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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomoe et al. (JP2012224496A with reference to machine translation and original Japanese publication as noted, hereinafter referred to as Tomoe).
Regarding claim 1, Tomoe discloses glass (see Tomoe at the Abstract from the machine translation, disclosing a glass) comprising, in weight percentage on an oxide basis: Bi2O3: 5.0% to 80.0% (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising 71.507 wt.% Bi2O3); B2O3: 1.0% to 15.0% (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising 11.855 wt.% B2O3); TiO2: 0% to 7.0% (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising 0% TiO2); Nb2O5: 0% to 17.0% (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising 3.423 wt.% Nb2O5); and TeO2: 0% to 30.0% (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising 0.685 wt.% TeO2), wherein a content of (Li2O + Na2O + K2O) is 0% to 5.0% (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising 0% Li2O, 0.798 wt.% Na2O, and 0% K2O).
Regarding claim 2, Tomoe discloses a content of (ZrO2 + Nb2O5 + Ta2O5 + WO3) is 3.5% or more in mole percentage on an oxide basis (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising 1.315 wt.% ZrO2, 3.423 wt.% Nb2O5, 0% Ta2O5, and 0% WO3, for a sum total of 4.738 wt.%).
Regarding claim 3, Tomoe discloses a content of (SiO2 + B2O3 + P2O5) is less than 15% in weight percentage on an oxide basis (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising 0.516 wt.% SiO2, 11.855 wt.% B2O3, and 0% P2O5, for a sum total of 12.317 wt.%).
Regarding claim 4, Tomoe discloses a content of (SiO2 + B2O3 + P2O5) is larger than a content of TeO2 in molar ratio on an oxide basis (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising 0.516 wt.% SiO2, 11.855 wt.% B2O3, and 0% P2O5, for a sum total of 12.317 wt.%, which is greater than 0.685 wt.% TeO2).
Regarding claim 5, Tomoe discloses a total content of Fe, Cr, and Ni is smaller than 4 ppm by mass (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising no Fe, Cr, and Ni).
Regarding claim 6, Tomoe discloses a refractive index is 1.95 or more (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising a refractive index nd of 2.04180), a wavelength X70 indicating an internal transmittance of 70% with a plate thickness of 10 mm is less than 450 nm (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising an internal transmittance of 70% with a plate thickness of 10 mm is 446.5), and a glass transition temperature Tg is 500°C or lower (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising a glass transition temperature Tg of 442 °C).
Regarding claim 7, while Tomoe does not explicitly disclose an internal transmittance of light at a wavelength of 450 nm with a plate thickness of 10 mm is 85% or more, this is a property which depends upon the composition of the glass as evidenced by the instant PGPub at [0025], which states TiO2 ... when ... contained in a large amount, the internal transmittance of the glass is lowered. Because Tomoe has a composition which is substantially identical to the instant composition, then the glass of Tomoe would inherently possess the claimed internal transmittance. 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 8, Tomoe discloses an Abbe number is 17 or more and less than 25 (see Tomoe at Table 4, example 19 from the original Japanese publication, disclosing an example of a glass comprising an Abbe number vd of 19.6).
Regarding claim 9, while Tomoe does not explicitly disclose the glass is used as a light guide plate, this limitation is not given patentable weight. The intended use of the claimed composition does not patentably distinguish the composition, per se, since such undisclosed use is inherent in the reference composition. In order to be limiting, the intended use must create a structural difference between the claimed composition and the prior art composition. In the instant case, the intended use does not create a structural difference, thus the intended use is not limiting. Please note that where applicant claims a composition in terms of a function, property or characteristic and the composition of the prior art is the same as that of the claim but the function is not explicitly disclosed by the reference, the examiner may make a rejection under both 35 U.S.C. 102 and 103 (See MPEP 2112(III)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMERON K MILLER whose telephone number is (571)272-4616. The examiner can normally be reached M-F 8:00am - 5:00pm EST.
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CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731
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