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, 2, 4-13, 15-19, and 21-23 are pending in the application. Claims 3, 14, and 20 have been cancelled. Claims 21-23 have been added.
Amendments to the claims 1, 2, 8, 12, 13, 16, 17, and 19, filed on 9 June 2026, have been entered in the above-identified application.
Answers to Applicants' Arguments
Applicants' arguments in the response filed 9 June 2026, regarding the objections made of record, have been fully considered and are deemed persuasive. The objections have been withdrawn in view of the applicants' arguments and amendments to the claims.
Applicants' arguments in the response filed 9 June 2026, regarding the double patenting rejections made of record, have been fully considered and are deemed persuasive. The rejections have been withdrawn in view of the applicants' arguments and amendments to the claims.
Applicants' arguments in the response filed 9 June 2026, regarding the 35 U.S.C. §102 and §103 rejections made of record, have been fully considered and are deemed persuasive. The rejections have been withdrawn in view of the applicants' arguments and amendments to the claims.
Claim Rejections - 35 USC § 102
Claims 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayashi et al. (US 2015/0104618 A1).
Regarding Claim 21: Hayashi teaches a ceramic color paste containing a glass frit, a vehicle, a heat-resistant pigment, and a large-diameter heat-resistant particle, wherein the large-diameter heat-resistant particle can be only a metal oxide (e.g., manganese oxide, copper oxide, iron oxide, chromium oxide, cobalt oxide, etc.), wherein the vehicle can be a dispersion medium and/or a binder, the binder can be a single inorganic binder (e.g., silica sol) ([0026], [0037], [0046], [0047], [0050], [0054]-[0064], [0068], [0069], [0109], and [0110] of Hayashi). (In the instant case, Hayashi discloses a binder that does not comprise Bi2O3, ZnO, B2O3, or a alkali metal oxide ([0054]-[0063] of Hayashi); which anticipates the claimed limitation of --the at least one binder comprising less than 500 ppm of Bi2O3 and/or less than 500 ppm of ZnO and/or less than 500 ppm of B2O3 and/or less than 500 ppm of an alkali metal oxide based on weight--. See MPEP §2131.03(I).) Hayashi further teaches that the binder can further comprise alkyl celluloses ([0060] and [0061] of Hayashi).
Regarding Claim 22: Hayashi teaches that the paste further comprises at least one additive in the form of a filler ([0026] of Hayashi).
Regarding Claim 23: Hayashi teaches that the paste has at least one of the following features: paste comprises from 15% to 30% by weight of pigment, based on a total weight of the paste and based on a sum total of the pigments comprised in the paste ([0072] of Hayashi), which is sufficiently specific to anticipate the claimed range of --between at least 10% by weight and at most 30% by weight--. See MPEP §2131.03(II).
Allowable Subject Matter
Claims 1, 2, 4-13, and 15-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to the closest prior art of record Esemann et al. (US 2009/0233082 A1: Esemann teaches --a paste--, wherein Esemann's paste further comprises --a paste including at least one decorative pigment mixed with a sol-gel binder and further components in solvent or a dispersion medium; wherein the sol-get binder is preferably prepared from a sol generated in a hydrolysis reaction and subsequent condensation reaction, more particularly an organic silicon compound, in alcoholic solution, for example with water, to form silica or organic silica derivatives, or else organically substituted silica, in which one or more organic radicals remain attached after the hydrolysis; and wherein for obtaining a coating which is colorfast, it is a further measure to use an inorganic thickener such as organo-modified phyllosilicates or silicas for the formula, inorganic thickeners which have proven suitable, in place of the otherwise commonly used organic thickeners, such as the cellulose-- ([0010], [0011], [0017]-[0023], [0034], and [0035] of Esemann). However, Esemann does not teach that --the at least one region which has the applied at least one coating on the at least one side of the glass sheet, has a flexural strength of between at least 80 MPa and at most 300 MPa-- {instant claims 1 and 17}, and is silent with respect to the presence of --lubricants as the at least one filler, wherein a ratio of pigments to lubricant is more than 20:1, based on a total weight of a sum total of the pigments in the paste and a sum total of filler in the form of the lubricant, based in each case on a weight fraction of the respective constituents-- {instant claim 8}. Therefore, the claims as written overcome the prior art of record. Furthermore, no combination of Esemann with any other prior art of record would have provided sufficient motivation for a person having ordinary skill in the art at the time of the invention to have modified Esemann in such a way as to meet the claimed invention. It is these teachings that makes the claim(s) allowable over the prior art of record.
