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 .
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.
Disposition of the Claims
Claims 1-20 are pending.
Claim Objections
Claim 3 objected to because of the following informalities:
The dependent claim 3 is dependent from claim 2 which further limits the flexible bridge assembly of claim 1, but claim 3 further limits “the assembly”.
Appropriate correction is required.
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.
Claims 1-20 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 claims 1, 12, and 18, which each recite “deformable rigid bar”, the scope of the claim is not clear to one of ordinary skill in the art since the recited functions of the bar contradict each other. Clarification is required. The feature is thus interpreted as a bar. The dependent claims do not remedy this deficiency and therefore inherit it.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sheldon (US 20190258077 A1, of record) in view of Allen (US 20160077356 A1, of record).
Regarding claim 1, Sheldon teaches a flexible bridge assembly for eyewear (Figs. 3A, 3B, claim 1) comprising:
a flexible bridge portion (14) having a first recess at one end, and a second recess at another end (24a and 24b);
a first rigid attachment member (16a) connected at a first end thereof to the first recess of the flexible bridge portion (Fig. 3A);
a second rigid attachment member (16b) connected at a first end thereof to the second recess of the flexible bridge portion (Fig. 3A).
Sheldon does not explicitly show a deformable rigid bar extending between the first and second rigid attachment members and embedded within the flexible bridge portion.
Allen drawn to eyewear explicitly shows a deformable rigid bar (202) extending between the first and second rigid attachment members and embedded within the flexible bridge portion (Figs. 2 and 5, ¶19, “a flexible, memory shape alloy insert 202”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the deformable rigid bar of Allen to reinforce the bridge of Sheldon while allowing the framed and/or flex and to return to its original shape (Allen, ¶2).
Regarding claim 2, the modified Sheldon teaches the flexible bridge assembly of claim 1, and further discloses wherein the flexible bridge portion and first and second attachment members are secured to each other via passages in each that are aligned when first and second attachment members are inserted into the first and second recesses of the flexible bridge portion and the deformable rigid bar is embedded within the flexible bridge portion (Sheldon, Claim 2, Figs. 3A-4B; Allen, Fig. 2, 202, ¶3, ¶19-20).
Regarding claim 3, the modified Sheldon teaches the assembly of claim 2, and further discloses wherein fasteners are inserted through the aligned passages to join the flexible bridge portion to the first and second attachment members (Sheldon, Claim 3).
Regarding claim 4, the modified Sheldon teaches the flexible bridge assembly of claim 1, and explicitly shows overmolding to create the flexible bridge (Sheldon, ¶46, Claim 13).
Sheldon does not explicitly show wherein the flexible bridge portion is overmolded over the deformable rigid bar.
Allen explicitly shows embedding the deformable rigid bar within the bridge portion as discussed supra. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the fabrication step of Sheldon in combination of their features thus predictably achieving the claimed configuration.
Regarding claim 5, the modified Sheldon further discloses an eyewear assembly comprising the flexible bridge assembly of claim 1, coupled to a first lens retainer adapted to hold a first lens, and to a second lens retainer adapted to hold a second lens (Sheldon, Fig. 2, Claim 5).
Regarding claim 6, the modified Sheldon teaches the eyewear assembly of claim 5, and further discloses wherein the first lens retainer includes a third recess, and the second lens retainer includes a fourth recess to receive second ends of the first and second rigid attachment members, respectively (Figs. 3A, 3B, Claims 6 and 7).
Regarding claim 7, the modified Sheldon teaches the eyewear assembly of claim 6, and further discloses wherein the first and second rigid attachment members and the first and second lens retainers have passages that are aligned when the first and second attachment members are inserted into the third and fourth recesses (Figs. 3A, 3B, Claims 6 and 7).
Regarding claim 8, the modified Sheldon teaches the eyewear assembly of claim 7, and further discloses wherein fasteners are inserted through the aligned passages and through the lens retainers to join the flexible bridge assembly to the first and second lens retainers (Sheldon, Claim 8).
Regarding claim 9, the modified Sheldon teaches the eyewear assembly of claim 8, and further discloses wherein the fasteners comprise a resin inserted into the aligned passages through the lens retainers and subsequently cured (Sheldon, Claim 9).
Regarding claim 10, the modified Sheldon teaches the eyewear assembly of claim 9, and further discloses wherein the fasteners are processed to be flush with the lens retainers and the flexible bridge portion (Sheldon, Claim 10).
Regarding claim 11, the modified Sheldon teaches the eyewear assembly of claim 5, wherein the first rigid attachment member comprises at least one prong and the second attachment member comprises at least one prong (Sheldon, Claim 11); wherein the at least one prong of the first rigid attachment member is configured to be received into and be secured within the third recess of the first lens retainer; and the at least one prong of the second rigid attachment member is configured to be received into and be secured within the fourth recess of the second lens retainer (Sheldon, Claim 11).
