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 .
Drawings
The drawings were received on 08/22/2023. These drawings are acceptable.
Claim Objections
Claim 17 is objected to because of the following informalities: Claim 17 recites the limitation “a frame front having opposed fifth and sixth end portions”, but no first through fourth end portions have been introduced or claimed to define or enumerate fifth and sixth end portions. For purposes of examination, Examiner will assume any frame, or element equivalent to a frame, has end portions that can be labeled fifth and sixth end portions. Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 17 recite the limitation “a channel partially defined by an elongate bottom wall”. This limitation is indefinite because the degree of partial definition of the channel is not clear or specified, because partially could refer to any degree from less than 1% to up to 99%, and a person of ordinary skill would not be appraised as to what degree of partial definition of a channel would infringe on the claims as currently recited. For examination purposes, Examiner will assume any degree of definition of a channel will meet the limitation as currently recited. Appropriate clarification and correction is required. Claims 1-16 depend on claim 1, either directly or indirectly, and claims 18-20 depend on claim 17, either directly or indirectly, and inherit at least the same deficiencies.
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.
Claims 1-12 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao US PGPub 2009/0135370 A1 (hereinafter, “Xiao”) in view of Pfeifer US PGPub 2019/0121160 A1 (hereinafter, “Pfeifer”).
Regarding independent claim 1, Xiao discloses an endpiece assembly for an eyeglass frame (refer to at least title and abstract describing a connection mechanism for spectacle frames, par. [0007] referring to an endpiece for frames, and see Fig. 1), comprising:
(a) an elongate body having a channel partially defined by an elongate bottom wall of the elongate body, the elongate body capable of being attached to, or formed with, a temple of the eyeglass frame (Fig. 1, receiving portion 20 is an elongate body, par. [0031], with hollow portion 25, par. [0035], equivalent to a channel, and hollow portion 25 is defined by an elongate bottom wall of receiving portion 20, and is attached to temple 100, par. [0034]);
(b) an intermediate member having opposed first and second end portions and a first central portion therebetween, the first end portion capable of being connected to a connecting bar of the frame front of the eyeglass frame, the first central portion including a first plurality of spaced apertures (Fig. 1, inserting portion 10 has opposed first and second end portions and a first central portion, par. [0031], and inserting portion 10 is connected to end-piece 30, par. [0034], and inserting portion 20 has housing 11 for locking magnet 5, par. [0035], and Fig. 2 shows receiving portion 20 has a plurality of recesses 21A, 21B, and 21C, par. [0038], equivalent to a first plurality of spaced apertures);
(c) a magnet received in the first plurality of spaced apertures (Figs. 1 and 2, locking magnet 5 is received in recess 21A, and in Fig. 3 locking magnet 5 is received in recess 21B); and
(d) wherein the magnet, the first central portion, and the second end portion are received in the channel (Fig. 1, inserting portion 10 with locking magnet 5 in the central portion and the second end portion of inserting portion 10 are received in hollow portion 25 of receiving portion 20, par. [0035]).
Xiao does not disclose a first plurality of magnets, and Xiao does not disclose a sleeve sized to enclose the first central portion and secure the first plurality of magnets in the first plurality of spaced apertures, and consequently does not disclose the sleeve is received in the channel (i.e., hollow portion 25 of receiving portion 20).
In the same field of invention, Pfeifer discloses a pair of magnetic sleeves 106a and 106b, shown attached to eyeglasses 100 in at least Fig. 1 thereof, where sleeves 106 include one or more magnets 108 (see Figs. 2A-2C, pars. [0028-29]). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Pfeifer to the disclosure of Xiao and used sleeves, such as sleeves 106, to secure locking magnet 5 in inserting portion 10 by delivering compression to secure the location of these elements (Pfeifer, par. [0028]). As a result, the prior art combination of Xiao in view of Pfeifer teaches and renders obvious the inclusion of a plurality of magnets, as the magnetic sleeves of Pfeifer include a plurality of magnets, and the recesses 21A, 21B, and 21C of Xiao provide spaced apart apertures to receive a plurality of locking magnets such as locking magnet 5 disclosed by Xiao. Furthermore, Xiao discloses the claimed invention except for a plurality of magnets in one temple. It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a plurality of magnets in the inserting portion 10, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (1977), and Xiao has pre-existing apertures to receive the plurality of magnets.
Regarding dependent claim 2, Xiao in view of Pfeifer (hereinafter, “modified Xiao”) discloses the assembly of claim 1, and Pfeifer further discloses the assembly comprising a second plurality of magnets disposed within the channel (Pfeifer sleeves 106a and 106b include a plurality of magnets 108, see Figs. 2A-2C of Pfeifer, therefore the magnets 108 of Pfeifer are equivalent to a second plurality of magnets disposed in receiving portion 20 of Xiao).
