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 .
Election/Restrictions
Claim 9-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/2/25.
Response to Amendment
The amendments to claims 1, 3-5, 7, and 9-13 are acknowledged. These amendments overcome the previous 35 U.S.C. 112(b) rejections of claims 3-8, and these rejections are accordingly withdrawn. The amendment to claim 4 clarifies the limitations previously included in the claim interpretation section and the claim interpretation previously provided is no longer required.
Response to Arguments
Applicant's arguments filed 3/16/26 have been fully considered but they are not persuasive. In view of the amendment to claim 1, it is clarified that the ratchet is comprised of elements 6 and 7 Calame. Forming a ratchet together, these components operate so that part 7 of the ratchet is deformable and disconnects from part 6 [0040-0045]. The input element of the ratchet (6) is disconnected and the ratchet is not able to rotate the gear train, thereby disconnecting the gear train from the ratchet. Part 7 of the ratchet is still physically attached to the gear train, but the ratchet is effectively disconnected from the gear train within the meaning a person having ordinary skill in the art would interpret this limitation to require.
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 1-3 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Calame et al. (US 20170269550 A1, hereinafter “Calame”).
Regarding Claim 1, Calame discloses a winding device of a barrel (2) provided with a spring (3), comprising a ratchet (6 and 7 together form a ratchet) integrally mounted on a rotary winding shaft (4) [claim 2], the rotary winding shaft being a winding shaft of the barrel [0045], the rotation of which winds the barrel [0045], and a winding gear train (201) meshing with the ratchet [0030], rotation of the winding gear train causing rotation of the ratchet and that of the rotary winding shaft by application of a torque to the ratchet [0039], wherein the ratchet is deformable (7) in order to be able to disconnect the ratchet from the winding gear train [0040, 0046, 0047] (6 and 7 are disconnected from each other, thereby disconnecting the winding gear train from the input of the ratchet).
Regarding Claim 2, Calame discloses the winding device according to claim 1, and further discloses wherein the ratchet comprises a first peripheral toothing [fig. 1] cooperating with a second toothing of the winding gear train [0030], when the torque applied to the ratchet is substantially less than a threshold value [0039-0040].
Regarding Claim 3, Calame discloses the winding device according to claim 2, and further discloses wherein the ratchet deforms when the torque applied to the ratchet substantially exceeds said threshold value [0040, 0046, 0047] such that the first peripheral toothing no longer cooperates with the second toothing [0079].
Regarding Claim 14, Calame discloses the winding device of claim 1, and further discloses wherein the ratchet is mounted integrally on the barrel [claim 2], the rotary winding shaft (4) being the winding shaft of the barrel enabling the spring of the barrel to be wound [0045].
Regarding Claim 15, Calame discloses the winding device of claim 1, and further discloses a horological movement (120) [0023] comprising the barrel and the winding device for the barrel according to claim 1.
Allowable Subject Matter
Claims 4-8 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.
Regarding Claim 4, prior art does not disclose, taken alone or in combination, a ratchet comprises a plurality of flexible pawls forming the first peripheral toothing of the ratchet, the flexible pawls meshing with the second toothing when the torque is less than the threshold value, which also meets the limitations that the second toothing are of the winding gear train and wherein the ratchet deforms when the torque applied to the ratchet substantially exceeds said threshold value such that the first peripheral toothing no longer cooperates with the second toothing.
Calame discloses the limitations of claims 1-3, but fails to disclose that the first teeth which must mesh with the second teeth of the winding gear train are also flexible pawls. Instead Calame provides for flexible pawls on an interior side of the ratchet which do not interact directly with the teeth of the winding train.
Related prior art such as Zaugg (WO 2014016087 A1), Zaugg (US 20130340552 A1), Klinger et al. (US 20130333504 A1), and Von Gunten (EP 2801868 A2) all disclose wheels for timepieces that include flexible teeth or a plurality of pawls very similar to the flexible pawls of claim 4. However, these pawls are used for reduction of backlash and for improved cooperation between sets of gear teeth and it is not disclosed that the teeth used with the winding shaft of the barrel or that when a torque applied substantially exceeds a threshold value the first set of teeth no longer cooperates with the second set of teeth. While similar in appearance, the flexible pawls and teeth of the analogous art does not disclose how the implementation of a similar component would operate with the barrel winding shaft presently claimed or how to implement such a component to disconnect with the operation of the ratchet. No additional prior art was found to provide sufficient disclosure that meets all of the limitations of claim 4 on its own or in combination with any of the closest analogous art.
Regarding Claims 5-8, they depend from claim 4 and would therefore be allowable therein.
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Luebke can be reached at (571) 272-2009. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN ANDREW JOHNSTON/Examiner, Art Unit 2831
/EDWIN A. LEON/Primary Examiner, Art Unit 2831
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