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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 2-19 in the reply filed on 06/08/2026 is acknowledged.
Claims 1 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/08/2026.
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.
Claims 2-19 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.
Regarding claim 2, at line 6, the limitation “70% by total weight cullet crystal phase” is unclear because cullet is not a crystal phase, and a crystal phase is not inherently cullet. The phrase “cullet crystal phase” does not appear to be defined within the body of the claim or the specification.
Regarding claim 6, at lines 1-2, the limitation “wherein the glass-ceramic cullet comprises 100% of crystal phase by wt.” is unclear. A glass-ceramic, by definition, must have less than 100% crystallinity. If 100% crystallinity is achieved, the material is no longer a glass-ceramic because no amorphous glassy phase exists.
Regarding claim 12, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 12 recites the broad recitation “70, 75, 80, 85, 90, 95”, and the claim also recites “98%” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
All claims not specifically addressed are rejected due to their dependence on a rejected claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The closest prior art is Yuan et al. (CN113233789A with reference to machine translation, hereinafter referred to as Yuan). Yuan is directed towards a method for recycling reinforced glass-ceramics (see Yuan at the Abstract). Yuan discloses melting of glass (see Yuan at [n0122]). Yuan at [n0108] discloses SiO2 58%~74%, [n0109] discloses Al2O3 6%~30%, and [n0110] discloses Li2O 1%~16%). However, per instant claim 2, Yuan does not disclose or make obvious greater than or equal to 70% by total weight cullet crystal phase.
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CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731
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