DETAILED ACTION
This is a non-final Office action for Application 18/923,714 filed 10/23/2024.
Status of Claims
Claims 1-10 are pending;
Claims 1-10 are original;
Claims 1-10 are rejected herein.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations "the extension portion is configured generally as a plane" (claim 6, line 2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: "71" (Figure 9).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: "31" (page 5, line 11); "32" (page 5, line 11).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as "amended." If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Page 5, line 34, "port 427" appears to be --portion 427--.
Page 7, line 19, "as w whole" appears to be --as a whole--.
Appropriate correction is required.
Claim Objections
Claims 1-8 are objected to because of the following informalities:
Claim 1, line 5, it is advised that "characterized in that," be changed to --wherein--.
Claims 2-8, line 1, it is advised that "characterized in that," be changed to --wherein--.
Appropriate correction is required.
Claim Interpretation
Regarding claim 8, the limitations "the first elastic cushion and/or the second elastic cushion are silicone cushions" in lines 1 and 2 are interpreted as --the first elastic cushion is a silicone cushion and/or the second elastic cushion is a silicone cushion--.
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.
Claims 1-10 are 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.
Regarding claim 1, the limitations "the first elastic cushion comprises a solid portion, an extension portion and a tail portion, which enclose to form a cavity" in lines 6 and 7 are indefinite. Firstly, it is not clear as to which particular elements (e.g., (A) the "solid portion," the "extension portion," and the "tail portion" or (B) the "extension portion" and the "tail portion") the term "which" in line 7 refers to. Secondly, the term "enclose" is a transitive verb. As such, it is not clear as to what element(s) is being enclosed by the term "which" in line 7. It is required that Applicant clarify the instant limitations. Appropriate correction is required.
Regarding claim 1, the limitations "the extension portion and the second elastic cushion form a clamping space at a corresponding position, and the extension portion will be squeezed to deform when eyeglasses slide into the clamping space" in lines 7-9 are indefinite. Firstly, it is not clear as to how the "extension portion and the second elastic cushion form a clamping space at a corresponding position" as claimed. As best understood, the extension portion (426) abuts against the second elastic cushion (5) when there are no eyeglasses placed therebetween. A clamping space between the extension portion and the second elastic cushion is formed by placement of eyeglasses between the extension portion and the second elastic cushion and subsequent deformation of the extension portion and the second elastic cushion. Does claim 1 directed to the vehicle-mounted eyeglasses holder with eyeglasses placed between the extension portion and the second elastic cushion, as shown in Figure 9, since the formation of the "clamping space" requires the eyeglasses? Secondly, what is "a corresponding position" as claimed? What elements does the term "corresponding" in line 8 refer to? Thirdly, as previously mentioned, the placement of the eyeglasses causes the extension portion and the second elastic cushion to deform and subsequently forming a clamping space therebetween, with the eyeglasses being merely positioned within the clamping space. It is not clear as to how "eyeglasses slide into the clamping space" as claimed. Similar rejection applies to the limitations "guiding the eyeglasses to slide into the clamping space" in claim 1 (line 11). Fourthly, the limitations "when eyeglasses slide into the clamping space" in line 9 positively recite the "eyeglasses" as a required structure within the scope of claim 1, since the term "when" in the instant case introduces a positive recitation of the "eyeglasses" thereafter. However, the preamble of claim 1 recites "[a] vehicle-mounted eyeglasses holder" in line 1. As such, the positive recitation of the "eyeglasses" in the body of claim 1 renders the scope of claim 1 indefinite. It is not clear as to whether claim 1 is directed to a combination of the "vehicle-mounted eyeglasses holder" and the "eyeglasses" or directed to a subcombination of the "vehicle-mounted eyeglasses holder" adapted to be used with the "eyeglasses." Applicant is advised to clearly claim the combination or properly place the "eyeglasses" in intended use in the claim. For the purpose of examination, based on the positive recitation of the "eyeglasses" in the body of claim 1 and the positive recitation of the "clamping space" whose formation requires the "eyeglasses," claim 1 is considered as directed to a combination of the "vehicle-mounted eyeglasses holder" and the "eyeglasses." Appropriate correction is required.
Regarding claim 2, there is insufficient antecedent basis for the limitation "the position" (claim 2, lines 2 and 3) in the claim. Appropriate correction is required.
Regarding claim 3, there is insufficient antecedent basis for the limitation "the position" (claim 3, line 2) in the claim. Appropriate correction is required.
Regarding claim 4, the limitations "a position where the solid portion is connected with the cavity" in lines 2 and 3 are indefinite. It is not clear as to how the solid portion (423) is "connected" to the "cavity" (425). There does not appear to be a connection between the solid portion and a space, i.e., the cavity. What does the term "connected" mean in the instant case? Appropriate correction is required.
Regarding claim 6, the limitations "the extension portion is configured generally as a plane" in line 2 are indefinite. As shown in Figures 1, 2, 6, and 9, the extension portion (426) appears to be curved. It is not clear as to how "the extension portion is configured generally as a plane" as claimed. At best, the extension portion appears to extend substantially horizontally in the cross-sectional view of the first elastic cushion (4) as shown in Figure 7. The extension portion is simply not configured generally as a plane. Appropriate correction is required.
Regarding claim 7, there is insufficient antecedent basis for the limitation "the structure" (i.e., a part of "the structure of the second elastic portion" in claim 7, line 2) in the claim. Appropriate correction is required.
