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 .
Response to Amendment
The amendments to claims 1, 6-11, and 15 and cancellation of claim 13 are acknowledged. These amendments overcome the previous 35 U.S.C. 112(a) rejection of claim 15 and the 35 U.S.C. 112(b) rejection of claim 8. These previous 35 U.S.C. 112(a) and 35 U.S.C. 112(b) rejections are withdrawn.
Response to Arguments
Applicant’s arguments, see Remarks, filed 5/22/26, with respect to the objection to the drawings have been fully considered and are persuasive. The previous drawing objection is withdrawn.
Applicant’s arguments with respect to the prior art rejection of claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 7 is objected to because of the following informalities:
Claim 7 recites the limitations “a said first indicator”, “a said first window”, “a said second indicator”, and “a said second window” and these limitations should not recite “a” and “said” together.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4 and 6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 4, it recites the limitation “wherein said coupling elements are arranged to produce a magnetic and/or mechanical alignment coupling.” This limitation is not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention following the amendment to claim 1 including the limitation “first coupling elements rigidly connected to the first display wheel set for rotation therewith and second coupling elements rigidly connected to the second display wheel set for rotation therewith”. Support for the first and second coupling elements being rigidly connected is found in paragraph [0021] of the specification and used to describe the embodiment of the application using ferromagnetic elements 15 and magnets 25 for the coupling elements. The alternative mechanical alignment coupling embodiment for the coupling elements is described in paragraph [0058] and shown in Fig. 16. In the only description provided for the mechanical alignment coupling embodiment it is not disclosed that the coupling elements are rigid and instead this embodiment comprises a resilient element. The specification only provides for the magnetic alignment coupling embodiment including the rigidly connected limitations required following the amendment to claim 1. The limitation “or mechanical alignment coupling” is therefore rejected for lack of written description due to the description of this embodiment not including the new limitations of claim 1 after amendment.
For purposes of examination claim 4 will be interpreted as only reciting “wherein said coupling elements are arranged to produce a magnetic alignment coupling”.
Regarding claim 6, it recites the limitation “wherein said coupling elements comprise, in order to ensure the indexing of said first display wheel set and said second display wheel set, which are coaxial with one another, at least two couplings arranged to produce a magnetic and/or mechanical alignment coupling”. This limitation is not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention following the amendment to claim 1 including the limitation “first coupling elements rigidly connected to the first display wheel set for rotation therewith and second coupling elements rigidly connected to the second display wheel set for rotation therewith”. Support for the first and second coupling elements being rigidly connected is found in paragraph [0021] of the specification and used to describe the embodiment of the application using ferromagnetic elements 15 and magnets 25 for the coupling elements. The alternative mechanical alignment coupling embodiment for the coupling elements is described in paragraph [0058] and shown in Fig. 16. In the only description provided for the mechanical alignment coupling embodiment it is not disclosed that the coupling elements are rigid and instead this embodiment comprises a resilient element. The specification only provides for the magnetic alignment coupling embodiment including the rigidly connected limitations required following the amendment to claim 1. The limitation “or mechanical alignment coupling” is therefore rejected for lack of written description due to the description of this embodiment not including the new limitations of claim 1 after amendment.
For purposes of examination claim 6 will be interpreted as only reciting “wherein said coupling elements comprise, in order to ensure the indexing of said first display wheel set and said second display wheel set, which are coaxial with one another, at least two couplings arranged to produce a magnetic alignment coupling”.
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, 4-5, 7-9, 11-12, and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zaugg (CH 713873 A2).
Regarding Claim 1, Zaugg discloses a horological display mechanism comprising at least first drive elements (31) [fig. 28] arranged to rotate a first display wheel set (units wheel 10 on right) through a first number of steps in order to display a first magnitude (tens) [0041], and second drive elements (32) [fig. 28] arranged to rotate a second display wheel set (tens wheel 10 on left) through a second number of steps in order to display a second magnitude (units) [0041], wherein the display mechanism comprises coupling elements including first coupling elements (70) rigidly connected to the first display wheel set for rotation therewith (magnet fixed to wheel) [fig. 28] and second coupling elements (71) rigidly connected to the second display wheel set for rotation therewith (ferromagnetic element fixed to wheel) [fig. 28],
wherein the first coupling elements and the second coupling elements are separate from said first drive elements and said second drive elements respectively [fig. 28], are coupled to each other [fig. 28] [0041], and are arranged to index said first display wheel set and said second display wheel set relative to each other, to ensure their alignment, in an alignment direction (A), in a display area comprised in the display mechanism [0041].
Regarding Claim 4, Zaugg discloses the display mechanism according to claim 1 and further discloses that said coupling elements are arranged to produce a magnetic alignment coupling [0041].
Regarding Claim 5, Zaugg discloses the display mechanism according to claim 1 and further discloses that said first display wheel set and said second display wheel set rotate coaxially [fig. 28].
Regarding Claim 7, Zaugg discloses the display mechanism according to claim 1 and further discloses that said first display wheel set comprises a first number of positions occupied by first indicators (units indicators 20) [0041] [fig. 28] or by first windows or by empty spaces, wherein said second display wheel set comprises a second number of positions occupied by second indicators (tens indicators 20) [0041] [fig. 28] or by second windows or by empty spaces,
wherein said display area is arranged to show the user, at a given moment, the juxtaposition in alignment, on said first display wheel set, of either a said first indicator for displaying the current value of said first magnitude on said first display wheel set or a said first window, and, on said second display wheel set, either a said second indicator for displaying the current value of said second magnitude or a said second window [fig. 28] (the juxtaposition of the tens next to the units shows the date).
Regarding Claim 8, Zaugg discloses the display mechanism according to claim 7 and further discloses that said first display wheel set and/or said second display wheel set comprises a plurality of said first indicators and/or second indicators respectively, which are identical to each other (tens indications and units indications both include the numbers 0-3 and these are identical indicators) [0041].
Regarding Claim 9, Zaugg discloses the display mechanism according to claim 7 and further discloses that said first display wheel set and said second display wheel set rotate coaxially [fig. 28],
wherein said first display wheel set and said second display wheel set are coaxial discs or rings, said first display wheel set carrying said first indicators over a first diameter and said second display wheel set carrying said second indicators over a second diameter that is different from said first diameter (units disk is smaller than tens disk) [fig. 28], and
wherein said first indicators and said second indicators are always spaced apart from one another [fig. 28].
Regarding Claim 11, Zaugg discloses the display mechanism according to claim 7 and further discloses that said first display wheel set and said second display wheel set are coaxial rollers [fig. 28], and wherein said first indicators and said second indicators are always spaced apart [fig. 28].
Regarding Claim 12, Zaugg discloses the display mechanism according to claim 7 and further discloses that said first display wheel set and said second display wheel set are coaxial rollers, and are at least partially overlapping in said display area [fig. 28] (from a side perspective the display wheels would overlap in the location where the display area is located, an orientation for the overlap or how it is viewed is not claimed).
Regarding Claim 16, Zaugg discloses the display mechanism according to claim 1 and further discloses a timepiece comprising at least one said display mechanism according to claim 1 [0001].
Regarding Claim 17, Zaugg discloses the timepiece according to claim 16, and further discloses that at least one said display mechanism is a calendar mechanism [0003].
Regarding Claim 18, Zaugg discloses the timepiece according to claim 16, and further discloses that said timepiece is a watch [0002].
Allowable Subject Matter
Claims 2-3, 10, and 14-15 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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN ANDREW JOHNSTON/Examiner, Art Unit 2831
/EDWIN A. LEON/Primary Examiner, Art Unit 2831
