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 .
Response to Amendment
The amendments filed on 2/25/2026 are acknowledged and accepted. Claims 1-3, 6, 9, 12-15, and 17-18 are amended, Claims 4-5, 8, 10-11, 16, and 19 are canceled, Claims 20-28 have been added, and Claims 1-3, 6, 9, 12-15, 17-18, and 20-28 remain pending in the application. The objections to claims 4-5, 7-8, 11, and 19 are withdrawn. The 112(b) rejections to claims 12 and 15-17 are withdrawn.
Drawings
The drawings filed on 09/08/2023 are acknowledged and accepted.
Claim Objections
Claims 24 and 27 are objected to because of the following informalities: “the second hinge members” should read “the second hinge components”. 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 12 and 15-17 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.
With respect to Claim 1, the phrase “the legs of the u-shaped element” renders the claims indefinite. It is not clear what structure this phrase is referring to as the U-shaped element and the legs are two separate elements, further it is not clear if there is a third separate element called “the legs of the u-shaped element”. For the purpose of examination, the phrase “the legs of the u-shaped element” is interpreted as “the u-shaped element”.
Claims 2-3, 6, and 20-21 depend on claim 1 and therefore inherit the same deficiency.
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 1-3, 6, 9, 12-15, 17-18, and 20-28 are rejected under 35 U.S.C. 103 as being unpatentable over Ryner (US20210255480A1, of record).
With respect to Claim 1, Ryner discloses a spring-loaded hinge for glasses, comprising:
a first hinge component (See annotated Fig. 8B-- first hinge component) configured to couple to a smartglasses front frame end piece (Fig. 1B-- element 110A, right temple; [0042]) comprising:
a box housing (Fig. 8B-- the housing which encloses elements inside element 110A);
a u-shaped element (Fig. 15-- element 1014, bushing; [0086]) at least partially disposed within the box housing (Fig. 8B-- the housing which encloses elements inside element 110A), the u- shaped element (Fig. 15-- element 1014, bushing; [0086]) having a u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]) extending towards a pair of legs (Fig. 15-- element 125A and 125B, temples; [0073]), each leg (Fig. 15-- element 125A and 125B, temples; [0073]) having an end piece (Fig. 15-- element 1001, hinge; [0073]) fixedly coupled (Fig. 15—element 1001 is coupled to element 1006 via element 1020) to a male barrel component (Fig. 15-- the portion of element 1001 that is received by element 1006);
a post (Fig. 15--element 1010, elongated pin; [0073]);
a spring (Fig. 15--element 1012, spring; [0084]) disposed between (Fig. 15—element 1012 is deposed between element 1014 and element 1010) the u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]) of the u-shaped element (Fig. 15-- element 1014, bushing; [0086]) and the post (Fig. 15--element 1010, elongated pin; [0073]) and configured to compress upon movement (Fig. 8B and 15—as element 1014 moves, element 1012 is compressed along element 1010) of the u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]), and
a second hinge component (Fig. 15-- element 1006, cap hinge; [0073]) comprising at least two female barrel components (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]), the female barrel components (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]) configured to receive and rotate about a rotation axis (Fig. 15—element 1001 is coupled to element 1006 via element 1020 and rotates about the axis provided by element 1020) the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006); and
wherein at least a portion of the legs of the u-shaped element (Fig. 15-- element 1014, bushing; [0086]) are configured to translate outward (Fig. 8—element 1001 extends out of the housing) of the box housing (Fig. 8B-- the housing which encloses elements inside element 110A), the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) being fixed to the legs (Fig. 15-- element 125A and 125B, temples; [0073]) such that the translation increases a spacing between the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) and the box housing (Fig. 8B-- the housing which encloses elements inside element 110A) and outwardly displaces the axis of rotation relative to the box housing (Fig. 8B-- the housing which encloses elements inside element 110A) (Fig. 8B—element 1000 can hyperextend, more of element 1001 is exposed, creating distance between the male components of 1001 and the housing).
It would have been obvious to one of ordinary skill in the art before the effective filing date to flip the orientation of the spring and u-shaped element 180 degrees to house the spring end of the hinge in the temple instead of in the front frame, since it has been held that a mere rearrangement of elements without modification of the operation of the device only involves routine skill in the art. In re Japikse 86 USPQ 70 (CCPA 1950).
With respect to Claim 2, Ryner discloses the spring-loaded hinge for glasses of claim 1, and further discloses wherein each of the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) is formed with a male barrel opening and each of the female barrel components are formed with a female barrel opening, and the female barrel openings configured to align with the male barrel openings of the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) and receive a screw (Fig. 15-- element 1020, fastener; [0079]) therethrough.
