DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-5, 9-10 and 12-14 are 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, or for pre-AIA the applicant regards as the invention.
Regarding claim 4, cited term of “each of the dimmable lenses corresponds to two corresponding ones of the four first wires” (line 3) is vague and renders the claims indefinite. Do applicants mean that “each of the dimmable lenses corresponds to two respectively”?
Claims 5 and 9-10 are rejected as containing the deficiencies of claim 4 through their dependency from claim 4.
Regarding claim 12, cited term of “the first fixing part and the second fixing part correspond one-to-one” (line 3) is vague and renders the claims indefinite. The claim cites “wherein each of both ends of the front frame is provided with a first fixing part, and each of both ends of the rear frame is provided with a second fixing part” (line 1-3), that is, there are two first fixing parts and two second fixing parts. It is unclear that “the first/second fixing part” in line 3 refers to which one of the first/second fixing parts. Same, cited term of “the fastener secures the second fixing part…” (line 7) is vague and renders the claims indefinite. The claim cites “at least two fasteners” (line 5). It is unclear that “the fastener” in line 7 refers to which one of the at least two fasteners. Also see same issue on “the pile head” (line 6).
Claims 13-14 are rejected as containing the deficiencies of claim 12 through their dependency from claim 12.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al (US 7874666).
Regarding Claim 1, Xu teaches a dimmable eyeglasses (abstract; fig. 13) comprising:
a frame (fig. 13, 52a);
a dimmable lens disposed within the frame (fig. 13, 76; abstract, line 1-15, a variable light transmittance; a smart lens, changing the state of the EC polymer varies the light transmittance of the smart lens);
a first temple, hinged to a side of the frame (fig. 13, right temple, 86-hinge);
a second temple, hinged to an opposite side of the frame (fig. 13, left temple with other hinge);
a circuit board, located within the first temple (fig. 13, 58—interface circuit in right temple);
a battery, located within the second temple (fig. 13, 72- battery in left temple); and
an electrical connection component, disposed within the frame, part of which extends into the first temple and the second temple (fig. 13, 76, 58, 72), wherein the dimmable lens and the battery are electrically connected to the circuit board through the electrical connection component (figs. 9-10, --electrical control connections of smart lens (54/76), interface (58) and battery (72)).
Regarding Claim 2, Xu teaches the dimmable eyeglasses of claim 1, wherein
the dimmable lens include two dimmable lens spaced apart from each other within the frame (fig. 13, two 76);
the electrical connection component comprises a first conductive part, a first connecting part, a second conductive part, a second connecting part, and a third conductive part (fig. 13, 76, 58, 72; figs. 9-10, 54/76, 58, 72), the first conductive part extends into the first temple and is electrically connected to the circuit board (fig. 13, 58; figs. 9-10, electric connection to 58); the first connecting part, the second conductive part, and the second connecting part are disposed within the frame (figs. 9-10, electric connections between 58, 72, 54/76); the two dimmable lens are bound to the second conductive part (figs. 9-10, electric connections to 54/76), and the third conductive part extends into the second temple and is electrically connected to the battery (fig. 13, 72; figs. 9-10, electric connections to 72).
Regarding Claim 3, Xu teaches the dimmable eyeglasses of claim 2, wherein
the electrical connection component further comprises one or more first wires (fig. 1B, 28, 30; col. 8, line 30-40, conductors 28 and 30 (such as wires or flexible conductive tapes or foil , as shown in FIG. 1B) can be embedded in the layered EC structure, to facilitate coupling the layered EC structure to a voltage source; --each of lens has two wires connecting to a voltage source (battery)) and one or more second wires (figs. 9-10, 58, 72, --electric connection from 72 to 58);
each of the one or more first wires (fig. 1B, 28/30) extends from the first conductive part through the first connecting part to the second conductive part (figs. 9-10, 54/76, 58, -- electric connection from 58 to 54/76), with a first end of the first wire electrically connected to the circuit board (figs. 9-10, 54/76, 58, -- electric connection to 58) and a second end of the first wire electrically connected to the two dimmable lens (figs. 9-10, 54/76, 58, -- electric connection to 54/76); and
each of the one or more second wires (figs. 9-10, 58, 72, --electric connection from 72 to 58) extends from the first conductive part through the first connecting part, the second conductive part, and the second connecting part to the third conductive part (figs. 9-10, 54/76, 58, 72, -- electric connection from 58 to 72 to 54/76), with a first end of the second wire electrically connected to the circuit board part (figs. 9-10, 54/76, 58, -- electric connection to 58) and a second end of the second wire electrically connected to the battery (figs. 9-10, 54/76, 72, -- electric connection to 72).
