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 1-12) in the reply filed on 06/17/2026 is acknowledged. Claims 13-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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
Claim 1 recites an optional step of producing the object (4). This step being optional means that the presence of the object (4) in the dependent claims is also considered optional.
Claim 1 recites “producing an object (4), also referred to as a positive replica”. Something being “referred to” does not limit the claim.
Claim 11 recites “the latter”. This is interpreted as referring to “the negative replica (2)” recited previously.
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 6-7 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 6 recites “the 2.5D shaping”. There is insufficient antecedent basis for this limitation.
Claim 7 recites “a flexible polymer such as silicone”. The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Examiner Note
Applicant has left item #s in the copy of the claims submitted 08/20/2024 indicated by numbers within parenthesis, i.e. “(1)”. To avoid confusion throughout this office action, the citations/interpretations from the prior art will be indicated by text/numbers within brackets in bold, i.e. “[¶0017]”.
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, 3-4 and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fiaccabrino (EP3266905A1).
Claim 1
Fiaccabrino teaches a method for obtaining a decorative item (5)[timepiece component, 5] having a sparkling appearance [¶0019 teaches the timepiece component has a decorative pattern [11] on the surface that is on the nanometer scale.], said method comprising the steps of: providing or producing a model (1) [1] having a surface (1 a) of polycrystalline structure [Figure 1 and ¶0019 teach the surface of the model [which translates to the surface of the component] has a pattern on the nanometer scale that has high height/width ratios. Applicant’s surface (1a) is shown in Figure 3A as having the same structure.] which is intended to be replicated [¶0017], producing a negative replica (2) [3] of said surface (1 a) using a polymer material [¶0017 “polymer mould 3”], separating the model (1) from the negative replica (2) [Figure 3], followed by an optional step of: producing an object (4) [5], also referred to as a positive replica [This limitation does not indicate any specific structure or method requirement.], on at least a portion of the replicated face (2 a) of the negative replica (2) [Figure 1, Step S5], wherein one or more actions are implemented during the steps to impart particular optical effects and/or a functional appearance to the decorative item (5), one or more of the actions being selected from the following: locally modifying the polycrystalline structure of the model (1) [¶0018 teaches the master piece [1] is modified using laser machining.],modifying the shape of the negative replica (2) [In step S2, the material of the replica [3] is heated and shaped to create a replica.], selectively producing the object (4) on certain portions of the replicated face (2 a) of the negative replica (2) [Figure 1, Step S5] if the optional step is carried out, the decorative item (5) obtained being either the negative replica (2), or the positive replica (4) if the optional step is carried out. [Figure 1, Step S3 and Step S6 show both the replica [3] and the object [6] are made. Either one satisfies this claim limitation.]
Claim 3
Fiaccabrino teaches the production method according to claim 1, wherein the structure of the surface (1 a) of the model (1) is modified after the production thereof, by reworking the shape of certain crystals. [¶0018 teaches the model is formed using mechanical shaping, then the surface is reworked by laser machining to provide a high degree of precision. This degree of precision also applied to the pattern [11] that is made up of a plurality of high height/width aspect ratio structures.]
Claim 4
Fiaccabrino teaches the production method according to claim 3, wherein the shape of the vertices and faces of some of the crystals of the surface (1 a) of the model (1) is modified by selective laser etching or by local mechanical machining. [¶0018 teaches the model is formed using mechanical shaping, then the surface is reworked by laser machining to provide a high degree of precision. This degree of precision also applied to the pattern [11] that is made up of a plurality of high height/width aspect ratio structures.]
