`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/484,554
`
`09/24/2021
`
`Ronald D. Blum
`
`EVSO-027US21
`
`9553
`
`SMITH BALUCH LLP
`376 BOYLSTON ST
`STE 401
`BOSTON, MA 02116
`
`PICHLER, MARIN
`
`2872
`
`PAPER NOMI
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/29/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`docketing @ smithbaluch.com
`eofficeaction @appcoll.com
`smith @ smithbaluch.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`
`
`Disposition of Claims*
`1-14 and 21-25 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C) Claim(s)
`is/are allowed.
`Claim(s) 1-14 and 21-25is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s) filed on 09/24/2021 is/are: a)[¥) accepted or b)( 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:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Q) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) 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.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240319
`
`Application No.
`Applicant(s)
`17/484,554
`Blum et al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`MARIN PICHLER
`2872
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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).
`Any reply 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).
`
`Status
`
`1) Responsive to communication(s) filed on 11/15/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`
`
`Application/Control Number: 17/484,554
`Art Unit: 2872
`
`Page 2
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`Notice of Pre-AlA 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.
`
`DETAILED ACTION
`
`Response to Amendment
`
`The amendment filed on 10/06/2023 and the Request for Continuing Examination filed on
`
`11/15/2023 have been entered. Claims 1-14 and 21-25 remain pending in the application. Claims 1, 10
`
`and 23-25 have been amendedby the Applicant. Previous claims 1, 3-4, 6-7, 9-10, 12-15 rejections on
`
`the ground of nonstatutory double patenting over claim 1-3, 8-9, 13-14, and 16-17 of copending
`
`Application No. 17484540 have been withdrawn in light of Applicant’s amendments to claim 1.
`
`Examiner Notes
`
`Examiner cites particular columns and line numbers in the references as applied to the claims
`
`below for the convenienceof the applicant. Although the specified citations are representative of the
`
`teachingsin the art and are applied to the specific limitations within the individual claim, other passages
`
`and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully
`
`consider the references in entirety as potentially teaching all or part of the claimed invention, as well as
`
`the context of the passage as taughtby the prior art or disclosed by the examiner.
`
`Priority
`
`As required by e M.P.E.P. 201.14(c), acknowledgement is made of applicant’s claim for priority
`
`based on a continuation of 16704591, filed 12/05/2019 , which is a continuation of 13890809, filed
`
`05/09/2013 that is a continuation in part of 13587645, filed 08/16/2012, which claims Priority
`
`from Provisional Applications #61524567, filed 08/17/2011, #61537205, filed 09/21/2011 and
`
`61563937, filed 11/28/2011; in addition
`
`13890809 claims priority as a continuation in part of application 13372240, filed 02/13/2012,
`
`which also claims Priority from Provisional Application 61441817, filed 02/11/2011.
`
`
`
`Application/Control Number: 17/484,554
`Art Unit: 2872
`
`Page 3
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`The applicant’s drawings submitted on 09/24/2021 are acceptable for examination.
`
`Drawings
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis
`
`(i.e., changing from AIA to pre-AlA) 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 obviousnessrejections
`
`setforth 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 effectivefiling 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.
`
`Claims 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Figler etal.
`
`(hereafter Figler, of record) US 20090251660 A1 in view of Ronzani etal. (hereafter Ronzani) US
`
`20020163486 A1.