With respect to Claim 3, Ryner discloses the spring-loaded hinge for glasses of claim 1, and further discloses wherein the post (Fig. 15--element 1010, elongated pin; [0073]) abuts (Fig. 10—element 1010 abuts element 1001) at least one female barrel component (Fig. 15-- the portion of element 1001 that is received by element 1006).
With respect to Claim 6, Ryner discloses the spring-loaded hinge for glasses of claim 1, and further discloses wherein the first hinge component (See annotated Fig. 8B-- first hinge component) is configured to be disposed (Fig. 1B—the first hinge component is attached to element 105 at 170A and 170B) on an end piece of a smartglasses front frame (Fig. 1A-- element 170A and 170B, sides; [0055]) and the second hinge component (Fig. 15-- element 1006, cap hinge; [0073]) is configured to be disposed on an end piece of a smartglasses temple (Fig. 8B—element 1006 is attached to the end of element 110A).
With respect to Claim 9, Ryner discloses a smartglasses device comprising:
a pair of spring-loaded hinges (Fig 8B— element 1000, hinge assembly; [0074]) configured to pivotally connect a pair of temples (Fig. 1B-- element 110A and 110B, right and left temple; [0042]) to a front frame of smartglasses (Fig. 1B-- element 105, frame; [0042]), each spring-loaded hinge (Fig 8B— element 1000, hinge assembly; [0074]) comprising:
a first hinge component (See annotated Fig. 8B-- first hinge component) disposed on a smartglasses front frame end piece (Fig. 1B-- element 110A, right temple; [0042]) comprising:
a box housing (Fig. 8B-- the housing which encloses elements inside element 110A);
a u-shaped element (Fig. 15-- element 1014, bushing; [0086]) at least partially disposed within the box housing (Fig. 8B-- the housing which encloses elements inside element 110A), the u- shaped element (Fig. 15-- element 1014, bushing; [0086]) having a u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]) extending towards a pair of legs (Fig. 15-- element 125A and 125B, temples; [0073]), each leg (Fig. 15-- element 125A and 125B, temples; [0073]) having an end piece (Fig. 15-- element 1001, hinge; [0073]) fixedly coupled (Fig. 15—element 1001 is coupled to element 1006 via element 1020) to a male barrel component (Fig. 15-- the portion of element 1001 that is received by element 1006);
a post (Fig. 15--element 1010, elongated pin; [0073]);
a spring (Fig. 15--element 1012, spring; [0084]) disposed between (Fig. 15—element 1012 is deposed between element 1014 and element 1010) the u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]) of the u-shaped element (Fig. 15-- element 1014, bushing; [0086]) and the post (Fig. 15--element 1010, elongated pin; [0073]) and configured to compress upon movement (Fig. 8B and 15—as element 1014 moves, element 1012 is compressed along element 1010) of the u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]), and
a second hinge component (Fig. 15-- element 1006, cap hinge; [0073]) disposed on a smartglasses temple end piece (Fig. 8a—element 1006 is attached to element 110A) and comprising at least two female barrel components (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]), the female barrel components (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]) configured to interface with and rotate about an axis of rotation (Fig. 15—element 1001 is coupled to element 1006 via element 1020 and rotates about the axis provided by element 1020) with respect to at least a portion of each of the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) and;
wherein application of an outward force to the smartglasses temples (Fig. 1B-- element 110A, right temple; [0042]) translates the u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]) to compress the spring (Fig. 15--element 1012, spring; [0084]) against the post (Fig. 15--element 1010, elongated pin; [0073]) and laterally displaces at least a portion of the legs (Fig. 15-- element 125A and 125B, temples; [0073]) outward of the box housing (Fig. 8B-- the housing which encloses elements inside element 110A), thereby increasing a spacing between the front frame end piece (Fig. 1B-- element 110A, right temple; [0042]) and the temple end piece (Fig. 8a—element 1006 is attached to element 110A) and displacing the axis of rotation of the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) to enable the temple (Fig. 1B-- element 110A, right temple; [0042]) to rotate beyond 90° relative to the smartglasses front frame (Fig. 1B-- element 105, frame; [0042]) (Fig. 8B—element 1000 can hyperextend, more of element 1001 is exposed, creating distance between the male components of 1001 and the housing).
