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 .
DETAILED ACTION
Information Disclosure Statement
1. The references disclosed within the information disclosure statement (IDS) submitted on September 5, 2024, has been considered and initialed by the Examiner.
Claim Rejections – 35 USC 112
2. 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.
3. Claim 13 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
In claim 13, the phrase, “glass is substantially free from coloring components” is indefinite. It is unclear if the glass is free from coloring components or not.
Claim Rejections – 35 USC § 102(a)(1)
4. 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.
5. Claims 1-14, 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murata (CN 102985382).
Murata discloses a glass plate of the invention and it is, as a glass composition, in terms of mass%, SiO2 40 to 80%, Al2O3, 0~30%, B2O3, 0~15%, alkali metal oxide (Li2O, Na2O, K2O the one kind of or more than two) 0~25% (abstract).
Because Murata discloses a glass with the same materials as claimed and preferentially disclosed, the article of Murata will inherently possess the constituent relationship of:
0.8 < Li₂O / (Li₂O + K2O + Na₂O) ≤ 1 and 0.1 < B₂O₃ ≤ 8.5, as in claims 1-2. In claim 1, the phrase, “chemically temperable” constitutes a “capable of” limitation and that such a recitation that an element is ‘capable of’ performing a function is not a positive limitation but only requires the ability to so perform.
Concerning claim 3, Murata discloses a glass plate of the invention and it is, as a glass composition, in terms of mass%, SiO2 40 to 80%, Al2O3, 0~30%, B2O3, 0~15%, alkali metal oxide (Li2O, Na2O, K2O the one kind of or more than two) 0~25% (abstract). Because Murata discloses a glass with the same materials as claimed and preferentially disclosed, the article of Murata will inherently possess an upper devitrification temperature, viscosity and coefficient of thermal expansion claimed.
Products of identical chemical composition can not have mutually exclusive properties. Therefore, because Murata has the same chemical structure, the properties, including
upper devitrification temperature, viscosity and coefficient of thermal expansion
are necessarily present. MPEP 2112.01 II.
Concerning claim 4, Murata discloses a glass plate of the invention and it is, as a glass composition, in terms of mass%, SiO2 40 to 80%, Al2O3, 0~30%, B2O3, 0~15%, alkali metal oxide (Li2O, Na2O, K2O the one kind of or more than two) 0~25% (abstract).
Concerning claim 5, Murata discloses a glass plate of the invention and it is, as a glass composition, in terms of mass%, SiO2 40 to 80%, Al2O3, 0~30%, B2O3, 0~15%, alkali metal oxide (Li2O, Na2O, K2O the one kind of or more than two) 0~25% (abstract).
Concerning claims 6-7, 10, Murata discloses the glass further comprises MgO, CaO, SrO and BaO (paragraph 40) and ZnO, P2O5 and ZrO2 in the mol% as claimed (paragraphs 41-51).
Concerning claim 8, Murata discloses a glass plate of the invention and it is, as a glass composition, in terms of mass%, SiO2 40 to 80%, Al2O3, 0~30%, B2O3, 0~15%, alkali metal oxide (Li2O, Na2O, K2O the one kind of or more than two) 0~25% (abstract). Murata discloses the glass further comprises MgO, CaO, SrO and BaO (paragraph 40) and ZnO, P2O5 and ZrO2 in the mol% as claimed (paragraphs 41-51).
Because Murata discloses a glass with the same materials as claimed and preferentially disclosed, the article of Murata will inherently possess the constituent relationship of:
0.9 < (Al₂O₃ + B₂O₃ + ZrO₂) / (R₂O + RO) < 1.7; and/or 0.5 < A1₂O₃/ (R₂O + RO) < 1.1; wherein R₂O = Li₂O + K₂O + Na₂O and RO = MgO + CaO + SrO + BaO + ZnO.
Concerning claim 9, Murata discloses a glass plate of the invention and it is, as a glass composition, in terms of mass%, SiO2 40 to 80%, Al2O3, 0~30%, B2O3, 0~15%, alkali metal oxide (Li2O, Na2O, K2O the one kind of or more than two) 0~25% (abstract). Murata discloses the glass further comprises MgO, CaO, SrO and BaO (paragraph 40) and ZnO, P2O5 and ZrO2 in the mol% as claimed (paragraphs 41-51).
