Detailed Action begins on Page 3
Table of Contents
Notice of Pre-AIA or AIA Status 3
Response to Amendment 3
Response to Arguments 3
Claim Rejections - 35 USC § 102 3
Claims 1-5, and 8-13 3
Claims 1 and 6-7 6
Conclusion 7
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 .
Response to Amendment
The amendments to claims 1-4, 6, and 8-13 are acknowledged. The previous claim objection to claim 1, 35 U.S.C. 112(a) rejections to claims 1-11, and 35 U.S.C. 1123(b) rejections to claims to 4, 8, and 11 are overcome by these amendments and accordingly withdrawn.
Response to Arguments
Applicant’s arguments with respect to claims 1-13 have been considered but are moot 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, and 8-13
Claims 1-5, and 8-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin et al. (CH 710995 A2, hereinafter “Martin”).
Regarding Claim 1, Martin discloses a wristwatch comprising: a watch case (4, 10) including a middle part (26), a glass (dial side) [abstract] and a back (12), defining a volume arranged to accommodate a movement [fig. 2], a wristlet (2) through-mounted in the watch case [figs. 1-2], partially located inside said volume and mounted movably so as to slide within the middle part [figs. 1-2] (in sliding contact with 8 and 12), wherein the wristlet comprises a first attachment portion (2a) linked to a first end of the wristlet and a second attachment portion (2b) linked to a second end of the wristlet, wherein the first and the second attachment portions are mounted movably relative to the middle part [0029] (once mounted they are capable of being moved for disassembly), the first and the second attachment portions are arranged inside said volume [fig. 1], and wherein the wristlet comprises a linking portion (2c, 2d) located in said volume, said linking portion being attached to the first attachment portion and to the second attachment portion [fig. 2].
Regarding Claim 2, Martin discloses the wristwatch according to claim 1, and further discloses wherein the middle part comprises two pass-through slots arranged to allow sliding of the wristlet and located on either side of the middle part [figs. 3-4].
Regarding Claim 3, Martin discloses the wristwatch according to claim 2, and further discloses wherein the middle part comprises at least one abutment surface (26) around each of said pass-through slots and wherein the linking portion defines an excess thickness, an enlargement and/or a protrusion arranged to come into abutment against said abutment surfaces [fig. 2] (enlargement/protrusion in width direction).
Regarding Claim 4, Martin discloses the wristwatch according to claim 2, wherein the middle part comprises at least one abutment surface (18) around each of said pass-through slots [figs. 3-4] and wherein each of the first and the second attachment portions comprises an excess thickness, an enlargement and/or a protrusion arranged to come into abutment against said abutment surfaces [fig. 2] (2a and 2b enlarge to partially wrap around 18).
Regarding Claim 5, Martin discloses the wristwatch according to claim 1, and further discloses wherein the linking portion is arranged to allow at least one degree of freedom between the first attachment portion and the second attachment portion [fig. 2] [0019] (strap made of flexible material like disclosed in 0019, not claimed that the one degree of freedom be while attached).
Regarding Claim 8, Martin discloses the wristwatch according to claim 1, and further discloses wherein the linking portion is an element attached to the wristlet and comprises at least one flexible and/or elastic arm [fig. 2] [0019] (two flexible arms).
Regarding Claim 9, Martin discloses the wristwatch according to claim 1, and further discloses wherein the linking portion is formed in a single part with the wristlet [fig. 2].
Regarding Claim 10, Martin discloses the wristwatch according to claim 1, and further discloses wherein the first attachment portion and the second attachment portion are elements attached to the wristlet [fig. 2] (part of the wristlet, therefore attached).
Regarding Claim 11, Martin discloses the wristwatch according to claim 1, and further discloses wherein the wristlet, the first attachment portion, the second attachment portion and the linking portion are formed in a single piece and form an eyelet defining an opening arranged to be superimposed on the movement [fig. 2].
Regarding Claim 12, Martin discloses the wristwatch according to claim 1, and further discloses wherein the middle part is deformable [0029] (deformed to dissemble).
Regarding Claim 13, Martin discloses the wristwatch according to claim 1, and further discloses comprising a container (10) arranged to contain the watch movement and to be supported at least partially by the wristlet or the linking portion [figs. 1-3].
Claims 1 and 6-7
Claims 1 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guo (CN 108508736 A).
Regarding Claim 1, Guo discloses a wristwatch [fig. 11] [abstract] comprising: a watch case (8) including a middle part (walls of case shown in fig. 3, fig. 11), a glass (1) and a back (back of case shown in fig. 3), defining a volume arranged to accommodate a movement [fig. 3] [abstract] (space shown in figure 3 sufficient to accommodate the movement of a watch), a wristlet [fig. 11] through-mounted in the watch case [figs. 1-3], partially located inside said volume and mounted movably so as to slide within the middle part [figs. 1-2], wherein the wristlet comprises a first attachment portion (4) linked to a first end of the wristlet and a second attachment portion (4) linked to a second end of the wristlet [fig. 1], wherein the first and the second attachment portions are mounted movably relative to the middle part [figs. 1-2], the first and the second attachment portions are arranged inside said volume [figs. 1-2], and wherein the wristlet comprises a linking portion (3) located in said volume [fig. 1], said linking portion being attached to the first attachment portion and to the second attachment portion [fig. 1].
Regarding Claim 6, Guo discloses the wristwatch according to claim 1, and further discloses wherein the first attachment portion and the second attachment portion are each mounted movably in translation and/or in rotation relative to the middle part (translation) [figs. 1-2].
Regarding Claim 7, Guo discloses the wristwatch according to claim 1 also comprising an axis passing through the first attachment portion and through the second attachment portion (an imaginary horizontal line passing between both attachment portions in fig. 1) , the first attachment portion and the second attachment portion being arranged to be movable in translation at least along this axis [figs. 1-2].
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.
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/KEVIN ANDREW JOHNSTON/Examiner, Art Unit 2844
/REGIS J BETSCH/SPE, Art Unit 2844