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 .
Drawing Objections
Figures 1A, 1B, 2A, 2B, 3A, and 3B should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2-14, and 16-18 are objected to because of the following informalities:
Claims 2-14, and 16-18 recites the limitation "the frame." There is insufficient antecedent basis for this limitation in the claim, for “a frame” is never recited in Claims 1 and 15. Claims 1 and 15 recite “an eyewear frame.”
Appropriate correction is required.
Claim Interpretation - 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "an external force is applied to the frame" in Claims 1 and 15, "the external force is associated with an increased risk of damage" in Claim 2, "external force is associated with an intentional disassembly of the frame" in Claim 3, "indirect connection" in Claims 5-6, 10, 12-13, 16, and 18, "magnetic complements" in Claims 7-8, and 16-17, "magnetic attraction operates over a distance" in Claim 9, and "complementary to stabilize" in Claims 13-14, and 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4 and 11 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 1 recites “the first frame component is connected to the second frame component at the connection” while Claim 4 defines the “the first frame component comprises a left lens frame, the second frame component comprises a right lens frame, and the connection comprises a bridge connection,” and Claim 11 defines “the first frame component comprises a lens frame, the second frame component comprises a temple, and the connection is a temple connection.” Since Claims 4 and 11 each inconsistently redefine the same elements of Claim 1 rather than further limiting them, they do not comply with the requirements of § 112(d). See MPEP § 608.01(n).
Claims 5-10, and 12-14 depend from Claims 4 and 11 and therefore inherit the same deficiencies.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to Claims 1-20, and notwithstanding the permissible instances, the use of functional language in a claim may fail "to provide a clear-cut indication of the scope of the subject matter embraced by the claim" and thus be indefinite. In re Swinehart, 439 F.2d 210, 213 (CCPA 1971). For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear. Halliburton Energy Servs., Inc. v. M-I LLC, 514 F.3d 1244, 1255, 85 USPQ2d 1654, 1663 (Fed. Cir. 2008); see also United Carbon Co. v. Binney & Smith Co., 317 U.S. 228, 234 (1942) (holding indefinite claims that recited substantially pure carbon black "in the form of commercially uniform, comparatively small, rounded smooth aggregates having a spongy or porous exterior"). See MPEP § 2173.05(g).
In the current instance, “an external force is applied to the frame” in Claims 1 and 15, “wherein the external force is associated with an increased risk of damage to a different eyewear frame” in Claim 2, and “wherein the external force is associated with an intentional disassembly of the frame” in Claim 3 are indefinite because a person having ordinary skill in the art would not be able to clearly determine which forces are applied within these contingent limitations and scenarios, nor would they be able to distinguish between forces causing damage versus those causing “intentional assembly.” Thus, the scope of the claims cannot be determined with reasonably certainty, for the claim limitations define these features entirely by function or result and not by any structural characteristics or measurable parameters. See also MPEP §§ 2111.04 and 2115.
For the prosecution on merits, examiner interprets these limitations as introducing optional elements, optional structural limitations, optional conditional expressions, and optional functionality of an eyewear device.
Applicant should clarify the claim limitations as appropriate. Care should be taken during revision of the description and of any statements of problem or advantage, not to add subject-matter which extends beyond the content of the application (specification) as originally filed.
If the language of a claim, considered as a whole in light of the specification and given its broadest reasonable interpretation, is such that a person of ordinary skill in the relevant art would read it with more than one reasonable interpretation, then a rejection of the claims under 35 U.S.C. 112, second paragraph, is appropriate. See MPEP 2173.05(a), MPEP 2143.03(I), and MPEP 2173.06.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao US 20090135370 A1.
With respect to Claim 1, Xiao discloses an eyewear frame (spectacle frame; [0031]), comprising:
a first frame component (left rim 40a; [0049]) and a second frame component (right rim 40b; [0049]) that are reversibly connectable (as seen in fig. 7) at a connection (magnetic attraction, e.g., via magnetic material hollow portion 65; [0049]);
wherein the first frame component (left rim 40a; [0049]) is connected to the second frame component (right rim 40b; [0049]) at the connection (magnetic attraction, e.g., via magnetic material hollow portion 65; [0049]) and an external force is applied to the frame (means of magnetic force; [0033]), the first frame component (left rim 40a; [0049]) disconnects (first and second members of spectacle frame being disassembled; [0033]) from the second frame component (right rim 40b; [0049]) at the connection (hollow portion 65; [0049]; fig. 7-8).
