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 .
Election/Restrictions
Applicant’s election without traverse of claims 1, 2, 4, 6, 8, 10, 14, 19, 20, 25, 27 and 33 in the reply filed on 28 April 2026 is acknowledged.
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.
Claim 27 is 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.
The term “ultrafine” in claim 27 is a relative term which renders the claim indefinite. The term “ultrafine” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In other words, there is no guidance with regards to how fine a fiber must be in order for such a fiber to be classified as being ultrafine.
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.
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, 2, 6, 8, 10, 14, 19, 20, 25 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/120440 A with United States Patent Application Publication No. US 2022/0333433 (hereinafter “Jeanfils”) being used for claim mapping, in view of United States Patent Application Publication No. US 2019/0177219 (hereinafter “Karam-219”), in view of United States Patent Number 9,492,990 (hereinafter “Karam-990”), and further in view of United States Patent Application Publication No. US 2017/0328122 (hereinafter “Abe”).Regarding claims 1 and 2 Jeanfils teaches a laminated vacuum insulating assembly (laminated vacuum glass) 10 comprising: a first glass pane (first glass pane) 1 with a thickness Z1; a second glass pane (second glass pane) 2 with a thickness Z2; a set of discrete spacers (pillars) 3 positioned therebetween; a hermetically bonding seal 4 sealing the distance between the first glass pane 1 and the second glass pane 2 along a perimeter thereof; and an internal volume V (vacuum layer) having an absolute pressure of less than 0.1 mbar, being formed between the first glass pane (first glass pane) 1 and the second glass pane (second glass pane) 2, and closed by the hermetically bonding seal 4 (edge of vacuum layer being sealed) (abstract; paragraphs [0029] – [0034], [0093] and [0094]; and Figures 1-2). Jeanfils teaches the internal volume V (vacuum layer) is provided with the set of discrete spacers (pillars) 3 (Figures 1-2 and paragraph [0011]). Jeanfils teaches an outer pane face 12 of the first glass pane (first glass pane) 1 is laminated to at least one glass sheet 5 (laminated glass formed by at least two layers of glass 1, 5) by a polymer interlayer (adhesive film) 6, where the interlayer acts as a bonding layer (paragraphs [0034] and [0075]). Jeanfils teaches well known hermetically bonding seal technologies including a solder-glass-based seal which does not allow the effects of differential expansion between the interior-side glass pane of the glazing unit and the exterior-side glass pane of the glazing unit when said panes are subjected to large temperature differences to be absorbed. Quite substantial stresses are therefore generated at the periphery of the glazing unit and may lead to breakage of the glass panes of the glazing unit (paragraph [0096]). Jeanfils does not explicitly teach the edge of the vacuum layer is sealed by cold laser welding, wherein the full width at half maximum of the laser pulse of the cold laser is less than or equal to 20 picoseconds. Karam-219 teaches a vacuum insulated glazing and manufacturing method thereof (abstract). Karam-219 teaches a hermetic bond is formed around the perimeter of a vacuum sealed chamber 12 (vacuum layer), where a bonding method includes room temperature laser bonding (RTB) (cold laser welding), as described by Karam-990, and the method relies on creating a change in optical transmissivity at an interface between two materials, such that irradiating the interface at a laser wavelength creates a localized high temperature, causing material diffusion and softening of the substrates immediately adjacent the heated interface, forming the desired bond (paragraphs [0037], [0041], [0042] and [0057]). Karam-990 teaches a helpful attribute of the cold laser room temperature laser bonding (RTB) (cold laser welding) process is that the shorter the pulse length, the less likelihood there is to burn or melt the polymer prior to bonding (column 8, lines 31-46). Karam-990 does not explicitly teach the full width at half maximum of the laser pulse of the cold laser is less than or equal to 20 picoseconds. It would have been obvious to one having ordinary skill in the art at the time of the invention to determine an appropriate pulse length or duration using