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 .
The amendment filed on 22 July 2026 in response to the non-final rejection mailed on 07 April 2026 has been considered. Claim(s) 1 and 4-17 is/are pending. Claim(s) 2, 3, and 18 has/have been canceled. Claim(s) 1 and 4-17 has/have been examined in this action.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 4-6, 8, and 11-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2012/024114 A1 to Huffer et al. in view of DE 203 03 253 U1 to Hero-Glas (See Translation also) in view of WO 2009/007452 A1 to Goelff.
Regarding claim 1, Huffer et al. disclose a fire protection glazing comprising two adjacent glass panes (104, 106, Fig.4), a spacer (108), a fire protection material (102, 114; 102 formed from aluminum/steel is protection from fire; 114 filed with argon gas which serves fire protection), and a secondary seal (112) different from the spacer, the two adjacent glass panes being spaced apart from each other by the spacer (Fig.4; Paragraph [0036]), the fire protection material and the spacer being arranged in an intermediate space between the two adjacent glass panes (Fig.4), wherein the secondary seal encloses the fire protection material and the spacer in the intermediate space (Fig.4), wherein the fire protection glazing is free of adhesive between the glass panes and the spacer (Paragraph [0039], friction fitting); wherein the secondary seal adheres to the two adjacent glass panes and thereby bonds the two adjacent glass panes, spaced apart by the spacer, to each other in a fixed relative position (112; if the spacer is friction fit, then the seal 112 secures the glass panes to one another).
Huffer et al. do not disclose wherein the secondary seal has an intumescent fire protection property and a cooling fire protection property.
Hero-Glas discloses disclose wherein the secondary seal has an intumescent fire protection property (Page 3, lines 30-32 of Translation).
Goelff discloses wherein the secondary seal has a cooling fire protection property (Page 2, Final paragraph – Page 3, First paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the seal of Huffer et al. having both intumescent and endothermic properties as taught by Hero-Glas and Goelff so to provide the window glazing with the ability to combat a fire, but not only providing foam of the edge seal, but also providing cooling effects, thereby aiding in the prevent of the fire spreading.
Regarding claim 4, Huffer et al. disclose wherein the secondary seal is designed as a single element (Paragraph [0039]).
Regarding claim 5, Huffer et al. disclose wherein, the fire protection material (102, gas in 114), the spacer (108), and the secondary seal (112) are arranged in the intermediate space between the two adjacent glass panes, and no other element is arranged in the intermediate space between the two adjacent glass panes (Fig.4).
Regarding claim 6, wherein the secondary seal (112) is arranged in a region of the intermediate space adjacent to end faces of the two adjacent glass panes (Fig.4).
Regarding claim 8, Hero-Glas discloses wherein the secondary seal comprises an organic material (expandable graphite) which intumesces when a temperature rises during a fire to achieve at least part of the intumescent fire protection property of the secondary seal.
Regarding claim 11, Hero-Glas discloses wherein the organic material in the secondary seal is intumescent during a temperature rise in a fire due to a physical reaction of the organic material (expandable graphite).
Regarding claim 12, Hero-Glas discloses wherein the secondary seal comprises exfoliated graphite (expandable graphite).
Regarding claim 13, Hero-Glas in view of Goelff discloses both intumescent additives and endothermic additives within a butyl rubber material, Hero-Glas teaches using expandable graphite which releases gas when encountering the heat from a fire. Goelff does not disclose using a specific endothermic material, but endothermic additives are known to typically involve releasing a gas or a liquid when undergoing a change due to the temperature change from a fire.
Although Goelff does not specifically teach a material which releases gas during a fire to achieve at least part of the cooling fire protection property of the secondary seal, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have used a material which releases a gas during a fire thereby enabling the material to absorb heat from the fire and aide in suppressing the fire.
Regarding claim 14, Hero-Glas discloses wherein the secondary seal releases gas during a fire due to decomposition of the material of the secondary seal (expanded graphite releases gas due to chemical composition decomposition when subjected to a fire).
