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 11, 17, 21, 22 and 24-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berger, US 3,162,008.
Regarding claim 11, Berger discloses a dial (22) for a watch, wherein the dial has a plate (22) with a surface, with information (27) being provided on the surface, wherein some of the information is transparent (information 27 is considered transparent because it is invisible), and wherein the transparent information is invisible at a first viewing angle (parallel and at right angles to the light polarizing axis of the stationary first light polarizing disc 28) and visible at a second viewing angle (angles between parallel and at right angles, see col. 3 lines 15-36).
Regarding claim 17, Berger discloses with the exception of a first passage opening for hands, the plate forms a continuously closed face without further passage openings (Fig 3).
Regarding claim 21, Berger discloses the transparent portion of the information is applied to the plate as an uppermost layer (Fig 3).
Regarding claim 22, Berger discloses the transparent portion of the information is elevated above adjacent portions of the plate (Fig 3, the information is seen to be above adjacent portions of the plate because the information is above the plate at all locations).
Regarding claim 24, Berger discloses the dial is a dial of a wristwatch (Fig 1).
Regarding claim 25, Berger discloses a watch having a dial as claimed in claim 11, wherein the watch has a transparent dial covering (13) which covers the dial, wherein, when the dial is viewed in a first direction with respect to the surface of the plate, the transparent portion of the information is transparent and cannot be seen (parallel and at right angles to the light polarizing axis of the stationary first light polarizing disc 28), and wherein, when the dial is viewed in a second direction, differing from the first direction, with respect to the surface of the plate, the transparent portion of the information allows the transparent portion of the information to be seen (angles between parallel and at right angles, see col. 3 lines 15-36).
Regarding claim 26, Berger discloses the watch is a wristwatch.
Claim Rejections - 35 USC § 103
Claims 12, 13, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Berger in view of Gouthier, US 2004/0196742.
Regarding claim 12, Berger does not explicitly disclose the material properties of the plate and therefore does not disclose if it is opaque or translucent or dark.
Gouthier discloses a dial plate 10 made of brass [0014] and therefore opaque.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dial plate of Berger to be a brass plate as taught by Gouthier because Berger does not disclose the material used and because Gouthier states: “ The dial 2 represented in FIG. 1 comprises a substrate plate 10, generally made of brass or of another metal and designed to supply a mechanical support to the construction” [0014].
Regarding claim 13, Berger and Gouthier disclose wherein a surface of the plate, on which the transparent portion of the information is presented, is glossy varnished, so that a reflected portion of an incident light is increased (Gouthier, “varnished” [0014])
Regarding claims 19 and 20, Berger and Gouthier disclose the plate is made of metal and specifically made of brass (Gouthier, “brass” [0014]).
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Berger in view of Baba, US 2021/0223743.
Regarding claims 14-16 Berger does not explicitly disclose the information comprises a manufacturer’s name or logo.
Baba discloses it is conventional to show a manufacturer’s name and logo (“The logo 12 is characters, numerals, or a mark indicating a product name or a manufacturer name [0036]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dial plate of Berger to use the transparent information displayed by Berger to display the manufacturer’s name and logo as taught by Baba for the purpose of advertising or as a status symbol for the owner.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Berger in view of Singer, CH548367.
Regarding claim 18, Berger discloses the plate forms a continuously close face with the exception of a first passage opening for hands but does not explicitly disclose further passage openings for index displays and/or markings.
Singer discloses with the exception of a first passage opening and further passage openings for index displays and/or markings, the plate forms a continuously closed face without further passage openings (Fig 1 shows only passage openings for index displays and/or markings).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the plate to include passage openings for index displays or markings as taught by Singer for the purpose of hiding the markings below the polarizing layer to create a unique and attractive time display and because Singer states: “a further object of the present invention is to provide an improved time piece display device of the above nature characterized by its simplicity, attractiveness and the unique effect afforded thereby” (col 1, line 30).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Berger in view of Hiroe, US 8,758,884.
Berger does not explicit disclose printing transparent information on to the plate.
Hiroe discloses a dial including a partial print layer that is a transparent layer (abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dial plate of Berger to print the transparent information onto the dial plate because Berger states: “a stereoscopic feeling and a high-class feeling can be effectively presented.” (Hiroe, col. 22 line 25).
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 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
/EDWIN A. LEON/ Primary Examiner, Art Unit 2833
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