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 Objections
Claims 1, 3, 5-6, 8, 11-12, 14, 16-18, and 20 are objected to because of the following informalities:
Regarding claim 1, “the proximal side of the eye shield” in lines 6-7 should be recited as “the proximal side of the eye shield assembly”.
Regarding claim 1, “the eye shield positioned towards a user’s face” in line 7 should be recited as “the eye shield assembly configured to be positioned towards the user’s face”.
Regarding claim 1, “the skirt” in line 10 should be recited as “a skirt”.
Regarding claim 1, “the distal side of the eye shield” in line 13 should be recited as “the distal side of the eye shield assembly”.
Regarding claim 1, “a skirt” in line 16 should be recited as “the skirt”.
Regarding claim 1, “the head of a user” in line 19 should be recited as “a head of the user”.
Regarding claim 3, “positioned to be in front of an eye” in line 2 should be recited as “configured to be positioned in front of an eye”.
Regarding claim 3, “a wearer” in lines 2-3 should be recited as “the user”.
Regarding claim 5, “a portion visible light” in line 2 should be recited as “a portion of visible light”.
Regarding claim 6, “a portion visible light” in line 2 should be recited as “a portion of visible light”.
Regarding claim 8, “the one or more lenses” in line 1 should be recited as “the one or more lenses of the lens assembly”.
Regarding claim 11, “one or more magnets” in line 1 should be recited as “the one or more magnets”.
Regarding claim 12, “protecting the eyes, mouth, and nose” in line 1 should be recited as “protecting eyes, mouth, and nose”.
Regarding claim 12, “a user’s mouth and nose” in line 6-7 should be recited as “the user’s mouth and nose”.
Regarding claim 12, “the proximal side of the eye shield” in line 9 should be recited as “the proximal side of the eye shield assembly”.
Regarding claim 12, “a user’s face” in line 9 should be recited as “the user’s face”.
Regarding claim 12, “the skirt” in line 13 should be recited as “a skirt”.
Regarding claim 12, “a skirt” in line 16 should be recited as “the skirt”.
Regarding claim 12, “the head of a user” in line 19 should be recited as “a head of the user”.
Regarding claim 12, “the distal side of the eye shield” in lines 22-23 should be recited as “the distal side of the eye shield assembly”.
Regarding claim 14, “positioned to be in front of an eye of a wearer” in lines 2-3 should be recited as “configured to be positioned in front of an eye of the user”.
Regarding claim 16, “The method of claim device of claim 12” in line 1 should be recited as “The method of claim 12”.
Regarding claim 16, “portion visible light” in line 2 should be recited as “portion of visible light.”
Regarding claim 17, “portion visible light” in line 2 should be recited as “portion of visible light.”
Claim 18 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 9. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Regarding claim 20, “the file assembly” in lines 6-7 should be recited as “the filter assembly”.
Regarding claim 20, “a user’s mouth” in line 14 should be recited as “the user’s mouth”.
Regarding claim 20, “a user’s eyes” in line 25 should be recited as “the user’s eyes”
Regarding claim 20, “a user” in line 26 should be recited as “the user”.
Regarding claim 20, “releasable coupled” in line 29 should be recited as “releasably coupled”.
Regarding claim 20, “a skirt extending from the filter assembly and positioned distal to the seal, the skirt comprising a semi-rigid or rigid material; and” in lines 31-32 should be deleted as this claim limitation is already recited in claim 20 lines 19-20.
Regarding claim 20, “the head of a user” in line 34 should be recited as “a head of the user”.
Appropriate correction is required.
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 1-11, 14, and 18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "magnification lens" in line 15. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the examiner is interpreting “magnification lens” to be “the lens assembly”.
Claim 9 contains the trademark/trade name “Velcro.” Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a fastener and, accordingly, the identification/description is indefinite.
Claim 14 is dependent on claim 1, however, claim 14 recites “The method” in the claim. Further clarification is required. Therefore, for the purposes of examination, the examiner is interpreted claim 14 to depend on claim 12.
Claim 18 contains the trademark/trade name “Velcro.” Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a fastener and, accordingly, the identification/description is indefinite.
Claims 2-8 and 10-11 are rejected for depending on a previously rejected claim.
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.
Claim(s) 1-2, 8-9, 12-13, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duval (US 2021/0370108 A1) in view of Bornstein (US 2022/0151320 A1).
