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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
In claim 7, the “translation-stopping elements” are formed by a radial tongue having an interface face, wherein one tongue extends outwards and the other inwards so that the two elements cooperate with each other ([0036]-[0037] of the specification).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 9-10 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.
Claim 9 lacks antecedent basis for “the ‘banking end’” in line 5. It has been read as –a “banking end”-.
Claim 10 recites, “via which they cooperate,” but what structure “they” refers to is unclear. It has been read as -the tongues-.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Vuillemin (CH 703400) in view of Dal Busco (US 4,975,893).
Regarding claim 1, Vuillemin discloses (Fig. 2b) a watch case (title), comprising: a middle (1 and [0007] of the translation: “case body”); a bezel ([0007]); and a connecting ring (17) arranged so as to be able to rotate relative to the middle ([0008]) and by means of which the bezel is fastened to the middle ([0008]) in a position in which said bezel (2) is forced to bear against said ring by a resilient restoring force ([0022]: “pressure maintained on the bezel 2 against the action of the wavy spring washer”) generated by a resilient member (14), the connecting ring and the bezel being configured so that when the bezel is subjected to a force that goes against the resilient restoring force, the interlocking members no longer cooperate with each other and thus allow rotational freedom between said connecting ring and said bezel ([0007]: “the bezel can, through a sequence of an axial movement towards the back of the case…be displaced relative to the retaining member”), the connecting ring and the bezel being further configured so as to be able to be separated when they are arranged in a predefined angular position relative to each other ([0007]: “only when the bezel is in one of these unstable angular positions, the bezel…can be axially released from said retaining device”).
Vuillemin also discloses (Fig. 2b) the connecting ring and bezel each comprising at least one member (19 of the ring 17 and 26 of the bezel 2) cooperating with each other when the bezel is fastened to the middle (Fig. 2b).
Vuillemin does not show the at least one members being interlocking members that eliminate any relative mobility between said connecting ring and said bezel.
Dal Busco teaches (Fig. 1) a connecting ring (23) and a bezel (19) each comprising at least one interlocking member (20, 23b) cooperating with each other when the bezel is fastened to a middle (1), in order to eliminate any relative mobility between said connecting ring and said bezel (abstract teaches that the bezel and ring are fastened).
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 Vuillemin’s ring’s and bezel’s members for Dal Busco’s interlocking members. One of ordinary skill in the art would have been motivated to make this substitution to achieve the predictable result of creating a secure, tight connection between the bezel and the ring.
Regarding claim 2, Vuillemin in view of Dal Busco discloses (Vuillemin, Fig. 2) the watch case according to claim 1, wherein the connecting ring (17) comprises a peripheral part (18) arranged against a bearing surface (8) of the middle (1).
Vuillemin does not show the connecting ring comprising a peripheral shoulder by means of which the shoulder is arranged in abutment against an axial bearing surface of the middle formed by a radial lip.
Dal Busco teaches (Fig. 1) a connecting ring (23) comprising a peripheral shoulder (26) by means of which the shoulder is arranged in abutment against an axial bearing surface (27) of the middle (1) formed by a radial lip (27).
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 Vuillemin’s peripheral part and middle bearing surface for Dal Busco’s peripheral shoulder and axial bearing surface. One of ordinary skill in the art would have been motivated to make this substitution to achieve the predictable result of creating a secure, tight connection between the ring and the middle.
Regarding claim 3, Vuillemin in view of Dal Busco discloses (Dal Busco, Fig. 1) the watch case (1) according to claim 2, wherein the interlocking members (20, 23b) of the bezel (19) and of the connecting ring (23) respectively comprise a coupling element (20, 23b), said coupling elements having complementary shapes and cooperating with one another when the bezel is fastened to the middle (Fig. 1) and being separated from one another when the bezel is subjected to a force that goes against the resilient restoring force. As the bezel’s interlocking member is below the ring’s interlocking member, when the bezel is subjected to a downwards force, the bezel’s interlocking member must move down and away from the ring’s interlocking member.
Regarding claim 4, Vuillemin teaches the watch case according to claim 3, wherein the coupling elements are configured, when the bezel is subjected to a force that goes against the resilient restoring force, to prevent the rotation of the bezel relative to the connecting ring in a first direction of rotation and to allow its rotation in a second direction of rotation opposite to the first direction of rotation ([0014]).
Regarding claim 7, Vuillemin in view of Dal Busco discloses the watch case according to claim 3, wherein the interlocking members of the bezel and of the connecting ring respectively comprise a translation-stopping element (Dal Busco, Fig. 1, 20 and 23b), said translation-stopping elements cooperating with each other when the bezel is fastened to the middle (Dal Busco, Fig. 1 and abstract) and being released from each other when the coupling elements are separated from each other and when the bezel and the connecting ring are arranged in the predefined angular position (Vuillemin, [0007]: “unstable angular positions”]). Paragraph [0007] of Vuillemin discloses the bezel being released and removed from the ring—the translation-stopping elements must therefore be separated.
