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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/09/2026 has been entered.
Response to Amendment
The amendments to the claims, in the submission dated 06/09/2026, are acknowledged and accepted. Claims 1, 4, 5, 7, 12, and 13 are amended. Claims 3, 6, and 8 have been cancelled by the applicant. Claims 16 and 17 are added without the addition of new matter. Claims 1-2, 4-5, 7, 9-and 17 are pending. The rejection of claims 4, 5, 7, and 12 under 35 U.S.C. §112 is withdrawn in light of the amendments to these claims.
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 1-2, 4, 7, and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Howard et al. US PGPub 2005/0036104 A1 (of record, see IDS dated 10/13/2023, hereinafter, "Howard") in view of Boinnard et al. US PGPub 2022/0334406 A1 (hereinafter, “Boinnard”).
Regarding amended independent claim 1, Howard discloses glasses (refer to title, abstract, and see Fig. 1 depicting a first embodiment of the eyewear disclosed), comprising:
a lens arrangement (Fig. 1, eyeglasses 10 comprise lens 14, par. [0041]),
a glasses frame (Fig. 1, eyeglasses 10 comprise frame 12, par. [0041]), and
at least one pivot point for joining together the lens arrangement and the glasses frame by pivoting them relative to one another (Fig. 1, eyeglasses 10 are assembled by inserting outer lateral mounting posts 30a and 30b of lens 14 into receiving apertures 26a and 27a at outer temple portions 22a and 22b, par. [0049], thereby providing at least one pivot point for joining frame 12 and lens 14),
wherein the glasses frame has a nose support device configured for support against a nose of a glasses wearer (Fig. 1, nose bridge portion 20, par. [0043]),
wherein the lens arrangement has a nose support device receptacle which, in a joined-together state of the lens arrangement and the glasses frame, receives the nose support device (Fig. 1, lens 14 includes nose pad 39 which may be a snap-on piece, par. [0046], therefore lens 14 has a nose support device receptacle which receives nose pad 39 when lens 14 and frame 12 are joined),
wherein the lens arrangement has at least one pre-centring pivoting means disposed adjacent to an edge of the lens arrangement, and the glasses frame has at least one counterpart pre-centring pivoting means for interacting with the at least one pre-centring pivoting means upon joining together the lens arrangement and the glasses frame (Fig. 1, eyeglasses 10 are assembled by first inserting the outer lateral mounting posts 30a and 30b of the lens 14 into the receiving apertures 26a and 27a at the outer temple portions 22a and 22b of frame 12, par. [0049]),
wherein the lens arrangement has at least one upper pre-centring means, and the glasses frame has at least one upper counterpart pre-centring means for interacting with the at least one upper pre-centring means upon joining together the lens arrangement and the glasses frame (Figs. 1 and 1A, lens 14 includes central mounting post 28, par. [0048], and frame 12 includes molded elastomeric inset 24 and post-receiving aperture 24a, par. [0045]),
wherein the lens arrangement and the glasses frame are connected to one another by positive engagement in at least one upper glasses region in a joined-together state (Fig. 1, center mounting post 28 is inserted into the receiving aperture 24a in the nose bridge portion 20 to lock lens 14 into place, par. [0049]),
wherein a tongue-and-groove connection is present between the lens arrangement and the glasses frame (Fig. 2A, overhanging channel structure 40 is shown as having an internal groove 42 for retaining the upper edge 43 of the lens 14, par. [0060]),
wherein the at least one upper pre-centring means is arranged in a lateral edge region of the lens arrangement (Fig. 1, outer lateral mounting posts 30a and 30b of lens 14 are shown as at the lateral edge of lens 14, par. [0049]), and
wherein the pre-centring pivoting means and the at least one counterpart pre-centring pivoting means latch or snap into one another in a pivot bearing region (Fig. 1, eyeglasses 10 are assembled by first inserting the outer lateral mounting posts 30a and 30b of the lens 14 into the receiving apertures 26a and 27a at the outer temple portions 22a and 22b of frame 12, par. [0049]).
