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 with traverse of Group I, claims 78-94 in the reply filed on 10/30/2025 is acknowledged. The traversal is on the ground(s) that Groups I and IV-VIII have a priori unity of invention. This is not found persuasive because groups I and IV-VIII do not have a posteriori unity of invention for the reasons noted in the restriction requirement dated 09/24/2025. Applicant further argues the claims of all groups are sufficiently related such that a search of any one group would encompass a search of the subject matter in the remaining groups. Examiner respectfully disagrees for the reasons noted in the restriction requirement dated 09/24/2025.
The requirement is still deemed proper and is therefore made FINAL.
Claims 95-123 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/30/2025.
Claim Objections
Claims 78, 80, 81, and 94 are objected to because of the following informalities: claims 78, 80, 81, and 94 recite “comprises following components” which appears to be a potential typographical error that should instead recite “comprises the following components”. Appropriate correction is required.
Claim 90 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 90 is directed towards the microcrystalline glass product according to claim 78, wherein the microcrystalline glass product comprises a lithium phosphate crystal phase, and the lithium phosphate crystal phase accounts for 3-15% by weight of the microcrystalline glass product.
The closest prior art is Li et al. (US20200346969, hereinafter referred to as Li). Li does not disclose or make obvious a lithium phosphate crystal phase, and the lithium phosphate crystal phase accounts for 3-15% by weight of the microcrystalline glass product.
Claim Rejections - 35 USC § 112
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 80-82 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 80, Claim 80 at line 1 recites the limitation "the microcrystalline glass product". There is insufficient antecedent basis for this limitation in the claim.
All claims not specifically addressed are rejected due to their dependence on a rejected claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 78-79, 83-87, and 91-93 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (US20200346969, hereinafter referred to as Li).
Regarding claim 78, Li discloses a microcrystalline glass product (see Li at [0063], disclosing microcrystals), comprising following components in percentage by weight: SiO2: 45-70% (see Li at Table 1, Example 8, disclosing a glass comprising 51.2 mass% SiO2); Al2O3: 8-18% (see Li at Table 1, Example 8, disclosing a glass comprising 8.7 mass% Al2O3); Li2O: 10-25% (see Li at Table 1, Example 8, disclosing a glass comprising 17.4 mass% Li2O); ZrO2: 5- 15% (see Li at Table 1, Example 8, disclosing a glass comprising 9.5 mass% ZrO2); P2O5: 2-10% (see Li at Table 1, Example 8, disclosing a glass comprising 5.6 mass% P2O5); and Y2O3: greater than 0 but less than or equal to 8% (see Li at Table 1, Example 8, disclosing a glass comprising 3.9 mass% Y2O3).
Regarding claim 79, Li discloses further comprising the following components in percentage by weight: K2O: 0-5%; and/or MgO: 0-2%; and/or ZnO: 0-2%; and/or Na2O: 0-6%; and/or SrO: 0-5%; and/or BaO: 0-5%;and/or CaO: 0-5%; and/or TiO2: 0-5%; and/or B2O3: 0-5%; and/or Ln2O3: 0-5%; and/or a clarifying agent: 0-2%, wherein Ln2O3 is one or more of La2O3, Gd2O3, and Yb2O3, and the clarifying agent is one or more of Sb2O3, SnO2, SnO, CeO2, F, Cl, and Br (see Li at Table 1, Example 8, disclosing a glass comprising 1.9 wt.% K2O).
Regarding claim 83, Li discloses wherein the components are expressed in percentage by weight, and a content of each component satisfies more than one of following five situations: 1) Y2O3/ZrO2 is greater than 0; 2) (Li2O+ZrO2+P2O5)/Y2O3 is 2.5-50.0; 3) Al2O3/(Li2O+ZrO2+P2O5) is 0.16-0.9; 4) Na2O/Y2O3 is 6.0 or less; 5) Y2O3/(Al2O3+SiO2) is greater than 0 but less than or equal to 0.15 (see Li at Table 1 Example 8 disclosing 8.7% Al2O3, 17.4% Li2O, 9.5% ZrO2, and 5.6% P2O5 which provides for 8.7/(17.4+9.5+5.6)= 0.27 per (3). Additionally, 1.9% Na2O and 1.9% K2O provides for 1.9/1.9= 1 per (4).).
Regarding claim 84, Li discloses comprising the following components in percentage by weight: SiO2: 50-65%; and/or Al2O3: 8-15%; and/or Li2O: 13-22%; and/or ZrO2: 6-12%; and/or P2O5: 3.5-9%; and/or K2O:0-4%; and/or MgO: 0-1%; and/or ZnO: 0-1%; and/or Na2O: 1-5%; and/or Y2O3: 1-7%;and/or SrO: 0-3%; and/or BaO: 0-3%; and/or CaO: 0-3%; and/or TiO2: 0-3%; and/or B2O3: 0- 3%; and/or Ln2O3: 0-4%; and/or a clarifying agent: 0-1%, wherein Ln2O3 is one or more of La2O3, Gd2O3, and Yb2O3, and the clarifying agent is one or more of Sb2O3, SnO2, SnO, CeO2, F, Cl, and Br (see Li at Table 1 Example 8 disclosing 51.2 mass% SiO2).
