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 .
Information Disclosure Statement
The information disclosure statement filed 01 November 2024, fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. Specifically, foreign patent documents CH 75063 and CH 131854 lack the concise explanation of their relevance. The IDS has been placed in the application file, but the information referred to in the aforementioned references has not been considered.
Specification
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 abstract provided via preliminary amendment is 154 words in length.
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 “comprising”, “means” and “said,” should be avoided.
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 8-10, 12-13, and 19-21 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 8, the phrase "for example" 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).
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
Claim 9 recites the broad recitation “the shape of a lens”, and the claim also recites “said lens preferably being a symmetrical lens” which is the narrower statement of the limitation.
Claim 12 recites the broad recitation “at least five times”, and the claim also recites “preferably at least ten times, or even at least twenty times” which is the narrower statement of the limitation.
Claim 13 recites the broad recitation “an even number”, and the claim also recites “preferably two” which is the narrower statement of the limitation.
Claim 19 recites the broad recitation “at least one of the mobiles of said gear train”, and the claim also recites “preferably an intermediate mobile” which is the narrower statement of the limitation.
Claim 20 recites the broad recitation “at least one of the mobiles of said gear train”, and the claim also recites “preferably an intermediate mobile” which is the narrower statement of the limitation.
Claim 21 recites the broad recitation “at least one mobile of said gear train”, and the claim also recites “preferably an intermediate mobile” which is the narrower statement of the limitation.
The above claims are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 19 recites the limitations “the return torque” in ln. 2-3 and "the desired frequency" in line 8.
Claim 20 recites the limitation “the return torque” in ln. 2-3 and "the desired frequency" in line 8. There is insufficient antecedent basis for these limitations in the claims.
The term “desired” in claims 19-20 is a relative term which renders the claims indefinite. The term “desired” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Allowable Subject Matter
Claims 1-21 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
No art was found wherein a regulator for a timepiece comprising at least two inertial elements which are linked via a gear train containing at least two mobiles so as to operate in a desmodromic manner (i.e.- controlled in both directions of their movement) with the balance wheels operating in phase opposition.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Rissanen – CH 700747 – Discloses a regulator for a timepiece movement with a desmodromic link between two balance wheels. However, the balance wheels are directly connected via teeth on the outer portion of the felloe and the disclosure fails to teach or suggest that the oscillator further comprises “a gear train comprising at least two mobiles, the inertia wheel of each balance being fixed in rotation to a mobile of the gear train, said gear train being arranged to connect together the inertia wheels of the first and second balances”.
Goujon, et al. – US 20210208537 – Discloses a regulator for a timepiece movement with multiple balance wheels kinematically linked in a desmodromic manner. However, the balance wheels are linked to the motive source via rigid arms, thus the disclosure fails to teach or suggest that the oscillator further comprises “a gear train comprising at least two mobiles, the inertia wheel of each balance being fixed in rotation to a mobile of the gear train, said gear train being arranged to connect together the inertia wheels of the first and second balances” or that the “the respective oscillations of the first and second balances are in phase opposition”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J WALKER whose telephone number is (571)270-7599. The examiner can normally be reached from 8:00 AM - 4:00 PM ET Monday through Friday.
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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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/MICHAEL JAMES WALKER/Examiner, Art Unit 2831
/EDWIN A. LEON/Primary Examiner, Art Unit 2831
Prosecution Insights