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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Information Disclosure Statement
The information disclosure statement(s) filed on December 26, 2023 have/has been acknowledged and considered by the examiner. Initialed copies of supplied IDS(s) forms are included in this correspondence.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 16-19 are rejected under 35 U.S.C. 102(a1) as being anticipated by Chen (US 2013/0293829).
As to claim 1, Chen teaches an eyewear device (Chen Figs. 2, 3) comprising one or more transparencies (Chen Fig. 2 - 2), each of the one or more transparencies comprising one or more securing protrusions (Chen Fig. 2 - 23, 24; para. [0014]),
a frame configured to receive the one or more transparencies (Chen Fig. 2 - 1), the frame comprising
one or more securing blocks (Chen Fig. 2 - 12, 125, 124; para. [0013]-[0014]) for securing the one or more transparencies within the frame by clamping the one or more securing protrusions on each of the one or more transparencies against the frame (Chen Fig. 2 - 12, 124, 125, 24, 25; Fig. 3 - 12, 2, 1; para. [0015]),
one or more adjustable fasteners (Chen Fig. 2 - 122; para. [0015]) for adjusting the one or more securing blocks from an unclamped position (Chen Fig. 2) in which the one or more transparencies may be placed within the frame (Chen Fig. 2 - 1, 2, 12), and a clamped position (Chen Fig. 3), in which the one or more transparencies are secured within the frame (Fig. 3 - 1, 2, 12).
As to claim 2, Chen teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Chen further teaches the frame is a semi-rimless frame that does not fully encircle the one or more transparencies (Chen Fig. 2 - 1).
As to claim 3, Chen teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Chen further teaches the one or more securing blocks are housed within a portion of the frame (Chen Fig. 2 - 12, 125, 124, 1, 13).
As to claim 16, Chen teaches a method of securing transparencies within an eyewear device (Chen Figs. 2, 3) comprising
inserting an upper edge of a transparency (Chen Fig. 2 - upper edge of (2)) into a groove formed in a frame (Chen Fig. 2 - 111, 114), the frame comprising a securing block (Chen Fig. 2 - 12, 124, 125) for securing the transparency within the frame (Chen Figs. 2, 3) and an adjustable fastener for adjusting the securing block (Chen Fig. 2 - 122), and tightening the adjustable fastener so as to adjust the securing block into a clamped position (Chen Fig. 3) in which a securing protrusion (Chen Fig. 2 - 23, 24) of the transparency is clamped against the frame (Chen Fig. 3 - 2, 1).
As to claim 17, Chen teaches all the limitations of the instant invention as detailed above with respect to claim 16, and Chen further teaches inserting the upper edge of the transparency into the groove formed in the frame comprising positioning the securing protrusion of the transparency between one or more upper surfaces of the securing block and a portion of the frame within the groove (Chen Fig. 2 - 23, 24, 116, 113; para. [0016]).
As to claim 18, Chen teaches all the limitations of the instant invention as detailed above with respect to claim 17, and Chen further teaches inserting the upper edge of the transparency into the groove formed in the frame further comprises positioning a second protrusion (Chen Fig. 1 - 22; Fig. 2 - 21, 22) of the transparency against a finger (Chen Fig. 1 - 112, 115; para. [0013], [0014]) formed in the frame in order to secure an exterior portion of the transparency to the frame (Chen Fig. 1 - 22, 115, 114).
As to claim 19, Chen teaches all the limitations of the instant invention as detailed above with respect to claim 18, and Chen further teaches inserting the upper edge of the transparency into the groove formed in the frame further comprises pivoting the transparency about the second securing protrusion (Chen Figs. 1-3 - 21, 22, 114, 115; para. [0013], [0014]) after the second securing protrusion has been positioned against the finger formed in the frame (Chen Figs. 1-3 - 21, 22, 114, 115; para. [0013], [0014] - as shown/discussed, second securing protrusion (21, 22) inserted against finger (114, 115), the lens (2) pivoted into securing position with (23, 24)).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over as applied to claim 1 above, and further in view of Chen (US 2013/038692; herein US 692).
