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 1 and 5-7 in the reply filed on 09/03/2026 is acknowledged.
Claims 8-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/03/2026.
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.
Claims 1 and 5-7 are 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.
Regarding claim 1, the limitation “wherein a concentration of the alkali metal element is represented by x, a concentration of the alkaline-earth metal element is represented by y, and x + 2y is 0.8 times to 1.2 times a concentration of the element of the group 13 element group.” is unclear. This equation is unclear because it is not clear what units the equation is meant to be performed upon. For example, mass ratio, molar ration, and volume ratio will all give very different values. Finally, this is unclear because it unclear if this equation refers to the sum of all alkaline earth metals and alkali earth metals, or the concentration of any alkali earth metal and alkaline earth metal. For the purposes of examination, this limitation will be interpreted as meaning the concentration of any alkali earth metal and alkaline earth metal unless otherwise clarified by Applicant during the course of prosecution. It is additionally unclear if the concentration of the group 13 element is the concentration of any group 13 element or the sum of the concentrations of the group 13 element. For the purposes of examination, this limitation will be interpreted as meaning the sum of the concentration of the group 13 elements unless otherwise clarified by Applicant during the course of prosecution.
Further regarding claim 1, the limitation “wherein the glass material includes at least one element selected from the alkali element group consisting of an alkali metal element and an alkaline-earth metal element,” is unclear. First, this limitation is unclear because it recites “the alkali element group consisting of an alkali metal element and an alkaline-earth metal element”, which is unclear because in alkaline earth metal is not an alkali earth metal. This is also unclear because it is not clear if this limitation requires either of an alkali earth metal or an alkaline earth metal, or instead requires both of an alkali earth metal and an alkaline earth metal. For the purposes of examination, this limitation will be interpreted as requiring both of an alkali earth metal and an alkaline earth metal unless otherwise clarified by Applicant during the course of prosecution.
All claims not specifically addressed are rejected due to their dependence on a rejected claim.
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 and 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sawamura et al. (JPS533351A with reference to the machine translation where noted, hereinafter referred to as Sawamura).
Regarding claim 1, Sawamura discloses a glass material comprising silica-based glass (see Sawamura at [0002] of the machine translation, disclosing a glass comprising SiO2), wherein the glass material includes at least one element selected from the group 13 element group consisting of boron, aluminum, gallium, and indium (see Sawamura at the core glass of Example 9 on Table 5 from the original Japanese publication, disclosing a glass comprising 1.6 wt.% Al2O3 and 10.0 wt.% B2O3), wherein the glass material includes at least one element selected from the alkali element group consisting of an alkali metal element and an alkaline-earth metal element (see Sawamura at the core glass of Example 9 on Table 5 from the original Japanese publication, disclosing a glass comprising 2 wt.% Li2O and 8.3 wt.% CaO), wherein a concentration of the alkali metal element is represented by x, a concentration of the alkaline-earth metal element is represented by y, and x + 2y is 0.8 times to 1.2 times a concentration of the element of the group 13 element group (see Sawamura at the core glass of Example 9 on Table 5 from the original Japanese publication, disclosing a glass comprising 2 wt.% Li2O, 8.3 wt.% CaO, 10.0 wt.% B2O3, and 1.6 wt.% Al2O3, which provides a x+2y value of 8.3+2*2= 12.3, which when compared to a group 13 concentration of 11.6, provides a ratio of 11.6/12.3= 0.94, which is within the claimed range.).
Regarding claim 5, Sawamura discloses a relative refractive index difference based on a refractive index of pure silica glass is 0.0% or more (see Sawamura at the core glass of Example 9 on Table 5 from the original Japanese publication, disclosing a glass comprising a refractive index n of 1.5374. When compared to the refractive index of pure silica glass which is known in the art to be 1.4585, this provides a refractive index different of 5%, which is within the claimed range.).
Regarding claim 6, Sawamura discloses comprising silica glass in a mass ratio of 50% or more (see Sawamura at [0002] of the machine translation, disclosing a glass comprising 60 wt.% SiO2, which is within the claimed range).
Regarding claim 7, Sawamura discloses comprising at least two elements selected from the group 13 element group (see Sawamura at the core glass of Example 9 on Table 5 from the original Japanese publication, disclosing a glass comprising 1.6 wt.% Al2O3 and 10.0 wt.% B2O3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US5,146,534.
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CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731
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