Regarding dependent claim 3, modified Xiao discloses the assembly of claim 2, and Pfeifer further discloses wherein polarities of the first and second plurality of magnets are opposite such that the first and second plurality of magnets attract each other (Pfeifer teaches the opposite magnetic poles attract each other, par. [0033], therefore the prior art combination teaches the arrangement of magnets such that the poles attract rather than repel).
Regarding dependent claim 4, modified Xiao discloses the assembly of claim 2, and Pfeifer further discloses wherein the second plurality of magnets is disposed and between the bottom wall and the first central portion and the second end portion of the intermediate member (the sleeves 106 with magnets 108 disclosed by Pfeifer are equivalent to the second plurality of magnets as noted in the rejection of claim 1, and the arrangement of a sleeve on inserting portion 10 of Xiao teaches and renders obvious the disposition of the second plurality of magnets between the bottom wall and the first central portion and the second end portion of the intermediate member).
Regarding dependent claim 5, modified Xiao discloses the assembly of claim 4, and Xiao further discloses wherein the first central portion of the intermediate member includes a planar base having the plurality of spaced apertures, wherein the intermediate member excludes one or more spaced walls extending from the base (Xiao Fig. 2, inserting portion 10 has a planar base with the recesses 21A, 21B, and 21C, and does not include one or more spaced walls extending from the base).
Regarding dependent claim 6, modified Xiao discloses the assembly of claim 4, and Xiao further discloses wherein the bottom wall includes a second plurality of spaced apertures (Xiao Figs. 2 and 3, recesses 21 have holes 22, par. [0036], equivalent to second plurality of spaced apertures).
The prior art combination does not disclose the second plurality of magnets are received in the second plurality of spaced apertures. However, Xiao in view of Pfeifer discloses the claimed invention except for a plurality of magnets received in the second plurality of spaced apertures. It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a plurality of magnets in the holes 22 of inserting portion 10 disclosed by Xiao, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (1977), and Xiao has pre-existing apertures to receive the plurality of magnets.
Regarding dependent claim 7, modified Xiao discloses the assembly of claim 2, wherein the first central portion includes a base and a first end wall that is adjacent to the first end portion and that extends from the base, the second end portion including a second end wall that extends from the base, and wherein the first plurality of magnets is disposed between the first and second end walls (Xiao, Fig. 2, inserting portion 10 includes first central portion as noted in rejection of claim 1 above, and inserting portion 10 has a base and first end wall as shown in Fig. 2, the first end wall is adjacent to the first end portion, and the first end wall extends from the base of inserting portion 10, and the prior art combination of Xiao in view of Pfeifer teaches and renders obvious the disposition of the first plurality of magnets, such as a plurality of Xiao magnet 5, between the first and second end walls, satisfying the claim as recited).
Regarding dependent claim 8, modified Xiao discloses the assembly of claim 7, and Xiao further discloses wherein polarity of each magnet of the first plurality of magnets is the same as polarity of an adjacent magnet of the first plurality of magnets such that each magnet of the plurality of magnets repels the adjacent magnet (Xiao Figs. 9 and 10 discloses magnets 5A and 5B disposed so as to repel each other by arranging magnetic poles of the same polarity to repel, par. [0050]).
Regarding dependent claim 9, modified Xiao discloses the assembly of claim 1, and Xiao further discloses wherein the elongate body includes opposed third and fourth end portions and a second central portion therebetween, the third end portion including a hole and the second central portion having the channel (Xiao Fig. 1, inserting portion 10 is connected to end-piece 30, par. [0034], together inserting portion 10 and end-piece 30 comprise the elongate body including opposed third and fourth end portions with a second central portion therebetween, and end-piece 30 has a hole as shown in Fig. 1 of Xiao, and in Fig. 5 of Xiao depicts end-piece 30A with a channel for receiving upper portion 16A).
Regarding dependent claim 10, modified Xiao discloses the assembly of claim 9, and Xiao further discloses wherein the first end portion is shaped as a hook, at least a portion of the hook being received in the hole (Fig. 1 shows end-piece 30 is hook-shaped, and Fig. 4 shows inserting portion 10A is also shaped as a hook, and inserting portion 10A includes rim-locker 15 having an upper portion 16A and a lower portion 16B received by hollow portion 35, par. [0040]).
Regarding dependent claim 11, modified Xiao discloses the assembly of claim 10, and Xiao further discloses wherein the first end portion and the third end portion define an opening therebetween, the opening being sized to receive a connecting bar of the frame front of the eyeglass frame (Xiao Figs. 4 and 5 show end-piece body 30A with an opening, hollow portion 35, to receive upper rim 41A and lower rim 41B of spectacle rim 40, par. [0040], equivalent to a connecting bar of the front of the disclosed spectacle frames).
