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 .
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
Claim Objections
Claims 1 and 5 are objected to because of the following informalities:
Claim 1 line 5: “a frame provided with a pivot base on each side;” should be --a frame provided with a pivot base on each side of the frame;--
Claim 5 line 3: “the second magnetic base” should be --the second magnet base--
Claim 5 line 5: “first magnetic” should be --first magnet--
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-10 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1 lines 1-2 recites “a side facing a wearer’s face is defined as an inner side” and claim 1 line 2 recites “a side not facing the wearer’s face is defined as an outer side”. Such recitations of “wearer’s face” are directed to or encompassing a human organism. This 35 USC 101 rejection could be overcome by reciting the human organism functionally, for example by reciting --a side configured to face a wearer’s face-- and --a side configured to not face the wearer’s face--
Claims 2-10 are rejected if only because they depend from a rejected claim.
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.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites in lines 7-8 “a first arm body and a second arm body pivoted at one end to each other, another end of the first arm body is...” such that it is not clear what structure is being referred to by “one end” and “another end”. It is noted that the “one end” of line 8 is not introduced as being an end of any particular structure and/or an end of an arm body and/or an end of the first body. Accordingly, it is not understood whether and how “another end” further limits the “one end” of line 8. For the purpose of applying art, the phrase “at one end to each other” is interpreted as if it reads --at an end of the first arm body--
Claims 2-10 are indefinite if only because they depend from an indefinite claim.
In addition, claim 6 is further indefinite in reciting in lines 1-2 “an end of the first arm body”. As stated above in addressing the indefiniteness of claim 1, what is claimed in claim 1 is, as best understood, the “one end” and “another end” of claim 1 are ends of the first arm body. Further introduction of “an end of the first arm body” in claim 6 is therefore indefinite insofar as it is not clear whether and how “an end of the first arm body” of claim 6 is further limiting either the “one end” or the “another end” of claim 1 or is instead introducing a newly claimed end. For the purpose of applying art, the phrase “an end of the first arm body” in claim 6 is interpreted as if it is in reference to the end of the first arm body pivoted on the pivot base introduced in claim 1 lines 8-9.
Claim 6 is further indefinite in reciting in line 6 “another end of the first arm body”. As stated above in addressing the indefiniteness of claim 1, what is claimed in claim 1 is, as best understood, the “one end” and “another end” of claim 1 are ends of the first arm body. Further introduction of “another end of the first arm body” in claim 6 is therefore indefinite insofar as it is not clear whether and how “another end of the first arm body” of claim 6 is further limiting either the “one end” or the “another end” of claim 1 or is instead introducing a newly claimed end. For the purpose of applying art, the phrase “another end of the first arm body” in claim 6 is interpreted as if it is in reference to the “one end” introduced in claim 1 line 8.
In addition, claim 9 is further indefinite in reciting “snap hooks extend from a top and a bottom of the wearing base” insofar as claim 1 introduces “two wearing bases” and therefore it is not clear whether “the wearing base” of claim 9 is intended to limit one or both of the two wearing bases of claim 1. For the purpose of applying art, claim 9 is interpreted as if it is limiting both wearing bases.
In addition, claim 10 is further indefinite in reciting “the wearing base” and “the adjustable linkage set” insofar as claim 1 introduces “two wearing bases” and “two adjustable linkage sets”; therefore it is not clear whether “the wearing base” and/or “the adjustable linkage set” of claim 10 is intended to limit one or both of the two wearing bases of claim 1 and/or one or both of the adjustable linkage sets of claim 10. For the purpose of applying art, claim 10 is interpreted as if it is limiting both wearing bases and both adjustable linkage sets.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Leight, US 5,724,119].
