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 § 102
(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) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grabowski et al. (US4584279, hereinafter referred to as Grabowski).
Regarding claim 1, Grabowski discloses an optical glass (see Grabowski at the Abstract, disclosing an optical glass), wherein components thereof are represented by weight percentage, comprising: 1-12% of SiO2 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 5.5 wt.% SiO2); 3-18% of B2O3 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 5 wt.% B2O3); 45-65% of La2O3 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 48 wt.% La2O3); 1-13% of Y2O3 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 8.5 wt.% Y2O3); 1-13% of ZrO2 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 6.4 wt.% ZrO2); 3-18% of Nb2O5 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 9.5 wt.% Nb2O5); 5-20% of TiO2 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 10.5 wt.% TiO2); 0-8% of Gd2O3 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 0% Gd2O3); 0-8% of ZnO (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 0% ZnO), (Gd2O3+ZnO)/Y2O3 is below 0.5 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 0% Gd2O3, 0% ZnO, and 8.5 wt.% Y2O3, providing a ratio of 0).
Regarding claim 2, Grabowski discloses wherein components thereof are represented by weight percentage, further comprising: 0-8% of Ta2O5; and/or 0-8% RO; and/or 0-8% of Rn2O; and/or 0-6% of WO3; and/or 0-8% Al2O3; and/or 0-10% Yb2O3; and/or 0-5% of GeO2; and/or 0-1% of clarifying agent; the RO is one or more of MgO, CaO, SrO, and BaO, the Rn2O is one or more of Li2O, Na2O, and K2O, and the clarifying agent is one or more of Sb2O3, SnO, SnO2, and CeO2 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 0% WO3).
Regarding claim 3, Grabowski discloses wherein components thereof are represented by weight percentage, and one or more of the following 6 conditions are satisfied: 1) (Ta2O5+Gd2O3) /Y2O3 is below 1.0; 2) La2O3/(RO+Nb2O5+Gd2O3) is 3.0-14.0; 3) (WO3+Gd2O3) /TiO2 is below 2.0; 4) La2O3/(Y2O3+Al2O3) is 4.0-30.0; 5) La2O3/(Ta2O5+Nb2O5) is 3.0-15.0; 6) (SiO2+B2O3)/Nb2O5 is 0.5-5.0, and the RO is one or more of MgO, CaO, SrO, and BaO (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 0% WO3, 0% Gd2O3, and 10.5 wt.% TiO2 for a ratio of (WO3+Gd2O3) /TiO2 of 0).
Regarding claim 4, Grabowski discloses wherein components thereof are represented by weight percentage, and one or more of the following 6 conditions are satisfied: 1) (Ta2O5+Gd2O3) /Y2O3 is below 0.8; 2) La2O3/(RO+Nb2O5+Gd2O3) is 4.0-12.0; 3) (WO3+Gd2O3) /TiO2 is below 1.5; 4) La2O3/(Y2O3+Al2O3) is 5.0-20.0; 5) La2O3/(Ta2O5+Nb2O5) is 4.0-10.0; 6) (SiO2+B2O3)/Nb2O5 is 0.8-3.5, and the RO is one or more of MgO, CaO, SrO, and BaO (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 0% WO3, 0% Gd2O3, and 10.5 wt.% TiO2 for a ratio of (WO3+Gd2O3) /TiO2 of 0).
Regarding claim 5, Grabowski discloses wherein components thereof are represented by weight percentage, and one or more of the following 6 conditions are satisfied: 1) (Ta2O5+Gd2O3) /Y2O3 is below 0.5; 2) La2O3/(RO+Nb2O5+Gd2O3) is 5.0-9.0; 3) (WO3+Gd2O3) /TiO2 is below 1.0; 4) La2O3/(Y2O3+Al2O3) is 7.0-15.0; 5) La2O3/(Ta2O5+Nb2O5) is 5.0-8.0; 6) (SiO2+B2O3)/Nb2O5 is 1.0-2.5, and the RO is one or more of MgO, CaO, SrO, and BaO (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 0% WO3, 0% Gd2O3, and 10.5 wt.% TiO2 for a ratio of (WO3+Gd2O3) /TiO2 of 0).