Howard does not disclose at least one lower pre-centring pivoting means disposed adjacent to a bottom edge of the lens arrangement, and consequently Howard does not disclose the glasses frame has at least one lower counterpart pre-centring pivoting means for interacting with the at least one lower pre-centring pivoting means upon joining together the lens arrangement and the glasses frame, and wherein the lower pre-centring pivoting means and the at least one lower counterpart pre-centring pivoting means latch or snap into one another in a pivot bearing region (as shown in Fig. 1, eyeglasses 10 have mounting posts on the upper portions of lens 14 and frame 12, but no lower pre-centring pivoting means, or the equivalent, are depicted in Fig. 1 nor suggested by Howard).
In the same field of invention, Boinnard discloses glasses 100 with a pivotable lens retainer system 102, shown in at least Fig. 1, including frame 104 and lens 106 (i.e., shield-type lens 106A or single-eye lenses 106B), where frame 104 includes peripheral protrusions 108 (par. [0047]), where protrusions 108 are depicted as on the lower part of frame 104. Boinnard teaches when lens retainer 102 is released and able to pivot freely, lens 106A/106B is held in place only by peripheral protrusions 108, and may easily be removed by the user (par. [0053]).
Therefore, 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 Boinnard to the disclosure of Howard and included protrusions, such as protrusions 108, on the lower part of frame 12, to provide a means of holding lens 14 securely to the frame 12 at the bottom portion (Boinnard, par. [0105]).
Regarding dependent claim 2, Howard in view of Boinnard discloses the glasses according to Claim 1, and Howard further discloses wherein the at least one pivot point is predefined (Howard Fig. 1, eyeglasses 10 are assembled by inserting outer lateral mounting posts 30a and 30b of lens 14 into receiving apertures 26a and 27a at outer temple portions 22a and 22b, par. [0049], thereby providing at least one predefined pivot point for joining frame 12 and lens 14).
Regarding amended dependent claim 4, Howard in view of Boinnard discloses the glasses according to Claim 1, and Boinnard further discloses wherein the at least one lower pre-centring pivoting means is designed as a receptacle (Boinnard Fig. 1, glasses 100 with a pivotable lens retainer system 102 includes frame 104 with protrusions 108 configured to engage cutout 110 of lens 106, par. [0047]).
Therefore, 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 modified lens 14 with cutouts to receive frame 12, as modified according to the teachings of Boinnard with lower protrusions, so as to secure frame and lens together (Boinnard, par. [0105]).
Regarding amended dependent claim 7, Howard in view of Boinnard discloses the glasses according to Claim 1, and Howard further discloses wherein the at least one upper pre-centring means is designed as a protrusion (Howard Figs. 1 and 1A, lens 14 includes central mounting post 28, par. [0048], and frame 12 includes molded elastomeric inset 24 and post-receiving aperture 24a, par. [0045]).
Regarding dependent claim 10, Howard in view of Boinnard discloses the glasses according to Claim 1, and Howard further discloses wherein the device is pivotable for joining together of the lens arrangement and the glasses frame (Howard Fig. 1, eyeglasses 10 are assembled by inserting outer lateral mounting posts 30a and 30b of lens 14 into receiving apertures 26a and 27a at outer temple portions 22a and 22b, par. [0049], thereby providing at least one pivot point for joining frame 12 and lens 14).
Howard does not disclose the nose support device is pivotable as a whole (Howard teaches snap-on nose pads 39 for nose bridge portion 20 but does not suggest that nose pads 39 or nose bridge portion 20 are pivotable as a whole).
Boinnard teaches eyewear 100 has lens retainer 102 pivotably coupled to frame 104 by pin 118 (par. [0050], see Figs. 1, 2, and 10), where lens retainer 102 is part of the nose support device of eyewear 100.
Therefore, 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 Boinnard to the disclosure of Howard and modified nose bridge section 37 of lens 14 to be pivotable as a whole because Boinnard teaches such a configuration allows a user to easily switch lenses (Boinnard, par. [0048]).
