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 .
Response to Amendment
Applicant’s amendments to claims 1-9, 11-18, and 20 filed 04/20/2026 is acknowledged by the examiner.
Claims 1-20 are currently pending and are under examination.
Terminal Disclaimer
The terminal disclaimer filed on 05/01/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12,357,850 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant's arguments filed 04/20/2026 have been fully considered but they are not persuasive.
Applicant’s argument: The combination of Duval and Bornstein fails to disclose each and every limitation of amended claims 1, 12, and 20. Bornstein is silent on a lens assembly that is releasably coupled to the distal side of the eye shield assembly and a plurality of lenses that provide distinct magnification powers. The eyewear element of Bornstein is positioned between the face shield and the eyes of the user when the user is using the eyewear. Bornstein [0068]-[0071]. In the present invention, the lens assembly attached such that the protection device (and not the lens assembly) is between the user’s face and the lens assembly. Additionally, Bornstein merely discusses that the eyewear may have one or more lenses and is not at all concerned with a plurality of lenses to provide different levels of magnification.
Examiner’s response: Bornstein explicitly discloses how the eyewear element 3, which may be multiple lenses, is attached to an external surface of the eye shield assembly 2 of Bornstein via fasteners 7, see [0067] of Bornstein, and thus Bornstein still reads on the claim as the external surface of the eye shield assembly 2 of Bornstein is the distal side of the eye shield assembly. The claim is not specific as to how the lens assembly is attached to the eye shield assembly such that the protection device is in between the user’s face and the lens assembly. Further, Bornstein explicitly discloses that eyewear element 3 may comprise more than one lens, and that the lenses may be used in reading glasses to produce a magnified image, and thus provides a plurality of lenses that provide a distinct magnification power. The claim does not state a plurality of lenses to provide different levels of magnification as argued.
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:
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 a 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 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);
the 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 a plurality of lenses, each configured to provide a distinct magnification power, wherein the lenses are modularly interchangeable, and wherein the lens assembly is releasably coupled to the distal side of the eye shield assembly; and one or more fasteners for coupling the lens assembly to the distal side of the eye shield assembly.
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 a plurality of lenses (see Figs. 1A-1B and [0067] which discusses how eyewear element 3 may comprises one or more lenses and thus may include a plurality of lenses), each configured to provide a distinct magnification power (see Figs. 1A-1B and [0067]; the eyewear element 3 may be lenses used in reading glasses as discussed in [0067], and thus each of the lenses provides a distinct magnification power as the reading glasses like lenses provide a clearly defined prescription for magnification, definition of distinct: “easily perceived by the senses; or clearly defined; unquestionable” https://www.thefreedictionary.com/distinct), wherein the lenses are modularly interchangeable (see Figs. 1-A1B and [0067] which discusses how the eyewear element 3 is removably attached to solid barrier 2 via fasteners such as hook and loop, and thus the eyewear element 3, which may comprise a plurality of lenses, is capable of being modularly interchangeable as the removability/fasteners of the lenses supports swapping the lenses), and wherein the lens assembly (3) is releasably coupled to the distal side of the eye shield assembly (2) (see Figs. 1A-1B and [0067] which discusses how the eyewear element 3 is removably attached to the external surface of solid barrier 2, and thus is removably attached/coupled to the distal side of the solid barrier 2, and the distal side is the external surface as it is the side further away from the user); and one or more fasteners (7) for coupling the lens assembly (3) to the distal side of the eye shield assembly (2) (see Figs. 1A-1B and [0067] which discusses how the eyewear attachment elements 7, which may be various fasteners such as hook and loop configurations, is configured to couple or attach the eyewear element 3 to the external surface/distal side of 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 a plurality of lenses each configured to provide a distinct magnification power, wherein the lenses are modularly interchangeable, and wherein the lens assembly is releasably coupled to the distal side of the eye shield assembly, and one or more fasteners (7) for coupled the lens assembly to the distal side of the eye shield assembly 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 plurality of lenses of the lens assembly (3 of Bornstein) includes a lens configured to be positioned in front of both eyes of the user of the protection device (see [0067] of Bornstein, as previously modified above, also see claim 1; [0067] of Borstein discusses how eyewear element 3 of Bornstein may be a plurality of lenses, and the lenses are capable of being positioned in front of both eyes of the user of the protection device).
