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 .
Election/Restrictions
Claims 11-19, 26, and 28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II comprising Claims 1, 11-16, and 26, Group III comprising Claims 1, and 17-19, and Group IV comprising Claim 28, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05 February 2026.
Applicant’s election without traverse of Group I comprising Claims 1-10, 20, 25, and 27 and Species I (Fig. 1) in the reply filed on 05 February 2026 is acknowledged. Examiner notes that elected Species I (Fig. 1) does not include several features (e.g., mounting rail, power source coupled to a helmet, a location or device on or proximate a user wearing the anti-condensation protective eyewear, etc.) of non-elected Species IV, drawn to Figure 5.
Drawings
The drawings are objected to because the elected Species I (Fig. 1) does not illustrate several features (e.g., mounting rail, power source coupled to a helmet, a location or device on or proximate a user wearing the anti-condensation protective eyewear, etc.) of non-elected Species IV, drawn to Figure 5, despite these features being recited in the claims.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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 1-10, 20, 25, and 27 are objected to because of the following informalities:
Claims 1 and 20 recites the limitation "the periphery" in line 3 of Claim 1 and line 2 of Claim 20. There is insufficient antecedent basis for this limitation in the claims.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(d) and 112(b)
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.
Claim 3 is 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 3 is not further liming because it broadens, rather than narrows the coupling location requirement for the one or more thermoelectric cooling modules recited in Claims 1 and 2. Claim 2 recites “wherein the one or more thermoelectric cooling modules are coupled to the top surface” which is further limiting than Claim 3’s recitation of “wherein the one or more thermoelectric cooling modules are coupled to at least one of the top surface and the first side surface and the second side surface.” The phrase “at least one of” permits coupling to either only the top surface, only the first side surface, only the second side surface, or any combination of those surfaces. Thus, Claim 3 encompasses embodiments where the modules are not coupled to the top surface at all which would not satisfy Claim 2. Since Claim 3 is dependent on Claim 2 and broadens the scope of the present application, Claim 3 is rejected for failing to further limit the subject matter of Claim 2, pursuant § 112(d). Since the scope of the claim cannot be ascertained, Claim 3 is also 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 regards as the invention.
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 § 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 1-4, 6, 9, 25, and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shantha et al. US 20110299027 A1 (herein after "Shantha").
With respect to Claim 1, Shantha discloses an anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) comprising:
a lens (pair of lenses 112; [0014]) having an outer periphery (outer periphery of lenses 112 as seen in fig. 6), an inner surface (cooling region around user’s eyes; [0014], [0019]; inner surface facing user's eyes as seen in fig. 6), and an outer surface (cooling region around user’s eyes; [0014], [0019]; outer surface facing away from user's eyes as seen in fig. 6);
a sidewall structure (side shields 140; [0019]) coupled to the periphery of the lens (side shields 140 coupled to periphery of lenses 112; fig. 6), the sidewall structure (side shields 140; [0019]) having an inner surface and an outer surface (side shields 140 having inner and outer surfaces on temples of frame 105; [0014] and [0018]; fig. 6); and
one or more thermoelectric cooling modules (Peltier chips 110; [0019]) coupled to the sidewall structure (side shields 140; [0019]) (side shields 140; [0019]; fig. 6), each thermoelectric cooling module of the one or more thermoelectric cooling modules (Peltier chips 110; [0019]) (Peltier chips 110; [0019]) comprising:
a cooling surface disposed on a first side (cooled surface of Peltier chips 110, switch 120 provided to control cooling and heating properties of the chips, Peltier chips 110 energized and produce cooling region around user’s eyes; [0014], [0019]; left side of frame 105 as seen in fig. 6) of the thermoelectric cooling module (Peltier chips 110; [0019]); and
a heating surface disposed on a second side (heated surface of Peltier chips 110, switch 120 provided to control cooling and heating properties of the chips; [0014]; right side of frame 105 as seen in fig. 6), opposite the first side (left side of frame 105 opposite to right side; fig. 6), of the thermoelectric cooling module (Peltier chips 110; [0019]),
wherein the inner surface (side shields 140 having inner and outer surfaces on temples of frame 105; [0014] and [0018]; fig. 6) of the sidewall structure (side shields 140; [0019]) and the inner surface of the lens (cooling region around user’s eyes; [0014], [0019]; inner surface facing user's eyes as seen in fig. 6) form an interior chamber (within side shields 140; [0019]; fig. 6), and
wherein the cooling surface (cooled surface of Peltier chips 110, switch 120 provided to control cooling and heating properties of the chips, Peltier chips 110 energized and produce cooling region around user’s eyes; [0014], [0019]; left side of frame 105 as seen in fig. 6) of each of the one or more thermoelectric cooling modules (Peltier chips 110; [0019]) (Peltier chips 110; [0019]) is disposed within the interior chamber (within side shields 140; [0019]; fig. 6).
