DETAILED ACTION
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 1 is objected to because of the following informalities: “the” before (a4) in the wherein clause appears to be grammatically incorrect. Also, “mor” in “40% or mor” is misspelled. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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, 3, 5, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yagi et al. (JP 2010001201 machine translation provided) in view of Sprenger et al. (DE 10245234 machine translation provided). Yagi teaches a method for producing crystallized glass, the method comprising melting raw glass material (a1), obtaining a glass molded body by molding the molten glass into a predetermined shaped with a molding unit shaping the molten glass (a2), obtaining a raw glass sheet having at least a crystal nucleus and a separated phase (a3), and crystallizing by applying a heat treatment (a4) (configuration 19 on page 6, 4th- 6th passages on page 17, paragraph bridging pages 19-20). Yagi teaches employing the crystallized glass for a magnetic recording medium substrate (last passage on page 3) and suggests a lithium silicate glass (i.e. configurations 1-2 on page 4, conf. 6 on page 5). Yagi further teaches examples for the crystallized glass that comprises more than 40 mol% of SiO2 and more than 10 mol% of Li2O, such as example 8, as reproduced below.
Ex. 8 (wt.%)
Ex. 8 (mol%)
Claimed range (mol%)
SiO2
65.7
70.0%
40-70
Li2O
7.5
16.1%
10-35
Al2O3
6.5
4.1%
1-15
P2O5
2.5
0.6%
0.5-5
ZrO2
4
2.1%
0.5-5
B2O3
0.0%
0-10
Na2O
0.0%
0-3
K2O
1.5
1.0%
0-1
SnO2
0.5
0.2%
0-4
MgO
0.8
1.3%
0.1-10
BaO
10
4.2%
ZnO
0.5
0.4%
CeO2
0.5
0.2%
Yagi teaches a multi-stage heat treatment for crystal nucleation and for crystal growth, for example, heat treating at 500-650°C for 1-12 hours to form crystal nuclei, and then heat treating at 600-850°C for 1-12 hours to grow crystals (top of page 20). Yagi also teaches heat treating to effect phase separation in the glass, wherein the heat treatment is held at a temperature similar to the temperature for nucleation (550°C-600°C) for 3-12 hours (4th-5th passages on page 17). Although the term annealing is not specified, it would appear the heat treatments comprises annealing, since the glass is held at the heat treatment temperatures to effect nucleation and phase separation. Like Yagi, Sprenger also teaches a production method for a crystallized glass for use as recording medium substrate (top of page 2), the method comprising obtaining a molten glass by melting a glass raw material, obtaining a glass molded body by molding the molten glass into a predetermined shape with a molding unit (8th passage on page 7), obtaining a raw glass sheet having at least one of a crystal nucleus and a separated phase by annealing the glass molded body (9th passage on page 7), and obtaining a crystallized glass by causing crystal growth through heat treatment of the raw glass sheet having a crystal nucleus (9th-10th passages on page 7). Like Yagi, Sprenger also teaches a multistage heat treatment, wherein a first stage provides for crystal nucleation and phase separation of the desired crystallite and the second stage provides for crystallization. Furthermore, Sprenger teaches the multistage heat treatment is considered a multistage annealing program, as the glass body is heated and held at the treatment temperature for 1-2 hours. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to have expected the heat treatments of Yagi to comprise of annealing of glass molded body, as made evident by Sprenger who teaches heat treatments to nucleate and grow crystals comprises annealing the glass body. In the event there is doubt annealing is also provided in the heat treatment steps of Yagi, it also would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated a multi-stage annealing program that results in crystal nucleation and a separated phase, as taught by Sprenger, in the method of Yagi, as it would provide for annealing of the molded glass body while providing for the desired crystallite.
Regarding claim 3, Yagi teaches the raw glass sheet comprises at least one crystal nucleus, as suggested in the tables. A translated version of the bottom portion of examples 6-8 in table 2 is reproduced below. Yagi also teaches the glass sheet has been phase separated and the identification of the crystal phase was made by an X-ray diffraction pattern (page 18), which suggests the separated phase has a peak in small angle X-ray scattering analysis.
PNG
media_image1.png
441
620
media_image1.png
Greyscale
Regarding claim 5, Yagi teaches a melting temperature T1 of 1400-1500°C (bottom of page 19), obtaining the raw glass sheet having a crystal nuclei and separated phase at a temperature T2 of 500-650°C (top of page 20, 4th-5th passages on page 17), and heat treating to crystallize the glass body at a temperature T3 of 600-850°C (top of page 20), wherein T2 is lower than T1 and T3.
