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 .
DETAILED ACTION
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
The following claim(s) is/are objected to because of the following informalities:
Claim 1, “providing first seal material for” should be changed to “providing a first seal material for”, similar objection for claim 40
Claim 21, “firing and/or sintering second seal material for” should be changed to “firing and/or a sintering second seal material for”
Appropriate correction is required.
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(s) 15 and 41 is/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 15 recites the limitation “a near-IR laser” which is unclear what IR stands for.
Claim 41 recites the limitation in lines 18-19, “wherein the first seal layer, after said laser heating, comprises from about 20-80% tellurium oxide” which is unclear what parameter of the tellurium oxide that the percentage is referring to. For example, the first seal layer comprises about 20-80% tellurium oxide in composition, weight, surface area, volume or some other parameter.
Claim 41 recites the limitation in line 21, “a ratio TeO4:TeO3 in the first seal layer is from about 0.05 to 0.40” which is unclear what parameter is the ratio referring to, for example, a ratio of weight % of TeO4:TeO3, a ratio of volume of TeO4:TeO3, or some other parameter.
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) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hogan (US 20170138115 A1) in view of Maloney (US 20130111953 A1).
Regarding claim 40
Hogan discloses a method of making a vacuum insulating panel (vacuum insulating glass, Fig 5, [0002]), the vacuum insulating panel comprising a first glass substrate (glass substrates 2 and 3, Fig 5, [0004]), a second glass substrate (3), a plurality of spacers (spacers 5) provided in a gap (cavity 19, [0039]) between at least the first and second glass substrates (2, 3), and a seal (15a, 15b, 17a, [0037]) provided at least partially between at least the first and second glass substrates (2, 3), the seal comprising a first seal layer (17a);
wherein the method comprises:
providing first seal material (first material 17a is interpreted to be the first seal material for the first seal layer) for the first seal layer at a location at least partially between at least the first and second glass substrates (2, 3);
pre-heating the glass substrates and the first seal material (S39 in Fig 6, heat assembly to melt second frit material 17a) so as to cause (b) the first seal material (17a), to reach a pre-heat temperature, wherein the pre-heat temperature is from about 40-120 degrees C less than a melting point (Tm) of the first seal material, and within about 70 degrees C of a softening point (Ts) of the first seal material (assembly is heated in step S39, which helps to melt the second frit material 17a to a peak temperature of no more than 400 degrees C, preferably 360 degrees C, where the frit material 17a melts [0048 middle],
this indicates that the first seal material 17a is heated from room temperature to 360°C for melting and continues to be heated to 400 degrees C for a period of time, during this time period, the temperature of the first seal material 17a will gradually increase from room temperature to 100°C, then 200°C, to 300°C and finally melt at 360°C to 400°C,
when the first seal material 17a is at 300°C, this is interpreted to be the pre-heat temperature for being 60°C less than a melting point and within 60°C of a softening/melting state,
note that the claim does not specify a time period for this pre-heating step);
after said pre-heating, perform heating the first seal material in order to fire and/or sinter the first seal material and form the first seal layer (once the pre-heating temperature of 300°C is reached, the assembly continues to be heated to 400°C [0048 middle]), wherein said laser heating causes the first seal material to reach a temperature above the melting point (Tm) of the first seal material (frit material 17a melts at a low temperature of 360°C in step S39 in Fig 6, [0048 middle]) for no more than about 5 seconds (time at peak temperature is only 3-7 minutes, [0048 bottom], therefore the last 5 seconds of the time period of 3-7 minutes is interpreted to be amount of time for the first seal material 17a to be at temperature above the melting point of 360°C); and
after forming the first seal layer, evacuating the gap to a pressure less than atmospheric pressure (S43, Fig 6, the cavity is evacuated to a pressure less than atmospheric, e.g., by drawing air out through the pump-out tube, [0052]).
Hogan is silent on laser heating the first seal material.
However, Maloney teaches a hermetic sealing system for glass substrate (0002) using laser heating (0004).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to heat the first seal material in Hogan, using a laser, as suggested and taught by Maloney, because laser heating and sealing is extremely fast ([0040 bottom]).
Allowable Subject Matter
Claim(s) 1-14 and 16-39 are allowed.
i. In claim 1, the cited prior art of record fails to anticipate and/or render obvious, either solely or in combination, method of making a vacuum insulating panel, the vacuum insulating panel comprising, among other features and steps,
providing first seal material for the first seal layer at a location at least partially between at least the first and second glass substrates;
pre-heating the glass substrates, the first seal material, and the second seal layer, so as to cause at least one of (a) at least one of the glass substrates, (b) the second seal layer, and/or (c) the first seal material, to reach a pre-heat temperature, wherein the pre-heat temperature is from about 40-120 degrees C less than a melting point (Tm) of the first seal material, and within about 70 degrees C of a softening point (Ts) of the first seal material;
after said pre-heating, laser heating the first seal material in order to fire and/or sinter the first seal material and form the first seal layer in a manner so that the first seal layer has a density of from about 2.8-4.0 g/cm3,
wherein said laser heating causes at least one of the first seal material and/or the second seal layer to reach a temperature above the melting point (Tm) of the first seal material for no more than about 5 seconds; and
after forming the first seal layer, evacuating the gap to a pressure less than atmospheric pressure.
ii. The term “about” is described in the instant specification publication US 20240167328 A1 [para 0198] to mean the identified value plus/minus 5%.
Veerasamy (US 9441416 B2) teaches a method to perform low temperature hermetic sealing via laser, to melt a frit material to 120° C - 150° C, but is silent on the first seal layer having density of from about 2.8-4.0 g/cm3.
Brown (US 10266444 B2) teaches a method of making glass structure, but is silent on the first seal layer having density of from about 2.8-4.0 g/cm3.
Lu (US 20080308147 A1) teaches a multilayer glass device, but is silent on the first seal layer having density of from about 2.8-4.0 g/cm3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawanami (US 20150037594 A1) teaches glass composition
Conti (US 20180305245 A1) teaches glass manufacturing
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/Thuyhang N Nguyen/Examiner, Art Unit 3761
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