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 Objections
Claims 8-14 are objected to because of the following informalities:
With regard to claim 8: Line 5 of the claim, it appears the limitation “a generally planar second lite of glass” should be directed to --a second lite of glass-- for consistency of the claim language. Note that lines 6-7 of the claim has been amended to recite the second lite of glass is generally planar.
Appropriate correction is required.
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.
Claim(s) 1-4, 6-7, and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hyun et al. (KR 101876516 B1) in view of Stark et al. (US 2016/0108659 A1).
With regard to claim 1: Hyun et al. discloses an improved window system (vacuum glass window 100) (figs. 1-5), comprising:
a window frame (110) (figs. 1-3 and 5);
a vacuum insulating glass unit assembly (vacuum glass panel 130) (figs. 1-5; par. [0025]) including:
a generally planar first lite of glass (131) and a generally planar second lite of glass (133) (figs. 1-5; par. [0029]), each having a perimeter surface (fig. 4a);
at least one pillar array (135) arranged between the generally planar first lite of glass (131) and the generally planar second lite of glass (133), for provision of generally uniform spacing between the first lite of glass (131) and the generally planar second lite of glass (133) (figs. 4a-4b); and
a sealing component (glass frit bar 137), provided around a perimeter of the generally planar first lite of glass (131) and the generally planar second lite of glass (133), to enable a vacuum to be provided between the generally planar first lite of glass (131) and the generally planar second lite of glass (133) when a gas is evacuated from the spacing between the generally planar first lite of glass (131) and the second lite of glass (133) (figs. 1-5; par. [0046]); and
a gasket (150) provided adjacent to the perimeter surface of the generally planar first lite of glass (131) and the perimeter surface of the generally planar second lite of glass (133), the gasket (150) being generally positioned uniformly about the perimeter surface of the generally planar first lite of glass (131) and the perimeter surface of the generally planar second lite of glass (133) (figs. 1-2 and 5; par. [0025]),
wherein the gasket (150) includes a head region having a protrusion (A) and a lateral projection (B) generally opposite the protrusion (A) (fig. 3),
wherein the vacuum insulating glass unit assembly (130) with the gasket (150) is configured
to be installed in the window frame (110) (figs. 1-2 and 5; par. [0025]),
Hyun et al. does not disclose that the sealing component is a metallic sealing component or a ceramic frit sealing component.
However, Stark et al. discloses a window system comprising a sealing component (sealing system) comprising glass or ceramic frit or a metal band or metal sealing system (par. [0106]).
It would have been obvious to one of ordinary skill in art before the effective of the claimed invention to modify the improved window system of Hyun et al. to substitute the glass frit of the sealing component to be a ceramic frit such as taught by Stark et al. yielding the predictable results of providing a known sealing component material that is durable. No new or unpredictable would be obtained from substituting the sealing component of Hyun et al. for another known sealing component such as taught by Stark et al. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
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Fig. 3: Hyun et al. (KR 101876516 B1)
With regard to claim 2: Hyun et al. discloses that the generally planar first lite of glass (131) and the generally planar second lite of glass (133) each have a thickness in a range of 3 millimeters to 8 millimeters (par. [0031]), which is encompassed by the claimed range of 3.0 millimeters to 10.0 millimeters.
With regard to claim 3: Hyun et al. discloses that the generally unform spacing between the first lite of glass (131) and the generally planar second lite of glass (133) is in a range of 0.1 millimeters to 0.8 millimeters (par. [0031]), which encompasses the claimed 0.20 millimeters to 0.50 millimeters.
With regard to claim 4: Hyun et al. discloses at least one of the generally planar first lite of glass (131) and the generally planar second lite of glass (133) is tempered (low-iron tempered glass) (par. [0030]).
With regard to claim 6: Hyun et al. discloses that the gasket (150) comprises a cross-sectional U-shaped appearance having a central channel (figs. 2-3).
Hyun et al. in view of Stark et al. does not disclose that the cross-sectional U-shaped appearance having (i) an average outer width of approximately 30.00 millimeters, (ii) an average outer height of approximately 10.75 millimeters, and (iii) the central channel having an average width of approximately 9.30 millimeters.
