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 May 14, 2024 has been considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means to adjust an amount of compressive force” in claim 48.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 41 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.
It is unclear how the “enlarged circular post head” can have a diameter that is larger than a diameter of itself (“enlarged circular post head”), therefore the claim is indefinite.
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 42, 44, 46 and 47 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Simioni (U.S. Patent Number 5,596,789).
With regard to independent claim 42, Simioni teaches a joint (Figure 2, element 1) for coupling a side arm (Figure 2, element 3) to a frame of a pair of glasses (column 1, lines 6-9 and Figure 2, element 11), said joint comprising: a post configured to be secured to one of said side arm or said frame (Figure 2, element 7), said post including a post shaft (Figure 2, element 6) and an enlarged circular post head at a distal end of said post shaft (Figure 2, element 5); and a plurality of prongs configured to be secured to the other of said side arm or said frame (Figure 2, element 12), each of said plurality of prongs including a prong shaft (see annotated Figure 2 below) and an enlarged prong head (see Figure 2 below); wherein said plurality of prongs define a socket configured to receive and retain said enlarged circular post head such that said enlarged circular post head tangentially contacts one or more arcuate portions of each of said plurality of prongs (see annotated Figure 2 below, element 10).
PNG
media_image1.png
647
812
media_image1.png
Greyscale
With regard to dependent claim 44, although Simioni teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 42 above, Simioni fails to explicitly teach such a joint wherein said enlarged circular post head only tangentially contacts said one or more arcuate portions of said plurality of prongs. However, it should be noted that Simioni does teach the enlarged circular head (Figure 2, element 5) to be elastically interconnected to the socket (Figure 2, element 10 and column 3, lines 26-32) creating a tangential contact between the circular post head and the plurality of prongs.
With regard to dependent claim 46, Simioni teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 42 above, and further teaches such a joint wherein said plurality of prongs are configured to apply a compressive force against said enlarged circular post head (column 3, lines 26-32).
With regard to independent claim 47, Simioni teaches a joint (Figure 2, element 1) for coupling a side arm (Figure 2, element 3) to a frame of a pair of glasses (column 1, lines 6-9 and Figure 2, element 11), said joint comprising: a post configured to be secured to one of said side arm or said frame (Figure 2, element 7), said post including a post shaft (Figure 2, element 6) and an enlarged circular post head at a distal end of said post shaft (Figure 2, element 5); and three prongs configured to be secured to the other of said side arm or said frame (Figure 2, element 12), each of said three prongs including a prong shaft (see annotated Figure 2 above) and an enlarged prong head (see Figure 2 above); wherein said three prongs define a socket configured to entrap said enlarged circular post head such that said enlarged circular post head only tangentially contacts one or more arcuate portions of each of said three prongs (see annotated Figure 2 above, element 10).
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 29, 31 and 33-37 are rejected under 35 U.S.C. 103 as being unpatentable over Simioni (U.S. Patent Number 5,596,789).
With regard to independent claim 29, although Simioni teaches a joint (Figure 2, element 1) for coupling a side arm (Figure 2, element 3) to a frame of a pair of glasses (column 1, lines 6-9 and Figure 2, element 11), said joint comprising: a post configured to be secured to one of said side arm or said frame (Figure 2, element 7), said post including a post shaft (Figure 2, element 6) and an enlarged circular post head (Figure 2, element 5); and a plurality of prongs configured to be secured to the other of said side arm or said frame (Figure 2, element 12), each of said plurality of prongs including a prong shaft (see annotated Figure 2 above) having prong head (see annotated Figure 2 above); wherein said plurality of prongs define a socket configured to receive and retain said enlarged circular post head such that said enlarged circular post head tangentially contacts said plurality of prongs (see annotated Figure 2 above, element 10), Simioni fails to teach such a joint wherein the post shaft, the prong shaft and prong head have circular cross-sections. However, it has been held that such a modification would have involved a mere change in the shape of a component wherein a change in shape is generally recognized as being within the level of ordinary skill in the art (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention, to modify the joint for coupling a side are to a frame of a pair of glasses, as taught by Simioni, such that the post shaft, the prong shaft and prong head have circular cross-sections as a known alternative.
With regard to dependent claim 31, although Simioni teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 29 above, Simioni fails to explicitly teach such a joint wherein said enlarged circular post head only tangentially contacts said plurality of prongs. However, it should be noted that Simioni does teach the enlarged circular head (Figure 2, element 5) to be elastically interconnected to the socket (Figure 2, element 10 and column 3, lines 26-32) creating a tangential contact between the circular post head and the plurality of prongs.
With regard to dependent claim 33, Simioni teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 29 above, and further teaches such a joint wherein said plurality of prongs are configured to apply a compressive force against said enlarged circular post head (column 3, lines 26-32).
With regard to dependent claim 34, Simioni teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 29 above, and further teaches such a joint wherein said socket has a diameter defined by said plurality of prongs which is smaller than a diameter of said enlarged circular post head (column 2, lines 53-55 and column 3, lines 26-32).
