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) 1-2, 4, and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ritter et al. (US20100210753, hereinafter referred to as Ritter).
Regarding claim 1, Ritter discloses a glass composition (see Ritter at the Abstract, disclosing a glass), comprising: gadolinium (Gd), cesium (Cs), or both (see Ritter at Table 1, Example 11, disclosing a glass comprising 8.41 wt.% Cs2O and 0% Gd2O3); and silicon (Si) (see Ritter at Table 1, Example 11, disclosing a glass comprising 52.09 wt.% SiO2), wherein in terms of respective oxides thereof, a total content of a gadolinium oxide and a cesium oxide is 1% by mass or more of a total mass of the glass composition (see Ritter at Table 1, Example 11, disclosing a glass comprising 8.41 wt.% Cs2O and 0% Gd2O3), and a content of a silicon oxide is 30% by mass or more of the total mass of the glass composition (see Ritter at Table 1, Example 11, disclosing a glass comprising 52.09 wt.% SiO2).
Regarding claim 2, Ritter discloses the glass composition is in a powder form or in a plate form (See Ritter at [0035], disclosing a glass plate).
Regarding claim 4, Ritter discloses the glass composition includes cesium (Cs), and a content of the cesium oxide is 1% by mass or more of the total mass of the glass composition (see Ritter at Table 1, Example 11, disclosing a glass comprising 8.41 wt.% Cs2O).
Regarding claim 6, Ritter discloses the glass composition includes cesium (Cs), and a content of the cesium oxide is 1% by mass or more of the total mass of the glass composition (see Ritter at Table 1, Example 11, disclosing a glass comprising 8.41 wt.% Cs2O).
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.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ritter.
Regarding claim 1, Ritter discloses a glass composition (see Ritter at the Abstract, disclosing a glass), comprising: gadolinium (Gd), cesium (Cs), or both (See Ritter at claim 6, claiming 0-3 wt.% Gd2O3. See also Ritter at claim 3, claiming 0-6 wt.% Cs2O. Examiner notes this provides a range of Gd2O3+Cs2O from 0-9 wt.%, which overlaps with the claimed range.) In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05); and silicon (Si) (See Ritter at claim 1, claiming 51-<58 wt.% SiO2), wherein in terms of respective oxides thereof, a total content of a gadolinium oxide and a cesium oxide is 1% by mass or more of a total mass of the glass composition (See Ritter at claim 6, claiming 0-3 wt.% Gd2O3. See also Ritter at claim 3, claiming 0-6 wt.% Cs2O. Examiner notes this provides a range of Gd2O3+Cs2O from 0-9 wt.%, which overlaps with the claimed range.), and a content of a silicon oxide is 30% by mass or more of the total mass of the glass composition (See Ritter at claim 1, claiming 51-<58 wt.% SiO2).
Regarding claim 2, Ritter discloses the glass composition is in a powder form or in a plate form (See Ritter at [0035], disclosing a glass plate).
Regarding claim 3, Ritter discloses the glass composition includes gadolinium (Gd), and a content of the gadolinium oxide is 1% by mass or more of the total mass of the glass composition (See Ritter at claim 6, claiming 0-3 wt.% Gd2O3, which overlaps with the claimed range.).
Regarding claim 4, Ritter discloses the glass composition includes cesium (Cs), and a content of the cesium oxide is 1% by mass or more of the total mass of the glass composition (See Ritter at claim 6, claiming 0-6 wt.% Cs2O, which overlaps with the claimed range.).
Regarding claim 5, Ritter discloses the glass composition includes gadolinium (Gd), and a content of the gadolinium oxide is 1% by mass or more of the total mass of the glass composition (See Ritter at claim 6, claiming 0-3 wt.% Gd2O3, which overlaps with the claimed range.).
Regarding claim 6, Ritter discloses the glass composition includes cesium (Cs), and a content of the cesium oxide is 1% by mass or more of the total mass of the glass composition (See Ritter at claim 6, claiming 0-6 wt.% Cs2O, which overlaps with the claimed range.).
Regarding claim 7, Ritter discloses the glass composition includes cesium (Cs), and a content of the cesium oxide is 1% by mass or more of the total mass of the glass composition (See Ritter at claim 6, claiming 0-3 wt.% Gd2O3. See also Ritter at claim 3, claiming 0-6 wt.% Cs2O. Examiner notes this provides a range of Gd2O3+Cs2O from 0-9 wt.%, which overlaps with the claimed range.).
Regarding claim 8, Ritter discloses a content of the cesium oxide is 1% by mass or more of the total mass of the glass composition (See Ritter at claim 6, claiming 0-3 wt.% Gd2O3. See also Ritter at claim 3, claiming 0-6 wt.% Cs2O. Examiner notes this provides a range of Gd2O3+Cs2O from 0-9 wt.%, which overlaps with the claimed range.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP2019131457A.
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.
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, Amber Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731
Prosecution Insights