Regarding claim 85, Li discloses wherein the components are expressed in percentage by weight, and a content of each component satisfies more than one of following five situations: 1) Y2O3/ZrO2 is 0.1-1.0; 2) (Li2O+ZrO2+P2O5)/Y2O3 is 3.0-40.0; 3) Al2O3/(Li2O+ZrO2+P2O5) is 0.18-0.6; 4) Na2O/Y2O3 is 0.1-5.0; 5) Y2O3/(Al2O3+SiO2) is 0.01-0.12 (see Li at Table 1 Example 8 disclosing 8.7% Al2O3, 17.4% Li2O, 9.5% ZrO2, and 5.6% P2O5 which provides for 8.7/(17.4+9.5+5.6)= 0.27 per (3). Additionally, 1.9% Na2O and 1.9% K2O provides for 1.9/1.9= 1 per (4).).
Regarding claim 86, Li discloses comprising the following components in percentage by weight: SiO2: 53-63%; and/or Al2O3: 8-12%; and/or Li2O: 14-21%; and/or ZrO2: 7-12%; and/or P2O5: 4-8%; and/or K2O:0-2%; and/or Y2O3: 2-6%; and/or B2O3: 0-2%; and/or Na2O: 1.5-4%; and/or SrO: 0-1%; and/or TiO2: 0-1%; and/or BaO: 0-1%; and/or CaO: 0-1%; and/or Ln2O3: 0-3%; and/or a clarifying agent: 0-0.5%, wherein Ln2O3 is one or more of La2O3, Gd2O3, and Yb2O3, and the clarifying agent is one or more of Sb2O3, SnO2, SnO, CeO2, F, Cl, and Br (see Li at Table 1 Example 8 disclosing 8.7% Al2O3).
Regarding claim 87, Li discloses wherein the components are expressed in percentage by weight, and a content of each component satisfies more than one of the following five situations: 1)Y2O3/ZrO2 is 0.2-0.6; 2) (Li2O+ZrO2+P2O5)/Y2O3 is 4.0-21.0; 3) Al2O3/(Li2O+ZrO2+P2O5) is 0.19-0.5; 4) Na2O/Y2O3 is 0.3-2.0; 5) Y2O3/(Al2O3+SiO2) is 0.03-0.09 (see Li at Table 1 Example 8 disclosing 8.7% Al2O3, 17.4% Li2O, 9.5% ZrO2, and 5.6% P2O5 which provides for 8.7/(17.4+9.5+5.6)= 0.27 per (3). Additionally, 1.9% Na2O and 1.9% K2O provides for 1.9/1.9= 1 per (4).).
Regarding claim 91, Li discloses wherein a surface stress of the microcrystalline glass product is 600 MPa or more; and/or a four-point bending strength is 600 MPa or more; and/or an ion-exchange layer depth is 20 µm or more; and/or a drop ball test height is 1300 mm or more; and/or a fracture toughness is 1 MPa*m1/2 or more; and/or a Vickers hardness is 700 kgf/mm2 or more; and/or a crystallinity is 50% or more; and/or a crystal grain size is 50 nm or less ; and/or a haze of the microcrystalline glass product with a thickness of 1 mm or less is 0.15% or less; and/or an average transmittance of the microcrystalline glass product with the thickness of 1 mm or less at a wavelength of 400-800 nm is 89% or more; and/or a transmittance of the microcrystalline glass product with the thickness of 1 mm or less at the wavelength of 550 nm is 91% or more; and/or an average light B value of the microcrystalline glass product with the thickness of 1 mm or less at 400-800 nm is 0.6 or less (see Li at Table 2 Example 8 disclosing a DOL of 120 µm.).
Regarding claim 92, Li discloses wherein a surface stress of the microcrystalline glass product is 700 MPa or more; and/or a four-point bending strength is 700 MPa or more; and/or an ion-exchange layer depth is 40 µm or more; and/or a drop ball test height is 1500 mm or more; and/or a fracture toughness is 1.2 MPa*m1/2 or more; and/or a Vickers hardness is 730 kgf/mm2 or more; and/or a crystallinity is 70% or more; and/or a crystal grain size is 30 nm or less ; and/or a haze of the microcrystalline glass product with a thickness of 1 mm or less is 0.1% or less; and/or an average light B value of the microcrystalline glass product with the thickness of 1 mm or less at 400-800 nm is 0.5 or less (see Li at Table 2 Example 8 disclosing a DOL of 120 µm.).
