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 .
STATUS OF CLAIMS
Claims 1-20 are pending in the application.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in this application on 22 April 2024.
Claim Objections
Claims 1, 2, 8, 12, 14, 16, 17, and 19 are objected to because of the following informalities:
With Regards to Claim 1: Instant claim 1 recites the limitation --the at least one coating comprises 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 in each case on weight-- in lines 5 to 7, which appears to be a typographical error; it is recommended to correct this to read "the at least one coating comprises less than 500 ppm of Bi2O3,,2O3, or less than 500 ppm of an alkali metal oxide, based in each case on weight".
With Regards to Claim 2: Instant claim 2 recites --the at least one coating comprises-- in line 1, which appears to be a typographical error; it is recommended to correct this to read "the at least one coating further comprises".
With Regards to Claim 8: Instant claim 8 recites the limitation --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 in each case on weight-- in lines 2 to 4, which appears to be a typographical error; it is recommended to correct this to read "the at least one binder comprising less than 500 ppm of Bi2O3,,2O3, or
With Regards to Claim 12: Instant claim 12 recites --organic radial is-- in line 1, which appears to be a typographical error; it is recommended to correct this to read "organic radical
With Regards to Claim 14: Instant claim 14 recites --as a lubricant-- in line 2, which appears to be a typographical error; it is recommended to correct this to read "as the[[a]] lubricant".
With Regards to Claim 14: Instant claim 14 recites --form of lubricant-- in line 3, which appears to be a typographical error; it is recommended to correct this to read "form of the lubricant".
With Regards to Claim 16: Instant claim 16 recites --comprises cellulose-- in line 1, which appears to be a typographical error; it is recommended to correct this to read "comprises the cellulose".
With Regards to Claim 17: Instant claim 17 recites the limitation --the at least one coating comprises 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 in each case on weight-- in lines 6 to 8, which appears to be a typographical error; it is recommended to correct this to read "the at least one coating comprises less than 500 ppm of Bi2O3,,2O3, or
With Regards to Claim 19: Instant claim 19 recites the limitation --the at least one coating comprises at least one additive in the form of a filler-- in lines 1 to 2, which appears to be a typographical error; it is recommended to correct this to read "the at least one coating further comprises at least one additive in the form of a filler".
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 6, 8, 10, 17, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 5, 8, 9, 13, 14, and 18 of copending Application No. 18/046,877 (reference application) (referred to herein as "Menke-Berg'877"). Although the claims at issue are not identical, they are not patentably distinct from each other because they both claim a coated glass pane, a laminate, and a paste.
Regarding Instant Claim 1: Menke-Berg'877 claims a glass sheet, comprising: a glass comprising SiO2 and B2O3; and at least one coating applied in at least one region of at least one side of the glass sheet, the at least one coating comprising at least one binder comprising SiO2 and at least one pigment, the at least one coating comprises 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 in each case on weight (claim 1 of Menke-Berg'877).
Regarding Instant Claim 2: Menke-Berg'877 claims the at least one coating comprises at least one additive in the form of a filler (claims 1, 4, 5, and 9 of Menke-Berg'877).
Regarding Instant Claim 3: Menke-Berg'877 claims the glass sheet, in 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 (claim 1 of Menke-Berg'877).
Regarding Instant Claim 6: Menke-Berg'877 claims at least one of the following features: in at least one subregion or within the entire at least one region of the at least one side of the glass sheet, a further coating is disposed on the glass sheet; the at least one coating comprises between at least 15% by weight and at most 55% by weight of binder; the at least one coating comprises between at least 20% by weight and at most 30% by weight of pigment, based on a sum total of all pigments comprised in the at least one coating; the glass of the glass sheet has a coefficient of linear thermal expansion of between 2 * 10-6/K and 6 * 10-6/K; the glass of the glass sheet comprises at least 60% by weight of SiO2 to at most 85% by weight of SiO2 and/or at least 7% by weight of B2O3 to at most 26% by weight of B2O3; the at least one coating has a coefficient of linear thermal expansion of between at least 3 * 10-6/K and at most 10 * 10-6/K; or the glass sheet has a thickness of between at least 1 mm and at most 12 mm (claims 1 and 8 of Menke-Berg'877).
Regarding Instant Claim 8: Menke-Berg'877 claims a paste for producing a coating on a glass sheet, the paste comprising: at least one binder comprising SiO2, 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 in each case on weight; at least one pigment; and at least one medium (claim 14 of Menke-Berg'877).
