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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 2023-08-31. It is noted, however, that applicant has not filed a certified copy of the JP2023-140641 application as required by 37 CFR 1.55.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. Applicant’s abstract should not use the word “disclosed.”
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.
The claims are unclear as to what structures are positively recited. Claims 1 and 11 recite a base mounting part “configured to receive an annular solar panel” and an outer peripheral side mounting part “configured to receive a circular solar panel”; neither solar panel are so far claimed. However, lines 19-26 recite “when the annular solar panel is disposed…the pressing member indirectly presses” and “when at least a portion of the circular solar panel is disposed…the pressing member directly presses.” These lines are unclear as whether the panels are alternatives to each other or instead are both required. MPEP 211.04 states that when a product claim recites contingent limitations, the product must have the structure to perform the contingent limitation. However, the multiple “when” limitations are unclear as to when the device/timepiece would meet the claimed conditions. Furthermore device/timepiece does not appear to be capable of having the annular and circular solar panels coexist, because the solar panels would overlap one another and block each other from operating. The figures and specification also do not disclose any embodiment having both panels. Claims 1, 3, 6-7, 9, and 11 should be carefully reviewed and rewritten to clearly state whether the device/timepiece has either an annular panel, a circular panel, or both.
Claim 3 recites “a portion” in line 6. Whether this limitation refers to claim 1’s circular panel portion or a new portion is unclear. The limitation has been read as -the portion-.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “disposable” in claim 4 is used by the claim to mean “disposed,” while the accepted meaning is “may be tossed into the trash.” The term is indefinite because the specification does not clearly redefine the term.
Claim 8 recites “a portion” in line 2. Whether this limitation refers to claim 1’s outer peripheral side mounting part portion or a new portion is unclear. The limitation has been read as -the portion-.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sugimoto (JP 2018087766) discloses (Figs. 3, 9-11) an electronic timepiece with a solar panel (135), a base mounting part (125), an outer peripheral side mounting part (126), and an outer peripheral frame having first and second lower surfaces (see 115, 115a in Figs. 9-11).
Vuilleumier (US 5282179) discloses (Fig. 4) an annular calendar disk (14) disposed at a lower level than an outer peripheral side mounting part (left edge of 38) and at a higher level than a main surface of a base mounting part (floor of 38).
Yoshihiko (JP 2017146266) discloses (Fig. 3c) an electronic watch with a pressing member (46) and spacer (6).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew Hwang whose telephone number is (571)272-1191. The examiner can normally be reached M-F from 9:30-5:30 PT.
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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.
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/MATTHEW DANIEL HWANG/Examiner, Art Unit 2831
/EDWIN A. LEON/Primary Examiner, Art Unit 2831
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