DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119 (a) — (d), which papers have been placed of record in the file. Oath/Declaration
Oath/Declaration
2. Oath and declaration filed on 12/16/2024 is accepted.
Information Disclosure Statement
3. The prior art documents submitted by application in the Information Disclosure Statement filed on 12/16/2024 have all been considered and made of record ( note the attached copy of form PTO – 1449).
Claim Rejections - 35 USC § 102
4. 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.
Claim(s) 17-19,21,24,28,29,31 and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sportive design GMBH (DE 298 02 163 U1) (Note applicant provide).
.
Regarding claim 17, Sportive design GMBH A( DE 298 02 163 U1 ) discloses a nose pad for eyeglasses (5- in figure 3), comprising an element provided with at least one pair of arms (19- figure 3) and configured to be fixed to a frame of a pair of eyeglasses (1-figure 1), each one of said arms being provided with rotation means (paragraph 16. 10 -figure 3), at least one pair of accommodation means being provided which are adapted to be engaged by rotation means (implicit) for an independent adjustment of each one of said accommodation means around said rotation means (implicit).
Regarding claim 18, Sportive design GMBH A (DE 298 02 163 U1) discloses, wherein said accommodation means comprise at least one pair of retention means which are adapted to be engaged by said rotation means, said retention means being configured to rest on the nose of the user (5,6,12,13 – in figure 3).
Regarding claim 19, Sportive design GMBH A (DE 298 02 163 U1) discloses, wherein said accommodation means comprise at least one pair of retention means which are adapted to be engaged by said rotation means, and at least one pair of wings which are configured to receive said retention means, said wings being configured to rest on the nose of the user (5,6,12,13- in figure 3).
Regarding claim 21, Sportive design GMBH A (DE 298 02 163 U1) wherein said rotation means comprise a pair of substantially spherical connecting elements which are each arranged at an end of one of said arms, said substantially spherical connecting elements being adapted to engage in said retention means (paragraph 9).
Regarding claim 24, Sportive design GMBH A (DE 298 02 163 U1) discloses wherein each of said retention means comprises a cavity which is adapted to be engaged by a respective connecting element (implicit for ball joint , para 9).
Regarding claim 28, Sportive design GMBH A (DE 298 02 163 U1) discloses wherein said cavities of said retention means which are adapted to accommodate said cylindrical connecting elements are substantially rectangular in shape (i.e., common material).
Regarding claim 29, Sportive design GMBH A (DE 298 02 163 U1) wherein said retention means and said wings are made of rubber or plastic or gel or silicone (figure 3).
Regarding claim 31, Sportive design GMBH A (DE 298 02 163 U1) discloses wherein said wings are configured to be uncoupled from respective cylindrical connecting elements arranged at the ends of the arms of the element that is fixed to the frame of the eyeglasses see in figure 3).
Regarding claim 32, Sportive design GMBH A (DE 298 02 163 U1) eye glasses, comprising a pair of nose pads (see in figure 3).
Claim Rejections - 35 USC § 103
5.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) 20,22,23 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Sportive design GMBH ( DE 298 02 163 U1 ) in view of Chen (2015/0049298 A1).
Regarding claim 20, Sportive design GMBH (DE 298 02 163 U1 discloses all of the claim except, cylindrical connecting elements being adapted to engage in retention means.
Chen discloses cylindrical connecting elements being adapted to engage in retention means (figure 3, figure 10, paragraph 0036).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching cylindrical connecting elements being adapted to engage in retention means in to the Sportive design GMBH a nose pad for eyeglasses for improvement the non-adjustable nose pad as taught by Chen (paragraph 0007).
Regarding claim 22, Sportive design GMBH (DE 298 02 163 U1 discloses all of the claim except, wherein retention means are adapted to be accommodated in seats defined in wings.
Chen discloses wherein retention means are adapted to be accommodated in seats defined in wings (figure 3, figure 10, paragraph 0036).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching wherein retention means are adapted to be accommodated in seats defined in wings in to the Sportive design GMBH a nose pad for eyeglasses for improvement the non-adjustable nose pad as taught by Chen (paragraph 0007).
Regarding claim 23, Sportive design GMBH (DE 298 02 163 U1) discloses all of the claim except wherein said retention means are adapted to be accommodated in said seats defined in said wings by way of shape mating.
Chen discloses retention means are adapted to be accommodated in said seats defined in said wings by way of shape mating (figure 3, figure 10, paragraph 0036).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching retention means are adapted to be accommodated in said seats defined in said wings by way of shape mating in to the Sportive design GMBH a nose pad for eyeglasses for improvement the non-adjustable nose pad as taught by Chen (paragraph 0007).
Regarding claim 30, Sportive design GMBH (DE 298 02 163 U1) discloses wherein arms which end with connecting elements are curved so as to be directed toward the Chen discloses nose of the user when the user wears eyeglasses provided with said nose pad.
Chen discloses arms which end with connecting elements are curved so as to be directed toward the nose of the user when the user wears eyeglasses provided with nose pad (figure 3, figure 10, paragraph 0036).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching arms which end with connecting elements are curved so as to be directed toward the nose of the user when the user wears eyeglasses provided with nose pad in to the Sportive design GMBH a nose pad for eyeglasses for improvement the non-adjustable nose pad as taught by Chen (paragraph 0007).
Claim(s) 25 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Sportive design GMBH (DE 298 02 163 U1) in view of KR 101 697 475 B1.
Regarding claim 25, Sportive design GMBH (DE 298 02 163 U1) discloses all of the claim except wherein retention means comprise a perimetric raised portion adapted to engage in an undercut defined in the seats of wings.
KR 101 697 475 B1 discloses wherein retention means comprise a perimetric raised portion adapted to engage in an undercut defined in the seats of wings.
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching wherein retention means comprise a perimetric raised portion adapted to engage in an undercut defined in the seats of wings in to the Sportive design GMBH a nose pad for eyeglasses for improvement the non-adjustable as taught by KR 101 697 475 B1.
Regarding claim 26, Sportive design GMBH (DE 298 02 163 U1) discloses all of the claim except wherein element provided with pair of arms is further provided with at least one pair of fixing means which are adapted to allow stable coupling with frame.
wherein element provided with pair of arms is further provided with at least one pair of fixing means which are adapted to allow stable coupling with frame.
KR 101 697 475 B1 discloses wherein element provided with pair of arms is further provided with at least one pair of fixing means which are adapted to allow stable coupling with frame.
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching wherein element provided with pair of arms is further provided with at least one pair of fixing means which are adapted to allow stable coupling with frame in to the Sportive design GMBH a nose pad for eyeglasses for improvement the non-adjustable as taught by KR 101 697 475 B1.
Claim(s) 27 is rejected under 35 U.S.C. 103 as being unpatentable over Sportive design GMBH (DE 298 02 163 U1) in view of FR 2 820 835 A1.
Regarding claim 27, Sportive design GMBH (DE 298 02 163 U1) discloses all of the claimed except wherein arms are three in number.
FR 2 820 835 A1 discloses wherein arms are three in number.
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching wherein arms are three in number in to the Sportive design GMBH a nose pad for eyeglasses for improvement the non-adjustable as taught by FR 2 820 835 A1.
Conclusion
6.Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.
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/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 7/21/2026
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