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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Hou US Patent Application Publication 2014/0125941 in view of Prince US Patent 3,721,490.
Regarding claim 1 Hou discloses a side cover fixed spectacle frame structure (title e.g. figures 1-5 ), which mainly comprises a spectacle frame (e.g. frame 11) and two side cover (e.g. shields 2), wherein the spectacle frame has two corresponding pivot seats arranged on both sides thereof (e.g. pivotal portions 112), and the two temples (e.g. temples 12) pivoted to each other with the pivot seats (e.g. see figures 1-5), wherein each of the pivot seats has an upper embedding groove (e.g. upper lower retaining groove 125) and a lower embedding groove (e.g. lower retaining groove 126) correspondingly recessed at an upper end and a lower end thereof (e.g. see figure 1), wherein each of the side covers has an assembly base correspondingly provided at one of the pivot seats of the spectacle frame (e.g. coupling portion 21), and a shielding piece (e.g. lower shielding portion 22) extending and protruding from a lower end of the assembly base (e.g. see figure 1) for shielding (axiomatic), wherein the assembly base has a receiving groove (e.g. coupling groove 211) formed on an inner side thereof (e.g. see figure 1) for the pivot seat to be received (e.g. see figures 1-5), an upper embedding portion (e.g. hook 217 on upper buckle member 215) and a lower embedding portion (e.g. 217 on lower buckle member 216), wherein the upper embedding portion is embedded in the upper embedding groove (e.g. see figure 6), and the lower embedding portion is embedded in the lower embedding groove (e.g. see figure 6).
Hou does not disclose a positioning hole provided on a side wall of the lower embedding groove and protruding formed on an upper end and a lower end of the receiving groove of the assembly base, and a positioning protrusion that is capable of being embedded and positioned protruding from the lower embedding portion corresponding to the positioning hole opened in the side wall of the lower embedding groove.
Prince teaches similar side cover fixed spectacle frame structure (title e.g. figures 3-7) and further includes a positioning hole (e.g. 46) and a positioning protrusion (e.g. 28column 3 lines 47-61 discusses a slidable self-locking attachment means) for the purpose of preventing subsequent separation if the two parts (abstract). Therefore, it would be it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the side cover fixed spectacle frame structure as disclosed by Hou to include a locking means including a hole and a protrusion as taught by Prince for the purpose of preventing subsequent separation if the two parts.
Regarding the locking means being disposed in the lower groove – there are a limited number of appropriate surface interfaces that would allow the locking means taught by Prince and it has been held that where there are only a finite number of predictable identifiable solutions, it would have been obvious to a person of ordinary skill in the art to try the known options within his or her technical grasp. See KSR International Co. v Teleflex Inc., 82 USPQ2d 1385 (2007) and MPEP 2143. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the side cover fixed spectacle frame structure as disclosed by the combination of Hou as modified by Prince to position the locking means as claimed since there are a limited number of appropriate surface interfaces that would allow the locking means to function and it would have been obvious to a person of ordinary skill in the art to try the known options within his or her technical grasp.
Regarding claim 2 the combination of Hou as modified by Prince discloses the side cover fixed spectacle frame structure as claimed in claim 1, as set forth above. Hou further discloses wherein the shielding piece also extends and protrudes from an upper end of the assembly base for shielding (e.g. upper shielding portion 23).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chang international patent publication WO 01/51983, in regards to a similar eye shield, see figure 5.
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/George G. King/Primary Examiner, Art Unit 2872 January 4, 2026