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 2, 3, 4, 9, 10 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 3, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05.
Claims 4, 9, 10 depend from claim 3 and thus have the same defect.
Claim 2 recites “the second component extends in a plane substantially perpendicular to the first component”. Claim 1 recites “means for positioning the second component on the first component in a plane substantially parallel to the first component”.Claim 2 depends from claim 1. These two quoted sections contradict each other. Claim 2 is therefore indefinite.
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 1-7, 9-15 are rejected under 35 U.S.C. 102a1 as being anticipated by Polonsky (US 3224062).
With regard to claim, 1 Polonsky discloses an assembly of two timepiece components, the assembly comprising:
a first timepiece component (5) and a second timepiece component (3); and
means (4) for assembling the first timepiece component (5) to the second timepiece component (3),
wherein the assembly means (4 or 6) comprise
means (4 or 6) for positioning the second component (3) on the first component (5) in a plane substantially parallel to the first component (5), and
means (13 figure 5 and/or base thereof 12; or 6) for bearing on the second component (3) to lock the second component (3) on the first component (5).
With regard to claim 2 Polonsky discloses the assembly according to claim 1, wherein the second component (3) extends in a plane substantially perpendicular to the first component (5; figure 4; a portion of 3 is bent at a 90 degree angle so that it is substantially perpendicular).
With regard to claim 3 Polonsky discloses the assembly according to claim 1, wherein the positioning means (4) comprise at least one first catch (13), preferably two catches (figure 2), arranged on the second component (3), and at least one hole (6) preferably two holes (figure 3), arranged in the first component (5), so that each catch (13) is inserted into a hole (figures 1-5) to assemble the two components (figures 1-5).
With regard to claim 4 Polonsky discloses the assembly according to claim 3, wherein at least one catch (13; figure 2 note that there are at least 4 such elements) can be snapped into a hole (figure 6).
With regard to claim 5 Polonsky discloses the assembly according to claim 1, wherein the bearing means (13) comprise an assembly body (13 or 6) arranged on the first component (3), and the second component comprises a bearing face (10, 11), on which the assembly body (13 or 6) bears to lock the second component (figures 5-6) in position (figures 5-6).
With regard to claim 6 Polonsky discloses the assembly according to claim 5, wherein the assembly body (4) comprises a rigid tab (10) to press on the first component (5).
With regard to claim 7 Polonsky discloses the assembly according to claim 6, wherein the second component (3) comprises an opening (8) allowing the rigid tab (10) to pass.
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With regard to claim 9 Polonsky discloses the assembly according to claim 3, wherein the second component (3) comprises a stationary part (3, 10) intended to be mounted on the first component (5), and a movable part (11, 13) capable of moving relative to the first component (5; figures 5, 6).
10. The assembly according to claim 9, wherein the stationary part (10) comprises the one or more catches (10, 13).
With regard to claim 11 Polonsky discloses the assembly according to claim 7, wherein the opening (8) is arranged between the stationary part (10) and the movable part (11, 13).
With regard to claim 12 Polonsky discloses the assembly according to claim 10, wherein the assembly body (6) bears against the stationary part (10).
With regard to claim 13 Polonsky discloses the assembly according to claim 1, wherein the first timepiece component (5) is a plate extending in a first plane and the second timepiece component (3) is an actuator of an actuation system (figure 1 shows element 3 relative to the system which actuates and would not actuate if not for the support plate 3).Applicant’s specification 11/14/24 paragraph 11: “for example an actuator of an actuation system, the assembly comprising means for assembling the first timepiece component to the second timepiece component.” See MPEP 2111 for the discussion of broadest reasonable interpretation.
With regard to claim 14 Polonsky discloses a horological movement (clock figure 1), comprising the assembly according to claim 1.
With regard to claim 15 Polonsky discloses a timepiece (clock figure 1), comprising the horological movement according to claim 14.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Polonsky (US 3224062) in view of Wachtelhausen (US 1103551) and Boulenguiez (US 20120082010)
With regard to claim 8 (depends from claim 5) Polonsky does not disclose the claimed: wherein the assembly means comprise a screw and the assembly body comprises a passage for assembling the assembly body to the first component, the first component being provided with a hole for the screw.
Wachtelhausen teaches attaching two plates including a hairspring regulator connected by screw portions – figures 1-2.
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Boulenguiez teaches mounting by screws – paragraphs 38, 44, 45.Before the earliest effective filing date it would have been obvious to one having ordinary skill in the art to configure Polonsky’s system to comprise assembly means comprise a screw and the assembly body comprises a passage for assembling the assembly body to the first component, the first component being provided with a hole for the screw, as taught by Wachtelhausen and Boulenguiez. The reason for doing so would have been to provide an optional robust attachment system to secure the parts when desired, as taught by Wachtelhausen and Boulenguiez. Another reason for doing so would have been to increase the quality and quantity of attachment means to allow the system to be as robustly configured as desired.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Weiand US 362559 teaches a screw clamp for a hairspring.
Erikson US 665889 teaches a watch regulator with interfacing parts.
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.
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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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/SEAN KAYES/Primary Patent Examiner, Art Unit 2831
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