Prosecution Insights
Last updated: October 02, 2026
Application No. 17/939,157

TIMEPIECE MODULE

Non-Final OA §103
Filed
Sep 07, 2022
Priority
Sep 08, 2021 — EU 21195559.6
Examiner
HWANG, MATTHEW DANIEL
Art Unit
2831
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Rolex S.A.
OA Round
5 (Non-Final)
84%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
123 granted / 146 resolved
+16.2% vs TC avg
Moderate +7% lift
Without
With
+7.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
33 currently pending
Career history
175
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
43.0%
+3.0% vs TC avg
§102
18.0%
-22.0% vs TC avg
§112
33.3%
-6.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 146 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2026-04-02 has been entered. Claim Objections Claim 1 is objected to because of the following informalities: "one of the positioning element can cooperate" in lines 19-20 is idiomatically incorrect and should be -one of the positioning elements-. Appropriate correction is required. 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 1-4, 6-11, and 13-20, and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Chatel (CH 702250) in view of Wyssbrod (US 2012/0134242). Regarding claims 1 and 20, Chatel discloses (Figs. 1 and 3-4) a timepiece assembly ([0001] in Applicant’s provided translation) comprising: a frame (3), and a module comprising: a mobile ([0002]), a first bridge (10), a second bridge (9), and a positioning system for positioning the second bridge on the first bridge, the positioning system comprising at least two positioning elements (16, 11), each of the positioning elements comprising: a first positioning portion (see image below) for positioning the first bridge, a second positioning portion (see image below) for positioning the second bridge, and a third positioning portion (holes in 16, 11 fitting 21, 15) able to position the positioning element relative to the frame (the location of the third positioning portion determines the positioning element’s position relative to the frame 3), wherein, for each of the at least two positioning elements, one of the frame and the third positioning portion comprises a respective protruding element (frame: 21, 15) provided on or attached to the frame (3), and the other of the frame and the third positioning portion is a respective cylindrical or partially cylindrical portion (the third positioning portion: holes to accommodate 21, 15, 16, 11) adapted to pivot helically about a main axis (longitudinal axis) of the at least one protruding element (21). The protruding element screws into cylindrical portion, so the cylindrical portion pivots helically about the main axis. PNG media_image1.png 471 750 media_image1.png Greyscale Chatel also discloses end portions of the two protruding elements (terminal ends of screws 21, 15) facing the frame arranged so that the third positioning portion (hole in 16 for 21) of one of the positioning elements can cooperate with an end portion (21) of one of the protruding elements to form a pivot so that the third positioning portion (hole in 11 for 15) of the other of the protruding elements can be guided along a circular path (16 will revolve about 21 as they screw together) without cooperation between the third positioning portion (hole in 11 for 15) of the other of the positioning elements and the end portion (15) of the other of the protruding elements. The two positioning elements have different depths (Fig. 3). As such, an end portion of one of the two protruding elements may cooperate with the third positioning portion of one of the two positioning elements without the end portion of the other of the two protruding elements interfering/cooperating with the third positioning portion of the other of the two positioning elements. Chatel does not show the third positioning portion pivoting circularly about the main axis of the protruding element, wherein the third positioning portion of the other of the protruding elements is guided along a flat, circular path and the protruding element is a pin. Wyssbrod teaches (Fig. 14 and [0008]) a positioning portion (“a centring bore”) pivoting circularly about a main axis (“a theoretical pivot axis about which the bridge can pivot relative to the corresponding plate”) of a protruding element so that another positioning portion (8) may be guided by the protruding element along a flat, circular path. Figs. 14-15 and paragraphs [0033], [0086], and [0090] teach a protruding element that is a pin revolving circularly about an axis (“circumference”). The pin’s cylindrical shape (see 6 in Fig. 14) guides any element rotating about and abutting against the pin into following a circular path. 