`
`In regard to independent claim 24 and claim 25, Figler teaches (see e.g. Figs. 1-17) electronic
`
`eyewear(e.g. electro-optic eyewear assembly, see Figs. 2-14, Title, Abstract, paragraphs [02, 12-14, 44-
`
`50, 55-61], e.g. Figs. 7-10,12, 14-16) comprising:
`
`a frame front (frame 22, 80, paragraphs [43-51));
`
`a first temple coupled to the frame front via a first hinge and having a first cavity formed therein
`
`(one of two temples 115, hinges 117 with its cavity e.g. 204 with control circuit e.g. one of 152R,L,
`
`paragraphs [44-50, 55-61], e.g. Figs. 7-8,12, 14-16) ; a second temple coupledto the frame front via a
`
`second hinge (other of two temples 115 and other 117 on 22, paragraphs [44-50, 55-61], e.g. Figs. 7-
`
`8,12, 14-15);
`
`
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`Application/Control Number: 17/484,554
`Art Unit: 2872
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`Page 4
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`a first electro-active lens disposed in the framefront (i.e. one of electroactive lenses 162R,L,
`
`26’R,L in 22, paragraphs [44-50, 55-61], e.g. Figs. 7-8,12, 14);
`
`a first electronic module disposedin the first cavity and configured to control a tint and/or a focus
`
`of the first electro-active lens (i.e. one of 152R,L in cavity 204, to control one of electro-optic lenses
`
`162R,L for variable optical properties, paragraphs [12, 44-45, 56-60]); and
`
`a first conductive pathway bypassingthe first hinge and connecting the first electronic module to
`
`the first electro-active lens (i.e. as one of interconnections with conduits, drive jumpers, pads e.g. 210A,B,
`
`203A,B, 206A,B, 202A,B, 170A,B,172A,B that bypass hinge e.g. 117, and provide temple-frame
`
`electrical connections between frame 22 with one of electro-optic lens 162R,L, 26’R,L and the control
`
`and battery circuits in temples 115, as detailed in Fig. 14, applicable in electro-optic eyewear e.g. Figs. 2,
`
`12, 15-17, paragraphs [44-50, 55-61]), and
`
`regarding claim 25, Figler teaches (see e.g. Figs. 1-17) further comprising:
`
`a second electro-active lens disposed in the frame front (other of 152R,L in cavity 204, to control
`
`one of electro-optic lenses 162R,L for variable optical properties, paragraphs [12, 44-45, 56-60]); a
`
`second electronic module disposed in a second cavity formed in the second temple and configured to
`
`control a tint and/or a focus of the second electro-active lens(i.e. other of 152R,L in cavity such as 204, to
`
`control other of electro-optic lenses 162R,L for variable optical properties, paragraphs [12, 44-45, 56-60],
`
`see Fig. 12 with application depicted in Figs. 14-15); and
`
`a second conductive pathway bypassing the second hinge and connecting the second electronic
`
`module to the secondelectro-active lens(i.e. as other of interconnections with other of conduits, drive
`
`jumpers, pads e.g. 210A,B, 203A,B, 206A,B, 202A,B, 170A,B,172A,B that bypass other of hinges 117,
`
`and provide temple-frame electrical connections between frame 22 with other of electro-optic lens
`
`162R,L, 26’R,L and the control and battery circuits in temples 115, as detailed in Figs. 12, 14, applicable
`
`in electro-optic eyeweare.g. Figs. 2, 15,17, see paragraphs [44-50, 55-61)).
`
`But Figler is silent that the first and second conductive pathwayis/are flexible cable(s).
`
`However, Ronzani teaches in the same field of invention of a head-mounted display system
`
`glasses (see Figs. 1-3, title, abstract, paragraphs[2, 5-8, 92-96, 99-105]) and further teachesthatfirst
`
`and second conductive pathwayare flexible cables bypassing the first hinge (i.e. as ribbon cables 310,
`
`
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`Page 5
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`320 that are routed around joints 31, 33 and are connecting electronic modules/circuits and optical
`
`assembly e.g. 220, 240, 100, as depicted in Figs. 3-1, paragraphs [99-105, 92-96], and permitting folding
`
`of the stems 30 into a compactunit for storage).
`
`Therefore it would have been obvious to one of ordinary skill in the art before the effectivefiling
`
`date of the claimed invention to adapt and modify the interconnections and conduits that bypass the
`
`hingesin electro-optic eyewearof Figler to include flexible ribbon cable routed around the joint according
`
`to teachings of Ronzani in order to provide connectivity and permit folding of the stems into a compact
`
`unit for storage (see Ronzani, [99-105, 92-96)).
`
`Claims 1-14 and 21, 23 are rejected under 35 U.S.C. 103 as being unpatentable over Chaum
`
`US 20100110368 A1 (of record, see IDS dated 04/18/2023) in view of Ronzani etal. (hereafter
`
`Ronzani) US 20020163486 A1.
