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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/21/26 has been entered.
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) 7, 9-17, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102011011549 to Schanze (“Schanze”) in view of U.S. Patent No. 5,512,341 to Newby (“Newby”). All reference numerals and page numbers are made with respect to Schanze unless otherwise noted.
Regarding claim 7, Schanze discloses a multi-pane insulated glass comprising at least two panes 13, 14 between which an edge seal is introduced, wherein the edge seal includes a peripheral spacer 12 provided with a cavity (internal space of 12), wherein the edge seal separates a pane intermediate space 11 from a pane exterior space (space outside space 11), wherein a primary sealant 16 is provided between the peripheral spacer and the panes such that the primary sealant 16 seals the pane intermediate space from the pane exterior space, wherein an elastic seal 21 is provided which, when viewed from the pane intermediate space toward the pane exterior space, is arranged in front of the primary sealant 16 and provides a seal between the spacer and at least one of the at least two panes.
Schanze does not disclose two compensation spaces, designed as through holes, arranged on opposing side surfaces of the spacer.
Newby comprises a multi-pane insulated glass window wherein a spacer (Newby embodiment in Fig. 14, 300) comprises two compensation spaces (Newby, 325) designed as through holes (325 extends through layer 320c of spacer 300), arranged on opposing side surfaces of the spacer.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the multi-pane insulated glass of Schanze to have the spacer provided with two compensation spaces, designed as through holes, arranged on opposing side surfaces of the spaces as taught in Newby with a reasonable expectation of success because it would predicably enhance the bond between the spacer and sealant due to the increased surface area provided by the groove or through-hole.
Regarding claim 9, Schanze modified by Newby discloses that the compensation spaces provided in the spacer further comprises grooves 22.
Regarding claim 10, Schanze modified by Newby discloses a secondary sealant 15, said secondary sealant being provided in the pane exterior space peripherally surrounding the spacer.
Regarding claim 11, Schanze modified by Newby discloses that the primary sealant is a butyl polymer (pg 4, para 4 of translation) but does not disclose that the butyl polymer for the primary sealant is specifically polyisobutylene.
Newby discloses that a sealant material can be composed of polyisobutylene (Newby, page 3, second full paragraph of English translation).
It would have been obvious to one having ordinary skill in the art at the time of invention to use polyisobutylene, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding claim 12, Schanze modified by Newby discloses that the elastic seal 21 is silicone, polyurethane, polysulfide, a vulcanizate of natural rubber or silicone rubber (pg 3, para 5 of translation).
Regarding claim 13, Schanze modified by Newby discloses that the elastic seal 21 is configured to be applied to the spacer when in a flowing state and to be connected to the panes after the elastic seal cures (pg 3, para 6-7 of translation). Moreover, the claim is a product by process claim and the multi-pane insulated glass does not depend on the process of making it. The product-by-process limitation " applied to the spacer when in a flowing state and to be connected to the panes after the elastic seal cures " would not be expected to impart distinctive structural characteristics to the multi-pane insulated glass. Therefore, the claimed product is not a different and unobvious product from that of Schanze.
Regarding claim 14, Schanze modified by Newby discloses that the elastic seal is configured to be connected to the spacer as a cord (ring, pg 3, para 2).
Regarding claim 15, Schanze modified by Newby discloses that a groove 22 is provided in the spacer to receive the elastic seal 21.
Regarding claim 16, Schanze modified by Newby discloses that the elastic seal is an extrudate (pg 3, para 3).
Regarding claim 17, Schanze modified by Newby discloses that the secondary sealant 15 is introduced externally around the spacer in a groove defined by the panes 13, 14 and the spacer 12.
Regarding claim 21, Schanze modified by Newby does not disclose that the cavity provided in the spacer contains a desiccant (Newby, 8).
Newby in Fig. 2a comprises a multi-pane insulated glass window wherein the cavity provided in the spacer contains a desiccant (Newby, 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the multi-pane insulated glass of Schanze to have the cavity provided in the spacer contain a desiccant as taught in Newby with a reasonable expectation of success because it would predicably inhibit moisture accumulation in the pane intermediate space.
Response to Arguments
Applicant’s arguments with respect to claim(s) 7 and 9-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633