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 .
Acknowledgement is made of amendments received 01-09-2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “counter-plunge unit” having “openings for the application of underpressure or overpressure” as recited in claims 8 and 16, and the “mould plunger” having “openings for the application of underpressure or overpressure” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Applicant notes inert gas inlet 130 and inert gas outlet 135 in the 01-19-2026 remarks regarding the counter-plunge unit. However, these are not described in the specification as being capable of applying an underpressure or overpressure. Such inlet/outlet possibly only flow ambient pressure gas. Application of underpressure or overpressure is only described in the specification with respect to openings in the mould plunger or the mould plunger guide, which openings are also not shown in the drawings, as noted above and previously.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
Claim 10 recites “a refractory metal comprising steel, gold, copper, ruthenium, osmium, zirconium, hafnium, niobium, tantalum, chromium, molybdenum or tungsten”. It is noted that some of the species in the recited list are not generally considered in the art to be refractory metals (e.g., steel, gold, copper). In claim 10, the term “refractory metals” is considered to be defined by the Applicant as meaning one of the specific species recited therein.
Claim Objections
Claim 8 is objected to because of the following informalities:
In line 6, the comma after “liquid glass” should be deleted.
In line 9, the word “has” is present twice consecutively, and one should be deleted.
Appropriate correction is required.
Claim 9 objected to because of the following informalities: In line 2, the words “with a” should be added back in after “fluid communication”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 8-14 and 16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 8 recites “the counter-plunge unit has has (sic) openings for application of underpressure or overpressure”, and claim 11 recites “at least one of the counter-plunge unit and the mould plunger has openings for the application of underpressure or overpressure”. The specification does not describe the counter-plunge unit having openings for the application of underpressure or overpressure. Applicant notes inert gas inlet 130 and inert gas outlet 135 in the 01-19-2026 remarks regarding the counter-plunge unit. However, these are not described in the specification as being capable of applying an underpressure or overpressure. Such inlet/outlet possibly only flow ambient pressure gas. Application of underpressure or overpressure is only described in the specification with respect to openings in the mould plunger or the mould plunger guide.
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 10, 12-14 and 16 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.
Claim 10 recites “which is inert to glass at temperatures in a range from 700°C to 1600°C” in lines 5-6. It is unclear which portions of the claim this is intended to modify, e.g., just “nitride”; just “ceramic”; or all of “refractory metal”, “refractory alloy”, and “ceramic”.
Regarding claim 12, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 13, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 14 recites “for the flat formation of the glass blank” in lines 3-4 and “the flat formation of glass blank” in lines 4-5. Claim 8 previously recites “a flat formation of a glass blank or liquid glass” in line 6. It is unclear if claim 14 is limiting the scope to the flat formation of the glass blank and excluding liquid glass, or if the limitations are optional and only applicable to the case where a flat formation of a glass blank is used.
Claim 16 recites the limitation "both sides thereof" in line 10. There is insufficient antecedent basis for this limitation in the claim. No sides of the flat formation of the glass blank or the liquid glass have been recited previously, and such elements could have more than two sides. Thus it is unclear what “both sides” is referring to.
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) 8-9, 11-13, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito ‘449 (JP H07-033449 A - English translation provided with 01-25-2024 IDS referenced herein) under a first interpretation in view of the embodiment of Fig. 1.
Regarding claim 8, Ito ‘449 teaches:
a counter-plunge unit (pressure tank 5) forming a receiving compartment suitable for receiving molten tin (left side vertical section of pressure tank 5, proximate reference number 3 in Fig. 1 with molten tin 6)
a mould plunger (upper mold 11) opposite the receiving compartment and the counter-plunge unit (Fig. 1)
between the receiving compartment and the mould plunger form a moulding space into which a flat formation of a glass blank or liquid glass is introduced (open space containing glass material 2, Fig. 1; ¶ [0014]-[0015])
the mould plunger and the molten tin are moveable towards one another ([0016], Fig. 1)
the counter-plunge unit has openings for application of underpressure or overpressure, so that the flat formation of glass blank or liquid glass is subjected to pressure by the mould plunger and the molten tin and the application of the underpressure or overpressure from the counter-plunge unit (upper openings on the left and right sides of pressure tank 5, Fig. 1; ¶ [0016]).
Regarding claim 9, Ito ‘449 further teaches the receiving compartment is in fluid communication with a compensation container, which is suitable for receiving molten tin is pressurized (right side vertical portion of pressure tank 5, proximate piston 7, Fig. 1; ¶ [0010], [0016]).
Regarding claim 11, Ito ‘449 further teaches the mould plunger is configured to be temperature regulated (¶ [0012]).
Regarding claim 12, Ito ‘449 further teaches the mould plunger comprises at least two plunger components (outer portion of upper mold 11 and heater 11b, Fig. 1). The remaining limitations are interpreted as being optional.
Regarding claim 13, Ito ‘449 further teaches the mould plunger is surrounded, in particular guided, by a frame that is a ring (guide member 10, Fig. 1; ¶ [0011]).
Regarding claim 16, Ito ‘449 teaches:
a counter-plunge unit (pressure tank 5) forming a receiving compartment suitable for receiving molten tin (left side vertical section of pressure tank 5, proximate reference number 3 in Fig. 1 with molten tin 6)
a mould plunger (upper mold 11) opposite the receiving compartment and the counter-plunge unit (Fig. 1)
a moulding space is formed between the receiving compartment and the mould plunger into which a flat formation of a glass blank or liquid glass is introduced (open space containing glass material 2, Fig. 1; ¶ [0014]-[0015])
the mould plunger and the molten tin are moveable towards one another ([0016], Fig. 1)
at least one of the counter-plunge unit and the mould plunger has openings for application of underpressure or overpressure so that the flat formation of the glass blank or liquid glass is subjected to pressure on both sides thereof and is subjected to the underpressure or overpressure (upper openings on the left and right sides of pressure tank 5, Fig. 1; ¶ [0016]).
