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 1-11) in the reply filed on 06/30/2026) is acknowledged. Claims 12-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 Interpretation
The claims recite “construction topographic data”. This is interpreted as referring to “topographic data for constructing” as recited in Claim 1.
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 1-11 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.
Claim 1 recites “a landscape, in particular a topographic map of a landscape”. The use of “in particular” renders the claim unclear as to what is required by the claim.
Claim 3 recites “the essential shape”. There is insufficient antecedent basis for this limitation.
Claim 3 recites “the dimensions”. There is insufficient antecedent basis for this limitation.
Claim 3 recites “the nature”. There is insufficient antecedent basis for this limitation.
Claim 3 recites “the material”. There is insufficient antecedent basis for this limitation.
Claim 3 recites “the substrate”. There is insufficient antecedent basis for this limitation.
Claim 4 recites “the dimensions”. There is insufficient antecedent basis for this limitation.
Claim 4 recites “the values”. There is insufficient antecedent basis for this limitation.
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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Raillard (US20200338809A1).
Claim 1
Raillard teaches a method for manufacturing a dial (2)(¶0011) of a watch (1) including a visible face (11) (upper surface f dial) having a small surface (The term of degree “small” is not defined by the claim. Since the prior art teaches a watch, it is interpreted that the visible face in Raillard is a small face as claimed.), said face (11) comprising a three-dimensional representation (3) of a landscape (The term “landscape” does not specifically convey a particular shape/structure/image as many different images can be considered a “landscape”. Figure 9 shows an applique/element (30) showing nature related themes that can be considered a landscape as claimed.), in particular a topographic map of the landscape (This alternative is not selected for the rejection.), the method comprising the following steps of: producing (20) a blank (12) (10/20) of the dial (2) comprising an upper face (13) provided with a three-dimensional structure (5) relating to said three-dimensional representation (3) of the landscape (Figure 5a), said production step (20) comprising a sub-step (22) of generating topographic data for constructing said three-dimensional structure (5) in the upper face (13) (¶0046 teaches the use of a digital graphical representation that is reproduced by the control unit and computer program. A digital graphical representation is topographic data. See also ¶0061 (descriptive data).); treating (29) a surface (14) of the three-dimensional structure (5) of the upper face (13) of the blank (12) during which at least one visual feature of the surface (14) is modified in anticipation of obtaining the three-dimensional representation (3) (¶0087 “treating said layer of particles comprises a sub-phase of fixing said layer of particles onto the support element.”); finishing (35) the blank (12) to obtain the dial (2). (¶0099)
Claim 2
Raillard teaches the method according to claim 1, wherein the generation sub-step (22) comprises a phase (24) of obtaining said construction topographic data by processing raw topographic data relating to said landscape (¶0060 teaches the control unit executes a modeling step based on a received three dimensional digital image.), which processing operation is performed by a topographic construction data generation algorithm executed by a controller of a system for generating such data. (¶0060-0061 teach that the control unit executes a software program to process a digital graphical representation (9a) and determine descriptive data (9b) based on the representation.)
Claim 3
Raillard teaches the method according to claim 1, wherein the generation sub-step (22) comprises a phase (24) of obtaining said construction topographic data (9a/9b) implementing computations for determining the topographic construction data as a function of the dimensions of the surface of the upper face (13) of the blank (12) (¶0061 teaches the data is used to select the movements of the printing member (6) relative to the assembly area. The assembly area is the dimensions of the surface of the upper face.), of the essential shape of the surface (¶0061 teaches the data is used to select the movements of the printing member (6) relative to the assembly area. The assembly area is the shape of the surface of the upper face.), of the nature of the material of the substrate (¶0064-0067 teach the processing includes determining physical characteristics of the dial (11).) constituting the blank (12) and of visual features (¶0061 teaches the data is used to select the material (ink) used.) perceived by an observer, of the three-dimensional structure (5) of the upper face (13) constituting the three-dimensional representation (3) of said landscape. (¶0061 teaches the control unit receives/uses a digital graphical representation (9a) to determine the material used for the element (30).)
Claim 4
Raillard teaches the method according to claim 1, wherein said obtaining phase (24) implements an operation for modifying the values of the raw topographic data, giving rise to a variation in the dimensions of different zones (6 a, 6 b, 6 c) of the structure (5), namely flat (6 a), raised (6 b) and/or recessed (6 c) zones. (¶0061-0063 teaches the data from the file is converted to information regarding specific layers. Figure 9 shows different portions of the landscape have different dimensions including flat, recessed and raised zones.)
Claim 5
Raillard teaches the method according to claim 1, wherein the production step (20) comprises a sub-step (26) of producing the three-dimensional structure (5) in the upper face (13) of the blank (12) (Figure 9 shows the element (30) is a three dimensional structure on the upper face of the blank.), said sub-step (26) comprising a phase (28) for patterning the upper face (13) of the blank (12) on the basis of the topographic construction data obtained. (¶0061 teaches the data from the data (9a) is used to determine where the print head moves (to form a pattern / layer).)