Because Murata discloses a glass with the same materials as claimed and preferentially disclosed, the article of Murata will inherently possess the constituent relationship of:
1 < (Al₂O₃ + B₂O₃ + ZrO₂) / (R₂O + RO) < 1.6 and/or 0.6 < Al2O₃ / (R₂O + RO) < 0.9.
Concerning claim 11, Murata discloses the content of SnO2 is preferably 0 to 3% (paragraph 52).
Concerning claim 12, Murata discloses CeO2 is preferably less than 0. I %,
the content of SnO2 is preferably 0 to 3%, the content of Cl is preferably 0 to 0.5%, which has a cumulative mol% of less than 2.
Concerning claim 13, Murata does not appear to disclose the glass has coloring components.
Concerning claim 14, Murata discloses a glass plate of the invention and it is, as a glass composition, in terms of mass%, SiO2 40 to 80%, Al2O3, 0~30%, B2O3, 0~15%, alkali metal oxide (Li2O, Na2O, K2O the one kind of or more than two) 0~25% (abstract) where K2O is known to have a pale yellow or white color.
Concerning claim 17, Murata discloses a glass plate of the invention and it is, as a glass composition, in terms of mass%, SiO2 40 to 80%, Al2O3, 0~30%, B2O3, 0~15%, alkali metal oxide (Li2O, Na2O, K2O the one kind of or more than two) 0~25% (abstract). Murata discloses the thickness of the glass plate is 1 mm (paragraph 21).
Because Murata discloses a glass with the same materials as claimed and preferentially disclosed, the article of Murata will inherently possess the constituent relationship of:
0.8 < Li₂O / (Li₂O + K2O + Na₂O) ≤ 1 and 0.1 < B₂O₃ ≤ 8.5.
Concerning claim 18, Murata discloses a glass plate of the invention and it is, as a glass composition, in terms of mass%, SiO2 40 to 80%, Al2O3, 0~30%, B2O3, 0~15%, alkali metal oxide (Li2O, Na2O, K2O the one kind of or more than two) 0~25% (abstract).
Concerning claim 19, Murata discloses a glass plate of the invention and it is, as a glass composition, in terms of mass%, SiO2 40 to 80%, Al2O3, 0~30%, B2O3, 0~15%, alkali metal oxide (Li2O, Na2O, K2O the one kind of or more than two) 0~25% (abstract). Because Murata discloses a glass with the same materials as claimed and preferentially disclosed, the article of Murata will inherently possess an upper devitrification temperature, viscosity and coefficient of thermal expansion claimed.
Products of identical chemical composition can not have mutually exclusive properties. Therefore, because Murata has the same chemical structure, the properties, including
upper devitrification temperature, viscosity and coefficient of thermal expansion
are necessarily present. MPEP 2112.01 II.
Concerning claim 20, Murata discloses a glass plate of the invention and it is, as a glass composition, in terms of mass%, SiO2 40 to 80%, Al2O3, 0~30%, B2O3, 0~15%, alkali metal oxide (Li2O, Na2O, K2O the one kind of or more than two) 0~25% (abstract).
Claim Objection
6. Claims 15-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The closest prior art does not teach or suggest the recited process for producing a tempered glass further including producing the glass by a melting process, a refining of a glass melt produced during the melting process, and a subsequent hot forming; and performing at least one ion exchange in an exchange bath having a composition of 100% by weight to 0% by weight of KNO₃ and 0% by weight to 100% by weight of NaNO₃ and 0% by weight to 5% by weight of LiNO₃ at a temperature of the exchange bath between 370°C and 500°C and a duration between 1 hour and 50 hours.
The prior art does not teach motivation or suggestion for modification to make the invention as instantly claimed.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lawrence Ferguson whose telephone number is 571-272-1522. The examiner can normally be reached on Monday through Friday 9:00 AM – 5:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Frank Vineis, can be reached on 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAWRENCE D FERGUSON/Examiner, Art Unit 1781
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