Regarding claim 1, Duval discloses a protection device (2) (see Fig. 10; protection device 2 protects a user’s nose, mouth, and eyes), comprising:
a filter assembly (5) comprising a filter (8) (see Fig. 18; the protection device 2 has the same features of protection device 1 as discussed in [0128], and thus the protection device 2 has a filter assembly 5 that comprises a filter 8, as discussed with regards to protection device 1, see [0118]);
a seal (14) positioned along a peripheral edge of the filter assembly (5) (see Fig. 18 and [0130]; seal 14 is positioned along a peripheral edge of filter assembly 5), the filter assembly (5) and the seal (14) defining a first safety compartment (16) for enclosing a user’s mouth and nose (see Fig. 18 and [0130]; the filter assembly 5 and seal 14 define the first safety compartment 16 for enclosing a user’s mouth and nose);
an eye shield assembly (42) having a proximal side and a distal side, the proximal side of the eye shield (42) positioned toward a user’s face when the user is wearing the protection device (2) (see Fig. 18; eye shield 42 is an eye shield assembly, and eye shield 42 has a proximal side which is the side that faces the user when in use and is shown in Fig. 13, and eye shield 42 has a distal side which is the side that faces away from the user when in use and is shown in Fig. 12), the eye shield assembly (42) forming an upper portion of the protection device (2) (see Figs. 12 and 18, and [0128]; the eye shield 42 forms an upper portion of the protection device 2), the eye shield assembly (42) comprising
an optically transparent eye shield (42) coupled to the skirt (40) to form a continuous surface from the filter assembly (5) to a top portion of the eye shield (42) (see [0007], [0043] which discusses how eye shield 42 may be optically transparent or clear, and eye shield 42 is coupled to skirt 40 as seen in Figs. 10, 12, and 18, to form a continuous surface from the filter assembly 5 to a top portion of the eye shield 42, see [0129]);
a skirt (40) extending from the filter assembly (5) and positioned distal to the seal (14) (see Fig. 18; skirt 40 extends from the filter assembly 5 and is positioned distal to seal 14, see [0129]-[0130]), the skirt (40) comprising a semi-rigid or rigid material (see [0129] which discusses the skirt 40 comprising a rigid or semi-rigid material); and
a frame assembly (12) coupled to the filter assembly (5) and structured to attach the protection device (2) to the head of a user (see Figs. 10-11, 14-15; frame assembly 12 is coupled to filter assembly 5 and is structured to attach the protection device 2 to the head of a user, see [0125]), the frame assembly (12) comprising
a left temple arm (44) having a proximal end coupled to the filter assembly (5) (see Annotated Fig. 10 of Duval; the left temple arm 44 has a proximal end, which is labeled in Annotated Fig. 10, coupled to the filter assembly 5); and
a right temple arm (46) having a proximal end coupled to the filter assembly (5) (see Annotated Fig. 14 of Duval; the right temple arm 46 has a proximal end, which is labeled in Annotated Fig. 14, coupled to the filter assembly 5).
Duval is silent on a lens assembly including one or more lenses, the lens assembly releasably coupled to the distal side of the eye shield; and one or more fasteners for coupling the lens assembly to the eye shield; configured to coupled the magnification lens to the eye shield.
However, Bornstein teaches an analogous eye shield assembly (2) (see Figs. 1A-1B which shows solid barrier 2 which is an analogous eye shield assembly as it is a shield that covers or shields the eyes of a user), and a lens assembly (3) including one or more lenses (see Figs. 1A-1B and [0067] which discusses how eyewear element 3 comprises one or more lenses), the lens assembly (3) releasably coupled to the distal side of the eye shield (2) (see Figs. 1A-1B and [0067] which discusses how the eyewear element 3 is removably attached or releasably coupled to the external surface of solid barrier 2, which is the distal side of the eye shield as it is on the side further away from the user); one or more fasteners (7) for coupling the lens assembly (3) to the eye shield (2) (see Figs. 1A-1B and [0067] which discusses how eyewear attachment elements 7, which may be various fasteners such as loop and hook configurations (Velcro), couples or attaches the eyewear element 3 to solid barrier 2); configured to couple the lens assembly (3) to the eye shield (2) (see Figs. 1A-1B and [0067] which discusses how the eyewear attachment elements 7 is configured to couple or attach the eyewear element 3 to the solid barrier 2), providing a user to manipulate eyewear while wearing a shield and to do so without removing the shield allowing a user to keep the shield on for longer amounts of time (see [0066] of Bornstein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the eye shield assembly (42) in the device of Duval to comprise a lens assembly (3) including one or more lenses that is releasably coupled to the distal side of the eye shield, and one or more fasteners (7) for coupling the lens assembly (3) to the eye shield as taught by Bornstein to have provided an improved protection device that allows a user to manipulate eyewear while wearing a shield and to do so without removing the shield allowing a user to keep the shield on for longer amounts of time (see [0066] of Bornstein).