As to claim 4, Chen teaches all the limitations of the instant invention as detailed above with respect to claim 1, but doesn’t specify the one or more adjustable fasteners comprise one or more jackscrews, the one or more jackscrews comprising a threaded shaft and a screw head. In the same field of endeavor US 692 teaches using jackscrews having threads and a head (US 692 Fig. 1 - A; Fig. 4 - A). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to employ jackscrews since, as taught by US 692, such screws are well known in the art for the purpose of opening and closing eyewear frames to insert lenses (US 692; Abstract; para. [0028]).
As to claim 5, Chen in view of US 692 teaches all the limitations of the instant invention as detailed above with respect to claim 4, and US 692 further teaches securing blocks having a threaded hole in which the threaded shaft of one of the jackscrews is received (US 692 Fig. 1 - 251, 221; para. [0024]).
As to claim 6, Chen in view of US 692 teaches all the limitations of the instant invention as detailed above with respect to claim 5, and US 692 further comprises the frame comprises one or more recesses (US 692 Fig. 1 - A, 221), and each of the one or more recesses holds a screw head of one of the jackscrews (US 692 Fig. 1 - A, 221; Fig. 4 - A), such that the screw head is allowed rotational motion but not translational motion (US 692 Fig. 4 - A).
As to claim 7, Chen in view of US 692 teaches all the limitations of the instant invention as detailed above with respect to claim 6, and US 692 further teaches rotation of the one or more jackscrews in a tightening direction moves the one or more securing blocks upwardly within the frame to secure the one or more transparencies (US 692 Fig. 1 - A, 251, 25; Fig. 4 - A, 251; para. [0024]).
Claims 8, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claims 1 and 16 above, and further in view of Wada (US 4,865,438).
As to claims 8 and 20, Chen teaches all the limitations of the instant invention as detailed above with respect to claims 1 and 16, but doesn’t specify the transparencies comprises a telescopic loupe. In the same field of endeavor Wada teaches glasses with lens (transparencies) with telescopic loupes (Wada Fig. 1 - 10, 17; Fig. 2 - 15; col. 2:60-68; col. 3:1-26). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention since, as taught by Wada, telescopic loupes are well known in the art for the purpose of providing the viewer to see a magnified view of an object (Wada col. 1:5-10).
Claims 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (cited above) and Pernicka (US 5,963,295).
As to claim 9, Chen teaches a semi-rimless eyewear device (Chen Figs. 2, 3) comprising
a semi-rimless frame having a pair of grooves (Chen Fig. 2 - 111, 114; para. [0013]);
a pair of transparencies (Chen Fig. 2 - 2), each comprising an upper edge to be received in one of the pair of grooves of the semi-rimless frame (Chen Fig. 2 - 2, 111, 114; Fig. 3; para. [0013])), and one or more securing protrusions extending from the upper edge (Chen Fig. 1 - 23, 24; para. [0014])
a pair of securing blocks housed within the semi-rimless frame (Chen Fig. 2 - 12, 125, 124; para. [0013]-[0014])
wherein the one or more securing protrusions of each of the pair of transparencies is configured to be clamped between an upper surface of one of the pair of securing blocks and a portion of the semi-rimless frame within one of the pair of grooves (Chen Fig. 2 - 116, 125, 24, 113, 124, 23; Fig. 3; para. [0014]-[0016]).
While Chen uses securing blocks to clamp the lenses in the semi-rimeless frame (Chen Figs. 2, 3), Chen uses the connection rod (121) and protrusion (122) and not the claimed block with threaded hole, jackscrews, and rotation of the jackscrews to perform the clamping.
In the same field of endeavor Pernicka teaches eyewear with jackscrews (Pernika Fig. 2 - 64, 66), securing blocks with threaded holes (Pernicka Fig. 2 - 68, 70), the jackscrews having a threaded shaft received by the threaded hole (Pernicka Fig. 2 - 64, 66, 68, 70) and rotation of the jackscrews in a tightening direction moves the pair of securing blocks upwardly within the frame (Pernicka Fig. 1 - 16, 64; Fig. 2 - 64, 66, 68, 70; Fig. 3; col. 2:60-67).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide jackscrews to clamp eyewear frame portions since, as taught by Pernicka, such screws allow for easily mounting and dismounting removable lenses from eyewear (Pernick col. 1:8-11).