Claim 9
Fiaccabrino teaches the production method according to claim 1, wherein the object (4) is produced by electroforming, by injection or by stamping. [¶0030]
Claim 10
Fiaccabrino teaches the production method according to claim 1, wherein the object (4) is made from a material selected from a metal, a metal alloy, a ceramic, a polymer and a composite material. [¶0030]
Claim 11
Fiaccabrino teaches the production method according to claim 1, further comprising an additional step of colouring the object (4) or the negative replica (2) if the latter is intended to form the article (5), colouring being carried out by vacuum deposition on the object (4) or on the negative replica (2) or by galvanic growth on the object (4) if said object (4) is metallic. [¶0030 teaches the use of galvanic electroforming to add a conducive layer to the mold, such as PVD. The layer is copper or gold, which are a coloring. Therefore, the reference teaches a coloring layer being added to the replica [mould, 3] using a vacuum deposition [PVD].]
Claim 12
Fiaccabrino teaches the production method according to claim 11, wherein the object (4) is coloured by a metallic or dielectric deposit applied by directional PVD with an inclined or grazing incidence so that the facets of the replicated polycrystalline surface are covered only in a certain direction in order to obtain a particular optical effect. [The colouring step in Claim 11 was selected as the colouring of the negative replica alternative. Since the colouring of the object was not selected in the rejection of Claim 11, further details of the colouring of the object do not further limit the claim(s) and Fiaccabrino meets this claim as well.]
Claims 1 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Calame (US20220305700A1).
Claim 1
Calame teaches a method for obtaining a decorative item (5)[blank, 20] having a sparkling appearance [Figure 4 shows the master, which represents the intended surface topology of the finished blank, has a surface containing a sparkling appearance.], said method comprising the steps of: providing or producing a model (1) [Figure 4, template element [50]] having a surface (1 a) of polycrystalline structure [¶0037 teaches the pattern on the master can by microcrystals. See also ¶0089.] which is intended to be replicated [¶0035 “reproduced”], producing a negative replica (2) [10] of said surface (1 a) using a polymer material [¶0046], separating the model (1) from the negative replica (2) [Figure 1], followed by an optional step of: producing an object (4) [20], also referred to as a positive replica [This limitation does not indicate any specific structure or method requirement.], on at least a portion of the replicated face (2 a) of the negative replica (2) [Figure 3b], wherein one or more actions are implemented during the steps to impart particular optical effects and/or a functional appearance to the decorative item (5), one or more of the actions being selected from the following: locally modifying the polycrystalline structure of the model (1) [¶0038 teaches the surface of the model/master can be textured by machining.],modifying the shape of the negative replica (2) [Figure 1 shows the replica [10] being curved.], selectively producing the object (4) on certain portions of the replicated face (2 a) of the negative replica (2) [Figure 3b] if the optional step is carried out, the decorative item (5) obtained being either the negative replica (2), or the positive replica (4) if the optional step is carried out. [Figure 1 and Figure 3b show a negative replica [10] or positive replica [20] are both made in the process.]
Claim 7
Calame teaches the production method according to claim 1, wherein the negative replica (2)[10] is shaped in order to impart a three-dimensional shape [Figure 1 and Figure 3a show the replica [10] is shaped in a curved shape.] to the object (4) during the step of producing said object (4) [Figure 3b-3c], the step of producing a negative replica (2) being carried out with a flexible polymer [¶0056] such as silicone [¶0089], the negative replica (2) then being shaped to produce the desired shape and fixed in this shape. [Figure 1 and 3a]
Claim 8
Calame teaches the production method according to claim 7, wherein the negative replica (2) is fixed in said shape by fixing to a rigid substrate (11). [Figure 3a and ¶0060 “held in place”]
Claim 9
Calame teaches the production method according to claim 1, wherein the object (4) is produced by electroforming, by injection or by stamping. [Figure 3b and ¶0063 teach the injection of material into the mold.]
Claim 10
Calame teaches the production method according to claim 1, wherein the object (4) is made from a material selected from a metal, a metal alloy, a ceramic, a polymer and a composite material. [¶0064]
Claims 1-2 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamazaki (GB1453222A).