Regarding claim 8, Yagi suggests many examples of suitable glass composition including example 8 which meets the claimed compositions of claim 8 including a total amount of SiO2, Al2O3, P2O5, and B2O3 of 74.6%, as seen in the table below.
Ex. 8 (wt.%)
Ex. 8 (mol%)
Claimed range (mol%)
SiO2
65.7
70.0%
40-70
Li2O
7.5
16.1%
10-35
Al2O3
6.5
4.1%
1-15
P2O5
2.5
0.6%
0.5-5
ZrO2
4
2.1%
0.5-5
B2O3
0.0%
0-10
Na2O
0.0%
0-3
K2O
1.5
1.0%
0-1
SnO2
0.5
0.2%
0-4
MgO
0.8
1.3%
0.1-10
BaO
10
4.2%
ZnO
0.5
0.4%
CeO2
0.5
0.2%
Regarding claim 9, in the example the ZrO2 content is 2.1 mol%. While the Al2O3 content is 4.1 mol% in the example, Yagi further teaches the range for Al2O3 content is 4-10wt% (7th passage on page 13). Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to have envisioned a similar glass composition for the crystallized glass having slightly higher aluminum oxide content, such as greater or equal to 5%, as the disclosed range is 4-10 wt.%.
Regarding claim 10, the same example as discussed above satisfies claim 10 as seen below.
Ex. 8 (wt.%)
Ex. 8 (mol%)
Claimed range (mol%)
SiO2
65.7
70.0%
50-70
Li2O
7.5
16.1%
15-30
Al2O3
6.5
4.1%
1-10
P2O5
2.5
0.6%
0.5-5
ZrO2
4
2.1%
0.5-8
B2O3
0.0%
Na2O
0.0%
0-3
K2O
1.5
1.0%
0-1
SnO2
0.5
0.2%
0-2
MgO
0.8
1.3%
0.1-10
BaO
10
4.2%
ZnO
0.5
0.4%
CeO2
0.5
0.2%
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yagi et al. (JP 2010001201 machine translation provided) in view of Sprenger et al. (DE 10245234 machine translation provided) as applied to claim 1 above, and further in view of Jewell et al. (5,486,495). Yagi is not clear if the molding step is performed simultaneously with the nucleation step. Jewell also teaches a similar method for producing a crystallized glass, the method comprising obtaining a molten glass by melting a glass raw material, (a1) (col. 2 lines 65-66), obtaining a glass molded body by molding the molten glass into a predetermined shape with a molding unit (a2) (col. 4 lines 4-18), obtaining a raw glass body having crystal nuclei and a separated phase (a3) (col. 2 line 67, col. 3 lines 1-3, 8-13, col. 5 lines 1-5), and obtaining a crystallized glass by causing crystal growth through heat treatment of the raw glass sheet having crystal nuclei and a separated phase (a4) (col. 3 lines 3-8). Jewell specifies molding the molten glass in a mold and cooling the molten glass (col. 4 lines 15-18), wherein the molten glass in the mold can be cooled to room temperature so as to become solidified (col. 4 lines 18-24), or cooled to the nucleation temperature to effect crystallization and phase separation of the glass molded body (col. 4 lines 25-26, 47-50, col. 5 lines 1-5). Since nucleation occurs at a temperature above the glass transition temperature (col. 4 lines 35-42), the glass is not solidified, which suggests the molding step and nucleation step are simultaneously performed, when the later option of cooling to a nucleation temperature is pursued. It would be obvious to one skilled in the art to recognize the later option would be more energy efficient as it would eliminate the step of cooling all the way down to room temperature and reheating back up to nucleation temperatures. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to have preformed steps a2 and a3 simultaneously so to provide for a more efficient process for obtaining the crystallized glass, as suggested by Jewell.