nothing more than routine experimentation to achieve the desired reduced likelihood of burning or melting the material to be bonded. It has been held where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art unless such a range is shown to be critical. Please see MPEP § 2144.05(II)(A). Jeanfils, Karam-219 and Karam-990 are analogous inventions in the field of hermetically sealed vacuum insulated glass laminates. It would have been obvious to one skilled in the art at the time of the invention to modify the hermetically bonded seal 4 of Jeanfils with the room temperature laser bonding (RTB) (cold laser welding) from the combination of Karam-219 and Karam-990 to form a hermetically bonding seal to: prevent the formation of stresses at the periphery of the glazing unit which may lead to breakage of the glass panes of the glazing unit; and/or reduce the likelihood that the materials to be bonded are damaged (burned or melted) prior to bonding. Jeanfils does not explicitly teach: (i) the spacers (pillars) 3 are flexible micro-pillars having a composite structure formed of at least two fiber layers and at least one metal layer and/or alloy layer, wherein the metal layer and/or alloy layer is located between the two fiber layers; and (ii) the thickness of the internal volume V (vacuum layer) is 0.1 to 0.5 mm. Abe teaches a glass panel unit comprising a first glass panel, a second glass panel, a hermetically bonding seal, an evacuated space (vacuum layer), and a set of discrete spacers (pillar) 70 (abstract and Figure 2). Abe teaches the spacer (pillar) includes a polymer material, where the use of a polymer material for a spacer gives flexibility to the spacers (paragraphs [0003] and [0005]), which corresponds to a flexible pillar. Abe teaches the height of the spacer (pillar), which also corresponds to the height (thickness) of the evacuated space (vacuum layer), ranges from 10 to 1000 µm, with 100 µm being highlighted as an example (paragraph [0036]), which corresponds to a flexible micro-pillar and the thickness of the vacuum layer ranging from 10 to 1000 µm (0.01 to 1 mm), which encompasses the claimed range. Abe teaches the spacer 70 comprises a stack of two or more films 71, and one or more bonding layers 72 (paragraphs [0057] – [0066]; and Figure 3), which corresponds to a composite structure. Abe teaches a functional material is preferably included in the one or more bonding layers 72, where the functional material includes at least one of glass, metal, ceramic, and graphite (paragraph [0066]), which corresponds to the film 72 being a metal layer. Abe also teaches the film 71 includes an additional film comprising glass fibers (paragraph [0058]), which corresponds to the film 71 being a fiber layer. Abe teaches the spacer 70 is formed of at least two films (fiber layers) 71 and at least one bonding layer (metal layer and/or alloy layer) 72, where the bonding layer (metal layer and/or alloy layer) 72 is located between two of the films (fiber layers) 71 (Figure 3). Abe teaches the spacer 70 has the added benefit of increased strength, exhibiting elasticity, and increased thermal resistance, which results in a glass panel unit with high resistance to external impact (paragraphs [0020] – [0021]). Jeanfils and Abe are analogous inventions in the field of vacuum insulated glass laminates. It would have been obvious to one skilled in the art at the time of the invention to modify the spacers (pillars) 3 of Jeanfils with the spacers 70 of Abe (also corresponding to the thickness of the evacuated space (vacuum layer) ranging from 0.01 to 1 mm) to improve the strength, elasticity, thermal resistance, and/or impact resistance of the formed laminated glass panel.Regarding claim 6 As previously noted, Jeanfils teaches the outer pane face 12 of the first glass pane (first glass pane) 1 is laminated to at least one glass sheet 5 (laminated glass formed by at least two layers of glass 1, 5) by a polymer interlayer (adhesive film) 6, where the interlayer acts as a bonding layer (paragraphs [0034] and [0075]; and Figure 2). In addition, Jeanfils teaches the thickness Z1 of the first glass pane (first glass pane) 1 most preferably ranges from 4-8 mm (paragraph [0060]), which falls within the claimed range. Jeanfils also teaches the thickness Zs of the glass sheet 5 most preferably ranges from 3-6 mm (paragraph [0061]), which falls within the claimed range. These teachings correspond to the total thickness of the two layers of glass 1, 5 ranges from 7-14 