Prosecution Insights
Last updated: May 29, 2026
Application No. 18/394,514

ELEMENT MADE OF BRITTLE MATERIAL HAVING A STRUCTURED EDGE, INTERMEDIATE PRODUCT, AND METHOD FOR PRODUCING THE ELEMENT

Final Rejection §103
Filed
Dec 22, 2023
Priority
Jun 24, 2021 — DE 10 2021 116 398.6 +2 more
Examiner
VAN SELL, NATHAN L
Art Unit
1783
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Schott AG
OA Round
2 (Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
9m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
456 granted / 848 resolved
-11.2% vs TC avg
Strong +24% interview lift
Without
With
+24.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
50 currently pending
Career history
923
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
93.1%
+53.1% vs TC avg
§102
3.0%
-37.0% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 848 resolved cases

Office Action

§103
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 . Response to Amendment Amendments to the claims, filed on 2/3/26, have been entered in the above-identified application. Any rejections made in the previous action, and not repeated below, are hereby withdrawn. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim Rejections - 35 USC § 103 Claims 1-8 are rejected under 35 U.S.C. 103 as obvious over Kumkar (US 2016/0152508 A1) in view of Ortner et al (US 2018/0215647 A1). Regarding claims 1-2, Kumkar teaches a sheet-like element (e.g., partial segments of plate-like workpiece) made of brittle material (e.g. glass), comprising two opposing side faces; and a peripheral edge face which determines an outer contour of the sheet-like element, wherein the edge face has at least one first region (22) (e.g., outer contour) and at least one second region (30/32) (e.g., connecting & fracture point), wherein the at least one first region differs from the at least one second region in terms of its surface structure, wherein the at least one first region has an etched surface (e.g., laser and solution etched) and the at least one second region constitutes a fractured surface (30/32) (e.g., when fractured into a final product), and wherein a surface area of the at least one first region is larger than a surface area of the at least one second region, wherein the at least one first region and the at least one second region are arranged next to one another in a direction along the edge face (abstract; para 31, 36-39, 61-64, 67-76; figs 3-13). Kumkar fails to suggest “wherein the etched surface of the at least one first region has calotte-shaped depressions which adjoin one another, with the result that adjacent depressions are separated by ridges, the depressions having a depth of less than 5 µm and/or lateral dimensions on average in a range from 5 µm to 200 µm.” However, Kumkar teaches the first region (22) is formed via laser-induced etching and solution etching (para 58-70; figs 1-4). Ortner teaches a laser processing apparatus, from which filament-shaped flaws can be introduced into a glass element in order to introduce channels at the positions of the filament-shaped flaws in a subsequent etching process; wherein the channels comprise hemispherical depressions (i.e., calotte-shaped depressions which adjoin one another, with adjacent depressions separated by ridges) that have a depth typically less than 5 μm, at transverse (i.e., lateral) dimensions of typically 5-20 μm (para 50, 72-74, fig 7); wherein the particular structuring of the lateral surface of the channels with substantially hemispherical depressions results in a number of advantages, e.g., the rounded structures may represent a particularly advantageous shape in order to dissipate tensile stresses occurring on the surface down to the lowest point of the surface, namely the lowest points of the substantially hemispherical depressions which effectively suppresses crack growth at possible defects in the surface. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to use the etching (laser and chemical) techniques of Ortner to form the outer contours (i.e., first regions) of the partial segments or plate-like workpieces of Kumkar for resultant partial segments or plate-like workpieces with outer contours comprising rounded structures with a particularly advantageous shape in order to dissipate tensile stresses occurring on the surface down to the lowest point of the surface and suppress crack growth at possible defects in the surface Ortner teaches the channels comprise hemispherical depressions (i.e., calotte-shaped depressions which adjoin one another, with adjacent depressions separated by ridges) that have a depth typically less than 5 μm, at transverse (i.e., lateral) dimensions of typically 5-20 μm (para 74). These ranges either lie within or overlap (i.e., rendered obvious) the ranges of the instant claim. Regarding claim 3, Kumkar suggests or would have rendered obvious to one of ordinary skill in the art at the time of invention an embodiment wherein the at least one second region of the edge face (30/32) adjoins at least one edge (31/36) at which the edge face merges into the side faces (fig 12). Regarding claim 4, Kumkar teaches a web width and/or thickness at the connecting point which is less than 50 μm (para 32); so when fractured the at least one second region would have a width of less than 50 μm (i.e., width of at least 20 μm). Regarding claim 5, Kumkar fails to teach the at least one second region extends along positions on the edge face that are distant from a centroid by at least 2/3 of a maximum distance. However, it would have been obvious to one of ordinary skill in the art to adjust the spacing and location of the connecting & fracture points (30/32), and therein the at least one second region(s) when fractured, to allow for the temporary connections to properly attach and hold the plate-like workpiece in place until the proper stress is applied to cause fracture or separation. Regarding claim 6, Kumkar would have suggested or otherwise rendered obvious to one of ordinary skill in the art at the time of invention the at least one second region (30/32) is flat when fractured (para 71-75; figs 5-12). Regarding claims 7 and 8, Kumkar teaches the sheet-like element (e.g., plate-like workpiece) may have one or more additional layers or coatings that are wholly or partially also transparent, glass, glass-like, ceramic and/or crystalline (para 17) which would have suggested or otherwise rendered obvious to one of ordinary skill in the art at the time of invention an optically active coating; wherein the optically active coating comprises multiple layers with different refractive indices. Response to Arguments Applicant’s arguments with respect to the instant claims have been considered but are moot due to the new grounds of rejection under 35 U.S.C. 103 in view of a new combination of prior art of record. The Applicant is directed to the 35 USC § 103 section above. 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 NATHAN L VAN SELL whose telephone number is (571)270-5152. The examiner can normally be reached Mon-Thur, Generally 7am-6pm. 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, M. Veronica Ewald can be reached at 571-272-8519. 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. NATHAN VAN SELL Primary Examiner Art Unit 1783 /NATHAN L VAN SELL/Primary Examiner, Art Unit 1783
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Prosecution Timeline

Dec 22, 2023
Application Filed
Nov 03, 2025
Non-Final Rejection mailed — §103
Feb 03, 2026
Response Filed
May 11, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
54%
Grant Probability
78%
With Interview (+24.3%)
3y 2m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 848 resolved cases by this examiner. Grant probability derived from career allowance rate.

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