RESPONSE TO AMENDMENT
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 .
Claims 1-8, 10-11 and 14-18 are pending in the application. Claims 9, 12, 13, 19 and 20 are cancelled.
REJECTIONS REPEATED
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-8, 10, 11, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ganjoo et al. (US PG Pub 2019/0248701).
Regarding Applicant’s claims 1-3, 10 and 11, Ganjoo discloses a coated article (title) for solar control (para. [0002]). The article comprises a substrate (glass substrate) and a functional coating (functional layer) applied over the first surface or the second surface of the substrate (para. [0066]), wherein the coated article is temperable (para. [0023]).
The functional coating comprises a blocking layer, a metallic layer comprising silver over at least a portion of the blocking layer and a top layer over at least a portion of the metallic layer (para. [0066] and Example 6 table).
The blocking layer comprises a first film (optional primer layer, para. [0037]), a second film (zinc stannate film, para. [0066]) over at least a portion of the first film, and a third film (zinc oxide film, para. [0066]) over at least a portion of the second film (Example 6 table).
Ganjoo discloses the optional primer layer is disposed under the first film of the dielectric layer, i.e. between the zinc stannate film and the glass substrate (para. [0037], Example 6 table, figure 4b), therefore it is indirect contact with at least a portion of the substrate. The optional primer layer is selected from the group consisting of silicon oxide or silicon oxynitride (para. [0037]). The optional primer layer is considered to be a blocking film because it comprises the same material, e.g. silicon oxide or silicon oxynitride.
The optional primer layer comprises a total thickness of 5 Å to 50 Å, which overlaps the claimed thickness range of 50 Å to 350 Å. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05 I.
Regarding Applicant’s claims 4 and 5, Ganjoo does not explicitly teach the blocking film (primer layer) comprises silicon aluminum oxide or silicon aluminum oxynitride.
Ganjoo discloses that the primer layer may comprise aluminum, silicon oxide or silicon oxynitride and mixtures thereof (para. [0037]). Ganjoo further discloses doping silicon oxide or silicon oxynitride with aluminum improves sputtering of the material (para. [0039]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to use silicon aluminum oxide or silicon aluminum oxynitride as the blocking film/primer layer of Ganjoo. One of ordinary skill in the art would have be motivated to use silicon aluminum oxide or silicon aluminum oxynitride because of the improved sputterability of the material.
Regarding Applicant’s claim 6, Ganjoo teaches that that silicon aluminum oxide or silicon aluminum oxynitride layers can comprise from 0.1-99.9% O with from 99.9% to 0.1 N (para. [0042]), which overlaps the claimed range of 0% to 50% oxygen to 100% to 50% nitrogen.
Regarding Applicant’s claim 7, Ganjoo teaches that that silicon aluminum oxide or silicon aluminum oxynitride layers can comprise up to 20 wt% aluminum and implicitly teaches silicon 80 wt% or more (para. [0039]), which overlaps the claimed ranges.
Regarding Applicant’s claim 8, Ganjoo teaches that silicon oxynitride layers have a refractive index of 1.4-2.3 (para. [0044]).
Regarding Applicant’s claim 14, Ganjoo discloses the coated article further comprises a first primer layer formed over the metallic layer (para. [0066]). The primer layer comprises titanium or titanium aluminide (Example 6 table).
Regarding Applicant’s claim 15, Ganjoo discloses the coated article further comprises a protective coating of TiAlO (Example 6 table).
Claims 16-18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Ganjoo et al. (US PG Pub 2019/0248701) as applied above, and further in view of Medwick et al. (US PG Pub 2016/0223729)
Ganjoo is relied upon as described above.
Ganjoo fails to disclose the additional layers in claims 16-18.
Medwick discloses a solar control coating having at least four metal functional layers which provides enhanced solar control and/or aesthetic performance compared to conventional solar control coatings. The coating also has a lower solar heat gain coefficient and a higher light to solar gain ratio compared to conventional solar control coatings (para. [0007] and [0008]).