mm, which overlaps the claimed range. Jeanfils also teaches the typical thickness of the polymer interlayer (adhesive film) 6 is preferably 0.5-1.75 mm, which overlaps the claimed range, where commercially available polymer films are PVB having a thickness of 0.76 mm, which falls within the claimed range (paragraph [0078]).Regarding claim 8 In addition, Jeanfils teaches the outer pane face 22 of the second glass pane (second glass pane) 2 is laminated to a glass sheet 5 (laminated glass formed by at least two layers of glass 2, 5) by a polymer interlayer (adhesive film) 6, where the interlayer acts as a bonding layer (paragraphs [0034] and [0075]; and Figure 2).Regarding claim 10 As previously noted, Jeanfils teaches the outer pane face 22 of the second glass pane (second glass pane) 2 is laminated to a glass sheet 5 (laminated glass formed by at least two layers of glass 2, 5) by a polymer interlayer (adhesive film) 6, where the interlayer acts as a bonding layer (paragraphs [0034] and [0075]; and Figure 2). In addition, Jeanfils teaches the thickness Z2 of the second glass pane (second glass pane) 2 preferably ranges from 3-10 mm (paragraph [0060]), which falls within the claimed range. Jeanfils also teaches the thickness Zs of the glass sheet 5 preferably ranges from 1-10 mm (paragraph [0061]), which falls within the claimed ranges. These teachings correspond to the total thickness of the two layers of glass 2, 5 ranges from 4-20 mm, which overlaps the claimed range. Jeanfils also teaches the typical thickness of the polymer interlayer (adhesive film) 6 is preferably 0.5-1.75 mm, which overlaps the claimed range, where commercially available polymer films are PVB having a thickness of 0.76 mm, which falls within the claimed range (paragraph [0078]).Regarding claim 14 In addition, Karam-990 teaches a first substrate is irradiated with the laser substantially focused at the interface and a localized high temperature at the interface from energy supplied by the laser is created (abstract). Karam-990 teaches the localized heating is used to create the bond (single welded seam formed per laser pulse iteration) (column 3, lines 49-56). Karam-990 also teaches the laser radiation pulse width is selected consistent with the thermal diffusion length (column 8, lines 16-20). Karam-990 does not explicitly teach the number of welded seams of the cold laser welding is determined according to the formula as recited in claim 14. It would have been obvious to one having ordinary skill in the art at the time of the invention to determine an appropriate number of laser pulse iterations (analogous to the number of welded seams) using nothing more than routine experimentation to achieve the desired hermetic seal extending around the perimeter of the internal volume V (vacuum layer) given the laser radiation pulse width and the desired length of the bond-line being formed. It has been held where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art unless such a range is shown to be critical. Please see MPEP § 2144.05(II)(A).Regarding claim 19 In addition, Abe teaches the spacer (flexible micro-pillar having a composite structure) 70 is formed of at least three films (fiber layers) 71 and at least two bonding layers (metal layer and/or alloy layers) 72, where the bonding layers (metal layers and/or alloy layers) 72 are separately sandwiched between two of the films (fiber layers) 71 (Figure 3).Regarding claim 20 In addition, Abe teaches a diameter of the spacers (flexible micro-pillar) 70 ranges from 0.1 to 10 mm (paragraph [0036]), which encompasses the claimed range. Abe teaches the bonding layer (metal layer or alloy layer) 72 has a thickness of 0.1 to 10 µm (paragraph [0062]), which falls within the claimed range. Abe also teaches the bonding layer (metal layer or alloy layer) 72 may be smaller than one-tenth of the thickness of the film (fiber layer) 71 (Id), which corresponds to an embodiment where the film (fiber layer) 71 has a thickness of about 100 µm (0.1 mm) (10 µm being smaller than one-tenth the size of >100 µm) or more, which overlaps the claimed range.Regarding claim 25 Regarding the thermal conductivity of the flexible micro-pillars, although the prior art does not explicitly disclose the thermal conductivity of the flexible micro-pillar is < 1 W/m*K (25°C), the claimed property is deemed to naturally flow from the structure in the prior art since the Abe reference teaches a spacer with an identical and/or substantially identical structure and/or chemical composition as the claimed invention. See MPEP §2112.Regarding claim 33 In addition, Abe teaches the spacer (micro-pillar) has a height ranging from 10 to 1000 µm (0.01 to 1 mm) (paragraph [0036]), which corresponds to the height of the micro-pillar under the compression of a pressure at 1 atmosphere is not less than 0.10 mm.