DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/16/2024 being considered by the examiner. A copy of initialed form is attached for Applicant’s record.
Claim Objections
Claim 1 is objected to because of the following informalities:
“the head-gripping band” is not previously defined. For purpose of examination, “the head-gripping band” is interpreted as ---the head-gripping member---. Or appropriate correction is required.
Claims 1, 10 and 12 disclose “each L-shaped bracket comprising a first projection and a second projection, wherein the first projection is located on a first L-shaped bracket arm … and wherein the second projection is located on a second L-shaped bracket arm…”. Specification does not define term “first L-shaped bracket arm” and “second L-shaped bracket arm”, Figure 2 showing first and second projections are on each or same L-shaped bracket arm. 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.
Claim 8 is 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 8 is not clearly defined. The functional statement "configured to rotate, when moved in use, between the inactive and active positions, about a point located between the first and second projections, or about a point located on the head-gripping member equidistant between the two brackets" does not enable the skilled person to determine which technical features are necessary to perform the stated function.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-8 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thiruppathi (US 20210191147 A1 of record).
Regarding claim 1, Thiruppathi discloses a spectacles supporting headband (14)(figure 1), for use with spectacles of the type which comprises lenses, a bridge, and two arms positionable over a wearer's ears in use (10)(figure 1), the spectacles supporting headband comprising a head-gripping member (16)(figure 2; par.[0047]) and two L-shaped brackets (16a, 16f)(figure 2; par.[0050]), each bracket comprising a first projection (18 and 20 comprising 18b, 18c, 20b, 20c)(figure 2; par.[0047])(portions 18b and 20b in figure 2 forming the L-shape for brackets (16a, 16f)), the spectacles supporting headband configured to move between an inactive position, and an active position, relative to a user's head, wherein, in the active position, each first projection is configured to support a respective arm of the spectacles, such that the spectacles are lifted, and held, off the ears of a user (par.[0069-0070]), and wherein each bracket also comprises a second projection (22c, 24c)(figure 2; par.[0068]) configured to grip the respective spectacles arm between it and the first projection, the projections being in fixed locations relative to the headband (figure 2), to thereby prevent the respective arm of the spectacles tilting relative to the head-gripping member (par.[0067]).
Regarding claim 2, Thiruppathi discloses the spectacles supporting headband according to claim 1. Thiruppathi further discloses wherein each first projection is configured to support a respective arm of the spectacles in use, such that the spectacles are lifted, and held, off the nose (figure 4B, para.[0068]).
Regarding claim 3, Thiruppathi discloses the spectacles supporting headband according to claim 2. Thiruppathi further discloses wherein the first projection (18c, 20c) and second projections (22c, 24c) extend outwardly from the user's head, in use (figure 2).
Regarding claim 4, Thiruppathi discloses the spectacles supporting headband according to claim 3. Thiruppathi further discloses wherein headband (14) configurable such that in use each first projection extends underneath the respective arm of the spectacles, and each second projection extends above the respective arm of the spectacles (figure 3D, para.[0067]).
Regarding claim 5, Thiruppathi discloses the spectacles supporting headband according to claim 1. Thiruppathi further discloses wherein the head-gripping member comprises an open loop of resilient material configured to fit snugly around a user's head in use (para.[0053], [0055]).
Regarding claim 6, Thiruppathi discloses the spectacles supporting headband according to claim 1. Thiruppathi further discloses configured such that in use the first projections (20c) are located between the user's ears and their face (figure 1).
Regarding claim 7, Thiruppathi discloses the spectacles supporting headband (14) according to claim 3. Thiruppathi further discloses wherein the headband (14) configured such that in use the second projections (22c, 24c) are located behind the first projections (18c, 20c).
Regarding to claim 8, Thiruppathi discloses the spectacles supporting headband according to claim 7. Since Thiruppathi discloses similar apparatus, Thiruppathi’s device is inherently configurable to rotate, when moved in use, between the inactive and active positions, about a point located between the first and second projections, or about a point located on the head-gripping member equidistant between the two brackets.
