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
The preliminary amendment filed on 1/28/2025 has been entered.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), based on an application filed in Italian Republic. The Applicant has filed a certified copy of the IT102022000016173 application as required by 37 CFR 1.55, which has been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/28/2025 is incompliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings received on 1/28/2025 are accepted by the Examiner.
Examiners Note
Reference characters and numbers corresponding to elements enclosed within parentheses in the claims, which don’t have any effect on the scope of the claims, are not added in the office action to avoid confusion with the numbers and characters of the prior arts.
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 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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ryner et al. (US 2021/0255481) in view of Rinaldo (EP 1090324, of record, reference is in English), and further in view of Chao (US 5,815,899).
Regarding claim 1, Ryner teaches glasses (refer to US 20210255481) comprising:
- a front (front frame 105 and 170A-B, Figs. 1A, 2D, [0041]) and two temples (temples 125A-B, [0052], Fig. 2C) rotatably coupled to said front so as to rotate between a first stable opening position and a second stable closing position (hinge is coupled to the frame [0032]; right hinge 226B connects the right temple 110B to a right temple 125B of the eyewear device 100, [0044], Fig. 1B; left temple 325A connected to frame 330 via the left hinge 326A, [0068]; Fig. 3; hinge rotatably secured in a cap hinge and configured to allow rotation of the left temple with respect to fixed left temple 110A. [0073]; the hinge rotates from the closed position to the open position, [0082]; the hinge configured to allow rotation of the temple with respect to the frame, [claim 1]), said front comprising two first open receiving seats facing said temples (two receiving seats are the surfaces of the two cavities in the back of the frame assembly where the two hinges are received and attached, two ends of the two hinges are received and seated in the frame assembly, in Fig. 3 receiving seat is the cavity in 110A where one end of hinge 326A entered/ penetrates),
- two hinge assemblies (126A and 126B, Fig. 2C, Fig. 3 shows one side 325A ) by means of which said temples are rotatably coupled to said front (see Figs. 2C-2D; the hinge configured to allow rotation of the temple with respect to the frame, [claim 1]), each of said hinge assemblies comprising:
- a hinging body coupled to a respective temple (Figs. 2C,3, hinge 126A-B /326A coupled to temple 125A-B) so that it has an end portion which protrudes overhanging with respect to said temple (Figs. 2C, 3 show hinging body 126A-B/326A protrude overhanging with respect to the temple) and penetrates at least a portion of a respective one of said first receiving seats in which it is rotatably coupled to said front (see Figs. 2C, 3; Fig. 3 shows hinge penetrates at least a portion of a respective one of said first receiving seats),
Ryner doesn’t explicitly teach: - an elastic element being housed within said respective first receiving seat, said elastic element being interposed between a bottom wall of said respective first receiving seat and said end portion of said hinging body, said elastic element being in abutment with said bottom wall and said end portion, said elastic element being preloaded in compression with a preloading force, said hinging body and said elastic element being configured in such a way that when the respective temple is in the first stable opening position or in the second stable closing position, said elastic element exerts a first thrust force that is equal and opposite to the preloading force on the end portion of said hinging body, and when the respective temple passes from the first stable opening position to the second stable closing position, or vice versa, said elastic element is compressed with a compressive force greater than said preloading force exerted by said end portion of said hinging body.
Ryner and Rinaldo are related because both teaches eyeglasses. Rinaldo teaches a bistable hinge (Figs. 1, 4, 5 and 7) to rotatable connect two portions of eyeglass: - an elastic element (spring 17, [23] of machine translation MT) being housed within said respective first receiving seat (see Figs. 1, 4; hinge 10, spring 17, in these figures spring 17 housed within the respective first receiving seat lands/seats, i.e. cavity, [0022-0028] of MT), said elastic element being interposed between a bottom wall of said respective first receiving seat and said end portion of said hinging body (Figs. 1, 4; spring 17 pressed against the bottom 18 of 11 and the end portion of hanging body of hinge, Fig. 1, [0023] MT), said elastic element (17) being in abutment with said bottom wall and said end portion (see Fig. 1, 17 is in between), said elastic element being preloaded in compression with a preloading force (A spring 17 is inserted in the box-like portion 12 through the opening 14 and is kept pushed against the bottom 18 by a retention element 19, [0023]; spring 17 pressed against the bottom 18 and its head 23 outside said box-like portion 12 in abutment against the profile 25 of the male hinge component 16, [0029]; hinge is assembled, is in fact always kept pressed against the bottom by the piston, so that it tends to return to the inactive condition as soon as it is released, [0009]), said hinging body and said elastic element being configured in such a way that when the respective temple is in the first stable opening position or in the second stable closing position (Fig. 1 and Fig. 4), said elastic element exerts a first thrust force that is equal and opposite to the preloading force on the end portion of said hinging body, and when the respective temple passes from the first stable opening position to the second stable closing position, or vice versa, said elastic element is compressed with a compressive force greater than said preloading force exerted by said end portion of said hinging body (see Figs. 4-7; Figure 4 is a sectional view, taken along a longitudinal plane, of the hinge of Figure 1, with the temple in the closed position; Figure 5 is a sectional view, taken along a longitudinal plane, of the hinge of Figure 1 in the extra-wide opening position; Figure 6 is a sectional view, taken along a longitudinal plane, of the hinge of Figure 1 with the temple in the partially-open position; Figure 7 is a sectional view, taken along a longitudinal plane, of a second embodiment of an elastic hinge with safety locking; [0020], see the change of the spring in Figs. 5 and 6, with respect to Fig. 1 and 4; see claim 1). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the glasses of Ryner to include the elastic element’s structural setup and configuration with respect to the hinge as above, as taught by Rinaldo, for the predictable advantage of providing an elastic hinge with safety locking and which is structurally simple and whose operation is fully equivalent to conventional hinges, as taught by Rinaldo in [0015-0017].