Regarding claim 1:
Leight discloses (Figs. 1-7):
A goggle structure (elements thereof identified hereinbelow; it is noted no specific numeral is provided for the entire goggle structure), in which a side facing a wearer's face is defined as an inner side (it is noted the limitation is drawn to nonstatutory subject matter; see 35 USC 101 rejections above; however, the goggle structure has an inner side configured to face a wearer’s face as evidenced in Fig. 1), and a side not facing the wearer's face is defined as an outer side (it is noted the limitation is drawn to nonstatutory subject matter; see 35 USC 101 rejections above; however, the goggle structure has an outer side configured to not face the wearer’s face as evidenced in Fig. 1), the goggle structure comprising:
a lens 40;
a frame 24, 24 (i.e. both of the “pair of” “shell[s] 24”; col. 2 lines 37-38) provided with a pivot base 80 (i.e. “coupling 80 that permits pivoting”; col. 2 line 65) on each side (col. 2 lines 63-65; Fig. 2);
two adjustable linkage sets (elements thereof identified hereinbelow) symmetrically (Figs. 2 and 7) pivoted (col. 2 lines 51-57) on each side of the frame (col. 2 lines 48-51),
wherein each of the adjustable linkage sets comprises a first arm body 50 and a second arm body 52 pivoted (col. 2 line 53) at one end (i.e. at end 58 of first arm body 50 and at end 60 of second arm body 52) to each other (col. 2 line 53), another end 56 of the first arm body 50 is pivoted on the pivot base (col. 2 lines 53-54) and is operable to pivot relative to the pivot base (col. 2 lines 53-54), and the second arm body 52 is fixed (via at least 54; col. 2 lines 51-52) to a side of the lens (via at least 54; col. 2 lines 51-52) and is operable to pivot relative to the first arm body (col. 2 lines 56-57); and
two wearing bases 32 symmetrically respectively provided on both sides of the frame (Figs. 2 and 7) for a wearing element 30 to be assembled,
wherein the lens is operable to form spacing from the frame by means of the pivoting of the first arm body and the second arm body (lens and goggle structure are configured such that pivoting of first arm body 50 relative to second arm body 52 “about...axis 64” (col. 2 line 57) is such that “the second bar 52...can be readily pivoted to move the eyeglass forward or rearward” (col. 4 lines 46-47) and to form spacing as claimed).
Regarding claim 2:
Leight discloses The goggle structure of claim 1, as set forth above.
Leight further discloses wherein when the first arm body and the second arm body are pivoted to a preset angle, the lens is lifted in a direction of an upper edge of the frame.
(Leight is configured such that first arm body and second arm body are configured to be pivoted to multiple angles relative to each other, including from a first angle to a second, preset, angle wherein at the second, preset, angle, the lens is lifted toward an upper edge of frame 24 relative to when the first arm body are provided at the first angle; including at least when the position 40A (see Fig. 4) defines the first angle between the first arm body and the second arm body such that pivoting of the second arm body from its position in 40A to second position such that lens 40 is closer to 80 which is at the upper edge of the frame to define the second, preset, angle).
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Negishi, US 2008/0284975].
Regarding claim 1:
Negishi discloses (Figs. 1-11):
A goggle structure 1, in which a side facing a wearer's face is defined as an inner side (it is noted the limitation is drawn to nonstatutory subject matter; see 35 USC 101 rejections above; however, the goggle structure has an inner side configured to face a wearer’s face as evidenced in Fig. 1), and a side not facing the wearer's face is defined as an outer side (it is noted the limitation is drawn to nonstatutory subject matter; see 35 USC 101 rejections above; however, the goggle structure has an outer side configured to not face the wearer’s face as evidenced in Fig. 1), the goggle structure comprising:
a lens 16, 16 (i.e. both of the “pair of right and left bifocal lenses”, of which “right lens 16 is shown”; para 27);
a frame 32 (i.e. both of the “female side members...32”; para 29) provided with a pivot base 66 on each side (“the left temple adjustment mechanism is a mirror image of the right”; para 28);
two adjustable linkage sets (elements thereof identified hereinbelow) symmetrically pivoted on each side of the frame (para 28), wherein each of the adjustable linkage sets comprises a first arm body 60 and a second arm body 58 pivoted at one end to each other (i.e. at end 60a of first arm body, which is “pivotably connected to” end 58b of the second arm body; para 30), another end 60b of the first arm body is pivoted on the pivot base (para 30) and is operable to pivot relative to the pivot base (para 30), and the second arm body 58 is fixed to a side of the lens (via at least the combined 30 and 14) and is operable to pivot relative to the first arm body (para 30); and two wearing bases 24 symmetrically respectively provided on both sides of the frame (paras 27-28) for a wearing element to be assembled (wearing bases 24 are capable of further connection to extraneous structure including a wearing element),
wherein the lens is operable to form spacing from the frame by means of the pivoting of the first arm body and the second arm body (lens and goggle structure are configured such that space is provided from frame 32 relative to the lens within rim 14 when the first arm body and second arm body are pivoted as evidenced in at least Figs. 4-5 which show the spacing being larger when the arm bodies are in the configuration of Fig. 5 than in the configuration of Fig. 4; para 31; Figs. 1-9).
