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 .
Response to Amendment
This is in response to amendment received on 12/22/25. Claims 1, 3, 5, 6, 8 and 10 have been amended and claims 2 and 7 have been cancelled. Claims 1, 3-6 and 8-10 are examined herein.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the countersunk holes and the accessories being flush with the back of the strap of claims 1 and 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the title is repeated in the specification and there is a (Fig 1) located below the abstract paragraph on the abstract page. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claim(s) 1, 3-4, 6, 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (US 7,004,580) in view of Esses (US 7,524,052).
In regard to claim 1, Jackson et al. teaches a water sports mask (column 8, lines 63-66), comprising: a mask body (see figure 1), including: a frame portion (frame/sealing ridge: 163): a viewing window portion connected to the frame portion (viewing window/lens: 161, connected to 163: column 8, lines 28-36): and a waterproof skirt having a part embedded in the frame portion (waterproof skirt/sealing member: 170, embedded in frame: 163, see figure 13); and a head strap connected to two sides of the mask body (head strap is first and second extensions: 30, 40 or 120 and retainer: 200), wherein when a user wears the water sports mask (figure 1), the head strap is configured to be wrapped around a head of the user to secure the mask body to a face of the user (see figure 1); characterized in that: the head strap comprises a strap body (retainer 200 and temple portions 30, 40 or 120, column 5, lines 63-66 and column 6, lines 42-50).
However, Jackson et al. fails to teach the head strap comprises a plurality of accessories, and the strap body is provided with a plurality of countersunk holes at least one opening so that one of the accessories the at least one accessory is selectively and detachably coupled to the strap body through one of the countersunk holes at least one opening; each of the accessories has an end portion, an ornamental portion opposite to the end portion, and a neck portion formed therebetween: and each of the countersunk holes has a shape corresponding to a cross-section of the neck portion so that when one of the accessories is coupled to one of the countersunk holes, the end portion of the coupled accessory is configured to be suitably recessed into the coupled countersunk hole and flush with the inner side of the strap body, and the ornamental portion of the coupled accessory is located on an outer side of the strap body.
Esses teaches a temple/head section (32, 34) that comprises a plurality of accessories (ornaments: 40), and the strap body is provided with a plurality of countersunk holes (see openings/holes: 36-38) at least one opening so that one of the accessories are selectively and detachably coupled to the strap body through one of the countersunk holes at least one opening (see figures 1-2, column 5, lines 53-64, detailing hole and flush fitting of accessory end); each of the accessories has an end portion (flat end portion of 46 as seen in figure 2), an ornamental portion opposite to the end portion (ornamental potion 42), and a neck portion formed therebetween (neck portion is post between end and ornamental portion): and each of the countersunk holes has a shape corresponding to a cross-section of the neck portion so that when one of the accessories is coupled to one of the countersunk holes (see figures 1 and 2 and column 5, lines 53-64), the end portion of the coupled accessory is configured to be suitably recessed into the coupled countersunk hole and flush with the inner side of the strap body (figures 1 and 2, column 5, lines 63-64), and the ornamental portion of the coupled accessory is located on an outer side of the strap body (see figures 1 and 2 ornamentation portion 42).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the reconfigurable swimming eyeglasses of Jackson et al. with the accessories and attachment as taught by Esses, since the reconfigurable swimming eyeglasses of Jackson et al. provided with the temple/head strap section having attachable accessories would provide a decorative means to adorn the swimming eyeglasses for aesthetic effects and the countersunk openings would retain the accessory end flush with the head section so as to not catch on the user’s skin or hair when worn.
In regard to claim 3, Esses teaches wherein the shape is rectangular or circular (column 5, lines 14-19).
In regard to claim 4, Esses teaches wherein the end portion of each of the accessories has a conical shape or a mushroom shape (column 5, lines 14-19).
In regard to claim 6, Jackson et al. teaches a water sports mask (column 8, lines 63-66), comprising: a mask body (see figure 1), including: a frame portion (frame/sealing ridge: 163): a viewing window portion connected to the frame portion (viewing window/lens: 161, connected to 163: column 8, lines 28-36): and a waterproof skirt having a part embedded in the frame portion (waterproof skirt/sealing member: 170, embedded in frame: 163, see figure 13); and a head strap connected to two sides of the mask body (head strap is first and second extensions: 30, 40 or 120 and retainer: 200), so that when a user wears the water sports mask (figure 1), the head strap is configured to be wrapped around a head of the user to secure the mask body to a face of the user (see figure 1)(retainer 200 and temple portions 30, 40 or 120, column 5, lines 63-66 and column 6, lines 42-50).
