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 .
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 1-9 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 transmission wheel has a degree of mobility relative to the driving and driven wheels. The scope of the phrase degree of mobility is not apparent. See MPEP 2173.05b. See also subsection IV subjective terms. There is no explanation how much mobility constitutes a relative degree of mobility. The specification provides no basis for ascertaining the term of degree of mobility permissible by the claims. Most recitations within the specification merely repeat the term and does not establish a basis for interpretation. The elements are clearly wheels and must by that term have some degree of mobility. The recitation implies a different meaning but never establishes what it is. The reader would not be reasonably informed of the scope of the invention. For these reasons claim 1 is indefinite. Claims 2-9 depend from claim 1 and thus include at least the same defects. Claim 7 recites “the latter”. This is impermissible under definiteness requirements. Clear and distinct identification of the parts is required.
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.
Claims 1, 2, 9 are rejected under 35 U.S.C. 102a1 as being anticipated by Zaugg (US 2019/0384226).
With regard to claim 1 Zaugg discloses a display device (figure 2) for a watch movement, comprising:
a display (12, 30, 80) intended to be mounted movable relative to a structure (15) of the watch movement and provided with a member (paragraph 22) for indexing relative to said structure (15; paragraph 22), and with a driven wheel (3; paragraphs 19, 30) whose rotation causes movement of the display (30);
a drive mechanism (20, 4 paragraphs 20, 49) comprising a driving wheel (2, 4) intended to drive the driven wheel (3) in rotation; and
a coupling mechanism (2, 3, 4, 5, paragraph 20-21) comprising a transmission wheel (5, paragraphs 20, 49) meshing with the driving wheel (2, 4) and the driven wheel (3; paragraphs 19, 30), said coupling mechanism being configured so that the centre of rotation of the transmission wheel (5) has a degree of mobility relative to the driving (paragraphs 20, 21, 49) and driven wheels (3; paragraphs 19, 30).
With regard to claim 2 Zaugg discloses the display device (30) according to claim 1, wherein the coupling mechanism (paragraph 20; figures 1 and 2) includes a support (6) on which the transmission wheel (5) is fastened so as to be movable in rotation, the support (6) being configured to be in a state in which it is movable in rotation about the axis of rotation of the driving wheel (2, 4) and a stationary state in which it is held in position by a blocking member (61 paragraphs 21, 47).
With regard to claim 9 Zaugg discloses a watch movement (title, abstract – watch technician; paragraph 32 - movement) comprising a structure (15) and a display device (30) according to claim 1.
No 102 or 103 rejection is made regarding claims 3-8. Note the 112b rejection of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Forsey (US 20050259520) teaches a display device with a clutch between the display element to allow a degree of mobility.
Bifrare (US 20210011433) teaches a flexible display element with a degree of mobility between elements.
Cornibe (US 2015/0198925) teaches internal teeth in a reverser gear application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN KAYES whose telephone number is (571)272-8931. The examiner can normally be reached 10-6.
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.
/SEAN KAYES/Patent Examiner, Art Unit 2831
Prosecution Insights