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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 1, 2023 has been considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 8, after “pivot” and before “portion”, “connecting” should be inserted to properly establish antecedent basis. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (U.S. Patent Number 6,533,412).
With regard to independent claim 1, although Wang et al teaches a spectacle lens replacement structure (Figure 1 and column 1, lines 38-41), comprising: a frame (Figure 1, element 20), which has an inlay groove provided thereof (Figure 2, element 27), wherein an opening of the inlay groove faces downward, wherein due to the arrangement of the inlay groove, the frame has a front side wall and a rear side wall formed corresponding to the inlay groove (see annotated Figure 2 below), wherein the frame has a pivot connecting portion provided on the front side wall and protruding toward the rear side wall (Figure 6, element 22), a pivot ball body formed at the end of the pivot portion (Figure 6, element 60), a long opening provided on the rear side wall and passing through the thickness of the rear side wall (Figure 7, element 30), and at least a part of the long opening corresponds to the pivot connecting portion (Figures 6 and 7); a switch (Figures 6 and 7, element 52), arranged in the long opening, wherein the switch has two opposite ends, and an insertion piece extending toward the front side wall at the other end thereof (Figures 6 and 7, element 56), allowing the switch to pivot around the pivot ball body as the axis; and a lens (Figure 1, element 40), wherein the upper edge of which is correspondingly embedded in the inlay groove of the frame (column 3, lines 1-2), wherein the lens has a closed lock hole (Figure 1, element 42) and a concave groove (Figure 1, element 44) that is recessed downward from the upper edge of the lens respectively in the corresponding to the insertion piece and the pivot connecting portion, wherein when the upper edge of the lens is inserted into the inlay groove (column 3, lines 6-10), the concave groove allows the pivot connecting portion and the clamping portion holding the pivot connecting portion to enter, and when the end of the switch equipped with the insertion piece is pressed toward the front side wall, the insertion piece will be inserted into the lock hole to fix the lens on the frame (Figures 6 and 7, wherein element 56 is inserted into aperture 30 to secure the lens (40) on the frame (20)), Wang et al fails to teach such a spectacle lens wherein the long opening is connected with the inlay groove and wherein the switch has a clamping portion provided at one end thereof, wherein the clamping portion has two clamping claws arranged thereof, wherein the two clamping claws correspondingly clamp the pivot ball body at the end of the pivot connecting portion. Wang et al does teach a hinge and screw assembly (Figures 6 and 7, elements 58 and 60) such that it would have been obvious to one of ordinary skill in the art before the effective date of the instant invention to modify the spectacle lens replacement structure, as taught by Wang et al, with a ball and claw assembly, to pivotally connect the switch to the frame.
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With regard to dependent claim 2, Wang et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a spectacle lens replacement structure, wherein a protruding limiting protrusion is provided on the bottom surface of the insertion piece (Figures 6 and 7, element 54), when the insertion piece is inserted into the lock hole, the limiting protrusion will be adjacent to the front surface of the rear side wall (column 3, lines 36-60).
With regard to dependent claim 3, Wang et al teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 2, and further teaches such a spectacle lens replacement structure, wherein the switch has a pressing force-applying part that protrudes backward and is provided at one end corresponding to the clamping portion, when the switch is accommodated in the long opening, the pressing force-applying part will relatively protrude from the rear surface of the rear side wall (column 3, lines 51-60 and Figures 6 and 7, element 54).
With regard to dependent claim 4, Wang et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a spectacle lens replacement structure, wherein the switch has a pressing force-applying part that protrudes backward and is provided at one end corresponding to the clamping portion, when the switch is accommodated in the long opening, the pressing force-applying part will relatively protrude from the rear surface of the rear side wall (column 3, lines 51-60 and Figures 6 and 7, element 54).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chiou (U.S. Patent Number 7,219,993), Chen (U.S. Patent Number 7,481,529), Belbey et al (U.S. Patent Number 8,469,510), Huang (U.S. Patent Number 8,777,403), Li (U.S. Patent Number 9,207,463), Huang (U.S. Patent Number 10,012,847) and Tung (U.S. Patent Number 11,644,686) all teach spectacle lens replacement structures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRYL J COLLINS whose telephone number is (571) 272-2325. The examiner can normally be reached M-Th 5:30 a.m. - 4:00 p.m.
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/DARRYL J COLLINS/ Primary Examiner, Art Unit 2872
08 October 2025