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 Objections
Claims 1-6, 9-14, 17 and 20 are objected to because of the following informalities:
Claim 1, line 6, lacks antecedent basis for "the operating position." Further, being in an operation would appear to contradict line 1 which states that the assembly is only intended for being there. If the claim is directed towards the assembly actually being equipped it more than “intended”. The use of the term “intended” in the claims is misleading.
Claim 1, line 8, “the said” is redundant.
Claim 1, line 11, “the torque” lacks antecedent basis.
Claim 2, line 3, lacks antecedent basis for “the service position”.
Claim 3, lines 2-3, lacks antecedent basis for “the connection thus formed”.
Claim 4, lines 5-6, lacks antecedent basis for “the displacement”.
Claim 5, line 3, lacks antecedent basis for “the connection thus formed”.
Claim 5, line 4, lacks antecedent basis for “the service position”.
Claim 6, line 4, lacks antecedent basis for “the ball-and socket type”.
Claim 9, line 4, lacks antecedent basis for “the service position”.
Claim 9, line 5, lacks antecedent basis for “the torque” and “the elastic means”.
Claim 9, lines 7-8, lacks antecedent basis for “said at least three point bearing areas”.
Claim 10, lines 3-4, lacks antecedent basis for “the service position”.
Claim 10, lines 5-6, lacks antecedent basis for “the torque” and “the elastic means”.
Claim 10, line 7, lacks antecedent basis for “the contact”. Further, “the said” is redundant.
Claim 11, line 4, “the said” is redundant.
Claim 11, line 5, lacks antecedent basis for “the service position”.
Claim 12, line 3, it appears that “the other of the elastic element” should be “the other of the first end of the elastic element”.
Claim 13, line 2, lacks antecedent basis for “the one end”. It appears that “the one end” should be “the first end”.
Claim 13, line 4, It appears that “the other of the elastic element” should be “the other of the first end of the elastic element”.
Claim 14, lines 2-3, lacks antecedent basis for “the elastic means”.
Claim 17, line 3, lacks antecedent basis for “the ball-and socket type”.
Claim 20, line 5, lacks antecedent basis for “the torque” and “the elastic means”.
Claim 20, lines 6-7, lacks antecedent basis for “said at least three point bearing areas”.
Appropriate corrections are required.
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 1-5, 7-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zaugg, US 2010/0110840.
Regarding claim 1, Zaugg discloses an assembly intended to equip a timepiece mechanism and comprising at least one elastic element (67, figures 7 and 8) and at least one first and one second timepiece components (61 and 63, fig 8), the elastic element comprising a first end (73) intended to cooperate with the first component (61) and a second end (75) intended to cooperate with the second component (63) and the elastic element exerting, in the operating position of the assembly, a stress on the first and second timepiece components which tends to displace one of the said timepiece components with respect to the other (the components would separate otherwise), wherein the first component, the elastic element and the first end are shaped so that, in the operating position of the assembly, the torque exerted by the elastic element on the first component and the second component keeps the first end of the elastic element in abutment on the first component at at least three first point bearing zones (70, 72, 80, 82, see [0064]) arranged to eliminate at least two degrees of freedom (rotation and translation in a horizontal direction) of movement between the first end of the elastic element and the first component.
Regarding claim 2, Zaugg discloses the second end of the elastic element are shaped so that, in the service position of the assembly, the torque exerted by the elastic element on the first component and the second component maintains the second end of the elastic element in abutment on the second component at at least three distinct second bearing points (74, 76 and 84) arranged to eliminate at least two degrees of freedom of movement between the second end of the elastic element and the second component.
Regarding claim 3, Zaugg discloses the assembly is arranged so that the connection thus formed between the elastic element and the second component in the service position is isostatic (Figure 8).
Regarding claim 4, Zaugg discloses an assembly intended to equip a timepiece mechanism and comprising at least one elastic element (67) and at least a first and a second timepiece component (61 and 63), the elastic element comprising a first end (73) intended to cooperate with the first component and a second end (75) intended to cooperate with the second component for the displacement of one of the components with respect to the other, the assembly further comprising elastic means (81, 83 also see [0059]-[0063]) arranged to cooperate with the elastic element to hold the first end of the elastic element in abutment on the first component in at least three first point contact zones (72, 80, 82) arranged to eliminate at least two degrees of freedom (rotation and translation in a horizontal direction) of movement between the first end of the elastic element and the first component.
Regarding claim 5, Zaugg discloses the connection thus formed between the elastic element and the first component in the service position is isostatic (Fig 8).
Regarding claim 7, Zaugg discloses the first component and/or the second component are mobile or fixed components (Fig 8).
Regarding claim 8, Zaugg discloses the first component is a mobile component and the second component is a fixed component (61, 63 are mobile when not locked and fixed when locked).
Regarding claim 9, Zaugg discloses one of the first component and the first end of the elastic element comprises two abutments while the other has a particular first shape such that in the service position of the assembly, the torque exerted by the elastic element on the first component and the second component or the torque exerted by the elastic means on the elastic element maintains the first shape in contact against the abutments, said contact being over said at least three point bearing areas (Fig 8).
