DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/17/2025, 08/13/2025, 09/08/2025, 09/09/2025, 09/10/2025 and 10/14/2025 being considered by the examiner. A copy of initialed form is attached for Applicant’s record.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-2 are rejected under pre-AIA 35 U.S.C. 102(b)(2) as being anticipated by Cochran, Jr. (US 4,254,451 A of record).
Regarding claim 1, Cochran, Jr. discloses an eyewear, in figure 1, comprising:
an eyewear frame (10) having a front area including or coupling to first and second side pieces (12a or 12, 14a or 14), the first and second side pieces (12a or 12, 14a or 14) being provided at opposite sides of the front area of the eyewear frame (10), at least a portion of the first side piece (12a or 12) being provided at or adjacent to a first side of the front area and extending rearward therefrom, at least a portion of the second side piece (14a or 14) being provided at or adjacent to a second side of the front area and extending rearward therefrom;
a first flexible printed circuit board internal to the front area of the eyewear frame (col.3, lines 43-53);
a first integrated circuit provided internal to the front area of the eyewear frame, the first integrated circuit being mounted on the first flexible printed circuit board(col.4, lines 24-36);
a second flexible printed circuit board internal to the front area of the eyewear frame (col.3, lines 43-53); and
a second integrated circuit provided internal to the front area of the eyewear frame, the second integrated circuit being mounted on the second flexible printed circuit board (col. 4, lines 24-36; col.7, lines 4-8).
Regarding claim 2, Cochran, Jr. discloses the eyewear as recited in claim 1. Cochran, Jr. further discloses wherein the eyewear comprises:
a first electrical component (figure 2)(e.g. batteries 18 or control dial 22 or switch 44) in the first side piece (12); and a second electrical component (figure 1)(battery 18) in the second side piece (14), wherein the first electrical component is electrically connected to the first integrated circuit or the second integrated circuit provided in the front area, and wherein the second electrical component is electrically connected to the first integrated circuit or the second integrated circuit provided in the front area (all electrical component are connected in either on or off state).
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.
1. The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 3 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Cochran, Jr., as applied to claim 2 above, in view of Swab et al. (US 6,929,365 B2 of record).
Cochran, Jr. discloses an eyewear as recited in claim 2 with said electrical components on extended piece. However, Cochran does not disclose wherein the first electrical component includes at least a first speaker, and wherein the second electrical component includes at least a second speaker.
Swan et al. is in same field of endeavor and teaches, in figure 10, a first electrical component includes at least a first speaker (60, figure 10), and wherein the second electrical component includes at least a second speaker (62, figure 10) (col.6, lines 31-32). Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was made, to apply teachings of Swab et al. to device of Cochran for purpose of letting users listen to music or take calls while remaining aware of your surroundings.
Conclusion
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/TUYEN TRA/ Primary Examiner, Art Unit 2872
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