Claim(s) 1-2 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Arai, US 4,866,792].
Regarding claim 1:
Arai discloses (Figs. 1-6):
A goggle structure (the “helmet” of Figs. 1-2 (col. 2 line 20), which comprises the combined 1, 2, A, and B), in which a side facing a wearer's face is defined as an inner side (it is noted the limitation is drawn to nonstatutory subject matter; see 35 USC 101 rejections above; however, the goggle structure has an inner side configured to face a wearer’s face insofar as the goggle structure is configured to be provided around a head of a wearer), and a side not facing the wearer's face is defined as an outer side (it is noted the limitation is drawn to nonstatutory subject matter; see 35 USC 101 rejections above; however, the goggle structure has an outer side configured to not face the wearer’s face insofar as the goggle structure is configured to be provided around a head of a wearer), the goggle structure comprising:
a lens 2;
a frame 1 provided with a pivot base (the respective “left and right outer surfaces of helmet body 1” to which A is secured; col. 2 lines 40-41) on each side (col. 2 lines 40-41);
two adjustable linkage sets (elements thereof identified hereinbelow) symmetrically (col. 2 lines 40-41) pivoted (via the rotation as described in the paragraph spanning cols. 1-2; col. 2 lines 51-58; col. 4 lines 1-35) on each side of the frame (col. 2 lines 40-41),
wherein each of the adjustable linkage sets comprises a first arm body B and a second arm body A pivoted (via the rotation as described in the paragraph spanning cols. 1-2; col. 2 lines 51-58; col. 4 lines 1-35) at one end (i.e. at an end of B where the lead line from 10 terminates in Figs. 1 and 4-5) to each other (col. 4 lines 4-5), another end (i.e. an end of the first arm body B where the lead line from 11 terminates in Figs.1 and 4-6) is pivoted on the pivot base (Figs. 4-6) and is operable to pivot relative to the pivot base (Figs. 4-6), and the second arm body A is fixed (via at least the first arm body B) to a side of the lens (via at least the first arm body B) and is operable to pivot relative to the first arm body (via the rotation as described in the paragraph spanning cols. 1-2; col. 2 lines 51-58; col. 4 lines 1-35; Figs. 4-6); and
two wearing bases 3 symmetrically respectively provided on both sides of the frame (Fig. 1; col. 2 lines 48-49) for a wearing element to be assembled (wearing bases 3 are configured such that an extraneous object can be attached thereto including but not limited to a wearing element),
wherein the lens is operable to form spacing from the frame by means of the pivoting of the first arm body and the second arm body (via the rotation as described in the paragraph spanning cols. 1-2; col. 2 lines 51-58; col. 4 lines 1-35 and as shown in Fig. 2).
Regarding claim 2:
Arai discloses The goggle structure of claim 1, as set forth above.
Arai further discloses wherein when the first arm body and the second arm body are pivoted to a preset angle (the preset angle which permits the raising to the configuration shown in phantom in Fig. 2), the lens is lifted in a direction of an upper edge of the frame (as the lens transition from the configuration of Fig. 2 into the configuration of Fig. 2 shown in phantom, the lens moves upwards such that the lower edge of the lens is provided upwards and towards an upper edge of the frame).
Regarding claim 4:
Arai discloses The goggle structure of claim 1, as set forth above.
Arai further discloses wherein the first arm body B is provided with a plurality of second adjusting holes 15a, 15b, 15c which are connected to each other (Figs. 1 and 4-6), a second neck (a neck between 15a and 15b or a neck between 15b and 15c; Figs. 1 and 4-6) is formed between two adjacent second adjusting holes, the second adjusting holes collectively define a second arcuate track 9, the second arm body A has a second positioning portion 4, and the second positioning portion 4 is selectively positioned within one of the second adjusting holes (col. 2 line 65; Figs. 4-6).
Claim(s) 1-2 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Inui, JP-6552173-B2].