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Annotated Fig. 10 of Duval.
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Annotated Fig. 14 of Duval.
Regarding claim 2, Duval in view of Bornstein discloses the invention as discussed in claim 1. Duval in view of Bornstein further discloses wherein the one or more lenses of the lens assembly (3 of Bornstein) includes a magnifying lens (see [0067] of Bornstein, as previously modified above, see claim 1, which discusses how the one or more lenses of the eyewear element 3 of Bornstein may produce a magnified image to the user, such as lenses used in reading glasses, and thus is a magnifying lens).
Regarding claim 8, Duval in view of Bornstein discloses the invention as discussed in claim 1.
Bornstein further teaches wherein the one or more lenses (3) includes a compound to at least partially block ultraviolet light (see [0110] which discusses how the eyewear element 3 which includes one or more lenses, also see [0067], may comprise a UV or ultraviolet coating or compound, as applicant states in the specification that a compound is a coating, see [0068] on page 25 of applicant’s specification, to at least partially block ultraviolet light), providing to better protect a user’s eyes.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more lenses (3 of Bornstein) in the device of Duval in view of Bornstein to include a compound to at least partially block ultraviolet light as taught by Bornstein to have provided an improved protection device that better protects a user’s eyes.
Regarding claim 9, Duval in view of Bornstein discloses the invention as discussed in claim 1. Duval in view of Bornstein further discloses wherein the one or more fasteners (7 of Bornstein) include Velcro (see Figs. 1A-1B of Bornstein and [0067] of Bornstein which discusses how the eyewear attachment elements 7 of Bornstein may be a loop and hook configuration like Velcro).
Regarding claim 12, Duval discloses a method of protecting the eyes, mouth, and nose of a user from air-borne material (see [0128] which discusses how the protection device 2 protects the eyes, mouth, and nose of a user from air-borne material), the method comprising:
providing a protection device (2) (see Fig. 10; protection device 2 is provided); comprising:
a filter assembly (5) comprising a filter (8) (see Fig. 18; the protection device 2 has the same features of protection device 1 as discussed in [0128], and thus the protection device 2 has a filter assembly 5 that comprises a filter 8, as discussed with regards to protection device 1, see [0118]);
a seal (14) positioned along a peripheral edge of the filter assembly (5) (see Fig. 18 and [0130]; seal 14 is positioned along a peripheral edge of filter assembly 5), the filter assembly (5) and the seal (14) defining a first safety compartment (16) for enclosing a user’s mouth and nose (see Fig. 18 and [0130]; the filter assembly 5 and seal 14 define the first safety compartment 16 for enclosing a user’s mouth and nose);
an eye shield assembly (42) having a proximal side and a distal side, the proximal side of the eye shield (42) positioned toward a user’s face when the user is wearing the protection device (2) (see Fig. 18; eye shield 42 is an eye shield assembly, and eye shield 42 has a proximal side which is the side that faces the user when in use and is shown in Fig. 13, and eye shield 42 has a distal side which is the side that faces away from the user when in use and is shown in Fig. 12), the eye shield assembly (42) forming an upper portion of the protection device (2) (see Figs. 12 and 18, and [0128]; the eye shield 42 forms an upper portion of the protection device 2), the eye shield assembly (42) comprising
an optically transparent eye shield (42) coupled to the skirt (40) to form a continuous surface from the filter assembly (5) to a top portion of the eye shield (42) (see [0007], [0043] which discusses how eye shield 42 may be optically transparent or clear, and eye shield 42 is coupled to skirt 40 as seen in Figs. 10, 12, and 18, to form a continuous surface from the filter assembly 5 to a top portion of the eye shield 42, see [0129]);
a skirt (40) extending from the filter assembly (5) and positioned distal to the seal (14) (see Fig. 18; skirt 40 extends from the filter assembly 5 and is positioned distal to seal 14, see [0129]-[0130]), the skirt (40) comprising a semi-rigid or rigid material (see [0129] which discusses the skirt 40 comprising a rigid or semi-rigid material); and
a frame assembly (12) coupled to the filter assembly (5) and structured to attach the protection device (2) to the head of a user (see Figs. 10-11, 14-15; frame assembly 12 is coupled to filter assembly 5 and is structured to attach the protection device 2 to the head of a user, see [0125]), the frame assembly (12) comprising a left temple arm (44) having a proximal end coupled to the filter assembly (5) (see Annotated Fig. 10 of Duval; the left temple arm 44 has a proximal end, which is labeled in Annotated Fig. 10, coupled to the filter assembly 5); and a right temple arm (46) having a proximal end coupled to the filter assembly (5) (see Annotated Fig. 14 of Duval; the right temple arm 46 has a proximal end, which is labeled in Annotated Fig. 14, coupled to the filter assembly 5).