Regarding Instant Claim 10: Menke-Berg'877 claims at least one of the following features: the paste comprises between at least 15% by weight and at most 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; the paste comprises between at least 8% by weight and at most 20% by weight of binder, based on the total weight of the paste; the paste comprises between at least 10% by weight and at most 40% by weight of additive, based on the total weight of the paste and based on a sum total of the additive comprised in the paste; the paste comprises a filler having a coefficient of linear thermal expansion of between -10 * 10-6/K and +10 * 10-6/K; or the paste comprises up to 50% by weight of a solvent (claims 14 and 18 of Menke-Berg'877).
Regarding Instant Claim 17: Menke-Berg'877 claims a laminate, comprising: a glass sheet comprising: a glass comprising SiO2 and B2O3; and at least one coating applied in at least one region of at least one side of the glass sheet, the at least one coating comprising at least one binder comprising SiO2 and at least one pigment, the at least one coating comprises 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 in each case on weight; and a further glass sheet (claims 1 and 13 of Menke-Berg'877).
Regarding Instant Claim 20: Menke-Berg'877 claims that the glass sheet, in 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 (claims 1 and 13 of Menke-Berg'877).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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, 2, 4-9, and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Esemann et al. (US 2009/0233082 A1).
Regarding Claim 1: Esemann teaches a glass or glass-ceramic article (ref. #1) comprising a decorative coating layer (ref. #9) on a glass or glass-ceramic substrate (ref. #1), wherein the glass or glass-ceramic substrate being a borosilicate glass, wherein the decorative layer is a porous, particularly nanoporous, ceramic-like structure including at least one decorative pigment mixed with a cured sol-gel binder, and wherein the decorative layer can be applied to cover all or portions of a side (ref. #5) of the glass or glass-ceramic substrate (figure 1, [0001], [0008], [0010], [0016], [0033], [0044], and [0054]-[0057] of Esemann). (In the instant case, Esemann does not disclose the coating as further comprising any amounts of Bi2O3, ZnO, B2O3, or alkali metal oxides, which is considered to meet the claimed limitation of less than 500 ppm of Bi2O3, ZnO, B2O3, or alkali metal oxide.)
Regarding Claim 2: Esemann teaches that the at least one coating further comprises at least one additive in the form of a filler ([0019] of Esemann).
Regarding Claim 4: Esemann teaches that the at least one coating comprises only one binder (figure 1, [0010], and [0057] of Esemann).
Regarding Claim 5: Esemann teaches that the binder is in the form of a sol-gel binder ([0016] and [0057] of Esemann).
Regarding Claim 6: Esemann teaches that the glass sheet has at least one of the following features: in at least one subregion or within the entire at least one region of the at least one side of the glass sheet, a further coating is disposed on the glass sheet (figure 5 and [0076] of Esemann); or the at least one coating comprises not more than 40 percent by weight of binder ([0025], [0033], [and [0057] of Esemann), which is sufficiently specific to anticipate the claimed range of --at least 15% by weight and at most 55% by weight--. See MPEP §2131.03(II).
Regarding Claim 7: Esemann teaches that the at least one coating is microporous in form ([0010] and [0057] of Esemann).
Regarding Claim 8: Esemann teaches a paste including at least one decorative pigment mixed with a sol-gel binder, and a dispersion medium ([0010], [0011], and [0018]-[0023] of Esemann). (In the instant case, Esemann does not disclose the binder as further comprising any amounts of Bi2O3, ZnO, B2O3, or alkali metal oxides, which is considered to meet the claimed limitation of less than 500 ppm of Bi2O3, ZnO, B2O3, or alkali metal oxide.)
Regarding Claim 9: Esemann teaches the paste as further comprising at least one additive in the form of a filler ([0019] of Esemann).
Regarding Claim 11: Esemann teaches that the at least one binder comprising SiO2 is in the form of a sol-gel binder, comprising at least one SiO2 phase crosslinked by hydrolysis and condensation of at least one semi-organic silicon oxide precursor phase, where a semi-organic silicon oxide precursor phase means a silicon compound in which an organic radical is bonded to the silicon atom directly or via an oxygen bridge atom ([0010], [0011], [0020]-[0024] of Esemann).
Regarding Claim 12: Esemann teaches that the organic radical is an alkyl radical (e.g., methyl) ([0064] of Esemann).
Regarding Claim 13: Esemann teaches the paste further comprising at last one filler, wherein the at least one filler is or comprises silica ([0031] of Esemann).
Claims 1, 2, 4-6, 8-10, 13, 15, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayashi et al. (US 2015/0104618 A1).
