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 .
Election/Restrictions
Claims 60-62 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/5/25.
Drawings
The drawings are objected to under 37 CFR 1.84(h)(5) because Figures 7 and 16 show modified forms of construction in the same view. A moved position may be shown by a broken line superimposed upon a suitable view if this can be done without crowding; otherwise, a separate view must be used for this purpose. Figures 49, 50, 53 and 54 are objected to because when a portion of a view is enlarged for magnification purposes, the view and the enlarged view must each be labeled as separate views.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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 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 47, 57 and 58 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. Regarding claim 47, the claimed term “several” is indefinite because it is unclear what the exact scope of the term is and there is no definition in the specification. Regarding claims 57 and 58, the claimed term “adequate” is a relative term which renders the claim indefinite. The term “adequate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claims 34-38, 41-47, 49-59 and 63-66 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mabillard, US 2019/0332061.
Regarding claim 34, Mabillard discloses a linkage mechanism for a horological mechanism, arranged for a movement transmission between an actuator (1) and a receiver (5), wherein said linkage mechanism includes a structure (6) relative to which a carrier (3) is movable according to a single degree of freedom (under a closed path 37) under the action of one said actuator, said carrier being connected to said structure by at least one flexible guide (2, 2’), each of said carrier and said structure being more rigid than each said flexible guide, the carrier being guided according to the degree of freedom only by the flexible guide ([0044] describes a closed loop equivalent to a single degree of freedom).
Regarding claim 35, Mabillard discloses said carrier is movable according to a single degree of freedom, other than a pivoting one, and so that each point of said carrier follows a path other than circular (closed path 37, [0044]).
Regarding claim 36, Mabillard discloses at least one said flexible guide is planar (2, 2’), and includes flexible necks, with a smaller section than the elements that are adjacent thereto ([0017]), and/or flexible blades, with a smaller section than the elements adjacent thereto, and forming articulations, and said linkage mechanism includes at least two arms articulated to said structure at two distinct points (2, 2’), said arms being arranged to kinematically cooperate with each other, or with a tertiary bar or a tertiary structure.
Regarding claim 37, Mabillard discloses said linkage mechanism includes a first main articulation (Fig 1) between said structure (6) and a first arm (2), and a second main articulation between said structure (6) and a second arm (2’), and in that, either said first arm includes, at a distance from said first main articulation, a translation guide with flexible connections or a sliding element arranged to cooperate slidably and in an articulated manner with a complementary sliding element which includes, at a distance from said second main articulation, said second arm forming said carrier, or else said linkage mechanism includes, at a distance from said first main articulation, a first secondary articulation (32) between said first arm (2) and said carrier (3), and, at a distance from said second main articulation and from said first secondary articulation, a second secondary articulation (33) between said second arm (2’) and said carrier (3), or between said second arm and an operating bar articulated with said carrier.
Regarding claim 38, Mabillard discloses said linkage mechanism includes, at a distance from said first main articulation, a first secondary articulation (Fig 1) between said first arm (2) and said carrier (3), and, at a distance from said second main articulation and said first secondary articulation, a second secondary articulation between said second arm (2’) and said carrier (3), or between said second arm and an operating bar articulated with said carrier, and wherein said second secondary articulation is arranged between said second arm (2’) and one said operating bar articulated with said carrier, which operating bar is articulated respectively at a first operating articulation with said second arm, and at a second operating articulation with said carrier.
Regarding claim 41, Mabillard discloses said carrier, said structure, and said at least one flexible guide are coplanar (Fig 1 and [0057].
Regarding claim 42, Mabillard discloses said carrier is a third bar (Fig 1).
Regarding claim 43, Mabillard discloses said carrier is a polygonal rigid structure.
Regarding claim 44, Mabillard discloses said first arm (2) or said second arm (2’) is arranged to be driven by one said actuator (1 is clearly driving the arms in figure 1).
Regarding claim 45, Mabillard discloses said third bar is arranged to be driven by one said actuator (Fig one shows the carrier 3 being driven by the actuator 1).
Regarding claim 46, Mabillard discloses said carrier is connected to said fixed structure by a plurality (2, 2’) of said flexible guides.
Regarding claim 47, Mabillard discloses said carrier is connected to said fixed structure only by one said flexible guide or several (2, 2’) said flexible guides.
Regarding claim 49, Mabillard discloses said linkage mechanism includes at least one said flexible guide includes a pivot with at least two blades at least locally parallel (Fig 2a, 2c).
