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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on October 10, 2025 has been entered.
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were submitted on October 10, 2025. The submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
The claim set of August 26, 2025 is currently pending.
Claims 1-3, 5-10, 12 are pending. Claim(s) 4, 11 is/are cancelled.
The allowability of claims 1-3 is withdrawn in view of a new claim interpretation, which is discussed below.
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.
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.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Newman (USPN 3965638).
Regarding Claim(s) 1, the claim is considered to be a product-by-process claim. As set forth in MPEP 2113, the determination of patentability of such a claim is based on the product, not the method of production. The product of claim 1 requires “a first rigid sheet and a further rigid sheet in a parallel relationship wherein the edges of the first rigid sheet and the further rigid sheet are sealed to enclose a volume between the sheets”. The process of producing the product does not impart any unique structural characteristics to the product, as the process is directed to how the first rigid sheet is moved to the second location.
In light of the above, Newman (USPN 3965638) teaches a multiple-sheet product comprising a first rigid sheet (12) and a further rigid sheet (13) in a parallel relationship (as seen in Figure 3) wherein the edge of the first rigid sheet and the further rigid sheet are sealed to enclose a volume between the sheets (the edges are sealed by spacer 15 and beads 18, 19). Newman fails to teach the process in which the first rigid sheet is moved from a first location to a second location. However, the product disclosed by Newman appears to be the same as the product recited in the claim. Therefore, the claimed product is considered to be anticipated by Newman or rendered obvious by Newman in that it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to produce the claimed product by a different process to arrive at the product disclosed by Newman as the claimed process does not appear to impart any unique structural characteristics to the claim.
Regarding Claim(s) 2, Newman teaches the first rigid sheet is made of glass (“glass panels 12 and 13”).
Regarding Claim(s) 3, Newman teaches the first rigid sheet and the further rigid sheet are made of glass (“glass panels 12 and 13”).
Allowable Subject Matter
Claims 5-10, 12 are allowed.
Claim 5 is allowable for the same reasons indicated in the Office Action of September 30, 2025.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pub 20180355657 A1 discloses a robot that moves glass sheets during the assembly of insulating glass units. USPN 11078719 discloses a robot for moving glass lites during the assembly of insulating glass units. USPN 4240660 discloses first and second engagement means for engaging a glass sheet with relative movement between the first and second engagement means.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM RAY HARP whose telephone number is (571)270-5386. The examiner can normally be reached Monday-Friday, 8am-5pm.
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/WILLIAM R HARP/Primary Examiner, Art Unit 3653