Prosecution Insights
Last updated: August 16, 2026
Application No. 18/942,857

HOROLOGICAL MOVEMENT PROVIDED WITH A MECHANISM FOR DRIVING A JUMPING INDICATOR

Non-Final OA §112
Filed
Nov 11, 2024
Priority
Dec 21, 2023 — EU 23219464.7
Examiner
WALKER, MICHAEL JAMES
Art Unit
Tech Center
Assignee
ETA SA Manufacture Horlogère Suisse
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
25 granted / 29 resolved
+26.2% vs TC avg
Minimal -4% lift
Without
With
+-4.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
15 currently pending
Career history
37
Total Applications
across all art units

Statute-Specific Performance

§103
33.3%
-6.7% vs TC avg
§102
23.0%
-17.0% vs TC avg
§112
40.2%
+0.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 29 resolved cases

Office Action

§112
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 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. Claim Objections The claims are objected to because of the following informalities: Claim 6 recites “a tooth” in ln. 3-4, this is the second recitation of “a tooth” in the dependency chain of this claim. This second recitation does not render the claim indefinite as it would be understood by one of ordinary skill in the art that this would be one of the teeth of the toothing recited in claim 4. However, the examiner recommends changing “a tooth” to “the tooth” to provide clarity in claim 6. Appropriate correction is required. Claim Interpretation The term “distant” as used in claim 1 is being interpreted by the examiner to mean “separated in space” in accordance with the principles of Broadest Reasonable Interpretation (BRI). 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. Claim 1 recites the limitation "the side of its second end" in ln. 13 and "the second direction" in ln. 18. There is insufficient antecedent basis for these limitations in the claim. The term “useful” in claim 4 is a relative term which renders the claim indefinite. The term “useful” 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. Claim 6 recites the limitation "the most part of the spring" in ln. 4. There is insufficient antecedent basis for this limitation in the claim. A suggested wording to overcome this rejection is “a majority of the spring”. Claim 9 recites the limitation "the side of its second end”" in ln. 3. There is insufficient antecedent basis for this limitation in the claim. Allowable Subject Matter Claim 1 appears to be allowable if rewritten or amended to overcome the objections and rejections under 35 U.S.C. 112 set forth in this Office action. Conclusion 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. 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. /MICHAEL JAMES WALKER/Examiner, Art Unit 2831 /renee s luebke/Supervisory Patent Examiner Art Unit 2831
Read full office action

Prosecution Timeline

Nov 11, 2024
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
82%
With Interview (-4.3%)
2y 9m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 29 resolved cases by this examiner. Grant probability derived from career allowance rate.

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