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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1-9 in the reply filed on 12/22/2025 is acknowledged.
Claims 10-14 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/22/2025.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoji et al. (JP2013203554A with reference to machine translation, first cited in the restriction requirement dated 11/12/2025, hereinafter referred to as Shoji).
Regarding claim 1, Shoji discloses a porous glass member (see Shoji at the Abstract, disclosing a porous glass molded body) containing, in terms of % by mass, over 0% ZrO2+TiO2+Al2O3+BeO+Cr2O3+Ga2O3+CeO2 (See Shoji at the Abstract, disclosing 0-10 wt.% of Al2O3, which overlaps with the claimed range.) In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
While Shoji does not explicitly disclose a light transmittance of over 1% at any one of wavelengths from 200 to 2600 nm at a thickness of 0.5 mm, Shoji at Fig. 3 and the last two paragraphs of page 3 from the machine translation shows a transmittance of over 90% at 500nm for a glass with a thickness of 0.3 mm. A transmittance of over 90% at 500nm for a glass with a thickness of 0.3 mm would inherently possess a light transmittance of over 1% at any one of wavelengths from 200 to 2600 nm at a thickness of 0.5 mm. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established (see MPEP 2112.01(I) first paragraph).
Regarding claim 2, Shoji discloses containing over 0% by mass ZrO2+TiO2+Al2O3 (See Shoji at the Abstract, disclosing 0-10 wt.% of Al2O3, which overlaps with the claimed range.).
Regarding claim 3, while Shoji does not explicitly disclose a light transmittance of over 1% at any one of wavelengths from 350 to 800 nm at a thickness of 0.5 mm, Shoji at Fig. 3 and the last two paragraphs of page 3 from the machine translation shows a transmittance of over 90% at 500nm for a glass with a thickness of 0.3 mm. A transmittance of over 90% at 500nm for a glass with a thickness of 0.3 mm would inherently possess a light transmittance of over 1% at any one of wavelengths from 350 to 800 nm at a thickness of 0.5 mm.
Regarding claim 4, while Shoji does not explicitly disclose a light transmittance of over 1% at any one of wavelengths from 350 to 450 nm at a thickness of 0.5 mm, Shoji at Fig. 3 and the last two paragraphs of page 3 from the machine translation shows a transmittance of over 90% at 450nm for a glass with a thickness of 0.3 mm. A transmittance of over 90% at 500nm for a glass with a thickness of 0.3 mm would inherently possess a light transmittance of over 1% at any one of wavelengths from 350 to 450 nm at a thickness of 0.5 mm.
Regarding claim 5, while Shoji does not explicitly disclose a light transmittance of 0.1% or more at a wavelength of 400 nm at a thickness of 0.5 mm, Shoji at Fig. 3 and the last two paragraphs of page 3 from the machine translation shows a transmittance of over 80% at 400nm for a glass with a thickness of 0.3 mm. A light transmittance of 0.1% or more at a wavelength of 400 nm at a thickness of 0.5 mm would inherently possess a light transmittance of over 1% at any one of wavelengths from 350 to 450 nm at a thickness of 0.5 mm.
Regarding claim 6, while Shoji does not explicitly disclose a scaffold diameter of 1 to 45 nm, the glass of Shoji is made by a method substantially identical to the instantly disclosed method at [0042] of the instant PGPub, which states the porous glass according to the present invention can be obtained, for example, by thermally treating a glass base material to separate it into two phases: a silica-rich phase and a boron oxide-rich phase, and removing the boron oxide-rich phase with an acid. At the fourth paragraph under the description of page 2 from the machine translation, Shoji teaches a technique for obtaining a molded body in which porous glass is subjected to phase separation treatment by heating, and then acid-treated to make the glass layer porous. Shoji discloses an acid treatment at the acid treatment section of page 4 from the machine translation. Additionally, the instant composition as detailed by the Abstract for a glass member contains, in terms of % by mass, over 0% ZrO2+TiO2+Al2O3+BeO+Cr2O3+Ga2O3+CeO2 is substantially identical to the composition at the Abstract from the machine translation of Shoji which discloses main material includes 40-75 wt.% of SiO2 and 10-30 wt.% of B2O3. Glass as a raw material is obtained by adding 0-10 wt.% of Al2O3, 0-5 wt.% of CaO, 0-10 wt.% of Na2O and 0-15 wt.% of K2O to the main material. The instant specification at [0014]-[0016] of the instant PGPub also discloses the scaffold diameter is a function of the pore diameter and the porosity. Because the glass of Shoji is treated by an acid etching process substantially identical to the instant process as detailed above, and the composition of Shoji is substantially identical to the instantly disclosed composition as detailed above, the glass of Shoji would inherently possess a porosity substantially identical to the instant porosity. Furthermore, instant claim 8 discloses a pore diameter of 1 to 50 nm, which is substantially identical to Shoji at the Abstract disclosing a pore size of 30 nm. As such, because the porosity and pore diameter of Shoji are substantially identical to the instant porosity and pore diameter, the glass of Shoji would inherently possess the claimed scaffold diameter.
Regarding claim 7, Shoji discloses containing, in terms of % by mass, 50 to less than 100% SiO2 (see Shoji at the Abstract, disclosing 40-75 wt.% of SiO2, which is within the claimed range.), over 0 to 30% ZrO2 (Shoji does not disclose ZrO2, which corresponds to 0% ZrO2, which is within the claimed range.), and 0 to 20% Al2O3 (See Shoji at the Abstract, disclosing 0-10 wt.% of Al2O3, which overlaps with the claimed range.).
Regarding claim 8, Shoji discloses having a pore diameter of 1 to 50 nm (See Shoji at the Abstract, disclosing a pore size is 30 nm or less, which overlaps with the claimed range).
Regarding claim 9, while Shoji does not explicitly disclose the porous glass being applied for sensing using an absorbance change at a wavelength of 350 to 450 nm, Examiner notes a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim (See MPEP 2114(II)). In the instant case of claim 9, being applied for sensing using an absorbance change at a wavelength of 350 to 450 nm does not differentiate the claimed glass from the glass of Shoji because the glass of Shoji teaches all of the structural limitations of the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMERON K MILLER whose telephone number is (571)272-4616. The examiner can normally be reached M-F 8:00am - 5:00pm EST.
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CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731