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 the protruding element of Chatel for a pin so that the third positioning portion is adapted to pivot circularly and guide the other third positioning portion along a flat, circular path, as suggested by Wyssbrod. One of ordinary skill in the art would have been motivated to make this substitution to so as to ensure a precise assembly to create an operable device ([0007] of Wyssbrod). Regarding claim 2, Chatel discloses (Figs. 3-4) the timepiece assembly as claimed in claim 1, wherein the positioning system comprises second fixing elements (20, 14) for fixing the second bridge (9) on the first bridge (10), each of the second fixing elements collaborating with a second fixing portion (hole the fixing elements screw into) provided on each of the positioning elements. Regarding claim 3, Chatel discloses (Figs. 1 and 3-4) the timepiece assembly as claimed in claim 1, wherein the first positioning portion is a cylindrical or partially cylindrical portion (Figs. 1 and 3 show the cylindrical shape of the first positioning portion) adapted to collaborate with a first opening (opening accommodating pillar 16) provided in the first bridge (10). Regarding claim 4, Chatel discloses (Figs. 1 and 3-4) the timepiece assembly as claimed in claim 1, wherein the second positioning portion is a cylindrical or partially cylindrical portion (Figs. 1 and 3 show the cylindrical shape of the first positioning portion) adapted to collaborate with a second opening (opening accommodating pillar 16) provided in the second bridge (9). Regarding claim 6, Chatel discloses the timepiece assembly as claimed in claim 1, wherein the positioning elements are screw-feet (16). Regarding claims 7 and 8, Chatel discloses (Figs. 3-4) the timepiece assembly as claimed in claim 1, wherein the timepiece module comprises a third bridge (see image below) between the first bridge (10) and the second bridge (9) and the positioning elements each comprise a fourth positioning portion (see image below) for positioning the third element. PNG media_image2.png 475 750 media_image2.png Greyscale Regarding claim 9, Chatel discloses (Figs. 3-4) the timepiece assembly as claimed in claim 1, wherein the positioning system comprises first fixing elements (16, 11) each collaborating with a first fixing portion (inner face of 16 and 11 contacting 20 and 14) provided on each positioning element. Regarding claim 10, Chatel discloses the timepiece assembly as claimed in claim 1, wherein at least one of the following: the timepiece module is a regulating system module ([0014]), the mobile is an oscillator. Regarding claim 11, Chatel discloses the timepiece assembly as claimed in claim 1, wherein the timepiece module further comprises an escapement device ([0020]). Regarding claim 13, Chatel discloses (Figs. 3-4) the assembly as claimed in claim 1, wherein the frame (3) comprises the two protruding elements (21, 15) arranged so as to have respective longitudinal ends positioned in distinct parallel planes (Fig. 3 shows the elements being positioned at different depths). Regarding claim 14, Chatel discloses (Fig. 1) a timepiece comprising a timepiece assembly as claimed in claim 1 ([0018: “a horological device…consists of a regulating member 1 in the form of a module fixed in an opening 2 of the plate 3 of a movement”). Regarding claim 15, Chatel discloses (Figs. 1 and 3-4) a method for assembling a timepiece assembly as claimed in claim 1, the method comprising: providing the timepiece module ([0001]); providing the frame (3); mounting the timepiece module so that the timepiece module can pivot circularly on the frame (as modified by Wyssbrod in claim 1, the module pivots on the centring pin); positioning the timepiece module in a fixing position (position in Figs. 1-2) relative to the frame using positioning elements (16, 11); and fixing the timepiece module in the fixing position relative to the frame. The screws 14 and 20 fix the module in the fixing position. Regarding claim 16, Chatel discloses the timepiece assembly as claimed in claim 1, wherein the frame (3 in Figs. 3-4) is a bridge or a main plate ([0018]: “plate 3”). Regarding claim 17, Chatel discloses (Figs. 3-4) the timepiece assembly as claimed in claim 2, wherein the second