Regarding dependent claim 11, Howard in view of Boinnard discloses the glasses according to Claim 1, and Howard further discloses wherein the device is pivotable (Howard Fig. 1, eyeglasses 10 are assembled by inserting outer lateral mounting posts 30a and 30b of lens 14 into receiving apertures 26a and 27a at outer temple portions 22a and 22b, par. [0049], thereby providing at least one pivot point for joining frame 12 and lens 14).
Howard does not disclose the nose support device is pivotable upwards (Howard teaches snap-on nose pads 39 for nose bridge portion 20 but does not suggest that nose pads 39 or nose bridge portion 20 are pivotable upwards).
Boinnard teaches eyewear 100 has lens retainer 102 pivotably coupled to frame 104 by pin 118 (par. [0050], see Figs. 1, 2, and 10), where lens retainer 102 is part of the nose support device of eyewear 100, and Boinnard teaches the retainer may be pivoted up or down to secure the lens (par. [0045]).
Therefore, 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 Boinnard to the disclosure of Howard and modified nose bridge section 37 of lens 14 to be pivotable, either up or down, because Boinnard teaches such a configuration allows a user to easily switch lenses (Boinnard, par. [0048]).
Regarding amended dependent claim 12, Howard in view of Boinnard discloses the glasses according to Claim 10, wherein the glasses frame has a frame part which carries the nose support device (Howard Fig. 1, eyewear 10 includes frame 12 with nose bridge portion 20).
Howard does not disclose a frame part that is twistable in order to pivot the nose support device (Howard teaches eyeglasses 10 are assembled by inserting outer lateral mounting posts 30a and 30b of lens 14 into receiving apertures 26a and 27a at outer temple portions 22a and 22b, par. [0049], but does not teach or suggest a part of frame 12 that is twistable).
Boinnard teaches eyewear 100 has lens retainer 102 pivotably coupled to frame 104 by pin 118 (par. [0050], see Figs. 1, 2, and 10), where lens retainer 102 is part of the nose support device of eyewear 100, and Boinnard teaches the retainer may be pivoted up or down to secure the lens (par. [0045]).
Therefore, 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 Boinnard to the disclosure of Howard and modified nose bridge section 37 of lens 14 to be twistable, because Boinnard teaches such a configuration allows a user to easily switch lenses (Boinnard, par. [0048]).
Regarding amended independent claim 13, Howard discloses a method for joining together glasses (refer to par. [0049] disclosing the assembly of lens 14 and frame 12) comprising a lens arrangement (Fig. 1, eyeglasses 10 comprise lens 14, par. [0041]), a glasses frame (Fig. 1, eyeglasses 10 comprise frame 12, par. [0041]), and at least one pivot point for joining together the lens arrangement and the glasses frame by pivoting them relative to one another (Fig. 1, eyeglasses 10 are assembled by inserting outer lateral mounting posts 30a and 30b of lens 14 into receiving apertures 26a and 27a at outer temple portions 22a and 22b, par. [0049], thereby providing at least one pivot point for joining frame 12 and lens 14), wherein the glasses frame has a nose support device for support against a nose of a glasses wearer (Fig. 1, nose 20 bridge portion, par. [0043]), wherein the lens arrangement has a nose support device receptacle which, in a joined-together state of the lens arrangement and the glasses frame, receives the nose support device (Fig. 1, lens 14 includes nose pad 39 which may be a snap-on piece, par. [0046], therefore lens 14 has a nose support device receptacle which receives nose pad 39 when lens 14 and frame 12 are joined), wherein the lens arrangement has at least one pre-centring pivoting means disposed adjacent to an edge of the lens arrangement, and the glasses frame has at least one counterpart pre-centring pivoting means for interacting with the at least one pre-centring pivoting means upon joining together the lens arrangement and the glasses frame (Fig. 1, eyeglasses 10 are assembled by first inserting the outer lateral mounting posts 30a and 30b of the lens 14 into the receiving apertures 26a and 27a at the outer temple portions 22a and 22b of frame 12, par. [0049]), wherein the lens arrangement has