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 Arguments
Applicant’s arguments have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art Kondo (see below).
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 1-2 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over “Kondo” (US 20140240474).
Claim 1: Kondo discloses an antenna arrangement for eyewear comprising:
a first conductor 200a (Fig. 8) spanning at least a portion of an upper brow region of the eyewear;
a second conductor (200b+12) configured to retain a first lens 11 (Fig. 1);
a grounding path 13 (Fig. 8, ¶ 79) connecting the first conductor to the second conductor (¶ 87: “the first antenna element 200a and the second antenna element 200b are provided so as to make a pair and so as to sandwich the bridge 13 therebetween”); and
a first antenna feed 201 configured to excite the second conductor (via 200b, see ¶ 87).
Claim 2: Kondo teaches the antenna arrangement of claim 1, wherein the second conductor extends along at least a portion of a perimeter of the first lens (see Fig. 8).
Claim 11: Kondo teaches the antenna arrangement of claim 1, wherein the first conductor functions as a ground for the first antenna feed (this limitation is deemed inherent in view of MPEP 2112.01(I), which states “[w]here the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established.” In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Claim 12: Kondo teaches the antenna arrangement of claim 1, wherein the grounding path connects an upper portion of the second conductor to the first conductor (see Fig. 8).
Allowable Subject Matter
Claims 3-5 and 13-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Okajima (US 9024830)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HASAN ISLAM whose telephone number is (571)270-1719. The examiner can normally be reached Mon-Thu 9AM-7PM EST.
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, DAMEON LEVI can be reached at (571)272-2105. 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.
/HASAN ISLAM/Primary Examiner, Art Unit 2845