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.
Response to Amendment
Applicant’s arguments with respect to claims 1 and 16 as they pertain to the prior art have been considered but are moot in view of the new ground(s) of rejection, as necessitated by amendment.
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 21-23 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.
As to claim 21, the claim recites “the second angled side has a sloping angle greater than 10 degrees and less then 80 degrees” which is a relative term (MPEP 2173.05(b)). The angles are measured relative to what? Where are the 10-80 degrees defined? For purposes of compact prosecution, Examiner will understand that so long as the art is angled, such angles can always be said to be in such range.
Claim 22 is rejected as dependent upon claim 21.
As to claim 23, the claim recites “the first angled side has a sloping angle greater than 10 degrees and less then 80 degrees” which is a relative term (MPEP 2173.05(b)). The angles are measured relative to what? Where are the 10-80 degrees defined? For purposes of compact prosecution, Examiner will understand that so long as the art is angled, such angles can always be said to be in such range.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 16-17, 19, 21-23 are rejected under 35 U.S.C. 102(a1) as being anticipated by Chen (US 2013/0293829; of record).
As to claim 1, Chen teaches an eyewear device (Chen Figs. 1-3) comprising
one or more transparencies (Chen Fig. 2 - 2), each of the one or more transparencies comprising one or more securing protrusions (Chen Fig. 1 - 23, 24, 22; Fig. 2 - 21, 22, 23, 24) including an interior protrusion (Chen Fig. 2 - 23, 24) and an exterior protrusion (Chen Fig. 2 - 21, 22), the interior protrusion having a first angled side (Chen Fig. 2 - 23, 24); and
a frame configured to receive the one or more transparencies (Chen Fig. 2 - 1), the frame comprising
a finger configured to engage the exterior protrusion of the one or more transparencies (Chen Fig. 1 - 111, 112, 114, 115; para. [0013], [0014]);
one or more securing blocks (Chen Fig. 2 - 125, 124) movable relative to the frame (Chen Fig. 2; Fig. 3) and including a second angled side (Chen Fig. 2 - 124, 125) for slidable engagement with the first angled side of the interior protrusion (Chen Fig. 2 - 125, 24, 124, 23; para. [0017]);
and one or more adjustable fasteners (Chen Fig. 2 - 122) for moving the one or more securing blocks from an unclamped position (Chen Figs. 2, 3; para. [0015]), in which the interior protrusion is removably receivable between the second angled side and the frame (Chen Fig. 2 - 23, 24; Fig. 3), toward a clamped position (Chen Figs. 2, 3), during which the first angled side slidably engages the second angled side so that the one or more transparencies are secured between each of the one or more securing blocks and the frame (Chen Fig. 2 - 125, 24, 124, 23; para. [0015], [0017]).
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 semi-rimless frame that does not fully encircle the one or more transparencies (Chen Fig. 1 - 1, 2).
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 a transparency within an eyewear device (Chen Figs. 1-3), comprising
the transparency (Chen Fig. 1 - 2) including one or more securing protrusions including an interior protrusion (Chen Fig. 2 - 23, 24) and an exterior protrusion (Chen Fig. 2 - 21, 22), the interior protrusion having a first angled side (Chen Fig. 2 - 23, 24); the method comprising
inserting the transparency into a frame (Chen Figs. 2-3), the frame comprising a finger configured to engage the exterior protrusion of the transparency (Chen Fig. 1 - 111, 112, 114, 115; para. [0013], [0014]), a securing block (Chen Fig. 2 - 125, 124) movable relative to the frame (Chen Fig. 2; Fig. 3) and including a second angled side (Chen Fig. 2 - 124, 125), and an adjustable fastener (Chen Fig. 2 - 122) for adjusting the securing block (Chen Figs. 2, 3; para. [0015]), wherein inserting the transparency includes engaging the exterior protrusion of the transparency with the finger of the frame (Chen Fig. 1 - 111, 112, 114, 115; para. [0013], [0014]);
and tightening the adjustable fastener to move the second angled side into contact with the first angled side of the interior protrusion (Chen Fig. 2 - 125, 24, 124, 23; para. [0015], [0017]), wherein during tightening, the first angled side slidably engages the second angled side so that the transparency is secured between the securing block and the frame (Chen Fig. 2 - 125, 24, 124, 23; para. [0015], [0017]).
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 the frame includes a groove (Chen Fig. 2 - 111, 114) and inserting the transparency includes inserting the transparency into the groove (Chen Figs. 2, 3) and positioning the interior protrusion of transparency between the second angled side of the securing block and a portion of the frame within the groove (Chen Figs. 2, 3 - 23, 24).
As to claim 19, Chen teaches all the limitations of the instant invention as detailed above with respect to claim 17, and Chen further teaches inserting the transparency into the groove formed in the frame further comprises pivoting the transparency about the exterior protrusion (Chen Figs. 1-3 - 21, 22, 114, 115; para. [0013], [0014]) after the exterior 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)).
As to claim 21 (as understood), Chen teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Chen further teaches the second angled side has a sloping angle greater than 10 degrees and less than 80 degrees (Chen Fig. 2 - 124, 125; as discussed above, any sloped angle can have the 10-80 degree angles when arbitrarily defined).
As to claim 22, Chen teaches all the limitations of the instant invention as detailed above with respect to claim 21, and Chen further teaches the first angled side has a sloping angle that complements the second angled side (Chen Fig. 2 - 24, 125, 23, 124).
As to claim 23 (as understood), Chen teaches all the limitations of the instant invention as detailed above with respect to claim 21, and Chen further teaches the first angled side has a sloping angle greater than 10 degrees and less than 80 degrees (Chen Fig. 2 - 124, 125; as discussed above, any sloped angle can have the 10-80 degree angles when arbitrarily defined).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 4-7, 24 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; of record).
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]).
As to claim 24, 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]);
the frame includes 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 (Chen Fig. 3 - 1, 2, 12).
Chen doesn’t specify the adjusting fasteners comprise one or more jackscrews, the one or more jackscrews comprises a threaded shaft and a screw head, and each of the securing blocks has a threaded hole in which the threaded shaft of one of the jackscrews is received.
In the same field of endeavor US 692 teaches using jackscrews having threads and a head (US 692 Fig. 1 - A; Fig. 4 - A) and 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]).
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]).
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; of record).
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 as applied to claim 2 above, and further in view of Pernicka (US 5,963,295; of record).
As to claim 9, Chen teaches all the limitations of the instant invention as detailed above with respect to claim 2, and Chen further teaches the semi-rimless frame having a pair of grooves (Chen Fig. 2 - 111, 114; para. [0013]);
the one or more transparencies comprises a pair of transparencies (Chen Fig. 2 - 2), each of the pair of transparencies 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 the one or more securing protrusions extending from the upper edge (Chen Fig. 1 - 23, 24; para. [0014]),
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), a pair of securing blocks housed within the frame 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 one or more securing protrusions of each of the pair of transparencies has a lower surface (Chen Fig. 2 - 23, 24) and each securing block 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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 September 11, 2026
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