Regarding claim 93, Li discloses wherein the thickness of the microcrystalline glass product is 0.2-1 mm (see Li at the Abstract, disclosing a thickness of 0.8 mm).
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) 80-82, 88-89, and 94 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li.
Regarding claim 80, Li makes obvious the microcrystalline glass product, comprising following components: SiO2, Al2O3, Li2O, ZrO2, P2O5 and Y2O3 (see Li at the Abstract, disclosing a crystallized glass comprising SiO2, Al2O3, Li2O, ZrO2, P2O5. See also Li at [0129] disclosing Y2O3), wherein a crystal phase of the microcrystalline glass product comprises lithium monosilicate, the lithium monosilicate has a higher weight percentage than other crystal phases (see Li at [0066]-[0067], disclosing lithium metasilicate ... the crystallinity ... is preferably 70% or less. Examiner notes lithium metasilicate is lithium monosilicate).
Regarding claim 81, Li makes obvious comprising following components in percentage by weight: SiO2: 45-70%; and/or Al2O3:8-18%; and/or Li2O: 10-25%; and/or ZrO2: 5-15%; and/or P2O5: 2-10%; and/or Y2O3: greater than 0 but less than or equal to 8%; and/or K2O: 0-5%; and/or MgO: 0-2%; and/or ZnO: 0- 2%; and/or Na2O: 0-6%; and/or SrO: 0-5%; and/or BaO: 0-5%; and/or CaO: 0-5%; and/or TiO2: 0-5%; and/or B2O3: 0-5%; and/or Ln2O3: 0-5%; and/or a clarifying agent: 0-2%, wherein Ln2O3 is one or more of La2O3, Gd2O3, and Yb2O3, and the clarifying agent is one or more of Sb2O3, SnO2, SnO, CeO2, F, Cl, and Br (see Li at the Abstract, disclosing 45-74 mass% SiO2, 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).
Regarding claim 82, Li makes obvious wherein the components are expressed in percentage by weight, and a content of each component satisfies more than one of following five situations: 1) Y2O3/ZrO2 is greater than 0; 2) (Li2O+ZrO2+P2O5)/Y2O3 is 2.5-50.0; 3) Al2O3/(Li2O+ZrO2+P2O5) is 0.16-0.9; 4) Na2O/Y2O3 is 6.0 or less; 5) Y2O3/(Al2O3+SiO2) is greater than 0 but less than or equal to 0.15 (see Li at the Abstract, disclosing 1-30% Al2O3, 1-25% Li2O, 0-15% of SnO2 and/or ZrO2, 0-12% P2O5, 0-10% Na2O, 0-5% K2O. These ranges overlap with limitations (3) and (4). For example, the point 8.7% Al2O3, 17.4% Li2O, 9.5% ZrO2, and 5.6% P2O5 provides for 8.7/(17.4+9.5+5.6)= 0.27 per (3). Additionally, 1.9% Na2O and 1.9% K2O provides for 1.9/1.9= 1 per (4).).
Regarding claim 88, Li makes obvious wherein a crystal phase of the microcrystalline glass product mainly comprises lithium monosilicate; lithium monosilicate has a higher weight percentage than other crystal phases, and lithium monosilicate accounts for 10-63.5% by weight of the microcrystalline glass product (see Li at [0066]-[0067], disclosing lithium metasilicate ... the crystallinity ... is preferably 70% or less, which overlaps with the claimed range. Examiner notes lithium metasilicate is lithium monosilicate).
Regarding claim 89, Li makes obvious wherein a crystal phase of the microcrystalline glass product mainly comprises lithium monosilicate; lithium monosilicate has a higher weight percentage than other crystal phases, and lithium monosilicate accounts for 15-55% by weight of the microcrystalline glass product (see Li at [0066]-[0067], disclosing lithium metasilicate ... the crystallinity ... is preferably 70% or less, which overlaps with the claimed range. Examiner notes lithium metasilicate is lithium monosilicate).
Regarding claim 94, Li makes obvious wherein the microcrystalline glass product includes a colorant, the colorant comprises following components in percentage by weight: NiO: 0-4%; and/or Ni2O3: 0-4%; and/or CoO: 0-2%; and/or Co2O3: 0-2%; and/or Fe2O3: 0-7%; and/or MnO2: 0-4%; and/or Er2O3: 0-8%; and/or Nd2O3: 0-8%; and/or Cu2O: 0-4%; and/or Pr2O3: 0-8%; and/or CeO2: 0-4% (see Li at [0132]-[0133], disclosing a coloring component may be added. Preferable examples of coloring components include Co3O4, MnO2, Fe2O3, NiO, CuO, Cr2O3, V2O5, Bi2O3, SeO2, Er2O3, and Nd2O3. The content of the coloring components is preferably 1% or less in total, which overlaps with the claimed range.).
Conclusion
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CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731
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