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
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 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.
Claims 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Olgun et al. (US 2023/0031234), in view of Reed (US 5,363,152), and further in view of Schwarz (US 3,838,913).
Regarding Claim 1, Olgun discloses a pair of smart glasses (Fig. 1A) comprising:
a frame (Fig. 1A, a front piece 33 with a right end portion 42 and a left end portion 41, optical element holder 37, Paragraph 0023);
a lens disposed in the frame (Fig. 1A, optical lens elements in lens areas 43 and 44, Paragraph 0023).
However, Olgun does not specifically disclose a shading mechanism comprising a first housing and a shading element; wherein the first housing is detachably connected to the frame, the first housing comprises a containing cavity, and the shading element is accommodated in the containing cavity and configured to extend out from the containing cavity to cover the lens.
Reed, in the same field of endeavor, teaches a shading mechanism comprising a first housing (Fig. 3, interior of goggles 62, Col. 3, lines 28-52) and a shading element (Fig. 3, wheel 48, wheel 50, motor output shaft 52, spring 68, and lens 45, Col. 3, lines 28-52); wherein the first housing is connected to the frame (Fig. 3, interior of goggles 62 is attached exterior of goggles 62 acting as the frame, Col. 3, lines 28-52), the first housing comprises a containing cavity (see annotated Fig. 3 and Fig. 4, below),
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and the shading element (Fig. 3, lens 45 will block 70%-90% of the color to be highlighted, Col. 3, lines 44-52) is accommodated in the containing cavity (Fig. 3 and Fig. 4, as shown) and configured to extend out from the containing cavity to cover the lens (Fig. 3, lens 45 is rotated, in a similar way as lens 28, in front of the user’s eye, thus to cover the lens of the eyewear, Col. 3, lines 7-30), for the purpose of periodically blocking at least some light entering the eye of the user.
Schwarz, in the same field of endeavor, additionally discloses the first housing is detachably connected to the frame (Fig. 5, Col. 3, lines 63-68, Col. 4, lines 1-20, the framework 14 is removably mounted on to the eyewear), for the purpose of easily converting eyewear from blocked vision to clear vision.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the smart glasses of Olgun with a shading mechanism comprising a first housing and a shading element; wherein the first housing is connected to the frame, the first housing comprises a containing cavity, and the shading element is accommodated in the containing cavity and configured to extend out from the containing cavity to cover the lens of Reed and the first housing is detachably connected to the frame, of Schwarz, for the purpose of periodically blocking at least some light entering the eye of the user or alternatively to easily converting eyewear from blocked vision to clear vision.
Regarding Claim 12, Olgun discloses a smart glasses assembly (Fig. 1A, Fig. 3A) comprising:
a glasses case (Fig. 3A, Paragraph 0049, lines 1-4, case 311); and
a pair of smart glasses (Fig. 3A, Paragraph 0049, lines 1-4, smart glasses 310), the glasses case configured to accommodate the smart glasses (Fig. 3A, Paragraph 0049, lines 1-16), the pair of smart glasses comprising:
a frame (Fig. 1A, a front piece 33 with a right end portion 42 and a left end portion 41, optical element holder 37, Paragraph 0023);
a lens disposed in the frame (Fig. 1A, optical lens elements in lens areas 43 and 44, Paragraph 0023).
However, Olgun does not specifically disclose a shading mechanism comprising a first housing and a shading element; wherein the first housing is detachably connected to the frame, the first housing comprises a containing cavity, and the shading element is accommodated in the containing cavity and configured to extend out from the containing cavity to cover the lens.
Reed, in the same field of endeavor, teaches a shading mechanism comprising a first housing (Fig. 3, interior of goggles 62, Col. 3, lines 28-52) and a shading element (Fig. 3, wheel 48, wheel 50, motor output shaft 52, spring 68, and lens 45, Col. 3, lines 28-52); wherein the first housing is connected to the frame (Fig. 3, interior of goggles 62 is attached exterior of goggles 62 acting as the frame, Col. 3, lines 28-52), the first housing comprises a containing cavity (see annotated Fig. 3 and Fig. 4, below),
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and the shading element (Fig. 3, lens 45 will block 70%-90% of the color to be highlighted, Col. 3, lines 44-52) is accommodated in the containing cavity (Fig. 3 and Fig. 4, as shown) and configured to extend out from the containing cavity to cover the lens (Fig. 3, lens 45 is rotated, in a similar way as lens 28, in front of the user’s eye, thus to cover the lens of the eyewear, Col. 3, lines 7-30), for the purpose of periodically blocking at least some light entering the eye of the user.