Regarding claim 8, Duval in view of Bornstein discloses the invention as discussed in claim 1.
Bornstein further teaches wherein at least one of the plurality of lenses of the lens assembly (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, and thus is a plurality of 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 at least one of the plurality of lenses of the lens assembly (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 hook and loop fastener (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).
Regarding claim 12, Duval discloses a method of protecting 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:
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 a 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 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);
the 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);
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 a plurality of lenses, each configured to provide a distinct magnification power, wherein the lenses are modularly interchangeable to the distal side of the eye shield assembly 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 a plurality of lenses, each configured to provide a distinct magnification power (see Figs. 1A-1B and [0067]; the eyewear element 3 may be lenses used in reading glasses as discussed in [0067], and thus each of the lenses provides a distinct magnification power as the reading glasses like lenses provide a clearly defined prescription for magnification, definition of distinct: “easily perceived by the senses; or clearly defined; unquestionable” https://www.thefreedictionary.com/distinct), wherein the lenses are modularly interchangeable 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, and thus are modularly interchangeable to the distal side of the eye shield via the eyewear attachment elements 7), 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 a plurality of lenes, each configured to provide a distinct magnification power, wherein the lenses are modularly interchangeable 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 plurality of lenses of the lens assembly (3 of Bornstein) includes a lens configured to be positioned in front of both eyes of the user of the protection device (see [0067] of Bornstein, as previously modified above, see claim 1; [0067] of Borstein discusses how eyewear element 3 of Bornstein may be a plurality of lenses, and the lenses are capable of being positioned in front of both eyes of the user of the protection device).
Regarding claim 18, Duval in view of Bornstein discloses the invention as discussed in claim 12. Duval in view of Bornstein further discloses wherein the one or more fasteners (7 of Bornstein) include a hook and loop fastener (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).
Regarding claim 20, Duval discloses a protection device (2) (see Fig. 19; protection device 3 protects a user’s nose, mouth, and eyes), comprising:
an eye shield assembly (42) having a proximal side and a distal side, the proximal side of the protection device positioned towards a user’s face when the user is wearing the protection device (2) (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’s face 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:
an optically transparent eye shield (42) coupled to a 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]);
a 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), 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]);
the 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);
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) 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);
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 a plurality of lenses, each configured to provide a distinct magnification power, wherein the lenses are modularly interchangeable, and wherein the lens assembly is releasably coupled to the distal side of the eye shield assembly; and one or more fasteners for coupling the lens assembly to the distal side of the eye shield assembly.
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 a plurality of lenses (see Figs. 1A-1B and [0067] which discusses how eyewear element 3 may comprises one or more lenses and thus may include a plurality of lenses), each configured to provide a distinct magnification power (see Figs. 1A-1B and [0067]; the eyewear element 3 may be lenses used in reading glasses as discussed in [0067], and thus each of the lenses provides a distinct magnification power as the reading glasses like lenses provide a clearly defined prescription for magnification, definition of distinct: “easily perceived by the senses; or clearly defined; unquestionable” https://www.thefreedictionary.com/distinct), wherein the lenses are modularly interchangeable (see Figs. 1-A1B and [0067] which discusses how the eyewear element 3 is removably attached to solid barrier 2 via fasteners such as hook and loop, and thus the eyewear element 3, which may comprise a plurality of lenses, is capable of being modularly interchangeable as the removability/fasteners of the lenses supports swapping the lenses), and wherein the lens assembly (3) is releasably coupled to the distal side of the eye shield assembly (2) (see Figs. 1A-1B and [0067] which discusses how the eyewear element 3 is removably attached to the external surface of solid barrier 2, and thus is removably attached/coupled to the distal side of the solid barrier 2, and the distal side is the external surface as it is the side further away from the user); and one or more fasteners (7) for coupling the lens assembly (3) to the distal side of the eye shield assembly (2) (see Figs. 1A-1B and [0067] which discusses how the eyewear attachment elements 7, which may be various fasteners such as hook and loop configurations, is configured to couple or attach the eyewear element 3 to the external surface/distal side of 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 a plurality of lenses each configured to provide a distinct magnification power, wherein the lenses are modularly interchangeable, and wherein the lens assembly is releasably coupled to the distal side of the eye shield assembly, and one or more fasteners (7) for coupled the lens assembly to the distal side of the eye shield assembly 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 Meynen et al. (referred to as “Meynen”) (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 each of the plurality of lenses are configured to be positioned to be in front of an eye of the user of the protection device.
