DETAILED ACTION
This office action is in response to the amendment filed February 6, 2026 in which claims 1, 3-9, 11-14, 17, and 19-22 are presented for examination and claims 2, 10, 15-16, and 18 are canceled.
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 .
Allowable Subject Matter
Claims 1, 3-9, and 21-22 are allowed (with claim 1 being subject to a claim objection for informalities, detailed below).
Response to Arguments
Applicant’s First Argument: Rejection of claim 11 under 35 USC 103 over USPN 11,179,272 Han et al. in view of USPN 10,948,746 Langenwalter et al. should be withdrawn at least because Han does not teach, suggest, or disclose a goggle wherein the slider is depressible to translate relative to the goggle frame insert, wherein the slider comprises an opening to receive and retain a projection extending from the lens frame, or wherein the projection includes an angled eject surface.
Examiner’s Response: Examiner respectfully disagrees. Han discloses a goggle (100) (see Figures 1-5; col. 2, line 46 – col. 5, line 55) comprising a projection (121) extending from an inner surface of the lens frame (see Figures 1-5; col. 3, lines 3-5; col. 5, lines 36-44), the projection comprising an angled entry surface and an angled eject surface (see especially Figure 2 depicting angled surfaces of projection 121; col. 4, lines 37-46), a slider (130) at least partially disposed within a goggle frame insert (111) (see especially Figures 2 and 4; col. 3, lines 27-56), the slider comprising an opening (131) configured to receive and retain the projection (see especially Figures 2 and 4; col. 4, lines 27-46), wherein the slider is depressible to translate relative to the goggle frame insert between a first position and a second position (see Figure 4 depicting slider 130 being maintained in the first position relative to goggle frame insert 111 via spring 140 and Figure 5 depicting slider 130 being pressed relative to goggle frame insert 111 to the second position, overcoming the force of spring 140; col 4, lines 10-15), and wherein the slider applies a force against the angled eject surface of the projection to eject the lens assembly outward from the goggle frame when the slider is translated to the second position (see especially Figures 2 and 5; col 4, lines 10-15 and 37-46; as depicted in Figures 2 and 5, protruding portion 150 of slider 130 applies a force against the angled surfaces of projection 121 ejecting lens assembly 120 outward from goggle frame 110 when slider 130 is pressed, the movement of protruding portion 150 of slider 130 against the angled surfaces of projection 121 and the forced outward ejection being emphasized by the arrows in Figure 5). The rejection is maintained.
Applicant’s Second Argument: Rejection of claim 17 under 35 USC 103 over USPN 11,179,272 Han et al. in view of USPN 10,948,746 Langenwalter et al. should be withdrawn at least because Han does not teach, suggest, or disclose a goggle wherein the slider applies a force against the angled eject ramp to eject the lens assembly outward or wherein the slider is spring-biased toward the first position such that, after ejection, the slider automatically returns to the first position.
Examiner’s Response: Examiner respectfully disagrees. Han discloses a goggle (100) (see Figures 1-5; col. 2, line 46 – col. 5, line 55) comprising a slider (130) partially disposed within a goggle frame (110) and a retention member (121) extending from an inner surface of a lens frame (120) (see Figures 1-5; col. 3, lines 3-5 and 28-41; col. 5, lines 36-44), wherein the retention member comprises an angled entry ramp and an angled exit ramp (see especially Figure 2 depicting angled ramps of retention member 121; col. 4, lines 37-46), wherein the slider is configured to translate relative to the goggle frame along a direction between a lower portion and an upper portion between a first position and a second position (see Figure 4 depicting slider 130 being maintained in the first position relative to goggle frame 110 via spring 140 and Figure 5 depicting slider 130 being pressed relative to goggle frame 110 to the second position, overcoming the force of spring 140; col 4, lines 10-15), and wherein the slider applies a force against the angled eject ramp to eject the lens assembly outward when the slider is translated to the second position (see especially Figures 2 and 5; col 4, lines 10-15 and 37-46; as depicted in Figures 2 and 5, protruding portion 150 of slider 130 applies a force against the angled surfaces of retention member 121 ejecting lens assembly 120 outward from goggle frame 110 when slider 130 is pressed, the movement of protruding portion 150 of slider 130 against the angled surfaces of retention member 121 and the forced outward ejection being emphasized by the arrows in Figure 5), and wherein the slider is spring-biased toward the first position such that after ejection the slider automatically returns to the first position (see Figures 4-5 depicting the spring-biased action of slider 130 via spring 140 such that slider 130 returns to the first position as depicted in Figure 4 following ejection of retention member 121 as depicted in Figure 5, when a user removes their finger from slider 130). The rejection is maintained.
