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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-14 and 19-20) in the reply filed on 06/15/2026 is acknowledged. Claims 15-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claim 19 recites “bluk”. It appears this should be “bulk”.
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.
Claim 5 is 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 5 recites “an injection cavity”. Claim 4 already introduces “an injection cavity”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 1-2, 4, 6, 12 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rolland (CH716669A1) (text citations from the attached machine translation).
Claim 1
Rolland teaches a method for manufacturing a timepiece component (Figure 2, Item 10) comprising at least one first portion (14 and 15) comprising at least one functional flank (Figure 3 shows that Items 14 and 15 have a flank portion.), for transmitting energy to another component or dissipating energy from another component (Items 14 and 15 are a “bearing surface” and “shoulder” respectively, which bear against or receive/transmit energy.), and at least one second portion (13) comprising a guide surface (surface of the pivot (13)), the method comprising: carrying out a first micro-injection forming a blank of the timepiece component (Figure 1 / Line 81), the blank comprising the at least one first portion and the at least one functional flank and comprising a blank of the second portion (Figure 2), then carrying out a second machining of at least one part of the blank of the timepiece component (Line 185), the at least one part of the blank of the timepiece comprising the blank of the second portion for forming the second portion comprising the guide surface (Figure 4 shows “A” before machining and “B” after machining.), the second machining being implemented excluding the at least one first portion (Lines 180-185 teach that the functional zones (pivots) are machined during the machining. Lines 289-291 teach that the areas machined include “at least in part” and provides an optional list, which includes the pivots (13).), which remains unchanged during the second machining. (The list provided in Lines 289-291 indicates that not all of the alternatives (13, 14, 15, 16) are machined.)
Claim 2
Rolland teaches the method according to claim 1, further comprising a subsequent third tribofinishing, separate from the machining. (Lines 99-100 teach a termination step after the machining step. Lines 193-196 “The finishing step refers to finishing operations such as surface treatment, grinding, rolling, laser or mechanical-chemical polishing, tribofinishing or bulk polishing. The termination operations could also include an ion implantation operation.”
Claim 4
Rolland teaches the method according to claim 1, wherein the first micro-injection comprises injecting a material into an injection cavity of an injection mould (Figure 1), the material being a polymer, a composite, a metal or a technical ceramic. (Lines 197-204)
Claim 6
Rolland teaches the method according to claim 4, wherein the injection cavity of the injection mould comprises a shape (Figure 1) that makes it possible to simultaneously manufacture a plurality of blanks for a timepiece component (Figure 1 shows the mold (1a/1b) has a cavity that is shaped such that blanks of 13, 14, 15 and 16 are formed.), rigidly connected to each other by an intermediate support (The blanks of 13, 14, 15, and 16 are connected to each other during the molding process by the intermediate portions of the mold (1a/1b) containing the material.), and in that wherein the method comprises separating the plurality of blanks from the intermediate support after removal from the mould. (The molds (1a/1b), including the intermediate portions, are removed from the blanks after molding.)
Claim 12
Rolland teaches the method according to claim 1, wherein the timepiece component is a pinion integral with a shaft, or a shaft-mounted lever, or a shaft-mounted cam, or a balance staff provided with a notching. (Lines 79-80 “To this end, the first aspect of the present invention relates to a method of manufacturing a balance pivot shaft for a watch movement”. Lines 278-279 “a cavity or a hole (even blind) arranged in the axis of the balance to accommodate a pin for example”.)
Claim 19
Rolland teaches the method according to claim 2, wherein the third tribofinishing comprises a bluk polishing and/or implements abrasive particles and/or implements abrasive carriers. (Lines 193-196 “The finishing step refers to finishing operations such as surface treatment, grinding, rolling, laser or mechanical-chemical polishing, tribofinishing or bulk polishing. The termination operations could also include an ion implantation operation.”)
Claim 1, 7-8, 10, 13-14 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jacot (WO2022223478A1) (text citations from the attached machine translation).
Claim 1
Jacot teaches a method for manufacturing a timepiece component (Figure 1-2) comprising at least one first portion (portions outside of the pivot (2)) comprising at least one functional flank (Figure 2 shows potions of the first portion (portions excluding (2) have flanks.), for transmitting energy to another component or dissipating energy from another component (The portions excluding the pivot (2) are for the balance shaft that cooperates with a spiral balance.), and at least one second portion (2) comprising a guide surface (surface of the pivot (2)), the method comprising: carrying out a first micro-injection forming a blank of the timepiece component (Line 210), the blank comprising the at least one first portion and the at least one functional flank and comprising a blank of the second portion (Figure 2), then carrying out a second machining of at least one part of the blank of the timepiece component (Line 222-224, step (b)), the at least one part of the blank of the timepiece comprising the blank of the second portion for forming the second portion comprising the guide surface (Lines 222-224, step (b).), the second machining being implemented excluding the at least one first portion (Lines 222-224 steach a step of machining the pivot.), which remains unchanged during the second machining. (A step of machining the pivot does not include machining of the “first portion”.)