Claim 1
Yamazaki teaches a method for obtaining a decorative item (5)[timepiece dial] having a sparkling appearance [Page 1, Lines 10-15 “crystal pattern having a three-dimensional appearance”], said method comprising the steps of: providing or producing a model (1) [Page 1, Lines 27-30 “metal plate”] having a surface (1 a) of polycrystalline structure [Page 1, Lines 30-31 “crystal pattern”] which is intended to be replicated [Page 1, Lines 35-45 “form a mould”], producing a negative replica (2) [Page 2, Lines 1-5 coating to complete a dial for a timepiece. The dial is the replica.] of said surface (1 a) using a polymer material [Page 1, Lines 35-40 “plastics material”], separating the model (1) from the negative replica (2) [The dial is separated from the mold after the injection process.], followed by an optional step [The optional step is not selected for this rejection.] of: producing an object (4), also referred to as a positive replica on at least a portion of the replicated face (2 a) of the negative replica (2), wherein one or more actions are implemented during the steps to impart particular optical effects and/or a functional appearance to the decorative item (5), one or more of the actions being selected from the following: locally modifying the polycrystalline structure of the model (1) [Page 1 Line 30-35 “deforming”.],modifying the shape of the negative replica (2) [Not selected.], selectively producing the object (4) on certain portions of the replicated face (2 a) of the negative replica (2) [Not selected.] if the optional step is carried out, the decorative item (5) obtained being either the negative replica (2), or the positive replica (4) if the optional step is carried out. [Not selected.]
Claim 2
Yamazaki teaches the production method according to claim 1, wherein the polycrystalline structure of the model (1) is modified during the production thereof, by locally changing the temperature of the model (1) during crystal growth. [Page 1 Lines 30-35 teach annealing of the plate at an elevated temperature to change the crystal pattern on the mold/model/plate.]
Claim 5-6
Yamazaki teaches the production method according to claim 1, wherein the object (4) is produced selectively on certain portions of the replicated face (2 a) of the negative replica (2) in view of the 2D shaping of the object (4) on the replicated face (2 a) of the negative replica (2), the object (4) being produced by the LIGA method with the sub-steps of: Depositing a conductive layer (3) on the replicated face (2 a) of the negative replica (2), Depositing a photoresist layer (6) on the conductive layer (3), Selectively irradiating the photoresist layer (6), Removing irradiated portions of the photoresist layer (6) or alternatively non-irradiated portions to create cavities (8) revealing the conductive layer (3), Galvanically growing the object (4) in said cavities (8). [The optional step in Claim 1 was not selected for this rejection. Claim 5 requires further details of the optional object formation step and Yamazaki teaches the method of Claim 1 without selecting the optional step, Yamazaki meets Claim 5 as well.]
Yamazaki teaches the production method according to claim 5, wherein the steps of depositing the conductive layer (3), of depositing the photoresist layer (6), of selectively irradiating the photoresist layer (6), of removing portions of the photoresist layer (6), and of galvanically growing the object (4) are repeated on several levels in view of the 2.5D shaping of the object (4) on the replicated face (2 a) of the negative replica (2). [The optional step in Claim 1 was not selected for this rejection. Claim 6 requires further details of the optional object formation step and Yamazaki teaches the method of Claim 1 without selecting the optional step, Yamazaki meets Claim 6 as well.]
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 References Cited form.
