Detailed Action begins on Page 3
Table of Contents
Notice of Pre-AIA or AIA Status 3
Double Patenting 3
Claim Objections 3
Claim Interpretation 4
112(f) invoked with presence of “Means” 6
112(f) invoked despite absence of “Means” 7
112(f) not invoked despite presence of “Means” 8
Claim Rejections - 35 USC § 112(b) 10
Claims 1-18 10
Allowable Subject Matter 14
Citation of Relevant Art 15
Conclusion 16
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 .
Double Patenting
Provisional rejections of the present application on the ground of nonstatutory double
patenting has been reviewed in consideration of the current claims being unpatentable over
copending Application No. 18/427,050 and Application No. 18/430012. Despite the similarities
in the claims of these applications there is not nonstatutory double patenting as each
application requires several unique claim limitations separate from the other applications which
do not arise to obviousness type non-statutory double patenting in view of related prior art.
Claim Objections
Claims 1-18 are objected to because of the following informalities:
Regarding Claim 1, it recites the limitation “damping means comprising a gearwheel coaxial with the inertia block and mounted on the inertia block, and a damping device arranged to cooperate with the inertia block via the gearwheel and limit the modification of the active length of the spiral in the event of a sudden acceleration or deceleration” and because of the comma the claim is being interpreted as “damping means comprising: (i) a gearwheel coaxial with the inertia block and mounted on the inertia block, and (ii) a damping device arranged to cooperate with the inertia block via the gearwheel and limit the modification of the active length of the spiral in the event of a sudden acceleration or deceleration” however the claim could be interpreted in a manner where “arranged to cooperate” is interpreted as functional language for the “damping means” and this would require different 35 U.S.C. 112(f) interpretations than those provided below. If the interpretation used for claim 1 above is intended the claim should be clearly recite as much to clearly provide as much on the record, and if the alternative interpretation is intended the limitation should be corrected.
Claims 2-18 depend from claim 1 and are objected therein.
Regarding Claim 17, it recites the limitation “the autonomous adjustment device for independent adjustment of the active length of the spiral in accordance with claim 1” and this should affirmatively recite “according to claim 1” or “of claim 1” instead of reciting “in accordance with claim 1”.
Regarding Claim 18, it recites the limitation “A timepiece including the horological movement, in accordance with claim 17” and this should affirmatively recite “the horological movement according to claim 17” or “the horological movement of claim 17” instead of reciting “the horological movement, in accordance with claim 17”.
Appropriate correction is required.
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:
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;
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
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.
112(f) invoked with presence of “Means”
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.
The claim limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Such claim limitation(s) is/are:
Claim 1 recites the limitation “elastic biasing means configured to exert an elastic action on the at least one arm to return it in position” (lines 17-18) but does not recite sufficient structure, material, or acts for performing the claimed function.
The corresponding structure described in the specification as performing the claimed function, and equivalents thereof, to which this limitation is being interpreted to require is a rod secured to the arm and a leaf spring secured to the balance spring as recited in paragraph [0023] of the specification.
Claim 2 recites the limitation “elastic biasing means configured to exert an elastic action on the second arm to return it in position” but does not recite sufficient structure, material, or acts for performing the claimed function.
The corresponding structure described in the specification as performing the claimed function, and equivalents thereof, to which this limitation is being interpreted to require is a rod secured to the arm and a leaf spring secured to the balance spring as recited in paragraph [0023] of the specification.
112(f) invoked despite absence of “Means”
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.
The claim limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Such claim limitation(s) is/are:
Claim 1 recites the limitation “a damping device arranged to cooperate with the inertia block via the gearwheel and limit the modification of the active length of the spiral in the event of a sudden acceleration or deceleration” (lines 27-31) which includes the non-structural term “damping device” modified by functional language (equivalent to a device for damping, with damping being the functional language) but does not recite sufficient structure, material, or acts for performing the claimed function.
The corresponding structure described in the specification as performing the claimed function, and equivalents thereof, to which this limitation is being interpreted to require is an air damper comprising a body with a cavity in which a mass with a shape similar to that of the cavity rotates about an axis as recited by paragraph [0034] of the specification.
112(f) not invoked despite presence of “Means”
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
Such claim limitation(s) is/are:
Claim 1 recites the limitation “means for modifying the active length of the spiral” (lines 8-9) and recites sufficient structure, materials, or acts to entirely perform the recited function are provided by the limitations that follow.
Claim 1 recites the limitation “damping means” (line 26) and sufficient structure, materials, or acts to entirely perform the recited function are provided in the limitation “a gearwheel coaxial with the inertia block and mounted on the inertia block”.
Claim 8 recites the limitation “elastically deformable adjustment means” (line 3) and sufficient structure, materials, or acts to entirely perform the recited function are provided in the limitation “the adjustment means in the form of a spring leaf whose first end is secured to the arm and another end is free, the free end being arranged to be biased and adjust the length of the first arm” where “the adjustment means” is interpreted to refer to the elastically deformable adjustment means.