With respect to Claim 2, Xiao discloses the frame (spectacle frame; [0031]) of claim 1, wherein the external force (means of magnetic force; [0033]) is associated with an increased risk of damage (e.g., via releasing magnet with stronger reverse magnetic force used to place outside of temple 100; [0037]) to a different (changing temples become unstable; [0006]) eyewear frame (spectacle frame; [0031]).
With respect to Claim 3, Xiao discloses the frame (spectacle frame; [0031]) of claim 1, wherein the external force (means of magnetic force; [0033]) is associated with an intentional disassembly (spectacle frame being disassembled for user changeable; [0033]) of the frame (spectacle frame; [0031]).
With respect to Claim 4, Xiao discloses the frame (spectacle frame; [0031]) of claim 1, wherein the first frame component (left rim 40a; [0049]) comprises a left lens frame (left rim 40a; [0049]), the second frame component (right rim 40b; [0049]) comprises a right lens frame (right rim 40b; [0049]), and the connection (magnetic attraction, e.g., via magnetic material hollow portion 65; [0049]) comprises a bridge connection (bridge 60; [0049]).
With respect to Claim 5, Xiao discloses the frame (spectacle frame; [0031]) of claim 4, further comprising a center bridge (recesses 62A-F of bridge 60; [0049]), wherein the bridge connection (bridge 60; [0049]) is an indirect connection (fig. 7-8) between the left lens frame (left rim 40a; [0049]) and the right lens frame (right rim 40b; [0049]) via the center bridge (recesses 62A-F of bridge 60; [0049]).
With respect to Claim 6, Xiao discloses the frame (spectacle frame; [0031]) of claim 5, wherein the indirect connection (fig. 7-8) comprises a left bridge connection (left bridge 60; [0049]) between a left male member (locking magnet 5a; [0049]) of the left lens frame (left rim 40a; [0049]) and a left female acceptor (housing 11a; [0049]) of the center bridge (recesses 62A-F of bridge 60; [0049]) and a right bridge connection (right bridge 60; [0049]) between a right male member (locking magnet 5b; [0049]) of the right lens frame (right rim 40b; [0049]) and a right female acceptor (housing 11b; [0049]) of the center bridge (recesses 62A-F of bridge 60; [0049]).
With respect to Claim 7, Xiao discloses the frame (spectacle frame; [0031]) of claim 6, wherein the left male member (locking magnet 5a; [0049]) and the left female acceptor (housing 11a; [0049]) are first magnetic complements (housing 11a for disposing locking magnet 5a; [0049]) configured for a first magnetic attraction (magnetic force will guide and attract locking magnet 5a; [0049]) therebetween and wherein the right male member (locking magnet 5b; [0049]) and the right female acceptor (housing 11b; [0049]) are second magnetic complements (housing 11b for disposing locking magnet 5b; [0049]) configured for a second magnetic attraction (magnetic force guide/attract locking magnet 5b; [0049]) therebetween (fig. 7-8).
With respect to Claim 8, Xiao discloses the frame (spectacle frame; [0031]) of claim 4, wherein the bridge connection (bridge 60; [0049]) is a direct connection (fig. 7-8) between a left member (inserting portion 51a; [0049]) of the left lens frame (left rim 40a; [0049]) and a right member (inserting portion 51b; [0049]) of the right lens frame (right rim 40b; [0049]), wherein the left member (inserting portion 51a; [0049]) and the right member (inserting portion 51b; [0049]) are magnetic complements (for disposing two locking magnet 5a, 5b; [0049]) configured for a magnetic attraction (magnetic force will guide and attract the locking magnets 5a, 5b; [0049]) therebetween (fig. 7-8).
