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 4/17/2026 and 2/07/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings received on 11/18/2024 are accepted to by the Examiner.
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.
Claims 1-3, 8-11, 16-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sheldon et al. (US 2016/0016370).
Regarding claim 1, Sheldon teaches an eyewear (refer to US 20160016370) comprising:
at least one rigid portion made of a first material (a pair of right and left sections 14 of substantially rigid plastic material, [0015], Fig. 1);
at least one flexible portion made of a second material (soft and/or flexible nose bridge 18 are made of suitable molding materials in separate molding processes, [0015], Fig. 1); and
a layer of flexible paint applied over and across each of the at least one rigid portion and the at least one flexible portion (nose bridge 18 may be painted; soft and/or flexible nose bridge 18 is subject to deformation when the eye glasses 10 are in in use, which may cause damage to the paint on the surface of the soft and/or flexible nose bridge 18. Therefore, it is desirable to apply a pre-paint surface treatment to the nose bridge 18 before it is painted, in order to improve the paint's tolerance to bending, twisting or other deformation of the nose bridge 18. [0025]), the flexible paint being made of a third material and is adapted to bond with each of the first and the second materials (apply a pre-paint surface treatment to the nose bridge 18 before it is painted, in order to improve the paint's tolerance, [0025]).
Regarding claim 2, Sheldon teaches the eyewear according to claim 1 (see above), wherein the first material includes one or more of rigid plastic, metal, acetate, or composite material (sections 14 rigid plastic material, [0015], substantially rigid plastic right and left sections 14 to form the integrated hybrid eye glasses frame 12, [0029]).
Regarding claim 3, Sheldon teaches the eyewear according to claim 1 (see above), wherein the second material includes one or more of soft plastic, rubber, thermoplastic rubber (TRP), thermoplastic polyurethane (TPU) or elastomer (nose bridge 18 of a soft and/or flexible material such as rubber, [0015]; rubber becomes soft and/or flexible when it cures to thereby provide the deformability of the hybrid eye glasses frame 12, [0029]).
Regarding claim 8, Sheldon teaches the flexible eyewear assembly (refer to US 20160016370) a flexible eyewear assembly (eyewear frame having substantially rigid sections joined with a soft and/or flexible nose bridge, [abstract]) comprising:
first and second lens retainers for retaining respective lens therein (includes a pair of right and left sections 14, the eye glasses 10 when lenses 19 are attached thereto, [0015], Fig. 1), the first and second lens retainers being made of a rigid material (a pair of right and left sections 14 of substantially rigid plastic material, [0015], Fig. 1);
a bridge portion connecting the first and the second lens retainers (rigid plastic material interconnected by a nose bridge 18, [0015], Fig. 1), the bridge portion being made of a flexible material to permit flexure of the first and second lens retainers relative to each another in at least one direction (soft and/or flexible nose bridge 18 is subject to deformation when the eye glasses 10 are in in use, [0025]; flexibility of the nose bridge 18 allows deformation such as bending or twisting such that hybrid eye glasses frame 12 can be automatically adjusted to the contours of multiple users faces.[0018]); and a layer of flexible paint material applied and bonded across each of the rigid material of the first and second lens retainers and the flexible material of the bridge portion (nose bridge 18 may be painted; soft and/or flexible nose bridge 18 is subject to deformation when the eye glasses 10 are in in use, which may cause damage to the paint on the surface of the soft and/or flexible nose bridge 18. Therefore, it is desirable to apply a pre-paint surface treatment to the nose bridge 18 before it is painted, in order to improve the paint's tolerance to bending, twisting or other deformation of the nose bridge 18. a surface etching process may be applied to the nose bridge 18 and then the respective nose bridge 18 and right and left sections 14 are painted before the three components are joined together in the third molding process. [0025]),
Regarding claim 9, Sheldon teaches the flexible eyewear assembly (refer to US 20160016370; eyewear frame having substantially rigid sections joined with a soft and/or flexible nose bridge, [abstract]) comprising:
first and second rigid lens retainers for retaining respective lens therein, (includes a pair of right and left sections 14, the eye glasses 10 when lenses 19 are attached thereto, [0015], Fig. 1), each of the first and second rigid lens retainers being made of a first material and coated with a layer of second material (sections 14 rigid plastic material, [0015], substantially rigid plastic right and left sections 14 to form the integrated hybrid eye glasses frame 12, [0029]; a surface etching process may be applied to the nose bridge 18 and then the respective nose bridge 18 and right and left sections 14 are painted before the three components are joined together in the third molding process. [0025]);