fixing elements (20, 14) are screws ([0021]), and each of the second fixing portions is a tapped hole (the holes must be tapped/threaded for the screws to screw into). Regarding claim 18, Chatel discloses (Figs. 3-4) the timepiece assembly as claimed in claim 3, wherein the first opening is a first bore (the bore accommodates the bottom of pillar 16). Regarding claim 19, Chatel discloses (Figs. 3-4) the timepiece assembly as claimed in claim 4, wherein the second opening is a second bore (the bore accommodates the top of pillar 16). Regarding claim 24, Chatel in view of Wyssbrod discloses the timepiece assembly as claimed in claim 20, wherein the third positioning portion houses a cylindrical pin (Wyssbrod, Fig. 14, 6) The combination of Chatel and Wyssbrod does not explicitly show the third positioning portion being a cylindrical opening. Chatel teaches cylindrical openings (see image below). PNG media_image3.png 389 349 media_image3.png Greyscale 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 Chatel’s third positioning portion to be a cylindrical opening. One of ordinary skill in the art would have been motivated to make this modification so that the shape would predictably cooperate with and allow a cylindrical pin to fit inside the opening. Regarding claim 25, Chatel discloses the timepiece assembly as claimed in claim 1, wherein free ends of the end portions of the protruding elements are placed in two different planes parallel to a main plane of the frame. Fig. 3 shows the free ends of 15, 21 terminating at different heights. Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Chatel in view of Wyssbrod as applied to claim 1, and further in view of Rufenacht (US 2007/0159931). Regarding claims 22-23, Chatel in view of Wyssbrod discloses the timepiece assembly as claimed in claim 1. The combination of Chatel and Wyssbrod does not show the assembly comprising at least one fixing element for fixing the module to the frame, wherein the element is at least one screw collaborating with at least one screw foot. Rufenacht teaches (Figs. 1-3) an assembly (Fig. 1) comprising at least one fixing element (32) for fixing a module (18) to a frame (14), wherein the element is at least one screw (32, [0020]) collaborating with at least one screw foot (42). 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 Rufenacht’s at least one fixing element with Chatel’s assembly. One of ordinary skill in the art would have been motivated to make this combination to create a secure assembly that does not fall apart. Response to Arguments Applicant's arguments filed 2026-03-26 have been fully considered but they are not persuasive. Applicant argues that Wyssbrod’s centering system allows lateral movement such that the centering system cannot pivot to trace out a circular path. In particular, Applicant argues that 11 in Figs. 1-2 of Wyssbrod can move translationally in the hole 8. The updated rejection cites Fig. 14 showing two pins 6, 11) both restricted to circular pivoting. However, regardless of the shape of the hole 8 fitting pin 11, pin 6 in hole 4 is a centering system that restricts the pin to revolve with circular symmetry (see cited paragraphs in claim 1’s rejection); the pin 6 being able to pivot circularly and guide 3 along a circular path is a natural consequence of the pin 6 being centered by the centering system. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew Hwang whose telephone number is (571)272-1191. The examiner can normally be reached M-F from 9:30-5:30 PT. 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, Renee Luebke can be reached on (571)272-2009. 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. /MATTHEW DANIEL HWANG/Examiner, Art Unit 2833 /EDWIN A. LEON/Primary Examiner, Art Unit 2831
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Prosecution Timeline

Show 9 earlier events
Dec 03, 2025
Response Filed
Jan 02, 2026
Final Rejection mailed — §103
Mar 26, 2026
Response after Non-Final Action
Apr 02, 2026
Request for Continued Examination
Apr 07, 2026
Response after Non-Final Action
May 15, 2026
Non-Final Rejection mailed — §103
Sep 23, 2026
Examiner Interview Summary
Sep 23, 2026
Applicant Interview (Telephonic)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
84%
Grant Probability
91%
With Interview (+7.0%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 146 resolved cases by this examiner. Grant probability derived from career allowance rate.

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