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 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 16, 23, 24, 31, [17, 19, 22, 26, 28, 30, 33, 34, 35, 37, 40, 41; 25, 38, 43] 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 16, the phrase " preferably " renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05.
Claims 23 and 24 use the phrase “the latter”. The use of the phrase the latter is unclear as to what the latter refers. Whenever possible applicant should use the proper names.
Claim 31 the phrase “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05.
Claims 17, 19, 22, 24, 26, 28, 30, 33, 34, 35, 37, 40, 41 depend from claim 16. These claims are rejected on the basis of their dependency.
Claims 25, 38, 43 depend from claim 23. These claims are rejected on the basis of their dependency.
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.
Claim(s) 14-19, 27, 28, 31-35, 39-41 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Mojon CH 701653.
With regard to claim 14 Mojon discloses a display mechanism for a timepiece movement (abstract and figures) comprising a plate defining a general plane (no reference numeral figure 3), the display mechanism (2) comprising a support (no reference numeral, the edge portion supporting the rotating elements in rotation; and/or the two fixed crowns 100, 101), intended to be assembled at least indirectly on the plate (figure 3), and on which is rotatably mounted a display member bearing at least one display surface bearing at last one item of information to be displayed (figure 7), associated with a predefined instant or a predefined event, said display surface (20) being intended to be rotated between at least first and second different positions about the axis of rotation of said display member, (figures 3, 7) so that it is situated substantially in a plane parallel to the general plane in said first position (figures 3, 7), at said predefined instant or when said predefined event occurs (indicates time values figures 6 and 7), so as to define a reading position of said information (figures 6, 7), in which the conditions for the reading of the information by a user are optimal (figures 5-7), the conditions for reading said information being degraded when said display surface is in said at least second position (figures 1-3, 6-7),
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said support being arranged so that said axis of rotation is oriented so as to have an inclination of between 10 and 80 degrees with reference to the general plane (figure 5), the display mechanism comprising an additional display member, oriented to pivot about an additional axis of rotation having an inclination of between 10 and 80 degrees with reference to the general plane (figure 5),
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and bearing at least one additional display surface intended to be rotated between at least two different positions about said additional axis of rotation (figures 1-7; around the center of the display and around the rotational center of each subpart.), so that it is situated substantially in a plane parallel to the general plane in one of its positions so as to define a reading position (figures 1-7) therein, wherein said additional axis of rotation is substantially parallel to said axis of rotation, and is arranged so that the reading position of said additional display surface is adjacent to the reading position of said display surface (figures 1-7).
With regard to claim 15 Mojon discloses the display mechanism of claim 14, further arranged so that said at least one display surface is situated in a plane secant to the general plane at least in said second position (figure 5).
With regard to claim 16 Mojon discloses the display mechanism of claim 14, wherein said display member bears at least two, preferably up to twelve, display surfaces (figures 3, 6)
With regard to claim 17 Mojon discloses the display mechanism of claim 16, wherein said display surfaces are evenly distributed about said axis of rotation and arranged substantially about a conical frustum (figures 3, 5).
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With regard to claim 18 Mojon discloses the display mechanism of claim 14, wherein said display member bears a first toothed plate arranged about the axis of rotation and engaged with a second, driving, toothed plate oriented so that it is contained in a plane substantially parallel to the general plane, said second toothed plate having a kinematic link with a driving wheel intended to be driven by the timepiece movement or under the effect of a predefined action by a user on a control member (figures 2, 3)
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With regard to claim 19 Mojon discloses the display mechanism of claim 16, wherein said display member bears a first toothed plate arranged about the axis of rotation and engaged with a second, driving, toothed plate oriented so that it is contained in a plane substantially parallel to the general plane, said second toothed plate having a kinematic link with a driving wheel intended to be driven by the timepiece movement or under the effect of a predefined action by a user on a control member (figures 3, 4, 5)
With regard to 27 Mojon discloses the display mechanism of claim 14, wherein said additional axis of rotation is separate from said axis of rotation, the display mechanism comprising an additional support intended to be assembled at least indirectly on the plate and on which the additional display member is rotatably mounted (figures 2, 3; the axis are clearly different.)
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With regard to claim 28 Mojon discloses the display mechanism of claim 16, wherein said additional axis of rotation is separate from said axis of rotation, the display mechanism comprising an additional support intended to be assembled at least indirectly on the plate and on which the additional display member is rotatably mounted (figures 2, 3)
With regard to claim 31 Mojon discloses the display mechanism of claim 14, wherein said additional display member bears at least two, preferably up to twelve, additional display surfaces (figure 3).
With regard to claim 32 Mojon discloses a timepiece movement comprising a plate supporting the display mechanism according to claim 14 (title, figures 1-3).
With regard to claim 33 Mojon discloses a timepiece movement comprising a plate supporting the display mechanism according to claim 16 (title, figures 1-3).
With regard to claim 34 Mojon discloses a timepiece movement comprising a plate supporting the display mechanism according to claim 17 (title, figures 1-3).
With regard to claim 35 Mojon discloses a timepiece movement comprising a plate supporting the display mechanism according to claim 19 (title, figures 1-3).
With regard to claim 39 Mojon discloses a timepiece comprising a timepiece movement comprising the display supporting a display mechanism according to claim 14 (title, figures 1-3).
With regard to claim 40 Mojon discloses a timepiece comprising a timepiece movement comprising a plate supporting the display mechanism according to claim 16 (title, figures 1-3).
With regard to claim 41 Mojon discloses a timepiece comprising a timepiece movement comprising a plate supporting the display mechanism according to claim 19 (title, figures 1-3).
Allowable Subject Matter
Claims 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 36, 37, 38, 42, 43 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. This statement pertains to the merits of 35 USC 102 and 103 only. 35 USC 112 rejections are not addressed herein.
Conclusion
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/SEAN KAYES/Patent Examiner, Art Unit 2844