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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 recites the limitation "groove-like structures" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "hole-like structure" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 5-10 are rejected as depending from a rejected claim.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sieger, U.S. Design Patent D487,344 in view of Fernandez, FR 2,965,706.
Regarding Claim 1, Sieger teaches:
A hanger body (see below), wherein the hanger body is provided with a through hole (see below) with a strip-shaped hole structure (see below), the hanger body is further provided with a hanging hole (see below) with a rectangular hole structure, the hanging hole is connected to the through hole , a width of the hanging hole (see below) is smaller than the width of the through hole, and the hanging hole is arranged to hang a temple bending (see Claim); a rotating shaft (see below)…a limiting plate (see below) is rotatably provided on the rotating shaft (see below), and the limiting plate is located in the through hole (see below).
Sieger does not teach:
A rotating shaft is threadedly connected to the hanger body.
Fernandez teaches an eyeglass holder with a threaded hole for a fastening screw (see Abstract, see Figs. 3A, B).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Sieger with a threaded hole for the shaft as taught by Fernandez because the threaded connection would impose a strain on the shaft when the hanging element is flipped up and this would allow a user to access a pocket which is covered up by the eyeglass hanging device.
Allowable Subject Matter
Claims 2-10 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J SULLIVAN whose telephone number is (571)270-5218. The examiner can normally be reached IFP, Typically M-Th, 8:00-6:00, regular Fr availability.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at 571-272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J SULLIVAN/Examiner, Art Unit 3677
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