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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boulenguiez (US 2012/0082010) in view of Bertrand (US 2016/0154379).
Regarding claim 1, Boulenguiez discloses (Figs. 7, 9-11) a device adapted for use in assembling an oscillator including a spiral spring (1) to a movement or a portion of a movement of a timepiece ([0001]), the device including: a first movement-blank (6) for pivoting the oscillator ([0043]-[0044]: “6 is mounted pivotably about the balance bridge 9”), wherein the first positioning element (5) is configured to make it possible to position the spiral spring (1) relative to the first movement-blank (6) in a plane of the movement or the portion of the movement ([0043]) without using a pivoting mobile support for the spiral spring (a balance spring stud holder is not used in Figs. 7, 9-11) wherein the first positioning element comprises a first foot (first foot 6a) and a second foot (second foot 6a), and the spiral spring (1) comprises a first spiral opening (4) and a second spiral opening (4a), the first foot comprises a first guide surface configured to cooperate with the first spiral opening (where first pin 5 passes through first spiral opening 4 into second 6a), and the second foot comprises a third guide surface configured to cooperate with the second spiral opening (where second pin 5 passes through second spiral opening 4a into second 6a).
Boulenguiez does not show the device (Fig. 11) being secured to other structures of the movement. In particular, Boulenguiez does not show a second movement-blank for pivoting the oscillator, the first positioning element positioning the first movement-blank relative to the second movement-blank, a second positioning-element for positioning the first movement-blank relative to the second movement-blank, the second positioning element being included in the second movement-blank, wherein the first and second positioning elements cooperate with each other to position the spiral spring, the second positioning element comprises a first opening and a second opening, the first foot comprises a second guide surface configured to cooperate with the first opening of the second positioning element, and the second foot comprises a fourth guide surface configured to cooperate with the second opening of the second positioning element.
Bertrand teaches (Figs. 4-6) a first movement-blank (4) for pivoting an oscillator (1 and [0002]) and a second movement-blank (3) for pivoting the oscillator ([0032]), wherein a first positioning element (V3, 3a) positions the first movement-blank relative to the second movement-blank (Fig. 4), a second positioning element (hole for V3) positions the first movement-blank relative to the second movement-blank, the second positioning element is included in the second movement-blank (Fig. 4), the first and second positioning elements are configured to cooperate with each other (Fig. 4) so as to make it possible to position the spiral spring relative to the first movement-blank (V3 fits into the hole to secure 4, thus positioning the spiral spring with respect to the first movement-blank), the second positioning element comprises a first opening (hole for V3), and a first foot (3a) of the first positioning element comprises a second guide surface (3a) configured to cooperate with the first opening of the second positioning element.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Bertrand’s second movement-blank and second positioning element with Boulenguiez’s device so that Boulenguiez’s first positioning element passes through the first guide surface to cooperate with the spiral opening, and then passes through a second guide surface to cooperate with the first opening of the second positioning element. One of ordinary skill in the art would have been motivated to make this combination to secure Boulenguiez’s device to a rest of the movement.
Boulenguiez in view of Bertrand does not disclose the second foot (second foot 6a) comprising a fourth guide surface configured to cooperate with a second opening of the second positioning element.
One of ordinary skill in the art would recognize that using multiple screws/positioning elements to secure two structures together creates a stronger connection than using only one. Additionally, the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) and MPEP 2144.VI.B.
Accordingly, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have added a second opening to Boulenguiez in view of Bertrand’s second positioning element so that the first positioning element (second pin 5 and second foot 6a of Boulenguiez) passes through the third guide surface to cooperate with the second spiral opening, and then through a fourth guide surface to cooperate with a second opening of the second positioning element. One of ordinary skill in the art would have been motivated to make this modification to secure Boulenguiez’s device to the rest of the movement.
Regarding claim 2, Boulenguiez in view of Bertrand discloses the device as claimed in claim 1, wherein the first positioning element (5 in Fig. 10, Boulenguiez) is fixed to the second movement-blank (3 in Fig. 4, Bertrand) and the first movement-blank (6, Fig. 9, Boulenguiez) includes the second positioning element (opening of 6a in Fig. 9, Boulenguiez) intended to cooperate with the first positioning element (5 in Fig. 10, Boulenguiez). In the combination set forth in claim 1’s rejection, first positioning element 5 passes through openings of 6a into 4 in Figs. 9-10 of Boulenguiez, and then into an opening of the second movement-blank of Bertrand. Boulenguiez’s openings of 6a and Bertrand’s opening of the second-movement blank are considered as part of the same second positioning element.
Regarding claim 3, Boulenguiez in view of Bertrand discloses the device as claimed in claim 2, comprising the first foot and second foot (6a in Fig. 9 of Boulenguiez) and respective orifices of the second movement-blank (openings of the second movement-blank in the combination set forth in claim 1’s rejection).
Boulenguiez does not show each of the first and second foot comprising a respective driving portion driven into the respective orifices of the second movement-blank.
Bertrand teaches (Figs. 4-5) each of a first foot (foot for V3) and a second foot (foot for V1) comprising a respective driving portion (3a, 1c) driven into respective orifices (openings for V3, V1) of a second movement-blank (3).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Bertrand’s driving portions with Boulenguiez’s first and second feet so that each foot comprises a driving portion driven into a respective orifice of the second movement-blank. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have made this combination to precisely position the movement-blanks ([0022] and [0030] of Bertrand).
Regarding claim 4, Boulenguiez in view of Bertrand discloses the device as claimed in claim 2, wherein the first movement-blank is a balance bridge (Fig. 11 of Boulenguiez) and the second movement-blank is a plate ([0032] of Bertrand).