a flexible bridge portion (nose bridge 18 of a soft and/or flexible material, [0015], Fig. 1) connecting the first and second rigid lens retainers (lens retainers are 14 for receiving the lens 19, [0016]; right and left sections 14 of substantially rigid plastic material interconnected by a nose bridge 18 of a soft and/or flexible material, [0015]), the flexible bridge portion being made of the second material to permit flexure of the first and second lens retainers relative to each another in at least one direction (right and left sections 14 of substantially rigid plastic material interconnected by a nose bridge 18 of a soft and/or flexible material such as rubber to form at least a front section of the eye glasses 10 when lenses 19 are attached thereto [0015], flexibility of the nose bridge 18 allows deformation such as bending or twisting such that hybrid eye glasses frame 12 can be automatically adjusted to the contours of multiple users faces. [0018]); and a layer of flexible paint applied over and bonded across the flexible bridge portion and each of the first and second rigid lens retainers coated with the second material (nose bridge 18 may be painted; soft and/or flexible nose bridge 18 is subject to deformation when the eye glasses 10 are in in use, which may cause damage to the paint on the surface of the soft and/or flexible nose bridge 18. Therefore, it is desirable to apply a pre-paint surface treatment to the nose bridge 18 before it is painted, in order to improve the paint's tolerance to bending, twisting or other deformation of the nose bridge 18. a surface etching process may be applied to the nose bridge 18 and then the respective nose bridge 18 and right and left sections 14 are painted before the three components are joined together in the third molding process. [0025]).
Regarding claim 10, Sheldon teaches the flexible eyewear assembly according to claim 9 (see above), wherein the first material includes one or more of rigid plastic, metal, acetate, or composite material (sections 14 rigid plastic material, [0015], substantially rigid plastic right and left sections 14 to form the integrated hybrid eye glasses frame 12, [0029]).
Regarding claim 11, Sheldon teaches the flexible eyewear assembly according to claim 9 (see above), wherein the second material includes one or more of soft plastic, rubber, thermoplastic rubber (TRP), thermoplastic polyurethane (TPU) or elastomer (nose bridge 18 of a soft and/or flexible material such as rubber, [0015]; rubber becomes soft and/or flexible when it cures to thereby provide the deformability of the hybrid eye glasses frame 12, [0029]).
Regarding claim 16, Sheldon teaches a method of making a flexible eyewear assembly for retaining a pair of lenses therein (refer to US 20160016370; eyewear frame having substantially rigid sections joined with a soft and/or flexible nose bridge, [abstract]), the method comprising: providing a first lens retainer (retainer 14, lens 19, Fig. 1) made of a first material (sections 14 rigid plastic material, [0015]), the first lens retainer being adapted to retain a first lens therein (see Fig. 1, right side portion of the eye glass; figure shows both retainer numbered 14, lens 19, [0018]); providing a second lens retainer made of the first material, the second lens retainer being adapted to retain a second lens therein (see the left side retainer 14 and left lens 19 of Fig. 1); connecting the first and second lens retainers by a bridge portion (Fig 1 shows bride 18 connecting the first and second lens retainers), the bridge portion (18) being made of a second material different from the first material (a soft and/or flexible nose bridge, [abstract]); applying a layer of flexible paint over and across each of the first and second lens retainers and the bridge portion, the flexible paint being made of a third material adapted to bond with each of the first and the second materials (nose bridge 18 may be painted; soft and/or flexible nose bridge 18 is subject to deformation when the eye glasses 10 are in in use, which may cause damage to the paint on the surface of the soft and/or flexible nose bridge 18. Therefore, it is desirable to apply a pre-paint surface treatment to the nose bridge 18 before it is painted, in order to improve the paint's tolerance to bending, twisting or other deformation of the nose bridge 18. a surface etching process may be applied to the nose bridge 18 and then the respective nose bridge 18 and right and left sections 14 are painted before the three components are joined together in the third molding process. [0025])
Regarding claim 17, Sheldon teaches the method according to claim 16 (see above), wherein the first material includes one or more of rigid plastic, metal, acetate, or composite material (sections 14 rigid plastic material, [0015], substantially rigid plastic right and left sections 14 to form the integrated hybrid eye glasses frame 12, [0029]).
