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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-39 and 44-77 are obvious over Pasionek et al. (US 2020/0399949 A1) in view of Gong et al. (US 2024/0025799 A1).
Regarding claims 1-17, 26-34, 47-72, 75-77,
Pasionek teaches a vacuum insulating glass (VIG) unit (a panel) comprising: a first glass substrate (2 or 60a); a second glass substrate (3 or 60b); a plurality of spacers (5) provided between a gap between at least the first and second glass substrates, wherein the gap is at pressure less than atmospheric pressure; a pump-out tube (8 or 40a’, an evacuation tube) comprising glass (Pasionek: abstract; Figs. 3 and 7; par. 0004, 0007, and 0039-0040).
The end portion and/or tip of the evacuation tube (8) is sealed to form a tip seal, wherein the tip seal includes a first side comprising a convex surface (the outermost surface of the tip of 8) and a second side comprising a concave surface (the cavity formed from the gap or core of 8), the second side located closer to the gap than is the first side, so that the convex surface arcs away from the gap and the concave surface arcs toward the gap as shown in Fig. 7 or Fig. 11 (Pasionek: Figs. 7 and 11; par. 0060-0066). That is, the first side may be considered an upper side having an apex of the convex surface may be considered to extend away from the gap, and the second side may be considered to have an apex of the concave surface may be considered to extend toward the gap.
Pasionek is silent towards the glass composition of the evacuation tube and the first and second glass substrates and is thus silent towards the total iron (wt%) ratio Itube/Isubstrate being at least 3, 5, or 10 and the iron content, expressed as Fe2O3, for the first and second glass substrates and the evacuation tube, the ratio of CaOsubstrate/CaOtube and the amount of calcium oxide and sodium oxide in the evacuation tube.
Gong teaches a vacuum insulated glazing unit comprising: a first glass substrate; second glass substrate; and an evacuation tube (Gong: abstract; par. 0028, 0062, and 0085).
Gong further teaches the glass substrates may have total iron content expressed as (Fe2O3) in the range of 1 to 6 wt% which is overlapping endpoints due to the about language in claim 16 and 17 of about 0.0005 to about 0.30% and 0.30% of Fe2O3 (Gong: par. 0028). The evacuation tube may have a total iron content expressed as (Fe2O3) in the range of 0.01 to 20 wt%, which overlaps with the claimed at least 2, 3, and 3.5-7.0 wt% of Fe2O3 (Gong: par. 0085). Resulting in an overlapping ratio as the upper end of the range may be 20/1 or a 20 ratio which resides within the narrowest claimed range of at least 20. The substrate and the evacuation tube may both have ferric and ferrous oxide present also resulting in overlapping ranges with the ratios of at least 5.0 and higher (Gong: par. 0028 and 0085). Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range discloses the claimed range with sufficient specificity. See MPEP 2131.03 and Ex parte Lee, 31 USPQ2d 1105 (Bd. Pat. App. & Inter. 1993).
Gong further teaches the glass substrates may comprise: silicon oxide in the range of 50-70 wt%, which overlaps with the claimed 60-75 wt%; sodium oxide from 0-16 wt%, which overlaps with the claimed 10-20 wt%; calcium oxide from 1-7 wt%, which overlaps with the claimed 5-15 wt%; and a total iron content expressed as (Fe2O3) in the range of 1 to 6 wt%, which overlaps the claimed 0.0005-1.25 wt%; and overlapping other elements such as MgO and Al2O3 (Gong: par. 0028).
Gong further teaches the evacuation tube may comprise: silicon oxide from 10-65 wt%, which overlaps with the claimed 60-77 wt% and 63-75 wt%; sodium oxide from 10-30 wt%, which overlaps with the claimed 3-20 wt% and 4-17 wt%; calcium oxide from 0.01-20 wt%, which overlaps with the claimed 0-15 wt% and 0-6 wt%; a total iron content expressed as (Fe2O3) in the range of 0.01 to 20 wt%, which overlaps with the claimed at least 2-10 wt% and 3-8 wt% of Fe2O3; and overlapping proportions of other claimed elements such as MgO, Al2O3, and K2O (Gong: par. 0085).
Gong further teaches the ratio of CaO substrate/CaOtube is 1-7/0.01-20 overlaps with the claimed at least 5 and at least 25 as you have 7/0.01 which is 700. Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range discloses the claimed range with sufficient specificity. See MPEP 2131.03 and Ex parte Lee, 31 USPQ2d 1105 (Bd. Pat. App. & Inter. 1993).
Pasionek and Gong are in the corresponding field of vacuum insulating units with glass substrates and evacuation tubes. Therefore, it would be obvious to one of ordinary skill in the art to adjust the glass compositions of the substrates and the evacuation tube in Pasionek to have the proportions and ratios for improved thermal insulation and sealant properties for operation as a vacuum insulated glazing unit as taught by Gong.
Regarding claims 18-20,
Pasionek and Gong teach the vacuum insulating panel required by claim 1. The combination is silent towards the visible transmittance of the first and/or second glass substrate being at least 50%, 70%, and 80%.