It would have been obvious to one of ordinary skill in the art before the effective filing date to flip the orientation of the spring and u-shaped element 180 degrees to house the spring end of the hinge in the temple instead of in the front frame, since it has been held that a mere rearrangement of elements without modification of the operation of the device only involves routine skill in the art. In re Japikse 86 USPQ 70 (CCPA 1950).
With respect to Claim 12, Ryner discloses the smartglasses device of claim 9, and further discloses wherein the box housing (Fig. 8B-- the housing which encloses elements inside element 110A) of the first hinge component (See annotated Fig. 8B-- first hinge component) is smaller than traditional box housings (Fig. 8B-- the housing which encloses elements inside element 110A) configured to house traditional spring-loaded hinges springs (Fig. 15--element 1012, spring; [0084]).
With respect to Claim 13, Ryner discloses the smartglasses device of claim 9, and further discloses wherein the second hinge component (Fig. 15-- element 1006, cap hinge; [0073]) is formed with an endcap (Fig, 8B—element 1002, protrusion; [0074]) configured to distribute and decrease torsion loads ([0074]: element 1002 prevent wear on the glasses) on the smartglasses device (Fig. 1A—element 100, eyewear; [0038]).
With respect to Claim 14, Ryner discloses a smartglasses device comprising:
a pair of spring-loaded hinges (Fig 8B— element 1000, hinge assembly; [0074]) configured to pivotally connect a pair of temples (Fig. 1B-- element 110A and 110B, right and left temple; [0042]) to a front frame of smartglasses (Fig. 1B-- element 105, frame; [0042]), each spring-loaded hinge (Fig 8B— element 1000, hinge assembly; [0074]) comprising:
a first hinge component (See annotated Fig. 8B-- first hinge component) coupled to a front frame endpiece (Fig. 1B-- element 110A, right temple; [0042]) comprising:
a box housing (Fig. 8B-- the housing which encloses elements inside element 110A) for at least partially housing:
a u-shaped element (Fig. 15-- element 1014, bushing; [0086]) having a u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]) integrally formed with a pair of legs (Fig. 15-- element 125A and 125B, temples; [0073]), each leg (Fig. 15-- element 125A and 125B, temples; [0073]) extending from a respective arm of the u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]) and being integrally formed with a male barrel component (Fig. 15-- the portion of element 1001 that is received by element 1006) at an endpiece (Fig. 15-- element 1001, hinge; [0073]) thereof;
a post (Fig. 15--element 1010, elongated pin; [0073]);
a spring (Fig. 15--element 1012, spring; [0084]) disposed between (Fig. 15—element 1012 is deposed between element 1014 and element 1010) the u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]) of the u-shaped element (Fig. 15-- element 1014, bushing; [0086]) and the post (Fig. 15--element 1010, elongated pin; [0073]) and configured to compress upon movement (Fig. 8B and 15—as element 1014 moves, element 1012 is compressed along element 1010) of the u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]),
a second hinge component (Fig. 15-- element 1006, cap hinge; [0073]) disposed on a temple endpiece (Fig. 8a—element 1006 is attached to element 110A) comprising female barrel components (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]), the female barrel components (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]) configured to receive at least a portion of the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006): and
wherein application of a force against an interior wall (Fig. 8B—overextending the glasses will put force on the inner portion of element 110A) of a smartglasses temple (Fig. 1B-- element 110A, right temple; [0042]) translates the u-shaped portion (Fig. 15-- inside cavity of element 1014, bushing; [0086]) to compress the spring (Fig. 15--element 1012, spring; [0084]) against the post (Fig. 15--element 1010, elongated pin; [0073]) and laterally displaces at least a portion of the legs (Fig. 15-- element 125A and 125B, temples; [0073]) outward of the box housing (Fig. 8B-- the housing which encloses elements inside element 110A), thereby increasing a spacing between the front frame end piece (Fig. 1B-- element 110A, right temple; [0042]) and the temple end piece (Fig. 8a—element 1006 is attached to element 110A) and displacing the axis of rotation of the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) to increase available rotational clearance of the temple endpiece (Fig. 8a—element 1006 is attached to element 110A) and permitting over-extension of the temple (Fig. 1B-- element 110A, right temple; [0042]) beyond 90° relative to the smartglasses front frame (Fig. 1B-- element 105, frame; [0042]) (Fig. 8B—element 1000 can hyperextend, more of element 1001 is exposed, creating distance between the male components of 1001 and the housing).