Duval is silent on coupling a lens assembly including one or more lenses to the distal side of the eye shield using one or more fasteners.
However, Bornstein teaches an analogous eye shield (2) (see Figs. 1A-1B which shows solid barrier 2 which is an analogous eye shield as it is a shield that covers or shields the eyes of a user), and coupling a lens assembly (3) including one or more lenses to the distal side of the eye shield (2) using one or more fasteners (7) (see Figs. 1A-1B and [0067] which discusses how eyewear element 3 comprises one or more lenses, and the eyewear element 3 is removably attachable and thus is coupled to the external surface of solid barrier 2, which is the distal side of the eye shield as it is on the side further away from the user when worn, using eyewear attachment elements 7 which are one or more fasteners), providing a user to manipulate eyewear while wearing a shield and to do so without removing the shield allowing a user to keep the shield on for longer amounts of time (see [0066] of Bornstein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Duval to include coupling a lens assembly including one or more lenses to the distal side of the eye shield using one or more fasteners as taught by Bornstein to have provided an improved method for protecting the eyes, mouth, and nose of a user that allows a user to manipulate eyewear while wearing a shield and to do so without removing the shield allowing a user to keep the shield on for longer amounts of time (see [0066] of Bornstein).
Regarding claim 13, Duval in view of Bornstein discloses the method as discussed in claim 12. Duval in view of Bornstein further discloses wherein the one or more lenses of the lens assembly (3 of Bornstein) includes a magnifying lens (see [0067] of Bornstein, as previously modified above, see claim 1, which discusses how the one or more lenses of the eyewear element 3 of Bornstein may produce a magnified image to the user, such as lenses used in reading glasses, and thus is a magnifying lens).
Regarding claim 18, Duval in view of Bornstein discloses the invention as discussed in claim 1. Duval in view of Bornstein further discloses wherein the one or more fasteners (7 of Bornstein) include Velcro (see Figs. 1A-1B of Bornstein and [0067] of Bornstein which discusses how the eyewear attachment elements 7 of Bornstein may be a loop and hook configuration like Velcro).
Regarding claim 20, Duval discloses a protection device (2) (see Fig. 19; protection device 3 protects a user’s nose, mouth, and eyes), comprising:
a filter assembly (5) having a proximal side for positioning near a user’s face and a distal side (see Fig. 27; the protection device 3 has the same features of protection device 1 as discussed in [0131], and thus the protection device 3 has a filter assembly 5 having a proximal side positioned near a user’s face and a distal side positioned away from the user’s face when in use, see [0118]), the filter assembly (5) comprising:
a filter (8) (see Fig. 27; the protection device 3 has the same features of protection device 1 as discussed in [0131], and thus the protection device 3 has a filter assembly 5 that comprises a filter 8, as discussed with regards to protection device 1, see [0118]);
a proximal layer (24) and a distal layer (28) (see Fig. 27), the proximal layer (24) and the distal layer (28) each having a plurality of perforations (36) that allow air to pass through (see Fig. 27 and [0119] which discusses the proximal layer 24 and distal layer 28 have a plurality of openings 36 that allow air to pass through), the filter assembly (5) configured to hold the filter (8) between the proximal layer (24) and the distal layer (28) (see Fig. 27 and [0119]; the filter assembly 5 is configured to hold the filter 8 between the proximal layer 24 and distal layer 28);
a one-way valve (38) positioned in a center portion of the filter assembly (5) and coupled to the proximal layer (24) of the filter assembly (5) (see Fig. 27; one-way valve 38 is positioned in a center portion of filter assembly 5, as seen in Fig. 27 and see [0122], and one-way valve 38 is coupled to proximal layer 24 of the filter assembly as seen in Fig. 27), the valve (38) configured to allow air to pass through the valve (38) from the proximal side of the filter assembly (5) to the distal side of the filter assembly (5) (see Fig. 27 and [0122]; the one-way valve 38 allows air to pass through the valve 38 from the proximal side of the filter assembly 5 to the distal side of the filter assembly 5);
