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.
Claim(s) 1 and 3-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al. (JP2017137204A with reference to the machine translation, hereinafter referred to as Sato).
Regarding claim 1, Sato discloses an infrared transmitting glass (see Sato at the Abstract from the machine translation, disclosing an infrared-transmitting glass) comprising: in mol%, from 25% to 90% of S+Se+Te (see Sato at Table 2, Example 10 from the original Japanese publication, disclosing an example of a glass comprising 10 mol% S, 0% Se, and 45 mol% Te for a sum total of 55 mol%), from 0.1% to 30% of Sn (see Sato at Table 2, Example 10 from the original Japanese publication, disclosing an example of a glass comprising 5 mol% Sn), from 0.1% to 15% of Ag (see Sato at Table 2, Example 10 from the original Japanese publication, disclosing an example of a glass comprising 12 mol% Ag), and from 1% to 30% of Ge+Sn (see Sato at Table 2, Example 10 from the original Japanese publication, disclosing an example of a glass comprising 0 mol% Ge and 5 mol% Sn for a sum total of 5 mol%), wherein (Ge+Sn)/(S+Se+Te) is 0.3 or less (see Sato at Table 2, Example 10 from the original Japanese publication, disclosing an example of a glass comprising 0 mol% Ge, 5 mol% Sn, 10 mol% S, 0% Se, and 45 mol% Te for a ratio of (0+5)/(10+0+45)= 0.09).
Regarding claim 3, Sato discloses further comprising: in mol%, from 0.1% to 50% of Ga+Sb+Bi (see Sato at Table 2, Example 10 from the original Japanese publication, disclosing an example of a glass comprising 20 mol% Ga, 0% Sb, and 0% Bi, for a sum total of 20 mol%).
Regarding claim 4, Sato discloses further comprising: in mol%, from 0.1% to 25% of Ga (see Sato at Table 2, Example 10 from the original Japanese publication, disclosing an example of a glass comprising 20 mol% Ga).
Regarding claim 5, Sato discloses wherein Ga/(S+Se+Te) is 2 or less (see Sato at Table 2, Example 10 from the original Japanese publication, disclosing an example of a glass comprising 20 mol% Ga, 10 mol% S, 0% Se, and 45 mol% Te for a ratio of (20)/(10+0+45)= 0.36).
Regarding claim 6, Sato discloses further comprising: in mol%, from 0% to 20% of F+Cl+Br+I (see Sato at Table 2, Example 10 from the original Japanese publication, disclosing an example of a glass comprising 0% F, 0% Cl, 0% Br, and 8 mol% I, for a sum total of 8 mol%).
Regarding claim 7, Sato discloses the infrared transmitting glass which is substantially free of Se and As (see Sato at Table 2, Example 10 from the original Japanese publication, disclosing an example of a glass comprising no Se and no As).
Regarding claim 8, while Sato does not explicitly disclose an Abbe number is 250 or less, the Abbe number of a glass is a function of the composition of the glass as evidenced by the instant specification at [0029] of the PGPub which discloses Sn is a component that tends to decrease the Abbe number. At [0032] the instant specification states when the content of Sn+Ag is too small ... the Abbe number tends to increase. Because the composition of Sato is substantially identical to the instantly claimed glass, the glass of Sato would inherently possess the claimed property. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established (see MPEP 2112.01(I) first paragraph).
Regarding claim 9, while Sato does not explicitly disclose a refractive index at a wavelength of 10 µm is 2.5 or more, the refractive index of a glass is a function of the composition of the glass as evidenced by the instant specification at [0029] of the PGPub, which discloses Sn is a component that tends to increase the refractive index of the glass. Because the composition of the glass of Sato is substantially identical to the instantly claimed glass, the glass of Sato would inherently possess the claimed property.
Regarding claim 10, while Sato does not explicitly disclose an internal transmittance at a wavelength of 10 µm is 70% or more, the internal transmittance of a glass is a function of the composition of the glass as evidenced by the instant specification at [0029] of the PGPub, which discloses the viewpoint of particularly enhancing the internal transmittance, the content of Sn is preferably 20% or less. Because the composition of the glass of Sato is substantially identical to the instantly claimed glass, the glass of Sato would inherently possess the claimed property.
Regarding claim 11, while Sato does not explicitly disclose a volume resistivity at room temperature is 1020 (A2cm) or more, the volume resistivity of a glass is a function of the composition of the glass as evidenced by the instant specification at [0034] of the PGPub, which discloses that increasing the volume resistivity and enhancing the internal transmittance of the glass material, Ag/(Sn+Ag) is preferably 0.01 or more. Because the composition of the glass of Sato is substantially identical to the instantly claimed glass, the glass of Sato would inherently possess the claimed property.
Regarding claim 12, Sato discloses an optical element comprising: the infrared transmitting glass (see Sato at [0002] of the machine translation, disclosing an optical element).
Regarding claim 13, Sato discloses an infrared camera comprising: the optical element (see Sato at [0002], disclosing vehicle-mounted night vision and security systems ... used for detecting living beings at night. Examiner notes this corresponds to an infrared camera).