Regarding claim 18, Sheldon teaches the method according to claim 16 (see above), wherein the second material includes one or more of soft plastic, rubber, thermoplastic rubber (TRP), thermoplastic polyurethane (TPU) or elastomer (nose bridge 18 of a soft and/or flexible material such as rubber, [0015]; rubber becomes soft and/or flexible when it cures to thereby provide the deformability of the hybrid eye glasses frame 12, [0029]).
Regarding claim 20, Sheldon teaches the method according to claim 16 (see above),
further comprising coating each of the first and second lens retainers (right and left sections 14, Fig. 1) with a layer of second material (nose bridge 18 of a soft and/or flexible material such as rubber, [0015]; rubber becomes soft and/or flexible when it cures to thereby provide the deformability of the hybrid eye glasses frame 12, [0029]). prior to applying the layer of flexible paint thereon (nose bridge 18 may be painted; soft and/or flexible nose bridge 18 is subject to deformation when the eye glasses 10 are in in use, which may cause damage to the paint on the surface of the soft and/or flexible nose bridge 18. Therefore, it is desirable to apply a pre-paint surface treatment to the nose bridge 18 before it is painted, in order to improve the paint's tolerance to bending, twisting or other deformation of the nose bridge 18 … a surface etching process may be applied to the nose bridge 18 and then the respective nose bridge 18 and right and left sections 14 are painted before the three components are joined together in the third molding process. [0025]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Sheldon et al. (US 2016/0016370) as applied to claim 1 above, and further in view of Schmidthaler et al. (US 4,955,706).
Regarding claim 4, Sheldon teaches the eyewear according to claim 1 (see above),
Sheldon doesn’t explicitly teach wherein the third material includes an elastomer-based material.
Sheldon and Schmidthaler are related as eyewear.
Schmidthaler teaches the third material includes an elastomer-based material (the use of an elastomeric, resilient polymer for the bridge 17 provides a spring zone which permits the frame 11 to be substantially distorted without breakage occurring, [C-3, L-50-53]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the eyewear of Sheldon to include an elastomer-based material as taught by Schmidthaler for the predictable advantage of providing unique wearer enhancement and safety, as taught by Schmidthaler in [C-3, L-54-56].
Regarding claim 12, Sheldon teaches the flexible eyewear assembly according to claim 9 (see above), Sheldon doesn’t explicitly teach wherein the flexible paint is made of an elastomer-based material.
Sheldon and Schmidthaler are related as eyewear.
Schmidthaler teaches wherein the flexible paint is made of an elastomer-based material (the use of an elastomeric, resilient polymer for the bridge 17 provides a spring zone which permits the frame 11 to be substantially distorted without breakage occurring, [C-3, L-50-53]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the eyewear of Sheldon to include an elastomer-based material as taught by Schmidthaler for the predictable advantage of providing unique wearer enhancement and safety, as taught by Schmidthaler in [C-3, L-54-56].
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sheldon et al. (US 2016/0016370) as applied to claim 1 above, and further in view of Blum et al. (US 2018/0129078).
Regarding claim 5, Sheldon teaches the eyewear according to claim 1 (see above), Sheldon doesn’t explicitly teach, wherein the third material includes acrylic polymers.
Sheldon and Blum are related as eyewear.
