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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "35" and "36" have both been used to designate “bridge region” and “first rod”. 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. 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
Claim 17 objected to because of the following informalities: line 4 of claim 17 recites “installing he one of the …” and should corrected as “installing the one of the…”. 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) 1-3, 5-8, 16, 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiang US 2002/0080325.
Regarding claim 1, Xiang teaches an eyewear assembly (see at least Fig. 1) comprising:
primary lenses (Fig. 1 and para 0018: lenses 32 are primary lenses);
secondary lenses (Fig. 1 and para 0020: lenses 30 are secondary/auxiliary lenses);
a connector assembly detachably securing the primary lenses and the secondary lenses to one another (para 0021 and Figs.1-5: teaches magnetic attachment system that detachably secures primary lenses 32 to the auxiliary lenses 30);
wherein the connector assembly comprises:
a magnetic member (magnet 24) provided in one of the primary lenses and the secondary lenses (as shown in Fig. 5: magnet 24 is provided in auxiliary lenses 30); and
a non-magnetic member (metal head 42) provided in the other of the primary lenses and the secondary lenses (see para 0020: metal head screw 42 is provided on the primary lens 32).
Regarding claim 2, Xiang teaches the eyewear assembly according to claim 1, wherein the non-magnetic member is comprised of a material which is attractable to the magnetic member (see para 0020 and Fig. 3-5: magnet 24 attracted by head screw 42 in order to attach primary lens 32 with auxiliary lens 30).
Regarding claim 3, Xiang further teaches the eyewear assembly according to claim 2, wherein the material is a metal (see para 0020: “In one preferred embodiment, the screw is an iron-chromium carbon metal composite”).
Regarding claim 5, Xiang further teaches the eyewear assembly according to claim 1, wherein a region of the magnetic member extends outwardly beyond a surface of an associated lens of the one of the primary lenses and the secondary lenses (Fig. 4 and para 0021: discloses that the magnetic member may be positioned within magnet holders or sleeves having laterally and peripherally extending ledges 46, such ledges function as axial stops that position the magnetic member at the aperture opening of the auxiliary lens, i.e., a region of the magnetic member extends outwardly beyond the surface of the lens).
Regarding claim 6, Xiang teaches the eyewear assembly according to claim 1, wherein a region of the non-magnetic member extends outwardly beyond a surface of an associated lens of the other of the primary lenses and the secondary lenses (as shown in Fig. 3 and 4: screw head 42 extends outwardly beyond the surface of lens 32).
Regarding claim 7, Xiang teaches the eyewear assembly according to claim 1, wherein, when the secondary lenses are operatively engaged with the primary lenses, an end surface of the magnetic member in the one of the primary lenses and the secondary lenses contacts an end surface of the non-magnetic member in the other of the primary lenses and the secondary lenses (see Fig. 3: magnet 24 and head screw 42 are in contact in order to attach primary lens 32 with auxiliary lens 30).
Regarding claim 8, Xiang teaches the eyewear assembly according to claim 7, further comprising a space defined between an outer surface of the lens of the primary lenses and an inner surface of the lens of the secondary lenses (see annotated figure 3 below).
[AltContent: textbox (Space defined between primary lens 32 and auxiliary lens 30)][AltContent: arrow]
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Regarding claim 15, Xiang teaches the eyewear assembly according to claim 1, wherein an aperture extends between an outer surface and an inner surface of the lens of the secondary lenses, wherein the aperture is located a distance inwardly away from a peripheral edge of the lens of the secondary lenses, and wherein the other of the magnetic member and the non-magnetic member is received in the aperture.
[AltContent: textbox (Aperture 28 is inwardly away from peripheral edge of lenses 30)][AltContent: arrow][AltContent: textbox (As shown below, aperture 28 is receives magnet sleeve 26 which retains magnet 24, similarly aperture 28 is located distance away from the peripheral/circumference of lens 30)][AltContent: arrow]
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Regarding claim 16, Xiang teaches a method comprising: providing primary lenses including at least one eyeglass lens; providing secondary lenses including at least one sunglass lens; providing a magnetic member; providing a non-magnetic member; installing one of the magnetic member and the non-magnetic member on the at least one eyeglass lens; installing the other of the magnetic member and the non-magnetic member on the at least one sunglass lens; attracting the non-magnetic member to the magnetic member; and retaining the secondary lenses to the primary lenses (the steps recited in claim 16 is merely describe the inherent method of assembling and using the magnetic eyewear system disclosed in Xiang, accordingly, the method of claim 16 is anticipated by Xiang).