Regarding claim 6, Grabowski discloses wherein components thereof are represented by weight percentage, and one or more of the following 7 conditions are satisfied:1) (Ta2O5+Gd2O3) /Y2O3 is below 0.2; 2) La2O3/(RO+Nb2O5+Gd2O3) is 5.2-7.5; 3) (Gd2O3+ZnO)/Y2O3 is below 0.2; 4) (WO3+Gd2O3) /TiO2 is below 0.5; 5) La2O3/(Y2O3+Al2O3) is 8.0-11.0; 6) La2O3/(Ta2O5+Nb2O5) is 5.5-7.5; 7) (SiO2+B2O3)/Nb2O5 is 1.2-2.0, and the RO is one or more of MgO, CaO, SrO, and BaO (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 0% WO3, 0% Gd2O3, and 10.5 wt.% TiO2 for a ratio of (WO3+Gd2O3) /TiO2 of 0).
Regarding claim 7, Grabowski discloses wherein components thereof are represented by weight percentage, in which: SiO2 is 2-10%; and/or B2O3 is 5-15%; and/or La2O3 is 47-60%; and/or Y2O3 is 2-12%; and/or ZrO2 is 2-10%; and/or Nb2O5 is 5-15%; and/or Ta2O5 is 0-5%; and/or Gd2O3 is 0-4%; and/or TiO2 is 8-18%; and/or RO is 0-4%; and/or Rn2O is 0-4%; and/or WO3 is 0-4%; and/or ZnO is 0-5%; and/or Al2O3 is 0-5%; and/or Yb2O3 is 0-5%; and/or GeO2 is 0-3%; and/or clarifying agent is 0- 0.5%, the RO is one or more of MgO, CaO, SrO, and BaO, Rn2O is one or more of Li2O, Na2O, and K2O, and the clarifying agent is one or more of Sb2O3, SnO, SnO2, and CeO2 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 5.5 wt.% SiO2).
Regarding claim 8, Grabowski discloses wherein components thereof are represented by weight percentage, in which: SiO2 is 3-8%; and/or B2O3 is 6-12%; and/or La2O3 is 50-56%; and/or Y2O3 is 4-10%; and/or ZrO2 is 3-9%; and/or Nb2O5 is 6-12%; and/or Ta2O5 is 0-1%; and/or Gd2O3 is 0-2%; and/or TiO2 is 11-17%; and/or RO is 0-2%; and/or Rn2O is 0-2%; and/or WO3 is 0-3%; and/or ZnO is 0-1%; and/or Al2O3 is 0-2%, and/or Yb2O3 is 0-2%; and/or GeO2 is 0-1%; and/or clarifying agent is 0- 0.2%, the RO is one or more of MgO, CaO, SrO, and BaO, Rn2O is one or more of Li2O, Na2O, and K2O, and the clarifying agent is one or more of Sb2O3, SnO, SnO2, and CeO2 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 5.5 wt.% SiO2).
Regarding claim 9, Grabowski discloses wherein components thereof do not contain Ta2O5; and/or do not contain ZnO; and/or do not contain Rn2O; and/or do not contain Gd2O3; and/or do not contain Yb2O3; and/or do not contain GeO2, and the Rn2O is one or more of Li2O, Na2O, and K2O (See Grabowski at Table 1, example 12, disclosing an example of an optical glass comprising 0% Gd2O3).
Regarding claim 10, Grabowski discloses wherein a refractive index nd of the optical glass is above 1.97 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass with a refractive index nd of 2.0157), and an Abbe number vd is 26-33 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass with an Abbe number vd of 28.9).
Regarding claim 11, Grabowski discloses wherein the refractive index nd of the optical glass is 1.99-2.10 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass with a refractive index nd of 2.0157), and the Abbe number vd is 27-32 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass with an Abbe number vd of 28.9).
Regarding claim 12, Grabowski discloses wherein the refractive index nd of the optical glass is 1.995-2.02 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass with a refractive index nd of 2.0157), and the Abbe number vd is 28-31 (See Grabowski at Table 1, example 12, disclosing an example of an optical glass with an Abbe number vd of 28.9).