Regarding claim 1:
Inui discloses (Figs. 1-14):
A goggle structure (the “goggles” (para 31); no specific numeral provided therefor; elements thereof identified hereinbelow), in which a side facing a wearer's face is defined as an inner side (it is noted the limitation is drawn to nonstatutory subject matter; see 35 USC 101 rejections above; however, the goggle structure has an inner side configured to face a wearer’s face insofar as cushion Cu is configured to provide close contact with a wearer’s face as described in para 34), and a side not facing the wearer's face is defined as an outer side (it is noted the limitation is drawn to nonstatutory subject matter; see 35 USC 101 rejections above; however, the goggle structure has an outer side configured to not face the wearer’s face insofar as cushion Cu is configured to provide close contact with a wearer’s face as described in para 34), the goggle structure comprising:
a lens 3;
a frame 1 provided with a pivot base 8 (i.e. the “shaft hole 8” through which the “fitting protrusion 12 passes”; para 35) on each side (Fig. 7);
two adjustable linkage sets (elements thereof identified hereinbelow) symmetrically (para 14; Figs. 1, 3, 6-7) pivoted (capable of pivoting by rotation as described in paras 14, 22, 24, 28, 38) on each side of the frame (para 14; Figs. 1, 3, 6-7),
wherein each of the adjustable linkage sets comprises a first arm body 2b and a second arm body 2a pivoted at one end (i.e. at the “lower end” (para 43) of 2a at which shaft 13 is provided and/or at the end of 2b which comprises hole 17 (Fig. 11)) to each other (arm bodies 2a, 2b are pivotable relative to each other via rotation as described in paras 14, 22, 24, 28, 38 and are connected to each other via at least 2c such that they are pivoted at one end to each other), another end (the “lower end” which is “provided with...protrusion 12”; para 35) of the first arm body 2b is pivoted on the pivot base (para 38) and is operable to pivot relative to the pivot base (para 38), and the second arm body 2a is fixed (via at least 2c; para 36) to a side of the lens (via at least 2c; para 36) and is operable to pivot relative to the first arm body (via rotation; paras 14, 22, 24, 28, 38); and
two wearing bases S (i.e. “through-holes S for the mounting belts B”; para 34) symmetrically respectively provided on both sides of the frame (Figs. 2, 4, 7) for a wearing element B to be assembled,
wherein the lens is operable to form spacing from the frame by means of the pivoting of the first arm body and the second arm body (pivoting of first arm body 2b relative to the second arm body 2a via the rotation described in paras 14, 22, 24, 28, 38 results in the configuration of Fig. 13a; pivoting of first arm body 2b relative to second arm body 2a the rotation described in paras 14, 22, 24, 28, 38 results also in the configuration of Fig. 13b wherein spacing is formed relative to the configuration of Fig. 13a such that the limitation is met).
Regarding claim 2:
Inui Figs. 1-14 discloses The goggle structure of claim 1, as set forth above.
Inui Figs. 1-14 further discloses wherein when the first arm body and the second arm body are pivoted to a preset angle, the lens is lifted in a direction of an upper edge of the frame.
(Inui is configured such that first arm body 2b and second arm body 2a are capable of being pivoted to each to the present angle that defines the configuration of Fig. 13b wherein the lens is lifted relative to the configuration of Fig. 13a; herein the limitation “in a direction of an upper edge of the frame” is met insofar as the lifting achieved in Fig. 13b relative to Fig. 13a occurs in a direction in which a frame upper edge extends; in other words, an upper edge of frame 1 extends outward and away from Cu so as to include the holes H in the upper edge of the frame such that this outwardly-extending direction is a direction of the upper edge of the frame; and the lifting of the lens occurs in this direction.)
Regarding claim 10:
Inui Figs. 1-14 discloses The goggle structure of claim 1, as set forth above.
Inui Figs. 1-14 as applied to claim 1 above does not meet the limitation “wherein the wearing base covers an outer side of the adjustable linkage set”. In applying art to claim 1 above, element S is identified as being the claimed wearing base (see above treatment of claim 1).