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jeanfils, Karam-219, Karam-990, and Abe as applied to claim 1 above, and further in view of United States Patent Number 5,533,314 (hereinafter “Kunert”).Regarding claim 4 The limitations for claim 1 have been set forth above. In addition, Jeanfils does not explicitly teach a hollow layer provided in the first glass pane or the second glass pane, wherein the thickness of the hollow layer is 8 to 16 mm. Kunert teaches an insulating glazing unit comprising two glass panes 11, 12, with an intermediate space 18 (hollow layer) provided therebetween, where the intermediate space can be at least partly evacuated or filled with a thermally insulating material, preferably a gas or a rare gas, and having a width (thickness of the hollow layer) of 12-16 mm (abstract; Figure 2; and column 1, lines 60-67, and column 7, lines 34-36), which falls within the claimed range. Jeanfils and Kunert are analogous inventions in the field of insulated glass laminates. It would have been obvious to one skilled in the art at the time of the invention to modify the first glass pane (first glass pane) 1 or the second glass pane (second glass pane) 2 of Jeanfils with the intermediate space 18 (hollow layer) of Kunert to tailor the thermal insulating property of the glass pane 1 or 2 to a desired level.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Jeanfils, Karam-219, Karam-990, and Abe as applied to claim 1 above, and further in view of United States Patent Application Publication No. US 2017/0205117 (hereinafter “Fernando”).Regarding claim 27 The limitations for claim 1 have been set forth above. As previously mentioned, Abe teaches the film 71 includes an additional film comprising glass fibers (paragraph [0058]). In addition, Abe teaches the spacers 70 are low in thermal conductivity and thus cause an increase in thermal insulating properties (paragraph [0051]). Abe does not explicitly teach the glass fibers (ultrafine fibers) is one or more of aluminosilicate glass, boroaluminosilicate glass, soda-line glass, borosilicate glass, quartz glass, metal, and alloy. Fernando teaches heat resistant inorganic fibers being used in a thermal insulation application, where the suitable inorganic fibers include alumino-silicate fibers (aluminosilicate glass), S2-glass fibers (boroaluminosilicate glass), E-glass fibers (boroaluminosilicate glass), quartz fibers, among others (paragraph [0038]). It would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the fibrous glass material used in the additional layer of Abe with the heat resistant inorganic fibers of Fernando to provide conventional glass fibers useful in thermal insulation applications. The limitation requiring “the alloy includes stainless steel” has been considered. However, this limitation is not required to meet claim 27 because the alloy from claim 1 is recited as being an optional feature.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
USPN 6,210,763 teaches maintaining the spacing of glass panes in a vacuum insulated glass to form an evacuated space V therebetween prevents the deterioration in the heat insulating performance of the glass sheets, where the spacers used to maintain said spacing have a height (analogous to the thickness of the evacuated space V) of 0.1 to 0.5 mm (column 4, lines 25-65).
US 2017/0268285 teaches a layered composite spacer 70 for vacuum insulated glass laminates (abstract; and Figure 1).
US 2016/0298377 teaches a layered composite spacer 3 for vacuum insulated glass laminates (abstract; paragraphs [0026] – [0032]; and Figures 2-4).
US 2011/0072961 teaches a structural spacer used in a glass laminate application comprising a variety of materials, including metals, alloys, and fiber reinforced composites (abstract; and paragraphs [0032] – [0034]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN HANDVILLE whose telephone number is (571)272-5074. The examiner can normally be reached Monday through Thursday, from 9 am to 4 pm.
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/BRIAN HANDVILLE/Primary Examiner, Art Unit 1783
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