Prosecution Insights
Last updated: August 07, 2026
Application No. 18/547,552

GLASS CERAMIC WITH QUARTZ SOLID SOLUTION PHASES

Final Rejection §102
Filed
Aug 23, 2023
Priority
Feb 24, 2021 — EU 21159117.7 +1 more
Examiner
WIESE, NOAH S
Art Unit
6221
Tech Center
6200
Assignee
Ivoclar Vivadent AG
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
947 granted / 1136 resolved
+23.4% vs TC avg
Minimal -2% lift
Without
With
+-2.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
37 currently pending
Career history
1172
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
53.7%
+13.7% vs TC avg
§102
20.9%
-19.1% vs TC avg
§112
22.5%
-17.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1136 resolved cases

Office Action

§102
DETAILED ACTION Status of Application Acknowledgement is made of amendments filed 03/12/2026. Upon entering the amendments, claims 4-5 are canceled, claim 26 is added, and claims 1-2 are added. The claims 1-3, 6-22, and 26 are pending and presented for the examination. Information Disclosure Statement 2. The information disclosure statement (IDS) submitted on 03/12/2026 was filed after the mailing date of the Non-Final Office Action on 12/12/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Rejections Over USC 112 Withdrawn 3. Claim 2 has been amended to overcome the indefiniteness rejection set forth in the previous office action. Therefore, this ground of rejection is withdrawn. Claim Rejections - 35 USC § 102 4. 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. 5. Claims 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dittmer et al (US 2018/0244563 A1). Regarding claim 19, Dittmer et al teaches a lithium silicate-wollastonite glass ceramic that comprises 72.7 wt% SiO2, 3.3 wt% Al2O3, and 12.9 wt% Li2O (see Table 1, example 29). The glass ceramic is formed from a starting glass having the same composition. As such, Dittmer et al teaches a starting glass comprising the components (SiO2, Li2O, and Al2O3 in the respective ranges) of instant claim 1. The claim remains anticipated by the prior art of record. Regarding claim 20, the Dittmer et al starting glasses are subject to nucleation (see Table 1), and the resultant glass ceramics contain lithium disilicate and two quartz solid solution phases. Said starting glass thus contains nuclei for the crystallization of two different quartz solid solution phase and for lithium disilicate. Claim 19, from which claim 20 depends, is drawn to a glass comprising the components of instant claim 1, and these are listed in claim 1 as the SiO2, Li2O, and Al2O3 compounds from which the glass and glass-ceramic are made. The claim 19 glass does not need to contain the crystalline phases of the amended claim 1. Claim 20 further limits the claim 19 by reciting that there are nuclei for the crystallization of two different quartz solid solution phases and for lithium disilicate or lithium metasilicate. Thus, the claim 20 glass also does not need to contain the crystalline phases of amended claim 1 or nuclei for forming the same. In Dittmer et al, the crystalline phases of wollastonite and lithium aluminosilicate phases are quartz solid solution phases according to the definitions of the instant Specification, and as such, the Dittmer et al starting glass has nuclei for forming phases meeting the instant claim 20 limitations after the nucleation step. Claim 20 therefore remains anticipated by the prior art of record. Allowable Subject Matter 6. Claims 1-3, 6-18, 21-22, and 26 are allowed. The prior art, either alone or in combination, fails to teach or suggest a glass ceramic comprising SiO2, Al2O3, and Li2O in amounts falling within the ranges of the instant claims, and wherein the glass ceramic comprises at least two different quartz solid solution phases having the X-ray powder diffraction characteristics of instant claim 1. Response to Arguments 7. Applicant’s arguments filed 03/12/2026 have been fully considered. The arguments are persuasive regarding the amended claims 1-2 and claims 3, 6-18, 21-22, and 26 depending therefrom, and the previously applied grounds of prior art rejection are thus withdrawn from these claims. The arguments are not, however, persuasive regarding claims 19-20. As discussed above, claim 19 is drawn to a starting glass with the components of instant claim 1. These are the ranges of SiO2, Li2O, and Al2O3. The limitations to the quartz solid solution phases and characteristic X-ray powder diffraction peaks are not a part of claim 19, and the coverage of the claim is not limited by any ability to form such phases and peaks. Thus, a glass meeting the claim 1 compositional limitations anticipates the starting glass of claim 19; even though said claim depends from allowed claim 1, the wording of the claim means that it does not contain all of the limitations that render claim 1 allowable. Thus, the grounds of rejection previously issued are maintained for claims 19 and 20 for the reasons set forth above. Conclusion 8. Claims 1-3, 6-18, 21-22, and 26 are allowed. Claims 19-20 are rejected. 9. THIS ACTION IS MADE FINAL. 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. 10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH S WIESE whose telephone number is (571)270-3596. The examiner can normally be reached on Monday-Friday, 7:30am-4:30pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 11. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NOAH S WIESE/Primary Examiner, Art Unit 1731 NSW5 June 2026
Read full office action

Prosecution Timeline

Aug 23, 2023
Application Filed
Dec 12, 2025
Non-Final Rejection mailed — §102
Mar 12, 2026
Response Filed
Jun 10, 2026
Final Rejection mailed — §102 (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
83%
Grant Probability
81%
With Interview (-2.0%)
2y 2m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1136 resolved cases by this examiner. Grant probability derived from career allowance rate.

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