With respect to Claim 2, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 1, wherein the sidewall structure (side shields 140; [0019]) includes a top surface (top of side shields 140; as seen in fig. 6), a bottom surface (bottom of side shields 140; fig. 6), a first side surface (left side surface of side shields 140; fig. 6), and a second side surface (right side surface of side shields 140; fig. 6), and wherein the one or more thermoelectric cooling modules (Peltier chips 110; [0019]) are coupled to the top surface (Peltier chips 110 coupled to top surface of side shields 140; left side of cooling and heating eyeglasses 100 has Peltier chips 110 on top of side shields 140 as seen in fig. 6).
With respect to Claim 3, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 2, wherein the one or more thermoelectric cooling modules (Peltier chips 110; [0019]) are coupled to at least one of the top surface (Peltier chips 110 coupled to top surface of side shields 140; left side of cooling and heating eyeglasses 100 has Peltier chips 110 on top of side shields 140 as seen in fig. 6) and the first side surface and the second side surface (right side of cooling and heating eyeglasses 100 has Peltier chips 110 on a right side surface of side shields 140 as seen in fig. 6).
With respect to Claim 4, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 1, wherein the one or more thermoelectric cooling modules (Peltier chips 110; [0019]) includes three or more thermoelectric cooling modules (Peltier chips 110 around the perimeter of lenses 112 and side shields 140 encompassing at least three thermoelectric cooling modules; [0019]; four Peltier chips 110 disposed as seen in fig. 6).
With respect to Claim 6, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 1, further comprising: a thermally conductive element (electrical conductors 115 transmitting energy from battery pack 125 comprising switch 120 for controlling cooling and heating properties of the Peltier chips 110; [0014]; fig. 6) coupled to the cooling surface (cooled surface of Peltier chips 110, switch 120 provided to control cooling and heating properties of the chips, Peltier chips 110 energized and produce cooling region around user’s eyes; [0014], [0019]) and disposed within (electrical conductors 115 coupled to Peltier 110 surfaces and wired within side shields 140; as seen in fig. 6) the interior chamber (within side shields 140; [0019]; fig. 6).
With respect to Claim 9, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 1, wherein the heating surface (heated surface of Peltier chips 110, switch 120 provided to control cooling and heating properties of the chips; [0014]) of each of the one or more thermoelectric cooling modules (Peltier chips 110; [0019]) is coupled to the outer surface (side shields 140 having inner and outer surfaces on temples of frame 105; [0014] and [0018]; fig. 6) of the sidewall structure (side shields 140; [0019]) and is exterior (side shields 140 provided with Peltier chips 110 to further control the temperature especially around the user's eyes, external to the side shields 140; [0004]; fig. 6) to the interior chamber (within side shields 140; [0019]; fig. 6).
With respect to Claim 25, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 1, wherein the one or more thermoelectric cooling modules (Peltier chips 110; [0019]) extend through (plurality of Peltier chips 110 around a perimeter, extending throughout the side shields 140; [0014; fig. 6) the sidewall structure (side shields 140; [0019]).
With respect to Claim 27, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 1, wherein heat generated by the heating surface (heated surface of Peltier chips 110, switch 120 provided to control cooling and heating properties of the chips; [0014]) of at least one of the one or more thermoelectric cooling modules (Peltier chips 110; [0019]) is configured to be transferred to a location or device on or proximate a user (reversing polarity of electrical energy causes Peltier chips to heat instead of cool, so a user is provided with a selector switch that would switch between cool and heat; [0022]) wearing the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6).
Claim Rejections - 35 USC § 103
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 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Shantha et al. US 20110299027 A1 (herein after "Shantha") in view of Clement US 20130160195 A1.
With respect to Claim 5, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 1, the one or more thermoelectric cooling modules (Peltier chips 110; [0019]) being electrically coupled and receiving power (electrical energy transmitted to Peltier chips 110 from battery pack 125; [0014], [0021]; fig. 6).
Shantha does not appear to explicitly teach the following limitation(s): wherein the one or more thermoelectric cooling modules are configured to be electrically coupled to a mounting rail such that the one or more thermoelectric cooling modules receive power from the mounting rail.
However, in the same field of endeavor, Clement teaches clearing fog/particles in goggles, masks, and helmets (figs. 1-5), wherein a helmet 22 comprises lens 30 of an eyewear 24 and a fan unit 10, wherein the fan unit 10 is electrically coupled to a battery unit 12 disposed on an attachment point 28 of helmet 22, so the fan unit 10 receives power from the battery unit 12 disposed on the attachment point 28 and forms assembly 40, 48 ([0018-20]; fig. 5). Clement further teaches an air outlet hose 16 attached to the fan unit 10 (as seen in fig. 5; [0020]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cooling and heating eyeglasses of Shantha to include the technical features of combining eyewear with electrical and thermal components within headwear devices, for the purpose of removing particles from the inside of eyewear while also removing and preventing fogging of a lens system, as taught by Clement ([0020]).
With respect to Claim 10, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 1, wherein the one or more thermoelectric cooling modules (Peltier chips 110; [0019]) are in electrical communication (via transmission of electrical energy to Peltier chips 110; [0014]; fig. 6) with a power source (battery pack 125; [0021]; fig. 6).
