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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/28/2024 and 4/29/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 8, the claim states “the temple or the end piece” which appears to be a typographical error because the claim initially recites in lines 3 and 4, a “pair of end pieces” and a “pair of temples.” For examination purposes the assumed meaning is “the pair of temples” and “the pair of end pieces.” Appropriate correction is required.
Claim 2 is objected to because of the following informalities: in line 3, the claim states “height method” which appears to be an in advertent typographical error. For examination purposes the assumed meaning is “height direction.” Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2, 11, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsubota (20200229973) hereafter Tsubota.
Regarding claims 1 and 11, Tsubota discloses in figs 1-7 the eyewear comprising: a front (fig. 4, the front of element 3 as the claimed “front”); a pair of end pieces (fig. 4, par. [0058], lines 5-8, element 4 as the claimed “end pieces”) disposed at both ends of the front (see fig. 4, note element 4 is on the left end and right end of the frame 3); a pair of temples (6) respectively connected to the pair of end pieces (fig. 4, par. [0058], lines 5-8); and a cartridge (1 or 31) having a raw material containing portion (11) that contains a raw material (fig. 4, par. [0066], lines 1-7), a spray element (16) that uses the raw material to spray a mist (par. [0061], lines 1-5), and a control circuit substrate (par. [0065], lines 1-5, par. [0126], line 6) that controls the spray element (16), the cartridge (1 or 31) being detachably connected (par. [0019], lines 2-3, par. [0070], lines 5-12) to the pair of temples or the pair of end pieces (fig. 6, par. [0070], lines 10-12).
Regarding claims 2 and 12, Tsubota discloses the eyewear according to claim 1, wherein the cartridge (1 or 31) includes a main body containing portion (seen in fig. 6 and 8, the portion of the container where elements 11 and 16 are contained as the claimed “main body”) having a width direction, a height direction, and a depth direction, and the width direction serves as a longitudinal direction (see fig 6 and 8, clearly depicts the main body having a width, length, and depth direction), and the main body containing portion includes a first containing area (the area where element 11 is located as the claimed “first containing area”) in which the raw material containing portion (11) is configured and a second containing area (the areas where element 16 is located as the claimed “second containing area”) in which the spray element (16) is contained, and the first containing area and the second containing area are arranged side by side in the depth direction (fig. 6, 8, par. [0070][0081], par. [0083], lines 10-15).
Allowable Subject Matter
Claims 3-10, 13, and 14 are 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Regarding claim 3, the prior art does not disclose the claimed eyewear specifically including as the distinguishing features in combination with the other limitations the claimed “wherein the main body containing portion includes a third containing area in which the control circuit substrate is contained, and the first containing area or the second containing area, and the third containing area are arranged side by side in the width direction.”
Regarding claim 4 (and its dependents), the prior art does not disclose the claimed eyewear specifically including as the distinguishing features in combination with the other limitations the claimed “wherein the cartridge is connected along a longitudinal direction of the temple, and the cartridge is detachable when the temple is folded with respect to the front, while being undetachable when the temple is unfolded with respect to the front.”
Regarding claim 10, the prior art does not disclose the claimed eyewear specifically including as the distinguishing features in combination with the other limitations the claimed “ wherein the cartridge includes a terminal to be connected to a power source provided in a portion of the eyewear except for the cartridge, and the terminal is electrically disconnected from the power source when the temple is folded with respect to the front, while being electrically connected to the power source when the temple is unfolded with respect to the front.”
Regarding claim 13, the prior art does not disclose the claimed eyewear specifically including as the distinguishing features in combination with the other limitations the claimed “wherein the main body containing portion includes a third containing area in which the control circuit substrate is contained, and the third containing area, and the first containing area or the second containing area, are arranged side by side in the width direction.”
Regarding claim 14, the prior art does not disclose the claimed eyewear specifically including as the distinguishing features in combination with the other limitations the claimed “a terminal to be connected to a power source provided on an eyewear side, wherein the terminal is electrically disconnected from the power source when the temple is folded with respect to a front of the eyewear, while being electrically connected to the power source when the temple is unfolded with respect to the front.”
Conclusion
Tanaka (20150077696) is being cited herein to show a reference that discloses some similar features to that of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES JONES whose telephone number is (571)270-1278. The examiner can normally be reached 7:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES C. JONES/Primary Examiner, Art Unit 2872
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