Claim Objections
Claim 1 objected to because of the following informalities: Line 17 of claim 1 recites the limitation “the lens assembly.” There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, lines 2-3 of claim 1 will be interpreted as reciting “a lens assembly comprising a lens frame and at least one lens coupled to the lens frame.” It is respectfully noted that if the limitation “the lens assembly” on line 17 of claim 1 were merely amended to recite, for example, “the lens frame” or “the at least one lens,” this would be a broadening amendment to claim 1. Any broadening amendment(s) to claim 1 may result in prior art-based rejection(s) of claim 1 under 35 USC 102 and/or 35 USC 103 in future office action(s).
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 11-14, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 11,179,272 Han et al. in view of USPN 10,948,746 Langenwalter et al.
To claim 11, Han discloses a goggle (100) (see Figures 1-5; col. 2, line 46 – col. 5, line 55) comprising:
a lens assembly (120) comprising a lens frame (col. 5, lines 36-44) and at least one lens coupled to the lens frame, wherein the lens frame comprises a projection (121) extending from an inner surface of the lens frame (see Figures 1-5; col. 3, lines 3-5; col. 5, lines 36-44), the projection comprising an angled entry surface and an angled eject surface (see especially Figure 2 depicting angled surfaces of projection 121; col. 4, lines 37-46);
a goggle frame (110) comprising a goggle frame insert (111) extending between an upper portion and a lower portion of the goggle frame (see Figures 1-5; col. 3, lines 27-56; goggle frame insert 111 extends to at least some degree between upper and lower portions of goggle frame 110; it is respectfully noted that the term “portion” is very broad); and
a slider (130) at least partially disposed within the goggle frame insert (see especially Figures 2 and 4; col. 3, lines 27-56), the slider comprising an opening (131) configured to receive and retain the projection (see especially Figures 2 and 4; col. 4, lines 27-46), wherein the slider is depressible to translate relative to the goggle frame insert between a first position and a second position (see Figure 4 depicting slider 130 being maintained in the first position relative to goggle frame insert 111 via spring 140 and Figure 5 depicting slider 130 being pressed relative to goggle frame insert 111 to the second position, overcoming the force of spring 140; col 4, lines 10-15), and wherein the slider applies a force against the angled eject surface of the projection to eject the lens assembly outward from the goggle frame when the slider is translated to the second position (see especially Figures 2 and 5; col 4, lines 10-15 and 37-46; as depicted in Figures 2 and 5, protruding portion 150 of slider 130 applies a force against the angled surfaces of projection 121 ejecting lens assembly 120 outward from goggle frame 110 when slider 130 is pressed, the movement of protruding portion 150 of slider 130 against the angled surfaces of projection 121 and the forced outward ejection being emphasized by the arrows in Figure 5).
Han does not disclose a first plurality of magnetic elements coupled to the inner surface of the lens frame and a second plurality of magnetic elements coupled to the face gasket and the goggle frame insert and does not explicitly disclose a face gasket.
However, Langenwalter teaches a goggle (100) (see Figures 1-25; col. 2, line 56 – col. 18, line 14) comprising a first plurality of magnetic elements (154) coupled to an inner surface of the lens frame (see especially Figures 3-4) and a second plurality of magnetic elements (134) coupled to the goggle frame (see especially Figures 2 and 5) (see Figures 2-5; col. 4, line 33 – col. 7, line 36) and a face gasket (140) (see Figures 1-3; col. 5, lines 15-38).
Han and Langenwalter teach analogous inventions in the field of goggles. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the goggle of Han to include first and second pluralities of magnets as taught by Langenwalter because Langenwalter teaches that this configuration is known in the art and beneficial for providing a centering function between the lens frame and the goggle frame, which may help facilitate alignment of the lens frame and the goggle frame (col. 4, lines 48-53).
To claim 12, the modified invention of Han (i.e., Han in view of Langenwalter, as detailed above) further teaches a goggle wherein the slider is spring-biased (via spring 140 of Han) towards the first position (see especially Figures 4-5 and col. 3, line 57 – col. 4, line 3 of Han).
To claim 13, the modified invention of Han (i.e., Han in view of Langenwalter, as detailed above) further teaches a goggle wherein the goggle frame insert at least partially defines a side portion of the goggle frame (see Figures 1-5 of Han; goggle frame inserts 111 of Han can be considered to define various side portions of goggle frame 110 including top side portions, bottom side portions, left side portions, and right side portions, etc.; it is respectfully noted that the phrase “side portion” is very broad).