Regarding claim 15, Hero-Glas discloses wherein the secondary seal releases gas during a fire due to decomposition of the material of the secondary seal (expanded graphite releases gas due to chemical composition decomposition when subjected to a fire). As discussed above, Goelff does not specifically teach which endothermic material is used, but providing an endothermic material which reacts due different temperatures will aide in battling a fire at different points during the fires life cycle (i.e. having an intumescent material which expands to block the fire, and then following with an endothermic material which suppresses the fire, will add to the effectiveness of the sealant material).
Regarding claim 16, Although Goelff does not disclose the specific endothermic additive, Goelff does teach providing an endothermic material which, during a fire, absorbs thermal energy to achieve at least part of the cooling fire protection property of the secondary seal (endothermic materials absorb heat from a fire which causes the cooling effect).
Regarding claim 17, Hero-Glas in view of Goelff disclose wherein the secondary seal comprises a synergistic material (intumescent and endothermic materials are more effective when used together).
Claim(s) 7, 9, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2012/024114 A1 to Huffer et al. in view of DE 203 03 253 U1 to Hero-Glas (See Translation also) in view of WO 2009/007452 A1 to Goelff in view of EP 1 205 524 A2 Poehlman (See Translation).
Regarding claim 7, Huffer et al. in view of Hero-Glas discloses the secondary seal having an intumescent material but does not specifically disclose wherein the seal comprises inorganic material.
Poehlman discloses forming intumescent seals for sealing glazings, the seals having an inorganic material (Page 2, line 41 – Page 3, line 2 and Page 5, lines 21-22) which intumesces when a temperature rises in the event of a fire and in this manner achieves at least part of the intumescent fire protection property of the secondary seal, but does not specifically disclose wherein the inorganic material is alkali silicate.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the secondary seal of Huffer et al. having an inorganic intumescent material so to effectively seal the glazing and providing a known intumescent material to aid in fire protection. Choosing an intumescent material may come down to cost, availability, cohesiveness with other materials, etc. and would have been an obvious choice to one of ordinary skill in the art without yielding unexpected results. Alkali silicate is a notoriously well-known material with intumescent properties, and therefore would have been an obvious choice for use in the formation of the second seal material of Huffer et al.
Regarding claim 9, Huffer et al. in view of Hero-Glas specifically teaches expandable graphite which is an organic material which undergoes a physical reaction. Hero-Glas does not specifically disclose wherein the organic material in the secondary seal is intumescent in case of a temperature rise in a fire due to a chemical reaction of the organic material.
Poehlman discloses wherein the organic material in the secondary seal is intumescent in case of a temperature rise in a fire due to a chemical reaction of the organic material (Abstract; Page 2, lines 23-48; Page 5, Claims, lines 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the secondary seal of Huffer et al. in view of Hero-Glas having an organic intumescent material which has a chemical reaction so to effectively seal the glazing and providing a known intumescent material to aid in fire protection. Choosing an intumescent material may come down to cost, availability, cohesiveness with other materials, etc. and would have been an obvious choice to one of ordinary skill in the art without yielding unexpected results.
Regarding claim 10, Poehlman discloses wherein the organic material is intumescent due to a chemical reaction comprises the following materials: an acid source, a char former, a blowing agent, and a binder for binding the acid source, char former, and blowing agent (Page 2, Paragraph 4, 5, 6; Page 3, Paragraph 1-2, 4, and 7).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection relies on a new base reference.
Applicant provides arguments directed to Huffman et al. (the new primary reference) citing non-analogous art since the Huffman is directed to an insulating glass unit and does not provide disclosure relating to fire protection. This is not found to be persuasive. Huffer et al. is directed to a glazing having most of the recited structure taught. Huffer lacks a seal having certain fire properties. Seals containing fire additives and having specific fire properties are well known in the art. One of ordinary skill in the art would be capable of adding fire protection to window glazing and further would be interested in adding fire protection to glazing so to increase the areas of use of the glazing and providing protection to the interior of the buildings due to emergencies and fire situations.
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.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