a seal (14) positioned along a peripheral edge of the filter assembly (5) (see Fig. 27 and [0131]; seal 14 is positioned along a peripheral edge of filter assembly 5), the filter assembly (5) and the seal (14) defining a first safety compartment (16) for enclosing a user’s mouth and nose (see Fig. 27 and [0131]; the filter assembly 5 and seal 14 define the first safety compartment 16 for enclosing a user’s mouth and nose, also see Fig. 22);
an eye shield assembly (42) having a proximal side and a distal side (see Fig. 27; eye shield 42 is an eye shield assembly, and eye shield 42 has a proximal side which is the side that faces the user when in use and is shown in Fig. 22, and eye shield 42 has a distal side which is the side that faces away from the user when in use and is shown in Fig. 21), the eye shield assembly (42) forming an upper portion of the protection device (2) (see Figs. 21 and 27, and [0132]; the eye shield 42 forms an upper portion of the protection device 2), the eye shield assembly (42) comprising
a skirt (40) extending from the filter assembly (5) and positioned distal to the seal (14) (see Fig. 27; skirt 40 extends from the filter assembly 5 and is positioned distal to seal 14, see [0129]-[0130], and [0132]), the skirt (40) comprising a semi-rigid or rigid material (see [0132] which discusses the skirt 40 comprising a rigid or semi-rigid material); and
an optically transparent eye shield (42) coupled to the skirt (40) to form a continuous surface from the filter assembly (5) to a top portion of the eye shield (42) (see [0007], [0043] which discusses how eye shield 42 may be optically transparent or clear, and eye shield 42 is coupled to skirt 40 as seen in Figs. 21 and 27, to form a continuous surface from the filter assembly 5 to a top portion of the eye shield 42, see [0129] and [0132]), wherein the seal (14) is further positioned along a peripheral edge of the eye shield assembly (42) (see Figs. 22 and 27 and [0132], [0124]; seal 14 has a second seal 22 positioned along a peripheral proximal edge of the eye shield 42), the eye shield assembly (42) and the seal (14) defining a second safety compartment (18) for enclosing a user’s eyes (see Figs. 22 and 27 and [0132], [0124]; the eye shield 42 and seal 14, specifically second seal 22, define a second safety compartment 18 for enclosing a user’s eyes), wherein the first safety compartment (16) is separate from the second safety compartment (18) when worn by a user such that air cannot flow between the first safety compartment (16) and the second safety compartment (18) (see Figs. 22 and 27, and [0124], [0131], and [0132]; the first safety compartment 16 is separate from the second safety compartment 18 when worn by a user, such that air cannot flow between the first safety compartment 16 and the second safety compartment 18, as the seal 14, first seal 20 and second seal 22 form a tight seal with a portion of the user’s face, also see [0008] and [0045]);
a skirt (40) extending from the filter assembly (5) and positioned distal to the seal (14) (see Fig. 27; skirt 40 extends from the filter assembly 5 and is positioned distal to seal 14, see [0129]-[0130], and [0132]), the skirt (40) comprising a semi-rigid or rigid material (see [0132] which discusses the skirt 40 comprising a rigid or semi-rigid material); and
a frame assembly (12) coupled to the filter assembly (5) and structured to attach the protection device (3) to the head of a user (see Figs. 23-25 and 27, and [0131]; frame assembly 12 is coupled to filter assembly 5 and is structured to attach the protection device 3 to the head of a user), the frame assembly (12) comprising
a left temple arm (44) coupled to the filter assembly (5) (see Figs. 24 and 27 which shows the left temple arm 44 coupled to the filter assembly 5); and
a right temple arm (46) coupled to the filter assembly (5) (see Figs. 23 and 27 which shows the right temple arm 46 coupled to the filter assembly 5).
Duval is silent on a magnification lens releasable coupled to the eye shield; and one or more fasteners configured to couple the magnification lens to the eye shield.
