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 .
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 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.
DETAILED ACTION
The present application, filed on November 11, 2025, in which claims 1-20 were presented for examination, of which claims 1-3, 5-6, 9-15, and 17 were amended and claim 20 was added as new, are being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed November 11, 2025 have been fully considered but they are not persuasive.
Applicants Argument: the Office Action relies on the honeycomb structure that surrounds openings 801 to disclose the claimed "bands." See, e.g., Office Action at pp. 4-5. As Chiang's Figure 5 shows, however, the honeycomb structure does not disclose separate bands that are spaced apart from one another, as claim 1 specifically recites. In particular, independent claim 1 recites "the recessed areas of the plurality of-7-
recessed areas divide the outer radial surface into two or more bands, each of the bands including at least one crest and one trough, and the bands are separate bands spaced apart from one another by the recessed areas." For similar reasons, with reference to amended independent claim 9, Chiang does not disclose that its honeycomb structures includes bands that are separated by its openings 801 and which are out of contact with one another. Specifically, amended independent claim 9 recites "the two or more bands are separate bands separated by the plurality of recessed areas such that the two or more bands are out of contact with one another."
Examiners Response: Examiner respectfully disagrees and explains below how the amended limitations are disclosed by Chiang, where Examiner relies on features shown in the revised Fig. 5 annotated drawing of Chiang.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chiang (US PG Pub. 2018/0339197).
Regarding claim 1, Chiang discloses swim goggles (Abstract, Fig. 1-5) comprising: a first eyepiece (combination of 20 and 21); and a gasket (combination of 23 and 24) coupled to the first eyepiece (as shown in Fig. 1-5), the gasket (combination of 23 and 24) including: an outer radial surface (surface of 231 and 241) extending along a periphery of the first eyepiece (232 and 242); and a plurality of recessed areas (801 and outer openings shown in annotated Fig. 5 below) in the outer radial surface (231 and 241), the plurality of recessed areas (801 and outer openings shown in annotated Fig. 5 below) extending circumferentially around the gasket (combination of 23 and 24, as shown in Fig. 5); wherein the plurality of recessed areas are substantially wave shaped (examiner notes the annotated “outer opening areas” are shown “substantially wave shaped” along the circumference of eyepieces 232 and 242, and elements 801 are “substantially wave shaped” since each opening includes at least one high point, low point, and is curved in annotated Fig. 5 below),
wherein the recessed areas of the plurality of recessed areas divide the outer radial surface into two or more bands (see annotated Fig. 5 below), each of the bands including at least one crest and one trough, and the bands are separate bands spaced apart from one another by the recessed areas (see annotated Fig. 5 below).
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Fig. 5-Examiner Annotated
Regarding claim 2, Chiang discloses each recessed area divides the outer radial surface includes into outer portions (portions in the outside area of 801, closest to elements 232 and 242) and one or more bands (see annotated Fig. 5 above, examiner notes “bands” are shown surrounding openings 801).
Regarding claim 3, Chiang discloses the plurality of recessed areas include a first recessed area, a second recessed area, and a third recessed area, and wherein the two or more bands includes a first band and a second band (examiner notes as shown in annotated Fig. 5 above).
Regarding claim 4, Chiang discloses the first band is disposed between the first recessed area and the second recessed area, and the second band is disposed between the second recessed area and the third recessed area (examiner notes as shown in annotated Fig. 5 above).
Regarding claim 5, Chiang discloses the plurality of recessed areas (801 and outer openings shown in annotated Fig. 5 above) are arranged in adjacent circumferential rows (as shown in Fig. 5).
Regarding claim 6, Chiang discloses the plurality of recessed areas (801 and outer openings shown in annotated Fig. 5 above) extends along 30-90% of a posterior-anterior length of the gasket (examiner notes as shown in Fig. 5).
Regarding claim 7, Chiang discloses the gasket (combination of 23 and 24, Fig. 5) includes a thermoplastic rubber (Par. 0014, lines: 7-10).
Regarding claim 8, Chiang discloses the plurality of recessed areas (801 and outer openings shown in annotated Fig. 5 above) are divided into circumferential rows, and a number of circumferential rows including two to six rows (rows of 3 is as shown in annotated Fig. 5 above).