However, the combination teaches the same composition and thickness as explained in the respective rejections above and below. Thus, it would be expected to inherently have the claimed transparency. When the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, the prior art products necessarily possess the characteristics of the claimed product. See MPEP 2112.01.
Regarding claims 21,
Pasionek and Gong teach the vacuum insulating panel required by claim 1. Pasionek further teaches the first and second class substrates may each have a thickness of 4 mm or less which overlaps with the claimed 1-12 mm thick (Pasionek: par. 0077). Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range discloses the claimed range with sufficient specificity. See MPEP 2131.03 and Ex parte Lee, 31 USPQ2d 1105 (Bd. Pat. App. & Inter. 1993).
Regarding claims 22 and 23,
Pasionek and Gong teaches the vacuum insulating panel required by claim 1. Pasionek further teaches the evacuation tube has an inner diameter and/or size, D1, of greater than or equal to 0.50 mm which overlaps with the claimed at least 2.0 mm (Pasionek: par. 0038 and 0051). Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range discloses the claimed range with sufficient specificity. See MPEP 2131.03 and Ex parte Lee, 31 USPQ2d 1105 (Bd. Pat. App. & Inter. 1993).
Regarding claim 24,
Pasionek and Gong teaches the vacuum insulating panel required by claim 1.Pasionek further teaches the evacuation tube is oriented substantially perpendicular to major substantially parallel surfaces of the first glass substrate as shown in Figures 7 and 11 (Pasionek: Figs. 7 and 11).
Regarding claims 25 and 39,
Pasionek and Gong teaches the vacuum insulating panel required by claim 1. Pasionek further teaches embodiments in which the tip seal is formed from lasers and is dome shaped (Pasionek: Fig. 3 and Figs. 7-11; par. 0017-0019).
Regarding claims 35-38,
Pasionek and Gong teaches the vacuum insulating panel required by claim 1. Pasionek further teaches a portion of the tip seal has a glass thickness (DT) that has the same thickness as the diameter described as D2, which is the outer tube diameter in Pasionek, which has a thickness relationship D1, which is the inner diameter of the tube, of greater than or equal to 0.50 mm and D2 – D1 is less than or equal to 2 mm resulting in an upper end point of the outer diameter thickness of 1.5 mm and lower which overlaps with the claimed ranges of at least 0.3 mm, at least 0.4 mm, and at least 0.8 mm. Said thickness direction may be considered to be parallel to a lengthwise axis of the tube (Pasionek: par. 0038 and 0051).Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range discloses the claimed range with sufficient specificity. See MPEP 2131.03 and Ex parte Lee, 31 USPQ2d 1105 (Bd. Pat. App. & Inter. 1993).
Regarding claim 44,
Pasionek and Gong teaches the vacuum insulating panel required by claim 1. Pasionek further teaches the first and second glass substrates may be tempered glass substrates (Pasionek: par. 0078).
Regarding claim 45,
Pasionek and Gong teaches the vacuum insulating panel required by claim 1. Pasionek further teaches the panel may be configured for use in a window (Pasionek: par. 0080).
Regarding claim 46,
Pasionek and Gong teaches the vacuum insulating panel required by claim 1. Pasionek further teaches the panel further comprises an edge seal (Pasionek: par. 0083).
Regarding claims 73-74
Pasionek teaches the vacuum insulating panel required by claim 1. Pasionek is silent towards the evacuation tube and one or both substrates having a coefficient of thermal expansion (CTE) from about 8.6 x10-6 K to about 9.4 x 10-6 K and the narrower range of 8.8x10-6 K to about 9.2x10-6 K.
Gong teaches a vacuum insulated glazing unit comprising: a first glass substrate; second glass substrate; and an evacuation tube (Gong: abstract; par. 0028, 0062, and 0085). The glass substrates and the evacuation tubes may have compatible CTE values that are within 5% of each other and may be in a range of 10x10-6 K or less which overlaps with the claimed ranges (Gong: par. 0086). Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range discloses the claimed range with sufficient specificity. See MPEP 2131.03 and Ex parte Lee, 31 USPQ2d 1105 (Bd. Pat. App. & Inter. 1993).
Pasionek and Gong are in the corresponding field of vacuum insulating units with glass substrates and evacuation tubes. Therefore, it would be obvious to one of ordinary skill in the art to adjust the glass compositions of the substrates and the evacuation tube in Pasionek to have compatible CTEs, such as the claimed CTE ranges, to provide improved CTE properties for operation as a vacuum insulated glazing unit as taught by Gong.
Allowable subject matter
Claims 40-43 are objected to for depending on a rejected claim but contains allowable subject matter.
Regarding claim 40,
Cited art does not teach or suggest the claimed first, second, and third bore having the claimed bore diameter relationship of Db1 > Db2 >Db3 and extending in the claimed position relative to the evacuation tube and the perimeter.
Regarding claims 42-43,
Depends from claim 40.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA B FIGG whose telephone number is (571)272-9882. The examiner can normally be reached M-Th 9a-6p Mountain.
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/LAURA B FIGG/Examiner, Art Unit 1781 1/10/26