Rinaldo’s reference is used for the teaching of a bistable hinge with elastic portion (Figs. 1, 4, 5 and 7) to rotatable connect two portions of eyeglass. Figures 1-7 illustrate elastic portion inside the temple portion but doesn’t explicitly teach the elastic portion is inside the frame portion. Ryner and Chao are related because both teach eyeglasses. Chao teaches the elastic portion inside the frame portion (Figs. 1-4, spring 15, frame 10, temple 20, [C-2, L-31-33]; Frame body 10 includes channel 18 laterally formed therein and intersecting the groove 14, groove 14 formed for receiving a spring 15, [C-2, L-13-19]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the glasses of modified Ryner to assemble the elastic portion inside the frame portion, as taught by Chao for the predictable advantage of the spring members can be easily assembled in the extensions of the spectacle frame and the temples are not required to be excavated, as taught by Chao in [abstract].
Regarding claim 2, the modified Ryner teaches the glasses according to claim 1 (see above), Rinaldo further teaches wherein said hinging body comprises: - a protrusion (sides of 16 and portion 21, Figs. 4-7) made on said end portion of said hinging body (component 16 of the hinge) which protrudes towards and is in contact with said elastic element (spring 17), said protrusion (16 and 21) compresses said elastic element (spring 17) when the respective temple passes from the first stable opening position to the second stable closing position or vice versa (Figs. 4 and 7; Fig. 6 shows the corner of 16 pushed the spring through 21). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the glasses of modified Ryner to include a protrusion made on said end portion of said hinging body which protrudes towards and is in contact with said elastic element, said protrusion compresses said elastic element when the respective temple passes from the first stable opening position to the second stable closing position or vice versa, as taught by Rinaldo, for the predictable advantage of providing an elastic hinge with safety locking and which is structurally simple and whose operation is fully equivalent to conventional hinges, as taught by Rinaldo in [0015-0017].
Regarding claim 3, the modified Ryner teaches the glasses according to claim 1 (see above), Rinaldo further teaches, wherein said first receiving seat (where the hinge 16, 21 received by 11) comprises a first endstroke wall (Fig. 4, upper side wall of 11, above the bore 31) and a second endstroke wall (Fig. 4, lower side wall of 11, below the bore 31) opposite to said first endstroke wall (two sides of the bore), said protrusion (side of 16 and 21) being in contact and in abutment with said first endstroke wall when the respective temple is in the first stable opening position, said protrusion being in contact and in abutment with said second endstroke wall when the respective temple (220) is in the second stable closing position (Fig. 4 closed position and Fig. 7 is open position, two different walls of 16 are in contact and in abutment with first wall and second wall when open and closed positions; similar to Figs. 3, 5 and 7 of the instant application). Chao teaches the elastic portion inside the frame portion (Figs. 1-4, spring 15, frame 10, temple 20, [C-2, L-31-33]; Frame body includes channel 18 and the groove 14, groove 14 formed for receiving a spring 15, [C-2, L-13-19]), first receiving seat, groove with channel, comprises a first endstroke wall (Fig. 2, upper side wall of 14, above the bore 14) and a second endstroke wall (Fig. 4, lower side wall below the bore 14) opposite to said first endstroke wall. Fig. 4 illustrates temple in 3 positions: in open, intermediate and closed positions.
Regarding claim 4, the modified Ryner teaches the glasses according to claim 1 (see above), Rinaldo further teaches, said hinge assembly (10, Fig. 1) comprises a thrust body (21, Figs. 1, 4-7) interposed between said elastic element (17) and said end portion of said hinging body (end portion of 16 towards 11), said thrust body (21) also being in abutment with said elastic element (17) and said end portion (end portion of 16 towards 11).