Regarding dependent claim 12, modified Xiao discloses the assembly of claim 1, and Xiao further discloses wherein the first end portion includes a hole to receive the connecting bar of the frame front (Xiao Figs. 4 and 5 show end-piece body 30A with an opening, hollow portion 35, to receive upper rim 41A and lower rim 41B of spectacle rim 40, par. [0040], equivalent to a connecting bar of the front of the disclosed spectacle frames).
Regarding independent claim 17, Xiao discloses an eyeglass frame (refer to title and abstract disclosing a spectacle frame), comprising:
a frame front having opposed fifth and sixth end portions (Figs. 1 to 12E, Xiao teaches the disclosed invention includes spectacle frames, par. [0031], and at least one side of the spectacle frames can be labeled the front of the frames, and the disclosed spectacle frames can have multiple opposing end portions, including end portions that may be counted as fifth and sixth end portions, satisfying the claim as recited);
first and second endpiece assemblies pivotably attached to the fifth and sixth end portions (refer to claim 29 of Xiao directed to magnetic locking members that form a hinge for pivotal coupling of temples with end pieces), respectively, wherein each of the first and second endpiece assemblies includes:
(a) an elongate body having a channel partially defined by an elongate bottom wall of the elongate body, the elongate body capable of being attached to, or formed with, a temple of the eyeglass frame (Fig. 1, receiving portion 20 is an elongate body, par. [0031], with hollow portion 25, par. [0035], equivalent to a channel, and hollow portion 25 is defined by an elongate bottom wall of receiving portion 20, and is attached to temple 100, par. [0034]);
(b) an intermediate member having opposed first and second end portions and a first central portion therebetween, the first end portion capable of being connected to a connecting bar of the frame front of the eyeglass frame, the first central portion including a first plurality of spaced apertures (Fig. 1, inserting portion 10 has opposed first and second end portions and a first central portion, par. [0031], and inserting portion 10 is connected to end-piece 30, par. [0034], and inserting portion 20 has housing 11 for locking magnet 5, par. [0035], and Fig. 2 shows receiving portion 20 has a plurality of recesses 21A, 21B, and 21C, par. [0038]);
(c) a magnet received in the first plurality of spaced apertures (Figs. 1 and 2, locking magnet 5 is received in recess 21A, and in Fig. 3 locking magnet 5 is received in recess 21B); and
(d) wherein the first plurality of magnets, the first central portion, and the second end portion are received in the channel (Fig. 1, inserting portion 10 with locking magnet 5 in the central portion and the second end portion of inserting portion 10 are received in hollow portion 25 of receiving portion 20, par. [0035]).
Xiao does not disclose a first plurality of magnets, and Xiao does not disclose a sleeve sized to enclose the first central portion and secure the first plurality of magnets in the first plurality of spaced apertures, and consequently does not disclose the sleeve is received in the channel (i.e., hollow portion 25 of receiving portion 20).
In the same field of invention, Pfeifer discloses a pair of magnetic sleeves 106a and 106b, shown attached to eyeglasses 100 in at least Fig. 1 thereof, where sleeves 106 include one or more magnets 108 (see Figs. 2A-2C, pars. [0028-29]). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Pfeifer to the disclosure of Xiao and used sleeves, such as sleeves 106, to secure locking magnet 5 in inserting portion 10 by delivering compression to secure the location of these elements (Pfeifer, par. [0028]). As a result, the prior art combination of Xiao in view of Pfeifer teaches and renders obvious the inclusion of a plurality of magnets, as the magnetic sleeves of Pfeifer include a plurality of magnets, and the recesses 21A, 21B, and 21C of Xiao provide spaced apart apertures to receive a plurality of locking magnets such as locking magnet 5 disclosed by Xiao. Furthermore, Xiao discloses the claimed invention except for a plurality of magnets in one temple. It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a plurality of magnets in the inserting portion 10, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (1977), and Xiao has pre-existing apertures to receive the plurality of magnets.
Regarding dependent claim 18, Xiao in view of Pfeifer discloses the eyeglass frame of claim 17, and Xiao further discloses wherein the first end portion of the intermediate member of each of the first and second endpiece assemblies includes a hole that receives a corresponding connecting bar of the frame front (Xiao Figs. 4 and 5 show end-piece body 30A with an opening, hollow portion 35, to receive upper rim 41A and lower rim 41B of spectacle rim 40, par. [0040], equivalent to a connecting bar of the front of the disclosed spectacle frames).