Regarding claim 13, while Grabowski does not explicitly disclose a thermal expansion coefficient α20/120°C of the optical glass is below 90x10-7/K; and/or water resistance stability DW is above Class 2; and/or acid resistance stability DA is above Class 2; and/or weather resistance CR is above Class 2; and/or Knoop hardness HK is above 670x107 Pa; and/or Young's modulus E is above 11000x107Pa; and/or λ70 is below 450nm; and/or λ5 is below 390nm; and/or abrasion degree FA is 70-120; and/or bubble degree is above Grade A, the bubble degree of a glass is a function of the composition of the glass as evidenced by the instant specification at [0037] of the PGPub, which states (SiO2+B2O3)/Nb2O5 is controlled to be within a range of 1.0-2.5, which can also further optimize the abrasion degree and bubble degree of the glass. In the case of Table 1 Example 12 of Grabowski, the (SiO2+B2O3)/Nb2O5 ratio is (5.5+5)/9.5= 1.1, and therefore the glass of Grabowski would inherently possess the claimed bubble degree. 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 14, while Grabowski does not explicitly disclose a thermal expansion coefficient α20/120°C of the optical glass is below 90x10-7/K; and/or water resistance stability DW is above Class 2; and/or acid resistance stability DA is above Class 2; and/or weather resistance CR is above Class 2; and/or Knoop hardness HK is above 670x107 Pa; and/or Young's modulus E is above 11000x107Pa; and/or λ70 is below 450nm; and/or λ5 is below 390nm; and/or abrasion degree FA is 70-120; and/or bubble degree is above Grade A, the bubble degree of a glass is a function of the composition of the glass as evidenced by the instant specification at [0037] of the PGPub, which states (SiO2+B2O3)/Nb2O5 is controlled to be within a range of 1.0-2.5, which can also further optimize the abrasion degree and bubble degree of the glass. In the case of Table 1 Example 12 of Grabowski, the (SiO2+B2O3)/Nb2O5 ratio is (5.5+5)/9.5= 1.1, and therefore the glass of Grabowski would inherently possess the claimed bubble degree. 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 15, while Grabowski does not explicitly disclose a glass preform, made of the optical glass it is noted a preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and here the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). In claim 1, the intended use of a glass preform, made of the optical glass is not given patentable weight.
Regarding claim 16, while Grabowski does not explicitly disclose an optical element, made of the optical glass it is noted a preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and here the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). In claim 1, the intended use of an optical element, made of the optical glass is not given patentable weight.
Regarding claim 17, while Grabowski does not explicitly disclose an optical instrument, comprising the optical glass and/or an optical element made of the optical glass or made of the glass preform, made of the optical glass it is noted a preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and here the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). In claim 1, the intended use of an optical instrument, comprising the optical glass and/or an optical element made of the optical glass or made of the glass preform, made of the optical glass is not given patentable weight.
Claim(s) 1-9 and 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schreder et al. (US20130331255, hereinafter referred to as Schreder).
Regarding claim 1, Schreder discloses an optical glass (See Schreder at the Abstract, disclosing an optical glass), wherein components thereof are represented by weight percentage, comprising: 1-12% of SiO2 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 12.1 wt.% SiO2, which is 12% SiO2 when accounting for the claimed significant figures.); 3-18% of B2O3 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 7.0 wt.% B2O3); 45-65% of La2O3 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 50.5 wt.% La2O3); 1-13% of Y2O3 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 1.1 wt.% Y2O3, which is 1% Y2O3 when accounting for the claimed significant figures); 1-13% of ZrO2 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 9.0 wt.% ZrO2); 3-18% of Nb2O5 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 5.2 wt.% Nb2O5, which is 5 wt.% Nb2O5 when accounting for the claimed significant figures); 5-20% of TiO2 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 6.0 wt.% TiO2); 0-8% of Gd2O3 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 0% Gd2O3); 0-8% of ZnO (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 0% ZnO), (Gd2O3+ZnO)/Y2O3 is below 0.5 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 0% Gd2O3, 0% ZnO, and 1.1 wt.% Y2O3, which provides for a (Gd2O3+ZnO)/Y2O3 ratio of 0).
Regarding claim 2, Schreder discloses wherein components thereof are represented by weight percentage, further comprising: 0-8% of Ta2O5; and/or 0-8% RO; and/or 0-8% of Rn2O; and/or 0-6% of WO3; and/or 0-8% Al2O3; and/or 0-10% Yb2O3; and/or 0-5% of GeO2; and/or 0-1% of clarifying agent; the RO is one or more of MgO, CaO, SrO, and BaO, the Rn2O is one or more of Li2O, Na2O, and K2O, and the clarifying agent is one or more of Sb2O3, SnO, SnO2, and CeO2 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 0% Ta2O5).
Regarding claim 3, Schreder discloses wherein components thereof are represented by weight percentage, and one or more of the following 6 conditions are satisfied: 1) (Ta2O5+Gd2O3) /Y2O3 is below 1.0; 2) La2O3/(RO+Nb2O5+Gd2O3) is 3.0-14.0; 3) (WO3+Gd2O3) /TiO2 is below 2.0; 4) La2O3/(Y2O3+Al2O3) is 4.0-30.0; 5) La2O3/(Ta2O5+Nb2O5) is 3.0-15.0; 6) (SiO2+B2O3)/Nb2O5 is 0.5-5.0, and the RO is one or more of MgO, CaO, SrO, and BaO (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 0% Ta2O5, 0% Gd2O3, and 1.1 wt.% Y2O3 for a ratio of (Ta2O5+Gd2O3) /Y2O3 of 0).