Regarding Claim 1: Hayashi teaches a ceramic color-attached glass plate comprising a first glass plate (ref. #1) and dried coating film (ref. #2) on portions of a surface of the first glass plate (figure 1, [0028], [0029], and [0097] of Hayashi). Hayashi also teaches that the dried coating film is formed from a ceramic color paste (ref. #2) 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, the exemplary embodiment of Hayashi ([0109] and [0110] of Hayashi) discloses constituents that would result in a paste, and subsequently a coating, free of any alkali metal oxides; which anticipates the claimed limitation of --the at least one coating comprises less than 500 ppm of an alkali metal oxide based on weight--. See MPEP §2131.03(I).)
Regarding Claim 2: Hayashi teaches that the at least one coating further comprises at least one additive in the form of a filler ([0026] of Hayashi).
Regarding Claim 4: Hayashi teaches that the at least one coating comprises only one binder ([0054], [0058], and [0060] of Hayashi).
Regarding Claim 5: Hayashi teaches that the binder is in the form of a sol-gel binder ([0054], [0058], and [0060] of Hayashi).
Regarding Claim 6: Hayashi teaches that the glass sheet has at least one of the following features: the glass sheet has a glass with a thickness of from 0.01 to 50 mm and a coating with a thickness from 1 to 80 µm (e.g., the glass with the coating having a thickness of 3.008 mm [=(3 mm)+(8 µm)]) ([0080], [0082], [0111], and [0116] of Hayashi), which anticipates the claimed range of --between at least 1 mm and at most 12 mm--. See MPEP §2131.03(I).
Regarding Claim 8: 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).)
Regarding Claim 9: Hayashi teaches that the paste further comprises at least one additive in the form of a filler ([0026] of Hayashi).
Regarding Claim 10: 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).
Regarding Claim 13: Hayashi teaches that the paste further comprises at least one filler, wherein the at least one filler is or comprises a silica ([0037], [0038], [0046], and [0047] of Hayashi).
Regarding Claim 15: Hayashi teaches that the paste further comprises cellulose ([0060] and [0061] of Hayashi).
Regarding Claim 17: Hayashi teaches a ceramic color-attached laminated glass containing at least two glass plates (ref. #1 and #4) bonded under pressure via a resinous interlayer film (ref. #6), in which at least one of the glass plates is a ceramic color-attached glass plate comprising one of the two glass plates, having on a portion of a surface of said glass plate, that faces the other glass plate, a dried coating film (ref. #2) formed from a ceramic color paste (ref. #2) (figure 1, [0028], [0029], and [0097] of Hayashi). Hayashi also teaches that the dried coating film is formed from a ceramic color paste (ref. #2) 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, the exemplary embodiment of Hayashi ([0109] and [0110] of Hayashi) discloses constituents that would result in a paste, and subsequently a coating, free of any alkali metal oxides; which anticipates the claimed limitation of --the at least one coating comprises less than 500 ppm of an alkali metal oxide based on weight--. See MPEP §2131.03(I).)
Regarding Claim 18: Hayashi teaches that the at least one coating is disposed between the glass sheet and the further glass sheet (figure 1 and [0097] of Hayashi).
Regarding Claim 19: Hayashi teaches that the at least one coating further comprises at least one additive in the form of a filler ([0026] of Hayashi).
Claims 1, 2, 4, 6, 8-10, 13, 15, and 17-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Menke-Berg et al. (US 2023/0123130 A1) (referred to herein as "Menke-Berg'877").
Regarding Claim 1: Menke-Berg'877 teaches a glass pane comprising a glass comprising SiO2 and B2O-3, and at least one coating in at least one region of at least one side of the glass pane, wherein the coating comprises at least one binder comprising SiO2, at least one pigment, and at least one addition (figure 2 and [0016] of Menke-Berg). Menke-Berg'877 further teaches that 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, wherein the frit comprises 45.5 to 84.7% by weight of the layer ([0043], [0044], [0086], [0140], [0141], and [0145] of Menke-Berg'877); which anticipates the claimed ranges of --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--. See MPEP §2131.03(I).
Regarding Claim 2: Menke-Berg'877 teaches that the at least one coating further comprises at least one additive in the form of a filler ([0016] and [0135] of Menke-Berg'877).
Regarding Claim 4: Menke-Berg'877 teaches that the at least one coating comprises only one binder ([0016] of Menke-Berg'877).