`
`In regard to independent claim 1, Chaum teaches (see Figs. 1-18) an electronic eyewear frame
`
`(i.e. multimedia electronic head-worn device/eyeglass frame and system with plurality of interactive
`
`electrical/optical components, e.g. devices/frames 10/12, 210/212-910/912, 1012, 1510/1512, 1612-1812,
`
`see Title, Abstract, e.g. paragraphs [03, 07-10, 65-73, 80-86, 92-98, 120-129, 141-144, 156-161], where
`
`the main concepts and components are depicted in Figs. 1-10 and 12-13, 15-18) comprising:
`
`a first temple havingafirst cavity formed therein (i.e. one of sidearms e.g. 14, 14’ with cavity for
`
`various electrical-optical components e.g.30a-f, paragraphs [67-69] and equivalents in Figs. 2-10);
`
`a first electronic module disposedin the first cavity (one of various 30a-f in one sidearm 14, e.g.
`
`including processor, memory, input/output devices and sensors, paragraphs [65-69] and equivalentsin
`
`Figs. 2-10);
`
`a second temple having a second cavity formedtherein (other side arm 14, 14, and equivalents,
`
`with cavity for various electrical-optical components e.g.30a-f, paragraphs [65-69, 80] and equivalents in
`
`Figs. 2-10);
`
`a second electronic module disposed in the second cavity (i.e. as both side arms include
`
`electronic components including another processor, memory, input/output devices and sensors,
`
`paragraphs [65-69, 80] and equivalents in Figs. 1-10); and
`
`
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`Page 6
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`a frame front
`
`(i.e. frame 12 front face 17 and optic frames 16 movably coupled with side arms
`
`14,14 with hinges 29, e.g. paragraphs [67-69], and equivalents in Figs. 1-10) operably coupledto the first
`
`temple viaafirst hinge (hinge 29 and equivalents coupling one of the temples 14, 14’ and 12,17, 16,
`
`paragraphs [67-69], Figs. 1A-B and equivalents in Figs. 2-10) and operably coupled to the second temple
`
`via a second hinge (hinge 29 and equivalents coupling other one of the temples 14’, 14 and 12,17, 16,
`
`paragraphs [67-69], Figs. 1A-B and equivalents in Figs. 2-10), the frame front comprising a front
`
`conductive element(i.e. as 17/16 has cavity(ies) for necessary conductors/wires 27 for electronics e.g.
`
`30a-i, for power and operation, e.g. paragraphs [67-69], and equivalents in Figs. 1-10) providing at least
`
`part of a conductive pathwayto electrically couple the first electronic module and the second electronic
`
`module (i.e. as part of 27 wires connect frame 12, 16,17 with components 30a-f and 30g-i in temples 14,
`
`14’, via switch e.g. 758 and hinge e.g. 29 connections, see especially Figs. 1, 3-5, 7a-d, 9Ya-c, e.g.
`
`paragraphs [67-69,80-86, 124-128, 140-142], and equivalents in Figs. 1-10).
`
`But Chaum is silent that the conductive pathway including at least one flexible cable bypassing
`
`the first hinge and the secondhinge (i.e. as part of 27 wires that connect frame 12, 16,17 and
`
`components 30a-f and 30g-i in temples 14, 14’, connections near hinges 29, as described especially in
`
`Figs. 7A, 7B, and applicable to Figs. 1, 3-5, 7a-d, Ya-c, see paragraphs [67-69 ,80-86, 124-126, 140-142],
`
`henceit is unclearif the switch operations connect electrical conductors (27) directly).
`
`However, Ronzani teaches in the same field of invention of a head-mounted display system
`
`glasses (see Figs. 1-3, title, abstract, paragraphs[2, 5-8, 92-96, 99-105]) and further teachesthatfirst
`
`and second conductive pathwayare flexible cables bypassing the first hinge (i.e. as ribbon cables 310,
`
`320 that are routed around joints 31, 33 and are connecting electronic modules/circuits and optical
`
`assembly e.g. 220, 240, 100, as depicted in Figs. 3-1, paragraphs [99-105, 92-96], and permitting folding
`
`of the stems 30 into a compactunit for storage).
`
`Therefore it would have been obvious to one of ordinary skill in the art before the effectivefiling
`
`date of the claimed invention to adapt and modify the electrical connections between electrical
`
`components (30) in temples (14,14’) and frame(12, 16,17) of Chaum to include flexible ribbon cables that
`
`are routed around the joints according to teachings of Ronzani in order to provide connectivity and permit
`
`folding of the stems into a compact unit for storage (see Ronzani, [99-105, 92-96)).