Claims 3-4 is rejected under 35 U.S.C. 103 as being unpatentable over Yagi et al. (JP 2010001201 machine translation provided) in view of Sprenger et al. (DE 10245234 machine translation provided) as applied to claim 1 above, and further in view of Peuchert et al. (JP2006117511) and Suu (JP 2004220719 machine translation provided). As discussed above, Yagi suggests the raw glass sheet comprises at least one crystal nucleus and the separated phase has a peak in small angle X-ray scattering analysis. Yagi also teaches the crystals have an average size of less than 100nm (top of page 6) for example 20nm-50nm (see tables), but doesn’t specify an inter-particle distance. Peuchert teaches a method for producing a crystallized glass comprising heat treating a raw glass for crystallization (page 26). Peuchert further teaches controlling the size of the microcrystals and the spacing between the microcrystals by controlling the heat treatment, and suggests crystal sizes in the range of 50nm - 500nm. Peuchert also teaches controlling the size and spacing of the microcrystals provides for significant coherent scattering of light at wavelengths shorter than the crystallite size (page 25) for producing white light, and suggests a size of less than or equal to the light wavelength of the exciting UV light. Since UV light has a wavelength in the range of 100nm to 400nm, it is fairly suggested to provide for an inter-particle distance of less than 100nm. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to have controlled the sizing and inter-particle distance to be less than 100nm, i.e. 10nm-100nm, so as provide for the feature of coherent scattering of UV light to produce white light, in the application of LEDs.
Peuchert doesn’t specify using small angle X-ray scattering for determining size and spacing of the particles. Suu teaches a method for producing a crystallized glass comprising melting raw glass material, obtaining a glass molded body by molding the molten glass into a predetermined shaped with a molding unit shaping the molten glass ([0054]), obtaining a raw glass sheet having at least a crystal nucleus and a separated phase, and crystallizing by applying a heat treatment ([0055]-[0056], [0015]). Suu further teaches identifying the crystal nuclei in the raw glass sheet comprising the crystal nucleus and separated phase using small angle X-ray scattering, wherein the crystal nuclei are identified by a peak in the small angle X-ray scattering analysis ([0074]). Since small angle X-ray scattering is a typical means for identifying crystal nuclei, it would have been obvious to one of ordinary skill in the art at the time of the invention to have measured the crystal nuclei size and spacing using small angle X-ray scattering, wherein the crystals are identified by a peak, as taught by Suu.
Claims 6, 12, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yagi et al. (JP 2010001201 machine translation provided) in view of Sprenger et al. (DE 10245234 machine translation provided), and Peuchert et al. (JP2006117511). Yagi teaches a method for producing crystallized glass, the method comprising melting raw glass material, obtaining a glass molded body by molding the molten glass into a predetermined shaped with a molding unit shaping the molten glass, obtaining a raw glass sheet having crystal nuclei and a separated phase, and growing crystals by applying a heat treatment (configuration 19 on page 6, 4th- 6th passages on page 17, paragraph bridging pages 19-20). Yagi teaches employing the crystallized glass for a magnetic recording medium substrate (last passage on page 3) and suggests a lithium silicate glass (i.e. configurations 1-2 on page 4, conf. 6 on page 5). Yagi further teaches examples for the crystallized glass that comprises more than 40 mol% of SiO2 and more than 10 mol% of Li2O, such as example 8, as reproduced below.
Ex. 8 (wt.%)
Ex. 8 (mol%)
Claimed range (mol%)
SiO2
65.7
70.0%
40-70
Li2O
7.5
16.1%
10-35
Al2O3
6.5
4.1%
1-15
P2O5
2.5
0.6%
0.5-5
ZrO2
4
2.1%
0.5-5
B2O3
0.0%
0-10
Na2O
0.0%
0-3
K2O
1.5
1.0%
0-1
SnO2
0.5
0.2%
0-4
MgO
0.8
1.3%
0.1-10
BaO
10
4.2%
ZnO
0.5
0.4%
CeO2
0.5
0.2%
Yagi teaches a multi-stage heat treatment for crystal nucleation and for crystal growth, for example, heat treating at 500-650°C for 1-12 hours to form crystal nuclei, and then heat treating at 600-850°C for 1-12 hours to grow crystals (top of page 20). Yagi also teaches heat treating to effect phase separation in the glass, wherein the heat treatment is held at a temperature similar to the temperature for nucleation (550°C-600°C) for 3-12 hours (4th-5th passages on page 17). Although the term annealing is not specified, it would appear the heat treatments comprises annealing, since the glass is held at the heat treatment temperatures to effect nucleation and phase separation. Like Yagi, Sprenger also teaches a production method for a crystallized glass for use as recording medium substrate (top of page 2), the method comprising obtaining a molten glass by melting a glass raw material, obtaining a glass molded body by molding the molten glass into a predetermined shape with a molding unit (8th passage on page 7), obtaining a raw glass sheet having at least one of a crystal nucleus and a separated phase by annealing the glass molded body (9th passage on page 7), and obtaining a crystallized glass by causing crystal growth through heat treatment of the raw glass sheet having a crystal nucleus (9th-10th passages on page 7). Sprenger also teaches a multistage heat treatment, wherein a first stage provides for crystal nucleation and phase separation of the desired crystallite and the second stage provides for crystallization. Furthermore, Sprenger teaches the multistage heat treatment is considered a multistage annealing program, as the glass body is heated and held at the treatment temperature for 1-2 hours. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to have expected the heat treatments of Yagi to comprise of annealing of glass molded body, as made evident by Sprenger who teaches heat treatments to nucleate and grow crystals comprises annealing the glass body. In the event there is doubt annealing is also provided in the heat treatment steps of Yagi, it also would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated a multi-stage annealing program that results in crystal nucleation and a separated phase, as taught by Sprenger, in the method of Yagi, as it would provide for annealing of the molded glass body while providing for the desired crystallite.
