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.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 4/7/2025. An initialed copy is attached to this Office Action.
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 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 6, 8-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Donoli Alessandra (WO 2020094384), hereinafter ‘384.
Regarding claim 1, ‘384 discloses a nose pad for eyeglasses (1, nosepiece for eyeglasses) (paragraph 43), comprising a first engagement means (2, arm includes {2a, supporting portion; 2b, lower anchoring portion; 3, cross-section widening; 4, side protrusions}) adapted to engage in a frame (P, bridge; Examiner notes the bridge is part of the frame) of a pair of eyeglasses (paragraph 46), said first engagement means (2, arm includes {2a, supporting portion; 2b, lower anchoring portion; 3, cross-section widening; 4, side protrusions}) being provided with a lower end (2b, lower anchoring portion) comprising at least one portion adapted to be inserted in the frame (paragraphs 47 and 50-51; figure 1), and with a substantially spherical head (3, cross-section widening) at an opposite end (Figure 1 and paragraphs 46 and 71), which is adapted to engage in a corresponding cavity (6, through hole) defined in a second engagement means (5, nose pad;5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions) (paragraphs 51-54), so that the second engagement means (5, nose pad;5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions) can rotate about different axes around said substantially spherical head (paragraph 72).
Regarding claim 2, ‘384 discloses wherein said cavity (6, through hole) of the second engagement (5, nose pad; 5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions) means in which said substantially spherical head (3, cross-section widening) is adapted to engage is a cavity (6, through hole) that is partially complementary to said substantially spherical head (3, cross-section widening) (paragraphs 70-72) and is made of a deformable material that is adapted to allow the movement of the substantially spherical head (3, cross-section widening) in said partially complementary cavity (6, through hole) (paragraphs 24 and 71 discloses the nose pad is made by deformability of the material).
Regarding claim 3, ‘384 discloses wherein said cavity (6, through hole) of said second engagement means (5, nose pad; 5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions) in which said substantially spherical head (3, cross-section widening) of said first engagement means (2, arm includes {2a, supporting portion; 2b, lower anchoring portion; 3, cross-section widening; 4, side protrusions}) is adapted to engage is a cavity (6, through hole) that is open laterally through an opening defined in a lateral surface of said second engagement means (5, nose pad; 5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions), said opening allowing said substantially spherical head to protrude at least partially from it (paragraphs 70-71).
Regarding claim 6, ‘384 discloses wherein said second engagement means (5, nose pad;5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions) is coupled to said substantially spherical head (3, cross-section widening) with a space defined between said second engagement means (5, nose pad; 5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions)and said frame (P, bridge; Examiner notes the bridge is part of the frame) (paragraph 71 and figure 3).
Regarding claim 8, ‘384 discloses wherein said second engagement means (5, nose pad; 5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions) is adapted to rotate around said substantially spherical head (3, cross-section widening) of said first engagement means (2, arm includes {2a, supporting portion; 2b, lower anchoring portion; 3, cross-section widening; 4, side protrusions}) so as to be able to angle said second engagement means (5, nose pad; 5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions) with respect to said first engagement means (2, arm includes {2a, supporting portion; 2b, lower anchoring portion; 3, cross-section widening; 4, side protrusions}) and consequently with respect to said frame (paragraphs 71-72).
Regarding claim 9, ‘384 discloses wherein the deformable material of which the second engagement means is composed is deformable plastic or metal (paragraphs 28 and 67).
Regarding claim 10, ‘384 discloses further comprising a covering element made of rubber or plastic and adapted to be arranged to cover said second engagement means (5, nose pad; 5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions) (paragraph 64).
Regarding claim 11, ‘384 discloses a frame for eyeglasses (1, nosepiece for eyeglasses) (paragraph 43), comprising a pair of nose pads (figure 1), each one of said nose pads being characterized in that it comprises a first engagement means (2, arm includes {2a, supporting portion; 2b, lower anchoring portion; 3, cross-section widening; 4, side protrusions}) adapted to engage in the frame (P, bridge; Examiner notes the bridge is part of the frame) (paragraph 46), said first engagement means (2, arm includes {2a, supporting portion; 2b, lower anchoring portion; 3, cross-section widening; 4, side protrusions}) being provided with a lower end (2b, lower anchoring portion) comprising at least one portion adapted to be inserted in the frame (paragraphs 47 and 50-51; figure 1), and with a substantially spherical head (3, cross-section widening) at an opposite end (Figure 1 and paragraphs 46 and 71), which is adapted to engage in a corresponding cavity (6, through hole) defined in a second engagement means (5, nose pad;5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions) (paragraphs 51-54), so that the second engagement means (2, arm includes {2a, supporting portion; 2b, lower anchoring portion; 3, cross-section widening; 4, side protrusions}) can rotate about different axes around said substantially spherical head (paragraph 72).
Regarding claim12, ‘384 discloses eyeglasses, comprising a frame with a pair of nose pads (1, nosepiece for eyeglasses) (paragraph 43), each one of said nose pads being characterized in that it comprises a first engagement means (2, arm includes {2a, supporting portion; 2b, lower anchoring portion; 3, cross-section widening; 4, side protrusions}) adapted to engage in the frame (P, bridge; Examiner notes the bridge is part of the frame) (paragraph 46), said first engagement means (2, arm includes {2a, supporting portion; 2b, lower anchoring portion; 3, cross-section widening; 4, side protrusions}) being provided with a lower end (2b, lower anchoring portion) comprising at least one portion adapted to be inserted in the frame (paragraphs 47 and 50-51; figure 1), and with a substantially spherical head (3, cross-section widening) at an opposite end, which is adapted to engage in a corresponding cavity (6, through hole) defined in a second engagement means (5, nose pad;5b, connecting portion; 7, insert; 7a, plate; 7b, protrusions) (paragraphs 51-54), so that the second engagement means can rotate about different axes around said substantially spherical head (paragraph 72).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 4-5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Donoli Alessandra (WO 2020094384), hereinafter ‘384 as applied to claim 1 above, and further in view of Xiao, Ze-fu (CN 218848494), hereinafter ‘494.
Regarding claim 4, ‘384 discloses all the limitations in common with claim 1, and such is hereby incorporated.
‘384 does not specifically disclose wherein said at least one portion adapted to be inserted in the frame is a pair of feet of said first engagement means, which are provided with teeth and are elastically yielding for forced coupling in said frame.
‘494 discloses wherein said at least one portion adapted to be inserted in the frame (1, frame) is a pair of feet of said first engagement means, which are provided with teeth (8, convex tooth part) and are elastically yielding for forced coupling in said frame (1, frame) (figures 2 and 5 and paragraphs 27).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teaching of ‘384 with the engagement means of ‘484 for the purpose of securing the nose pad to the frame.
Regarding claim 5, ‘494 discloses wherein said at least one portion adapted to be inserted in the frame is a threaded pivot adapted to be screwed (6, screw) into a hole defined in the frame (paragraphs 25-26).
Regarding claim 7, ‘494 discloses wherein said substantially spherical head is provided with an internal cavity adapted to allow it to be screwed into said first engagement means (paragraphs 10, 13, and 25-26).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDI N THOMAS whose telephone number is (571)272-2341. The examiner can normally be reached Monday - Friday 7:30 - 3:30.
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/BRANDI N THOMAS/ Primary Examiner, Art Unit 2872
