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 without traverse of Group I, claims 1-2, 4, 6-9, 11, 13, 15-19, 22-27 and 29 in the reply filed on February 26, 2026 is acknowledged. Claims 30-39 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected article and method, there being no allowable generic or linking claim.
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.
1. Claim(s) 1-2, 7-8, 11, 13, 15-16, 18-19, 22-27 and 29 is/are rejected under 35 U.S.C. 102(a1 and a2) as being anticipated by Aitken (USPub20180084016).
Claim 1:
Claim 1
Ex 29
Ex 46
Ex 48
Ex 49
SiO2
50-80
62.18
63.5
63
62.95
Al2O3
5-15
11.38
10.7
11
10.3
B2O3
10-25
10.76
10.3
10.2
11.6
Li2O
≥0
0
0
0
0
Na2O
≥0
1.8
0
0
0
K2O
≥0
0
2.3
2.4
1.8
Rb2O
≥0
0
0
0
0
Cs2O
≥0
0
0
0
0
MgO
1.5-5
4.58
4.4
5.5
4.13
CaO
4-12
5.48
5.2
6.1
4.6
SrO
0.5-5
3.74
3.5
1.8
0.1
R2O (ΣLi2O, Na2O, K2O, Rb2O, Cs2O)
0.1-15
1.8
2.3
2.4
1.8
Claim 2:
Claim 2
Ex 29
Ex 46
Ex 48
Ex 49
R2O
0.25-12
1.8
2.3
2.4
1.8
Claim 7:
Claim 7
Ex 29
Ex 46
Ex 48
Ex 49
Al2O3
6-13
11.38
10.7
11
10.3
Claim 8:
Claim 8
Ex 46
Ex 48
Ex 49
Al2O3
7-11
10.7
11
10.3
Claim 11:
Claim 11
Ex 29
Ex 46
Ex 48
Ex 49
CaO
4.5-10
5.48
5.2
6.1
4.6
Claim 13:
Claim 13
Ex 29
Ex 46
Ex 48
Ex 49
SrO
0.75-4
3.74
3.5
1.8
1.43
Claim 15:
Claim 15
Ex 49
BaO
>0-5
3.1
Claim 16:
Claim 16
Ex 49
BaO
>0-4
3.1
Claim 18:
Claim 18
Ex 29
Ex 46
Ex 48
Ex 49
SnO2
>0-0.5
0.08
0.1
0.1
0.1
Claim 19:
Claim 19
Ex 29
Ex 46
Ex 48
Ex 49
SnO2
>0-0.25
0.08
0.1
0.1
0.1
Claim 22:
Claim 22
Ex 29
Ex 46
Ex 48
Ex 49
SiO2
55-75
62.18
63.5
63
62.95
Claim 23:
Claim 23
Ex 29
Ex 46
Ex 48
Ex 49
SiO2
60-70
62.18
63.5
63
62.95
Claim 24: Given that Aitken’s glass composition meets that claimed, one skilled in the art would reasonably conclude the same functionalities/capabilities (i.e. being phase separable as claimed) (MPEP 2112).
Claim 25:
Claim 25
Ex 29
Ex 46
Ex 48
Ex 49
Liq. Visc
10-15000kP
516,159.7P
(i.e. 516.1597kP)
396, 638.1P
(396.6381kP)
822,000P
(822kP)
5,233,000P
(5,233 kP)
Claim 26: Given that Aitken’s glass composition meets that claimed, one skilled in the art would reasonably conclude the same properties (MPEP 2112).
Claim 27: Given that Aitken’s glass composition meets that claimed, one skilled in the art would reasonably conclude the same properties (MPEP 2112).
Claim 29: Given that Aitken’s glass composition meets that claimed, one skilled in the art would reasonably conclude the same properties (MPEP 2112).
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.
2. Claim(s) 4, 6, 9, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aitken (USPub20100084016).
Claim 4 and 6: While Aitken’s Examples may not provide for a B2O3 amount as required by claims 4 and 6, Aitken does allow for B2O3 content to be 7-15, 9-15 and even greater than 11-15mol% (0035, 0042, 0049) which overlaps the contents claimed (MPEP 2144.05).
Claim 9: While Aitken’s Examples may not provide for a MgO amount as required by claim 9, Aitken does allow for their MgO content to be 1-8mol% (0078) which overlaps the contents claimed (MPEP 2144.05).
Claim 17: While Aitken’s Examples may not provide for a BaO amount as required by claim 17, Aitken does teach that BaO content can be in amounts of <0.1mol% (0087) or ≤0.5mol% (0062) which overlaps the contents claimed (MPEP 2144.05).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ROBINSON COLGAN whose telephone number is (571)270-3474. The examiner can normally be reached Monday thru Friday 9AM to 5PM.
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, Humera Sheikh can be reached at 571-272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LAUREN ROBINSON COLGAN
Primary Examiner
Art Unit 1784
/LAUREN R COLGAN/Primary Examiner, Art Unit 1784