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have good reason to pursue the known options within his or her technical grasp, as the selected option was one of a finite number of available dimensions for the cross-sectional U-shaped appearance of the gasket in order to provide proper sealing between the window frame and the vacuum insulated glass unit assembly so as to prevent condensation caused by indoor and outdoor temperature differences. No new or unpredictable results would be obtained from modifying the gasket of Hyun et al. to comprise the claimed dimensions. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
With regard to claim 7: Hyun et al. discloses that the gasket (150) is generally constructed of at least one material comprising rubber (par. [0049]).
With regard to claim 21: Hyun et al. discloses that the gasket (150) includes one or more fins (C) (fig. 3).
With regard to claim 22: Hyun et al. discloses that the gasket (150) include a central channel (receiving 131 and 133) and a one or more cutouts (occupied by heating wire 155) along the central channel (receiving 131 and 133) (fig. 3).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hyun et al. (KR 101876516 B1) in view of Stark et al. (US 2016/0108659 A1) and in further view of Amari et al. (US 2004/0253395 A1).
With regard to claim 5: Hyun et al. in view of Stark et al. does not disclose that the at least one pillar array comprises a steel construction.
However, Amari et al. discloses a window system comprising at least one pillar array (spacers 3) arranged between a generally planar first lite of glass (1) and a generally planar second lite of glass (2), the at least one pillar array (3) comprising a steel (stainless steel) construction so as to withstand the atmospheric pressure acting on the generally planar first lite of glass (1) and the generally planar second lite of glass (2) (fig. 1; par. [0047] and [0078]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the improved window system of Hyun et al. previously modified by Stark et al. to have the at least pillar array be a steel construction such as taught by Amari et al. in order to provide a known material capable of withstanding the atmospheric pressure acting on the generally planar first lite of glass and the generally planar second lite of glass.
Claim(s) 8-11, 13-16 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hyun et al. (KR 101876516 B1) in view of Stark et al. (US 2016/0108659 A1) and in further view of Masakage et al. (JP 2002-21436).
With regard to claim 8: Hyun et al. discloses a method of manufacturing an improved window system (vacuum glass window 100) (figs. 1-5), the method comprising:
providing a window frame (110) (figs. 1-3 and 5);
providing a vacuum insulating glass unit assembly (vacuum glass panel 130) (figs. 1-5; par. [0025]) including:
a first lite of glass (131) and a second lite of glass (133) (figs. 1-5; par. [0029]), each having a perimeter surface (fig. 4a), the first lite of glass and the second lite of glass being generally planar (figs. 1-5);
at least one pillar array (135) arranged between the generally planar first lite of glass (131) and the generally planar second lite of glass (133), for provision of generally uniform spacing between the first lite of glass (131) and the generally planar second lite of glass (133) (figs. 4a-4b); and
a sealing component (glass frit bar 137), provided around a perimeter of the generally planar first lite of glass (131) and the generally planar second lite of glass (133); and
providing a vacuum between the generally planar first lite of glass (131) and the generally planar second lite of glass (133) by evacuating a gas from the generally uniform spacing between the generally planar first lite of glass (131) and the generally planar second lite of glass (133) (figs. 1-5; par. [0046]);
providing a gasket (150) adjacent to the perimeter surface of the generally planar first lite of glass (131) and the perimeter surface of the generally planar second lite of glass (133), the gasket (150) being generally positioned uniformly about the perimeter surface of the generally planar first lite of glass (131) and the perimeter surface of the generally planar second lite of glass (133) (figs. 1-2 and 5; par. [0025]);
installing the vacuum insulating glass unit assembly (130) with the gasket (150) in the window frame (110) (figs. 1-2 and 5; par. [0025]).
Hyun et al. does not disclose that the sealing component is a metallic sealing component or a ceramic frit sealing component.
However, Stark et al. discloses a window system comprising a sealing component (sealing system) comprising glass or ceramic frit or a metal band or metal sealing system (par. [0106]).
It would have been obvious to one of ordinary skill in art before the effective of the claimed invention to modify the method of Hyun et al. to have the glass frit of the sealing component be a ceramic frit such as taught by Stark et al. yielding the predictable results of providing a known sealing component material that is durable. No new or unpredictable would be obtained from substituting the sealing component of Hyun et al. for another known sealing component such as taught by Stark et al. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
Hyun et al. discloses that the gasket (150) includes a central channel (receiving 131 and 133).