Regarding claim 5, Boulenguiez discloses the device as claimed in claim 1, wherein the device includes a third movement-blank (9 in Fig. 11).
Regarding claim 6, Boulenguiez discloses (Figs. 9-10) the device as claimed in claim 1, wherein the device including a first fastening element (5) and a second fastening element (6a), the first fastening element (5) being adapted to cooperate with the second fastening element (6a) to fasten the spiral spring (1) to the first movement-blank (6). See [0043].
Regarding claim 7, Boulenguiez discloses (Figs. 9-10) the device as claimed in claim 6, wherein the second fastening element (6a) and the first positioning element (5) are merged (Fig. 10 and [0043]).
Regarding claim 8, Boulenguiez discloses the device as claimed in claim 6, wherein fastening between the first and second fastening elements is achieved by the first fastening element fitting into the second fastening element to press the spiral spring onto the first movement-blank ([0043]).
Boulenguiez does not show the first fastening element including at least one first thread and the second fastening element including at least one second thread, fastening being achieved by screwing the first thread into the second thread to press the spiral spring onto the first movement-blank.
Boulenguiez teaches (Fig. 10) a third fastening element (13) including a first thread screwing into a second thread of a fourth fastening element (6c) ([0044]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted Boulenguiez’s first and second fastening elements for the third and fourth fastening elements. One of ordinary skill in the art would have been motivated to make this substitution to achieve the predictable result of producing a strong, reversible fastening (screws and pins are obvious, alternative fastening methods).
Regarding claim 9, Boulenguiez discloses (Figs. 9-10) the device as claimed in claim 1, wherein the first positioning element (5) includes a first means (5) for positioning the spiral spring (1). The positioning element 5 holds the spiral spring in place, thus positioning the spring.
Regarding claim 10, Boulenguiez discloses the device as claimed in claim 1.
Boulenguiez does not disclose that the first foot (6a in Fig. 9) is a first screw foot and the second foot (6a in Fig. 9) is a second screw foot.
Bertrand teaches (Figs. 4-5) a first foot (3a) being a first screw foot ([0032]) and a second foot (1c) being a second screw foot ([0024]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted Boulenguiez’s first and second feet for Bertrand’s first and second screw feet. One of ordinary skill in the art would have been motivated to make this substitution to achieve the predictable result of producing a strong, reversible fastening (screws and pins are obvious, alternative fastening methods).
Regarding claim 11, Boulenguiez in view of Bertrand discloses the device as claimed in claim 1, wherein the device includes a first axial clearance adjustment element and a second axial clearance adjustment element, the first axial clearance adjustment element being adapted to cooperate with the second axial clearance adjustment element to adjust the axial clearance of the oscillator. Paragraph [0055] of Bertrand discloses that the device has the property that a first axial clearance adjustment element (“plate”/second movement-blank) and a second axial clearance adjustment element (“balance bridge”/first movement-blank) cooperate with each other to allow for adjustment of the axial clearance of the oscillator.
Regarding claim 12, Boulenguiez in view of Bertrand discloses the device as claimed in claim 1, wherein the first movement-blank (6 in Boulenguiez, Fig. 9) and the second movement-blank (3 in Fig. 4, Bertrand) are configured to retain the spiral spring (1 in Boulenguiez, Fig. 9) between them.
Regarding claim 13, Boulenguiez discloses an assembly including the device as claimed in claim 1 and the oscillator including the spiral spring (Fig. 11).
Regarding claim 14, Boulenguiez discloses (Fig. 9) the assembly as claimed in claim 13, wherein the spiral spring (1) includes a third positioning element (4) adapted to cooperate with the first positioning element (5).
Regarding claim 15, Boulenguiez discloses (Fig. 9) the assembly as claimed in claim 14, wherein the third positioning element (4) includes a third opening (4).
Regarding claim 16, Boulenguiez discloses a timepiece including the assembly as claimed in claim 13 (abstract).
Regarding claim 17, Boulenguiez discloses the assembly as claimed in claim 14, wherein the oscillator includes a balance (abstract) and the spiral spring mounted on a staff (abstract: “shaft” and [0044]).
Regarding claim 18, Boulenguiez discloses the assembly as claimed in claim 14, wherein an outer part of the spiral spring includes the third positioning element (Fig. 7, 4 and 4a).
Regarding claim 19, Boulenguiez in view of Bertrand discloses (Fig. 7) the device as claimed in claim 1.
The combination of Boulenguiez and Bertrand does not show, in the second positioning element, the first opening having a circular section and the second opening having an oblong section.
Boulenguiez teaches (Fig. 7) a first opening having a circular section (4) and a second opening having an oblong section (4a).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second openings of Boulenguiez in view of Bertrand’s second positioning element so that the first opening has a circular section and the second opening has an oblong section. One of ordinary skill in the art would have been motivated to make this modification to correct for centering defects ([0039] of Boulenguiez).
Regarding claim 20, Boulenguiez in view of Bertrand discloses the device as claimed in claim 5.
Boulenguiez does not show the third movement-blank being a protection bridge disposed between the first and second movement-blanks.
Bertrand teaches (Fig. 4) a third movement-blank (OL1) being a protection bridge disposed between first (4) and second (3) movement-blanks.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Bertrand’s protection bridge with Boulenguiez’s device. One of ordinary skill in the art would have been motivated to make this combination to guide the rotation of the spring ([0033] of Bertrand).
Conclusion
Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MATTHEW DANIEL HWANG/Examiner, Art Unit 2833
/renee s luebke/Supervisory Patent Examiner
Art Unit 2833