side facing toward the associated wearer when worn with a thickness direction defined therebetween (see Figures 3-7), said protective eyewear lens assembly comprising: a lens body (11) at least partially formed from a first quantity of polymeric material (col. 4, lines 36-62), said lens body including: a first optically-transparent portion (14) disposed toward said first lens assembly end (see Figure 1; col. 4, lines 15-22); and, a second optically-transparent portion (14) disposed toward said second lens assembly end with said first and second optically-transparent portions unitarily formed from said first quantity of polymeric material (see Figure 1; col. 4, lines 15-22); an elongated metal-detectable component (19) (col. 4, line 63 – col. 5, line 3) extending from a first component end toward a second component end (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3), said elongated metal detectable component disposed along said lens body with said first component end disposed toward said first lens assembly end and said second component end disposed toward said second lens assembly end (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3), and said elongated metal-detectable component positioned along said lens body such that: a first section of said elongated metal-detectable component extends in said heightwise direction from a first first elongated edge portion toward a second first elongated edge portion, said first section extending in said widthwise direction along said first optically-transparent portion of said lens body such that said first first elongated edge portion is disposed toward said upper lens assembly edge and said second first elongated edge portion is disposed between said first first elongated edge portion and said first optically-transparent portion of said lens body (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3); and, a second section of said elongated metal-detectable component extends in said heightwise direction from a first second elongated edge portion toward a second second elongated edge portion, said second section extending in said widthwise direction along said second optically-transparent portion of said lens body such that said first second elongated edge portion is disposed toward said upper lens assembly edge and said second second elongated edge portion is disposed between said first second elongated edge portion and said second optically-transparent portion of said lens body (see Figures 1 and 6; col. 4, line 36 – col. 5, line 3); and, an elongated cover body (13, 15, or 21) at least partially formed from a second quantity of polymeric material that is different from said first quantity of polymeric material (see Figures 4-7; col. 4, lines 45-52), said elongated cover body extending in said widthwise direction along said lens body and including an outer surface portion exposed along at least one of said upper lens assembly edge and said inner lens assembly side, said elongated cover body permanently attached to said lens body such that said elongated metal-detectable component is permanently encased therebetween (see Figures 4-7; col. 4, lines 45-52).
Haas and Landers teach analogous inventions in the field of protective eyewear lens assemblies. 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 protective eyewear lens assembly of Haas to include an elongated metal-detectable component as taught by Landers because Landers teaches that this configuration is known in the art and beneficial for allowing the protective eyewear lens assembly to be bent into an arcuate shape to create a continuous and graceful arc for engaging the wearer’s face (col. 5, lines 8-12). It would further have been obvious to one of ordinary skill in the art that adding the elongated metal-detectable component of Landers to the protective eyewear lens assembly of Haas would allow the lens body of Haas to be bent to conform more closely to the facial structure of the wearer, which would provide additional protection to the eyes of the wearer from, inter alia, sun exposure and liquid splashes compared to the flat lens body configuration of Haas.
To claim 30, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear lens assembly further comprising a first elongated groove portion defined between said lens body and said elongated cover body with said first section of said elongated metal-detectable component at least partially disposed within said first elongated groove portion (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
To claim 31, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear lens assembly further comprising a second elongated groove portion defined between said lens body and said elongated cover body with said second section of said elongated metal-detectable component at least partially disposed within said second elongated groove portion (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
To claim 32, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear lens assembly wherein said lens body includes a bridge portion (7 of Haas; 12 of Landers) disposed between said first and second optically-transparent portions, said bridge portion unitarily formed from said first quantity of polymeric material together with said first and second hinge connections and said first and second optically-transparent portions, and said elongated metal-detectable component including a third section extending in said widthwise direction between said first and second sections of said elongated metal-detectable component along said bridge portion of said lens body (see Figures 1 and 6 and col. 2, lines 31-42 of Haas; see Figure 1 and col. 4, lines 15-22 of Landers).
To claim 33, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear lens assembly wherein an outer exposed surface portion of said cover body cooperatively conforms with said lens body along at least one of said upper lens assembly edge and said inner lens assembly side of said lens assembly (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
To claim 34, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) teaches a protective eyewear lens assembly as recited in claim 29, above.
The modified invention of Haas does not explicitly teach a protective eyewear lens assembly having a total metal detectability equivalent to at least a 1mm ferrous sphere.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the protective eyewear lens assembly of the modified invention of Haas to have total metal detectability equivalent to at least a 1mm ferrous sphere as a matter of routine optimization. It is further respectfully noted that where the general conditions of a claim are disclosed in the prior art, discovering optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05).
To claim 35, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) teaches a protective eyewear lens assembly as recited in claims 29 and 34, above.
The modified invention of Haas does not explicitly teach a protective eyewear lens assembly wherein each of at least said first and second sections of said elongated metal-detectable component has a metal detectability equivalent to at least a 1mm ferrous sphere.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the protective eyewear lens assembly of the modified invention of Haas such that each of at least said first and second sections of said elongated metal-detectable component has a metal detectability equivalent to at least a 1mm ferrous sphere as a matter of routine optimization. It is further respectfully noted that where the general conditions of a claim are disclosed in the prior art, discovering optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05).
To claim 36, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear lens assembly further comprising an elongated groove defined between said lens body and said elongated cover body (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers), said elongated groove including: a first elongated groove portion extending in said widthwise direction along said first optically-transparent portion of said lens body with said first section of said elongated metal-detectable component at least partially disposed within said first elongated groove portion (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers); a second elongated groove portion extending in said widthwise direction along said second optically-transparent portion of said lens body with said second section of said elongated metal-detectable component at least partially disposed within said second elongated groove portion (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers); and, a third elongated groove portion disposed between said first and second elongated groove portions and extending in said widthwise direction along at least a portion of said bridge portion of said lens body with said third section of said elongated metal-detectable component at least partially disposed within said third elongated groove portion (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
To claim 37, the modified invention of Haas (i.e., Haas in view of Landers, as detailed above) further teaches a protective eyewear lens assembly wherein said lens assembly includes a third elongated groove portion disposed between said first and second elongated groove portions and extending in said widthwise direction along at least a portion of said bridge portion of said lens body with said third section of said elongated metal-detectable component at least partially disposed within said third elongated groove portion (see Figures 1 and 4-7 and col. 4, lines 45-52 of Landers).
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.
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/F Griffin Hall/Primary Examiner, Art Unit 3732