Regarding claim 12, Thiruppathi discloses a method of adjusting the position of a pair of spectacles on the head of a user, the method comprising the steps of
providing a spectacles supporting headband (14)(figure 1) , for use with spectacles of the type which comprises lenses, a bridge, and two arms positionable over a wearer's ears in use (10)(figure 1), the spectacles supporting headband comprising a head-gripping member (16)(figure 2)(par.[0047]) and two L-shaped brackets (par.[0050])(16a, 16f of figure 2, corresponding to 316a and 316f of figure 8), each L-shaped bracket comprising a first projection (18, 20)(figure 2)(par.[0047]) and a second projection (22, 24)(figure 2)(par.[0068]), wherein the first projection (18, 20) is located on a first L-shaped bracket arm (figure 8) and projects radially outward from the head-gripping band, and outwardly from the user's head, in use, and wherein the second projection (22, 24) is located on a second L-shaped bracket arm (figure 8) and projects radially outward from the head-gripping band, wherein the second projection (22, 24) is located behind the first projection (18, 20); the method further comprising the steps of:
placing the head-gripping member (16) around the user's head such that the first projections are above the level of the top of the user's ear (see figure 2);
placing a pair of spectacles on the user's head such that the first projections (18, 20) contact the undersides of the arms (12) of the spectacles, and the second projections (22, 24) contact the upper sides of the arms (12) of the spectacles;
rotating (adjusting up/down) the spectacles supporting headband (16) relative to the user's head about the point located on the head-gripping member, such that the lenses are in front of the user's eyes, and the arms (12) of the spectacles are held away from the user's ears (par.[0010], [0066], [00069]).
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.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Thiruppathi, as applied to claim 1 above.
Regarding claim 9, Thiruppathi discloses the spectacles supporting headband according to claim 1, with the first projection (20c), except for the shape of the first projection comprising rounded profile to aid its rotation relative to the respective arm of the spectacles, in use, as the spectacles supporting headband is moved between the inactive and active positions. However, the shape or size differences are considered obvious design choices and are not patentable unless unobvious or unexpected results are obtained from these changes.
Making it a round shapes from rectangular shapes would be trivial for the skilled person where simple modification of size has been held per se obvious (MPEP 2144.04). Therefore, it would have been obvious to someone have ordinary skill in the art at the time of the invention to change the shape of the projector from rectangular to round for purpose of optimum the performance.
Regarding claim 10, Thiruppathi discloses a method of adjusting the position of a pair of spectacles on the head of a user, the method comprising the steps of
providing a spectacles supporting headband (14)(figure 1), for use with spectacles of the type which comprises lenses, a bridge, and two arms positionable over a wearer's ears in use(10)(figure 1), the spectacles supporting headband comprising a head-gripping member and two L-shaped brackets, each L-shaped bracket comprising a first projection (18 and 20 comprising 18b, 18c, 20b, 20c)(figure 2; par.[0047])(portions 18b and 20b in figure 2 forming the L-shape for brackets (16a, 16f)) and a second projection (22c, 24c)(figure 2; par.[0068]), wherein the first projection is located on a first L-shaped bracket arm and projects radially outward from the head-gripping band (16)(figure 2; par.[0047]) and two L-shaped brackets (16a, 16f)(figure 2; par.[0050]), and outwardly from the user's head, in use, and wherein the second projection (24c) is located on a second L-shaped bracket arm (figure 8) and projects radially outward from the head-gripping band (16 corresponding to item 316 of figure 8), wherein the second projection (24c corresponding to item 324 if figure 8) is located behind the first projection; the method further comprising the steps of:
placing the head-gripping member around the user's head such that the first projections are below the level of the top of the user's ear; placing a pair of spectacles on the user's head such that the lenses are in front of the user's eyes;
rotating the spectacles supporting headband relative to the user's head such that the first projections contact the undersides of the arms of the spectacles and lift them away from the user's ears (para.[0010], [0066], [0069]).
However, Thiruppathi does not disclose a step of placing the head-gripping member around the user's head such that the first projections are below the level of the top of the user's ear; placing a pair of spectacles on the user's head such that the lenses are in front of the user's eyes. However, the headband of Thiruppathi provides the same technical functionality as the device of the claimed invention, depending solely on the position of the headband on the users head. Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed invention, to lower the first projection below the temple since the device of Thiruppathi can be used in arbitrary ways depending on the user (who has not even to be a person skilled in the art), one of them being that the first projection is below the level of the top of the ears when the spectacles are mounted for purpose of easily passing the temple between the projections by simply trying different ways of using the device.
Regarding claim 11, Thiruppathi discloses the method of claim 10, further comprising the step of further rotating the spectacles supporting headband relative to the user's head so that the second projections contact the upper sides of the arms of the spectacles, such that each arm of the spectacles is gripped between the first and second projections (par.[0067])(figure 1)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUYEN TRA whose telephone number is (571)272-2343. The examiner can normally be reached M-F 10-6.
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/TUYEN TRA/Primary Examiner, Art Unit 2872