Claim(s) 8, 11-14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito ‘449 (JP H07-033449 A - English translation provided with 01-25-2024 IDS referenced herein) under a second interpretation in view of the embodiment of Fig. 2.
Regarding claim 8, Ito ‘449 teaches:
a counter-plunge unit forming a receiving compartment suitable for receiving molten tin (tank 26 with molten tin 28, Fig. 2)
a mould plunger (upper die 39) opposite the receiving compartment and the counter-plunge unit (Fig. 2)
between the receiving compartment and the mould plunger form a moulding space into which a flat formation of a glass blank or liquid glass is introduced (open space between molten tin 28 and upper die 39, Fig. 2; ¶ [0031], [0032])
the mould plunger and the molten tin are moveable towards one another ([0032]; Fig. 2)
the counter-plunge unit has openings for application of underpressure or overpressure, so that the flat formation of glass blank or liquid glass is subjected to pressure by the mould plunger and the molten tin and the application of the underpressure or overpressure from the counter-plunge unit (openings at top and bottom of tank 26 with molten tin 28, Fig. 2; ¶ [0032]-[0033]).
Regarding claim 11, Ito ‘449 further teaches the mould plunger is configured to be temperature regulated (¶ [0027]).
Regarding claim 12, Ito ‘449 further teaches the mould plunger comprises at least two plunger components (outer portion of upper die 39 and heater 39b, Fig. 2). The remaining limitations are interpreted as being optional.
Regarding claim 13, Ito ‘449 further teaches the mould plunger is surrounded, in particular guided, by a frame that is a ring (tank 26 and wall member 37, Fig. 2; ¶ [0026], [0032]).
Regarding claim 14, Ito ‘449 further teaches the device further comprises at least one transport device for guiding a holding device and/or a supporting device for the flat formation of the glass blank to introduce the flat formation of glass blank into the moulding space and/or to remove a formed glass item from the moulding space (feed member 36/belt conveyor/discharge means (not shown), ¶ [0031], [0035]; Fig. 2).
Regarding claim 16, Ito ‘449 teaches:
a counter-plunge unit forming a receiving compartment suitable for receiving molten tin (tank 26 with molten tin 28, Fig. 2)
a mould plunger (upper die 39) opposite the receiving compartment and the counter-plunge unit (Fig. 2)
a moulding space is formed between the receiving compartment and the mould plunger into which a flat formation of a glass blank or liquid glass is introduced (open space between molten tin 28 and upper die 39, Fig. 2; ¶ [0031], [0032])
the mould plunger and the molten tin are moveable towards one another ([0032]; Fig. 2)
at least one of the counter-plunge unit and the mould plunger has openings for application of underpressure or overpressure so that the flat formation of the glass blank or liquid glass is subjected to pressure on both sides thereof and is subjected to the underpressure or overpressure (openings at top and bottom of tank 26 with molten tin 28, Fig. 2; ¶ [0032]-[0033]).
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito ‘449 (JP H07-033449 A - English translation provided with 01-25-2024 IDS referenced herein) in view of Segawa ‘916 (US 5,964,916).
Regarding claim 10, in the embodiment of Fig. 1 or in the embodiment of Fig. 2, Ito ‘449 teaches that the mould plunger is inert to glass at temperatures in the range from 700°C to 1600°C (¶ [0015], [0030], wherein the mould is used with glass at 1000°C, which falls in the claimed range), but Ito ‘449 is silent regarding a specific material of the mould plunger. In analogous art of mould plungers for forming glass, Segawa ‘916 suggests making a mould plunger of a refractory metal comprising steel, chromium, tungsten, or molybdenum, or a refractory alloy as a known material used at temperatures in the range from 700°C to 1600°C, and for the benefit of the plunger having mechanical strength, heat resistance, and chemical stability, and suppressing high temperature oxidation and growth of crystal grains (column 1, lines 20-25; column 2, lines 41-47; column 3, lines 32-42). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Ito ‘449 by making the mould plungers of a material that is a refractory metal comprising steel, chromium, tungsten, or molybdenum, or a refractory alloy as a known material used at temperatures in the range from 700°C to 1600°C, and for the benefit of the plunger having mechanical strength, heat resistance, and chemical stability, and suppressing high temperature oxidation and growth of crystal grains, as suggested by Segawa ‘916.
Response to Arguments
Applicant's arguments filed 01-09-2026 have been fully considered but they are not persuasive.
Arguments are summarized as follows: Ito ‘449 does not disclose or suggests a counter plunge-unit or a mould plunger that has openings for application of underpressure or overpressure as claimed.
Response: Applicant’s disclosure does not have support for the counter-plunge unit having openings as claimed, as discussed in the 112(a) rejections and drawing objections above. As such, Ito ‘449 is being interpreted such that it teaches openings in the ends of the counter-plunge unit as cited above, and an overpressure or underpressure is provided via the force or movement of the piston 7/29. The drawings are once again objected to for not showing the claimed openings in the mould plunger. This feature was removed from claim 8 et al., but it has also been added via new claim 16.
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 Erin Snelting whose telephone number is (571)272-7169. The examiner can normally be reached Monday to Friday, 8:00 to 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached at (571) 270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN SNELTING/Primary Examiner, Art Unit 1741