DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Any rejections made in a previous Office action and not repeated below are hereby withdrawn.
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 .
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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (WO 2019/022035) in view of Tanii et al. (US 2013/0186139) and Click et al. (US 2020/0017399). Note that Li et al. (US 2020/0207660) will be used as the English translation of Li (WO ‘035), and all citations hereinafter will refer to Li (US ‘660).
Regarding claim 1, Li discloses a chemically strengthened glass sheet subject to a crystallization treatment, which corresponds to a glass-ceramic having a first main surface and a second main surface facing each other, see abstract and [0118-0139]. The reference further discloses the surface compressive stress as greater than 450 MPa and the compressive stress at a depth of 50 microns from the surface as greater than 150 MPa, see Fig. 1.
The reference fails to disclose the claimed non-through holes.
Tanii discloses a surface-treated glass plate having a plurality of concave portions, which corresponds to non-through holes, provided in a glass surface, in which the concave portions have an average open pore diameter of 10 nm to less than 1 micron, which overlaps the claimed range; see abstract and Figs. 1 and 2. The concave portions were observed by an electron microscope [0125]. Additionally, the reference discloses the depth of the concave portion is, in relation with the average pore diameter, preferably in the range of average pore diameter/depth = from 10/100 to 1000/50 [0060]. Note that based on the disclosed diameter size and ratio of diameter to depth, the reference is considered to render obvious a depth of 5 nm to 50 nm. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists; see MPEP 2144.05 I. The reference further discloses that the area ratio of the open pore area of the concave portions to the unit area of the glass surface is preferably from 5 to 80%, which overlaps the claimed range [0014]; see MPEP 2144.05 I. Applications of the surface-treated glass include an optical element such as an antireflection plate [0108].
It would have been obvious to one of ordinary skill in the art to provide the plurality of concave portions disclosed in Tanii on the surface of the glass of Li in order to provide an antireflection effect.
Both references fail to disclose the claimed crystalline phase.
Click discloses a glass-ceramic article having one or more crystalline phase with exemplary crystalline phases including lithium disilicate, see abstract and [0082]. The reference further discloses the lithium disilicate, Li2Si2O5, is an orthorhombic crystal based on corrugated sheets of Si2O5 tetrahedral arrays with the crystals typically having a tabular or lath-like shape with pronounced cleavage planes [0083]. Glass-ceramics based on lithium disilicate offer highly desirable mechanical properties, including high body strength and fracture toughness, due to their microstructures of randomly-oriented interlocked crystals—a crystal structure that forces cracks to propagate thought the material via tortuous paths around the crystals [0083].
It would have been obvious to one of ordinary skill in the art at the time of the invention for the crystalline phase of Li to include lithium disilicate in order to provide to high body strength and fracture toughness.
Regarding claim 2, although Li does not specifically disclose the claimed etching rate, given the glass of Li renders obvious the claimed glass in terms of composition, crystalline phase and crystallinity, the reference is considered to render obvious a glass ceramic with the claimed etching rate ratio; see Li [0074-0075 & 0084] and Tables 1-3 and see Applicant’s claims 3 & 4 and Applicant’s specification [0062]. Products of identical chemical composition can not have mutually exclusive properties; see MPEP 2112.01 II.
Regarding claim 3, Li discloses a glass composition within the claimed ranges; see Table 2 Ex. 10, which corresponds to 68.55 mol% SiO2, 11.61 mol% Li2O and 13.42 mol% Al2O3. Note that a specific example in the prior art which is within the claimed range anticipates the range; see MPEP 2131.03 I.
Regarding claim 4, the reference discloses the crystallinity 10% or higher and 70% or lower, which overlaps the claimed range [0075]; see MPEP 2144.05 I.
Regarding claim 5, given the references render obvious a glass with the claimed composition, compressive stress and surface features, it is expected the disclosed and the claimed glasses will have similar properties regarding reflectance, see above discussion and MPEP 2112.01 II. Further note that Li discloses
Regarding claim 6, Li discloses the glass has a visible transmittance of at least 70% when the thickness is 0.8 mm, which overlaps the claimed range [0065]; see MPEP 2144.05 I.
Regarding claim 7, Li discloses the glass has a thickness of 0.8 mm, which is within the claimed range [0146]; see MPEP 2131.01 I.
Response to Arguments
Applicant’s arguments with respect to claims 1-7 have been considered but are moot in view of a new combination of prior art.
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.
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/LAURA A AUER/ Primary Examiner, Art Unit 1783