DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s arguments/amendments filed June 16, 2026 have been fully considered but are moot in view of new ground(s) of rejection. Claim 3 had been canceled.
Claim Objections
2. The claims 12, 16, 20 and 22 are objected to because of the following informalities:
Regarding claim 12, the claim limitation “…comparing a time displayed by a timepiece movement….if a particular threshold if exceeded during the carrying out of the comparing.” should be “…comparing a time displayed by the timepiece movement….if a particular threshold is exceeded during carrying out of the comparing.” according to antecedent basis requirement and informal issue.
Regarding claim 16, the claim limitation “…the imposing by the control device comprises moving a pair of immobilization clamps along an elastic blade.” should be “…the imposing by the control device comprises moving the pair of immobilization clamps along the elastic blade.” according to antecedent basis requirement.
Regarding claim 20, the claim limitation “…the selector device…” should be “…the frequency selector device…” according to antecedent basis requirement.
Regarding claim 22, the claim limitation “…the mechanical first oscillator oscillators at a predetermined first frequency…” should be “…the mechanical first oscillator oscillators at a first predetermined frequency…” according to antecedent basis requirement since “the first predetermined frequency” is used in the following claim limitations.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 21 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tombez et al. (2018/0181073) (hereinafter “Tombez”).
Regarding claim 21, Tombez discloses a regulating system (Fig.1, 2, 5, 6 and 10, please refer to the whole reference for detailed) comprising: a mechanical first oscillator (14 in Fig.1) designed to regulate at least partly a train (10) of a timepiece movement (2) driven by a drive system (8 in Fig.1; Note: according to Application’s specification on page 5, “barrel is a drive system”), a control device (58 in Fig.5, which is a part of 22 in Fig.2) configured to impose a main operating mode (operating mode when mechanical breaking device is not activated; please refer to Fig.5 and at least ¶ 72) in which the mechanical first oscillator oscillates at a first predetermined frequency (frequency of 14 when braking is not applied; please refer to information related to at least Figs.5-7 and 9), the control device being controlled by a train (10) at least partly regulated by the first oscillator (14; since sensor 24 detects angular position of the balance (which is connected to train 10) and provides the detected data to the control device (58) and the control device regulate the mechanical first oscillator 14 as stated in ¶ 40), and an actuator device (36 and 39 in Fig.2) configured to command passage to an auxiliary operating mode (operating mode when the braking is activated) in which the mechanical first oscillator oscillates at another predetermined frequency (frequency of 14 when the braking is applied; please refer to information related to at least Figs.5-7 and 9; and at least ¶ 64) different from the first frequency, wherein the regulating system comprises a frequency selector device and the control device and/or the actuator device act(s) on a frequency selector device (38 in Fig.2 (or) 38A and 38B in Fig.10) configured so as to define three oscillation frequencies, as follows: the first predetermined frequency, a second predetermined frequency lower than the first predetermined frequency, and a third predetermined frequency higher than the first predetermined frequency (according to ¶ 64, 65 and 73, which states “it is possible not only to reduce the frequency of a mechanical oscillator with braking pulses, but it is also possible to increase the frequency of such a mechanical oscillator also with braking pulses.”).
Regarding claim 22 (as best understood), Tombez discloses a method of operating a regulating system for a timepiece movement (Fig.1, 2, 5 and 6, please refer to the whole reference for detailed), the regulating system (Fig.1) comprising a mechanical first oscillator (14) designed to regulate at least partly a train (10) of a timepiece movement (2) driven by a drive system (8 in Fig.1; Note: according to Application’s specification on page 5, “barrel is a drive system”), the method comprising at least one iteration of the following actions: operating in a main operating mode (operating mode when mechanical breaking device is not activated; please refer to Fig.5 and at least ¶ 72) in which the mechanical first oscillator (14) oscillates at a first predetermined frequency (frequency of 14 when braking is not applied; please refer to information related to at least Figs.5-7 and 9), modifying, by an actuator device (36 and 39 in Fig.2), a frequency of the mechanical first oscillator, operating in an auxiliary operating mode (operating mode when the braking is activated) in which the mechanical first oscillator oscillates at a second frequency (frequency of 14 when the braking is applied; please refer to information related to at least Figs.5-7 and 9) or at a third frequency, imposing, by a control device (58 in Fig.5, which is a part of 22 in Fig.2), return to the main operating mode (when the braking is no more activated), the control device being controlled by the train (10) at least partly regulated by the mechanical first oscillator (10 is regulated by 14), wherein – the second frequency is a second predetermined frequency lower than the first predetermined frequency (the frequency of the mechanical first oscillator 14 when the breaking is applied, which is lower than the frequency of the mechanical first oscillator 14 when the breaking is not applied; according to at least ¶ 44, 47, 48, 59, 60, 61, 64 and 65), and – the third frequency is a third predetermined frequency higher than the first predetermined frequency (according to ¶ 64, 65 and 73, which states “it is possible not only to reduce the frequency of a mechanical oscillator with braking pulses, but it is also possible to increase the frequency of such a mechanical oscillator also with braking pulses.”).
5. Claim 22 is rejected under 35 U.S.C. 102(a)(1) (as best understood) as being anticipated by Surmely et al. (EP 3842876, cited by Applicant in the IDS submitted on Nov. 27, 2024) (hereinafter “Surmely”).
Regarding claim 22, Surmely discloses a method of operating a regulating system for a timepiece movement (Fig.1, please refer to the whole reference for detailed), the regulating system comprising a mechanical first oscillator (14) designed to regulate at least partly a train (11) of a timepiece movement driven by a drive system (8), the method comprising at least one iteration of the following actions: operating in a main operating mode (operating mode when 22A (braking) is not activated) in which the mechanical first oscillator oscillates at a predetermined first frequency (frequency when not braking), modifying, by an actuator device (22A and 26), a frequency of the mechanical first oscillator, operating in an auxiliary operating mode (operating mode when 22A (braking) is activated) in which the mechanical first oscillator oscillates at a second frequency (frequency when braking) or at a third frequency, imposing, by a control device (48), return to the main operating mode (when the braking is no more activated), the control device being controlled by the train at least partly regulated by the mechanical first oscillator (11 is regulated by 14), wherein – the second frequency is a second predetermined frequency lower than the first predetermined frequency (the frequency of the mechanical first oscillator 11 when the breaking is applied, which is lower than the frequency of the mechanical first oscillator 14 when the breaking is not applied), and – the third frequency is a third predetermined frequency higher than the first predetermined frequency (due to the term “or”, underlined above, this portion of the claim limitation is not considered).
Allowable Subject Matter
6. Claims 1, 2, 4-11, 13-15 and 17-19 are allowed.
7. Claims 12, 16 and 20 would be allowable if rewritten or amended to overcome the objection set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD TAN whose telephone number is (571)270-7455. The examiner can normally be reached on M-F 8:30am-5:00pm.
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/Richard Tan/Primary Examiner 2836
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