Document
Date
Description of Relevant Subject Matter
US20030157347A1
2000-03-10
Zhang teaches a production method that includes a model (Figure 1) for replication that includes a surface having a crystalline structure (Figure 1). ¶0031 teaches the surface structures are formed by CVD or PVD techniques that include heat and temperature. ¶0034 teaches the modification of the model surface using machining. ¶0041 teaches the replication process can be casting, injection molding, electroforming or vapor depositing. (Claim 1)
US5071597A
1989-09-27
D’Amato teaches a method for obtaining an item having a hologram including forming a model (20), forming a replica (40 - 50), separating the replica (60), forming the replica into a mold (70-80), and producing an object (90) based on the replica. (Claim 1)
US20220305700A1
2022-03-01
Calame teaches a method of manufacturing a timepiece component including the steps of: producing a model/template (50) (Figure 1) that includes a pattern (¶0035). The pattern can be a crystalline pattern (¶0037). The next step is to form an inert/replica (10) by molding using a flexible material (¶0048) such as silicone (¶0046). After forming the insert (10), the template and insert are separated in step E3 (¶0052). (Claim 1) An intermediate step can be the modify the shape of the insert (¶0057) and depositing a coating on the insert using various methods (¶0058). The next step is to place the insert/replica into a mold/rigid substrate (1) (¶0060-0061) and form it into a shape. An object/component/blank (20) of the timepiece component is formed by filling the mold with a material (¶0063 / Figure 3b). (Claim 9) The material of the component/object is an elastomer/composite material. (¶0064) (Claim 10)
EP3266905A1
2018-01-10
Fiaccabrino teaches a method of manufacturing a timepiece component that includes steps of: forming a master piece/model (1) (¶0017-0018) that includes a patterned structure (Figure 1 / Item 11); producing a mould/replica (3) using said master piece (¶0021 / Figure 1); separating the two (Figure 1 / Step S3); producing an object (5) using the mould/replica (3). (Claim 1) ¶0018 teaches the local modification of the structure of the model using cutting/drilling etc after the forming (mechanical shaping and subsequent processing). ¶0018 further teaches that the subsequent processing can be using laser machining. (Claims 3-4) ¶0030 teaches the filling of the mold can be done through electroforming (Claim 9-10) ¶0030 teaches the use of vapor deposition to deposit a material onto the replica/mold. (Claim 11)
GB1453222A
1974-01-18
Yamazaki teaches a method of forming a timepiece dial including the steps of: forming a crystal pattern on a surface of the metal blank and annealing the blank (Page 1, Lines 30-35). This blank is used as a mould to form a dial of plastic material (replica) (Page 1, Lines 35-40). Page 1, Lines 85-90 teach the heat treatment of the metal to grow crystals (Claim 2).
WO2024046958A1
2023-08-28
¶0086 teaches the use of PVD or CVD to deposit a layer within the cavity (3a) to provide a color.
CH719279A2
2021-12-20
¶0021 teaches a decorative or functional material added to a surface using PVD.
US20160263698A1
2016-03-11
¶0059 teaches the use of PVD to apply a coating to modify the perceived color.
US20210191338A1
2020-12-14
Cusin teaches a method of fabricating a timepiece component that includes a first step of depositing a conductive layer (¶0047), then a photoresist layer (3)(¶0050)(Figure 1); then irradiating the layer (Figure 3)(¶0056) through a mask; removing irradiated portions to reveal the conductive layer (Figure 3)(¶0059); building up an object (7) in the cavities off the conductive layer capable of starting galvanic metal deposition (¶0047) using an electroforming (¶0067) (Claim 5-6)
The motivation to use this LIGA technique from Cusin is “allow the fabrication of timepiece parts having complex geometries that are not usually feasible using LIGA technology.” (¶0021)
US20210191258A1
2020-10-27
Cusin teaches a method of fabricating a timepiece component that includes steps of: depositing a conductive layer (2)(¶0047); depositing a photoresist layer (¶0050); irradiating a photoresist layer (¶0056); dissolving non-irradiated zones of the layer (¶0058); and galvanic deposition (¶0061) to form an object (6). (Claim 5-6)
The motivation to use this LIGA technique from Cusin is “enabling the manufacture of timepieces having complex geometries ordinarily not feasible via LIGA technology.” (¶0020)
US10649406B2
2016-03-11
Figures 9-10 teach layers added by PVD (Col. 6 Lines 53-57) for coloring (Col. 6 Line 53). The layer(s) are directionally provided only on certain surfaces of the timepiece component. (Claim 12)
US20190302697A1
2017-12-14
¶0063 teaches the step of dry coating a decoration (color coating) using PVD vacuum deposition. (Claim 11)
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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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726