However, Jackson et al. fails to teach the head strap comprises a plurality of accessories at least one accessory, and the strap body is provided with a plurality of countersunk holes at least one opening in each of the accessories of the at least one accessory is selectively and detachably coupled to the strap body through one of the countersunk holes at least one opening; each of the accessories has an end portion, an ornamental portion opposite to the end portion, and a neck portion formed therebetween: and each of the countersunk holes has a shape corresponding to a cross-section of the neck portion so that when one of the accessories is coupled to one of the countersunk holes, the end portion of the coupled accessory is configured to be suitably recessed into the coupled countersunk hole and flush with the inner side of the strap body, and the ornamental portion of the coupled accessory is located on an outer side of the strap body.
Esses teaches a temple/head section (32, 34) that comprises a plurality of accessories (ornaments: 40), and the strap body is provided with a plurality of countersunk holes (see openings/holes: 36-38) at least one opening so that one of the accessories the at least one accessory is selectively and detachably coupled to the strap body through one of the countersunk holes at least one opening (see figures 1-2, column 5, lines 53-64, detailing hole and flush fitting of accessory end); each of the accessories has an end portion (flat end portion of 46 as seen in figure 2), an ornamental portion opposite to the end portion (ornamental potion 42), and a neck portion formed therebetween (neck portion is post between end and ornamental portion): and each of the countersunk holes has a shape corresponding to a cross-section of the neck portion so that when one of the accessories is coupled to one of the countersunk holes (see figures 1 and 2 and column 5, lines 53-64), the end portion of the coupled accessory is configured to be suitably recessed into the coupled countersunk hole and flush with the inner side of the strap body (figures 1 and 2, column 5, lines 63-64), and the ornamental portion of the coupled accessory is located on an outer side of the strap body (see figures 1 and 2 ornamentation portion 42).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the reconfigurable swimming eyeglasses of Jackson et al. with the accessories and attachment as taught by Esses, since the reconfigurable swimming eyeglasses of Jackson et al. provided with the temple/head strap section having attachable accessories would provide a decorative means to adorn the swimming eyeglasses for aesthetic effects and the countersunk openings would retain the accessory ends flush with the head section so as to not catch on the user’s skin or hair when worn.
In regard to claim 8, Esses teaches wherein the shape is rectangular or circular (column 5, lines 14-19).
In regard to claim 9, Esses teaches wherein the end portion of each of the accessories has a conical shape or a mushroom shape (column 5, lines 14-19).
Claim(s) 5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (US 7,004,580) in view of Esses (US 7,524,052) as applied to claims 1 and 6 above, and further in view of Hermiller et al. (US 2024/0049838).
Jackson et al. and Esses teach an accessory/ornament being made from soft thermoplastic materials.
In regard to claims 5 and 10, Hermiller et al. teaches ornaments/accessories wherein each of the accessories is made of a soft material with a Shore A hardness of 85, and the soft material is selected from thermosetting silicone rubber, thermoplastic rubber, thermoplastic polyurethane or any combinations thereof (bottom of paragraph 0011).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the ornament/accessory of Jackson et al. and Esses to be made of a soft thermoplastic polymer as taught by Hermiller et al., since the ornament/accessory of Jackson et al. and Esses being provided with in a thermoplastic polyurethane material with a shore hardness of 85 would provide an accessory the is flexible enough to allow the flange to be popped through the hole/opening while mitigating displacement and removable of the accessory when in place (see bottom of paragraph 0040 of Hermiller et al.).
However, Hermiller et al. fails to teach the specific Shore A hardness of 20-80. Hermiller et al. does teach that one of ordinary skill in the art may select suitable material and shore hardness values to manufacture the accessory within the scope of the present disclosure (paragraph 0040).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a material having a Shore A hardness of 20-80 for the accessories of Jackson et al. and Esses, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alissa Tompkins whose telephone number is 571-272-3425. The examiner can normally be reached M-F: 9:00-5:30 EST.
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/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732
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