Regarding claim 5, the modified Ryner teaches the glasses according to claim 4 (see above), Rinaldo further teaches said thrust body (21) is a pressor comprising a blind cavity in which said elastic element (17) is housed (see Figs, 1, 4-7).
Regarding claim 6, the modified Ryner teaches the glasses according to claim 1 (see above), Chao teaches wherein said front (frame side in front of temple) comprises two second receiving seats (seat for receiving pin 19, Fig. 1) in communication with said first receiving seats (channel 18 for receiving the spring 15, Fig. 1) and having an axis that is transverse with respect to that of the first receiving seats (see Fig. 1 axes are in crosswise directions), said end portion being provided with a first through hole (Fig. 1, orifice 17, [C-2, L-21]) arranged at a respective second receiving seat (seat for receiving pin 19, Fig. 1) and coaxial thereto (see Fig. 1), said hinge assembly (hole 21 for engaging with the pin 19 such that the legs 20 are allowed to be rotated about the pin 19, [C-2, L-22-26]), comprising a first coupling pin (19) which is housed in said respective second receiving seat (17/21) and which passes through said first through hole (orifice 17/21) so as to achieve a rotatable coupling with said end portion (orifice 17 formed therein for engaging with a pin 19. A pair of legs 20 each includes one end engaged in channel 18 and each includes a hole 21 for engaging with the pin 19 such that the legs 20 are allowed to be rotated about the pin 19, [C-2, L-20-26]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the glasses of modified Ryner wherein said front comprises two second receiving seats in communication with said first receiving seats and having an axis that is transverse with respect to that of the first receiving seats, said end portion being provided with a first through hole arranged at a respective second receiving seat and coaxial thereto, said hinge assembly, comprising a first coupling pin which is housed in said respective second receiving seat and which passes through said first through hole so as to achieve a rotatable coupling with said end portion, as taught by Chao, for the predictable advantage of this structure with spring can be easily manufactured and assembled in the extensions of the spectacle frame and the temples are not required to be excavated, as taught by Chao in [abstract].
Regarding claim 7, the modified Ryner teaches the glasses according to claim 6 (see above), Chao teaches wherein the axes of said first receiving seats and said second receiving seats are substantially mutually perpendicular (Fig. 1, channel 18 and hole 21 are substantially mutually perpendicular).
Regarding claim 8, the modified Ryner teaches the glasses according to claim 1 (see above), Chao teaches wherein said temples (20, Fig. 1) comprise two openings (21) facing the interspace between said temples (20) and said front (frame 10 and extension 12), said hinging body (hole 21 for engaging with the pin 19 such that the legs 20 are allowed to be rotated about the pin 19, [C-2, L-22-26]) comprising a second through hole (17) arranged at a respective opening (21) and coaxial thereto (see Fig. 1), said hinge assembly (hole 21 for engaging with the pin 19 such that the legs 20 are allowed to be rotated about the pin 19, [C-2, L-22-26]) comprising a second coupling pin (pin 19) which is housed in a respective opening (21) and which passes through said second through hole (17) so as to couple said hinging body (hole 21 for engaging with the pin 19 such that the legs 20 are allowed to be rotated about the pin 19, [C-2, L-22-26]) to the respective temple (temple 20, Fig. 1). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the glasses of modified Ryner wherein said temples comprise two openings facing the interspace between said temples and said front, said hinging body comprising a second through hole arranged at a respective opening and coaxial thereto, said hinge assembly comprising a second coupling pin which is housed in a respective opening and which passes through said second through hole so as to couple said hinging body to the respective temple, for the predictable advantage of this structure with spring can be easily assembled in the extensions of the spectacle frame and the temples are not required to be excavated, as taught by Chao in [abstract].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (i) Kim et al. (KR 101925727, attached machine translation), (ii) Dal Pont. (US 2021/0263335) Flexible temple for eyeglasses, (iii) Tsai (US 20120092610, of record) Viewing glass with adjustment mechanism and (iv) Montalban (US 20190162983 A1) Elastic hinge for eyeglass frames disclose rearview mirrors in vehicles includes a base member, mirror assembly is supported on mounting arm by means of a ball members or pivots, extending outwardly, and a breakaway fastening assembly, (v) Wang et al. (WO 2020038482), GLASSES.
While both the prior art of record and the instant application disclose a thrust body, the instant specification discloses a specific thrust body shape that is distinct from the reference.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHMAN ABDUR whose telephone number is (571)270-0438. The examiner can normally be reached 8:30 am to 5:30 pm PST.
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, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/R.A/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
Prosecution Insights