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 § 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glass (6074059) hereafter Glass.
Regarding claims 1, 13, and 15 Glass discloses an eyewear frame comprising: a first frame member (52) defining at least one lens portion formed from flexible material (col. 3, lines 9-11), the at least one lens portion defining at least one opening (51) configured to receive any lens of a plurality of lenses (10); and at least one second frame member (54) coupled to the first frame member (52), the at least one second frame member (54) configured for removably securing the first frame member to a user (col. 3, lines 1-15).
Regarding claim 2 and 14, Glass discloses the eyewear frame of claim 1, wherein the at least one lens portion is configured to conform to any of the plurality of lenses positioned within the at least one lens portion to secure the lens within the first frame member (fig. 1, col. 3, lines 9-45).
Regarding claim 3, Glass discloses the eyewear frame of claim 1, wherein the at least one lens portion takes a shape of a lens of the plurality of lenses that is positioned within the at least one lens portion (fig. 1, col. 3, lines 9-45).
Regarding claim 4, Glass discloses the eyewear frame of claim 1, wherein the at least one lens portion defines a recess (62) along an interior perimeter of the at least one lens portion for releasably securing a lens of the plurality of lenses within the at least one lens portion (fig. 5, col. 3, lines 19-45)).
Regarding claim 5, Glass discloses the eyewear frame of claim 1, wherein the at least one lens portion has an interior perimeter that is the same or less than a perimeter of each of the plurality of lenses prior to positioning a lens of the plurality of lenses therein (fig. 5, col. 3, lines 19-65).
Regarding claim 6, Glass discloses the eyewear frame of claim 1, wherein the at least one lens portion is configured to expand when a lens of the plurality of lenses is placed within the at least one lens portion (fig. 5, 6, col. 3, line 19- col. 4, line 10).
Regarding claim 7, Glass discloses the eyewear frame of claim 1, wherein the at least one lens portion comprises a first lens portion and a second lens portion that are spaced apart relative to one another (fig. 5, 6, col. 3, line 19- col. 4, line 10).
Regarding claim 8, Glass discloses the eyewear frame of claim 1, wherein the at least one lens portion comprises a single lens portion that extends a width of the first frame member(fig. 1, 5, 6, col. 3, line 19- col. 4, line 10).
Regarding claim 9, Glass discloses the eyewear frame of claim 1, wherein the plurality of lenses comprises a lens having a substantially round shape(fig. 1, 5, 6, col. 3, line 19- col. 4, line 10).
Regarding claim 10, Glass discloses the eyewear frame of claim 1, wherein the plurality of lenses (10) comprises a lens having an irregular shape (col. 4, lines 10-20).
Regarding claim 11, Glass discloses the eyewear frame of claim 1, wherein the at least one second frame member (54) comprises a first arm and a second arm (fig. 1, col. 3, lines 1-5).
Regarding claim 12, Glass discloses the eyewear frame of claim 1, wherein the at least one second frame member comprises a headband (col. 3).
Regarding claim 16, Glass discloses the method of claim 15, further comprising: positioning the first frame member on a user's face; and securing the first frame member on the user's face using the at least one second frame member (fig. 1, col. 1, lines 4-7, 55-60 and col. 3).
Regarding claim 17, Glass discloses the method of claim 15, wherein the at least one lens portion defines a recess along an interior perimeter of the at least one lens portion, and positioning the lens within the at least one lens portion comprises positioning the lens within the recess (fig. 1, 5, 6 and col. 3).
Regarding claim 18, Glass discloses the method of claim 15, wherein positioning the lens within the at least one lens portion comprises securing the lens within the at least one lens portion utilizing a friction-type fit (fig. 1, 5, 6, col. 3 and col. 4).
Regarding claim 19, Glass discloses the method of claim 15, wherein the at least one lens portion conforms to a shape of the lens (fig. 1, col. 3 and col. 4, lines 10-20).
Regarding claim 20, Glass discloses the method of claim 15, further comprising: removing the lens; and positioning a different lens within the at least one lens portion ( fig. 1, col. 2, lines 60-67, and col. 3).
Conclusion
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