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.
Claims 1-12 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 “rapidly” in claim 1 is a relative term which renders the claim indefinite. The term “rapidly” 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. Persons of ordinary skill in the art will have different opinions on what is considered a rapid correction.
Claim 1 recites “the periods” in line 7. There is insufficient antecedent basis for this limitation. The limitation has been read as -periods-.
Claim 1 recites “an annual cycle” in lines 8-9. Whether this recitation refers to a new structure or the earlier recited structure is unclear. The limitation has been read as -the annual cycle-. “An annual cycle” in line 16 is similarly rejected.
Claim 1 lacks antecedent basis for “the indexing” in the third-to-last line. The limitation has been read as -indexing-.
Claim 1 lacks antecedent basis for “the existing couple” in the penultimate line. The limitation has been read as -an existing couple-.
Claim 1 recites “it” in the penultimate line. What “it” refers to is unclear. The limitation has been read as -the winding stem-.
Claim 6 lacks antecedent basis for “the resulting annual cycle train” in lines 1-2. The limitation has been read as -the annual cycle train-.
Regarding claim 7, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, “preferably…” is not being considered.
Claim 11 recites “a watch movement.” Whether this recitation refers to a new structure or the earlier recited structure is unclear. The limitation has been read as -the watch movement-.
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.
Claims 1-2 and 6-12 are rejected under 35 U.S.C. 103 as being unpatentable over Feyer (CH 712668) in view of Graemiger (US 200100461867).
Regarding claim 1, Feyer teaches (Figs. 1-2, 4) a watch movement ([0001] of translation) comprising: a winding stem (210); a date mechanism comprising a drive mobile with 31 stable positions actuated in steps of one step per day by a time train ([0001] and 5, 44), the drive mobile with 31 stable positions moving a date indicator (50); a mechanism for displaying periods of an annual cycle ([0001]) moved in jumps by the drive mobile with 31 stable positions ([0026]), said mechanism for displaying the periods of an annual cycle comprising a member for indicating annual cycle periods (6) and an annual cycle train (44, 61) moved directly by the drive mobile with 31 stable positions (44, 51) and configured to rotate the member for indicating annual cycle periods (6) at each step of the drive mobile with 31 stable positions ([0017]: gears of 5-6 are ratioed so that every step of 5 rotates 6 by 1/12 a step); the annual cycle train comprising an annual cycle drive wheel (61) kinematically coupled in rotation with an annual cycle correction wheel (60), the annual cycle correction wheel being meshed with the member for indicating annual cycle periods (6); an annual cycle correction mechanism (210) configured to rapidly and independently correct the mechanism for displaying the periods of an annual cycle (6) when the winding stem is rotated ([0032]); the correction mechanism being configured such that rotating the winding stem rotates the annual cycle correction wheel and changes indexing between the annual cycle drive wheel and the annual cycle correction wheel as the winding stem moves beyond an existing couple between the annual cycle drive wheel and the annual cycle correction wheel ([0024], [0027], and [0032]: the winding stem 210 rotates the annual cycle correction wheel 60 to independently drive the member for indicating annual cycle periods 6 and change the correction wheel 60’s relative index/position with respect to the annual cycle drive wheel 61).
Feyer does not show that the winding stem can assume at least two pulled-out positions relative to a neutral pressed-in position, and the annual cycle correction mechanism correcting the mechanism for displaying the periods of an annual cycle when the winding stem is rotated in a first pulled-out position.
Graemiger teaches a winding stem that can assume at least two pulled-out positions ([0001]: the positions “for correcting” and “for setting”) relative to a neutral pressed-in position ([0001]: the “for winding” position), and a cycle correction mechanism correcting a mechanism for displaying when the winding stem is rotated in a first pulled-out position (Fig. 1 and [0001]: “for correcting at least one indicator member indicating a function derived from time”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Feyer’s winding stem to have at least two pulled-out positions relative to a neutral pressed-in position so that the annual cycle correction mechanism corrects the mechanism for displaying the periods of the annual cycle when the winding stem is rotated in a first pulled-out position, as suggested by Graemiger. One of ordinary skill in the art would have been motivated to make this modification so that the watch movement is not unintentionally rotated.
Regarding claim 2, Feyer discloses (Fig. 2) the watch movement according to claim 1, wherein said annual cycle drive wheel (61) is kinematically coupled in rotation with the annual cycle correction wheel (60) by way of a correction star ([0010]: “star”) cooperating with a correction jumper ([0010]: “drive rocker”) configured to ensure that the correction star is kept in a stable position when the watch movement is running normally ([0010]: rotation of the star is controlled by the rocker so that the star only rotates when necessary).
Regarding claim 6, Feyer discloses the watch movement according to claim 1, wherein a gear ratio of the annual cycle train between the drive mobile with 31 stable positions and the member for indicating annual cycle periods is 12, such that the member for indicating annual cycle periods makes one complete turn after twelve complete turns of the drive mobile with 31 stable positions ([0017]).
Regarding claim 7, Feyer discloses the watch movement according to claim 1, wherein said mechanism for displaying the periods of an annual cycle is a mechanism for displaying the seasons ([0001]).
Regarding claim 8, Feyer discloses (Figs. 2, 3) the watch movement according to claim 1, wherein said member for indicating annual cycle periods (6) comprises an annual cycle display wheel (6) carrying an annual cycle period indicator (59), the annual cycle display wheel (6) being meshed with the annual cycle correction wheel (60).
Regarding claim 9, Feyer discloses (Figs. 1-3) the watch movement according to claim 1, wherein said date mechanism comprises a 24-hour wheel (40) moved by the time train ([0022]), said 24-hour wheel comprising a finger (41) configured to actuate, once a day, a date lever (42) moving the drive mobile with 31 stable positions by one step (5, 44 and [0023]).
Regarding claim 10, Feyer discloses (Fig. 1) the watch movement according to claim 9, wherein said watch movement comprises a date correction member (47) configured to act on said date lever (42) and to actuate the drive mobile with 31 stable positions by one step each time the date correction member (47) is acted upon ([0025]).
Regarding claims 11-12, Feyer discloses a timepiece that is a wristwatch comprising the watch movement according to claim 1 ([0003]).
Allowable Subject Matter
Claims 3-5 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: regarding claim 3, the prior art does not show or suggest a correction star integral in rotation with an annual cycle correction wheel, and a correction jumper carried by an annual cycle drive wheel or said correction star integral in rotation with the annual cycle drive wheel, and the correction jumper carried by the annual cycle correction wheel, in combination with the other limitations.
Regarding claim 4, the prior art does not show or suggest a correction star comprising 6 branches, in combination with the other limitations.
Regarding claim 5, the prior art does not show or suggest that correcting a member for indicating annual cycle periods using a winding stem changes the indexing between an annual cycle drive wheel and an annual cycle correction wheel in jumps, such that the member for indicating annual cycle periods is corrected in 30° jumps, in combination with the other limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schmidt (US 20120213037) discloses a timepiece comprising a day wheel with 31 indices ([0031]), a month wheel ([0032]), a leap year index wheel ([0032]) and a corrector mechanism connected to the month wheel ([0045]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew Hwang whose telephone number is (571)272-1191. The examiner can normally be reached M-F from 9:30-5:30 PT.
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/MATTHEW DANIEL HWANG/Examiner, Art Unit 2831
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