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 .
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.
Claim 12 is 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.
Claim 12 contains the limitation “the light modulating cell” which lacks proper antecedent basis. As such, it is unclear from the claim as written what “the light modulating cell” refers to and how it relates to the rest of the 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 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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by, or in the alternative, under 35 U.S.C. 103 as being unpatentable over WO 2016043164 (herein WO ‘164, see attached).
Per claim 1, WO ‘164 teaches a manufacturing method comprising preparing a first laminated body including a first glass sheet (16) and a second glass sheet (18), a second interlayer and light modulating cell (see abstract), both of which are laminated (see pages 1-2 of the attached translation), and adhering (bonding) both sides of a spacer to join a first glass sheet (16) and a second glass sheet (18).
Per claims 2-3, WO ‘164 teaches bonding the glass plates and therefore the laminated bodies via sealant (see section [Multilayer glass 12]).
Per claim 4, WO ‘164 teaches that laminated glass is composted of a single glass plate and an interlayer plate (see section [Multilayer glass 12]).
Per claims 5-6, WO ‘164 teaches all the limitations of claim 2-4 above, additionally teaching that a heat ray reflective film is formed on the surface of the glass plate (see page 2).
Per claims 7, 9-10, 13-15, WO ‘164 teaches several different optically transparent adhesives including urethane which is a resin.
Per claim 8, WO ‘164 teaches inclusion of an optical film that reduces glare and reduces passage of external light (abstract).
Per claim 11, WO ‘164 teaches that the film is placed atop the intermediate layer on the glass sheet (see pages 2-3).
Per claim 12, WO ‘164 teaches a light modulating film (page 1) (interpreted as a light modulating cell, see 112, 2nd paragraph rejection above).
Per claims 1-15, WO ‘164 teaches all the limitations and structures as claimed. However, in the case that WO ‘164 is unclear as to the specifics of which layers are bonded using the adhesive sealant, it would have been obvious to one of ordinary skill in the art to have utilized the resin sealant as disclosed by WO ‘164 to bond any interlayers or films as desired to the first and/or second glass sheet with a reasonable expectation for success and predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN T. LEONG whose telephone number is (571)270-5352. The examiner can normally be reached M-F 10:00-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at (571) 272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN T LEONG/Primary Examiner, Art Unit 1715