Regarding claim 9, Chiang discloses a gasket (combination of 23 and 24) for swim goggles (Abstract), the gasket (combination of 23 and 24) comprising:
an outer radial surface (surface of 231 and 241) extending along a periphery of the gasket (232 and 242); a plurality of recessed areas (801 and outer openings shown in annotated Fig. 5 below) in the outer radial surface, the plurality of recessed areas extending circumferentially around the gasket (as shown in annotated Fig. 5 below) and extending from an anterior edge (see annotated Fig. 5 below) and a posterior edge (see annotated Fig. 5 below); and
two or more bands disposed between the plurality of recessed areas (as shown in annotated Fig. 5 below),
wherein the plurality of recessed areas and the two or more bands are substantially wave shaped (examiner notes the annotated “outer opening areas” are shown “substantially wave shaped” along the circumference of eyepieces 232 and 242, and elements 801 are “substantially wave shaped” since each opening includes at least one high point, low point, and is curved in annotated Fig. 5 below),
wherein the two or more bands are separate bands separated by the plurality of recessed areas such that the two or more bands are out of contact with one another (Examiner notes bands annotated in Fig. 5 below are shown separate and out of contact with one another due to recessed areas, 801 between the annotated bands, and due to the annotated bands not directly touching/intersecting each other).
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Fig. 5-Examiner Annotated
Regarding claim 10, Chiang discloses each of the plurality of recessed areas includes at least one crest and at least one trough, and wherein each band of the two or more bands includes at least one crest and at least one trough (examiner notes as shown in annotated Fig. 5 above).
Regarding claim 11, Chiang discloses wherein a first crest of the at least one crests of the two or more bands is disposed between a first trough and a second trough of the at least one troughs of the plurality of recessed areas (examiner notes as shown in annotated Fig. 5 above).
Regarding claim 12, Chiang discloses the two or more bands includes a first band and a second band, wherein a trough of the first band is disposed adjacent a crest of the second band (examiner notes as shown in annotated Fig. 5 above).
Regarding claim 13, Chiang discloses the substantial wave shape of the two or more bands and the substantial wave shape of the plurality of recessed areas resembles a destructive wave pattern (examiner notes as shown in Fig. 5, and Applicant does not disclose metes and bounds for a “destructive waver pattern”).
Regarding claim 14, Chiang discloses a distance between portions of one of the bands and recessed areas of the plurality of recessed areas increases at an outer edge of the gasket (examiner notes as shown around where element 232 is annotated, when compared to around where element m2 is annotated in Fig. 5).
Regarding claim 15, Chiang discloses wherein the plurality of recessed areas and the two or more bands extend along 30-90% of a posterior-anterior length of the gasket (examiner notes as shown in annotated Fig. 5 above).
Regarding claim 16, Chiang discloses the gasket (combination of 23 and 24, Fig. 5) includes a thermoplastic rubber (Par. 0014, lines: 7-10).
Regarding claim 17, Chiang discloses wherein the one two or more bands and the plurality of recessed areas are divided into a plurality of circumferential rows around the outer radial surface, and wherein the plurality of circumferential rows includes two to six rows (examiner notes rows of 3 shown in annotated Fig. 5 above). .
Regarding claim 19, Chiang discloses swim goggles (invention as shown in Fig. 1-5) including the gasket of claim 9 (combination of 23 and 24).
Regarding claim 20, Chiang discloses a crest of a band of the two or more bands is disposed between troughs of recessed areas of the plurality of recessed areas (examiner notes as shown in annotated Fig. 5 above).
Claim Rejections - 35 USC § 103
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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Chiang in view of Chiang et al. “Chiang” (US PG Pub. 2023/0293947).
Regarding claim 18, Chiang discloses the gasket (combination of 23 and 24, Fig. 5) includes a thermoplastic rubber (Par. 0014, lines: 7-10).
Chiang does not disclose the gasket includes a silicone.
However, Chiang (‘947) teaches yet another swim google with a gasket, wherein Chiang (‘947) teaches the gasket (combination of 51 and 52) includes a silicone (Par. 0021).
It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to use silicone as taught by Chiang (‘947) as the material for the gasket of Chiang. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, because silicone was a well-known material for gaskets as taught by Chiang (‘947), in order to enhance user fit.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent (See PTO-892) to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAKOTA MARIN whose telephone number is (571)272-3529. The examiner can normally be reached Mon.-Fri., 9:00AM-6:00PM.
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, ALISSA TOMPKINS can be reached at (571) 272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAKOTA MARIN/Examiner, Art Unit 3732
/KHALED ANNIS/Primary Examiner, Art Unit 3732