Regarding Claim 6: Menke-Berg'877 teaches that the glass sheet has at least one of the following features: the at least one coating comprises 45.5% by weight of binder ([0145] and [0146] of Menke-Berg'877), which anticipates the claimed range of --at least 15% by weight and at most 55% by weight-- under MPEP §2131.03(I); the at least one coating comprises 19.8% by weight of pigment, based on a sum total of all pigments comprised in the at least one coating ([0145] of Menke-Berg'877), which anticipates the claimed range of --at least 20% by weight and at most 30% by weight-- under MPEP §2131.03(I); the glass of the glass sheet has a coefficient of linear thermal expansion of between 2 * 10-6/K and 6 * 10-6/K ([0061] of Menke-Berg'877), which anticipates the claimed range under MPEP §2131.03(I); the glass of the glass sheet comprises at least 60% by weight of SiO2 to at most 85% by weight of SiO2 and/or at least 7% by weight of B2O3 to at most 26% by weight of B2O3 ([0060] of Menke-Berg'877), which anticipates the claimed range under MPEP §2131.03(I); or the at least one coating has a coefficient of linear thermal expansion of between at least 3 * 10-6/K and at most 10 * 10-6/K ([0061] of Menke-Berg'877), which anticipates the claimed range under MPEP §2131.03(I).
Regarding Claim 8: Menke-Berg'877 teaches a paste comprising at least one binder comprising SiO2, at least one pigment, and at least one dispersion medium ([0015], [0079], and [0080] of Menke-Berg'877). Menke-Berg'877 further teaches that 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, wherein the frit comprises 45.5 to 84.7% by weight of the layer ([0082], [0086], [0140], [0141], and [0145] of Menke-Berg'877); which anticipates the claimed ranges of --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--. See MPEP §2131.03(I).
Regarding Claim 9: Menke-Berg'877 teaches that the paste further comprises at least one additive in the form of a filler ([0079], [0080], and [0105] of Menke-Berg'877).
Regarding Claim 10: Menke-Berg'877 teaches that the paste has at least one of the following features: the paste comprises 25.5% 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 ([0146] of Menke-Berg'877), which anticipates the claimed range of --at least 15% by weight and at most 30% by weight-- under MPEP §2131.03(I); or the paste comprises a filler having a coefficient of linear thermal expansion of between -10 * 10-6/K and +10 * 10-6/K ([0105] of Menke-Berg'877), which anticipates the claimed range under MPEP §2131.03(I).
Regarding Claim 13: Menke-Berg'877 teaches that the paste further comprises at least one filler, wherein the at least one filler is or comprises a silica ([0134]-[0136] of Menke-Berg'877).
Regarding Claim 15: Menke-Berg'877 teaches that the paste further comprises cellulose ([0094] of Menke-Berg'877).
Regarding Claim 17: Menke-Berg'877 teaches a laminated glass pane, the laminate comprises two glass panes, the glass panes comprising a glass comprising SiO2 and B2O-3, and at least one coating in at least one region of at least one side of one of the glass pane, wherein the coating comprises at least one binder comprising SiO2, at least one pigment, and at least one addition (figures 1to 2 and [0016] of Menke-Berg). Menke-Berg'877 further discloses that 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, wherein the frit comprises 45.5 to 84.7% by weight of the layer ([0043], [0044], [0086], [0140], [0141], and [0145] of Menke-Berg'877); which anticipates the claimed ranges of --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--. See MPEP §2131.03(I).
Regarding Claim 18: Menke-Berg'877 teaches that the at least one coating is disposed between the glass sheet and the further glass sheet (figure 1 and [0168] of Menke-Berg'877).
Regarding Claim 19: Menke-Berg'877 teaches that the at least one coating further comprises at least one additive in the form of a filler ([0016] and [0135] of Menke-Berg'877).
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 3 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Menke-Berg et al. (US 2023/0123130 A1) as applied to claims 1 and 17 above.
Regarding Claims 3 and 20: Menke-Berg'877 discloses that the glass sheet, in 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 20 MPa and at most 170 MPa ([0016] and [0047] of Menke-Berg'877); which overlaps the presently claimed range of --at least 80 MPa and at most 300 MPa--. Menke-Berg'877 differs from the claims by failing to disclose an anticipatory example or a range that is sufficiently specific to anticipate the claimed range. However, it has been held that overlapping ranges are sufficient to establish prima facie obviousness. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have selected from the overlapping portion of the range taught by Menke-Berg'877, because overlapping ranges have been held to establish prima facie obviousness. See MPEP §2144.05.
Allowable Subject Matter
Claims 14-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 organomodified 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 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 14} or --cellulose-- {instant claim 15}. 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 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 14} or --the cellulose in an amount of between 0.1 % by weight, based on a total weight of the paste-- {instant claim 16}. 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, Hayashi 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 14} or --the cellulose in an amount of between 0.1 % by weight, based on a total weight of the paste-- {instant claim 16}. 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
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DONALD M FLORES JR/
Donald M. Flores, Jr.Examiner, Art Unit 1781