Regarding claim 12, Sheldon teaches a flexible bridge assembly for eyewear (Figs. 7-9) comprising: a flexible bridge portion (48); a first rigid connecting end embedded in the flexible bridge portion at one end (44a); a second rigid connecting end embedded in the flexible bridge portion at the other end (44b).
Sheldon does not explicitly show a deformable rigid bar extending between the first and second rigid connecting ends and embedded within the flexible bridge portion.
Allen drawn to eyewear explicitly shows a deformable rigid bar (202) extending between the first and second rigid attachment members and embedded within the flexible bridge portion (Figs. 2 and 5, ¶19, “a flexible, memory shape alloy insert 202”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the deformable rigid bar of Allen to reinforce the bridge of Sheldon while allowing the framed and/or flex and to return to its original shape (Allen, ¶2).
Regarding claim 13, the modified Sheldon teaches the flexible bridge assembly of claim 12,
and explicitly shows overmolding to create the flexible bridge (Sheldon, ¶46, Claim 13).
Sheldon does not explicitly show wherein the flexible bridge portion is overmolded over the first and second connecting ends and the deformable rigid bar.
Allen explicitly shows embedding the deformable rigid bar within the bridge portion as discussed supra. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the fabrication step of Sheldon in combination of their features thus predictably achieving the claimed configuration.
Regarding claim 14, the modified Sheldon teaches the flexible assembly of claim 13, and further discloses wherein the first and second connecting ends each comprise at least one passage for receiving material applied in overmolding the flexible bridge (Sheldon, Claim 14).
Regarding claim 15, the modified Sheldon further discloses an eyewear assembly comprising the flexible bridge assembly of claim 12 coupled to a first lens retainer adapted to hold a first lens, and to a second lens retainer adapted to hold a second lens (Sheldon, Fig. 2, Claim 5).
Regarding claim 16, the modified Sheldon teaches the eyewear assembly of claim 15, and further discloses wherein the first lens retainer is provided with a first recess and the second lens retainer is provided with a second recess for receiving the first and second connecting ends (Sheldon, Figs. 3A, 3B, Claims 6 and 7).
Regarding claim 17, the modified Sheldon teaches the eyewear assembly of claim 16, and further discloses wherein the first and second connecting ends and the first and second lens retainers comprise passages that become aligned when the first and second connecting ends are inserted into the first and second recesses of the lens retainers and the deformable rigid bar is embedded within the flexible bridge portion (Sheldon, Figs. 3A, 3B, Claims 6 and 7; Allen, Figs 2 and 5, ¶3, ¶19-20).
Regarding claim 18, Sheldon teaches a flexible bridge assembly for eyewear (Figs. 11-16), the eyewear comprising:
a first lens retainer and a second lens retainer (12a, 12b),
the flexible bridge assembly (58) comprising:
a first rigid attachment member having at least one prong (56a) and at least one slot (notch therein);
a second rigid attachment member having at least one prong (56b) and at least one slot (notch therein); and
a flexible bridge portion (58);
wherein the prongs of the first rigid attachment members provide an attachment portion for at least one recess provided in the first lens retainer (Fig. 16), and the prongs of the second rigid attachment members provide an attachment portion for at least one recess of the second lens retainer (Fig. 16).
Sheldon does not explicitly show a deformable rigid bar extending between the first and second rigid attachment members.
Allen drawn to eyewear explicitly shows a deformable rigid bar (202) extending between the first and second rigid attachment members and embedded within the flexible bridge portion (Figs. 2 and 5, ¶19, “a flexible, memory shape alloy insert 202”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the deformable rigid bar of Allen to reinforce the bridge of Sheldon while allowing the framed and/or flex and to return to its original shape (Allen, ¶2).
Regarding claim 19, the modified Sheldon teaches the flexible eyewear assembly of claim 18, and further discloses wherein the flexible bridge portion and first and second rigid attachment members are secured to each other via an overmolding process when the slots of the first and second attachment members receive material during the overmolding process to create the flexible bridge portion (Sheldon, ¶46, Claims 13 and 21).
Regarding claim 20, the modified Sheldon teaches the eyewear assembly of claim 19, and further discloses wherein the first and second rigid attachment members and the first and second lens retainers comprise passages that become aligned when the first and second attachment members are inserted into the first and second recesses of the lens retainers and the deformable rigid bar is embedded within the flexible bridge portion (Sheldon, Figs. 3A, 3B, 11-16; Allen, Fig. 2, 202, ¶3, ¶19-20).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and generally disclose eyewear bridge connections and/or flexible components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLLIN X BEATTY whose telephone number is (571)270-1255. The examiner can normally be reached M - F, 10am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached on 5712701284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COLLIN X BEATTY/Primary Examiner, Art Unit 2872
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