Blum teaches, wherein the third material includes acrylic polymers (the body may be configured to be provided at least partially around an eyewear temple. .. the body may be formed of urethane or rubber (e.g., neoprene rubber). The body may be formed of a material including polyvinyl chloride, acrylic terminated urethane polymer, polyurethane, epoxyacrylate, epoxyurethane, polyethylene, polypropylene, polyethers, polyvinyl acetat, polysiloxane, siloxyacrylate, or combinations thereof. Other materials may be used, [0080]; In this disclosed list acrylic terminated urethane polymer, Epoxyacrylate and Siloxyacrylate are materials feature acrylate groups incorporated into their polymer chains). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the eyewear of Sheldon, and include acrylic polymers, as Blum teaches for the predictable advantage of to be adjustable, e.g., stretchable or otherwise adjustable, to accommodate temples of different sizes as taught by Blum in [0080].
Regarding claim 13, Sheldon teaches flexible eyewear assembly according to claim 9 (see above), Sheldon doesn’t explicitly teach, wherein the third material includes acrylic polymers.
Sheldon and Blum are related as eyewear.
Blum teaches, wherein the third material includes acrylic polymers (the body may be configured to be provided at least partially around an eyewear temple. .. the body may be formed of urethane or rubber (e.g., neoprene rubber). The body may be formed of a material including polyvinyl chloride, acrylic terminated urethane polymer, polyurethane, epoxyacrylate, epoxyurethane, polyethylene, polypropylene, polyethers, polyvinyl acetat, polysiloxane, siloxyacrylate, or combinations thereof. Other materials may be used, [0080]; In this disclosed list acrylic terminated urethane polymer, Epoxyacrylate and Siloxyacrylate are materials feature acrylate groups incorporated into their polymer chains). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the eyewear of Sheldon, and include acrylic polymers, as Blum teaches for the predictable advantage of to be adjustable, e.g., stretchable or otherwise adjustable, to accommodate temples of different sizes as taught by Blum in [0080].
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sheldon et al. (US 2016/0016370) as applied to claim 1 above, and further in view of Ponte et al. (US 2020/0333628).
Regarding claim 6, Sheldon teaches the eyewear according to claim 1 (see above),
Sheldon doesn’t explicitly teach wherein the third material includes an epoxy resin or silicone-based paint material.
Sheldon and Ponte are related as eyewear.
Ponte teaches wherein the third material includes an epoxy resin or silicone-based paint material (the temple tips can comprise low durometer elastomers or thermos plastics. Materials like silicone or soft touch paint can be used to increase friction between the temple tips and the head, [0031]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the eyewear of Sheldon to include silicone-based paint material, as taught by Ponte for the predictable advantage of silicone or soft touch paint can be used to increase friction between the temple tips and the head and to match the color of the temple tips, as taught by Ponte in [0031].
Regarding claim 14, Sheldon teaches the flexible eyewear according to claim 9 (see above), Sheldon doesn’t explicitly teach wherein the flexible paint is made of an epoxy resin or silicone-based material.
Sheldon and Ponte are related as eyewear.
Ponte teaches wherein the flexible paint is made of an epoxy resin or silicone based material, (the temple tips can comprise low durometer elastomers or thermos plastics. Materials like silicone or soft touch paint can be used to increase friction between the temple tips and the head, [0031]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the eyewear of Sheldon to include silicone-based paint material, as taught by Ponte for the predictable advantage of silicone or soft touch paint can be used to increase friction between the temple tips and the head and to match the color of the temple tips, as taught by Ponte in [0031].
Claims 7, 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sheldon et al. (US 2016/0016370) as applied to claim 1 above, and further in view of Okuda et al. (US 2011/0217514).
Regarding claim 7, Sheldon teaches the eyewear according to claim 1 (see above),
Sheldon teaches applying a pre-paint surface treatment to the nose bridge. … the right section, left section and nose bridge may be painted. A surface treatment may be optionally applied to the nose bridge before the nose bridge is painted. [0006].
Sheldon doesn’t explicitly teach, wherein the third material includes a plasticized paint material.