However, Bornstein teaches an analogous eye shield assembly (2) (see Figs. 1A-1B which shows solid barrier 2 which is an analogous eye shield assembly as it is a shield that covers or shields the eyes of a user), and a magnification lens (3) releasable coupled to the eye shield (2) (see Figs. 1A-1B and [0067] which discusses how eyewear element 3 comprises one or more lenses which may produce a magnified image to the user, such as lenses used in reading glasses, and thus is a magnification lens, and this magnification eyewear element 3 is releasably coupled to solid barrier 2 as it is described as removably attached to the external surface of solid barrier 2); and one or more fasteners (7) configured to couple the magnification lens (3) to the eye shield (2) (see Figs. 1A-1B and [0067] which discusses how eyewear attachment elements 7, which may be one or more fasteners such as loop and hook (Velcro), is configured to couple the magnification eyewear element 3 to the solid barrier 2), providing a user to manipulate eyewear while wearing a shield and to do so without removing the shield allowing a user to keep the shield on for longer amounts of time (see [0066] of Bornstein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the eye shield assembly (42) in the device of Duval to comprise a magnification lens (3) releasable coupled to the eye shield, and one or more fasteners (7) configured to couple the magnification lens to the eye shield as taught by Bornstein to have provided an improved protection device that allows a user to manipulate eyewear while wearing a shield and to do so without removing the shield allowing a user to keep the shield on for longer amounts of time (see [0066] of Bornstein).
Claim(s) 3-4, 10-11, 14-15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duval in view of Bornstein further in view of Mynen et al. (referred to as “Mynen”) (US 2022/0269112 A1).
Regarding claim 3, Duval in view of Bornstein discloses the invention as discussed in claim 1.
Duval in view of Bornstein is silent on wherein the one or more lenses of the lens assembly includes two lenses, each of the two lenses positioned to be in front of an eye of a wearer of the protection device.
However, Mynen teaches an analogous lens assembly (101) including one or more lenses (102) (see Figs. 1A-1B and [0049], [0051] discusses how optical member 102 comprises one or more lenses), wherein the one or more lenses (102) of the lens assembly (101) includes two lenses (see Figs. 1A-1B and [0049] and [0051] which discusses how optical member 102 may correspond to a right eye of a user and a second optical member may correspond to a left eye of a user, and thus includes two lenses), each of the two lenses positioned to be in front of an eye of a wearer of the protection device (100) (see Figs. 1A-1B and [0049], [0051], and [0053]; the optical member 102 that corresponds to the right eye of a user and a second optical member 102 that corresponds to the left eye of a user is to be positioned in front of an eye of a wearer of the optical system 100, which is a protection device as eyewear apparatus 130 may be safety glasses), providing lenses for each eye of a user to provide a more customized fit for a user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the one or more lenses of the lens assembly (3 of Bornstein) in the device of Duval in view of Bornstein to include two lenses, each of the two lenses positioned to be in front of an eye of a wearer of the protection device as taught by Meynen to have provided an improved protection device that provides lenses for each eye of a user to provide a more customized fit for a user.
Regarding claim 4, Duval in view of Bornstein further in view of Meynen discloses the invention as discussed in claim 3. Duval in view of Bornstein further in view of Meynen further discloses wherein the two lenses are magnifying lenses (as previously modified above, see claim 1 and 3, the two lenses are magnifying lenses as Meynen discloses the optical article 101 may be magnification lenses, see [0049] of Meynen).
Regarding claim 10, Duval in view of Bornstein discloses the invention as discussed in claim 1.
Duval in view of Bornstein is silent on wherein the one or more fasteners include one or more magnets, wherein the lens assembly is releasably couplable to the eye shield using the one or more magnets.
However, Meynen teaches an analogous eye shield (130) (see Figs. 1A-1B and [0053] which discusses how the eyewear apparatus 130 may be safety glasses and thus is an analogous eye shield as the safety glasses shield the eyes of a user for protection), and wherein the one or more analogous fasteners (104) include one or more magnets (see Fig. 1A and [0052] which discusses how the one or more attachment devices 104 may include a magnet), wherein the lens assembly (101) is releasably couplable to the eye shield (130) using the one or more magnets (104) (see Figs. 1A-1B and [0052] which discusses how the optical article 101 which is a lens, see [0049], is removably coupled to eyewear apparatus 130 via the magnets 104), providing a lens attachment mechanism that is quick and easy for anyone to use.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more fasteners (7 of Bornstein) in the device of Duval in view of Bornstein to include one or more magnets, wherein the lens assembly is releasably couplable to the eye shield using the one or more magnets as taught by Meynen to have provided an improved protection device that provides an easy lens attachment mechanism that is quick and easy for anyone to use.
Regarding claim 11, Duval in view of Bornstein further in view of Meynen discloses the invention as discussed in claim 10.
Meynen further teaches wherein one or more magnets (104) are attached to the lens assembly (101) (see Fig. 1A and [0052]; the one or more attachment devices 104, which may be magnets, are attached to optical article 101 which is an analogous lens assembly, as optical article 101 are one or more lenses, see [0049]), providing a lens attachment mechanism that is quick and easy for anyone to use.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more magnets (104 of Meynen) in the device of Duval in view of Bornstein further in view of Meynen are attached to the lens assembly as taught by Meynen to have provided an improved protection device that provides an easy lens attachment mechanism that is quick and easy for anyone to use.