However, Meynen teaches a plurality of lenses (102) (see Figs. 1A-1B and [0049], [0051] discusses how optical member 102 comprises one or more lenses and thus is a plurality of lenses), wherein each of the plurality of lenses (102) are configured to be positioned in front of an eye of the user 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 modified the plurality of lenses (3 of Bornstein) in the device of Duval in view of Bornstein to each be positioned to be in front of an eye of the user 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.
Meynen further teaches wherein the lens assembly further includes a lens (102) configured to provide a magnification level that is the same as one of the plurality of lenses (102) (see Figs. 1A-1B and [0051], and [0049]; [0051] discusses how there may be multiple lenses 102 and thus a plurality of lenses, and a lens 102 may have the same prescription as one of the plurality of lenses 102, and thus can provide a magnification level that is the same), providing uniform vision across the plurality of lenses to reduce visual distortion.
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 lens assembly (3 of Bornstein) in the device of Duval in view of Bornstein further in view of Meynen to include a lens configured to provide a magnification level that is the same as one of the plurality of lenses as taught by Meynen to have provided an improved protection device that provides uniform vision across the plurality of lenses to reduce visual distortion.
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 the 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 each of the plurality of lenses are configured to be positioned to be in front of an eye of the user of the protection device.
However, Meynen teaches a plurality of lenses (102) (see Figs. 1A-1B and [0049], [0051] discusses how optical member 102 comprises one or more lenses and thus is a plurality of lenses), wherein each of the plurality of lenses (102) are configured to be positioned in front of an eye of the user 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 modified the plurality of lenses (3 of Bornstein) in the device of Duval in view of Bornstein to each be positioned to be in front of an eye of the user 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 15, Duval in view of Bornstein further in view of Meynen discloses the method as discussed in claim 14.
Meynen further teaches wherein the lens assembly further includes a lens (102) configured to provide a magnification level that is the same as one of the plurality of lenses (102) (see Figs. 1A-1B and [0051], and [0049]; [0051] discusses how there may be multiple lenses 102 and thus a plurality of lenses, and a lens 102 may have the same prescription as one of the plurality of lenses 102, and thus can provide a magnification level that is the same), providing uniform vision across the plurality of lenses to reduce visual distortion.
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 lens assembly (3 of Bornstein) in the device of Duval in view of Bornstein further in view of Meynen to include a lens configured to provide a magnification level that is the same as one of the plurality of lenses as taught by Meynen to have provided an improved protection device that provides uniform vision across the plurality of lenses to reduce visual distortion.
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 at least one of the plurality of lenses of the lens assembly includes a filter to partially block a portion of visible light.
However, Feldman teaches analogous plurality of lenses (10) (see Fig. 1; pair of filter lenses 10), wherein at least one of the plurality of 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 at least one of the plurality of 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 at least one of the plurality of the lenses of the lens assembly includes a tint to partially block a portion of visible light.
However, Feldman teaches analogous plurality of lenses (10) (see Fig. 1; pair of filter lenses 10), wherein at least one of the plurality of 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 at least one of the plurality of 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 at least one of the plurality of lenses of the lens assembly includes a filter to partially block a portion of visible light.
However, Feldman teaches analogous plurality of lenses (10) (see Fig. 1; pair of filter lenses 10), wherein at least one of the plurality of 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 at least one of the plurality of lenses of the lens assembly includes a tint to partially block a portion of visible light.
However, Feldman teaches analogous plurality of lenses (10) (see Fig. 1; pair of filter lenses 10), wherein at least one of the plurality of 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 at least one of the plurality of lenses of the lens assembly includes a light polarizing film.
However, Wilson teaches analogous plurality of lenses (12), and wherein at least one of the plurality of 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.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ROBIN HAN/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786
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