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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al. (USPGPub 2006/0260734) in view of Kniajer et al. (WO01/30714).
Regarding claims 1-5, Brown teaches forming an enamel paste [0027] comprising glass frit (see Table 3), pigment, an organic carrier medium (see Table 5), magnesium peroxide and zinc peroxide (claim 4). Brown fails to teach wherein the second oxidizer is barium peroxide. However, Kniajer teaches that barium peroxide is a known substitute for zinc peroxide in the production of glass enamel as an oxidizer component (claim 9). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the barium peroxide of Kniajer with the magnesium peroxide of Brown as a simple substitution of one known glass enamel oxidizer for another wherein the results of the substitution would be predictable based upon the teachings of Kniajer.
Regarding claims 6-8, the teachings of Brown in view of Kniajer are as shown above. Brown in view of Kniajer fails to teach wherein the total amount of oxidizer is in the claimed range, although the range of Brown overlaps that of the current claims. However, Brown clearly indicates that the level of oxidizer present in the composition controls the level of oxygen present in the composition which thereby controls the firing of the organic component (abstract). Therefore, in the absence of criticality of the specific oxidizer content range of the current claims, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to optimize the amount of oxidizer present in Brown in order to control the firing of the organic component of Brown as described by Brown. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
Regarding claims 9-11, 13 and 17-18, Brown teaches the use of amounts of oxidizer (claim 5), glass frit (claim 5), pigment (claim 5), organic vehicle (claim 15) and seed material [0026] reading upon the currently claimed ranges.
Regarding claim 12, Brown teaches wherein the seed material is crystalline (claim 15) bismuth silicate [0026].
Regarding claims 14-16, Brown teaches the use of a vitreous glass frit composition comprising bismuth borosilicate and zinc borosilicate (i.e., a bismuth-boron-zinc system) (claim 9) and a crystallizing bismuth silicate (seed material) in the percentages claimed as shown above.
Regarding claims 19-21, Brown teaches forming an enamel paste [0027] comprising glass frit (see Table 3), pigment, an organic carrier medium (see Table 5), magnesium peroxide and strontium peroxide (claim 4) wherein the paste is deposited, dried at a temperature in the claimed range and successively fired at a temperature in the claimed range wherein a substrate is disposed over the dried enamel prior to firing [0042].
Response to Arguments
The applicant argues that Brown fails to teaches the use of a combination of magnesium peroxide and barium peroxide as claimed. However, these arguments are moot in view of newly provided art showing the use of barium peroxide as claimed.
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 ANDREW J BOWMAN whose telephone number is (571)270-5342. The examiner can normally be reached Mon-Sat 5:00AM-11:00AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah-Wei Yuan can be reached at 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J BOWMAN/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717