However, an equally valid interpretation of Inui Figs. 1-14 is that element 4 of Inui is a wearing base for a wearing element to be assembled. It is noted the wearing element is functionally claimed (i.e. “for a wearing element” such that the structure of the wearing element is not required by the claim and, accordingly, element 4 of Inui is capable of further attachment to extraneous structure—including a wearing element—for example and not limited to a glove wearing element being attached to finger rest part 42 during manipulation thereof. It is noted that wearing base 4 of Inui is covering an outer side of the linkage set (i.e. is at least covering an outer side of 2b thereof; para 35, Figs. 1, 3, 11).
Accordingly and using this equally valid interpretation, Inui Figs. 1-14 meets claim 1 and also claim 10 limitations wherein, it is noted, two wearing bases 4 are symmetrically respectively provided on both sides of the frame (Figs. 3-4) for a wearing element to be assembled.
Claim(s) 1-2, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Inui, JP-6552173-B2].
Regarding claim 1:
Inui discloses (Figs. 31-42):
A goggle structure (the “goggles” (para 31); no specific numeral provided therefor; elements thereof identified hereinbelow), in which a side facing a wearer's face is defined as an inner side (it is noted the limitation is drawn to nonstatutory subject matter; see 35 USC 101 rejections above; however, the goggle structure has an inner side configured to face a wearer’s face insofar as cushion Cu is configured to provide close contact with a wearer’s face as described in para 56), and a side not facing the wearer's face is defined as an outer side (it is noted the limitation is drawn to nonstatutory subject matter; see 35 USC 101 rejections above; however, the goggle structure has an outer side configured to not face the wearer’s face insofar as cushion Cu is configured to provide close contact with a wearer’s face as described in para 56), the goggle structure comprising:
a lens 1a, 3 (i.e. the combined “front frame 1 a” and “lens 3”; para 55);
a frame 1b provided with a pivot base 8 (i.e. the “shaft hole[] 8” (para 56) in which a “protrusion 20” is accommodated (para 57)) on each side (para 55);
two adjustable linkage sets (elements thereof identified hereinbelow) symmetrically (para 55; Figs. 36-37) pivoted (capable of pivoting by rotation as described in paras 14, 22, 24, 59-61, 77-78) on each side of the frame (para 55; Figs. 36-37),
wherein each of the adjustable linkage sets comprises a first arm body 4 and a second arm body 2 pivoted at one end (an end of first arm body is capable of pivoting when the arm bodies are rotated as described in paras 14, 22, 24, 59-61, 77-78) to each other (arm bodies are connected to each other such that rotation as described in paras 14, 22, 24, 56-61, 77-78 permits pivoting of each such that arm bodies are pivoted to each other as claimed), another end (i.e. one of the ends of 4 which comprises 43) of the first arm body 4 is pivoted on the pivot base 8 (paras 56-57; Fig. 40) and is operable to pivot relative to the pivot base (paras 56-57; Fig. 40), and the second arm body 2 is fixed to a side 31 of the lens (para 58; Fig. 42) and is operable to pivot relative to the first arm body (paras 14, 22, 24, 56-61, 77-78; Fig. 42); and
two wearing bases R (i.e. “support rods R”; para 55) symmetrically respectively provided on both sides of the frame (para 55; Fig. 36) for a wearing element B to be assembled,
wherein the lens is operable to form spacing from the frame by means of the pivoting of the first arm body and the second arm body (pivoting of first arm body relative to the second arm body via the rotation described in paras 14, 22, 24, 56-61, 77-78 results in the configuration of Fig. 42a; pivoting of first arm body relative to the second arm body via the rotation described in paras 14, 22, 24, 56-61, 77-78 results in the configuration of Fig. 42b wherein spacing is formed relative to the configuration of Fig. 42b such that the limitation is met).
Regarding claim 2:
Inui Figs. 31-42 discloses The goggle structure of claim 1, as set forth above.
Inui further discloses wherein when the first arm body and the second arm body are pivoted to a preset angle, the lens is lifted in a direction of an upper edge of the frame.
(Inui is configured such that first arm body and second arm body are capable of being pivoted to each to the present angle that defines the configuration of Fig. 42b wherein the lens is lifted relative to the configuration of Fig. 42a; herein the limitation “in a direction of an upper edge of the frame” is met insofar as the lifting achieved in Fig. 42b relative to Fig. 42a occurs in a direction in which a frame upper edge extends; in other words, an upper edge of frame 1b extends outward and away from Cu so as to include the holes H in the upper edge of the frame such that this outwardly-extending direction is a direction of the upper edge of the frame; and the lifting of the lens occurs in this direction.)