Regarding Claim 4, Xu teaches the dimmable eyeglasses of claim 3, wherein
the one or more first wires include four first wires (fig. 1B, 28, 30, -- each of lens has two wires) and the one or more second wires include two second wires (figs. 9-10, 58, 72, --electric power connection from 72 to 58);
each of the dimmable lenses corresponds to two corresponding ones of the four first wires (fig. 1B, 28, 30), with a positive electrode and a negative electrode of the dimmable lens respectively electrically connected to the circuit board through the two corresponding ones of the four first wires (figs. 9-10, 58, 76/54, --electric connection from 76/54 to 58);
a positive electrode of the battery is electrically connected to the circuit board through one of the two second wires, and a negative electrode of the battery is electrically connected to the circuit board through another one of the two second wires (figs. 9-10, 58, 72, --electric power connection from 72 to 58).
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 of this title, 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 5-11 are rejected under 35 U.S.C. 103 as being unpatentable Xu et al (US 7874666) in a view of Li (US 11213429).
Regarding Claim 5, Xu discloses as set forth above and further teaches the dimmable eyeglasses of claim 4, wherein with the positive electrode of the dimmable lens disposed at the first conductive layer and the negative electrode of the dimmable lens disposed at the second conductive layer (fig. 1B, 24/28, 26/30).
But Xu does not specifically disclose that wherein the dimmable lens comprises a lens and a liquid crystal film, the liquid crystal film is adhered to a side of the lens, the liquid crystal film comprises, in sequence, a first flexible substrate, a first conductive layer, a liquid crystal layer, a second conductive layer, and a second flexible substrate.
However, Li teaches an eyewear apparatus (abstract; fig. 2), wherein the dimmable lens comprises a lens and a liquid crystal film, the liquid crystal film is adhered to a side of the lens (fig. 2, 300, 400), the liquid crystal film comprises, in sequence, a first flexible substrate, a first conductive layer, a liquid crystal layer, a second conductive layer, and a second flexible substrate (fig. 3, 2, 3, 4, 5, 6; col. 4, line 55- 60, the liquid crystal lens includes a first polarizer 1, a first substrate layer 2, a first conductive layer 3, a first alignment layer (not shown), a liquid crystal layer 4, and a second alignment layer (not shown) a second conductive layer 5, a second substrate layer 6 and a second polarizer 7, which are arranged in a stack; col. 5, line 9-11, The first substrate layer 2 and the second substrate layer 6 may be made of rigid or flexible material and may include glass, acrylic, and/or other materials).
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 dimmable eyeglasses of Xu by the eyewear apparatus of Li for a purpose of providing of a lens which can be dimmed to adapt to different ambient light, protect user's eyesight, and enhance user experience (col. 3, line 30-33).
Regarding Claim 6, Xu discloses as set forth above but does not specifically disclose that the dimmable eyeglasses of claim 1, wherein the frame comprises a front frame and a rear frame, the rear frame is assembled to the front frame, edges of the dimmable lenses are held between the front frame and the rear frame, and a part of the electrical connection component is disposed between the dimmable lens and the front frame.
However, Li teaches an eyewear apparatus (abstract; fig. 2), wherein the frame comprises a front frame and a rear frame (fig. 2, 100, 200), the rear frame is assembled to the front frame, edges of the dimmable lenses are held between the front frame and the rear frame (fig. 2, 300 –liquid crystal lens, 100, 200), and a part of the electrical connection component is disposed between the dimmable lens and the front frame (fig. 2, 100, 110, 500, 300; col. 6, line 42-48, a receiving recess 110 for installing the solar cell 500 and the control circuit board).