Regarding claim 14, Duval in view of Bornstein discloses the method as discussed in claim 12.
Duval in view of Bornstein is silent on wherein the one or more lenses of the lens assembly includes two lenses, each of the two lenses positioned to be in front of an eye of a wearer of the protection device.
However, Meynen teaches an analogous lens assembly (101) including one or more lenses (102) (see Figs. 1A-1B and [0049], [0051] discusses how optical member 102 comprises one or more lenses), wherein the one or more lenses (102) of the lens assembly (101) includes two lenses (see Figs. 1A-1B and [0049] and [0051] which discusses how optical member 102 may correspond to a right eye of a user and a second optical member may correspond to a left eye of a user, and thus includes two lenses), each of the two lenses positioned to be in front of an eye of a wearer of the protection device (100) (see Figs. 1A-1B and [0049], [0051], and [0053]; the optical member 102 that corresponds to the right eye of a user and a second optical member 102 that corresponds to the left eye of a user is to be positioned in front of an eye of a wearer of the optical system 100, which is a protection device as eyewear apparatus 130 may be safety glasses), providing lenses for each eye of a user to provide a more customized fit for a user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the one or more lenses of the lens assembly (3 of Bornstein) in the method of Duval in view of Bornstein to include two lenses, each of the two lenses positioned to be in front of an eye of a wearer of the protection device as taught by Meynen to have provided an improved method for protecting the eyes, mouth, and nose of a user that provides lenses for each eye of a user to provide a more customized fit for a user.
Regarding claim 15, Duval in view of Bornstein further in view of Meynen discloses the method as discussed in claim 14. Duval in view of Bornstein further in view of Meynen further discloses wherein the two lenses are magnifying lenses (as previously modified above, see claim 12 and 14, the two lenses are magnifying lenses as Meynen discloses the optical article 101 may be magnification lenses, see [0049] of Meynen).
Regarding claim 19, Duval in view of Bornstein discloses the method as discussed in claim 12.
Duval in view of Bornstein is silent on wherein the one or more fasteners include one or more magnets, and wherein the lens assembly is releasably couplable to the eye shield using the one or more magnets.
However, Meynen teaches an analogous eye shield (130) (see Figs. 1A-1B and [0053] which discusses how the eyewear apparatus 130 may be safety glasses and thus is an analogous eye shield as the safety glasses shield the eyes of a user for protection), and wherein the one or more analogous fasteners (104) include one or more magnets (see Fig. 1A and [0052] which discusses how the one or more attachment devices 104 may include a magnet), wherein the lens assembly (101) is releasably couplable to the eye shield (130) using the one or more magnets (104) (see Figs. 1A-1B and [0052] which discusses how the optical article 101 which is a lens, see [0049], is removably coupled to eyewear apparatus 130 via the magnets 104), providing a lens attachment mechanism that is quick and easy for anyone to use.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more fasteners (7 of Bornstein) in the method of Duval in view of Bornstein to include one or more magnets, wherein the lens assembly is releasably couplable to the eye shield using the one or more magnets as taught by Meynen to have provided an improved method of protecting the eyes, mouth, and nose of a user that provides an easy lens attachment mechanism that is quick and easy for anyone to use.
Claim(s) 5-6 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duval in view of Bornstein further in view of Feldman (US 2003/0098948 A1).
Regarding claim 5, Duval in view of Bornstein discloses the invention as discussed in claim 1.
Duval in view of Bornstein is silent on wherein the one or more lenses of the lens assembly includes a filter to partially block a portion of visible light.
However, Feldman teaches analogous one or more lenses (10) (see Fig. 1; pair of filter lenses 10), wherein the one or more lenses (10) of the lens assembly includes a filter to partially block a portion of visible light (see Fig. 1 and [0032]; the pair of filter lenses 10 is dyed or otherwise processed to impart filtration properties thereto to impede the rays of the sun and protect the eyes of the wearer, and thus partially blocking a portion of visible light), providing to impede the rays of the sun and protect the eyes of the wearer (see [0032] of Feldman).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more lenses (3 of Bornstein) of the lens assembly in the device of Duval in view of Bornstein to include a filter to partially block a portion of visible light as taught by Feldman to have provided an improved protection device that impedes the rays of the sun and protects the eyes of the wearer (see [0032] of Feldman).
