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 with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1-9, 11, 12 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Luis (WO Patent Publication Number 2020210884 A1) in view of Rojas (US Patent Publication Number 2021/0240006 A1).
Luis teaches, as in claim 1, an adjustable eyeglass (Figs. 1-8), comprising: a bridge bar (2+3) comprising an elongate member (2) having first and second ends (see the left and right ends of the bar) for receiving a left lens support (left element 6) and a right lens support (right element 6), the left lens support (left support 6) and right lens support (right support 6) slidably engageable with the bridge bar (¶038 “lens rings (6) with positioning adjustments and a graduation in millimeters in order to regulate the interpupillary distance between the user's two eyes”), by a respective a bar engagement portion (2), is adjustably positionable along the bridge bar (¶038 “lens rings (6) with positioning adjustments and a graduation in millimeters in order to regulate the interpupillary distance between the user's two eyes”), a left angular connector (left element 11) and a right angular connector (right element 11), the left angular connector (left element 11) and the right angular connector (right element 11) having a respective bar engagement end (14) and a respective temple engagement end (13), a respective bar engagement end arranged at a pre-defined angle relative to a respective temple engagement end (See Figure 6 which shows element 11 at a bent at an angle), wherein a respective bar engagement end (14) is configured and dimensioned to accept an inserted first or second end of the bridge bar1 whereby an insertion depth of the first and second ends of the bridge bar (2) into the bar engagement ends (14) adjustably sets an overall lens position and interpupillary distance of the adjustable eyeglasses to set an overall width of the adjustable eyeglasses (¶0030 “ Said rectangular prismatic structure (11) has a longitudinal tunnel (14) and an orifice (13) in its upper face close to the inner end that has the purpose of regulating the distance between the two rods, allowing adjustment to different diameters of the head”), a left temple arm (left element 17) and a right temple arm (right element 17) respectively comprising an arcuate ear-retaining portion (the hook in the temple that engages with ear) and an insertion portion (10), wherein a respective temple engagement end (18) of a respective left angular connector (11) or right angular connector (770) is configured and dimensioned to accept an inserted insertion portion 2of a respective left or right temple arm (17), whereby insertion depth of respective insertion portions of respective left or right temple arms (17) into the respective left or right temple arms into respective bar engagement ends adjustably sets left and right temple lengths for the adjustable eyeglasses (¶043 “hinge (12) receives a telescopic stem (16) consisting of a rectangular prismatic element (15) within which a rod (17) slides which has a rectangular end with circular holes and at the other a curvature for auricular insertion , which is properly positioned, to the user, and locked by a screw (10) with the function of adjusting the distance between the forehead and the auricular insertion”). Luis fails to teach the left lens support and the right lens support are independently positionable on the bridge bar. In a related art, Rojas teaches adjustable eyeglasses the left lens support and the right lens support are independently positionable on the bridge bar (¶0033 “to adjust the distance of first eyeglass frame 100 from bridge connector 300 independently from second eyeglass frame 400”).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis, with the left and right lens supports, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis teaches, as in claim 2, wherein the lens frame portions (6) are circular (see Fig. 1) and have an inner surface circumferentially engageable with an outer circumference of a circular lens3 (See Fig. 1).