at least one upper pre-centring means, and the glasses frame has at least one upper counterpart pre-centring means for interacting with the at least one upper pre-centring means upon joining together the lens arrangement and the glasses frame (Figs. 1 and 1A, lens 14 includes central mounting post 28, par. [0048], and frame 12 includes molded elastomeric inset 24 and post-receiving aperture 24a, par. [0045]), wherein the lens arrangement and the glasses frame are connected to one another by positive engagement in at least one upper glasses region in the joined-together state (Fig. 1, center mounting post 28 is inserted into the receiving aperture 24a in the nose bridge portion 20 to lock lens 14 into place, par. [0049]), wherein a tongue-and-groove connection is present between the lens arrangement and the glasses frame (Fig. 2A, overhanging channel structure 40 is shown as having an internal groove 42 for retaining the upper edge 43 of the lens 14, par. [0060]),
the method comprising the step of pivoting the lens arrangement and the glasses frame relative to one another about at least one pivot point (Howard discloses that to assemble the eyeglasses 10, a person first inserts the outer lateral mounting posts 30a and 30b of lens 14 into the receiving apertures 26a and 27a at the outer temple portions 22a and 22b, and then the lens 14 is rotated to align with lens openings 32 and 34, par. [0049]), and
latching or snapping the pre-centring pivoting means and the at least one counterpart pre-centring pivoting means into one another in a pivot bearing region (Fig. 1, mounting posts 28, 30a, and 30b on lens 14 inter-fittingly mate with the complementary receiving apertures 24a, 26a, and 27a on the frame 12 so that the lens 14 is registered properly and tightly secured to the frame, par. [0049]).
Howard does not disclose wherein the lens arrangement has at least one lower pre-centring pivoting means disposed adjacent to a bottom edge of the lens arrangement, and consequently Howard does not disclose the glasses frame has at least one lower counterpart pre-centring pivoting means_ for interacting with the at least one lower pre-centring pivoting means upon joining together the lens arrangement and the glasses frame, nor does Howard disclose the method comprising latching or snapping the lower pre-centring pivoting means and the at least one lower counterpart pre-centring pivoting means into one another in a pivot bearing region (as shown in Fig. 1, eyeglasses 10 have mounting posts on the upper portions of lens 14 and frame 12, but no lower pre-centring pivoting means, or the equivalent, are depicted in Fig. 1 nor suggested by Howard).
In the same field of invention, Boinnard discloses glasses 100 with a pivotable lens retainer system 102, shown in at least Fig. 1, including frame 104 and lens 106 (i.e., shield-type lens 106A or single-eye lenses 106B), where frame 104 includes peripheral protrusions 108 (par. [0047]), where protrusions 108 are depicted as on the lower part of frame 104. Boinnard teaches when lens retainer 102 is released and able to pivot freely, lens 106A/106B is held in place only by peripheral protrusions 108, and may easily be removed by the user (par. [0053]).
Therefore, 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 Boinnard to the disclosure of Howard and included protrusions, such as protrusions 108, on the lower part of frame 12, to provide a means of holding lens 14 securely to the frame 12 at the bottom portion (Boinnard, par. [0105]).
Regarding dependent claim 14, Howard in view of Boinnard discloses the method according to Claim 13, and Howard further discloses wherein the nose support device is pivoted for the pivoting of the lens arrangement and the glasses frame relative to one another (Howard Fig. 1, eyeglasses 10 are assembled by inserting outer lateral mounting posts 30a and 30b of lens 14 into receiving apertures 26a and 27a at outer temple portions 22a and 22b, par. [0049], thereby providing at least one pivot point for joining frame 12 and lens 14).
In addition, or in the alternative, Boinnard teaches eyewear 100 has lens retainer 102 pivotably coupled to frame 104 by pin 118 (par. [0050], see Figs. 1, 2, and 10), where lens retainer 102 is part of the nose support device of eyewear 100.