Sheldon and Okuda are related as surface treatment of eyewear.
Okuda teaches wherein the third material includes a plasticized paint material (the magnesium alloy member according to the invention can be used for body panels …. sheet panels, engines, components around chassis, eyeglass frames, [0041]; manufacturing a magnesium alloy member according to claim 24, further comprising a step of performing a paint application treatment to the plasticized material member [claim 27]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the eyewear of Sheldon to include a plasticized paint material, as taught by Okuda for the predictable advantage of using the surface treatment for formation of anticorrosive film and having excellent mechanical properties and high corrosion resistance, (abstract and [0001]).
Regarding claim 15, Sheldon teaches the flexible eyewear assembly according to claim 9 (see above), Sheldon teaches applying a pre-paint surface treatment to the nose bridge. … the right section, left section and nose bridge may be painted. A surface treatment may be optionally applied to the nose bridge before the nose bridge is painted. [0006].
Sheldon doesn’t explicitly teach, wherein the flexible paint is made of a plasticized coating material.
Sheldon and Okuda are related as surface treatment of eyewear.
Okuda teaches wherein the flexible paint is made of a plasticized coating material (the magnesium alloy member according to the invention can be used for body panels …. sheet panels, engines, components around chassis, eyeglass frames, [0041]; manufacturing a magnesium alloy member according to claim 24, further comprising a step of performing a paint application treatment to the plasticized material member [claim 27]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the eyewear of Sheldon to include a plasticized paint material, as taught by Okuda for the predictable advantage of using the surface treatment for formation of anticorrosive film and having excellent mechanical properties and high corrosion resistance, (abstract and [0001]).
Regarding claim 19, Sheldon teaches the method according to claim 16 (see above),
Sheldon teaches applying a pre-paint surface treatment to the nose bridge. … the right section, left section and nose bridge may be painted. A surface treatment may be optionally applied to the nose bridge before the nose bridge is painted. [0006].
Sheldon doesn’t explicitly teach, wherein the third material includes one or more of an elastomer-based material, acrylic polymers-based material, epoxy resin based material, silicone based material, and a plasticized coating material.
Sheldon and Okuda are related as surface treatment of eyewear.
Okuda teaches wherein the third material includes one or more of an elastomer-based material, acrylic polymers-based material, epoxy resin-based material, silicone-based material, and a plasticized coating material, (the magnesium alloy member according to the invention can be used for body panels …. sheet panels, engines, components around chassis, eyeglass frames, [0041]; manufacturing a magnesium alloy member according to claim 24, further comprising a step of performing a paint application treatment to the plasticized material member [claim 27]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the eyewear of Sheldon to include a plasticized paint material, as taught by Okuda for the predictable advantage of using the surface treatment for formation of anticorrosive film and having excellent mechanical properties and high corrosion resistance, (abstract and [0001]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. i) Weinschenk et al. U.S. Pat. No. 5,331,073 discloses high refractive index polymeric compositions and foldable intraocular lenses made from such compositions. However, these acrylic-based polymeric compositions. ii) LeBoeuf et al. U.S. Pat. No. 5,603,774 teaches reduction of the tackiness associated with certain such soft acrylic polymers useful for foldable intraocular lenses (IOLs), by plasma treatment of the polymer surface. iii) Arkles et al. U.S. Patent Application No. 2007/0204412 teaches transparent silicone polymers and elastomers colored by curcumin and/or a derivative thereof. iv) Weippert US 2017/0174823 teaches a display device comprises a holder, spectacle lens.
Adding the difference between the applied prior art used for the rejection and the disclosure of the instant application will overcome the rejection: Although, the prior art in record teaches the flexible paint, the prior art doesn’t explicitly teach a radiation (e.g., Ultraviolet (UV)) curable coatings based on polyether, polyester, or urethane acrylates may also be used for making the flexible paint 22, as disclosed in [0027] of the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHMAN ABDUR whose telephone number is (571)270-0438. The examiner can normally be reached 8:30 am to 5:30 pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.A/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
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