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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/29/2024, 0806/2024 and 05/29/2025 has been considered by the examiner.
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 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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 10-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ross et al. (US PUB 2024/0112871; herein after “Ross”) in view of Haddick et al. (US 9875406; herein after “Haddick”).
Ross and Haddick disclose smart eyewear/eyepiece/eyeglasses. Therefore, they are analogous art.
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Regarding claim 1, Ross teaches eyewear (a pair of eyeglasses 200, as shown in FIG. 8 above) comprising: a frame (see para. [0081]) having one or more lenses (eyeglass lenses, para. [0048]); a first temple (208) extending from a first end to a second end, wherein the first end of the first temple is connected to the frame, and wherein said first temple has an outer side surface (as shown in FIG. 8 above); a second temple (210) extending from a first end to a second end, wherein the first end of the second temple is connected to the frame (as shown in FIG. 8 above); a tactile switch (16/250/252) connected to the first temple (as shown in FIG. 8 above, para. [0028], [0071]-[0072], where The temple switches/sensors 250, 252 may be included in a module similar to module 14, FIG. 1), wherein the tactile switch has an axis of rotation oriented perpendicular to the outer side surface of the first temple, wherein the tactile switch is configured to rotate about the axis of rotation and configured to traverse parallel to the outer side surface (as shown in FIG. 8 above, i.e., When the eyeglasses are worn, an actuator of one or more temple switches/sensors 250, 252 is/are positioned so as to overlie the wearer's temporalis muscle so as to be responsive to jaw clenches or other jaw movements of the wearer, both hands free and tap/press activation, deactivation, and/or operation of one or more controlled devices is possible. For example, … Other motions of the actuator, such as rotations (oriented perpendicular to the outer side surface of the first temple), may also be invoked through muscle movement … the nose piece switches/sensors, these movements of the moveable actuator are registered by a sensor associated with the temple switches/sensors 250, 252 and recognized by an associated controller as commands for the controlled device, para. [0073], also see para. [0070], [0074] and [0082]); a processor (22) in electronic communication with the tactile switch (para. [0029], FIG. 1, also see Abstract); a wireless transceiver in electronic communication with the one or more processors (para. [0037]-FIG. 4C, and para. [0057]); and a power source in electronic communication with the one or more processors (see para. [0058]); wherein at least a portion of the first temple is formed from a flexible material (e.g., plastics, see para. [0059]), and the tactile switch is configured to generate a first signal and send the first signal to the processor (i.e., a mechanical switch, an electrical switch, an electrotechnical switch, a virtual switch (e.g., one that is implemented in software running on a controller or other form of programmable device), etc. In the case of a virtual switch, the actuation of the switch may be in response to a change in an electrical signal received by a controller from a sensor that results from the tapping or pressing of a hand or finger against the rigid structural components of the eyeglasses, para. [0023]); wherein, in response to the first signal, the processor instructs the wireless transceiver to transmit a second signal to a mobile device (i.e., the earpiece(s) and microphone(s) (mobile device) may be communicatively connected to a transceiver (via a second signal) carried elsewhere on the wearer's person, either using wired or wireless connections, para. [0057], also see para. [0029]-FIG. 1, para. [0052], [0054], [0075] and [0077] and Abstract).
Ross fails to teach the first temple comprises a strut extending into the portion of the first temple formed from the flexible material.
However, in a related field of endeavor Haddick teaches referring to FIG. 21, the eyepiece may include one or more adjustable wrap around extendable arms 2134. The adjustable wrap around extendable arms 2134 may secure the position of the eyepiece to the user's head. One or more of the extendable arms 2134 may be made out of a shape memory material. In other instances, the end of at least one of the wrap around extendable arms 2134 may be covered with silicone. Further, the adjustable wrap around extendable arms 2134 may extend from the end of an eyepiece arm 2116. They may extend telescopically and/or they may slide out from an end of the eyepiece arms. They may slide out from the interior of the eyepiece arms 2116 or they may slide along an exterior surface of the eyepiece arms 2116, column 80, lines 52-57.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ross such that an extendable arm may be made out of a shape memory material, and the extendable arms may extend or may slide out (strut extending) from an end of the eyepiece arms (temple) as taught by Haddick for the purpose of having flexible extendable arms that allows the user to customize the eyepiece to his or her specific preferences.
