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 .
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.
Claim 11 is 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 11 recites the limitations "the secondary driving train" and “the going train”. There is insufficient antecedent basis for these limitations in the claim.
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 1-6 and 8-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mertenat, US 2013/0148475.
Regarding claim 1, Mertenat discloses a one-piece wheel set (40) comprising a first toothing (42) formed on the periphery of a first platform, and a second toothing (44) formed on the periphery of a second platform integral with the first platform, wherein the first toothing comprises a number of teeth (12) which is an integer multiple of the number of teeth (4) in the second toothing (See Figures 9 and 10).
Regarding claim 2, Mertenat discloses the first toothing is configured to mesh with a toothed drive wheel (Fig 3).
Regarding claim 3, Mertenat discloses the second toothing is configured to cooperate with a jumper to index the position of said one-piece wheel set, in steps ([0036] and Fig 3).
Regarding claim 4, Mertenat discloses the number of teeth in the second toothing corresponds to the number of steps through which said one-piece wheel set is driven in order for it to make one complete revolution [0020].
Regarding claim 5, Mertenat discloses the teeth in the second toothing are aligned with the teeth in the first toothing (Fig 9).
Regarding claim 6, Mertenat discloses the teeth in the second toothing are continuous with certain teeth in the first toothing with an alternation corresponding to the ratio between the number of teeth in the first toothing and the number of teeth in the second toothing (Fig 9).
Regarding claim 8, Mertenat discloses the one-piece wheel set is obtained by milling [0022].
Regarding claim 9, Mertenat discloses a horological movement comprising the one-piece wheel set according to claim 1 [0026].
Regarding claim 10, Mertenat discloses the horological movement comprises a going train for displaying time information and a secondary driving train for displaying additional information, said secondary driving train being meshed with the going train, the one-piece wheel set belonging to the secondary driving train [0027].
Regarding claim 11, Mertenat discloses the secondary driving train comprises a jumper cooperating with the second toothing of the one-piece wheel set, the first toothing of the one-piece wheel set cooperating with a toothed drive wheel belonging to the going train or to the secondary driving train ([0036]-[0038] and Fig 3).
Regarding claim 12, Mertenat discloses a timepiece comprising the horological movement according to claim 9 [0026].
Regarding claim 13, Mertenat discloses said timepiece is a wristwatch including a watch case configured to receive and house the horological movement [0026].
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Mertenat, in view of Villaret, US 2024/0176295.
Regarding claim 7, Mertenat does not explicitly disclose the wheel set is made of metal, a metal alloy or ceramic.
Villaret discloses toothed wheels made of ceramic [0116].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the wheel set in Mertenat from ceramic because there is no material listed at all and ceramic wheels were well known as taught by Villaret and because it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
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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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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/JASON M COLLINS/ Examiner, Art Unit 2831
/EDWIN A. LEON/ Primary Examiner, Art Unit 2831
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