To claim 14, the modified invention of Han (i.e., Han in view of Langenwalter, as detailed above) further teaches a goggle wherein the face gasket comprises thermoplastic polyurethane (TPU) (col. 5, lines 15-38 of Langenwalter).
To claim 17, Han discloses a goggle (100) (see Figures 1-5; col. 2, line 46 – col. 5, line 55) comprising:
a lens assembly (120) comprising a lens frame (col. 5, lines 36-44) and at least one lens coupled to the lens frame (see Figures 1-5; col. 3, lines 3-5; col. 5, lines 36-44);
a goggle frame (110) configured for placement around eyes of a user and having a lower portion and an upper portion (see Figures 1-5; col. 2, line 65 – col. 3, line 5); and
an attachment mechanism configured to couple the lens assembly to the goggle frame, wherein the attachment mechanism comprises mechanical elements, wherein the mechanical elements comprise a slider (130) partially disposed within the goggle frame and a retention member (121) extending from an inner surface of the lens frame (see Figures 1-5; col. 3, lines 3-5 and 28-41; col. 5, lines 36-44), wherein the retention member comprises an angled entry ramp and an angled exit ramp (see especially Figure 2 depicting angled ramps of retention member 121; col. 4, lines 37-46),
wherein the slider is configured to translate relative to the goggle frame along a direction between the lower portion and the upper portion between a first position and a second position (see Figure 4 depicting slider 130 being maintained in the first position relative to goggle frame 110 via spring 140 and Figure 5 depicting slider 130 being pressed relative to goggle frame 110 to the second position, overcoming the force of spring 140; col 4, lines 10-15), and wherein the slider applies a force against the angled eject ramp to eject the lens assembly outward when the slider is translated to the second position (see especially Figures 2 and 5; col 4, lines 10-15 and 37-46; as depicted in Figures 2 and 5, protruding portion 150 of slider 130 applies a force against the angled surfaces of retention member 121 ejecting lens assembly 120 outward from goggle frame 110 when slider 130 is pressed, the movement of protruding portion 150 of slider 130 against the angled surfaces of retention member 121 and the forced outward ejection being emphasized by the arrows in Figure 5), and
wherein the slider is spring-biased toward the first position such that after ejection the slider automatically returns to the first position (see Figures 4-5 depicting the spring-biased action of slider 130 via spring 140 such that slider 130 returns to the first position as depicted in Figure 4 following ejection of retention member 121 as depicted in Figure 5, when a user removes their finger from slider 130).
Han does not expressly disclose a plurality of magnetic elements coupled to the lens frame and the goggle frame.
However, Langenwalter teaches a goggle (100) (see Figures 1-25; col. 2, line 56 – col. 18, line 14) comprising a first plurality of magnetic elements (154) coupled to an inner surface of the lens frame (see especially Figures 3-4) and a second plurality of magnetic elements (134) coupled to the goggle frame (see especially Figures 2 and 5) (see Figures 2-5; col. 4, line 33 – col. 7, line 36).
Han and Langenwalter teach analogous inventions in the field of goggles. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the goggle of Han to include first and second pluralities of magnets as taught by Langenwalter because Langenwalter teaches that this configuration is known in the art and beneficial for providing a centering function between the lens frame and the goggle frame, which may help facilitate alignment of the lens frame and the goggle frame (col. 4, lines 48-53).
To claim 19, the modified invention of Han (i.e., Han in view of Langenwalter, as detailed above) further teaches a goggle wherein the goggle frame comprises a face gasket (140 of Langenwalter) (see Figures 1-3 and col. 5, lines 15-38 of Langenwalter) and a pair of goggle frame inserts (111 of Han) coupled to the face gasket at either side of the goggle frame, wherein the slider is at least partially disposed within the goggle frame insert (see especially Figure 4 and col. 3, lines 28-41 of Han).
To claim 20, the modified invention of Han (i.e., Han in view of Langenwalter, as detailed above) further teaches a goggle wherein at least one magnetic element of the plurality of magnetic elements is coupled to the goggle frame insert (see Figures 2-5 and col. 4, line 33 – col. 7, line 36 of Langenwalter; it is respectfully noted that the term “coupled” is very broad and that in a fully-assembled configuration of the goggle, all elements of the goggle are considered to be “coupled” to all other elements of the goggle regardless of whether the particular elements are in direct physical contact).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRIFFIN HALL whose telephone number is (571)270-0546. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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/F Griffin Hall/Primary Examiner, Art Unit 3732
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