Regarding claim 8, Vuillemin in view of Dal Busco discloses (Fig. 1 of Dal Busco) the watch case according to claim 7, wherein the translation-stopping elements of the bezel and of the connecting ring are formed respectively by a radial tongue (20, 23b), the tongues extending in opposite directions and each comprising an interface face via which they rest against one another when the bezel is fastened to the middle (see image below).
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Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Vuillemin in view of Dal Busco, and further in view of Lee (US 2017/0048994).
Regarding claim 5, Vuillemin discloses the watch case according to claim 1, wherein the connecting ring comprises a toothing ([0015]) cooperating with an indexing element ([0015) fastened to the middle ([0014]: “the watch case…is further equipped with indexing organs”).
The combination of Vuillemin and Dal Busco does not show the indexing element being resilient.
Lee teaches a resilient indexing element (102, 105 in Fig. 5B).
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 Vuillemin’s indexing element for Lee’s resilient indexing element. One of ordinary skill in the art would have been motivated to make this substitution to achieve the predictable result of facilitating rotation, holding the bezel in position, and communicating to a user when a bezel has been rotated ([0090] of Lee).
Regarding claim 6, Vuillemin discloses the watch case according to claim 4, wherein the connecting ring comprises a toothing cooperating with an indexing element ([0015]) fastened to the middle ([0014]), the toothing being shaped so as to allow rotation of the connecting ring only in the first direction of rotation ([0015]).
The combination of Vuillemin and Dal Busco does not show the indexing element being resilient.
Lee teaches a resilient indexing element (102, 105 in Fig. 5B).
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 Vuillemin’s indexing element for Lee’s resilient indexing element. One of ordinary skill in the art would have been motivated to make this substitution to achieve the predictable result of facilitating rotation, holding the bezel in position, and communicating to a user when a bezel has been rotated ([0090] of Lee).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Vuillemin in view of Dal Busco, and further in view of Wahler (US 20190187619).
Regarding claim 9, Vuillemin in view of Dal Busco discloses the watch case according to claim 7.
The combination of Vuillemin and Dal Busco does not show the coupling element of the connecting ring being formed by a recess defined between two radial bankings, one of which is formed by a lateral end of the translation-stopping element of the connecting ring, referred to as the “banking end”, the coupling element of the bezel being formed by a radial lug intended to be engaged in said recess.
Wahler teaches (Figs. 1, 7) a coupling element of a connecting ring (25) being formed by a recess (40) defined between two radial bankings (26), one of which is formed by a lateral end of a translation-stopping element (27-28) of the connecting ring (25 and [0070]), referred to as a “banking end,” a coupling element (39) of the bezel being formed by a radial lug (39) intended to be engaged in said recess (Fig. 5 and [0093]).
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 Wahler’s recess, radial bankings, and radial lug with Vuillemin in view of Dal Busco’s connecting ring so that the ring’s coupling element is formed by a recess defined between two radial bankings, one of which is formed by a lateral end of the translation-stopping element of the connecting ring, and the coupling element of the bezel is formed by a radial lug intended to be engaged in said recess. One of ordinary skill in the art would have been motivated to make this combination to axially secure the bezel ([0093] of Wahler).
Allowable Subject Matter
Claims 9 and 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 9, Dal Busco discloses the interlocking members comprising (1) translation-stopping elements that cooperate with each other and (2) coupling elements with complementary shapes that cooperate with one another. 20 and 23b in Fig. 1 form both the translation-stopping elements and the coupling elements. However, Dal Busco does not show the coupling element being formed by a recess defined between two radial bankings, one of which is formed by a lateral end of the translation-stopping element of the connecting ring, and the coupling element of the bezel being formed by a radial lug intended to be engaged in said recess.
Wahler (US 20190187619) discloses (Figs. 1, 5, 7) a connecting ring (25) having a coupling element formed by a recess (40) defined between two radial bankings (26), one of which is formed by a lateral end of a translation-stopping element (26) of the connecting ring, and a coupling element (39) of a bezel (33) being formed by a radial lug (39) intended to be engaged in the recess. However, Wahler does not show the coupling elements being separated from one another when the bezel is subjected to a force that goes against a resilient restoring force, as claimed in claim 3 from which claim 9 depends.
The prior art does not show or suggest interlocking members of a bezel and connecting ring each comprising (1) coupling elements that separate from one another when the bezel is subjected to a force going against a resilient restoring force and (2) translation-stopping elements, wherein the coupling element of the ring is formed by a recess defined between two radial bankings, one of which is formed by a lateral end of the ring’s translation-stopping element, and the coupling element of the bezel is formed by a radial lug intended to be engaged in said recess, in combination with the other limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Latini (WO 9745775) shows a recess formed by two radial bankings (4 in Fig. 1).
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/MATTHEW DANIEL HWANG/ Examiner, Art Unit 2833
/renee s luebke/ Supervisory Patent Examiner
Art Unit 2833