`
`
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`Application/Control Number: 17/484,554
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`Page 7
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`Regarding claim 2, the Chaum-Ronzani combination teaches the invention as set forth above,
`
`and Chaum teaches (see Figs. 1-18) that the front conductive element is moldedinto the frame front(i.e.
`
`as electronic components and their wires, i.e. 27 in 12, 16,17 are mounted under a cover or top layer,
`
`and/or are covered, laminated, or over-molded with other materials, paragraphs [67-69, 145]).
`
`Regarding claim 3, the Chaum- Ronzani combination teachesthe invention as set forth above,
`
`and Chaum teaches (see Figs. 1-18) that the first electronic module comprises a processor, a speaker,
`
`andavisible light output module (as electronic components 30a-c, etc. can include projector processor
`
`with light source, and audio transducer, speaker(s), e.g. Figs. GA-F, 12-13, paragraphs [7-10, 65-66, 70-
`
`74, 83, 86-98, 100-101, 111-112]).
`
`.
`
`Regarding claim 4, the Chaum- Ronzani combination teachesthe invention as set forth above,
`
`and Chaum teaches (see Figs. 1-18) further comprising: an antenna to provide wireless communication
`
`between the processor and a mobile device (i.e. as wireless communication device(s), transmitter(s)
`
`receiver(s), RF, Bluetooth, with antenna(s), paragraphs [07, 65-66, 109, 137-138, 141, 144-145, 150] that
`
`provide 30a,b,c etc. e.g. camera, processor, memory to be operationally connected and transfer data to
`
`remote device, e.g. GPS, electronics package 872 etc. e.g. paragraphs [07, 65-66, 109, 137-138, 141,
`
`144-145, 150], e.g. Figs. 1-10, 12, 14).
`
`Regarding claim 5, the Chaum- Ronzani combination teachesthe invention as set forth above,
`
`and Chaum teaches (see Figs. 1-18) that at least one of the first electronic module or the second
`
`electronic module comprises at least one of a gyroscope or an accelerometer coupled to the processor
`
`and configured to act as an electronic switch (i.e. as electronic devices include and/or are connected with
`
`motion or position sensor such as an accelerometer, gyroscope used to detect movements of user’s head
`
`tata are used as inputs for certain settings of the eyeglass device, see paragraphs [107-108], as applied
`
`to eyeglass device 10 and equivalents, Figs. 1-10).
`
`Regarding claim 6, the Chaum- Ronzani combination teachesthe invention as set forth above,
`
`and Chaum teaches (see Figs. 1-18) that at least one of the first electronic module or the second
`
`electronic module further comprises a manual switch (i.e. as switch(es) including manual switch (e.g.
`
`switches, knobs, button(s) and similar mechanical switches operated by user), and also coupled to
`
`
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`Application/Control Number: 17/484,554
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`Page 8
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`processor to control operation of electronic device 10 andits electronic components, e.g. paragraphs [07-
`
`10, 65-69, 108, 115, 124-126,128,141]).
`
`Regarding claim 7, the Chaum- Ronzani combination teachesthe invention as set forth above,
`
`and Chaum teaches (see Figs. 1-18) that the second electronic module comprises a rechargeable battery
`
`(i.e. battery of batteries, charging devices i.e. re-chargeable batteries, in other side arm of sidearms 14,
`
`14’, see Figs. 12-13, paragraphs [80-84,108, 115,120-124, 129-136]) and a speaker (another of audio
`
`transducers, speakers in the other of sidearms 14, 14’, e.g. Figs. 6A-F, 12-13, paragraphs [7-10, 65-66,
`
`70-74, 80-83, 86-98, 100-101, 111-112]).
`
`Regarding claim 8, the Chaum- Ronzani combination teachesthe invention as set forth above,
`
`and Chaum teaches (see Figs. 1-18) that the first electronic module comprises a vibration output module
`
`(as processor/memoryin sidearm e.g. 14 operational with electro-mechanical vibrational (tactile)
`
`transducer, see paragraphs [65-71, 80, 100, 108, 133], see e.g. Figs. 2-3, 12,14).
