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 Group I, claims 29-33, 36, 37, 40 and 46, in the reply filed on January 26, 2026 is acknowledged.
Claims 50-55 and 63-66 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected product and method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 26, 2026.
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.
Claims 29-33, 36, 37 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Borelli et al. (US 2017/0355636).
Regarding claim 29, Borelli discloses a specific example of a glass composition comprising, in terms of mol %: 60-70% SiO2; 6-14% Al2O3; 0-20% Na2O; 0-10% K2O; and 0-5% ZrO-2 [0081]. Note that the disclosed ranges overlap the claimed ranges and that a prima facie case of obviousness exists where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”; see MPEP 2144.05 I. The reference further discloses the glass composition may include gold, silver and mixtures thereof in an amount from greater than 0 mol % to about 5 mol % [0050 & 0059]. Note that given both gold and silver may be included in an amount greater than zero up to a total amount of about 5 mol %, the reference is considered to render obvious the claimed ranges for each of gold and silver; see MPEP 2144.05 I.
Regarding claims 30 and 31, given the reference discloses that both gold and silver may be included in an amount greater than zero up to a total amount of about 5 mol %, the reference is considered to render obvious the claimed ranges for each of gold and silver, see above discussion.
Regarding claim 32, the reference discloses the composition includes 0-15 mol % B2O3, which overlaps the claimed range [0081]; see MPEP 2144.05 I.
Regarding claim 33, the reference discloses the compositions include, in terms of mol %: 0-20% Na2O; 0-10% K2O; and 0-15% Li2O, all of which overlap the claimed ranges [0081]; see MPEP 2144.05 I.
Regarding claim 36, the reference discloses the composition includes 6-14 mol % Al2O3, which overlaps the claimed range [0081]; see MPEP 2144.05 I.
Regarding claim 37, the reference discloses the composition includes 0-8 mol % MgO, which overlaps the claimed range [0081]; see MPEP 2144.05 I.
Regarding claim 40, the reference discloses the composition includes 0-10 mol % CaO, which overlaps the claimed range [0081]; see MPEP 2144.05 I.
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Borelli et al. (US 2017/0355636) as applied to claim 29 above, and further in view of Yamamoto et al. (US 2014/0099501).
Borelli discloses the glass composition of claim 29, see above discussion. The reference, however, fails to disclose the claimed amount of TiO2.
Yamamoto discloses a glass composition comprising TiO2 as a color correcting component, see abstract and [0047]. The reference further discloses TiO2 is a component that improves weather resistance, is a color correcting component adjusting the color tone of the glass, and is not essential but can be contained as necessary [0086]. When TiO2 is contained, it is possible that a significant effect cannot be obtained regarding improvement of weather resistance if its content is less than 0.005% [0086]. It is also possible that the color correcting effect cannot be obtained sufficiently, and that exhibition of, for example, bluish black or brownish black color tone in a black base color glass cannot be prevented sufficiently [0086]. Preferably, its content is 0.01% or more, typically 0.1% or more [0086]. When the content of TiO2 is more than 1%, it is possible that the glass becomes unstable and devitrification occurs [0086]. Preferably, its content is 0.8% or less, typically 0.6% or less [0086]. Note that the values are expressed in mole percentage [0050].
It would have been obvious to one of ordinary skill in the art at the time of the invention to include 0.01 to 0.8 mol % of TiO2 in the glass composition of Borelli in order to improve weather resistant and provide a color correcting effect without making the glass unstable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A AUER whose telephone number is (571)270-5669. The examiner can normally be reached Monday - Friday 9 am - 4 pm EST.
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/LAURA A AUER/Primary Examiner, Art Unit 1783