`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
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`14/303,381
`
`
`
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` FILING DATE
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`06/12/2014
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`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`Ronald D. BLUM
`
`3585.05 10004
`
`3351
`
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Avenue NW
`Washington, DC 20005
`
`DANG, HUNG XUAN
`
`ART UNIT
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`2872
`
`MAIL DATE
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`06/18/2015
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL-90A (Rev. 04/07)
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`

`

`
`
`Status
`1)L] Responsive to communication(s) filed on
`LJ A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon__
`2a)L] This action is FINAL.
`2b) This action is non-final.
`3)L] Anelection was made bythe applicant in responsetoarestriction requirementset forth during the interview on
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`___} the restriction requirement and election have been incorporated into this action.
`4)[] Since this application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims*
`5) Claim(s) 1-17 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 1-17is/are rejected.
`8)L] Claim(s)____is/are objectedto.
`
`9)L] Claim(s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
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`nito/www. uspte.gov/natenis/init events/poh/index.isp
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`or send an inquiry to PPHieedback@uspte.aov.
`
`Application Papers
`10)L] The specification is objected to by the Examiner.
`
`11)L] The drawing(s)filed on
`is/are: a)L_] accepted or b)L_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)[] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)L] All
`b)[-] Some** c)L] None ofthe:
`1..] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`““ See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Applicant(s)
`Application No.
` 14/303,381 BLUM ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2872HUNG DANG Na
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply betimely filed
`
`Attachment(s)
`3) CT] Interview Summary (PTO-413)
`1) X Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`:
`.
`4) Ol Other:
`2) CT] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20150615
`
`

`

`Application/Control Number: 14/303,381
`Art Unit: 2872
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`Page 2
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`Objected Specification
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`The specification are objected to becausethe lines are crowded too closely
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`together, making reading difficult. Substitute specification with lines one and one-half or
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`double spaced on good quality paper are required. See 37 CFR 1.52(b).
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`Oath or Declaration
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`An oath or declaration by each actual inventor or joint inventor listing the entire
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`inventive entity has not been submitted.
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`Claims Rejection Under 35 USC - 103
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousnessrejections setforth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
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`forth in section 102ofthis title, if the differences between the subject matter sought to be patented and
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`the prior art are such that the subject matter as a whole would have been obviousat the time the
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`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
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`Patentability shall not be negatived by the manner in which the invention was made.
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`Claims 1-17 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Kokonaskiet al (2010/0177277) in view of Medana (8,757,797).
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`Regarding claim 1, Kokonaski et al discloses electro-active spectacles and
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`associated electronics comprises a lens (600) [0066] — [0073]; a lens housing
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`configured to support the lens; an end piece; an electronics module (202) coupled to the
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`temple; and a conductive path (712 and 714) [0074] provided from the electronics
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`module to the lens housing; (see figures 1-18 and the related disclosure).
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`

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`Application/Control Number: 14/303,381
`Art Unit: 2872
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`Page 3
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`Kokonaski et al does not disclose a plurality of vertebrae, one of the plurality of
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`vertebrae being coupled to the end piece; a temple coupled to another one of the
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`plurality of vertebrae.
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`Medana, however, discloses a plurality of vertebrae (V) (see figures 15-21), one
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`of the plurality of vertebrae (V) being coupled to the end piece; a temple coupled to
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`another one of the plurality of vertebrae (V).
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`Because Kokonaski et al and Medana are both from the same field of endeavor,
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`the purposeof providing an improved constraint system which can be used in
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`articulation of a flexible hinge as disclosed by Medana would have been recognized as
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`an art pertinent art of Kokonaskietal.
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`It would have been obvious, therefore, at the time the invention was made to a
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`person having skill in the art to construct the eyeglasses frame, such as the one
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`disclosed by Kokonaskiet al, with a plurality of vertebrae, one of the plurality of
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`vertebrae being coupled to the end piece; a temple coupled to another one of the
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`plurality of vertebrae, such as disclosed by Medana for the purposeof providing an
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`improved constraint system which can be usedin articulation of a flexible hinge.
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`Regarding claim 2, Kokonaski et al discloses an electronic component (708, 710)
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`coupled to the lens housing (702); and wherein the conductive path (712 and 714)is
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`provided from the electronics module (202) to the electronic component(708 and 710).
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`Regarding claim 3, Kokonaski et al discloses the electronic component
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`comprising at least one of the group consisting essentially of an electronic focusing
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`component, an electro-chromic component, an electronic tinted component, a micro-
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`Application/Control Number: 14/303,381
`Art Unit: 2872
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`Page 4
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`display, an electronic heads up display, an antistatic component, an electronic shutter
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`component, an occlusion control component, a myopia control component, a telescopic
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`component, a microscopic component, a camera, a directional microphone, a
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`rangefinder, an image intensifier, and a night vision enhancement component.
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`Regarding claim 4, Kokonaski et al discloses the electronics module (202)
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`comprises an electronic component (708 and 710).
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`Regarding claim 5, Kokonaski et al discloses the electronic componentof the
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`electronics module comprises a power source, a controller, or a sensing mechanism.
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`Regarding claim 6, Kokonaski et al discloses a pogo pin coupled to the temple
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`and configured to maintain an electrical contact between the conductive path and the
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`lens housing throughouta plurality of positions between the temple and the lens
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`housing.
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`Regarding claim 7, Kokonaski et al discloses the pogo pin comprises a spring
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`and a conductor that forms a portion of the conductive path.
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`Regarding claim 8, Kokonaski et al discloses the temple defines a cavity
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`configured to housethe spring of the pogo pin.
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`Regarding claim 9, Kokonaski et al discloses the temple defines a second cavity
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`configured to housethe electronics module.
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`Regarding claim 10, Kokonaski et al discloses the conductive path further
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`comprises an electrical connector embeddedin the temple that connects the electronics
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`module to the pogo pin.
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`Application/Control Number: 14/303,381
`Art Unit: 2872
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`Page 5
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`Regarding claim 11, Kokonaski et al discloses the end piece is configured to
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`expose a portion of the conductor of the pogo pin.
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`Regarding claim 12, Kokonaski et al discloses a second conductive path
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`provided from the electronics module to the lens housing and a second pogo comprising
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`a conductorthat forms a portion of the second conductive path.
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`Regarding claim 13, Kokonaski et al discloses a second conductive path
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`provided from the electronics module to the lens housing.
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`Regarding claim 14, Medana discloses the plurality of vertebrae comprises three
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`vertebrae
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`Regarding claim 15, Kokonaski et al discloses the lens housing is rimless (see
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`figure 9)
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`Regarding claim 16, Kokonaski et al discloses the lens housing is semi-rimless
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`(see figure 7).
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`Regarding claim 17, Kokonaski et al discloses the lens housing is full rimmed
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`(see figure 1.)
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`Anyinquiry concerning this communication or earlier communications from the
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`examiner should be directed to HUNG X. DANG whosetelephone numberis (571)272-
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`2326. The examiner can normally be reached on Mondayto Friday from 8:30 to 5:00.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Thomas Pham, can be reached on 571-272-3689. The fax phone number
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`for the organization wherethis application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 14/303,381
`Art Unit: 2872
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`Page 6
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`6/15
`
`/Hung X Dang/
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`Primary Examiner, Art Unit 2872
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`