Schwarz, in the same field of endeavor, additionally discloses the first housing is detachably connected to the frame (Fig. 5, Col. 3, lines 63-68, Col. 4, lines 1-20, the framework 14 is removably mounted on to the eyewear), for the purpose of easily converting eyewear from blocked vision to clear vision.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the smart glasses of Olgun with a shading mechanism comprising a first housing and a shading element; wherein the first housing is connected to the frame, the first housing comprises a containing cavity, and the shading element is accommodated in the containing cavity and configured to extend out from the containing cavity to cover the lens of Reed and the first housing is detachably connected to the frame, of Schwarz, for the purpose of periodically blocking at least some light entering the eye of the user or alternatively to easily converting eyewear from blocked vision to clear vision.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Olgun et al. (US 2023/0031234), in view of Reed (US 5,363,152), in view of Schwarz (US 3,838,913), and further in view of Choi et al. (US 2022/0004008).
Regarding Claim 10, Olgun in view of Reed further in view of Schwarz, discloses as is set forth above but doesn’t specifically disclose wherein further comprising a light sensor, wherein the light sensor is connected to the frame and disposed adjacent to the lens, and the light sensor is configured to detect a brightness of external light sources and to generate a prompt when the detected brightness is greater than a preset light threshold.
However, Choi, in the same field of endeavor, teaches further comprising a light sensor, wherein the light sensor is connected to the frame and disposed adjacent to the lens, and the light sensor is configured to detect a brightness of external light sources and to generate a prompt when the detected brightness is greater than a preset light threshold (Paragraph 0044, lines 1-10, ambient light sensor provides ambient light sensor data, if a predetermined threshold of light is exceeded, then a trigger condition in the circuitry is present), for the purpose of adjusting the amount of light sent to the user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the smart glasses of Olgun in view of Reed further in view of Schwarz with the wherein further comprising a light sensor, wherein the light sensor is connected to the frame and disposed adjacent to the lens, and the light sensor is configured to detect a brightness of external light sources and to generate a prompt when the detected brightness is greater than a preset light threshold, of Choi, for the purpose of adjusting the amount of light sent to the user.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Olgun et al. (US 2023/0031234), in view of Reed (US 5,363,152), in view of Schwarz (US 3,838,913), and further in view of Qin (US 2015/0103152).
Regarding Claim 11, Olgun in view of Reed further in view of Schwarz, discloses as is set forth above but doesn’t specifically disclose wherein further comprising at least one connecting member, wherein the at least one connecting member comprises a base and a sliding block, the base is connected to the frame, a side of the base away from the frame defines a sliding groove, the sliding block is connected to a side of the first housing facing the frame, and the sliding block is slidably disposed in the sliding groove.
However, Qin, in the same field of endeavor, teaches further comprising at least one connecting member, wherein the at least one connecting member comprises a base and a sliding block, the base is connected to the frame, a side of the base away from the frame defines a sliding groove, the sliding block is connected to a side of the first housing facing the frame, and the sliding block is slidably disposed in the sliding groove. (Paragraph 0066, lines 1-5, Fig. 7c, T-shaped protruding portion 703’ is engaged with the T-shaped notched 703 by inserting 703’ into 703), for the purpose of reversibly connecting components of head-mounted eyewear.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the smart glasses of Olgun in view of Reed further in view of Schwarz with the wherein further comprising at least one connecting member, wherein the at least one connecting member comprises a base and a sliding block, the base is connected to the frame, a side of the base away from the frame defines a sliding groove, the sliding block is connected to a side of the first housing facing the frame, and the sliding block is slidably disposed in the sliding groove, of Qin, for the purpose of reversibly connecting components of head-mounted eyewear.
Allowable Subject Matter
Claims 2-9 and 13-20 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Specifically, with respect to claims 2 and 13, none of the prior art either alone or in combination disclose or teach smart glasses/smart glasses assembly including, as the distinguishing feature(s) in combination with the other limitations, wherein the shading mechanism further comprises a shaft, a rotating member, and an elastic member, the shaft is disposed in the containing cavity, the rotating member is sleeved on the shaft, the elastic member is wound around the shaft, two ends of the elastic member are connected to the shaft and the rotating member respectively, the elastic member is configured to drive the rotating member to rotate relative to the shaft; the first housing further comprises a hole connected to the containing cavity, one end of the shading element is connected to and wrapped around the rotating member, and another end of the shading element is configured to extend through the hole to cover the lens.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Earley, JR. (US 2022/0360290), Darata et al. (US 2005/0168683), Shah et al. (US 2023/0324690), Ashwood et al. (US 2018/0136491), and Steger et al. (US 2024/0130496) are cited to show similar smart glasses/smart glasses assemblies but do not disclose the allowable subject matter as detailed above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R ALEXANDER whose telephone number is (571)270-7656. The examiner can normally be reached M-F 8:30 AM- 4:00 PM.
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, Pinping Sun can be reached on (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM R ALEXANDER/ Primary Examiner, Art Unit 2872