Regarding claim 18, Xiang teaches the method according to claim 16, further comprising: moving the secondary lenses and primary lenses into close proximity with one another; and aligning the magnetic member in the one of the primary lenses and the secondary lenses with the non-magnetic member in the other of the primary lenses and the secondary lenses (see Fig. 3: the auxiliary lenses are attached to the primary frame).
Regarding claim 19, Xiang teaches the method according to claim 18, further comprising bringing the magnetic member and the non-magnetic member into direct contact with one another (see Fig. 3: the auxiliary lenses are attached to the primary frame with the help of magnet 24 and non-magnetic 42).
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen US 6,655,799.
Regarding claim 1, Chen teaches an eyewear assembly (see at least Fig. 5) comprising:
primary lenses (Fig. 5: lenses 16 and 18 are primary lenses);
secondary lenses (Fig. 5: lenses 26 and 28 are secondary/auxiliary lenses);
a connector assembly detachably securing the primary lenses and the secondary lenses to one another (col. 5 lines 22-51 and Fig. 5: teaches magnetic attachment system that detachably secures the clip-on lenses 26/28 to the base lenses 16/18);
wherein the connector assembly comprises:
a magnetic member (magnet 30) provided in one of the primary lenses and the secondary lenses (as shown in Fig. 5: magnet 30 is provided in auxiliary lenses 26/28); and
a non-magnetic member (ferromagnetic head 34) provided in the other of the primary lenses and the secondary lenses (see col. 5 lines 22-37 and Fig. 5: ferromagnetic head/studs 34 provided on the primary lenses 16/18, i.e., ferromagnetic materials are such as iron, nickel and cobalt that exhibit strong magnet attraction).
Regarding claim 2, Chen teaches the eyewear assembly according to claim 1, wherein the non-magnetic member is comprised of a material which is attractable to the magnetic member (see col. 2 lines 6-8: “an attraction between the ferromagnetic studs and the lenses having magnetic elements contained therein”).
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.
Claim(s) 4 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiang as applied to claim 3 above, and further in view of Smith US 2008/0088791.
Regarding claim 4, Xiang teaches the eyewear assembly according to claim 3, except for wherein the metal is stainless steel. However, as discussed see col. 2 lines 6-8: Chen teaches an attraction between the ferromagnetic studs and the lenses having magnetic elements contained therein, i.e., magnetic attachment system for detachably securing secondary lenses to primary lenses using magnets and ferromagnetic metal members), Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to form the ferromagnetic metal member of stainless steel, as stainless steel is a well-known and commonly used metal in eyewear components due to its corrosion resistance, durability, and suitability for magnetically attractable hardware. The selection of stainless steel represents a routine and predictable choice of material that does not result in any unexpected technical effect and therefore does not impart patentable distinction.
In any event, Smith discloses magnetic attachment system for securing auxiliary eyewear where the non-magnetic ferromagnetic material is made of stainless-steel material (see para 0097 and 0194: “It includes any ferromagnetic and ferrimagnetic materials, such as, but not limited to, rare earth magnets (e.g. micromagnets as described herein), steels, stainless steels”). Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to form the ferromagnetic metal member of stainless steel, as stainless steel is a well-known and commonly used metal in eyewear components due to its corrosion resistance, durability, and suitability for magnetically attractable hardware.
Regarding claim 20, Xiang teaches the method according to claim 16, except for wherein providing the non-magnetic member includes providing a rod of stainless steel capable of being attracted to a magnet.
In any event, Smith discloses magnetic attachment system for securing auxiliary eyewear where the non-magnetic ferromagnetic material is made of stainless-steel material (see para 0097 and 0194: “It includes any ferromagnetic and ferrimagnetic materials, such as, but not limited to, rare earth magnets (e.g. micromagnets as described herein), steels, stainless steels”). Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to form the ferromagnetic metal member of stainless steel, as stainless steel is a well-known and commonly used metal in eyewear components due to its corrosion resistance, durability, and suitability for magnetically attractable hardware.
Claim(s) 9-13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiang as applied to claim 3 above, and further in view of Rattelade US 2017/0315383.
Regarding claim 9, Xiang teaches the eyewear assembly according to claim 1, and Xian further teaches an eyewear assembly including primary lenses and secondary lenses detachably secured by magnetic and non-magnetic members received in apertures or recesses associated with the lenses and/or frame (see para 0021 and Figs. 4-5). However, Xiang fails to teach wherein a notch originates in a peripheral edge of the lens of the primary lenses and the one of the magnetic member and the non-magnetic member is received in the notch.
