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
Claims 1-18 are pending in the application, claims 13-16 are withdrawn from consideration.
Amendments to the claim 1, filed on 13 January 2026, have been entered in the above-identified application.
Election/Restrictions
Applicants' election without traverse of claims 1-12, 17, and 18 in the reply filed on 13 January 2026 is acknowledged.
Claims 13-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 13 January 2026.
Examiner’s Notes
With Regards to Claim 1: Claim 1 recites the limitation "less than 0.01-3*10-5*(1/K)*(Va-EW)+2.8*10-8*(1/K2)*(Va-EW)2" in lines 3 to 4. The claim does not recite what "K" is, but the specification appears to indicate "K" as being "Kelvin". For clarity the limitation will be treated by the examiner to read as "less than 0.01-[(3x10-5/°K)*(Va-EW)]+[(2.8x10-8/°K2)*(Va-EW)2].
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mennemann et al. (US 2014/0284577 A1).
Regarding Claims 1, 3, 4, and 18: Mennemann teaches a thin, flat glass formed by a down draw or overflow fusion process to a thickness of less than 2 mm, or at most 0.2 mm to at least 0.02 mm (200 µm to 20 µm), with two fire-polished surfaces due to the formation process, wherein the fire-polished surfaces have a root mean square roughness (Rq or RMS) of at most 5 nm and a depth of roughness (Rt) of at most 6 nm, wherein the glass has a composition comprising from 30 to 60 % by mol of SiO2, 0 to 20 % by mol of B2O3, 10 to 25 % by mol of ZnO, 10 to 25 % by mol BaO, and can further comprise 0 to 10 % by mol Na2O, 0 to 8 % by mol K-2O, and/or 0 to 2 % by mol Li2O (claims 1 and 3, [0018]-[0022], [0025], [0027], [0030]-[0042], and [0078] of Mennemann). Mennemann also teaches that the hot processing temperatures (VA) of the glasses range from lower than 1000°C (1273°K) and particularly preferably in a range of 820°C to 970°C (1093°K to 1243°C) (e.g., 825°C to 961°C [1098°K to 1234°K]), the glass having melting temperatures of at least 800°C and at most 1150°C (1073°K to 1423°K), preferably 900°C to 1100°C (1173°K to 1373°K), that the glass have glass transition temperatures in the range of 550°C to 750°C (823°K to 1023°K), preferably 600°C to 700°C (873°K to 973°K), and the glass having measured softening temperatures (EW) of 825°C to 961°C (973°K to 1056°K) ([0055]-[0057] and [0078] of Mennemann).
Mennemann does not explicitly recite --a relative total thickness variation (TTV) of less than 0.01-[(3x10-5/°K)*(Va-EW)]+[(2.8x10-8/°K2)*(Va-EW)2], wherein Va is a processing temperature of the flat glass and EW is a softening point of the flat glass-- {instant claim 1}, --the relative total thickness variation is less than 0.009-- {instant claim 3}, -- the relative total thickness variation is measured in lanes orthogonally with respect to a drawing direction by a continuous thickness measurement of a thinned glass body in a 2 mm broad band in the center of the thinned glass body, and is calculated for a section with a length of 160 mm each-- {instant claim 4}, or --the relative total thickness variation is less than 0.005-- {instant claim 18}. Mennemann gives exemplary embodiments wherein the Va ranges from 1098°K to 1234°K and EW ranges from 973°K to 1056°K ([0078] of Mennemann), as such, a person having ordinary skill in the art could have calculated that the TTV would have to be less than 0.004 [=0.01-[(3x10-5/°K)*((1234°K)-(973°K))]+[(2.8x10-8/°K2)*((1234°K)-(973°K))2]] (e.g., "IX" less than 0.005). However, Mennemann does not teach the TTV of the flat glass, but does use the same material and same process as applicants (i.e., a flat glass comprising at least two fire-polished surfaces; see (claims 1 and 3, [0018]-[0022], [0025], [0027], [0030]-[0042], [0055]-[0057], and [0078]) of Mennemann and ([Pg. 2: li. 7-14], [Pg. 3: li. 11-15], [Pg. 16: li. 26 to Pg. 17: li. 5], and [Pg. 18: li. 22-26]) of the filed specification). Therefore, it is the decision of the examiner that the flat glass of Mennemann inherently possesses a TTV of less than 0.01-[(3x10-5/°K)*(Va-EW)]+[(2.8x10-8/°K2)*(Va-EW)2] {instant claim 1}, is less than 0.009 {instant claim 3}, and less than 0.005 {instant claim 18}, when the relative total thickness variation is measured in lanes orthogonally with respect to a drawing direction by a continuous thickness measurement of a thinned glass body in a 2 mm broad band in the center of the thinned glass body, and is calculated for a section with a length of 160 mm each {instant claim 4}. See MPEP §2112.