Claim 7
Jacot teaches the method according to claim 1, wherein the second machining comprises a second laser machining comprising a phase of turning about an axis of rotation corresponding to an axis of the blank, during which a laser beam is moved with respect to the axis of rotation. (Line 239 “femto laser turning”; Line 253 “oscillation of the laser added to its primary movement with respect to the axis blank”.)
Claim 8
Jacot teaches the method according to claim 1, wherein the second machining comprises a second laser machining (Line 239 “femto laser turning”), the laser of the second machining being a laser emitting an infrared laser beam, or a green laser beam, or an ultraviolet laser beam, or a blue laser beam. (Lines 242-243 “a laser of wavelengths comprised for example between 200 nm and 2000 nm, preferably between 400 nm and 1000 nm, limits included.” The range includes at least infrared (IR, wavelength 1030 nm), green (wavelength 515 nm), blue (wavelength 400-500nm) and ultraviolet (UV, wavelength 343 nm).)
Claim 10
Jacot teaches the method according to claim 1, wherein the second machining comprises a second laser machining (Line 239 “femto laser turning”),, the laser of the second machining producing a guide surface having a roughness Ra less than or equal to 50 nm. (Lines 254-258 “at the end of step b), at least one pivot in finished metallic glass which has a uniform roughness Ra less than or equal to 50 nm ± 20%, preferably less than or equal to 25 nm, preferably less than or equal to 20 nm, preferably less than or equal to 15 nm, and preferably less than or equal to 12 nm, more preferably less than or equal to 10 nm, and more preferably between 5 nm and 9 nm, terminals included.)
Claim 13
Jacot teaches the method according to claim 1, wherein the functional flank of the first portion is configured to transmit movement or torque. (The bearing surfaces of the balance shaft are for cooperating with a spiral balance (Line 37) which is part of an oscillator assembly of a watch / timepiece. An oscillator is a moving part of the timepiece. Alternatively, Line 252 teach that the assembly is rotated during machining. This is a movement or torque transmitted to the portions of the shaft.)
Claim 14
Jacot teaches the method according to claim 1, wherein the guide surface of the second portion comprises a surface of a pivot of the timepiece component and/or at least one section having a diameter less than or equal to 200 μm. (Lines 135-136 “The pivot 2 has an outside diameter less than or equal to 200 μm, preferably less than or equal to 100 μm, preferentially less than or equal to 90 μm, and more preferentially less than or equal to 70 μm.”)
Claim 20
Jacot teaches the method according to claim 1, wherein the second machining comprises a laser machining and a finishing carrying out polishing using the same laser, reconfigured, as used for the laser machining. (Lines 225-227 teach the machining step (b) includes a machining and finishing. Lines 252-254 teach “playing on” parameters of the laser machining during the final step (b).)
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jacot ‘479 (WO2022223479A1) (text citations from the attached machine translation).
Claim 1
Jacot ‘479 teaches a method for manufacturing a timepiece component (Figure 1) comprising at least one first portion (portions outside of the pivot (2)) comprising at least one functional flank (Figure 2 shows potions of the first portion (portions excluding (2) have flanks.), for transmitting energy to another component or dissipating energy from another component (The portions excluding the pivot (2) are for the balance shaft that cooperates with a spiral balance (Line 162).), and at least one second portion (2) comprising a guide surface (surface of the pivot (2)), the method comprising: carrying out a first micro-injection forming a blank of the timepiece component (Line 222), the blank comprising the at least one first portion and the at least one functional flank and comprising a blank of the second portion (Figure 1-2), then carrying out a second machining of at least one part of the blank of the timepiece component (Line 234, step (b)), the at least one part of the blank of the timepiece comprising the blank of the second portion for forming the second portion comprising the guide surface (Lines 235-236, step (b).), the second machining being implemented excluding the at least one first portion (Lines 235-236 teach a step of machining the pivot, other areas are machined in other “steps”.), which remains unchanged during the second machining. (A step of machining the pivot does not include machining of the “first portion”.)