Regarding claim 4, Schreder discloses wherein components thereof are represented by weight percentage, and one or more of the following 6 conditions are satisfied: 1) (Ta2O5+Gd2O3) /Y2O3 is below 0.8; 2) La2O3/(RO+Nb2O5+Gd2O3) is 4.0-12.0; 3) (WO3+Gd2O3) /TiO2 is below 1.5; 4) La2O3/(Y2O3+Al2O3) is 5.0-20.0; 5) La2O3/(Ta2O5+Nb2O5) is 4.0-10.0; 6) (SiO2+B2O3)/Nb2O5 is 0.8-3.5, and the RO is one or more of MgO, CaO, SrO, and BaO (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 0% Ta2O5, 0% Gd2O3, and 1.1 wt.% Y2O3 for a ratio of (Ta2O5+Gd2O3) /Y2O3 of 0).
Regarding claim 5, Schreder discloses wherein components thereof are represented by weight percentage, and one or more of the following 6 conditions are satisfied: 1) (Ta2O5+Gd2O3) /Y2O3 is below 0.5; 2) La2O3/(RO+Nb2O5+Gd2O3) is 5.0-9.0; 3) (WO3+Gd2O3) /TiO2 is below 1.0; 4) La2O3/(Y2O3+Al2O3) is 7.0-15.0; 5) La2O3/(Ta2O5+Nb2O5) is 5.0-8.0; 6) (SiO2+B2O3)/Nb2O5 is 1.0-2.5, and the RO is one or more of MgO, CaO, SrO, and BaO (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 0% Ta2O5, 0% Gd2O3, and 1.1 wt.% Y2O3 for a ratio of (Ta2O5+Gd2O3) /Y2O3 of 0).
Regarding claim 6, Schreder discloses wherein components thereof are represented by weight percentage, and one or more of the following 7 conditions are satisfied:1) (Ta2O5+Gd2O3) /Y2O3 is below 0.2; 2) La2O3/(RO+Nb2O5+Gd2O3) is 5.2-7.5; 3) (Gd2O3+ZnO)/Y2O3 is below 0.2; 4) (WO3+Gd2O3) /TiO2 is below 0.5; 5) La2O3/(Y2O3+Al2O3) is 8.0-11.0; 6) La2O3/(Ta2O5+Nb2O5) is 5.5-7.5; 7) (SiO2+B2O3)/Nb2O5 is 1.2-2.0, and the RO is one or more of MgO, CaO, SrO, and BaO (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 0% Ta2O5, 0% Gd2O3, and 1.1 wt.% Y2O3 for a ratio of (Ta2O5+Gd2O3) /Y2O3 of 0).
Regarding claim 7, Schreder discloses wherein components thereof are represented by weight percentage, in which: SiO2 is 2-10%; and/or B2O3 is 5-15%; and/or La2O3 is 47-60%; and/or Y2O3 is 2-12%; and/or ZrO2 is 2-10%; and/or Nb2O5 is 5-15%; and/or Ta2O5 is 0-5%; and/or Gd2O3 is 0-4%; and/or TiO2 is 8-18%; and/or RO is 0-4%; and/or Rn2O is 0-4%; and/or WO3 is 0-4%; and/or ZnO is 0-5%; and/or Al2O3 is 0-5%; and/or Yb2O3 is 0-5%; and/or GeO2 is 0-3%; and/or clarifying agent is 0- 0.5%, the RO is one or more of MgO, CaO, SrO, and BaO, Rn2O is one or more of Li2O, Na2O, and K2O, and the clarifying agent is one or more of Sb2O3, SnO, SnO2, and CeO2 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 7.0 wt.% B2O3).
Regarding claim 8, Schreder discloses wherein components thereof are represented by weight percentage, in which: SiO2 is 3-8%; and/or B2O3 is 6-12%; and/or La2O3 is 50-56%; and/or Y2O3 is 4-10%; and/or ZrO2 is 3-9%; and/or Nb2O5 is 6-12%; and/or Ta2O5 is 0-1%; and/or Gd2O3 is 0-2%; and/or TiO2 is 11-17%; and/or RO is 0-2%; and/or Rn2O is 0-2%; and/or WO3 is 0-3%; and/or ZnO is 0-1%; and/or Al2O3 is 0-2%, and/or Yb2O3 is 0-2%; and/or GeO2 is 0-1%; and/or clarifying agent is 0- 0.2%, the RO is one or more of MgO, CaO, SrO, and BaO, Rn2O is one or more of Li2O, Na2O, and K2O, and the clarifying agent is one or more of Sb2O3, SnO, SnO2, and CeO2 (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 7.0 wt.% B2O3).