With respect to Claim 9, Xiao discloses the frame (spectacle frame; [0031]) of claim 8, wherein the magnetic attraction (magnetic force will guide and attract the locking magnets 5a, 5b; [0049]) operates over a distance (as seen in fig. 7-8) between the left member (inserting portion 51a; [0049]) and the right member (inserting portion 51b; [0049]).
With respect to Claim 10, Xiao discloses the frame (spectacle frame; [0031]) of claim 4, wherein the bridge connection (bridge 60; [0049]) comprises a direct connection (fig. 7-8) between a left male member (locking magnet 5a; [0049]) of the left lens frame (left rim 40a; [0049]) and a right female acceptor (housing 11b; [0049]) of the right lens frame (right rim 40b; [0049]), or a left female acceptor (housing 11a; [0049]) of the left lens frame (left rim 40a; [0049]) and a right male member (locking magnet 5b; [0049]) of the right lens frame (right rim 40b; [0049]); or
the bridge connection (bridge 60; [0049]) comprises an indirect connection (fig. 7-8) between a grooved (fig. 8) left male member (locking magnet 5a; [0049]) of the left lens frame (left rim 40a; [0049]) and a ribbed (fig. 8) center bridge (recesses 62A-F of bridge 60; [0049]) or a grooved (fig. 8) right male member (locking magnet 5b; [0049]) of the right lens frame (right rim 40b; [0049]) and the ribbed (fig. 8) center bridge (recesses 62A-F of bridge 60; [0049]).
With respect to Claim 11, Xiao discloses the frame (spectacle frame; [0031]) of claim 1, wherein the first frame component (left rim 40a; [0049]) comprises a lens frame (rim 40, comprising left and right rims 40a, 40b of the spectacle; [0049]), the second frame component (right rim 40b; [0049]) comprises a temple (temple 100; [0036]; fig. 1), and the connection (magnetic attraction, e.g., via magnetic material hollow portion 65; [0049]) is a temple connection (magnetic locker e.g., via end-piece 30 connecting to temple 100; [0034]; fig. 1).
With respect to Claim 12, Xiao discloses the frame (spectacle frame; [0031]) of claim 11, further comprising a temple stub (inserting portion 10; [0034]) that is hingedly attached (inserting portion 10 connected to end-piece 30 of rim 40; [0034]; fig. 1) to the lens frame (rim 40, comprising left and right rims 40a, 40b of the spectacle; [0049]), wherein the temple connection (end-piece 30; [0034]; fig. 1) comprises an indirect connection (fig. 1) between the lens frame (rim 40, comprising left and right rims 40a, 40b of the spectacle; [0049]) and the temple (temple 100; [0036]; fig. 1) via the temple stub (inserting portion 10; [0034]; fig. 1).
With respect to Claim 13, Xiao discloses the frame (spectacle frame; [0031]) of claim 12, wherein the indirect connection (fig. 1) comprises an engagement of the temple stub (inserting portion 10; [0034]) with a temple groove (receiving portion 20; [0034]) of the temple (temple 100; [0036]; fig. 1), wherein the temple stub (inserting portion 10; [0034]) and the temple groove (receiving portion 20; [0034]) are complementary to stabilize the engagement (locking mechanism; [0035]).
With respect to Claim 14, Xiao discloses the frame (spectacle frame; [0031]) of claim 13, wherein the temple stub (inserting portion 10; [0034]) and the temple groove (receiving portion 20; [0034]) are magnetically complementary (inserting portion 20 has housing 11 of inserting portion 10 for disposing magnetic locking member of locking mechanism; [0035]; fig. 1) to stabilize the engagement (locking mechanism; [0035]) with a temple magnetic attraction (magnetic locker to comprise inserting portion 10 connected to end-piece 30 and receiving portion 20 connected to temple 100; [0034]).