Luis fails to teach, as in claim 3, wherein the bridge bar includes one or more regions of ridged features. In a related art Rojas teaches wherein the bridge bar (300) includes one or more regions of ridged features (324 and 374).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the bridge bar, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis fails to teach, as in claim 4, wherein the left lens support and right lens support respectively include an articulating flap member formed as a portion of the respective bar engagement portion. In a related art, Rojas teaches wherein the left lens support (100) and right lens support (400) respectively include an articulating flap member (132 +134 and 112 and 114) formed as a portion of the bar engagement portion (130 and 140), the articulating flap members (132 +134 and 112 and 114) respectively include an interior ridged feature (134 and 114) complementary to the one or more regions of ridged features (324 and 374) of the bridge bar4 (300).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the left and right support members, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis fails to teach, as in claim 5, wherein the complementary feature of the articulating flap member is releasably and adjustably engageable with the one or more regions. In a related art, Rojas teaches wherein the complementary feature of the articulating flap member (132 +134 and ridges for 430 ) is releasably and adjustably engageable with the one or more regions (310 and 360) of ridged features (324 and 374) of the bridge bar (300) to releasably secure the respective bar engagement portion at a position along the bridge bar (¶0029 “Bridge connector 300 could be moved along width axis 500 down the length of frame-bridge connector 130 and could be locked in place by closing door 310, while bridge connector 300 could be moved along width axis 500 down the length of frame-bridge connector 430 to be locked in place by closing door 360” See Fig. 5 and 6 where the locks are in a locked and unlocked position).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the articulating flap member, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis fails to teach, as in claim 6, wherein the bar engagement ends of the left angular connector and right angular connector each include an articulating flap member. In a related art, Rojas teaches wherein the bar engagement ends of the left angular connector (710) and right angular connector (770) each include an articulating flap member (730 and 780) formed as a portion of the respective bar engagement end (750 and 790), the articulating flap members (735 and 785) each including an interior ridged feature complementary5 (¶0030) to the one or more regions of ridged features of the bridge bar ends (the ridges from 110).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the articulating flap member, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis fails to teach, as in claim 7, wherein the complementary feature of the articulating flap member is releasably and adjustably engageable with the one or more regions. In a related art, Rojas teaches wherein the complementary feature of the articulating flap member (730 and 780) is releasably and adjustably engageable with the one or more regions of ridged features of the bridge bar ends (¶0030 “First temple corner 710 could be moved along width axis 800 following a length of frame-temple connector 110 and could be locked in place by closing door 730”) to releasably secure the respective bar engagement end (750 and 790) of the respective angular connector (710 and 770) at an insertion depth of the bridge bar end (see the hole at the bar engagement end 750).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the articulating flap member, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis fails to teach, as in claim 8, wherein the temple engagement ends of the left angular connector and right angular connector each include an articulating flap member. In a related art, Rojas teaches wherein the temple engagement ends of the left angular connector (710) and right angular connector (770) each include an articulating flap member (720 and 770) formed as a portion of the respective temple engagement end (portion of 710 and 770 that engage with the temples), the articulating flap members (720 and 770) each including an interior ridged feature6 complementary to one or more regions of ridged features of the temple arms.
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the articulating flap member, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis fails to teach, as in claim 9, wherein the complementary feature of the articulating flap member is releasably and adjustably engageable with the one or more regions. In a related art, Rojas teaches wherein the complementary feature of the articulating flap member (720 and 770) is releasably and adjustably engageable with the one or more ridged features (920 and 970) of the temple arms (910 and 960) to releasably secure the respective temple engagement end of the respective angular connector at an insertion depth of the temple arm (¶0031 “first temple corner 710 could be moved up and down depth axis 1010 along a length of temple-frame connector 920 and could be locked in place by closing door 720. Second temple corner 720 could be moved along depth axis 1020 along a length of temple-frame connector 970 and could be locked in place by closing door 770. This allows a customer to adjust the depth of the first temple support 910 and second temple support 960 to fit a specific head depth distance”).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the articulating flap member, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis fails to teach, as in claim 11, which includes wherein the respective bar engagement end and temple engagement end of each angular connector are arranged at a pre-defined angle of approximately 75 - 105 degrees. In a related art, Rojas teaches which includes wherein the respective bar engagement end and temple engagement end of each angular connector are arranged at a pre-defined angle of approximately 75 - 105 degrees 7 (¶0051 “while depth axis 1010 and depth axis 1020 are shown here as substantially orthogonal to width axis 500 and width axis 800”, see Fig. 10).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the angular connectors, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis fails to teach, as in claim 12, which includes wherein the pre-defined angle is approximately 90 degrees. In a related art, Rojas teaches which includes wherein the pre-defined angle is approximately 90 degrees 8 (¶0051 “while depth axis 1010 and depth axis 1020 are shown here as substantially orthogonal to width axis 500 and width axis 800”, see Fig. 10).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the angular connectors, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis fails to teach, as in claim 14, wherein the adjustable eyeglasses do not have temple hinges. In a related art, Rojas teaches wherein the adjustable eyeglasses do not have temple hinges (No hinges disclosed on the temple see Figs. 9A and 9B).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the eyewear with no hinges, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis fails to teach, as in claim 15, wherein the adjustable eyeglasses do not have nose pads. In a related art, Rojas teaches wherein the adjustable eyeglasses do not have nose pads. (No nose pads are disclosed in Fig. 8).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the eyewear with no nose pads, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Luis fails to teach, as in claim 16, wherein the adjustable eyeglasses are constructed entirely from plastic and contain no metal. In a related art, Rojas teaches wherein the adjustable eyeglasses are constructed entirely from plastic and contain no metal (¶0037 “frame 100 is shown as comprising a single contiguous material, such as a plastic”).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the eyewear with no metal, as taught by Rojas, for the purpose of providing a way so customers can make adjustments to a width of eyeglass frames relative to one another, a width of eyeglass temples relative to one another, and/or a depth of eyeglass temples from the eyeglass frames (¶0006).
