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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 49 and 50 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. There is no support for newly added claim 50 for
“the method further comprising, prior to replacing the first pair of quench modules with the first and second pair of quench modules arranged as the third pair of quench modules to establish the second configuration, selecting the first and second pair of quench modules to be arranged as the third pair of quench modules such that, in the second configuration, the quench surfaces of the quench modules of the first and second blasthead approximate the shape of the third sheet of glass”
There is no support in the specification for selecting quench modules and their arrangement for the second configuration approximate a shape of the third glass and applicant has not pointed to any. How is the deviation determined and how are the subsequent modules selected?
Or claim 49 on how to determine the deviation is used to select a different pair of first and second quench modules
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 27 and 50 are rejected as being indefinite for stating “a predetermined tolerance for which the first configuration of the quench box is capable of achieving acceptable tempering”. Both “a predetermined tolerance” and “acceptable tempering” are relative terms which renders the claim indefinite. The terms are 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. Page 14 of the remarks filed 07/21/2026 state the concept of “adequate tempering” is described in the present application published as WO2021209761. The sections cited by Applicant are included herein below for ease:
The present inventors have found that for a given positional tolerance region from the optimum tempering as defined by surfaces 37”’ and 39’”, glass sheets having different shapes may be adequately tempered between the upper and lower blastheads
And Applicant points to Fig 9-10 for a predetermined tolerance. There is nothing in the specification or the claim that clearly defines said, “predetermined tolerance” or what is determined “acceptable tempering” for the purpose of this examination any tempering is considered to be adequate tempering.
Claims 29-31, 36-38, 41, 43, 45-50 are rejected for at least being dependent from claim 27
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 27, 29-31, 36-38, 41, 43, 45-48
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JODI COHEN FRANKLIN whose telephone number is (571)270-3966. The examiner can normally be reached Monday-Friday 8 am-4 pm.
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JODI COHEN FRANKLIN
Primary Examiner
Art Unit 1741
/JODI C FRANKLIN/Primary Examiner, Art Unit 1741
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