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 12/04/2024, 01/30/2025, 05/28/2025 and 10/10/2025 being considered by the examiner. A copy of initialed form is attached for Applicant’s record.
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 1-3, 5-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alcini (US 20160054585 A1 of record).
Regarding claim 1, Alcini discloses an Eyewear (figures 8-10) comprising:
a frame (22);
a temple (36); a hinge (60, 369) coupled between the frame (22) and the temple (36);
a recess (cavity 438)(figure 10); and
a cam (i.g., projection 430)(figure 10) configured to leverage the temple (36) away from the frame (22) in a hyperextended position and create a gap between the temple and the frame, wherein the cam is configured to engage and slide out of the recess when the temple rotates to the hyperextended position (when temple is in open hyperextended potion (i.e., a position that compress spring 384, the projection 430 will move inwardly closer to the top of detent 432; consequently, there is a gap between surface 420 and 344 of figure 10).
Regarding claim 2, Alcini discloses the eyewear of claim 1. Alcini further discloses wherein the cam (430) is positioned in the recess (438) when the temple is in an open position, and wherein the cam (430) is removed from the recess (438) in the hyperextended position (i.e., a position that compress spring 384, the projection 430 will move inwardly closer to the top of detent 432; consequently, there is a gap between surface 420 and 344 of figure 10).
Regarding claim 3, Alcini discloses the eyewear of claim 1. Alcini further discloses wherein the cam is not positioned in the recess when the temple is in a closed position (figures 17 and 18).
Regarding claim 5, Alcini discloses the eyewear of claim 1. Alcini further discloses wherein the gap (between 344 and 420) is created only when the temple (36) is in the hyperextended position (over open position).
Regarding claims 6 and 7, Alcini discloses the eyewear of claim 1. Alcini further discloses wherein the cam comprises a protrusion (430); wherein a shape of the protrusion is commensurate with a shape of the recess (figure 10).
Regarding claim 8, Alcini discloses the eyewear of claim 1. Alcini further discloses wherein the protrusion (438) is elongated, and the recess (430) is elongated and configured to guide the temple away from the frame in the hyperextended position to a/any angle.
Regarding claims 9 and 10, Alcini discloses the eyewear of claim 1. Alcini further discloses an extender (shaft 78) coupled to the temple (36) and configured to allow the temple (36) to extend away from the hinge (369, ) to the hyperextended position; wherein the extender (pin 370) includes a spring (384) configured to enable the temple (36) to radially extend from the hinge (362), and also create a bias force to retract the temple (36) toward the hinge (362).
Regarding claim 11, Alcini discloses the eyewear of claim 9. Alcini further discloses wherein the extender (pin 370) is coupled to the hinge (362), wherein the temple (36) is configured to extend along the extender (shaft 78) when extended to the hyperextended position (figure 11).
Regarding claim 12, Alcini discloses the eyewear of claim 11. Alcini further discloses a limit member (an enlarged head-shaped second end 80) configured to limit a travel distance of the temple along the extender (shaft 78).
Regarding claim 13, Alcini discloses the eyewear of claim 11. Alcini further discloses wherein the extender comprises a bushing (tab 380 against the spring 384) coupled to the temple, the bushing (380) encompassing a spring (384) configured to extend about the extender (370).
Regarding to claim 14, Alcini discloses the eyewear of claim 1 and method thereof comprising of moving the temple to a hyperextended position (common step for using an eyewear), whereby such that the cam (430) engages and slides out of the recess (438) (figures 10 and 11).
Regarding claim 15, Alcini discloses the method of claim 14. Alcini further discloses wherein the cam (430) is positioned in the recess (438) when the temple is in an open position, and wherein the cam (430) is removed from the recess (438) in the hyperextended position (when spring 384 compressed all the way; figure 10).
Regarding claim 16, Alcini discloses the method of claim 14. Alcini further discloses wherein the cam (430) is not positioned in the recess (438) when the temple is in a closed position (figure 17, 18).
Regarding claim 18, Alcini discloses the method of claim 14. Alcini further discloses wherein the gap (i.g., there is a gap between surface 420 and 344 of figure 10) is created only when the temple (36) is in the hyperextended position (when spring 384 compressed all the way; figure 10).
Regarding claim 19, Alcini discloses the method of claim 14. Alcini further discloses wherein the cam (430) comprises a protrusion (figure 10).
Regarding claim 20, Alcini discloses the method of claim 14. Alcini further discloses wherein a shape of the protrusion (430) is commensurate with a shape of the recess (438)(figure 10).
Allowable Subject Matter
Claims 4 and 17 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.
The following is a statement of reasons for the indication of allowable subject matter: (claim 4) wherein the recess is disposed in the temple; (claim 17) wherein the recess is disposed in the temple.
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
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