In the same field of endeavor, Rattelade discloses eyewear lenses having notches originating in peripheral edges of the lenses, wherein attachment members are received in the notches to secure auxiliary components to the primary lenses (see Figs. 7, 9 and 10: notch 134/ 234 formed on the edge of lens 218e). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the eyewear assembly of Xiang such that the magnetic member or the non-magnetic member is received in a notch originating in a peripheral edge of the primary lens as taught by Rattelade, in order to facilitate assembly, accommodate lens curvature, reduce material removal and provide a predictable and affective attachment structure.
Regarding claim 10, the combination of Xiang and Rattelade teaches the eyewear assembly according to claim 9, and Rattelade further teaches wherein the notch extends between an outer surface and an inner surface of the lens of the primary lenses (as shown in Figs. 7, 9 and 10: notch 134/234 extends between the inner and outer lenses 128e/218e).
Regarding claim 11, the combination of Xiang and Rattelade teaches the eyewear assembly according to claim 9, and Rattelade further teaches wherein a region of a wall of the lens which defines the notch is complementary in configuration to a portion of a circumferential surface of the one of the magnetic member and the non-magnetic member received in the notch (as shown in Fig. 9: notch 234 is complementary to and magnet 256).
Regarding claim 12, the combination of Xiang teaches the eyewear assembly according to claim 9, and Xiang teaches further comprising a securement mechanism provided on the primary lenses, wherein the securement mechanism retains the one of the magnetic member and the non-magnetic member in the notch (Xiang teaches magnet holder, sleeves, and ledge that retain magnetic/non-magnetic members in recesses, which constitute a securement mechanisms (Figs. 4-5), while Rattelade teaching forming such recesses as notches in peripheral edges of lenses (Fig. 9)).
Regarding claim 13, the combination of Xiang teaches the eyewear assembly according to claim 12, wherein the securement mechanism comprises a portion of a frame of the primary lenses (as discussed with respect to claim 12, Xiang discloses magnet holders, sleeves, and lodges that retain magnetic or non-magnetic members in opening associated with eyewear lenses, which constitute a securement mechanism), and Rattelade further discloses eyewear assemblies in which portions of a frame overlap lens edges and retain attachment members positioned at the lens periphery (at least in Fig. 9). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to implement the securement mechanism of Xiang as a portion of the frame of the primary lens, as taught by Rattelade, in order to simplify construction, reduce part count, and provide robust retention of the member received in the notch.
Regarding claim 17, the combination of Xiang teaches the method according to claim 16, further comprising: except for defining a notch in the at least one eyeglass lens; defining an aperture in the at least one sunglass lens; installing he one of the magnetic member and the non-magnetic member in the notch defined in the at least one eyeglass lens; and installing the other of the magnetic member and the non-magnetic member in the aperture defined in the at least one sunglass lens.
Rattelade further discloses forming a notch originating in a peripheral edge of an eyeglass lens and installing an attachment member in the notch (see Fig. 9). Accordingly, it would have been obvious to one of ordinary skill in the art to modify the method of Xiang to include defining a notch in the eyeglass lens and installing one of the magnetic member or the non-magnetic member in the notch, as taught by Rattelade while installing the other member in an aperture of the sunglass lens, in order to facilitate assembly, accommodate lens geometry, and provide a predictable and effective attachment arrangement.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiang and Rattelade as applied to claim 12 above, and further in view of Lam et al. US 2012/0099074.
Regarding claim 14, the combination of Xiang and Rattelade teaches the eyewear assembly according to claim 12, except for wherein the securement mechanism comprises a length of a nylon wire provided on the primary lenses.
Lam teaches that a rim wire used to retain eyewear lenses can be fishing wire (e.g., nylon cord), i.e., nylon wire retention element (see para 0031). Accordingly, it would have been obvious to one of ordinary skill in the art to implement the securement mechanism retaining the member in the lens-edge notch as a length of nylon wire, as taught by the nylon core/wire retention element of Lam in order to support by nylon monofilament mounting systems routed along the lens-edge grooves.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EPHREM ZERU MEBRAHTU whose telephone number is (571)272-8386. The examiner can normally be reached 10 am -6 pm (M-F).
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/EPHREM Z MEBRAHTU/Primary Examiner, Art Unit 2872