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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
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.
The objected to language is “means”.
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 1-15 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 term “several” in claim 1 is a relative term which renders the claim indefinite. The term “several” 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. It is unclear how many turns are required to meet the claimed limitation “several turns”. For purposes of examination several will be interpreted to mean “at least two”. Claims 2-15 are rejected for depending on claim 1.
Regarding claim 6, the claim limitation “which moves it according to its deformation” is unclear because “it” and “its” are unclear what they are referring to.
Regarding claims 7 and 12, the claim term “preferably” is indefinite because it is not apparent if the phrase following the term is required by the claim or merely optional. For purposes of examination, it will be considered to be optional.
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 1-10, 12 and 15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Di Domenico, US 2024/0027966.
Regarding claim 1, Di Domenico discloses a balance spring for a horological regulating member, the balance spring comprising: a flexible strip (2) wound about itself in several turns, the strip having a predefined stiffness; adjusting means (resilient element 5) for adjusting the stiffness of the flexible strip; and actuation means (6) for actuating the adjustment means depending on the ambient temperature (see abstract and [0036]).
Regarding claim 2, Di Domenico discloses the actuation means comprise an element (thermally deformable body 15), which can be deformed depending on the temperature.
Regarding claim 3, Di Domenico discloses the deformable element comprises a temperature-sensitive material [0042].
Regarding claim 4, Di Domenico discloses the deformable element comprises a bimetallic attachment [0043].
Regarding claim 5, Di Domenico discloses the deformable element comprises a microstructure or nanostructure ([0044]-[0045], the deformation based on temperature is here is considered comprising a microstructure based on the small changes in structure of the deformable element).
Regarding claim 6, Di Domenico discloses the actuation means comprise a support body (moveable body 12, 22) that can be moved by the deformable element, which moves it according to its deformation into a plurality of positions (see [0045]).
Regarding claim 7, Di Domenico discloses the adjustment means comprise a flexible element (4) arranged in series with the strip, the flexible element connecting one end of said strip to a fixed support (7), so as to add additional stiffness following the strip, the flexible element preferably having a stiffness greater than that of the strip [0038].
Regarding claim 8, Di Domenico discloses the adjustment means comprise prestressing means (6) for applying a variable force or torque to the flexible element, so as to vary the stiffness of the flexible element [0041].
Regarding claim 9, Di Domenico discloses the support body (12, 22) is in contact with the prestressing means (6).
Regarding claim 10, Di Domenico discloses the support body (12, 22) comprises a rod (12) provided with a first end mounted on the deformable element (15), and a second end mounted on the prestressing means (6).
Regarding claim 12, Di Domenico discloses the flexible element comprises two flexible parts (Fig 1, 4), each of which connects the strip to the fixed support (Fig 1), the two flexible parts being arranged axially symmetrically relative to one another along an axis (axis along 11).
Regarding claim 15, Di Domenico discloses a regulating member for a horological movement, the regulating member comprising an oscillating weight and the balance spring according to claim 1 (abstract).
Allowable Subject Matter
Claims 11, 13 and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to disclose or reasonably suggest the claimed invention particularly including wherein the actuation means comprise a fixed pin, which allows the rod to form a lever.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON COLLINS whose telephone number is (571)270-3994. The examiner can normally be reached 9:30 AM - 6:00 PM.
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/JASON M COLLINS/ Examiner, Art Unit 2831
/EDWIN A. LEON/ Primary Examiner, Art Unit 2831
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