With regards to the closest prior art of record Hayashi et al. (US 2015/0104618 A1): Hayashi teaches --a paste--, wherein Hayashi's paste further comprises --a ceramic color paste containing a glass frit, a vehicle, a heat-resistant pigment, and a large-diameter heat-resistant particle, wherein the large-diameter heat-resistant particle can be only a metal oxide (e.g., manganese oxide, copper oxide, iron oxide, chromium oxide, cobalt oxide, etc.), wherein the vehicle can be a dispersion medium and/or a binder, the binder can be a organic binder (e.g., alkyl cellulose) or a inorganic binder (e.g., silica sol) used either singly or as a combination-- ([0026], [0037], [0046], [0047], [0050], [0054]-[0064], [0068], [0069], [0109], and [0110] of Hayashi)--. However, Hayashi does not teach that --the at least one region which has the applied at least one coating on the at least one side of the glass sheet, has a flexural strength of between at least 80 MPa and at most 300 MPa-- {instant claims 1 and 17}, and is silent with respect to the presence of --lubricants as the at least one filler, wherein a ratio of pigments to lubricant is more than 20:1, based on a total weight of a sum total of the pigments in the paste and a sum total of filler in the form of the lubricant, based in each case on a weight fraction of the respective constituents-- {instant claim 8}. Therefore, the claims as written overcome the prior art of record. Furthermore, no combination of Hayashi with any other prior art of record would have provided sufficient motivation for a person having ordinary skill in the art at the time of the invention to have modified Hayashi in such a way as to meet the claimed invention. It is these teachings that makes the claim(s) allowable over the prior art of record.
With regards to the closest prior art of record Menke-Berg et al. (US 2023/0123130 A1): Menke-Berg teaches --a paste--, wherein Menke-Berg's paste further comprises --a paste comprising at least one binder comprising SiO2, at least one pigment, and at least one dispersion medium; wherein the binder is a glass frit, the glass frit can be a high-Zn frit with less than 0.5% by weight alkali metal oxides, or can be a frit with zero percent by weight of B2O3, Bi2O3, K2O, Li2O, Na2O, and/or ZnO, and wherein the frit comprises 45.5 to 84.7% by weight of the layer; and wherein appropriate organic and inorganic additives are sued to be able to establish the desired viscosity, organic additives such as hydroxypropyl cellulose-- ([0015], [0079], [0080], [0082], [0086], [0094], [0140], [0141], and [0145] of Menke-Berg'877)--. However, Menke-Berg does not teach that --the at least one region which has the applied at least one coating on the at least one side of the glass sheet, has a flexural strength of between at least 80 MPa and at most 300 MPa-- {instant claims 1 and 17}, and is silent with respect to the presence of --lubricants as the at least one filler, wherein a ratio of pigments to lubricant is more than 20:1, based on a total weight of a sum total of the pigments in the paste and a sum total of filler in the form of the lubricant, based in each case on a weight fraction of the respective constituents-- {instant claim 8}. Therefore, the claims as written overcome the prior art of record. Furthermore, no combination of Menke-Berg with any other prior art of record would have provided sufficient motivation for a person having ordinary skill in the art at the time of the invention to have modified Menke-Berg in such a way as to meet the claimed invention. It is these teachings that makes the claim(s) allowable over the prior art of record.
Conclusion
Applicants' 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.
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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/DONALD M FLORES JR/
Donald M. Flores, Jr.Examiner, Art Unit 1781
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