However, Ryner does not disclose a second hinge component comprising three female barrel components. It would have been obvious to one of ordinary skill in the art before the effective filing date to duplicate a female barrel component to make a hinge with a total of three female barrel components, since it has been held that a mere duplication of working parts of a device involves only routine skill in the art. In re Harza 124 USPQ 378 (CCPA 1960).
With respect to Claim 15, Ryner discloses the smartglasses device of claim 14, and further discloses wherein at least one of the temples (Fig. 1B-- element 110A and 110B, right and left temple; [0042]) comprises a printed circuit board (Fig. 15-- element 1022, FPC; [0087]), a battery ([0089]: battery is used to power processor, but is not shown), a microphone (Fig 1B—element 130, microphone; [0049]), one or more speakers (Fig 1B—element 132, speaker; [0049]), a connectivity module (Fig 1B—high-speed wireless circuitry; [0049]), and a cellular communications unit (Fig 1B—low-power wireless circuitry; [0049]), in electronic communication ([0096]: element 100 may communicate with a host computer via the wireless circuitry), and wherein the connectivity module (Fig 1B—high-speed wireless circuitry; [0049]) and the cellular communications unit (Fig 1B—low-power wireless circuitry; [0049]) are configured and programmed to pair or connect the smartglasses to a smart device and support active priority the smart device ([0049]: element 100 has Bluetooth capabilities).
With respect to Claim 17, Ryner discloses the smartglasses device of claim 15, and further discloses wherein the smartglasses (Fig. 1A—element 100, eyewear; [0038]) are configured and programmed to receive oral requests or commands at the microphone (Fig 1B—element 130, microphone; [0049]) to perform mobile device tasks or applications and process and communicate the oral requests or commands to a mobile device application controlling paired or connected devices or systems used for display or presentation of information related to the requested or commanded tasks or applications ([0098]: element 900 may receive voice commands for identification and connect to a mobile device via Bluetooth).
With respect to Claim 18, Ryner discloses the smartglasses device of claim 14, and further discloses wherein the spring-loaded hinge (Fig 8B— element 1000, hinge assembly; [0074]) contains no electrical wiring (Fig. 1B—wiring is restricted to the temple).
With respect to Claim 20, Ryner discloses the spring-loaded hinge for glasses of claim 6, and further discloses wherein increasing the spacing between the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) and the box housing (Fig. 8B-- the housing which encloses elements inside element 110A) reduces rotational interference between the end piece of the smartglasses front frame (Fig. 1B-- element 105, frame; [0042]) and the end piece of the smartglasses temple (Fig. 1B-- element 110A, right temple; [0042]) (Fig. 8B—element 1000 can hyperextend, more of element 1001 is exposed, creating distance between elements 105 and 110A).
With respect to Claim 21, Ryner discloses the spring-loaded hinge for glasses of claim 1, and further discloses wherein increasing the spacing between the box housing (Fig. 8B-- the housing which encloses elements inside element 110A) and the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) occurs without separating the legs (Fig. 15-- element 125A and 125B, temples; [0073]) from the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) and maintains the structural integrity of the spring-loaded hinge (Fig. 8B—element 1000 can hyperextend, more of element 1001 is exposed, creating distance between the male components of 1001 and the housing).
With respect to Claim 22, Ryner discloses the spring-loaded hinge for glasses of claim 9, and further discloses wherein increasing the spacing between the box housing (Fig. 8B-- the housing which encloses elements inside element 110A) and the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) occurs without separating the legs (Fig. 15-- element 125A and 125B, temples; [0073]) from the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) and maintains the structural integrity of the spring-loaded hinge (Fig. 8B—element 1000 can hyperextend, more of element 1001 is exposed, creating distance between the male components of 1001 and the housing).
With respect to Claim 23, Ryner discloses the smartglasses device of claim 9, and further discloses wherein the at least two female barrel (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]) are arranged to define a first channel between a first pair of the female barrel components (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]) and a second channel between a second pair of the female barrel components (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]), the first and second channels being configured to rotate relative to respectively received male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) (Fig. 15—the female barrel components create channels that allow engagement with the male barrel components and allow the pieces to rotate about an axis).
However, Ryner does not disclose a second hinge component comprising three female barrel components. It would have been obvious to one of ordinary skill in the art before the effective filing date to duplicate a female barrel component to make a hinge with a total of three female barrel components, since it has been held that a mere duplication of working parts of a device involves only routine skill in the art. In re Harza 124 USPQ 378 (CCPA 1960).