Therefore, 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 Boinnard to the disclosure of Howard and ensured the nose bridge portion 20 of frame 12 is pivoted for the pivoting of lens 14 and frame 12 relative to each other, because Boinnard teaches such a configuration allows a user to easily switch lenses (Boinnard, par. [0048]).
Regarding dependent claim 15, Howard in view of Boinnard discloses the method according to Claim 13, wherein the device is pivoted, for the pivoting of the lens arrangement and the glasses frame relative to one another (Howard Fig. 1, eyeglasses 10 are assembled by inserting outer lateral mounting posts 30a and 30b of lens 14 into receiving apertures 26a and 27a at outer temple portions 22a and 22b, par. [0049], thereby providing at least one pivot point for joining frame 12 and lens 14).
Howard does not disclose the nose support device is pivoted upwards (Howard teaches snap-on nose pads 39 for nose bridge portion 20 but does not suggest that nose pads 39 or nose bridge portion 20 are pivotable upwards).
Boinnard teaches eyewear 100 has lens retainer 102 pivotably coupled to frame 104 by pin 118 (par. [0050], see Figs. 1, 2, and 10), where lens retainer 102 is part of the nose support device of eyewear 100, and Boinnard teaches the retainer may be pivoted up or down to secure the lens (par. [0045]).
Therefore, 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 Boinnard to the disclosure of Howard and modified nose bridge section 37 of lens 14 to be pivotable, either up or down, because Boinnard teaches such a configuration allows a user to easily switch lenses (Boinnard, par. [0048]).
Regarding new dependent claim 16, Howard in view of Boinnard discloses the glasses according to Claim 1, and Howard further discloses the at least one upper pre-centering means (Howard Fig. 1, outer lateral mounting posts 30a and 30b of lens 14 are shown as at the lateral edge of lens 14, par. [0049]), and the tongue-and-groove connection (Howard Fig. 2A, overhanging channel structure 40 is shown as having an internal groove 42 for retaining the upper edge 43 of the lens 14, par. [0060]), are formed separately and spaced apart from one another (as shown in Figs. 1 and 2A of Howard, posts 30a and 30b of lens 14 and overhanging channel structure 40 with internal groove 42 for retaining upper edge 43 of lens 14 are formed separately and space apart from one another), wherein the at least one upper pre-centering means is arranged at least mainly in the upper half of the lens arrangement (Howard Fig. 1, outer lateral mounting posts 30a and 30b of lens 14 are shown as at least mainly in the upper half of lens 14, par. [0049]), wherein the tongue-and-groove connection is formed by terminating elements of the lens arrangement engaging into a frame part of the glasses frame from below (Howard Fig. 2A, overhanging channel structure 40 accepts and retains retaining upper edge 43 of lens 14, par. [0060]).
Boinnard discloses wherein the at least one lower pre-centering pivoting means is arranged at least mainly in the lower half of the lens arrangement (Boinnard discloses glasses 100 with a pivotable lens retainer system 102, shown in at least Fig. 1, including frame 104 with peripheral protrusions 108 on the lower part of frame 104, and lens 106, par. [0047]).
Therefore, 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 Boinnard to the disclosure of Howard and positioned upper and lower pre-centering means on the upper and lower halves, respectively, of the frame 12 to provide a means of holding lens 14 securely to the frame 12 at the bottom portion and attach the lens securely to the frame (Boinnard, par. [0105]).
