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 I, Claims 1-11 in the reply filed on 12/15/25 is acknowledged.
Claims 12-22 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 12/15/25.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hunt et al (US 2022/0242780 A1).
Regarding claims 1-3, 6-9, and 11, Hunt teaches a display device comprising a display module; and a window disposed on the display module, the window comprising a tempered glass substrate (para 3, 12, 117-118, 124) containing a Li+ ion, a Na+ ion, and a K+ ion (e.g., K-enriched, Li-enriched, and Na-enriched), the tempered glass substrate including a base layer and compressive stress layers disposed on at least one of an upper surface and a lower surface of the base layer (e.g., central region) (130) (para 3, 12, 87, 109, 120, 117-118, 124, 199, fig 1a).
Hunt teaches the glass-based articles may have a thickness of greater than 0.02 millimeters (i.e., 20 µm) to less than or equal to 0.74 millimeters (i.e., 740 µm) (para 106). This range substantially overlaps that of the instant claims. It has been held that overlapping ranges are sufficient to establish prima facie obviousness. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have selected from the overlapping portion of the range taught by Hunt, because overlapping ranges have been held to establish prima facie obviousness (MPEP § 2144.05).
Regarding the limitations:
a first region having a first compressive stress change rate
a second region having a second compressive stress change rate smaller than the first compressive stress change rate
each of the first compressive stress change rate and the second compressive stress change rate is defined as a rate of change of compressive stress depending on a depth based on a thickness direction of the tempered glass substrate
the second region includes a first portion adjacent to the first region, the first portion including a first point; a second portion adjacent to the base layer, the second portion including a second point; and a third portion disposed between the first portion and the second portion, the third portion including a third point
a compressive stress at the first point is in a range of about 100 MPa to about 250 MPa, a compressive stress at the second point is in a range of about 50 MPa to 150 about MPa, a compressive stress at the third point is in a range of about 70 MPa to about 200 MPa
the first point is located at a depth of about 30 μm from a surface of the tempered glass substrate based on the thickness direction
the second point is located at a depth of about 70 μm from the surface of the tempered glass substrate based on the thickness direction
the third point is located at a depth of about 50 μm from the surface of the tempered glass substrate based on the thickness direction
the compressive stress layer has a thickness in a range of about 100 μm to about 130 μm
the first region is spaced apart from the base layer with the second region being disposed between the first region and the base layer
Hunt teaches, in regards to glass and being subjected to ion exchange (IOX) the depth of a segment (i.e., region) of increased compressive stress (e.g., strength) (enhanced CS) is dependent upon its ion exchange time (para 79); compressive stress (CS) changes rate or at a specific point is also dependent upon the depth of the point in the substrate after (IOX); and CS is also dependent upon the bath composition in which the glass is submerged; wherein the glass may subjected to multiple IOXs with different bath compositions, and the enhanced-CS region may contain CS values above 100 MPa, above 110 MPa, 120 MPa, 130 MPa, 140 MPa, 150 MPa, and as much as 350 MPa and all ranges therebetween; and in some embodiments the glass-based articles comprise: a depth of compression (DOC) of greater than or equal to 0.12·t (e.g., 20 µm) and/or less than or equal to 0.25·t (e.g., 740 µm), so 2.4 µm to 185 µm (para 19-45, 60-63, 66, 80, 97, 106; figs 3-29).
Therefore, when arriving at the first and second compressive stress change rates; the compressive stress at the first, second, and third points as well as the location of the first, second, and third points; the compressive stress layer thickness; and the location of the first and second region, one of ordinary skill in the art at the time of invention would have been merely experimenting with and adjusting the variables of immersion time and bath composition through multiple immersions to optimize the first and second compressive stress change rates; the compressive stress at the first, second, and third points as well as the location of the first, second, and third points; the compressive stress layer thickness; and the location (or depth) of the first and second region.
As previously noted, Hunt teaches the enhanced-CS region may contain CS values above 100 MPa, above 110 MPa, 120 MPa, 130 MPa, 140 MPa, 150 MPa, and as much as 350 MPa and all ranges therebetween; and in some embodiments the glass-based articles comprise: a depth of compression (DOC) of greater than or equal to 0.12·t (e.g., t = 20 µm) and/or less than or equal to 0.25·t ( e.g., t = 785 µm); so a range of 2.4 µm to 185 µm (para 19-45, 60-63, 66, 80, 97, 106; figs 3-29). These ranges substantially overlap that of the instant claims. It has been held that overlapping ranges are sufficient to establish prima facie obviousness. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have selected from the overlapping portion of the range taught by Hunt, because overlapping ranges have been held to establish prima facie obviousness (MPEP § 2144.05).
Furthermore, Hunt teaches the compressive stresses are measured in ASTM standard C770-16 (para 66)
Regarding claims 4, 5, and 10, Hunt teaches a compressive stress on a surface of the tempered glass substrate is in a range greater than or equal to 450 MPa and less than or equal to 1700 MPa (para 105). This range substantially overlaps that of the instant claims. It has been held that overlapping ranges are sufficient to establish prima facie obviousness. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have selected from the overlapping portion of the range taught by Hunt, because overlapping ranges have been held to establish prima facie obviousness (MPEP § 2144.05).
Regarding the limitation “wherein a value obtained by integrating compressive stress depending on a depth of the compressive stress layer is in a range of about 10,000 J/m2 to about 14,000 J/m2, Hunt suggests or otherwise would have rendered obvious the structure and composition of the window of the instant claims, so it is deemed to meet this limitation and/or possess this property. As stated in In re Best, 562 F.2d 1252, 1255 (CCPA 1977): Where, as here, the claimed and prior art products are identical or substantially identical, or are produced by identical or substantially identical processes, the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product. [citation omitted] Whether the rejection is based on "inherency" under 35 U.S.C. § 102, on "prima facie obviousness" under 35 U.S.C. § 103, jointly or alternatively, the burden of proof is the same, and its fairness is evidenced by the PTO's inability to manufacture products or to obtain and compare prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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