Regarding claim 10, Zaugg discloses the first component has a shape and the first end of the elastic element has a corresponding counter-shape so that, in the service position of the assembly, the torque exerted by the elastic element on the first component and the second component or the torque exerted by the elastic means on the elastic element maintains the shape in abutment in the counter-shape, the contact between the shape and the counter-shape taking place on the said at least three point bearing zones (Fig 8).
Regarding claim 11, Zaugg discloses the first end of the elastic element and/or the first component are further arranged to eliminate a third degree of freedom (axial) of movement between the said elastic element and the first component in the service position.
Regarding claim 12, Zaugg discloses the first end of the elastic element or the first component comprises a groove (hollow 68 or 92) in which a portion of the other of the elastic element or the first component is received.
Regarding claim 13, Zaugg discloses one of the one end of the elastic element or the first component comprises a shoulder (see shoulders 85, 87) arranged to overlie in the operative position a portion of the other of the elastic element or the first component.
Regarding claim 14, Zaugg discloses the elastic element and/or the elastic means are made of metal, fragile materials or silicon [0052], oxidised silicon, glass, sapphire or ceramic.
Regarding claim 15, Zaugg discloses a timepiece comprising an assembly according to claim 1.
Regarding claim 16, Zaugg discloses the assembly is arranged so that the connection thus formed between the elastic element and the first component in the service position is isostatic (Fig 8).
Regarding claim 18, Zaugg discloses the first component and/or the second component are mobile or fixed components.
Regarding claim 19, Zaugg discloses the first component is a mobile component and the second component is a fixed component (61, 63 are mobile when not locked and fixed when locked).
Regarding claim 20, Zaugg discloses one of the first component and the first end of the elastic element comprises two abutments while the other has a particular first shape such that in the service position of the assembly, the torque exerted by the elastic element on the first component and the second component or the torque exerted by the elastic means on the elastic element maintains the first shape in contact against the abutments, said contact being over said at least three point bearing areas (Fig 8).
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 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zaugg in view of Stranczl, US 2016/0147197.
Regarding claims 6 and 17, Zaugg does not explicitly disclose the second end of the elastic element is rigidly fixed to the second component by means of a screw/pin connection, by being crimped into a tenon, of a joint of the ball-and-socket type or by being glued, brazed or integrally joined to the said second end.
Stranczl discloses a monolithic connection between the collet and balance spring [0003].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zaugg to integrally join the second end of the elastic element with the second component for the purpose of a more secure connection. This would have been well within the skill level of one in the art and since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
Response to Arguments
Applicant's arguments filed 3/17/26 have been fully considered but they are not persuasive.
Applicant argues Zaugg does not disclose that in the operation position of the assembly, the torque exerted by the elastic element on the first component and the second component keeps the first end of the elastic element in abutment on the first component at at least three first point bearing zones (Arguments page 3). Examiner disagrees and points to paragraph [0064] which details how the first (61) component is pushed into abutment at first point bearing zones 70, 72, 80, 82.
Applicant argues that the hairspring coil does not create or maintain the claimed torque at three first point bearing zones (Arguments page 4). This argument is not relevant because the rejection does not allege nor does the claim require a hairspring coil create or maintain a torque at three first point bearing zones. Instead, the elastic element 67 pushes the first and second components into abutment at three first point bearing zones.
Applicant argues the elastic part of the fastener in Zaugg is for clamping, not for displacing one component relative to the other during service (Arguments page 4). This argument is not persuasive because the alleged “clamping force” reads on the claimed exerted stress which tends to displace one with respect to the other. Clamping forces will move (displace) the components relative to each other as described in [0064] “Consequently, contact 80 of first arm 81 pushes the end 61 of terminal curve 57 against stop member 70 of end 77 of main body 69. Moreover, contact 84 of second arm 83 pushes the end 63 of outer coil 65 of hairspring 53 against stop member 74 of end 71 of main body 69. Thus, fastener 67 also grips each of ends 61, 63 along the height thereof.” Without the elastic element 67 exerting a stress on these components they would tend to separate. The “separate fastener” applicant argues IS the elastic element 67, therefore the “torque exerted by the elastic element is the force that keeps the first end… in abutment” performs the primary operational displacement.
Regarding claim 4, applicant states that The Office asserts the fastener 67 corresponds to the elastic means and that the hairspring 53 is the elastic element (Arguments page 5). This is not correct. Applicant has misconstrued Examiner’s position laid out in the action. The claimed elastic element is the fastener 67, the claimed elastic means are arms 81, 83 which cooperate with main body 69 to lock first and second components 61, 63 (i.e. the ends of the hairspring 53) in abutment at at least three first point bearing zones. Applicant’s interpretation of the rejection that the hairspring was the elastic element is misguided and incorrect. The hairspring is the timepiece component, therefore arguments that Zaugg does not disclose this cooperative arrangement are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a separate elastic means) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant has not claimed the elastic means are separate from the elastic element.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/JASON M COLLINS/ Examiner, Art Unit 2831
/renee s luebke/ Supervisory Patent Examiner
Art Unit 2831
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