Hyun et al. in view Stark et al. does not disclose that the gasket includes a head region having a protrusion and a lateral projection generally opposite the protrusion; wherein a least a portion of the protrusion extends laterally into the central channel.
However, Masakage et al. discloses a gasket (8) includes a head region having a protrusion (11a or protrusion below 11a) and a lateral projection (12) generally opposite the protrusion (11a or protrusion below 11a) (fig. 4); wherein the gasket (8) includes a central channel (receiving 5A, 5B) and a least a portion of the protrusion (11a or protrusion below 11a) extends laterally into the central channel (fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Hyun et al. previously modified by Stark et al. to have the gasket include a head region having a protrusion and a lateral projection generally opposite the protrusion; wherein a least a portion of the protrusion extends laterally into the central channel such taught by Masakage et al. in order to ensure tight seal where surface area of contact is concentrated at the respective protrusion.
With regard to claim 9: Hyun et al. discloses that the generally planar first lite of glass (131) and the generally planar second lite of glass (133) each have a thickness in a range of 3 millimeters to 8 millimeters (par. [0031]), which is encompassed by the claimed range of 3.0 millimeters to 10.0 millimeters.
With regard to claim 10: Hyun et al. discloses that the generally unform spacing between the first lite of glass (131) and the generally planar second lite of glass (133) is in a range of 0.1 millimeters to 0.8 millimeters (par. [0031]), which encompasses the claimed 0.20 millimeters to 0.50 millimeters.
With regard to claim 11: Hyun et al. discloses at least one of the generally planar first lite of glass (131) and the generally planar second lite of glass (133) is tempered (low-iron tempered glass) (par. [0030]).
With regard to claim 13: Hyun et al. discloses that the gasket (150) comprises a cross-sectional U-shaped appearance having a central channel (figs. 2-3).
Hyun et al. in view of Stark et al. does not disclose that the cross-sectional U-shaped appearance having (i) an average outer width of approximately 30.00 millimeters, (ii) an average outer height of approximately 10.75 millimeters, and (iii) the central channel having an average width of approximately 9.30 millimeters.
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have good reason to pursue the known options within his or her technical grasp, as the selected option was one of a finite number of available dimensions for the cross-sectional U-shaped appearance of the gasket in order to provide proper sealing between the window frame and the vacuum insulated glass unit assembly so as to prevent condensation caused by indoor and outdoor temperature differences. No new or unpredictable results would be obtained from modifying the gasket of Hyun et al. to comprise the claimed dimensions. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
With regard to claim 14: Hyun et al. discloses that the gasket (150) is generally constructed of at least one material comprising rubber (par. [0049]).
With regard to claim 15: Hyun et al. discloses a vacuum insulating glass unit assembly (vacuum glass panel 130) (figs. 1-5; par. [0025]), comprising:
a generally planar first lite of glass (131) and a generally planar second lite of glass (133) (figs. 1-5; par. [0029]), each having a perimeter surface (fig. 4a);
at least one pillar array (135) arranged between the generally planar first lite of glass (131) and the generally planar second lite of glass (133), for provision of generally uniform spacing between the first lite of glass (131) and the generally planar second lite of glass (133) (figs. 4a-4b); and
a sealing component (glass frit bar 137), provided around a perimeter of the generally planar first lite of glass (131) and the generally planar second lite of glass (133), to enable a vacuum to be provided between the generally planar first lite of glass (131) and the generally planar second lite of glass (133) when a gas is evacuated from the spacing between the generally planar first lite of glass and the second lite of glass (figs. 1-5; par. [0046]); and
a gasket (150) provided adjacent to the perimeter surface of the generally planar first lite of glass (131) and the perimeter surface of the generally planar second lite of glass (133) (figs. 1-2 and 5; par. [0025]),
wherein the vacuum insulating glass unit assembly (130) with the gasket (150) are configured
to be installed in a window frame (110) (figs. 1-2 and 5; par. [0025]).
Hyun et al. does not disclose that the sealing component is a metallic sealing component or a ceramic frit sealing component.
However, Stark et al. discloses a window system comprising a sealing component (sealing system) comprising glass or ceramic frit or a metal band or metal sealing system (par. [0106]).