Regarding claim 9, Schreder discloses wherein components thereof do not contain Ta2O5; and/or do not contain ZnO; and/or do not contain Rn2O; and/or do not contain Gd2O3; and/or do not contain Yb2O3; and/or do not contain GeO2, and the Rn2O is one or more of Li2O, Na2O, and K2O (see Schreder at Table 1, Example 4, disclosing an example of an optical glass comprising 0% Gd2O3).
Regarding claim 13, while Schreder does not explicitly disclose the weather resistance CR is above Class 2, this is a property which depends upon the composition of the glass. The instant specification at [0031] discloses if the content of Y2O3 exceeds 13%, the chemical stability and weather resistance of the glass will deteriorate. The instant specification at [0036] discloses If the content of Nb2O5 exceeds 18%, the thermal stability and weather resistance of the glass will be reduced. The instant specification at [0037], discloses (SiO2+B2O3)/Nb2O5, is controlled to be within a range of 0.5-5.0, which is beneficial to increasing the hardness and weather resistance of the glass. The instant specification at [0043] discloses (WO3+Gd2O3)/TiO2 is controlled to be below 2.0, which can increase the weather resistance. The instant specification at [0048] discloses La2O3/(Ta2O5+Nb2O5) is controlled to be within a range of 5.0-8.0, which can also further reduce the thermal expansion coefficient of the glass and increase the weather resistance. Example 4 at Table 1 discloses a Y2O3 content of 1.1 wt.%, an Nb2O5 content of 5.2 wt.%, a (SiO2+B2O3)/Nb2O5 value of (12.1+7)/5.2= 3.67, a (WO3+Gd2O3)/TiO2 content of 0. Because the composition of Schreder is substantially identical to the instantly disclosed composition, the composition of Schreder would inherently possess the claimed weather resistance.
Regarding claim 14, while Schreder does not explicitly disclose the weather resistance CR is Class 1, this is a property which depends upon the composition of the glass. The instant specification at [0031] discloses if the content of Y2O3 exceeds 13%, the chemical stability and weather resistance of the glass will deteriorate. The instant specification at [0036] discloses If the content of Nb2O5 exceeds 18%, the thermal stability and weather resistance of the glass will be reduced. The instant specification at [0037], discloses (SiO2+B2O3)/Nb2O5, is controlled to be within a range of 0.5-5.0, which is beneficial to increasing the hardness and weather resistance of the glass. The instant specification at [0043] discloses (WO3+Gd2O3)/TiO2 is controlled to be below 2.0, which can increase the weather resistance. The instant specification at [0048] discloses La2O3/(Ta2O5+Nb2O5) is controlled to be within a range of 5.0-8.0, which can also further reduce the thermal expansion coefficient of the glass and increase the weather resistance. Example 4 at Table 1 discloses a Y2O3 content of 1.1 wt.%, an Nb2O5 content of 5.2 wt.%, a (SiO2+B2O3)/Nb2O5 value of (12.1+7)/5.2= 3.67, a (WO3+Gd2O3)/TiO2 content of 0. Because the composition of Schreder is substantially identical to the instantly disclosed composition, the composition of Schreder would inherently possess the claimed weather resistance.
Regarding claim 15, Schreder discloses a glass preform, made of the optical glass (see Schreder at claim 9, disclosing a preform).
Regarding claim 16, Schreder discloses an optical element, made of the optical glass or made of the glass preform, made of the optical glass (see Schreder at claim 9, disclosing an optical element).
Regarding claim 17, Schreder discloses an optical instrument, comprising the optical glass and/or an optical element made of the optical glass or made of the glass preform, made of the optical glass (see Schreder at [0030], disclosing cameras, which Examiner notes is an optical instrument).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and the criticality of the claimed (Gd2O3+ZnO)/Y2O3 ratio in view of the 102 and potential 103 rejection over Kuang have been considered but are moot because the new ground of rejection does not rely on Kuang or obviousness as applied in the prior rejection of record for any teaching or matter specifically challenged in the argument, nor as discussed in the interview filed 03/20/2026.
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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731