`
`Regarding claim 9, the Chaum- Ronzani combination teachesthe invention as set forth above,
`
`and Chaum teaches (see Figs. 1-18) father comprising: a microphone to receive voice commands from a
`
`wearer of the frame (as microphone(s) connected to processor, to receive user’s voice paragraphs [7-10,
`
`65-66, 71-75, 83-98, 100-101, 111-112, 120-122], Figs. 12-13; note the abovelimitations are intended
`
`use).
`
`Regarding claims 10 and 23, the Chaum-Ronzani combination teaches the invention as set
`
`forth above, and Chaum teaches (see Figs. 1-18) that the at least one flexible cable (i.e. as 27 wires that
`
`connect frame 12, 16,17 and components 30a-f and 30g-i in temples 14, 14’ including flexible ribbon
`
`cables due to combination with Ronzani) comprises:
`
`a first flexible conductive cable providing at least part of the conductive pathway between the first
`
`electronic module and the front conductive element and aroundthefirst hinge (i.e. as flexible wires and
`
`cables and connections connecting one side arm 14 (714) andit’s electrical componentswith optical
`
`frame 16 (716), e.g. paragraphs [68, 127-128], include conducting flexible ribbon cables that bypass one
`
`of hinge/joints, as due combination with Ronzani, see in Figs. 1-3, paragraphs [99-105, 92-96]), and
`
`regarding claim 23,
`
`
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`Page 9
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`a secondflexible conductive cable providing at least part of the conductive pathway between the
`
`second electronic module and the front conductive element(i.e. as flexible wires and cables and
`
`connections connecting other of side arms 14,14’ (714) andit’s electrical components with optical frame
`
`16 (716), e.g. paragraphs [68, 127-128], include conducting flexible ribbon cables that bypass other of
`
`hinge/joints, as due combination with Ronzani, depicted in Figs. 1-3, paragraphs [99-105, 92-96)).
`
`Regarding claim 11, the Chaum- Ronzani combination teachesthe invention as set forth above,
`
`and Chaum teaches (see Figs. 1-18) that the first temple and the second temple each comprise a
`
`moisture resistant seal(i.e. as electronic components 30a-f, etc. in sidearms 14, 14’ are mounted under
`
`a cover or top layer, plastic cover layer and/or are covered, laminated, or over-molded with
`
`other materials, paragraphs [68-69, 145]).
`
`Regarding claim 12, the Chaum- Ronzani combination teachesthe invention as set forth above,
`
`and Chaum teaches (see Figs. 1-18) that the first electronic module comprises a processor, a speaker,
`
`and a microphone (one of various 30a-f in one sidearm 14, paragraphs [67-69] and equivalents in Figs. 2-
`
`10 may include processor e.g. 1201, microphone(s) connected to processor, paragraphs [7-10, 65-66, 71-
`
`75, 83-98, 100-101, 111-112, 120-122], see e.g. Figs. 12-13, and audio transducer, speakers coupled to
`
`processor e.g. Figs. 6A-F, 12-13, paragraphs [7-10, 65-66, 70-74, 83, 86-98, 100-101, 111-112]); and the
`
`second electronic module comprises a rechargeable battery (i.e. battery of batteries, charging devicesi.e.
`
`re-chargeable batteries, in other side arm of sidearms 14, 14’, see Figs. 12-13, paragraphs [80-84,108,
`
`115,120-124, 129-136]), the rechargeable battery operably coupledto the first electronic module via at
`
`least one conductor providing a part of the conductive pathway (i.e. as one or other of 27
`
`conductor(s)/wire(s) in one and other side arm 14, 14’ (both side arms) connect frame 12, 16,17 and with
`
`components 30a-c,d-f and 30g-I including re-chargeable battery and processor, microphone, speaker,
`
`etc. and via hinge 29 connections e.g. 980 to 982, e.g. paragraphs [67-69,80, 124-128], and equivalents
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`in Figs. 1-10, see especially Figs. 1, 3-5, 7).
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`Regarding claim 13, the Chaum- Ronzani combination teaches the invention as set forth above,
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`and Chaum teaches (see Figs. 1-18) further comprising: a microphone, operably coupled to a processor
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`disposedin the first electronic module (as microphone(s) in one of 14, 14’ connected to processor,to
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`receive user’s voice paragraphs [7-10, 65-66, 71-75, 83-98, 100-101, 111-112, 120-122], Figs. 12-13), to
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`
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`Application/Control Number: 17/484,554
`Art Unit: 2872
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`Page 10
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`receive a voice command from a wearer of the electronic eyewear frame, wherein the processor is
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`configured to process the voice command(as microphone to receive user’s voice, as processor
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`processes such voiceinstructions, paragraphs [7-10, 65-66, 71-75, 83-98, 100-101, 111-112, 120-122],
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`see Figs. 12-13).