With respect to Claim 15, Xiao discloses an eyewear frame (spectacle frame; [0031]), comprising:
a left lens frame (left rim 40a; [0049]) and a right lens frame (right rim 40b; [0049]) that are reversibly connectable (as seen in fig. 7) at a bridge connection (bridge 60; [0049]);
a left temple stub (left inserting portion 10; [0034]) that is hingedly attached (inserting portion 10 connected to end-piece 30 of rim 40; [0034]; fig. 1) to the left lens frame (left rim 40a; [0049]) and includes a left temple connection (left end-piece 30; [0034]); and
a right temple stub (right inserting portion 10; [0034]; fig. 1) that is hingedly attached (inserting portion 10 connected to end-piece 30 of rim 40; [0034]; fig. 1) to the right lens frame (right rim 40b; [0049]) and includes a right temple connection (right end-piece 30; [0034]; fig. 1);
wherein the left lens frame (left rim 40a; [0049]) is reversibly connected (fig. 7-8) to the right lens frame (right rim 40b; [0049]) at the bridge connection (bridge 60; [0049]), the left temple stub (left inserting portion 10; [0034]) is reversibly connected (as seen in fig. 1) to a left temple (left temple 100; [0036]) at the left temple connection (left end-piece 30; [0034]), and the right temple stub (right inserting portion 10; [0034]; fig. 1) is reversibly connected (fig. 1) to a right temple (right temple 100; [0036]; fig. 1) at the right temple connection (right end-piece 30; [0034]; fig. 1), and wherein an external force is applied to the frame (means of magnetic force; [0033]):
the left lens frame (left rim 40a; [0049]) disconnects (first and second members of spectacle frame being disassembled; [0033]) from the right lens frame (right rim 40b; [0049]) at the bridge connection (bridge 60; [0049]); the left temple stub (left inserting portion 10; [0034]) disconnects (disassembled for user changeable; as seen in fig. 1-3) from the left temple (left temple 100; [0036]) at the left temple connection (left end-piece 30; [0034]); the right temple stub (right inserting portion 10; [0034]; fig. 1) disconnects (disassembled for user changeable; as seen in fig. 1-3) from the right temple (right temple 100; [0036]; fig. 1) at the right temple connection (right end-piece 30; [0034]; fig. 1); or any combination thereof (fig. 1-3, and 7-8).
With respect to Claim 16, Xiao discloses the frame (spectacle frame; [0031]) of claim 15, further comprising a center bridge (recesses 62A-F of bridge 60; [0049]), wherein the bridge connection (bridge 60; [0049]) is an indirect connection (fig. 7-8) between the left lens frame (left rim 40a; [0049]) and the right lens frame (right rim 40b; [0049]) via the center bridge (recesses 62A-F of bridge 60; [0049]);
wherein the indirect connection (fig. 7-8) comprises a left bridge connection (bridge 60; [0049]) between a left male member (locking magnet 5a; [0049]) of the left lens frame (left rim 40a; [0049]) and a left female acceptor (housing 11a; [0049]) of the center bridge (recesses 62A-F of bridge 60; [0049]) and a right bridge connection (bridge 60; [0049]) between a right male member (locking magnet 5b; [0049]) of the right lens frame (right rim 40b; [0049]) and a right female acceptor (housing 11b; [0049]) of the center bridge (recesses 62A-F of bridge 60; [0049]);
wherein the left male member (locking magnet 5a; [0049]) and the left female acceptor (housing 11a; [0049]) are first magnetic complements (housing 11a for disposing locking magnet 5a; [0049]) configured for a first magnetic attraction (magnetic force will guide and attract locking magnet 5a; [0049]) therebetween and wherein the right male member (locking magnet 5b; [0049]) and the right female acceptor (housing 11b; [0049]) are second magnetic complements (housing 11b for disposing locking magnet 5b; [0049]) configured for a second magnetic attraction (magnetic force guide/attract locking magnet 5b; [0049]) therebetween (fig. 7-8).
With respect to Claim 17, Xiao discloses the frame (spectacle frame; [0031]) of claim 15, wherein the bridge connection (bridge 60; [0049]) is a direct connection (fig. 7-8) between a left member (inserting portion 51a; [0049]) of the left lens frame (left rim 40a; [0049]) and a right member (inserting portion 51b; [0049]) of the right lens frame (right rim 40b; [0049]), wherein the left member (inserting portion 51a; [0049]) and the right member (inserting portion 51b; [0049]) are magnetic complements (for disposing two locking magnet 5a, 5b; [0049]) configured for a magnetic attraction therebetween (magnetic force will guide and attract the locking magnets 5a, 5b; [0049]) therebetween (fig. 7-8).