Ross fails explicit teaching of the tactile switch has an axis of rotation oriented perpendicular to the outer side surface of the first temple.
However, in a related field of endeavor Haddick further teaches the user may activate the eyepiece either through some switching mechanism on the eyepiece or through some predetermined motion sequence of the finger, such as moving the finger quickly, tapping the finger against a hard surface, and the like, column 39, lines 23-30.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ross such that switching mechanism on the eyepiece or through some predetermined motion sequence such as an axis of rotation oriented perpendicularly as taught by Haddick such that the position sense device may send sensed command information directly to the eyepiece for command processing, or the command processing circuitry may be co-located with the position sense device.
Regarding claim 11, Ross teaches eyewear (a pair of eyeglasses 200, as shown in FIG. 8 above) comprising: a frame (see para. [0081]) having one or more lenses (eyeglass lenses, para. [0048]); a first temple (208) extending from a first end to a second end, wherein the first end of the first temple is connected to the frame, and wherein said first temple has an outer side surface (as shown in FIG. 8 above); a second temple (210) extending from a first end to a second end, wherein the first end of the second temple is connected to the frame (as shown in FIG. 8 above); a tactile switch (16/250/252) connected to the first temple (as shown in FIG. 8 above, para. [0028], [0071]-[0072], where The temple switches/sensors 250, 252 may be included in a module similar to module 14, FIG. 1), wherein the tactile switch has an axis of rotation oriented perpendicular to the outer side surface of the first temple, wherein the tactile switch is configured to rotate about the axis of rotation and configured to traverse parallel to the outer side surface (as shown in FIG. 8 above, i.e., When the eyeglasses are worn, an actuator of one or more temple switches/sensors 250, 252 is/are positioned so as to overlie the wearer's temporalis muscle so as to be responsive to jaw clenches or other jaw movements of the wearer, both hands free and tap/press activation, deactivation, and/or operation of one or more controlled devices is possible. For example, … Other motions of the actuator, such as rotations (oriented perpendicular to the outer side surface of the first temple), may also be invoked through muscle movement … the nose piece switches/sensors, these movements of the moveable actuator are registered by a sensor associated with the temple switches/sensors 250, 252 and recognized by an associated controller as commands for the controlled device, para. [0073], also see para. [0070], [0074] and [0082]); a processor (22) in electronic communication with the tactile switch (para. [0029], FIG. 1, also see Abstract); a wireless transceiver in electronic communication with the one or more processors (para. [0037]-FIG. 4C, and para. [0057]); and a power source in electronic communication with the one or more processors (see para. [0058]); wherein the tactile switch is configured to generate a first signal and send the first signal to the processor; wherein, in response to the first signal, the processor instructs the wireless transceiver to transmit a second signal to a mobile device (i.e., the earpiece(s) and microphone(s) (mobile device) may be communicatively connected to a transceiver (via a second signal) carried elsewhere on the wearer's person, either using wired or wireless connections, para. [0057], also see para. [0029]-FIG. 1, para. [0052], [0054], [0075] and [0077] and Abstract).
Gross fails to teach the one or more lenses meet ANSI standards Z87 or Z87+ for eye protection.
However, in a related field of endeavor Haddick teaches It is desirable that the lenses be suitable for impact, such as a ballistic impact, the lenses and the frames meet ANSI Standard Z87.1-2010 for ballistic resistance, column 25, lines 35-38.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gross such that the lenses and the frames meet ANSI Standard Z87.1-2010 for ballistic resistance as taught by Haddick, for the purpose of having the lenses and frames that meet and pass tests specified in the appropriate standard.
Ross fails explicit teaching of the tactile switch has an axis of rotation oriented perpendicular to the outer side surface of the first temple.
However, in a related field of endeavor Haddick further teaches the user may activate the eyepiece either through some switching mechanism on the eyepiece or through some predetermined motion sequence of the finger, such as moving the finger quickly, tapping the finger against a hard surface, and the like, column 39, lines 23-30.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ross such that switching mechanism on the eyepiece or through some predetermined motion sequence such as an axis of rotation oriented perpendicularly as taught by Haddick such that the position sense device may send sensed command information directly to the eyepiece for command processing, or the command processing circuitry may be co-located with the position sense device.
