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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Perry (20210364820) in view of Martin (20150009469).
Regarding claim 1, Perry discloses a frame (frame 122) of eyewear (Fig 1, [0032], interchangeable eyewear 100) with one or both temples of the frame (Fig 1, [0034], right arm 1082 extending from the right temple 108 into a receiver (e.g., an opening or slot) of the right base 106), the frame (122) comprises: a front frame (Fig 1, left lens frame 112, right lens frame 102) comprising a left bridge and a right bridge (Fig 1 shows each lens 102 surrounded by a bridge within the middle of frame 122); a left temple (116) and a right temple (108), each of the left temple (116) and the right temple (108) has a proximal end (1082) and a distal end (1084); a left magnetic fastener for coupling the proximal end of the left temple to the left bridge (Fig 1, [0034],); and a right magnetic fastener for coupling the proximal end of the right temple to the right bridge (Fig 1, [0034],) but does not teach a storage compartment. However, in a similar endeavor, Martin teaches a storage compartment (Fig 2, [0020], earpiece 106 can allow the user to store small items within the earpiece). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to provide the combined eyewear device of Perry with the storage components within an eyewear frame as demonstrated by Martin for the purpose of allowing a system to be capable of carrying small items that are readily located (Martin, [0005]).
Furthermore, it is noted that the recitation “a storage compartment” has not been give patentable weight because the recitation occurs in the preamble. A preamble is generally not accorded any patentable weight where it merely recites the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the structure limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951).
Regarding claim 2, Perry in view of Martin discloses the invention as described within 1 and Perry further teaches wherein each of the left magnetic fastener (Fig 1, [0034], left temple 116 is magnetically or frictionally secured together) and the right magnetic fastener (Fig 1, [0034], right temple 108 may be magnetically or frictionally secured together) comprises a bridge member (Fig 1, [0035], bases 120, 106 are coupled to and extend from the frame 122) and a temple member (Fig 1, [0034], arm 1080, that slides into a corresponding slot 1060, has a correspondingly shaped angle to form a complete mating alignment), the bridge member and the temple member are configured to magnetic couple with each other (Fig 1, [0034], arm 1080, that slides into a corresponding slot 1060, has a correspondingly shaped angle to form a complete mating alignment), wherein the temple member is coupled to the proximal end of the respective temple, and the bridge member is coupled to the respective bridge (Fig 1, [0035], magnetic, frictional or other interlocking connection mechanism inhibits removal of right temple 108 from the right base 106 and, similarly, removal of left temple 116 from the left base 120, and secures the temples or sidearms to the eyeglass frame 122).
Regarding claim 3, Perry discloses the invention as described within claim 1 but does not teach wherein each of the left temple and the right temple is hollow providing storage compartments. However, Martin teaches wherein each of the left temple and the right temple (Fig 2, [0019], earpiece 106 can be configured to hold the frame 102 in place relative the user's ears) is hollow providing storage compartments (Fig 2, [0020], earpiece 106 can allow the user to store small items within the earpiece). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to provide the combined eyewear device of Perry with the storage components within an eyewear frame as demonstrated by Martin for the purpose of allowing a system to be capable of carrying small items that are readily located (Martin, [0005]).
Regarding claim 4, Perry in view of Martin discloses the invention as described within claim 3 and Martin further teaches wherein each of the left temple and the right temple comprises a linear portion and a curved portion (see annotated Fig 2 that shows a linear and curved portion of temple 106), the storage compartments extend along the respective liner portion up to a point wherein the temple starts to curve (Fig 2, [0021], storage cavity 202 can include a hollow portion which is configured to receive one or more items. The storage cavity 202 can be sized based on the items that the user wishes to store). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to provide the combined eyewear device of Perry with the storage components within an eyewear frame as demonstrated by Martin for the purpose of allowing a system to be capable of carrying small items that are readily located (Martin, [0005]).
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Regarding claim 5, Perry discloses an eyewear (Fig 1, eyewear 100) comprising a frame (122) and a pair of lenses (114, 102), the frame (122) has storage compartments in one or both temples of the frame (Fig 1, [0034], right arm 1082 extending from the right temple 108 into a receiver (e.g., an opening or slot) of the right base 106), wherein the frame (122) comprises: a front frame (Fig 1, left lens frame 112, right lens frame 102) comprising a left bridge and a right bridge (Fig 1 shows each lens 102 surrounded by a bridge within the middle of frame 122); a left temple (116) and a right temple (108), each of the left temple (116) and the right temple (108) has a proximal end (1082) and a distal end (1084); a left magnetic fastener for coupling the proximal end of the left temple to the left bridge (Fig 1, [0034], left edge 1200 of the left base 120 and the proximal left edge 1160 of the left temple 116 are magnetically or frictionally secured together to form a secure connection); and a right magnetic fastener for coupling the proximal end of the right temple to the right bridge (Fig 1, [0034], edge 1060 of the right base 106 and a proximal right edge 1080 of the right temple 108 may be magnetically or frictionally secured together to form a secure connection) but does not teach a storage compartment. However, Martin teaches a storage compartment (Fig 2, [0020], earpiece 106 can allow the user to store small items within the earpiece). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to provide the combined eyewear device of Perry with the storage components within an eyewear frame as demonstrated by Martin for the purpose of allowing a system to be capable of carrying small items that are readily located (Martin, [0005]).