As to claim 10, Chen in view of Pernicka teaches all the limitations of the instant invention as detailed above with respect to claim 9, and Chen teaches each of the securing blocks is housed within a bridge portion of the semi-rimless frame (Chen Fig. 2 - 125, 124), and the one or more securing protrusions of each of the pair of transparencies extend interiorly from the upper edge (Chen Fig. 2 - 24, 23).
As to claim 11, Chen in view of Pernicka teaches all the limitations of the instant invention as detailed above with respect to claim 9, and Pernicka teaches each of the pair of jackscrews further comprises a screw head (Pernicka Fig. 1 - 64), the semi-rimless frame comprises a pair of screw head recesses (Pernicka Fig. 2 - 64, 66; Fig. 3 - 64, 66, 16), each of the pair of screw head recesses holds at least one screw head of the pair of jackscrews such that the at least one screw head is allowed rotational motion but not translational motion (Pernicka Fig. 2 - 64, 66; Fig. 3 - 64, 66, 16).
As to claim 12, Chen in view of Pernicka teaches all the limitations of the instant invention as detailed above with respect to claim 11, and Chen teaches the semi-rimless frame comprises a pair of securing-block recesses (Chen Fig. 2 - 125, 124, 13; Fig. 3), each of the pair of securing-block recesses holds one of the pair of securing blocks such that the securing blocks are allowed translational motion but no rotational motion (Chen Fig. 2 - 125, 124, arrows; Fig. 3 - arrows).
As to claim 13, Chen in view of Pernicka teaches all the limitations of the instant invention as detailed above with respect to claim 9, and Chen teaches the securing protrusion of each of the pair of transparencies has a lower surface (Chen Fig. 2 - 23, 24) and each of the pair of securing blocks has an upper surface configured to mate with the lower surface of one of the one or more securing protrusions (Chen Fig. 2 - 124, 125, 23, 24; para. [0014] - The third protruded portion 23 abuts the third abutment portion 124. The fourth protruded portion 24 abuts the fourth abutment portion 125).
As to claim 14, Chen in view of Pernicka teaches all the limitations of the instant invention as detailed above with respect to claim 9, and Chen teaches each of the pair of transparencies further comprises a second securing protrusion (Chen Fig. 1 - 22; Fig. 2 - 21, 22) extending exteriorly from the upper edge (Chen Fig. 1 - 22; Fig. 2 - 21, 22); and the semi-rimless frame further comprises a pair of fingers (Chen Fig. 1 - 112, 115; para. [0013], [0014]), each configured to engage one of the second securing protrusions of the pair of transparencies in order to secure an exterior portion of each of the pair of transparences to the semi-rimless frame (Chen Fig. 1 - 112, 115, 22; Fig. 2 - 21, 22, para. [0013], [0014]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chen and Pernicka as applied to claim 9 above, and further in view of Wada (US 4,865,438).
As to claim 15, Chen in view of Pernicka teaches all the limitations of the instant invention as detailed above with respect to claims 9, but doesn’t specify the transparencies comprises a telescopic loupe. In the same field of endeavor Wada teaches glasses with lens (transparencies) with telescopic loupes (Wada Fig. 1 - 10, 17; Fig. 2 - 15; col. 2:60-68; col. 3:1-26). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention since, as taught by Wada, telescopic loupes are well known in the art for the purpose of providing the viewer to see a magnified view of an object (Wada col. 1:5-10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Chen (US 8,702,232); Cailung et al. (US 7,954,942; 2010/0085533); Hogan (US 7,431,452; 2006/0268220); Hirschman (US 6,227,666); Pernicka et al. (US 6,227,665); Bonoi (US 4,443,073); Schepke (US 2011/0025974) are cited as additional examples of eyewear with removable lenses.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY W WILKES whose telephone number is (571)270-7540. The examiner can normally be reached M-F 8-4 (Pacific).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 January 30, 2026