Claim(s) 1-2 and 5-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsushita et al. (JP2017057110A with reference to the machine translation, hereinafter referred to as Matsushita).
Regarding claim 1, Matsushita discloses an infrared transmitting glass (see Matsushita at the Abstract from the machine translation, disclosing an infrared-transmitting glass) comprising: in mol%, from 25% to 90% of S+Se+Te (see Matsushita at Table 1, Example 1, from the original Japanese publication, disclosing an example of a glass comprising 61.8 mol% Te, 0% S, and 0% Se, for a sum total of 61.8 mol%), from 0.1% to 30% of Sn (see Matsushita at Table 1, Example 1, from the original Japanese publication, disclosing an example of a glass comprising 4.5 mol% Sn), from 0.1% to 15% of Ag (see Matsushita at Table 1, Example 1, from the original Japanese publication, disclosing an example of a glass comprising 9.1 mol% Ag), and from 1% to 30% of Ge+Sn (see Matsushita at Table 1, Example 1, from the original Japanese publication, disclosing an example of a glass comprising 15.5 mol% Ge and 4.5 mol% Sn, for a sum total of 20 mol%), wherein (Ge+Sn)/(S+Se+Te) is 0.3 or less (see Matsushita at Table 1, Example 1, from the original Japanese publication, disclosing an example of a glass comprising 15.5 mol% Ge, 4.5 mol% Sn 61.8 mol% Te, 0% S, and 0% Se, for a ratio of (15.5+4.5)/(0+0+61.8)= 0.3 when accounting for the claimed significant figures.).
Regarding claim 2, Matsushita discloses further comprising: in mol%, from 0.1% to 30% of Ge (see Matsushita at Table 1, Example 1, from the original Japanese publication, disclosing an example of a glass comprising 15.5 mol% Ge).
Regarding claim 5, Matsushita discloses wherein Ga/(S+Se+Te) is 2 or less (see Matsushita at Table 1, Example 1, from the original Japanese publication, disclosing an example of a glass comprising 0% Ga for a ratio of 0).
Regarding claim 6, Matsushita discloses further comprising: in mol%, from 0% to 20% of F+Cl+Br+I (see Matsushita at Table 1, Example 1, from the original Japanese publication, disclosing an example of a glass comprising 0% F, 0% Cl, 0% Br, and 9.1 mol% I, for a sum total of 9.1 mol%).
Regarding claim 7, Matsushita discloses which is substantially free of Se and As (see Matsushita at Table 1, Example 1, from the original Japanese publication, disclosing an example of a glass comprising no Se and no As).
Regarding claim 8, while Matsushita does not explicitly disclose an Abbe number is 250 or less, the Abbe number of a glass is a function of the composition of the glass as evidenced by the instant specification at [0029] of the PGPub which discloses Sn is a component that tends to decrease the Abbe number. At [0032] the instant specification states when the content of Sn+Ag is too small ... the Abbe number tends to increase. Because the composition of Matsushita is substantially identical to the instantly claimed glass, the glass of Sato would inherently possess the claimed property. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established (see MPEP 2112.01(I) first paragraph).
Regarding claim 9, while Matsushita does not explicitly disclose a refractive index at a wavelength of 10 µm is 2.5 or more, the refractive index of a glass is a function of the composition of the glass as evidenced by the instant specification at [0029] of the PGPub, which discloses Sn is a component that tends to increase the refractive index of the glass. Because the composition of the glass of Matsushita is substantially identical to the instantly claimed glass, the glass of Sato would inherently possess the claimed property.
Regarding claim 10, while Matsushita does not explicitly disclose an internal transmittance at a wavelength of 10 µm is 70% or more, the internal transmittance of a glass is a function of the composition of the glass as evidenced by the instant specification at [0029] of the PGPub, which discloses the viewpoint of particularly enhancing the internal transmittance, the content of Sn is preferably 20% or less. Because the composition of the glass of Matsushita is substantially identical to the instantly claimed glass, the glass of Sato would inherently possess the claimed property.
Regarding claim 11, while Matsushita does not explicitly disclose a volume resistivity at room temperature is 1020 (A2cm) or more, the volume resistivity of a glass is a function of the composition of the glass as evidenced by the instant specification at [0034] of the PGPub, which discloses that increasing the volume resistivity and enhancing the internal transmittance of the glass material, Ag/(Sn+Ag) is preferably 0.01 or more. Because the composition of the glass of Matsushita is substantially identical to the instantly claimed glass, the glass of Sato would inherently possess the claimed property.
Regarding claim 12, Matsushita discloses an optical element comprising: the infrared transmitting glass (see Matsushita at [0002] of the machine translation, disclosing an optical element).
Regarding claim 13, Matsushita discloses an infrared camera comprising: the optical element (see Matsushita at [0002], disclosing vehicle-mounted night vision and security systems ... used for detecting living beings at night. Examiner notes this corresponds to an infrared camera).
Conclusion
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CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731
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