Shantha does not appear to explicitly teach the following limitation(s): a power source coupled to a helmet.
However, in the same field of endeavor, Clement teaches clearing fog/particles in goggles, masks, and helmets (figs. 1-5), wherein a helmet 22 comprises lens 30 of an eyewear 24 and a fan unit 10, wherein the fan unit 10 is electrically coupled to a battery unit 12 disposed on an attachment point 28 of helmet 22, so the fan unit 10 receives power from the battery unit 12 disposed on the attachment point 28 and forms assembly 40, 48 ([0018-20]; fig. 5). Clement further teaches an air outlet hose 16 attached to the fan unit 10 (as seen in fig. 5; [0020]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cooling and heating eyeglasses of Shantha to include the technical features of combining eyewear with electrical and thermal components within headwear devices, for the purpose of removing particles from the inside of eyewear while also removing and preventing fogging of a lens system, as taught by Clement ([0020]).
Claims 7-8, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shantha et al. US 20110299027 A1 (herein after "Shantha") in view of embodiments of McCabe US 20180052319 A1.
With respect to Claim 7, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 1, and the sidewall structure (side shields 140; [0019]).
Shanta does not appear to explicitly teach the following limitation(s): wherein the sidewall structure is at least partially comprised of a flexible material.
However, in the same field of endeavor, McCabe teaches laminated lenses with anti-fogging functionality (figs. 1a-5b), comprising a lens configuration 100 utilized in a helmet 1300, wherein the helmet 1300 comprises an adapter module 1310 made from rubber with side straps attached to an eyewear 1320 ([0071], [0108]; fig. 3a). McCabe further teaches a top portion 1322 of eyewear 1320 also being made from rubber ([0108]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cooling and heating eyeglasses of Shantha to include the technical feature of selecting a rubber or flexible material to be utilized within a module adapted to a lens and/or goggle configuration of eyewear, for the purpose of providing a material that is displaceable, compressible, and/or deflectable for adjustability advantages within an eyewear system, as taught by McCabe ([0108]). Furthermore, it has been held that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art. See Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). See also MPEP § 2144.07.
With respect to Claim 8, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 1, and the heating surface (heated surface of Peltier chips 110, switch 120 provided to control cooling and heating properties of the chips; [0014]) of each of the one or more thermoelectric cooling modules (Peltier chips 110; [0019]).
Shantha does not appear to explicitly teach the following limitation(s): further comprising a heat sink coupled to the heating surface.
However, in the same field of endeavor, McCabe teaches laminated lenses with anti-fogging functionality (figs. 1a-5b), comprising a lens configuration 100, 150 utilized in goggles 250, spectacles 118, or helmet 1300, wherein the lens configuration comprises an anti-fog layer 112 that provides an activated surface to absorb moisture from the air disposed between the posterior surface of the lens and the wearer ([0060], [0073], [0077]; fig. 1c). McCabe further teaches an electrically conductive layer 128 made from a transparent conductor such as indium tin oxide ([0080]; fig. 1c).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cooling and heating eyeglasses of Shantha to include the technical feature of providing a passive thermal management element within an eyewear, for the purpose of reducing the humidity of air situated between an eyewear and a face of a wearer and also providing a desired amount of joule heating within an eyewear, as taught by McCabe ([0073], [0080]).
With respect to Claim 20, Shantha discloses the anti-condensation protective eyewear (cooling and heating eyeglasses 100; [0014]; fig. 6) of claim 1, the sidewall structure (side shields 140; [0019]), and the periphery (outer periphery of lenses 112 as seen in fig. 6) of the lens (pair of lenses 112; [0014]).
Shantha does not appear to explicitly teach the following limitation(s): wherein the sidewall structure is a flexible gasket coupled to the periphery of the lens to form a continuous seal between the lens and flexible gasket.
However, in the same field of endeavor, McCabe teaches laminated lenses with anti-fogging functionality (figs. 1a-5b), comprising a lens configuration 100 utilized in goggles 250, wherein the goggles 250 comprise a strap 256 to create an effective seal against a wearer’s face and a frame 254 that is shaped to conform to a wearer’s facial profile ([0071], [0102]; fig. 2c). McCabe further teaches the frame 254 and strap 256 being coupled to an outer periphery of lens 102 (fig. 2c).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cooling and heating eyeglasses of Shantha to include the technical feature of a conformable frame and sealing straps coupled to an outer periphery of a lens within a goggle configuration, for the purpose of accommodating a facial profile and head of a wearer, securing goggles in a location relative to a wearer’s face, and preventing the entrance of water, snow, dirt, and other particles into an enclosed area within the eyewear, as taught by McCabe ([0102]). Furthermore, it has been held that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art. See Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). See also MPEP § 2144.07.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Stamp discloses a heated visor system similar to that of the claimed invention. McCulloch et al. discloses goggles with easily interchangeable lens that is adaptable for heating to prevent fogging substantially 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 20 February 2026
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872