The solar control coating (figure 3) comprising:
a glass substrate (para. [0040], ref. #12),
a first phase adjustment layer (para. [0051], ref. #40) comprising:
a first film of zinc stannate (para. [0052], ref. #42),
a second film of zinc oxide (para. [0053], ref. #44),
a metallic layer comprising silver (1st metal functional layer, para. [0039] and [0058], ref. #46),
a first middle layer (2nd phase adjustment layer, para. [0039], ref. #50),
a second metallic layer (2nd metal functional layer, para. [0039], ref. #58),
an optional second primer layer (para. [0039], ref. #60),
a second middle layer (3rd phase adjustment layer, para. [0039], ref. #62),
a third metallic layer (3rd metal functional layer, para. [0039], ref. #70),
an optional third primer layer (para. [0039], ref. #72),
a third middle layer (4th phase adjustment layer, para. [0039], ref. #74),
a fourth metallic layer (4th metal functional layer, para. [0039], ref. #82),
an optional fourth primer layer (para. [0039], ref. #84),
a fourth middle layer (5th phase adjustment layer, para. [0121], ref. #86), and
a top layer (protective layer, para. [0128], ref. #92).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the additional middle layers, metallic layers and primer layers to Ganjoo as taught by Medwick. On of ordinary skill would be motivated to add the additional layers in order to lower solar heat gain coefficient and higher light to solar gain ratio of Ganjoo’s solar control coating.
Claims 1-8, 10, 11, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ganjoo et al. (US PG Pub 2019/0248701) in view of Moens et al. (WO 2012/013787).
Regarding Applicant’s claims 1-3, 10 and 11, Ganjoo discloses a coated article (title) for solar control (para. [0002]). The article comprises a substrate (glass substrate) and a functional coating (functional layer) applied over the first surface or the second surface of the substrate (para. [0066]), wherein the coated article is temperable (para. [0023]).
The functional coating comprises a blocking layer, a metallic layer comprising silver over at least a portion of the blocking layer and a top layer over at least a portion of the metallic layer (para. [0066] and Example 6 table).
The blocking layer comprises a first film (optional primer layer, para. [0037]), a second film (zinc stannate film, para. [0066]) over at least a portion of the first film, and a third film (zinc oxide film, para. [0066]) over at least a portion of the second film (Example 6 table).
Ganjoo discloses the optional primer layer is disposed under the first film of the dielectric layer, i.e. between the zinc stannate film and the glass substrate (para. [0037], Example 6 table, figure 4b), therefore it is in direct contact with at least a portion of the substrate. The optional primer layer is selected from the group consisting of silicon oxide or silicon oxynitride (para. [0037]). The optional primer layer is considered to be a blocking film because it comprises the same material, e.g. silicon oxide or silicon oxynitride.
The optional primer layer comprises a total thickness of 5 Å to 50 Å, which overlaps the claimed thickness range of 50 Å to 350 Å.
In the alterative, Ganjoo does not explicitly teach that the blocking film/primer layer in direct contact with at least a portion of the substrate or a thickness of blocking film/primer layer above 50 Å.
Moens discloses an interference-colored coating which contributes to the optical properties of the material, e.g. solar control properties (para. [0007] and [0008]). The panel comprises a glass sheet (ref. #1, figure 3), adhesion improving coating comprising a transparent dielectric material (ref. #7, figure 3), a first transparent coating of a dielectric material (ref. #2, figure 3), semi-transparent functional coating (ref. #3, figure 3), a second transparent coating of a dielectric material (ref. #4, figure 3), etc. The first transparent coating of a dielectric material can comprise zinc or tin oxides (para. [0039]). The adhesion improving coating, i.e. primer layer, comprising a transparent dielectric material is preferably selected from silicon oxide or silicon oxynitride which helps reduce or even prevent micro-crevices appearing during processing (para. [0057]). The adhesion improving coating has a preferred thickness of 150 Å – 300 Å (15 nm to 30 nm, para. [0057]) and refractive index of 1.4 to 1.65 (para. [0057]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use the blocking film/primer layer of Ganjoo directly between the substrate and the second film as taught by Moens. One of ordinary skill in the art would be motivated to do so to improve adhesion between the substrate and the second film, and reduce or even prevent micro-crevices appearing during processing.
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to make the blocking film/primer layer of Ganjoo a thickness of 150 Å – 300 Å as taught by Moens, because where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. MPEP 2144.05 II A.
Regarding Applicant’s claims 4 and 5, Ganjoo does not explicitly teach the blocking film (primer layer) comprises silicon aluminum oxide or silicon aluminum oxynitride.
Ganjoo discloses that the primer layer may comprise aluminum, silicon oxide or silicon oxynitride and mixtures thereof (para. [0037]). Ganjoo further discloses doping silicon oxide or silicon oxynitride with aluminum improves sputtering of the material (para. [0039]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to use silicon aluminum oxide or silicon aluminum oxynitride as the blocking film/primer layer of Ganjoo. One of ordinary skill in the art would have be motivated to use silicon aluminum oxide or silicon aluminum oxynitride because of the improved sputterability of the material.
