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
1. Applicant's election with traverse of Group II- claims 21-25 in the reply filed on 04/27/2026 is acknowledged. The traversal is on the ground(s) that Lenhardt does not teach all the limitations of claim 21, and therefore there is unity of invention. This is not found persuasive because the special technical feature of this Application is claim 1, not claim 21, claim 21 having more limiting claim limitations beyond what is claimed in claim 1. Since Applicant did not argue against the Examiner’s rejection of claim 1, which is the special technical feature of this Application, this argument is found unpersuasive.
The requirement is still deemed proper and is therefore made FINAL.
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.
2. Claims 21-25 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.
Regarding claim 21, claim 21 lines 5-6 use the phrase “for glass sheets not yet coupled provided with a thermoplastic spacer and not provided with a thermoplastic spacer”. This is an indefinite term as a singular sheet cannot be both “provided… and not provided with a thermoplastic spacer”. The Examiner recommends amending claim 21 to have similar language as claim 22 with the phrase “glass sheets not yet coupled with or without a thermoplastic spacer”. This establishes that these properties are exclusive of each other. Alternatively, Applicant can amend claim 21 by substituting the word “and” with “or” to establish the phrase “provided with a thermoplastic spacer or not provided with a thermoplastic spacer”, which also establishes exclusivity. Claims 22-25 are rejected due to dependency on claim 21.
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.
3. Claim 21 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lenhardt (EP 0727556; previously presented).
Regarding claim 21, Lenhardt teaches an apparatus (fig. 1-2) for producing insulating glass wherein the apparatus is for insulating glass sheets that are provided with a thermoplastic spacer (pg. 8 lines 24-25) comprising a thermoplastic spacer distribution unit (nozzle- 13, piston cylinder unit-15, barrel pump- 17, and barrel- 18; pg. 6 line 35- pg. 7 line 6), and a sheet coupling unit (assembly and pressing station; pg. 7 line 32- pg. 8 line 2). Lenhardt teaches that the plastic spacer must be applied at an elevated temperature (pg. 2 lines 15-17), which means the apparatus of Lenhardt has thermal conditioning and the glass transient pathway can be interpreted as a thermal conditioning unit. The thermal conditioning unit comprises an inlet area for glass sheets not yet coupled (subsection 2; pg. 7 lines 32-34) and an outlet area for said glass sheets (entrance to assembly and pressing station; pg. 4 lines 31-33). The glass sheets move between these areas which defines a transit direction as seen in Figures 1 and 2. The thermal conditioning unit comprises a fixed frame (subsection 3) and a movable frame (subsections 4 and 25; noted as movable on a rail in pg. 7 lines 21-22) wherein said movable frame is adapted to be moved with respect to said fixed frame in a direction substantially perpendicular to said transit direction (the rails shown in Figure 1 show a movement perpendicular to transit direction shown in the arrows of element 1 and 21). Elements 4 and 25 are both compartments that are adapted to house said glass sheets being provided on said movable frame and as part of the movable frame are adapted to position each compartment of said plurality of compartments in line with said inlet area and said outlet area for said glass sheets (pg. 7 lines 36-39).
Regarding method steps, Lenhardt teaches the steps of positioning a compartment (specifically first subsection- 25) in alignment with the inlet area (pg. 4 lines 27-30; this would be aligned with subsection- 2 in Figure 1) housing at least one glass sheet (first glass sheet) provided with the spacer in said compartment, and unloading the at least one glass sheet provided with the spacer from said compartment to the outlet area. (pg. 4 lines 31-34). The spacer is a thermoplastic (pg. 8 lines 24-25). It is noted that when the thermoplastic is applied, it is at an elevated temperature (pg. 2 lines 15-17), and therefore between the steps of housing and unloading the glass sheet provided with the thermoplastic spacer, it would be cooling, which is a form of thermal conditioning.
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.
4. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
5. Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Lenhardt.
Regarding claim 23, Lenhardt teaches that the material of the thermoplastic spacer is applied in a range between 70-80°C (pg. 15-17). Therefore, while not taught, it would have been obvious to one of ordinary skill in the art before the effective filing date of the proposed invention to measure the temperature of the thermoplastic spacer to ensure compliance with the taught application range.
Allowable Subject Matter
6. Claims 22, and 24-25 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 22, the apparatus of Lenhardt has only 2 compartments (subsections 25 and 4), and since these are used in the process steps of b) and c); steps b) and c) cannot be repeated for further glass sheets. The subject matter of claim 22 is therefore not taught or rendered obvious by Lenhardt.
Regarding claim 24, Lenhardt teaches that the glass sheet with the thermoplastic spacer is to be moved “without delay” (pg. 4 lines 30-34). This constitutes a teaching away from calculating a residence time of a glass sheet in one of the said components, and therefore the subject matter of claim 24 is not taught or rendered obvious by Lenhardt.
7. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER S WRIGHT whose telephone number is (571) 272-8343. The examiner can normally be reached Monday- Friday 8:30am-5:00 pm EST.
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, Philip Tucker can be reached on 571-273-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER S WRIGHT/Examiner, Art Unit 1745
/ALEX B EFTA/Primary Examiner, Art Unit 1745
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