Also, Yagi teaches the crystals have an average size of 100nm or less (top of page 6), but doesn’t specify an inter-particle distance. Peuchert teaches a method for producing a crystallized glass comprising heat treating a raw glass for crystallization (page 26). Peuchert further teaches controlling the size of the microcrystals and the spacing between the microcrystals by controlling the heat treatment, and suggests crystal sizes in the range of 50nm-500nm. Peuchert also teaches controlling the size and spacing of the microcrystals provides for significant coherent scattering of light at wavelengths shorter than the crystallite size (page 25), and suggests a size of less than or equal to the light wavelength of the exciting UV light. Since UV light has a wavelength in the range of 100nm to 400nm, it is fairly suggested to provide for an inter-particle distance of less than 100nm. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to have controlled the sizing and inter-particle distance to be less than 100nm, i.e. 10nm-100nm, so as provide for the feature of coherent scattering of UV light. Also, Yagi teaches identification of crystal by using X-ray diffraction (page 18). Thus, the inter-particle distance would have been measured by X-ray scattering.
Regarding claim 12, Yagi suggests many examples of suitable glass composition including example 8 which meets the claimed compositions of claim 8 including a total amount of SiO2, Al2O3, P2O5, and B2O3 of 74.6%, as seen in the table below.
Ex. 8 (wt.%)
Ex. 8 (mol%)
Claimed range (mol%)
SiO2
65.7
70.0%
40-70
Li2O
7.5
16.1%
10-35
Al2O3
6.5
4.1%
1-15
P2O5
2.5
0.6%
0.5-5
ZrO2
4
2.1%
0.5-5
B2O3
0.0%
0-10
Na2O
0.0%
0-3
K2O
1.5
1.0%
0-1
SnO2
0.5
0.2%
0-4
MgO
0.8
1.3%
0.1-10
BaO
10
4.2%
ZnO
0.5
0.4%
CeO2
0.5
0.2%
Regarding claim 14, in the example the ZrO2 content is 2.1 mol%. While the Al2O3 content is 4.1 mol% in the example, Yagi further teaches the range for Al2O3 content is 4-10wt% (7th passage on page 13). Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to have envisioned a similar glass composition for the crystallized glass having slightly higher aluminum oxide content, such as greater or equal to 5%, as the disclosed range is 4-10 wt.%.
Regarding claim 16, the same example as discussed above satisfies claim 16 as seen below.