Regarding claim 6, Duval in view of Bornstein discloses the invention as discussed in claim 1.
Duval in view of Bornstein is silent on wherein the one or more lenses of the lens assembly includes a tint to partially block a portion of visible light.
However, Feldman teaches analogous one or more lenses (10) (see Fig. 1; pair of filter lenses 10), wherein the one or more lenses (10) of the lens assembly includes a tint to partially block a portion of visible light (see Fig. 1 and [0032]; the pair of filter lenses 10 is dyed or tinted a grey or smoky color to impart filtration properties thereto to impede the rays of the sun and protect the eyes of the wearer, and thus partially blocking a portion of visible light), providing to impede the rays of the sun and protect the eyes of the wearer (see [0032] of Feldman).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more lenses (3 of Bornstein) of the lens assembly in the device of Duval in view of Bornstein to include a tint to partially block a portion of visible light as taught by Feldman to have provided an improved protection device that impedes the rays of the sun and protects the eyes of the wearer (see [0032] of Feldman).
Regarding claim 16, Duval in view of Bornstein discloses the method as discussed in claim 12.
Duval in view of Bornstein is silent on wherein the one or more lenses of the lens assembly includes a filter to partially block a portion of visible light.
However, Feldman teaches analogous one or more lenses (10) (see Fig. 1; pair of filter lenses 10), wherein the one or more lenses (10) of the lens assembly includes a filter to partially block a portion of visible light (see Fig. 1 and [0032]; the pair of filter lenses 10 is dyed or otherwise processed to impart filtration properties thereto to impede the rays of the sun and protect the eyes of the wearer, and thus partially blocking a portion of visible light), providing to impede the rays of the sun and protect the eyes of the wearer (see [0032] of Feldman).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more lenses (3 of Bornstein) of the lens assembly in the method of Duval in view of Bornstein to include a filter to partially block a portion of visible light as taught by Feldman to have provided an improved method for protecting the eyes, mouth, and nose of a user that impedes the rays of the sun and protects the eyes of the wearer (see [0032] of Feldman).
Regarding claim 17, Duval in view of Bornstein discloses the method as discussed in claim 12.
Duval in view of Bornstein is silent on wherein the one or more lenses of the lens assembly includes a tint to partially block a portion of visible light.
However, Feldman teaches analogous one or more lenses (10) (see Fig. 1; pair of filter lenses 10), wherein the one or more lenses (10) of the lens assembly includes a tint to partially block a portion of visible light (see Fig. 1 and [0032]; the pair of filter lenses 10 is dyed or tinted a grey or smoky color to impart filtration properties thereto to impede the rays of the sun and protect the eyes of the wearer, and thus partially blocking a portion of visible light), providing to impede the rays of the sun and protect the eyes of the wearer (see [0032] of Feldman).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more lenses (3 of Bornstein) of the lens assembly in the method of Duval in view of Bornstein to include a tint to partially block a portion of visible light as taught by Feldman to have provided an improved method for protecting eyes, mouth, and nose of a user that impedes the rays of the sun and protects the eyes of the wearer (see [0032] of Feldman).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duval in view of Bornstein further in view of Wilson et al. (referred to as “Wilson”) (US 2022/0413322 A1).
Regarding claim 7, Duval in view of Bornstein discloses the invention as discussed in claim 1.
Duval in view of Bornstein is silent on wherein the one or more lenses of the lens assembly includes a light polarizing film.
However, Wilson teaches analogous one or more lenses (12) of the lens assembly, and wherein the one or more lenses (12) of the lens assembly includes a light polarizing film (see Figs. 1-2; protective lens 12 may include a light polarizing film as discussed in [0016]), providing to further protect a user’s eyes by reducing glare and reflections.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more lenses (3 of Bornstein) of the lens assembly in the device of Duval in view of Bornstein to include a light polarizing film as taught by Wilson to have provided an improved protection device that further protects a user’s eyes by reducing glare and reflections.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,357,850 B2 in view of Bornstein.
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of patent ‘850 recites the limitations of a protection device, comprising: a filter assembly comprising a filter; a seal positioned along a peripheral edge of the filter assembly, the filter assembly and the seal defining a first safety compartment for enclosing a user’s mouth and nose; an eye shield assembly having a proximal side and a distal side, the eye shield assembly forming an upper portion of the protection device, the eye shield assembly comprising: an optically transparent eye shield; a skirt extending from the filter assembly and positioned distal to the seal, the skirt comprising a semi-rigid or rigid material; and a frame ass