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 .
Election/Restrictions
Applicant’s election of the Species of Fig. 2, claims 1-31, and the sub-species of Fig. 20, claims 1-5 and 8-31, in the reply filed on 5/21/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-31 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 24 and 30 recite the limitation "a bottom surface of the getter is exposed to air and/or gas in the gap via the second recess" which is deemed indefinite. It is not clear if “the gap” is referring to the “gap between at least the first and second substrate” or a different gap formed by the second recess. Also, it is not clear what air and/or gas is being exposed. Appropriate correction is requested.
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 30 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones (US 9,695,628).
Jones discloses a vacuum insulating panel (Fig. 3 and Fig. 5) comprising a first substrate (3), a second substrate (2), a plurality of spacers (5) provided in a gap between at least the first and second substrates, wherein the gap is a pressure less than atmospheric pressure, a seal (4) at least partially located between at least the first and second substrates, a getter (12), a recess (13) positioned so that a bottom surface of the getter is exposed to air and/or gas in the gap via the recess, wherein the getter is positioned over part, but not all, of the recess (Fig. 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
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CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/Primary Examiner, Art Unit 1781
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