Regarding claim 7, there is insufficient antecedent basis for the limitation "the structure" (i.e., a part of "the structure of the first elastic portion" in claim 7, line 2) in the claim. Appropriate correction is required.
Regarding claim 9, the limitations "further comprising a fixing piece, via which the first elastic cushion is connected to the first arm and/or the second elastic cushion is fixedly connected to the second arm" in lines 1-3 are indefinite. Firstly, as best understood, the claimed "fixing piece" appears to be a structural component of the "first arm" (1) or a structural component of the "second arm" (2). It is not clear as to how the vehicle-mounted eyeglasses holder can "further" comprise "a fixing piece" in addition to the first arm and the second arm recited in claim 1. Secondly, it is not clear as to how the term "and/or" in line 2 makes any sense in the instant case, since claim 9 recites one fixing piece, i.e., "a fixing piece" in lines 1 and 2. Instead, "or" makes more sense in the instant case where one fixing piece is claimed. Appropriate correction is required.
Claims 5, 8, and 10 are rejected as being dependent from a rejected claim.
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 1-10, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Veharvim Sunglass Holder for Car (One-Handed-Operation, Gentle & Secure Hold, Silicone Padded, Universal Fit, Metal Clip) Visor Sunglass Holder Clip, Visor Sunglass Car (Black, 2 Pack), publicly available 09/04/2023, at https://www.amazon.com/Veharvim-Sunglasses-One-Handed-Accessories-Durability/dp/B0CH86YBZM, hereinafter Veharvim.
Regarding claim 1, Veharvim discloses a vehicle-mounted eyeglasses holder (10; see annotated pictures and video screenshots below; also see the description provided in the copy of Veharvim), comprising a first arm (20), a second arm (30), a hinge part (40), a first elastic cushion (50) and a second elastic cushion (60), the first arm and the second arm being connected via the hinge part (see pictures, see videos), the first elastic cushion being fixedly connected to the first arm (see pictures, see videos), the second elastic cushion being fixedly connected to the second arm (see pictures, see videos), and the first elastic cushion abutting against the second elastic cushion (see pictures, see videos), characterized in that, the first elastic cushion comprises a solid portion (51), an extension portion (52) and a tail portion (53), which enclose to form a cavity (54); the extension portion and the second elastic cushion form a clamping space (55) at a corresponding position, and the extension portion will be squeezed to deform when eyeglasses (70) slide into the clamping space (see pictures, see videos, see description); the solid portion is arranged at an open end (80) of the vehicle-mounted eyeglasses holder (see pictures, see videos), and comprises an outer guide inclined surface (56) for guiding the eyeglasses to slide into the clamping space (see pictures, see videos), and the outer guide inclined surface extends to form the extension portion (see pictures, see videos).
[AltContent: textbox (21 – Fixing Piece)]
[AltContent: arrow][AltContent: textbox (20 – First Arm)]
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[AltContent: textbox (50 – First Elastic Cushion)]
[AltContent: textbox (60 – Second Elastic Cushion)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (30 – Second Arm)]
[AltContent: textbox (90 – Clip)][AltContent: arrow]
[AltContent: arrow]
[AltContent: arrow]
[AltContent: textbox (40 – Hinge Part)]
[AltContent: arrow]
[AltContent: textbox (See Page 13 of Veharvim)]
[AltContent: textbox (57 – Inner Guide Inclined Surface)][AltContent: textbox (54 – Cavity)][AltContent: arrow][AltContent: textbox (53 – Tail Portion)]
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[AltContent: arrow][AltContent: arrow][AltContent: arrow]
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[AltContent: textbox (51 – Solid Portion)]
[AltContent: textbox (52 – Extension Portion)]
[AltContent: textbox (56 – Outer Guide Inclined Surface)]
[AltContent: textbox (See Page 12 of Veharvim)]
[AltContent: textbox (80 – Open End)][AltContent: arrow][AltContent: textbox (55 – Clamping Space)]
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[AltContent: textbox (70 – Eyeglasses)]
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[AltContent: textbox (10 – Vehicle-Mounted Eyeglasses Holder)]
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[AltContent: textbox (See Page 1 of Veharvim)]
Regarding claim 2, characterized in that, the first elastic cushion and the second elastic cushion abut against each other at least at the position of the solid portion (see pictures, see videos).
Regarding claim 3, characterized in that, the first elastic cushion and the second elastic cushion abut against each other at the position of the extension portion (see pictures, see videos).
Regarding claim 4, characterized in that, an inner guide inclined surface (57) is formed at a position where the solid portion is connected with the cavity (see pictures, see videos).
Regarding claim 5, characterized in that, the solid portion is arranged in a generally arch shape by means of the outer guide inclined surface and the inner guide inclined surface (see pictures, see videos).
Regarding claim 6, characterized in that, the extension portion is configured generally as a plane (see pictures, see videos).
Regarding claim 7, characterized in that, the structure of the second elastic cushion and the structure of the first elastic cushion are arranged in mirror (see pictures, see videos).
Regarding claim 8, characterized in that, the first elastic cushion and/or the second elastic cushion are silicone cushions (see description).
Regarding claim 9, the vehicle-mounted eyeglasses holder, further comprising a fixing piece (21), via which the first elastic cushion is connected to the first arm and/or the second elastic cushion is fixedly connected to the second arm (see pictures, see videos).
Regarding claim 10, the vehicle-mounted eyeglasses holder, further comprising a clip (90) fixedly connected to the first arm or the second arm (see pictures, see videos).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. See the attached PTO-892 for various holders.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Guang H Guan whose telephone number is (571) 272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631