Ex. 8 (wt.%)
Ex. 8 (mol%)
Claimed range (mol%)
SiO2
65.7
70.0%
50-70
Li2O
7.5
16.1%
15-30
Al2O3
6.5
4.1%
1-10
P2O5
2.5
0.6%
0.5-5
ZrO2
4
2.1%
0.5-8
B2O3
0.0%
Na2O
0.0%
0-3
K2O
1.5
1.0%
0-1
SnO2
0.5
0.2%
0-2
MgO
0.8
1.3%
0.1-10
BaO
10
4.2%
ZnO
0.5
0.4%
CeO2
0.5
0.2%
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Yagi et al. (JP 2010001201 machine translation provided) in view of Sprenger et al. (DE 10245234 machine translation provided) as applied to claim 1 above, and further in view of Zou (2007/0071956). Yagi teaches the glass body is an information recording medium substrate (bottom of page 3) comprising lithium disilicate as a crystalline phase (configuration 1 on page 4). Yagi doesn’t specify a glass transition temperature. Zou also teaches a method for producing a crystallized glass body to be used for as an information recording medium ([0001]), the method comprising heat treating to nucleate, phase separate, and crystallize the glass ([0154]). Zou further teaches the heat treatment comprises phase splitting and nucleating at a temperature about the glass transition temperature, i.e. Tg to Tg+60°C ([0171]-[0172]). Zou exemplifies temperatures in the range of 700-850°C. Zou further teaches growing the crystals at a starting temperature of 850°C to 1,150°C ([0172]). It can be seen the starting crystallization temperature overlaps with the upper temperature of the nucleation and phase splitting temperature and the crystallized glass has a difference of the crystallization temperature from the glass transition temperature (Tx – Tg) within the range of 50°C to 200°C. Yagi teaches a similar trend of overlapping temperatures, i.e. nucleating temperature of 500-650°C and crystallization temperature of 600-850°C. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to have expected a similar difference (Tx-Tg) that falls within the range of 50°C-200°C between the starting crystallization temperature and the glass transition temperature in the method Yagi, as Zou teaches the nucleation and phase splitting step is performed around the glass transition temperature and the starting crystallization temperature can be close in value to that of the nucleation temperature, i.e. +50°C.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yagi et al. (JP 2010001201 machine translation provided) in view of Sprenger et al. (DE 10245234 machine translation provided), and Peuchert et al. (JP2006117511) as applied to claim 16 above, and further in view of Zou (2007/0071956). Yagi teaches the glass body is an information recording medium substrate (bottom of page 3) comprising lithium disilicate as a crystalline phase (configuration 1 on page 4). Yagi doesn’t specify a glass transition temperature. Zou also teaches a method for producing a crystallized glass body to be used for as an information recording medium ([0001]), the method comprising heat treating to nucleate, phase separate, and crystallize the glass ([0154]). Zou further teaches the heat treatment comprises phase splitting and nucleating at a temperature about the glass transition temperature, i.e. Tg to Tg+60°C ([0171]-[0172]). Zou exemplifies temperatures in the range of 700-850°C. Zou further teaches growing the crystals at a starting temperature of 850°C to 1,150°C ([0172]). It can be seen the starting crystallization temperature overlaps with the upper temperature of the nucleation and phase splitting temperature and the crystallized glass has a difference of the crystallization temperature from the glass transition temperature (Tx – Tg) within the range of 50°C to 200°C. Yagi teaches a similar trend of overlapping temperatures, i.e. nucleating temperature of 500-650°C and crystallization temperature of 600-850°C. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to have expected a similar difference (Tx-Tg) that falls within the range of 50°C-200°C between the starting crystallization temperature and the glass transition temperature in the method Yagi, as Zou teaches the nucleation and phase splitting step is performed around the glass transition temperature and the starting crystallization temperature can be close in value to that of the nucleation temperature, i.e. +50°C.
Response to Arguments
Applicant’s arguments, see pages 9-10, filed November 26, 2025, with respect to Hnat, Sprenger and Jewell have been fully considered and are persuasive. The rejections of claim 1 under Hnat, Sprenger, or Jewel have been withdrawn.
Applicant's arguments regarding Yagi, on page 11 have been fully considered but they are not persuasive. Applicant argues Yagi teaches an essential component for the glass body includes LiO2, for producing lithium disilicate crystals, while Sprenger teaches an alkali free glass; thus, substitution of the glass of Yagi would modify Yagi unsatisfactory for its intended purpose. The modification of Yagi did not require the substitution of the glass of Yagi. Instead, Sprenger was relied upon to teach using an annealing treatment for producing crystal nuclei and cause phase separation, as the heat treatment from annealing can similarly provide nucleation and phase separation.
Applicant also argues significant compositional differences between Yagi and Peuchert. However, specifics for the differences were not provided. Nonetheless, both Yagi and Peuchert are analogous art in that both are concerned with crystallizing glass. One skilled in the art would look to Peuchert for its teaching of controlling the heat treatment to effect the desired crystal size distribution as well as the spacing between the crystals, even if the glass compositions differ.
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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/QUEENIE S DEHGHAN/Primary Examiner, Art Unit 1741