Regarding claims 2 and 13, Ross according to claims 1 or 11 further teaches a nose pad (202/204) connected to the frame (as shown in FIG. 8).
Regarding claims 3 and 14, Ross according to claim 2 or 13 further teaches the nose pad is at least partially formed from a flexible material (e.g., plastics, see para. [0059]).
Regarding claim 4, Gross fails to teach the one or more lenses meet ANSI standards Z87 or Z87+ for eye protection.
However, in a related field of endeavor Haddick teaches It is desirable that the lenses be suitable for impact, such as a ballistic impact, the lenses and the frames meet ANSI Standard Z87.1-2010 for ballistic resistance, column 25, lines 35-38.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gross such that the lenses and the frames meet ANSI Standard Z87.1-2010 for ballistic resistance as taught by Haddick, for the purpose of having the lenses and frames that meet and pass tests specified in the appropriate standard.
Regarding claims 5 and 15, Ross according to claims 1 or 11 further teaches the eyewear further comprises a microphone (a microphone 54, FIG. 1), the tactile switch is configured to execute a Generative AI application (i.e., The haptic feedback provided by vibration motor 12 may also be activated by another user or application (e.g., through a communication (AI) to the wearer of the eyeglasses), para. [0029], FIG. 1), and the microphone is configured to receive a verbal command (i.e., Microphone 54 detects audible sounds (verbal command), for example speech by the wearer of activation accessory 10, and produces an analog output in response to those sounds, para. [0030]).
Regarding claims 10 and 20, Ross according to claims 1 or 11 further teaches rotating the tactile switch may cause the one or more processors to enable a group communication amongst three or more persons, including the user of the eyewear.
Regarding claim 12, Ross according to claim 11 further teaches depressing the tactile switch perpendicular to the axis of rotation for a predetermined period of time causes power to be supplied from the power source to the one or more processors (i.e., different control inputs, as well as press-and-release, press-and-hold (e.g., for a push-to-talk action), double-press, etc., combinations of the above may be used to send different commands inputs for the controlled device, para. [0018], also see para. [0003]).
Allowable Subject Matter
Claims 6-9 and 16-19 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, the prior art does not teach, or renders obvious, regarding rotation of the tactile switch about the axis of rotation by a predetermined first angle toward the first end of the first temple causes a first signal to be sent to the one or more processors, and rotation of the tactile switch about the axis of rotation by a predetermined second angle toward the first end of the first temple causes a second signal to be sent to the one or more processors.
Claims 7-9 depend upon allowable claim 6.
Regarding claim 16, the prior art does not teach, or renders obvious, regarding rotation of the tactile switch about the axis of rotation by a predetermined first angle toward the first end of the first temple causes a first signal to be sent to the one or more processors, and rotation of the tactile switch about the axis of rotation by a predetermined second angle toward the first end of the first temple causes a second signal to be sent to the one or more processors.
Claim 17 depend upon allowable claim 16.
Regarding claim 18, the prior art does not teach, or renders obvious, regarding rotation of the tactile switch about the axis of rotation toward the first end of the first temple for a first predetermined period of time causes a first signal to be sent to the one or more processors, and rotation of the tactile switch about the axis of rotation toward the first end of the first temple for a second predetermined period of time causes a second signal to be sent to the one or more processors.
Claim 19 depend upon allowable claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Legg (US PUB 2023/0408849) teaches “apparatus 80 comprising spectacle lens 22 coupled to transparency regulation element 30, … Input device 60 typically comprises a user input such as a switch, a button, a touch sensitive panel, a voice activation unit, an eye motion sensor, or an angle-detection device.”, paragraph 0258, FIG. 7.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSTAK CHOUDHURY whose telephone number is (571)272-5247. The examiner can normally be reached on M-F 8AM-5PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached on (571)272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUSTAK CHOUDHURY/Primary Examiner, Art Unit 2872
February 4, 2026