Claim 9 recites the limitation “elastically deformable adjustment means” (line 3) and sufficient structure, materials, or acts to entirely perform the recited function are provided in the limitation “the adjustment means in the form of a spring leaf whose first end is secured to the arm and another end is free, the free end being arranged to be biased and adjust the length of the first arm” where “the adjustment means” is interpreted to refer to the elastically deformable adjustment means.
Claim 10 recites the limitation “means for adjusting the elastic load” (lines 2-3) and sufficient structure, materials, or acts to entirely perform the recited function are provided in the limitation “the adjustment means being in the form of a screw, the screw passing through the free end and bearing against the arm” where “the adjustment means” is interpreted to refer to the means for adjusting the elastic load.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112(b)
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 1-18
Claim 1-18 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.
Regarding Claim 1, it recites the limitation “elastic biasing means configured to exert an elastic action on the at least one arm to return it in position;” and it is not clearly defined what “it” is referring to in this limitation, between the arm, the elastic biasing means, or the device for autonomous adjustment of the active length of the spiral. For purposes of examination, this limitation will be interpreted so that “it” refers to “the arm”.
Claims 2-18 depend from claim 1 and are rejected therein.
Regarding Claim 2, it recites the limitation “a rest position and a correction position of the device” and it is not clearly defined whether this references the same rest position and correction position as those introduced in claim 1. Proper use of antecedent basis or a distinction between the limitations is required. For examination purposes, claim 2 will be interpreted such that it reads “[[a]] the rest position and [[a]] the correction position of the device”.
Regarding Claim 2, it recites the limitation “elastic biasing means configured to exert an elastic action on the second arm to return it in position” and it is not clearly defined if this is the same elastic biasing means as those introduced in claim 1 or a separate limitation. For purposes of examination, this claim will be interpreted as reciting “the elastic biasing means being configured to exert an elastic action on the second arm to return it in position”.
Regarding Claim 4, it recites the limitation “the cams are radial cams with an external profile.” and there is insufficient antecedent basis for this limitation in the claim as there is only at least a first cam introduced. For purposes of examination this limitation will be interpreted as reciting “the at least one cam is a radial cam”.
Regarding Claim 5, it recites the limitation “the cams are radial cams are angularly offset“ and there is insufficient antecedent basis for this limitation in the claim as there is only a first cam introduced. Until a second cam is affirmatively introduced claim 5 is not patentable because its only limitation compares two elements not entirely claimed yet.
Regarding Claim 6, it recites the limitation “in contact with an arm” and “in contact with one of the arms” and it is not clearly defined whether “an arm” refers to the “at least one arm” introduced in claim 1” or is a new and separate limitation and further it is not defined that there are multiple arms and this must be established before “one of the arms’ can be claimed.
Regarding Claim 7, it recites the limitation “the cams are in permanent contact with the free end of each arm“ and there is both only at least one cam and at least one arm introduced and thus there is insufficient antecedent basis for the cams and the arms until it is affirmatively claimed that there is more than one of each.
Regarding Claim 8, it recites the limitation “the adjustment means being in the form of a spring leaf whose first end is secured to the arm and another end is free, the free end being arranged to be biased and adjust the length of the first arm” and because there are limitations for both an elastically deformable adjustment means (claim 8) and a device for autonomous adjustment of the active length of a spiral (claim 1) it is not clear which limitation is referred to by “the adjustment means”. For purposes of examination, claim 8 will be interpreted so that “the adjustment means” refers to the elastically deformable adjustment means.
Regarding Claim 9, it recites the limitation “the adjustment means being in the form of a spring leaf whose first end is secured to the arm and another end is free, the free end being arranged to be biased and adjust the length of the second arm” and because there are limitations for both an elastically deformable adjustment means (claim 9) and a device for autonomous adjustment of the active length of a spiral (claim 1) it is not clear which limitation is referred to by “the adjustment means”. For purposes of examination, claim 9 will be interpreted so that “the adjustment means” refers to the elastically deformable adjustment means.
Regarding Claim 10, it recites the limitation “the adjustment means being in the form of a screw, the screw passing through the free end and bearing against the arm” and because there are limitations for a means for adjusting the elastic load (claim 10), an elastically deformable adjustment means (claim 9), and a device for autonomous adjustment of the active length of a spiral (claim 1) it is not clear which limitation is referred to by “the adjustment means”. For purposes of examination, claim 10 will be interpreted so that “the adjustment means” refers to the means for adjusting the elastic load.
Regarding Claim 11, it recites the limitation “so that it slides” and it is not particularly clear what is referred to by “it” in this limitation. For purposes of examination, “it” will be interpreted as referring to the arm.
Regarding Claim 12, it recites the limitation “so that it passes” and it is not particularly clear what is referred to by “it” in this limitation. For purposes of examination, “it” will be interpreted as referring to the arm.