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 dimmable eyeglasses of Xu by the eyewear apparatus of Li for a purpose of providing of a lens which can be dimmed to adapt to different ambient light, protect user's eyesight, and enhance user experience (col. 3, line 30-33).
Regarding Claim 7, Xu discloses as set forth above but does not specifically disclose that the dimmable eyeglasses of claim 2, wherein the frame comprises a front frame and a rear frame, the rear frame is assembled to the front frame, edges of the dimmable lenses are held between the front frame and the rear frame, and a part of the electrical connection component is disposed between the dimmable lens and the front frame.
However, Li teaches an eyewear apparatus (abstract; fig. 2), wherein the frame comprises a front frame and a rear frame (fig. 2, 100, 200), the rear frame is assembled to the front frame, edges of the dimmable lenses are held between the front frame and the rear frame (fig. 2, 300 –liquid crystal lens, 100, 200), and a part of the electrical connection component is disposed between the dimmable lens and the front frame (fig. 2, 100, 110, 500, 300; col. 6, line 42-48, a receiving recess 110 for installing the solar cell 500 and the control circuit board).
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 dimmable eyeglasses of Xu by the eyewear apparatus of Li for a purpose of providing of a lens which can be dimmed to adapt to different ambient light, protect user's eyesight, and enhance user experience (col. 3, line 30-33).
Regarding Claim 8, Xu - Li combination teaches that the dimmable eyeglasses of claim 3, wherein the frame comprises a front frame and a rear frame (fig. 2, 100, 200, as disclosed in Li), the rear frame is assembled to the front frame, edges of the dimmable lenses are held between the front frame and the rear frame (fig. 2, 300 –liquid crystal lens, 100, 200, as disclosed in Li), and a part of the electrical connection component is disposed between the dimmable lens and the front frame (fig. 2, 100, 110, 500, 300; col. 6, line 42-48, a receiving recess 110 for installing the solar cell 500 and the control circuit board, as disclosed in Li).
Regarding Claim 9, Xu - Li combination teaches that the dimmable eyeglasses of claim 4, wherein the frame comprises a front frame and a rear frame (fig. 2, 100, 200, as disclosed in Li), the rear frame is assembled to the front frame, edges of the dimmable lenses are held between the front frame and the rear frame (fig. 2, 300 –liquid crystal lens, 100, 200, as disclosed in Li), and a part of the electrical connection component is disposed between the dimmable lens and the front frame (fig. 2, 100, 110, 500, 300; col. 6, line 42-48, a receiving recess 110 for installing the solar cell 500 and the control circuit board, as disclosed in Li).
Regarding Claim 10, Xu - Li combination teaches that the dimmable eyeglasses of claim 5, wherein the frame comprises a front frame and a rear frame (fig. 2, 100, 200, as disclosed in Li), the rear frame is assembled to the front frame, edges of the dimmable lenses are held between the front frame and the rear frame (fig. 2, 300 –liquid crystal lens, 100, 200, as disclosed in Li), and a part of the electrical connection component is disposed between the dimmable lens and the front frame (fig. 2, 100, 110, 500, 300; col. 6, line 42-48, a receiving recess 110 for installing the solar cell 500 and the control circuit board, as disclosed in Li).
Regarding Claim 11, Xu - Li combination teaches that the dimmable eyeglasses of claim 6, wherein the front frame and the rear frame are snap-fitted and connected (fig. 2, 100, 200, 300; col. 4, line 9-12, the housing 200 matches the shape of the frame 100 and is clamped on the outer periphery of the frame 100 for installation and decoration of the frame 100; col. 7, line 45, 48, There can be multiple ways of detachable connection, such as magnetic connection, snap connection, etc., as disclosed in Li).
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application is assigned is (571) 273 8300.
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/JIE LEI/Primary Examiner, Art Unit 2872