Furthermore, it is noted that the recitation “a storage compartment” has not been give patentable weight because the recitation occurs in the preamble. A preamble is generally not accorded any patentable weight where it merely recites the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the structure limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951).
Regarding claim 6, Perry in view of Martin discloses the invention as described within claim 5 and Perry further teaches wherein each of the left magnetic fastener (Fig 1, [0034], left temple 116 is magnetically or frictionally secured together) and the right magnetic fastener (Fig 1, [0034], right temple 108 may be magnetically or frictionally secured together) comprises a bridge member (Fig 1, [0035], bases 120, 106 are coupled to and extend from the frame 122) and a temple member (Fig 1, [0034], arm 1080, that slides into a corresponding slot 1060, has a correspondingly shaped angle to form a complete mating alignment), the bridge member and the temple member are configured to magnetic couple with each other (Fig 1, [0034], arm 1080, that slides into a corresponding slot 1060, has a correspondingly shaped angle to form a complete mating alignment), wherein the temple member is coupled to the proximal end of the respective temple, and the bridge member is coupled to the respective bridge (Fig 1, [0035], magnetic, frictional or other interlocking connection mechanism inhibits removal of right temple 108 from the right base 106 and, similarly, removal of left temple 116 from the left base 120, and secures the temples or sidearms to the eyeglass frame 122).
Regarding claim 7, Perry in view of Martin discloses the invention as described within claim 5 but does not teach wherein each of the left temple and the right temple is hollow providing the storage compartments. However, Martin teaches wherein each of the left temple and the right temple (Fig 2, [0019], earpiece 106 can be configured to hold the frame 102 in place relative the user's ears) is hollow providing the storage compartments (Fig 2, [0020], earpiece 106 can allow the user to store small items within the earpiece). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to provide the combined eyewear device of Perry with the storage components within an eyewear frame as demonstrated by Martin for the purpose of allowing a system to be capable of carrying small items that are readily located (Martin, [0005]).
Regarding claim 8, Perry discloses wherein the method comprises: providing the eye frame comprising: the front frame (Fig 1, left lens frame 112, right lens frame 102) comprising a left bridge and a right bridge (Fig 1 shows each lens 102 surrounded by a bridge within the middle of frame 122); a left temple (116) and a right temple (108), each of the left temple (116) and the right temple (108) has a proximal end (1082) and a distal end (1084); a left magnetic fastener for coupling the proximal end of the left temple to the left bridge (Fig 1, [0034]); and a right magnetic fastener for coupling the proximal end of the right temple to the right bridge (Fig 1, [0034]), detaching the left temple from the front frame (Fig 1, [0013],); detaching the right temple from the front frame (Fig 1, [0013]); and attaching the left temple and the right temple to the front frame ([0014], interchangeable frame for eyeglasses comprising first and second lenses) but does not teach a method for storing small articles in an eyewear. However, Martin teaches a method for storing small articles in an eyewear (Fig 2, [0020], earpiece 106 can allow the user to store small items within the earpiece). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to provide the combined eyewear device of Perry with the storage components within an eyewear frame as demonstrated by Martin for the purpose of allowing a system to be capable of carrying small items that are readily located (Martin, [0005]).
Regarding claim 9, Perry in view of Martin discloses the invention as described within claim 8 and Perry further teaches wherein each of the left magnetic fastener (Fig 1, [0034], left temple 116 is magnetically or frictionally secured together) and the right magnetic fastener (Fig 1, [0034]) comprises a bridge member (Fig 1, [0035], bases 120, 106 are coupled to and extend from the frame 122) and a temple member (Fig 1, [0034]), the bridge member and the temple member are configured to magnetic couple with each other (Fig 1, [0034], arm 1080, that slides into a corresponding slot 1060, has a correspondingly shaped angle to form a complete mating alignment), wherein the temple member is coupled to the proximal end of the respective temple, and the bridge member is coupled to the respective bridge (Fig 1, [0035]).
Regarding claim 10, Perry in view of Martin discloses the invention as described within claim 9 but does not teach wherein each of the left temple and the right temple is hollow providing the storage compartment for storing the small articles. However, Martin teaches wherein each of the left temple and the right temple (Fig 2, [0019], earpiece 106 can be configured to hold the frame 102 in place relative the user's ears) is hollow providing the storage compartments (Fig 2, [0020], earpiece 106 can allow the user to store small items within the earpiece) for storing the small articles ([0021], a hollow portion which is configured to receive one or more items). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to provide the combined eyewear device of Perry with the storage components within an eyewear frame as demonstrated by Martin for the purpose of allowing a system to be capable of carrying small items that are readily located (Martin, [0005]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen (9690114), Ryan (20170010481), and Dietz (20070013864) are examples of an eyewear device incorporating utility tools that are used for stowage.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST.
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Sharrief I. Broome
Primary Examiner
Art Unit 2872
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872