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 § 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 1, 5-8 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2021/0116869 (Hundzinger et al.).
With regards to claim 1, Hundzinger et al. discloses a system for measuring a plurality of mechanical horological movements comprising, as illustrated in Figures 1-6, a device for testing a timepiece (e.g. device illustrated in Figures 1,8) comprising at least one case 1 (e.g. a case; paragraph [0015]) arranged to receive calottes and/or watch heads 10 (e.g. watch movements, watch heads; paragraph [0015]) where each calotte enclosing a horological movement; a control member 8 (e.g. winding button; paragraph [0015]) of which projects from the calotte where each watch head enclosing such a horological movement (e.g. paragraph [0015]); each case 1 comprising at least one removable and stackable back 4 (e.g. bottom cover; paragraph [0015]); a frame (e.g. structure above and below PCB 6 which sandwiches the PCB is considered as this frame in Figure 2) comprising at least one measuring support 6 (e.g. printed circuit board PCB opposite each crown is considered as this measuring support) arranged to constitute a lower support for the calotte or the watch head (e.g. observed in Figure 2); an upper portion comprising at least one cover 2 (e.g. top cover; paragraph [0015]) provided with at least one locking element (e.g. implicit inherently since there is pressure between the winding movement buttons and the microphone; Figures 1-2) arranged to cooperate in a complementary manner with a locking structure which the back 4 comprises in a closure and locking position of the case; one or more resilient members 3 (e.g. central part made of insulating material like expanded polypropylene foam; paragraph [0022]); in the closure and locking position at least one upper resilient element 3 (e.g. central part made of insulating material like expanded polypropylene foam; paragraph [0022]) interposed between the frame and the cover 2 is compressed to hold each the calotte and/or each the watch head enclosed by the case 1 (e.g. observed in Figures 1-2); each measuring support 6 is supported by a sole 15 (e.g. paragraphs [0021] and [0016] indicate a spiral-shaped structures arranged in the material of the PCB formed by cutting curved section 16 along with synthetic material on the PCB 6 to establish a mechanical noise-cancelling link between the piezoelectric element of the microphone by cancelling and damping sound by uncoupling the piezoelectric element from the PCB; paragraph [0021],[0016]) that is between the measuring support and the frame such that the sole being made of a flexible resilient material enabling backlash compensation (e.g. as indicated in paragraph [0016], the PCB is made of synthetic material which is generally both flexible and highly resilient such that the spiral-shaped structure is a mechanical noise-cancelling link between the piezoelectric element of the microphone by cancelling and damping sound by uncoupling the piezoelectric element from the PCB); the measuring support 6 being without direct contact neither with the frame nor with the cover (e.g. the PCB includes the spiral-shaped structures are isolated from the frame since arranged on winding movement button 8 and top cover 2 and bottom cover 4; observed in Figure 2) and is arranged to carry at least one internal sensor 7 (e.g. microphone; paragraphs [0016],[0017]) arranged to listen to the running of the horological movement enclosed in the calotte or the watch head in the closure and locking position where the control member or respectively the watch head bears on the measuring support, on an edge of the control member or respectively of the watch head (e.g. paragraphs [0016] to [0022]; observed in Figure 2); each the horological movement contained in the case is phonically isolated from the other horological movements included in the case by other resilient elements contained in the case (e.g. spiral-shaped structures 15 formed by cutting curved section 16 which allows damping and isolation from other movements; Figures 2-3). (See, paragraphs [0015] to [0030]).
With regards to claim 5, Hundzinger et al. further discloses each the resilient element 15 included in the case is made of a flexible resilient material enabling backlash compensation, or includes resilient material on each side intended to be in contact with the calotte or the watch head (e.g. resilient element 15 are on both sides of the PCB plate 6; observed in Figures 2-3).
With regards to claim 6, Hundzinger et al. further discloses the upper portion comprises at least one belt removable and arranged to be stacked between the back 4 and the cover 2 such that the belt comprising at least one chamber arranged to directly or indirectly surround a plurality of the calottes or the watch heads isolated from the walls of the chamber by at least one the resilient element (e.g. observed in Figure 2).
With regards to claim 7, Hundzinger et al. further discloses the locking structure included in the back 4 comprises columns (e.g. columns on four corners; Figure 1) which pass through at least one electronic module 21-33 (e.g. electrical circuits and components from PCB) arranged to be fixed to the back (e.g. observed in Figure 2); the back 4 comprises at least one window 28 (e.g. user interface like a screen) arranged for the connection of external circuits (e.g. computer; paragraph [0030]) for exchanging data with the at least one electronic module, and for the connection of external circuits for supplying energy storage means 12,30 (e.g. battery having a power management unit; paragraphs [0019],[0028]; Figure 6) included in the at least one electronic module.
With regards to claim 8, Hundzinger et al. further discloses the at least one belt comprises at least one cover for insulating and protecting the energy storage means 12,30 fixed in a compartment 11 (e.g. central compartment; paragraph [0019]) carried by the frame or by at least one the electronic module (e.g. observed in Figures 1-2)
With regards to claim 14, Hundzinger et al. further discloses at least the frame comprises identification markings (e.g. inherently has markings to have the ability to identify each calotte/watch head being tested) on the dial side or the back side of the calottes or the watch heads 10, and/or wherein the case comprises mechanical foolproofs to ensure uniform positioning of the dial side and the back side of the calottes or the watch heads.
With regards to claim 15, Hundzinger et al. further discloses each the internal sensor 7 is a piezo sensor (e.g. piezoelectric element; paragraph [0018]); the electronic module 21-33 is arranged to emit and/or receive infrared and/or other signals for triggering manipulation means for moving at least one the case and arming automatic winding mechanisms included in the horological movements contained in the case (e.g. paragraphs [0025] to [0030]; Figure 6).
With regards to claim 16, the claim is directed to a method claim and is commensurate in scope with the above apparatus claim 1 and is rejected for the same reasons as set forth above.
Allowable Subject Matter
Claims 2-4 and 9-13 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.
Response to Amendment
Applicant’s arguments with respect to claims 1,5-8,14-16 have been considered but are moot in view of the new ground(s) of rejection and/or because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Helen C Kwok whose telephone number is (571)272-2197. The examiner can normally be reached Monday to Friday, 7:30 to 4:00 EST.
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, Peter Macchiarolo can be reached at 571-272-2375. 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.
/HELEN C KWOK/Primary Examiner, Art Unit 2855