Regarding new dependent claim 17, Howard in view of Boinnard discloses the glasses according to Claim 13, and Howard further discloses wherein the at least one upper pre-centering means (Howard Fig. 1, outer lateral mounting posts 30a and 30b of lens 14 are shown as at the lateral edge of lens 14, par. [0049]), and the tongue-and-groove connection (Howard Fig. 2A, overhanging channel structure 40 is shown as having an internal groove 42 for retaining the upper edge 43 of the lens 14, par. [0060]) are formed separately and spaced apart from one another (as shown in Figs. 1 and 2A of Howard, posts 30a and 30b of lens 14 and overhanging channel structure 40 with internal groove 42 for retaining upper edge 43 of lens 14 are formed separately and space apart from one another), wherein the at least one upper pre-centering means is arranged at least mainly in the upper half of the lens arrangement (Howard Fig. 1, outer lateral mounting posts 30a and 30b of lens 14 are shown as at least mainly in the upper half of lens 14, par. [0049]), and wherein the tongue-and-groove connection is formed by terminating elements of the lens arrangement engaging into a frame part of the glasses frame from below (Howard Fig. 2A, overhanging channel structure 40 accepts and retains retaining upper edge 43 of lens 14, par. [0060]).
Boinnard discloses wherein the at least one lower pre-centering pivoting means is arranged at least mainly in the lower half of the lens arrangement (Boinnard discloses glasses 100 with a pivotable lens retainer system 102, shown in at least Fig. 1, including frame 104 with peripheral protrusions 108 on the lower part of frame 104, and lens 106, par. [0047]).
Therefore, 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 Boinnard to the disclosure of Howard and positioned upper and lower pre-centering means on the upper and lower halves, respectively, of the frame 12 to provide a means of holding lens 14 securely to the frame 12 at the bottom portion and attach the lens securely to the frame (Boinnard, par. [0105]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Howard in view of Boinnard as applied to claim 1 above, and further in view of McCabe et al. US 2017/0160562 A1 (hereinafter, “McCabe”).
Regarding dependent claim 9, Howard in view of Boinnard discloses the glasses according to Claim 1, wherein the nose support device and the nose support device receptacle are connected to one another in the joined-together state of the lens arrangement and the glasses frame (Howard Fig. 1, lens 14 includes nose pad 39 which may be a snap-on piece, par. [0046], therefore Howard teaches a nose support device and nose support device receptacle connected to one another in a joined-together state of lens 14 and frame 12).
The prior art combination of Howard in view of Boinnard does not teach or suggest the nose support device and the nose support device receptacle are connected to one another in a bolt-like manner (Howard teaches a snap-on piece for nose pad 39 of eyeglasses 10, and Boinnard does not teach or suggest a bolt-like connection for any elements of eyewear 100).
In the same field of invention, McCabe discloses eyewear 400, shown in at least Figs. 4 and 5, with nosepiece 446 and traction surface 450c that forms at least part of an exterior surface of the nosepiece 446 (par. [0072]). McCabe teaches a traction member can be coupled to the support of the eyewear using removable fasteners such as threaded screws, threaded bolts, and the like (par. [0047]).
Therefore, 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 McCabe to the disclosure of Howard and modified the nose pad 39 to be connected in a bolt-like manner, because McCabe teaches a secured nose pad, i.e., a traction member, reduces the likelihood of the eyewear slipping (McCabe, par. [0046]).
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding amended dependent claim 5, Howard in view of Boinnard discloses the glasses according to Claim 4, but the prior art, either singly or in combination, does not disclose wherein the pivot bearing region comprises a part-circular inner pivot bearing region, and two mutually opposing insertion flanks extending away from the part-circular inner pivot bearing region to an open end and tapering from the open end upwardly towards one another (Howard discloses circular pivot bearing regions, see e.g., Figs. 1 and 2, where mounting post members 30a and 30b are circular, but does not disclose two mutually opposing insertion flanks extending away, and Boinnard discloses pegs 128 on frame 104, see e.g., Fig. 11, but pegs 128 are not near part-circular pivot bearing regions, therefore the prior art combination does not disclose the limitation as described).
Response to Arguments
Applicant’s arguments, see remarks, filed June 9, 2026, with respect to the prior art rejections based on Bruck 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 as set forth above.
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 9:00 AM - 5:00 PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky L 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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/JUSTIN W. HUSTOFT/ Examiner, Art Unit 2872
/George G. King/Primary Examiner, Art Unit 2872
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