Regarding dependent claim 19, Xiao in view of Pfeifer discloses the eyeglass frame of claim 18, and Xiao further discloses wherein the elongate body of each of the first and second endpiece assemblies includes opposed third and fourth end portions and a second central portion therebetween, the third end portion including a hole and the second central portion having the channel (Xiao Fig. 1, inserting portion 10 is connected to end-piece 30, par. [0034], together inserting portion 10 and end-piece 30 comprise the elongate body including opposed third and fourth end portions with a second central portion therebetween, and end-piece 30 has a hole as shown in Fig. 1 of Xiao, and in Fig. 5 of Xiao depicts end-piece 30A with a channel for receiving upper portion 16A), wherein the first end portion of the intermediate member of each of the first and second endpiece assemblies is shaped as a hook, at least a portion of the hook being received in the hole of the third end portion (Fig. 1 shows end-piece 30 is hook-shaped, and Fig. 4 shows inserting portion 10A is also shaped as a hook, and inserting portion 10A includes rim-locker 15 having an upper portion 16A and a lower portion 16B received by hollow portion 35, par. [0040]), and wherein the first end portion and the third end portion define an opening therebetween, the opening receiving a corresponding connecting bar of the frame front (Xiao Figs. 4 and 5 show end-piece body 30A with an opening, hollow portion 35, to receive upper rim 41A and lower rim 41B of spectacle rim 40, par. [0040], equivalent to a connecting bar of the front of the disclosed spectacle frame).
Regarding dependent claim 20, modified Xiao discloses eyeglasses, comprising the eyeglass frame of claim 17 (see rejection of claim 17 above); and a pair of lenses attached to the eyeglass frame (Fig. 6, Xiao discloses the inclusion of lenses in the spectacles frames, par. [0043]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Pfeifer as applied to claim 1 above, and further in view of Blum et al. US PGPub 2017/0108713 A1 (hereinafter, “Blum”).
Regarding dependent claim 13, modified Xiao discloses the assembly of claim 1, but the prior art combination does not disclose the assembly further comprising a cover received in the channel, wherein the sleeve, the first plurality of magnets, and the first central portion of the intermediate member are disposed between the elongate body and the cover.
In the same field of invention, Blum discloses eyewear (refer to at least title and abstract thereof) with at least one embodiment of the eyewear having integrated electronics sealed inside a cavity of the temple with a cover (refer to at least par. [0155] thereof), and further teaches eyeglasses 2800, shown in at least Fig. 28 thereof, with a cover 2828 to mechanically seal and protect electronics 2830 in the temple (par. [0213] thereof). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Blum to the disclosure of Xiao and included a cover for the plurality of magnets, to protect the magnets (Blum, par. [0213]). The prior art combination of Xiao in view of Blum teaches and renders obvious the cover for the plurality of magnets would be received in the channel
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Pfeifer and Blum as applied to claim 13, and further in view of Head US PGPub 2020/0004043 A (hereinafter, “Head”).
Regarding dependent claim 14, Xiao in view of Pfeifer and Blum discloses the assembly of claim 13, but the prior art combination does not explicitly disclose the assembly further comprising a third plurality of magnets disposed between the sleeve and the cover. However, the prior art combination discloses the claimed invention except for a third plurality of magnets disposed between the sleeve and the cover. It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a third plurality of magnets in the device of the prior art combination, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (1977).
In the same field of invention, Head discloses an eyewear retainer system and method with a plurality of eyewear temple magnets 302 attached to each temple 320a (par. [0020] thereof). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Head to the disclosure of Xiao and included additional magnets, as the prior art teaches the utility and feasibility of including numerous magnets in temples of eyewear, suggesting a person of ordinary skill could implement the disclosure of Xiao with the modification of a third plurality of magnets as evidenced by Head.
Regarding dependent claim 15, the prior art combination of Xiao, Pfeifer, Blum, and Head discloses the assembly of claim 14, but does not specifically disclose wherein the cover includes a third plurality of spaced apertures and the third plurality of magnets are received in the third plurality of spaced apertures. However, Xiao discloses in Fig. 2 receiving portion 20 has a plurality of recesses 21A, 21B, and 21C, par. [0038], equivalent to a first plurality of spaced apertures. The prior art combination discloses the claimed invention except for a third plurality of spaced apertures to receive a third plurality of magnets, but the prior art combination does teach the inclusion of apertures and magnets disposed in the apertures, therefore a person of ordinary skill in the art would find it obvious at the time the invention was made to include a third plurality of spaced apertures to receive the third plurality of magnets, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (1977).
Regarding dependent claim 16, the prior art combination of Xiao, Pfeifer, Blum, and Head discloses the assembly of claim 14, and Pfeifer further teaches wherein polarities of the first and third plurality of magnets are opposite such that the first and third plurality of magnets attract each other (Pfeifer teaches the opposite magnetic poles attract each other, par. [0033], therefore the prior art combination teaches the arrangement of magnets such that the poles attract rather than repel).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin W Hustoft whose telephone number is (571)272-4519. The examiner can normally be reached Monday - Friday 8:30 AM - 5:30 PM Eastern Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached at (571)272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN W. HUSTOFT/Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872