Regarding Applicant’s claim 6, Ganjoo teaches that that silicon aluminum oxide or silicon aluminum oxynitride layers can comprise from 0.1-99.9% O with from 99.9% to 0.1 N (para. [0042]), which overlaps the claimed range of 0% to 50% oxygen to 100% to 50% nitrogen.
Regarding Applicant’s claim 7, Ganjoo teaches that that silicon aluminum oxide or silicon aluminum oxynitride layers can comprise up to 20 wt% aluminum and implicitly teaches silicon 80 wt% or more (para. [0039]), which overlaps the claimed ranges.
Regarding Applicant’s claim 8, Ganjoo teaches that silicon oxynitride layers have a refractive index of 1.4-2.3 (para. [0044]).
Regarding Applicant’s claim 14, Ganjoo discloses the coated article further comprises a first primer layer formed over the metallic layer (para. [0066]). The primer layer comprises titanium or titanium aluminide (Example 6 table).
Regarding Applicant’s claim 15, Ganjoo discloses the coated article further comprises a protective coating of TiAlO (Example 6 table).
Claims 16-18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Ganjoo et al. (US PG Pub 2019/0248701) in view of Moens et al. (WO 2012/013787) as applied above, and further in view of Medwick et al. (US PG Pub 2016/0223729)
Ganjoo and Moens are relied upon as described above.
Ganjoo and Moens fail to disclose the additional layers in claims 16-18.
Medwick discloses a solar control coating having at least four metal functional layers which provides enhanced solar control and/or aesthetic performance compared to conventional solar control coatings. The coating also has a lower solar heat gain coefficient and a higher light to solar gain ratio compared to conventional solar control coatings (para. [0007] and [0008]).
The solar control coating (figure 3) comprising:
a glass substrate (para. [0040], ref. #12),
a first phase adjustment layer (para. [0051], ref. #40) comprising:
a first film of zinc stannate (para. [0052], ref. #42),
a second film of zinc oxide (para. [0053], ref. #44),
a metallic layer comprising silver (1st metal functional layer, para. [0039] and [0058], ref. #46),
a first middle layer (2nd phase adjustment layer, para. [0039], ref. #50),
a second metallic layer (2nd metal functional layer, para. [0039], ref. #58),
an optional second primer layer (para. [0039], ref. #60),
a second middle layer (3rd phase adjustment layer, para. [0039], ref. #62),
a third metallic layer (3rd metal functional layer, para. [0039], ref. #70),
an optional third primer layer (para. [0039], ref. #72),
a third middle layer (4th phase adjustment layer, para. [0039], ref. #74),
a fourth metallic layer (4th metal functional layer, para. [0039], ref. #82),
an optional fourth primer layer (para. [0039], ref. #84),
a fourth middle layer (5th phase adjustment layer, para. [0121], ref. #86), and
a top layer (protective layer, para. [0128], ref. #92).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the additional middle layers, metallic layers and primer layers to Ganjoo as taught by Medwick. On of ordinary skill would be motivated to add the additional layers in order to lower solar heat gain coefficient and higher light to solar gain ratio of Ganjoo’s solar control coating.
ANSWERS TO APPLICANT’S ARGUMENTS
Applicant’s arguments in the response filed September 25, 2025 regarding the 103 rejections of record have been carefully considered but are deemed unpersuasive.
Applicant argues that Ganjoo discloses positioning the optional primer layer un he uppermost dielectric layer, NOT uder the first dielectric layer or I direct contact with the substrate and refers to Figures 3 and 4B.
The prior art must be considered in its entirety. Figures 3 and 4B are merely representative embodiments.
At paragraph [0037] of Ganjoo, it states that the optional primer layer is disposed under and in direct contact with the first film. Example 6 on paragraph [0066] indicates that the first film is disposed over the substrate, thus when a primer layer is used it would be under the first film and above the substrate. Furthermore, at paragraph [0054] Ganjoo teaches that the coated article may comprise multiple primer layers at different locations.
Applicant argues that neither Medwick nor Moens cure the deficiencies of Ganjoo.
One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. MPEP 2145 IV. The office action on page 7 presented in the alterative that Ganjoo did not explicitly disclose the primer layer between the first film and substrate Moens does. Applicant has not addressed this combination of references.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/Alicia Chevalier/Supervisory Patent Examiner, Art Unit 1788 1/9/2025