Regarding claim 7:
Inui Figs. 31-42 discloses The goggle structure of claim 1, as set forth above.
Inui Figs. 31-42 further discloses wherein an upper edge and a lower edge of two sides of the lens are provided with opposing hole bases 7, respectively, each of the hole bases is provided with a fixing hole 7, an upper edge and a lower edge of the second arm body 2 are provided with inserting members 20, respectively, and each of the inserting members is inserted into and fixed in the corresponding fixing hole (para 57; Fig. 40).
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Inui, JP-6552173-B2] in view of [Chen, US 2017/0146816].
Inui Figs. 1-14 discloses The goggle structure of claim 1, as set forth above.
Inui Figs. 1-14 does not expressly disclose wherein the frame is provided with at least one first magnet base, the first magnet base is provided with a first magnet, the second arm body is provided with a second magnet base, the second magnetic base is provided with a second magnetic, and when the second magnetic is attracted to the first magnetic, the lens is attached to an outside of the frame.
In Inui, the second arm body 2a has a “support hole 11” whereby the “shaft support portion 6” of the frame 1 is “supported” by the support hole 11 of the second arm body (para 35). Inui is silent as to any magnet or magnetic.
However, Chen teaches (Figs. 1-6) and within the context of “goggles” (para 23) a body 26 and a support portion 16 wherein the body 26 has a support hole 34 and further wherein the body 26 is provided with a second magnet base 34, the second magnet base 34 is provided with a second magnetic 36. Moreover, the support portion 16 is provided with at least one first magnet base 42, the first magnet base is provided with a first magnet 44, and when the second magnetic is attracted to the first magnet, the body and support portion are connected to each other (Fig. 3; para 25).
It 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 to have modified the goggle structure of Inui such that its the frame is provided with at least one first magnet base, the first magnet base is provided with a first magnet, the second arm body is provided with a second magnet base, the second magnetic base is provided with a second magnetic such that when the second magnetic is attracted to the first magnet, the frame and the second arm body are connected to each other in order to yield the predictable result of a frame and second arm body which are connected to each other when assembled via the magnet and magnetic thereof.
In adopting the modification, the limitation “when the second magnetic is attracted to the first magnetic, the lens is attached to an outside of the frame” would be met insofar as the goggle assembly is capable of having its lens attached to an outside of its frame (as in Figs. 3-5 and 13) when the frame and second arm body are connected to each other (as in Figs. 3-5 and 11-14).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Inui, JP-6552173-B2] in view of [Boinnard, US 2018/0042773].
Regarding claim 9:
Inui Figs. 31-42 discloses The goggle structure of claim 1, as set forth above.
Inui Figs. 31-42 further discloses wherein a top and a bottom of both sides of the frame are provided with snap holes 9, respectively, and the wearing base is secured into the snap holes (para 56).
Inui Figs. 31-42 does not expressly disclose snap hooks extend from a top and a bottom of the wearing base, respectively, and the snap hooks are secured by hooking into the corresponding snap holes, respectively.
Boinnard teaches a goggle structure (Title; abstract) wherein the goggle structure comprises “hooks and[] snaps” to “allow for forces to be transferred...to” a “frame portion 106” (para 30) wherein “attachment features may...be one or more holes, ...hooks, snaps, and/or other features that may receive a corresponding feature on” a “frame portion” (para 31).
It 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 to have modified the goggle structure of Inui Figs. 31-42 such that its wearing base is provided with snap hooks extending from a top and a bottom of the wearing base, respectively, and the snap hooks are secured by hooking into the corresponding snap holes, respectively in order to permit the forces applied to the wearing base to be transferred to the frame and vice versa, as suggested by Boinnard (para 31) and/or to yield the predictable result of a wearing base and a frame who are secured to one another by the engagement of the snap hooks and the snap holes.
Claims 4 and 8
Claims 4 and 8 are free of art rejections and are subject to 35 USC 101 rejection and 35 USC 112 rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRADY A NUNNERY whose telephone number is (571)272-2995. The examiner can normally be reached 8-5 M-F.
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, Khoa Huynh can be reached at 571-272-4888. 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.
/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
Prosecution Insights