With regard to dependent claim 35, Simioni teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 29 above, and further teaches such a joint wherein said plurality of prongs includes three prongs (Figure 2, element 12).
With regard to dependent claim 36, Simioni teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 35 above, and further teaches wherein said enlarged circular post head is disposed at a distal end of said post shaft (Figure 2, wherein element 5 is disposed on the distal end of element 7).
With regard to dependent claim 37, although Simioni teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 36 above, and further teaches wherein said enlarged prong heads are disposed at a distal end of said prong shafts (see annotated Figure 2 above, wherein element 12 has prong heads disposed on their distal ends), Simioni fails to teach wherein the prong heads are circular. Again, it has been held that such a modification would have involved a mere change in the shape of a component wherein a change in shape is generally recognized as being within the level of ordinary skill in the art (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention, to modify the joint for coupling a side are to a frame of a pair of glasses, as taught by Simioni, such that the prong heads have circular cross-sections as a known alternative.
Allowable Subject Matter
Claims 30, 32, 38-40, 43, 45 and 48 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 41 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art taken either singularly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 U.S.C. §102 or §103 would be proper.
With regard to dependent claims 30, 32 and 38-40, although the prior art teaches a joint for coupling a side arm to a frame of a pair of glasses, said joint comprising: a post configured to be secured to one of said side arm or said frame, said post including a post shaft having a circular cross-section and an enlarged circular post head; and a plurality of prongs configured to be secured to the other of said side arm or said frame, each of said plurality of prongs including a prong shaft having a circular cross-section and an enlarged circular prong head; wherein said plurality of prongs define a socket configured to receive and retain said enlarged circular post head such that said enlarged circular post head tangentially contacts said plurality of prongs, the prior art fails to teach such a joint wherein: wherein said enlarged circular post head tangentially contacts said circular cross-section of said prongs shafts and tangentially contacts said enlarged circular prong heads, as claimed in dependent claim 30; wherein said enlarged circular post head tangentially contacts said circular cross-section of said prongs shafts and tangentially contacts said enlarged circular prong heads, as claimed in dependent claim 32; wherein at least a portion of at least one of said plurality of prongs includes a threaded region configured to engage with a threaded region of said nut, wherein advancing said nut along said threaded region of said at least one prong adjusts a compressive force applied against said enlarged circular post head, as claimed in dependent claim 38; or further comprising: a base, wherein said plurality of prongs extend from said base; and a nut configured to generate said compressive force applied by said plurality of prongs; wherein said base further includes a threaded region configured to engage with a threaded region of said nut, s claimed in dependent claims 39 and 40.
With regard to dependent claims 43 and 45, although the prior art teaches a joint for coupling a side arm to a frame of a pair of glasses, said joint comprising: a post configured to be secured to one of said side arm or said frame, said post including a post shaft and an enlarged circular post head at a distal end of said post shaft; and a plurality of prongs configured to be secured to the other of said side arm or said frame, each of said plurality of prongs including a prong shaft and an enlarged prong head; wherein said plurality of prongs define a socket configured to receive and retain said enlarged circular post head such that said enlarged circular post head tangentially contacts one or more arcuate portions of each of said plurality of prongs, the prior art fails to teach such a joint wherein: said enlarged circular post head tangentially contacts an arcuate position of said prongs shafts and tangentially contacts an arcuate portion of said enlarged prong heads, as claimed in dependent claims 43 and 45.
With regard to dependent claim 48, although the prior art teaches a joint for coupling a side arm to a frame of a pair of glasses, said joint comprising: a post configured to be secured to one of said side arm or said frame, said post including a post shaft and an enlarged circular post head at a distal end of said post shaft; and three prongs configured to be secured to the other of said side arm or said frame, each of said three prongs including a prong shaft and an enlarged prong head at a distal end of said prong shaft; wherein said three prongs define a socket configured to entrap said enlarged circular post head such that said enlarged circular post head only tangentially contacts one or more arcuate portions of each of said three prongs, the prior art fails to teach such a joint further includes means to adjust an amount of compressive force applied by said three prongs against said enlarged circular post head.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ginocchio (U.S. Patent Number 11,042,043), Curci et al (U.S. Patent Number 7,237,892), Chao (U.S. Patent Number 5,627,608), Guerin et al (U.S. Patent Publication 2021/0033884) and Oura et al (U.S. Patent Publication 2005/0243271) all teach joints for coupling a side arm to a frame of a pair of glasses.
Sorensen et al (U.S. Patent Number 6,665,993) teaches a joint for connecting structures and having a post shaft having an enlarged circular post head.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRYL J COLLINS whose telephone number is (571) 272-2325. The examiner can normally be reached M-Th 5:30 a.m. - 4:00 p.m.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky L Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DARRYL J COLLINS/Primary Examiner, Art Unit 2872
03 March 2026