Regarding claim 50, Mabillard discloses said linkage mechanism is a composite mechanism including at least one said flexible guide made of silicon and/or silicon oxide, mechanically fastened to said carrier and to said structure by a pinned and/or screwed and/or glued and/or pinched connection (Fig 1 and [0057] “silicon”).
Regarding claim 51, Mabillard discloses said linkage mechanism is a monolithic mechanism (Fig 1).
Regarding claim 52, Mabillard discloses said carrier (3) includes, at a distal end, a hook or a finger or a tooth (34) for driving one said receiver [0033], and wherein the path of said distal end includes at least one linear or substantially linear section (path 37 includes a substantially linear section).
Regarding claim 53, Mabillard discloses the path of said distal end is linear or substantially linear (path 37 as illustrated includes a substantially linear section).
Regarding claim 54, Mabillard discloses the path of said distal end includes a linear or substantially linear section corresponding to a first stroke T1 of said distal end in a first direction, and a concave curve joining the ends of said section and corresponding to a second stroke T2 of said distal end in a second direction opposite to said first direction (Fig 1 illustration of path 37 shows substantially linear section and a concave curve joining the ends of a second direction opposite to the first).
Regarding claim 55, Mabillard discloses a horological mechanism, including an actuator (1) and a receiver (5), and at least one linkage mechanism according to claim 34, arranged for a movement transmission between said actuator and said receiver.
Regarding claim 56, Mabillard discloses said carrier (3) is arranged to drive one said receiver (5) by direct contact, or through a push-piece or a lever (figure 1, see 34).
Regarding claim 57, Mabillard discloses said actuator (1) is arranged to exert a continuous force on said linkage mechanism, over the entirety of a control stroke, for an adequate stroke of said receiver (the actuator is “arranged” to exert any type of force).
Regarding claim 58, Mabillard discloses said actuator (1) is arranged to exert an impulse on said linkage mechanism, to transmit an adequate impulse to said receiver (the actuator is “arranged” to exert any type of force).
Regarding claim 59, Mabillard discloses said actuator is secured to one of the elements of said flexible guide or articulated with one of the elements of said flexible guide (Fig 1).
Regarding claim 63, Mabillard discloses said linkage mechanism is a Chebyshev lambda mechanism (Fig 1) arranged to transform a continuous rotation imparted by said actuator (at 1) into a periodic drive push on a toothing or a bearing surface that said receiver includes (via track 37).
Regarding claim 64, Mabillard discloses said linkage mechanism includes a first main articulation (Fig 1) between said structure (6) and a first arm (2), and a second main articulation between said structure (6) and a second arm (2’), and wherein either said first arm (2) includes, at a distance from said first main articulation, a translational guide with flexible collar connections (Fig 1) or a sliding element arranged to cooperate slidably and in an articulated manner with a complementary sliding element that includes, at a distance from said second main articulation, said second arm forming said carrier, and wherein said linkage mechanism is a mechanism called Chebyshev linkage arranged to transform a rotation imparted by said actuator into a linear retrograde movement of said receiver (via track 37).
Regarding claim 65, Mabillard discloses a horological movement including at least one horological mechanism according to claim 55 (abstract and Fig 1).
Regarding claim 66, Mabillard discloses a watch including at least one horological movement according to claim 65 (abstract and Fig 1).
Allowable Subject Matter
Claims, 39, 40 and 48 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 39 the prior art fails to disclose or reasonably suggest the claimed subject matter specifically including a pivot arranged to guide in rotation a third bar which is articulated, at a third secondary articulation distant from said pivot, with said operating bar.
Regarding claim 40, the prior art fails to disclose or reasonably suggest the claimed subject matter specifically including at least one said flexible guide includes at least two parallel planar levels, and includes in each level flexible blades, with a smaller section than the elements that are adjacent thereto, and whose directions are crossed and whose projection, on a plane parallel to said levels, of the intersection of these directions defines a virtual pivot axis and an articulation.
Regarding claim 48, the prior art fails to disclose or reasonably suggest the claimed subject matter specifically including a plurality of said flexible guides disposed in series between said carrier and said structure and at least two successive said flexible guides of which are separated by an intermediate inertial mass to which they are both fastened or with which they form a monolithic assembly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON COLLINS whose telephone number is (571)270-3994. The examiner can normally be reached 9:30 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Regis Betsch can be reached at (571) 270-7101. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON M COLLINS/ Examiner, Art Unit 2844
/REGIS J BETSCH/ SPE, Art Unit 2844