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`Regarding claim 14, the Chaum- Ronzani combination teaches the invention as set forth above,
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`and Chaum teaches (see Figs. 1-18) the microphone is a directional microphone (e.g. as microphone to
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`receive user’s voice, voice instructions from user’s direction voice instructions, e.g. microphone 1473b
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`picking up sounds through the air, paragraphs [7-10, 65-66, 71-75, 83-98, 100-101, 111-112, 120-122],
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`see Figs. 12-13).
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`Regarding claim 21, the Chaum- Ronzani combination teachesthe invention as set forth above,
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`and Chaum teaches (see Figs. 1-18) the conductive pathway bypassesthe first hinge and the second
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`hinge around to the front of the electronic eyewear frame (i.e. as 27 wires connection(s) of frame 12,
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`16,17 with components 30a-f and 30g-i in temples 14, 14’, Figs. 1, 3-5, 7a-d, e.g. paragraphs [67-69,80-
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`86, 124-128, 140-142], as modified with conduits and pads Figler bypasses hinges aroundto the front of
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`the eyewear 10, due to combination with Figler, e.g. see Figs. 2,12, 15-17, paragraphs [44-50, 55-61)).
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`Claim 22 is are rejected under 35 U.S.C. 103 as being unpatentable over Chaum US
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`20100110368 A1 (of record, see IDS dated 04/18/2023) in view of Ronzani et al. (hereafter Ronzani)
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`US 20020163486 A1 and further in view of Figler et al. (hereafter Figler, of record) US 20090251660
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`Al.
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`Regarding claim 22, the Chaum- Ronzani combination teaches the invention as set forth above,
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`and Chaum teaches(see Figs. 1-18) the further comprising: an lens coupled to the frame front (e.g. lens
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`optical element 18 in frame front 16, 17 of 12, see Figs. 1C-7D, paragraphs [67-68]), but is silent that the
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`lens is electro-active lens.
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`However, Figler teaches in the same field of invention of electro-optic eyewear assembly (e.g.
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`electro-optic eyewear assembly, see Figs. 2-14, Title, Abstract, paragraphs [02, 12-14, 44-50, 55-61], e.g.
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`Figs. 7-10,12, 14-16) and further teaches that the lens is electro-active lens (i.e. as electro-
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`
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`Application/Control Number: 17/484,554
`Art Unit: 2872
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`Page 11
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`optic eyewear assembly having a frame with electro-optic lenses, see abstract, paragraphs [12-13, 44-
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`45, 71], providing eyewearincorporating lenses with electronically variable optical properties).
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`Therefore it would have been obvious to one of ordinary skill in the art before the effectivefiling
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`date of the claimed invention to add and modify the electronic eyeglass device and frame of Chaum
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`according to teachings of Figler to include electro-optic lenses, in order to provide eyewear incorporating
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`lenses with electronically variable optical properties (see Figler, e.g. paragraphs [12-13, 44-45]).
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`Response to Arguments
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`Applicant’s arguments filed in the Remarks dated 10/06/2023 with respectto claim 1 as well as
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`claim 24 have been fully considered but are moot because the new ground of rejection does notrely on
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`any combination of references applied in the prior rejection of record for any teaching or matter
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`specifically challenged in the argument.
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`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the examiner should
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`be directed to MARIN PICHLER whosetelephone number is (571)272-4015. The examiner can normally
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`be reached Monday-Friday 8:30am -5:00pm.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-basedcollaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Thomas K Pham can be reached on (571)272-3689. The fax phone number for the organization where
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`this application or proceeding is assigned is 571-273-8300.
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`
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`Application/Control Number: 17/484,554
`Art Unit: 2872
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`Page 12
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`Information regarding the status of published or unpublished applications may be obtained from
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`Patent Center. Unpublished application information in Patent Center is available to registered users. To
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`file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit
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`https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
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`1000.
`
`/MARIN PICHLER/
`Primary Examiner, Art Unit 2872
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`