With respect to Claim 25, Ryner discloses the spring-loaded hinge for glasses of claim 14, and further discloses wherein increasing the spacing between the box housing (Fig. 8B-- the housing which encloses elements inside element 110A) and the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) occurs without separating the legs (Fig. 15-- element 125A and 125B, temples; [0073]) from the male barrel components (Fig. 15-- the portion of element 1001 that is received by element 1006) and maintains the structural integrity of the spring-loaded hinge (Fig. 8B—element 1000 can hyperextend, more of element 1001 is exposed, creating distance between the male components of 1001 and the housing).
With respect to Claim 24, Ryner discloses the smartglasses device of claim 23, and further discloses wherein each leg of the pair (Fig. 15-- element 125A and 125B, temples; [0073]) is configured to travel in a respective leg channel (Fig. 8A and 15—element 125A is attached to the hinge components via the female barrel component channels) formed in the box housing (Fig. 8B-- the housing which encloses elements inside element 110A), and wherein the leg channels (Fig. 8A and 15—element 125A is attached to the hinge components via the female barrel component channels) are aligned with the first and second channels formed by the female barrel components (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]) of the second hinge members (Fig. 15-- element 1006, cap hinge; [0073]).
With respect to Claim 26, Ryner discloses the smartglasses device of claim 14, and further discloses wherein the female barrel components (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]) comprise a first external female barrel component, a second external female barrel component, the first and second channels each adapted to engage and rotate with respect to respective male barrel components (Fig. 15—the female barrel components create channels that allow engagement with the male barrel components and allow the pieces to rotate about an axis).
However, Ryner does not disclose wherein the female barrel components comprise and a central female barrel component disposed between the first and second external female barrel components, wherein a first channel is formed between the first external female barrel component and the central external female component and a second channel is formed between the second external female barrel component and the central female barrel component. It would have been obvious to one of ordinary skill in the art before the effective filing date to duplicate a female barrel component to make a hinge with a total of three female barrel components and two channels between the three components, since it has been held that a mere duplication of working parts of a device involves only routine skill in the art. In re Harza 124 USPQ 378 (CCPA 1960).
With respect to Claim 27, Ryner discloses the smartglasses device of claim 26, and further discloses wherein each leg of the pair (Fig. 15-- element 125A and 125B, temples; [0073]) is configured to travel in a respective leg channel (Fig. 8A and 15—element 125A is attached to the hinge components via the female barrel component channels) formed in the box housing (Fig. 8B-- the housing which encloses elements inside element 110A), and wherein the leg channels (Fig. 8A and 15—element 125A is attached to the hinge components via the female barrel component channels) are aligned with the first and second channels formed by the female barrel components (Fig. 15-- protruding portion of element 1006, cap hinge; [0073]) of the second hinge members (Fig. 15-- element 1006, cap hinge; [0073]).
With respect to Claim 28, Ryner discloses the smartglasses device of claim 14, and further discloses wherein an endcap is disposed near a rear end of each female barrel component (Fig. 15-- protruding portion of element 1006, cap hinge; [0073], the end cap (Fig., 15—flat surface of element 1006 opposite the female barrel components) having a durable flat surface portion adapted to interface with an end piece of the smartglasses endpiece (Fig. 8a—element 1006 is attached to element 110A) to support over-extension of a pair of the temples (Fig. 1B-- element 110A, right temple; [0042]) beyond 90° relative to the smartglasses front frame (Fig. 1B-- element 105, frame; [0042]) (Fig. 8B—element 1000 can hyperextend, more of element 1001 is exposed, creating distance between the male components of 1001 and the housing).
Response to Arguments
Applicant's arguments filed 2/25/2026 have been fully considered but they are not persuasive.
Examiner disagrees with applicant’s argument pertaining to independent claims 1, 9, and 14 that one of ordinary skill in the art would not have placed the spring-loaded hinge components within the temple due to desire to reduce space taken up by the temple. It would have been obvious to one of ordinary skill in the art before the effective filing date to flip the orientation of the spring and u-shaped element 180 degrees to house the spring end of the hinge in the temple instead of in the front frame, since it has been held that a mere rearrangement of elements without modification of the operation of the device only involves routine skill in the art. In re Japikse 86 USPQ 70 (CCPA 1950). Further, one of ordinary skill in the art may have been motivated to make this modification because the arrangement of Ryner allows the glasses to extend up to 110 degrees (Ryner, [0086]) and the position of the spring allows the glasses to bias against the user and thus make the glasses more secure on the head (Ryner, [0079]).
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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/MACKENZI WADDELL/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
Prosecution Insights