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.
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 2007/0033718) in view of Chen (US 2007/0234526). The device of Lin teaches,
With respect to claim 1,
A goggle lens replacement structure, comprising:
a spectacle frame (10), a spectacle lens (20) , and a positioning device (30),
wherein the spectacle frame comprises a through-hollow lens assembly hole (Figure 2) formed at a front end thereof, wherein the lens assembly hole comprises a limiting convex portion (131) protruding on one side, and an embedding convex portion (172, 173) protruding on the other side;
the spectacle lens (20) is arranged corresponding to the lens assembly hole of the spectacle frame (Figure 2), so that the spectacle lens is capable of being installed in the lens assembly hole (Figure 1), wherein the spectacle lens comprises an embedded hole (221, Figure 2a) provided on one side thereof corresponding to the limiting convex portion (131) of the lens assembly hole,
and a fitting portion (172, 173) arranged on the other side of the spectacle lens (Figure 2, right side); the positioning device (20) is combined and fixed with the fitting portion (172, 173) of the spectacle lens, wherein the positioning device has a slotted hole disposed thereon (areas between element 34) corresponding to the embedding convex portion of the lens assembly hole of the spectacle frame (Figure 2),
The device of Lin substantially discloses the claimed invention but is lacking a movable element in the slotted hole.
The device of Chen teaches a fitting portion (922) arranged on a spectacle lens (92); The positioned device (10) is combined and fixed with the fitting portion (172, 173) of the spectacle lens, wherein the positioning devices has a slotted hole (160) disposed thereon corresponding to the embedding convex portion (942) of the lens assembly holes (in combination) of the spectacle frame;
and a movable element (20)movable in the slotted hole (Figure 1), so that the movable element is capable of being pushed by a user to move in the slotted hole, wherein the movable element (20) has an embedding protrusion protrudes formed a side thereof toward the outside of the slotted hole (24, 26), corresponding to the embedding convex portion, and capable of being engaged with each other (figure 2a).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the moveable element taught by Chen in order to provide a more secure connection (para 0033).
With respect to claim 4, wherein the spectacle frame (20) comprises a resisting portion (192) formed at a middle lower end edge corresponding to the lens assembly hole, so that the spectacle lens (21) abuts a front end of the resisting portion (Figure 1).
Allowable Subject Matter
Claims 2, 3, and 5 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892
Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 5712725559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732