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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 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.
Claims 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tajima (PGPUB 20060181675, of record) in view of Wu et al. (CN217521446, of record).
Regarding claim 1, Tajima discloses eyeglasses with an elastic limiting structure, comprising:
an eyeglass frame (Fig. 1);
an eyeglass temple (region of 1, 2 and 5); and
a connecting member (1 connects to 2 via the plurality of parts shown in Figs. 2a-e);
wherein the eyeglass temple is mounted on the eyeglass frame (Fig. 1);
the eyeglass temple is rotatably connected to the eyeglass frame (hinged about 3);
the eyeglass temple is provided with the connecting member and is rotatably connected to the eyeglass frame by the connecting member (Figs. 2a-e indicate 1 and 2 rotatably connected via 2a, 3, 4, 5, 5a, and 6);
a slot is provided in a position of the eyeglass frame corresponding to the connecting member (1a);
a notch is provided in a first side of the slot for the connecting member to rotate in and out of the slot (U-shape of 1a forms a notch);
the connecting member is configured to insert into the slot to form a rotatable connection with the eyeglass frame (all of 2a, 3, 4, , 5, 5a, 6 and 2 fit within U-shaped slot of 1a);
the slot is provided with an elastic member (4, [0073]);
the elastic member is abutted against the connecting member (4 is abutted against both 2a and 3 and 1a); and
the elastic member is a hollow cylinder and has radial elasticity ([0073]).
Tajima does not disclose wherein the connecting member is provided with a first groove corresponding to a position where the eyeglass temple is opened and a second groove corresponding to a position where the eyeglass temple is closed;
when the eyeglass temple is opened and closed in place, the elastic member is inserted in the first groove or the second groove to limit a rotation of the eyeglass temple; and
an outer peripheral surface of the elastic member is configured to fit the first groove and the second groove.
However, Wu teaches an eyeglass frame (1) comprising a connecting member (4) wherein the connecting member is provided with a first groove corresponding to a position where the eyeglass temple is opened and a second groove corresponding to a position where the eyeglass temple is closed (grooves 11 and 12);
when the eyeglass temple is opened and closed in place, the elastic member is inserted in the first groove or the second groove to limit a rotation of the eyeglass temple (9 slots into 11 and 12); and
an outer peripheral surface of the elastic member is configured to fit the first groove and the second groove (Fig. 3).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Tajima and Wu such that the connecting member included a pair of grooves such that they were used to limit the rotation of the temple arms motivated by improved frame stability in open and closed states.
Regarding claim 2, modified Tajima discloses wherein a bottom of the slot is provided with a positioning slot for placing the elastic member (2a of Tajima and Fig. 3 shows that 2 forms a top and bottom of a slot in Wu);
the elastic member is located in the positioning slot (Fig. 2c of Tajima and Fig. 3 of Wu where 7 slots into 6), and at least a part of the elastic member is configured to extend out of the positioning slot and abut against the connecting member (Figs. 2c-d of Tajima and Fig. 4 of Wu), so as to cooperate with the first groove and second groove for limiting the eyeglass temple (Fig. 4 of Wu).
Regarding claim 3, modified Tajima discloses wherein an arcuate transition is formed between a slot wall on a second side of the slot corresponding to the notch and the positioning slot (Figs. 3 and 4 of Wu where there is a bow-like transition formed on both 2 and 4).
Regarding claim 4, modified Tajima discloses wherein an arcuate transition is provided between a first position of the connecting member corresponding to the first groove and a second position of the connecting member corresponding to the second groove (Fig. 3 of Wu where the surface of 6 between 11 and 12 is an arcuate transition).
Regarding claim 5, modified Tajima discloses wherein the connecting member is integrally molded with the eyeglass temple (Figs. 1-2E of Tajima).
Regarding claim 6, modified Tajima discloses wherein the first groove and the second groove are arcuate grooves (Fig. 3 of Wu shows the bow-shape of 11 and 12).
Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tajima in view of Wu and further in view of Li (PGPUB 20060132706).
Regarding claim 7, modified Tajima discloses wherein the connecting member is longitudinally provided with a through hole (Fig. 2e of Tajima with 5 and 2 connected 2a becomes a through hole);
the through hole is configured for cooperating with a pin to rotatably connect with the eyeglass frame (3); and the connecting member is configured to rotate with the pin as a rotary axis ([0076]).
Modified Tajima does not disclose wherein the pin is a screw.
However, Li teaches eyeglass frames (1) wherein a screw (N) is used as a pin by passing though the hinge connecting members (13 and 31) to allow rotation as a hinge ([0035]).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine modified Tajima and Li such that pin was replaced by a screw motivated by allowing easier assembly of the hinge.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS S FISSEL whose telephone number is (313)446-6573. The examiner can normally be reached on 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone Allen can be reached on (571) 272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRAVIS S FISSEL/Primary Examiner, Art Unit 2872
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