Regarding Claim 14, it recites the limitation “the device” and because there is both a device for autonomous adjustment of the active length of a spiral (claim 1) and a damping device (claim 1) it is not clear which limitation is referred to by “the device”. For purposes of examination, claim 14 will be interpreted so that “the device” refers to the damping device.
Regarding Claim 15, it recites the limitation “the assembly forming a device for resetting the position of the first and second arms” and there is insufficient antecedent basis for “the assembly” and “the first and second arms” in this limitation and it is further unclear if “a device” is a new limitation or is the same device as the previously introduced device for autonomous adjustment of the active length of a spiral (claim 1) or damping device (claim 1). For purposes of examination this claim will be interpreted as reciting “the heart-shaped cam being arranged to cooperate with a spring, the heart-shaped cam and the spring forming an assembly for resetting the position of the first and second arms”.
Regarding Claim 16, it recites the limitation “wherein the third heart-shaped cam is superimposed on the cams“ and because there is only “at least one cam” introduced in addition to the third cam there is insufficient antecedent basis for “the cams” until it is affirmatively claimed that there is more than one cam (in addition to the third cam).
Allowable Subject Matter
Claims 1-18 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 1, prior art does not disclose, taken alone or in combination, a device for autonomous adjustment of the active length of a spiral, for oscillators of the balance-spiral type, according to claim 1.
The closest prior art is Bravo (US 20190187618 A1) which discloses a device for independent adjustment of the active length of a spiral, for a balance-spiral type oscillator, comprising a cock (12) mounted on a plate of a horological movement (2) and in which a balance shaft (7) pivots, the spiral (5) including an inner end secured to the balance shaft and an outer end secured to a balance spring stud (8) fastened to a balance spring stud holder (10) [0024], the balance spring stud holder being pivotably mounted on the cock concentrically with the balance shaft [0024], and means for modifying the active length of the spiral (6), the device moving between a rest position and a correction position [0021-0022] [figs. 3-4] and the means for modifying the active length of the spiral including an inertia block (22) and a first cam (24), a pair of pins (19), a pivot arm (16), and a deformable arm (30).
Bravo does not disclose a rod secured to the arm and a leaf spring secured to the balance spring forming the elastic biasing means (required 112f interpretation), damping means comprising a gearwheel coaxial with the inertia block and mounted on the inertia block, and a damping device comprising an air damper comprising a body with a cavity in which a mass with a shape similar to that of the cavity rotates about an axis (required 35 U.S.C. 112f interpretation) arranged to cooperate with the inertia block via the gearwheel and limit the modification of the active length of the spiral in the event of a sudden acceleration or deceleration.
Additional prior art does not provide a reasonably obvious combination with Bravo or any other related prior art to meet all of the missing limitations required by claim 1 in a single device.
Regarding Claims 2-18, they depend from claim 1 and would be allowable therein if rewritten or amended 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.
Citation of Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hintze et al. (US 20060062088 A1) discloses a device for fine adjustment of a balance wheel/hairspring which includes, on the one hand, two screws respectively fixed in the balance cock and in the index to maneuver clamps by means of L-shaped rocking elements to fix the end of the balance spring and define its useful length, and on the other hand, a screw for immobilizing the index in a determined position, these three screws enabling a fine adjustment to be carried out.
Wiederrecht (EP 2980658 B1) discloses a device for assembling and adjusting a hairspring comprising a base, intended to be assembled to the balance bridge with an adjustable angular orientation and, comprising a substantially cylindrical bearing surface, of radius substantially equal to the radius of the end turn, and a bearing plate adjacent to the surface of support, the bearing surface and the support plate defining a service position of the terminal turn, a first arm extending from the base and carrying a locking member of the end turn arranged to maintain the latter bearing against the bearing surface.
Winkler et al. (US 20220091562 A1) discloses a horological resonator mechanism, including a structure and an anchoring unit from which is suspended at least one inertial element arranged to oscillate along a first degree of freedom in rotation RZ about a pivoting axis extending along a first direction Z, the inertial element being subjected to return forces exerted by a virtual pivot including a plurality of substantially longitudinal elastic strips, each fastened, at a first end to the anchoring unit, and at a second end to the inertial element.
Ito (JP 2016133312 A) discloses a hairspring adjustment mechanism includes: a regulator pin that is rotatable about a central axis of a balance with a hairspring and comes into contact with a hairspring of the balance with the hairspring; a first adjustment member that has a first assemblage part to which a tool is assembled and, with a rotating operation at a prescribed angle, rotates the regulator pin at a first pitch; and a second adjustment member that has a second assemblage part to which a tool is assembled and, with a rotating operation at a prescribed angle, rotates the regulator pin at a second pitch smaller than the first pitch.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN A JOHNSTON whose telephone number is (571)272-4353. The examiner can normally be reached Monday - Friday 10 a.m. - 7p.m. ET.
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/KEVIN ANDREW JOHNSTON/Examiner, Art Unit 2844
/REGIS J BETSCH/SPE, Art Unit 2844