Regarding Claim 2: Mennemann teaches that the flat glass has a thickness of less than 2 mm ([0027] of Mennemann); which is sufficiently specific to anticipate the claimed range of --less than 2 mm--. See MPEP §2131.03(II).
Regarding Claim 5: Mennemann teaches that between EW and Va there is a difference of 178°K (example "IX" in [0078] of Mennemann); which anticipates the claimed range of --< 500 K--. See MPEP §2131.03(I).
Regarding Claim 6: Mennemann teaches that the flat glass further comprises a root-mean-squared roughness of at most 5 nm and a roughness depth Rt of the flat glass of at most 6 nm ([0025] of Mennemann); which is sufficiently specific to anticipate the claimed ranges of --at most 5 nm-- and --at most 6 nm--. See MPEP §2131.03(II).
Regarding Claim 7: Mennemann teaches that the flat glass is at least one glass selected from the group consisting of: silicate glass, borate glass, alkali silicate glass, alkaline earth silicate glass, aluminosilicate glass, titanium silicate glass, lanthanum borate glass, and borosilicate glass ([0030]-[0053] of Mennemann).
Regarding Claim 8: Mennemann teaches the claimed flat glass which can composition comprising from 30 to 60 % by mol of SiO2, 0 to 20 % by mol of B2O3, 10 to 25 % by mol of ZnO, 10 to 25 % by mol BaO, and can further comprise 0 to 10 % by mol Na2O, 0 to 8 % by mol K-2O, and/or 0 to 2 % by mol Li2O (claims 1 and 3, and [0030]-[0042] of Mennemann); wherein a person having ordinary skill in the art could have calculated for at least a mixture of 60% by mol SiO2, 10% by mol B2O3, 10% by mol ZnO, 10% by mol BaO, and 10% by mol of Na2O that Na2O would be present in an amount of 9% by weight; which is sufficiently specific to anticipate the claimed range of --at least 3 % by weight of alkali metal oxide--. See MPEP §2131.03(II).
Regarding Claims 9-12: Mennemann teaches the claimed flat glass which can comprise from 50.67% by mol of SiO2, 7.33% by mol of B2O3, 18.34% by mol of ZnO, 17.13% by mol BaO, 3.05% by mol Al2O3, 0.74% by mol ZrO2, and 2.75% by mol Nb2O5 ([0030]-[0053], and example "IX" of [0078] of Mennemann); wherein a person having ordinary skill in the art could have calculated Al2O3, B2O3, ZrO2, and SiO2 to comprise about 3.53% by weight, 5.79% by weight, 1.03% by weight, and 34.56% by weight, respectively; which anticipates the claimed ranges of --0 to 5 % by weight of Al2O3-- {instant claim 9}, --0 to 15 % by weight of B2O3-- {instant claim 10}, --0 to 3 % by weight of ZrO2-- {instant claim 11}, and --at least 20 % by weight and at most 85 % by weight of SiO2, at most 5% by weight of Al2O3, at most 15% by weight of B2O3, and/or at most 3 % by weight of ZrO2-- {instant claim 12}. See MPEP §2131.03(I).
Regarding Claim 17: Mennemann teaches that the flat glass can have a thickness of at most 0.2 mm and at least 0.02 mm (at most 200 µm and at least 20 µm) ([0027] of Mennemann); which is sufficiently specific to anticipate the claimed range of --less than 250 µm--. See MPEP §2131.03(II).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Donald M. Flores, Jr. whose telephone number is (571) 270-1466. The examiner can normally be reached 7:30 to 17:00 M-F; Alternate Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at (571) 270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONALD M FLORES JR/
Donald M. Flores, Jr.Examiner, Art Unit 1781
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