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 .
The amendments filed 4/20/26 do not overcome the rejections set forth in the office action mailed 1/20/26. The discussions of the rejections have been updated as necessitated by the amendments.
Claim Rejections - 35 USC § 103
Claims 1, 3-4, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kawaguchi (U.S. PG Pub. No. 2014/0377525).
In paragraph 17 Kawaguchi discloses an alkali-free glass having an Li2O+Na2O+K2O content of less than 0.2% (2000 ppm), within the range recited in claim 1. In paragraph 17 Kawaguchi further discloses that the glass comprises 60 to 70 mol% of SiO2, 9.5 to 17 mol% of Al2O3, 0 to 9 mol% of B2O3, 0 to 8 mol% of MgO, 2 to 15 mol% of CaO, 0.1 to 10 mol% of SrO, and 0.5 to 4 mol% of BaO, leading to an MgO+CaO+SrO+BaO concentration of 2.6 to 37 mol%, all within, overlapping, or encompassing the concentration ranges recited in amended claim 1, and leading to ranges of ratios encompassing the ranges recited in claim 1. In paragraphs 46-49 Kawaguchi discloses that MgO is particularly preferably present in 0 to 6 mol%, CaO is particularly preferably present in 2 to 11 mol%, SrO is particularly preferably present in 0.1 to 6 mol%, and BaO is particularly preferably present in 0.9 to 4 mol%, all within, overlapping or encompassing the claimed ranges and leading to a particularly preferred MgO+CaO+SrO+BaO concentration of 3 to 27 mol%, also encompassing the claimed range. In paragraphs 63-64 Kawaguchi discloses that the glass has a Young’s modulus and strain point in ranges encompassing the ranges recited in amended claim 1, and in paragraph 67 Kawaguchi discloses that the glass has a liquidus temperature within the range recited in claim 1. In paragraph 85 Kawaguchi indicates that the glass is formed into a sheet.
. In paragraph 21 Kawaguchi teaches that the glass is preferably substantially free of As2O3 or Sb2O3, meeting the limitations of claim 3. In paragraph 20 Kawaguchi discloses that the glass comprises 0.001 to 0.3 mol% of SnO2, within the range recited in claim 4. In paragraph 68 Kawaguchi discloses that the glass has an average thermal expansion coefficient meeting the limitations of claim 7. In paragraph 82 Kawaguchi discloses that the glass is used for an OLED display, as recited in claim 9.
The difference between Kawaguchi and the currently presented claims is that some of the ranges of Kawaguchi overlap or encompass the claimed ranges rather than falling within them. See MPEP 2144.05(I): “In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976);” "[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). Claims 1, 3-4, 7, and 9 are therefore rendered obvious by Kawaguchi.
Claims 1, 3-4, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Murata (U.S. PG Pub. No. 2014/0049708).
In paragraph 25 Murata discloses a glass substrate for a liquid crystal lens. In paragraph 26 Murata discloses that the glass substrate more preferably comprises 55 to 72 mol% of SiO2. In paragraph 25 Murata discloses that the glass substrate comprises 5 to 15 mol% of Al2O3. In paragraph 28 Murata discloses that the glass substrate suitably comprises 5 mol% or less of B2O3. In paragraph 29 Murata discloses that the glass substrate suitably comprises 6 mol% or more and particularly suitably 9 mol% or less of MgO. In paragraph 30 Murata discloses that the glass substrate suitably comprises 1.5 mol% or more and particularly suitably 8 mol% of CaO. In paragraph 32 Murata discloses that the glass substrate preferably contains 0 to 10 or 0 to 5 mol% of SrO. In paragraph 33 Murata discloses that the glass substrate suitably comprises 0.5 to 8 mol%, particularly suitably 2 to 3 mol%, of BaO. In paragraph 19 Murata discloses that the glass substrate is substantially free of Li2O, Na2O, and K2O, where substantially free refers to a content of less than 0.1 mol%. All the ranges discussed above fall within, overlap, or encompass the ranges recited in amended claim 1, and lead to sums and ratios at least overlapping the ranges of sums and ratios recited in amended claim 1. In particular, the total concentration of MgO, CaO, SrO, and BaO from the above-discussed ranges is 9.5 to 25 mol%, the molar ratio of B2O3 to the total of MgO, CaO, SrO, and BaO is 0 to about 0.53, the molar ratio of (B2O3+MgO)/SiO2 is about 0.08 (6/72) to about 0.25 (14/55), and the molar ratio of B2O3 to MgO is 0 to about 0.83, all encompassing the ranges recited in claim 1.