Claims 10 are rejected under 35 U.S.C. 103 as being unpatentable over Luis (WO Patent Publication Number 2020210884 A1) in view of Rojas (US Patent Publication Number 2021/0240006 A1) and in further view of Hikosaka (US Patent Publication Number 2021/0041723 A1).
Luis and Rojas fail to teach, as in claim 10, wherein the inner surface of the lens frame portions and outer circumference of the circular lenses are substantially smooth and engage by friction. In a related art, Hikosaka teaches adjustable eyewear (Fig. 6A) wherein the inner surface of the lens frame portions (212_1) and outer circumference of the circular lenses (300) are substantially smooth9 (¶0064, “lens 310 of lens unit 300 is a normal lens” and see surface 212_1 in Fig. 6A) and engage by friction10.
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the inner surface of the lens frame portions and outer circumference of the circular lenses that are substantially smooth, as taught by Hikosaka, for the purpose of providing at one lens unit may be configured to be rotated about the central axis (¶0073).
Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Luis (WO Patent Publication Number 2020210884 A1) in view of Rojas (US Patent Publication Number 2021/0240006 A1) and in further view of Weatherby (IN Patent Number 272915 B).
Luis teaches, as in claim 13, wherein the lens frame portions (6) are independently configured to support lenses (See Fig. 1). Luis and Rojas fail to teach each lens having a prescription in a range from about -10 to +8. In a related art, Weatherby teaches a lens having a prescription in a range from about -10 to +8 (Page 11, lines 28-29 “a lens with a -5.00”).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with prescription, as taught by Weatherby, for the purpose of providing a lens to produce a prescription that will allow the patient to see clearly (Page 10, lines 27-28).
Claims 17 is rejected under 35 U.S.C. 103 as being unpatentable over Luis (WO Patent Publication Number 2020210884 A1) in view of Rojas (US Patent Publication Number 2021/0240006 A1) and in further view of Shalon (US Patent Publication Number 2020/0278563 A1).
Luis and Rojas fail to teach, as in claim 17, wherein the left and right temple lengths have a range from about 100 mm to about 170 mm. In a related art, Shalon teaches an adjustable eyewear device, wherein the left and right temple lengths have a range from about 100 mm to about 170 mm11 (¶0038 “a length of the temple pieces can be about 40-60 mm in folded position and roughly twice that when extended”).
It would have been obvious of one of ordinary skill of the art before the effective filing date of the claimed invention to have modified, the adjustable eyewear, as taught by Luis and Rojas, with the temple lengths, as taught by Shalon, for the purpose of allowing the glasses to securely fit on the user's face with maximum comfort and the minimal force exerted by the temple disks of the ear pieces (¶0039).
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 JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm.
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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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JOURNEY F. SUMLAR
Examiner
Art Unit 2872
02 March 2026
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872
1 Fig. 6 shows that the elongated bar 2 is inserted into bar engagement end 14.
2 The end of 18 the is inserted in connector 11. See Fig. 6.
3 The whole lens support is circular and the inner surface make contact with entire outer boundary of the lens as shown in Fig. 1.
4 The ridges 134 and 114 are inserted into 310 and 360 which has ridges 324 and 374. The purpose of 310 and 370 are to act as locks which lock and unlock the 130 and 430 with respect to the ridges.
5 The interior ridged feature is 730 and 780 act as a lock with respect to the ridges on bar
6 The interior ridged feature is 720 and 770 which act like a lock with respect to the ridges on bar
7 Figure 10 shows the axis 1010 would be the y axis of the connector and 800 would be the x axis of the connector which would be orthogonal (or 90 degrees).
8 Figure 10 shows the axis 1010 would be the y axis of the connector and 800 would be the x axis of the connector which would be orthogonal (or 90 degrees).
9 The outer surface of a normal lens is smooth.
10 When 300 is rotated out of 212_1 as seen in Fig. 6B and 7. Friction would be present between the inner surface 212_1 and the outer surface of 300.
11 Twice” would equal 80-120 mm. In which. MPEP 2144.05 states “In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists.”