With respect to Claim 18, Xiao discloses the frame (spectacle frame; [0031]) of claim 15, wherein the left temple connection (left end-piece 30; [0034]) comprises a left indirect connection (fig. 1-3) between the left lens frame (left rim 40a; [0049]) and the left temple (left temple 100; [0036]) via the left temple stub (left inserting portion 10; [0034]), and wherein the right temple connection (right end-piece 30; [0034]; fig. 1) comprises a right indirect connection (fig. 1-3) between the right lens frame (right rim 40b; [0049]) and the right temple (right temple 100; [0036]; fig. 1) via the right temple stub (right inserting portion 10; [0034]; fig. 1);
wherein the left indirect connection (fig. 1-3) comprises a left engagement (inserting portion 10 can be slid inside receiving portion 20 freely; [0035]; fig. 2-3) of the left temple stub (left inserting portion 10; [0034]) with a left temple groove (left receiving portion 20; [0034]) of the left temple (left temple 100; [0036]), wherein the left temple stub (left inserting portion 10; [0034]) and the left temple groove (left receiving portion 20; [0034]) are magnetically complementary (inserting portion 20 has housing 11 of inserting portion 10 for disposing magnetic locking member of locking mechanism; [0035]; fig. 1) to stabilize the left engagement (locking mechanism; [0035]) with a left temple magnetic attraction (magnetic locker to comprise inserting portion 10 connected to end-piece 30 and receiving portion 20 connected to temple 100; [0034]);
wherein the right indirect connection (fig. 1-3) comprises a right engagement (inserting portion 10 slid inside receiving portion 20; [0035]; fig. 2-3) of the right temple stub (right inserting portion 10; [0034]; fig. 1) with a right temple groove (right receiving portion 20; [0034]; fig. 1) of the right temple (right temple 100; [0036]; fig. 1), wherein the right temple stub (right inserting portion 10; [0034]; fig. 1) and the right temple groove (right receiving portion 20; [0034]; fig. 1) are magnetically complementary ([0035]; fig. 1) to stabilize the right engagement (locking mechanism; [0035]) with a right temple magnetic attraction ([0034]).
With respect to Claim 19, Xiao discloses an eyewear (spectacles; [0017]; fig. 1-12) that comprises an eyewear frame (spectacle frame; [0031]) of claim 1, an eyewear device that comprises an eyewear frame (spectacle frame; [0031]) of claim 1, or an eyewear system that comprises an eyewear device that comprises an eyewear frame (spectacle frame; [0031]) of claim 1.
With respect to Claim 20, Xiao discloses a kit (magnetic locker for connecting members of spectacle frame, used in changeable frames, temples, end-pieces, hinges, and bridge, with adjustable feature; [0007] & [0013]) that comprises: an eyewear frame (spectacle frame; [0031]) of claim 1, an eyewear (spectacles; [0017]; fig. 1-12) that comprises an eyewear frame (spectacle frame; [0031]) of claim 1, or an eyewear device that comprises an eyewear frame (spectacle frame; [0031]) of claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Ringle et al. US 20190086687 A1 discloses modular eyewear similar to that of the claimed invention. Perry et al. US 20210364820 A1 discloses interchangeable eyewear similar to that of the claimed invention. Power US 8025396 B1 discloses a magnetic eyewear latch mechanism similar to that of the claimed invention. Zelazowski US 20070132942 A1 discloses screwless magnetic eyewear similar to that of the claimed invention. Artusi et al. US 20230029397 A1 discloses a device for fixing component parts of frames for spectacles and spectacles including the fixing device similar to that of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to K MUHAMMAD whose telephone number is (571)272-4210. The examiner can normally be reached Monday - Thursday 1:00pm - 9:30pm EDT.
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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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/K MUHAMMAD/Examiner, Art Unit 2872 05 November 2025
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872