Claim 6
Raillard teaches the method according to claim 1, wherein the treatment step (29) comprises a sub-step (30) of modifying the surface condition (14) of all or part of the three-dimensional structure (5). (¶0087 teaches a treatment step where the layer (surface) of the three dimensional structure (30) is modified by hot airflow, UV radiation or infrared radiation. This modifies the surface characteristics of the layer.)
Claim 7
Raillard teaches the method according to claim 1, wherein the treatment step (29) comprises a sub-step (31) of depositing a coating (7) on the surface (14) of all or part of the three-dimensional structure (5). (¶0087 teaches the application phase (47) where a layer of particles is applied to the assembly area.)
Claim 8
Raillard teaches the method according to claim 1 further comprising a step (32) of creating at least one pattern (4) on the treated surface (14) of the three-dimensional structure (5). (¶0089 teaches a second layer of material is applied on top of the treated first layer. This is another layer of the pattern that forms the image/element (30).)
Claim 9
Raillard teaches the method according to claim 1 further comprising a step (34) of encapsulating all or part of the surface (14) of the three-dimensional structure (5). (¶0098 teaches the deposition of ink onto the entire dial after the element (30) is produced.)
Claim 10
Raillard teaches the method according to claim 1, wherein said reproduced landscape is a real landscape and/or an existing landscape. (¶0046 teaches the control unit (2) creates the pattern based on a “real” photograph or image. The landscape shown in Figure 9 is therefore interpreted as a “real” landscape. The landscape as shown in Figure 9 can also be considered “real” or “existing” as it exists after printing/forming.)
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Raillard (US20200338809A1).
Claim 11
Raillard teaches the method according to claim 1, wherein the small surface has an area (Assembly surface) and that the surface is for a dial face for a watch. (¶0010)
Raillard does not explicitly disclose the surface area of said small surface is between 700 and 1700 mm2.
However, at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to size the surface of Raillard with the claimed size because applicant has not disclosed that having the size provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Raillard’s surface, and applicant’s invention, to perform equally well with either the size taught by Raillard or the claimed size because both sizes would perform the same function of providing a surface for forming the three dimensional pattern/element thereon.
Therefore it would have been prima facie obvious to modify Raillard to obtain the invention as specified in Claim 11 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Raillard.
See also MPEP 2144.04, subsection IV. A. – change in size or proportion.
See also MPEP 2144.04, subsection IV. B. – change in shape.
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
(EFD)
Description of Relevant Subject Matter
US20160266551A1
2016-03-11
Figure 1 teaches pad printing of a structure onto a dial surface.
¶0027-0033 teach various methods of treating the surface of the dial.
The dial is finished after the step E20 is completed.
CH713871A1
2019-01-31
Figure 1 teaches a dial face having graphic elements (31, 32, 33) formed thereon in three dimensions.
Figure 2 shows a step of providing a blank having a three dimensional structure (10) formed thereon.
Figures 3-4 show treating the surface using a laser (6) to refine the three dimensional structure(s).
US20120244326A1
2012-03-23
Figure 5 shows a blank for a dial face. Figures 6-7 show providing three dimensional structures on the dial face blank. Figure 8 shows a modification of the three dimensional features. ¶0022 teaches a final coating to add reflection characteristics to the enamel layers.
US20240241479A1
2023-01-18
Figure 3 shows the steps of: providing a dial face blank (10) having a three dimensional representation formed thereon. The representation is formed by laser processing (¶0021). Figure 3 shows a second step of treating the surface with a PVD or CVD method (¶0023). Figure 3 shows a third step of applying a coating (¶0029) to the surface.
US20200338809A1
2018-11-30
Figures 4-5A teach a production of a dial blank (10/20) having a three dimensional structure formed thereon.
There are multiple printing layers/steps that qualify as the claimed “treating” step.
¶0098 teaches a finishing coating step.
US20130051196A1
2011-08-25
¶0014-0015 teaches the use of a decorative layer to form a complex topographical map on the surface of a dial.
US20210405586A1
2021-06-29
Figures 5-6 depict a method that includes a blank (3), forming a three dimensional structure on the blank using laser machining (second part of Figure 5, S2), treating the surface (third part of Figure 5, S3); applying a coating (64) onto the three dimensional structures (Figure 6, S4).
¶0024 teaches the mark (7) that is formed can be a scene (landscape) or a geographical feature (landscape).
US20030210291A1
2003-06-19
Figures 2(a)-2(d) show a method of forming a pattern on a dial that is a three dimensional pattern.
CH566037A5
1975-08-29
Figure 1-2 teach a landscape/topographic map as the background of a clock face.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael W Hotchkiss whose telephone number is (571)272-3854. The examiner can normally be reached Monday-Friday from 0800-1600.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726
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