In paragraph 68 Murata discloses that the substrate can be formed into a sheet shape. In the tables following paragraph 73, Murata discloses numerous alkali-free glass substrates (examples 2, 4-5, and 30-35) having a Young’s modulus within the range recited in claim 1. While the examples of Murata have an Al2O3 content slightly below the lower bound of the range recited in the amended claims, the broader disclosure in paragraphs 25-26 of Murata discloses a concentration range overlapping the range recited in amended claim 1, and Murata indicates in paragraph 26 that the inclusion of Al2O3 enhances the Young’s modulus. In paragraph 62 Murata discloses that the glass substrates particularly preferably have a strain point of 730° C or more, encompassing the range recited in amended claim 1, and in paragraph 63 Murata discloses that the glass substrate preferably has a liquidus temperature of 1320° C or less, within the range recited in amended claim 1.
In paragraph 19 Murata discloses that the glass substrate is substantially free of As2O3 and Sb2O3, meeting the limitations of claim 3. In paragraph 40 Murata discloses that the glass substrate can comprise SnO2 in amounts within or overlapping the range recited in claim 4. In paragraph 61 Murata discloses that the glass substrate preferably has a thermal expansion coefficient within the range recited in claim 7. In paragraph 64 Murata discloses that the glass substrate preferably has a liquidus viscosity within the range recited in claim 8. In paragraph 22 Murata discloses that the glass substrate can be applied to a substrate for an OLED display, meeting the limitations of claim 9.
The difference between Murata and the currently presented claims is that some of the ranges of Murata overlap or encompass the claimed ranges rather than falling within them. See MPEP 2144.05(I): “In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976);” "[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003).
In light of the above, claims 1, 3-4, and 7-9 are rendered obvious by Murata.
Response to Arguments
Applicant's arguments filed 4/20/26 have been fully considered but they are not persuasive.
Applicant argues that the examples of Kawaguchi do not have the MgO+CaO+SrO+BaO concentration recited in amended claim 1. However, as discussed in the rejection, the broader disclosure of Kawaguchi discloses MgO, CaO, SrO, and BaO concentrations which yield a total concentration of 2.6 to 37 mol%, particularly preferably 3 to 27 mol%, encompassing the range recited in amended claim 1.
Applicant argues that the examples of Murata all contain at least 6 mol% of CaO, and that the disclosure of Murata teaches that the CaO concentration Is particularly suitably 5.5 to 8 mol%, outside the range recited in amended claim 1. However, as discussed in the rejection, paragraph 30 also recites broader suitable concentration ranges of CaO which encompass or overlap the range recited in the amended claims, rendering it obvious. Murata’s teaching of a particularly suitable lower bound of CaO content does not constitute a teaching away from the suitable lower bounds.
Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971).
Applicant also requests that the PG Publications corresponding to the co-pending applications cited in the double patenting rejections (now withdrawn) set forth in the office action mailed 7/22/25 be listed on a PTO-892. However, the double patenting rejections are based on the co-pending applications, not the PG Pubs thereof, and the double patenting rejections are not necessarily based on the claims recited in the PG Pubs, since the claims of the application are not static and can be amended after publication. The PG Pubs have not been cited during prosecution and therefore are not listed on a PTO-892.
Conclusion
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/JAMES C GOLOBOY/Primary Examiner, Art Unit 1771
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