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 .
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.
Claim(s) 1-2, 4, 6, 9, 11, 13, 15-17, 24-27, 29 is/are rejected under 35 U.S.C. 102(a1 and a2) as being anticipated by USPN 4,665,039.
Regarding claims 1-2, 4, 6, 9, 11, 13, 15-17: ‘039 teaches glass compositions in wt% such as that below, converted to mol% (see Examples in Table 1).
F
SiO2
54.24
Al2O3
5.11
B2O3
16.8
Li2O
1.09
Na2O
6.30
K2O
0.69
Cs2O
0
CaO
6.97
MgO
3.26
BaO
0.43
SrO
1.26
ZrO2
1.59
TiO2
1.63
F
0
SO3
0.24
Cl
0.37
As2O3
0
Sb2O3
0
R2O
8.08
Claim 24: Given that ‘039’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). However, it is additionally noted for the record that ‘039 teaches throughout their glass compositions being phase separable.
Claims 25-27 and 29: Given that 039’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) 7-8, 22 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPN 4,665,039 as applied to claim 1 above.
Regarding claims 7-8, 22-23: While ‘039 may not provide an explicit Example meeting the compositions claimed, ‘039’s glass can be of a composition in wt% (see Col. 1-4 and ‘039’s claims 1-3) that allows for compositions, converted to mol%, overlapping that claimed (MPEP 2144.05).
2. Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPN 4,665,039 as applied to claim 1 above, in view of USPub 20140242375.
Regarding claims 18 and 19: While ‘039 may not discuss adding SnO2 in the amounts claimed, initially note that ‘039’s glass is a borosilicate phase-separable glass for the production of porous glass and does teach that 0.05-0.7wt% As2O3, Sb2O3, etc. can be added as clarifying (fining) agents (see Col. 3, lines 56-64).
As ‘375 who similarly teaches borosilicate phase-separable glass for the production of porous glass not only suggests that As2O3, Sb2O3 and SnO2 are functionally equivalent as fining agents in such glasses (see 0036) but additionally discloses that it is desirable to add greater than 0 to less than or equal to 0.2mol% of SnO2 specifically to such glasses for fining (0036), it would have been obvious to one having ordinary skill at the time of invention to either replace the As2O3 or Sb2O3 in ‘039 with that of SnO2 to act as a fining agent or alternatively, to add greater than 0 to less than or equal to 0.2mol% of SnO2 to such glasses for fining.
Response to Arguments
Applicant’s arguments filed July 9, 2026 have been considered but are moot in view of new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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
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