Claim 9
Jacot ‘479 teaches the method according to claim 1, wherein the first micro-injection produces the at least one functional flank having a surface roughness Ra less than or equal to 50 nm. (Lines 234-236 teach machining of the functional portions. Lines 185-187 “The other parts of the pivot axis 1, different from the functional portions, may have a roughness greater than or equal to that of the functional portions, for example a roughness Ra of the order of 50 nm to 200 nm.”. These two teachings indicate that the roughness of 50nm is achieved without the machining step, which leaves only the injection molding step. Alternatively, Line 222 teaches injection molding of the blank. This produces the at least one functional flank that eventually has the surface roughness as claimed.)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Rolland (CH716669A1) (text citations from the attached machine translation), as applied in Claim 1, further in view of Cunto (US20200326656A1).
Claim 3
Rolland teaches the method according to claim 2, wherein the third tribofinishing step has a duration.
Rolland does not disclose the duration is less than or equal to 15 hours, so as to obtain a roughness Ra of the guide surface of less than 15 nm.
However, Cunto teaches the duration is less than or equal to 15 hours, so as to obtain a roughness Ra of the guide surface of less than 15 nm. (¶0080)
One of ordinary skill would have been motivated to apply the known tribofinishing parameters of Cunto to the method of Rolland based on ¶0089 of Cunto “Compared to the prior art, which involves using cutting tools, the use of a femtosecond laser beam (green or UV) gives a time saving and optimization of the properties of the final component”.
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known known tribofinishing parameters of Cunto to the method of Rolland because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
The predictable result is the tribofinishing step of Rolland will at least partially include parameters from Cunto.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Rolland (CH716669A1) (text citations from the attached machine translation), as applied in Claim 4, further in view of Ulrich (DE102008059719A1) (text citations from the attached machine translation).
Claim 5
Rolland teaches the method according to claim 4, wherein the injection mould (1) comprises an injection cavity (Figure 1) the injection cavity comprising a cut-out adapted to form the at least one functional flank of the first portion and/or to form the blank of the second portion. (Figure 1)
Rolland does not disclose the cavity is at least partially made from a material comprising nickel Ni or nickel phosphorous NiP.
However, Ulrich teaches a mold (2, 3) that is at least partially made from a material comprising nickel Ni or nickel phosphorous NiP. (Lines 53-55)
One of ordinary skill would have been motivated to apply the known nickel mold material of Ulrich to the mold of Rolland in order to use a material that can be finely profiled to produce structures and surface with very high quality (See Ulrich Lines 54-55)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known nickel mold material of Ulrich to the mold of Rolland because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
The predictable result is the mold cavity of Rolland will at least partially include a nickel material.
Allowable Subject Matter
Claim 11 is 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art found during the search and consideration period for the application does not teach or obviate the limitations of Claims 1 and 11 in combination.
Claim 11 requires: method according to claim 1, wherein the second machining comprises gripping the blank for a timepiece component using a grip part, arranged at one end of the blank for a timepiece component, a length of the grip part being greater than a length of the timepiece component to be manufactured, in order to hold the blank for a timepiece component during machining, and wherein the second machining comprises a final parting-off of the grip part in order to remove the grip part and obtain the blank for a timepiece component having a length equal or substantially equal to the length of the timepiece component to be manufactured.
The prior art teaches laser machining steps of a timepiece component (See WO2022223478A1 (Line 222-224, step (b)); WO2022223479A1 (Line 234, step (b)); US20210255588A1 (Figure 1); US20200326656A1 (¶0065) but fails to teach or obviate the exact dimensions as presented in Claim 11 due to the drawings not being shown to scale and a lack of dimensions provided in the prior art specifications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the PTO-892 Form.
Document
Date
Description of Relevant Subject Matter
CH716669A1
2021-04-15
Figure 1 shows an injection mold (1) for forming a timepiece component. There is a secondary machining step, and tertiary tribo-finishing step. The mold has injection ports (2) into a cavity.
US20200326656A1
2020-10-15
¶0077 teaches a tribofinishing step in the form of a bulk polishing. The step takes less than 10 hours. ¶0080 teaches the final roughness is 10 to 15 nm.
US20210255588A1
2021-02-09
Figure 1 teaches a method of forming a timepiece part that includes functional flanks. The method includes laser machining steps after the blank forming step.
US20170357213A1
2017-06-09
Figure 1 shows a bearing shaft of a timepiece interacts with a balance oscillator (8) such that the bearing parts of the shaft are exposed to and transmit force/motion.
US20220009138A1
2021-07-23
Figure 6 teaches a mold for injection molding that includes a coating layer (88) that is made from nickel (¶0081). The purpose of the coating is to facilitate removal of the product after curing.
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726
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