It would have been obvious to one of ordinary skill in art before the effective of the claimed invention to modify the vacuum insulating glass unit assembly of Hyun et al. to substitute the glass frit of the sealing component to be a ceramic frit such as taught by Stark et al. yielding the predictable results of providing a known sealing component material that is durable. No new or unpredictable would be obtained from substituting the sealing component of Hyun et al. for another known sealing component such as taught by Stark et al. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
Hyun et al. discloses that the gasket (150) includes a central channel (receiving 131 and 133), wherein the gasket (150) has one or more voids (occupied by heating wire 155) formed therein; or one or more cutouts (occupied by heating wire 155) along the central channel (receiving 131 and 133) (fig. 3).
Hyun et al. in view Stark et al. does not disclose that the gasket includes a head region having a protrusion and a lateral projection generally opposite the protrusion; wherein a least a portion of the protrusion extends laterally into the central channel.
However, Masakage et al. discloses a gasket (8) includes a head region having a protrusion (11a or protrusion below 11a) and a lateral projection (12) generally opposite the protrusion (11a or protrusion below 11a) (fig. 4); wherein the gasket (8) includes a central channel (receiving 5A, 5B) and a least a portion of the protrusion (11a) extends into the central channel (fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Hyun et al. previously modified by Stark et al. to have the gasket include a head region having a protrusion and a lateral projection generally opposite the protrusion; wherein a least a portion of the protrusion extends into the central channel such taught by Masakage et al. in order to ensure tight seal where surface area of contact is concentrated at the respective protrusion.
With regard to claim 16: Hyun et al. discloses that the generally planar first lite of glass (131) and the generally planar second lite of glass (133) each have a thickness in a range of 3 millimeters to 8 millimeters (par. [0031]), which is encompassed by the claimed range of 3.0 millimeters to 10.0 millimeters;
Hyun et al. discloses that the generally unform spacing between the first lite of glass (131) and the generally planar second lite of glass (133) is in a range of 0.1 millimeters to 0.8 millimeters (par. [0031]), which encompasses the claimed 0.20 millimeters to 0.50 millimeters.
Hyun et al. further discloses at least one of the generally planar first lite of glass (131) and the generally planar second lite of glass (133) is tempered (low-iron tempered glass) (par. [0030]).
With regard to claim 18: Hyun et al. discloses that the gasket (150) comprises a cross-sectional U-shaped appearance having a central channel (figs. 2-3).
Hyun et al. in view of Stark et al. does not disclose that the cross-sectional U-shaped appearance having (i) an average outer width of approximately 30.00 millimeters, (ii) an average outer height of approximately 10.75 millimeters, and (iii) the central channel having an average width of approximately 9.30 millimeters.
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have good reason to pursue the known options within his or her technical grasp, as the selected option was one of a finite number of available dimensions for the cross-sectional U-shaped appearance of the gasket in order to provide proper sealing between the window frame and the vacuum insulated glass unit assembly so as to prevent condensation caused by indoor and outdoor temperature differences. No new or unpredictable results would be obtained from modifying the gasket of Hyun et al. to comprise the claimed dimensions. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
With regard to claim 19: Hyun et al. discloses that the gasket (150) is generally constructed of at least one material comprising rubber (par. [0049]).
With regard to claim 20: Hyun et al. discloses that the gasket (150) component is generally positioned uniformly about the perimeter surface of the generally planar first lite of glass (131) and the perimeter surface of the generally planar second lite of glass (133) (figs. 1-2 and 5; par. [0025]).
Claim(s) 12 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hyun et al. (KR 101876516 B1) in view of Stark et al. (US 2016/0108659 A1), Masakage et al. (JP 2002-21436) and in further view of Amari et al. (US 2004/0253395 A1).
With regard to claim 12: Hyun et al. in view of Stark et al. and Masakage et al. does not disclose that the at least one pillar array comprises a steel construction.
However, Amari et al. discloses a window system comprising at least one pillar array (spacers 3) arranged between a generally planar first lite of glass (1) and a generally planar second lite of glass (2), the at least one pillar array (3) comprising a steel (stainless steel) construction so as to withstand the atmospheric pressure acting on the generally planar first lite of glass (1) and the generally planar second lite of glass (2) (fig. 1; par. [0047] and [0078]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Hyun et al. previously modified by Stark et al. and Masakage et al. to have the at least pillar array be a steel construction such as taught Amari et al. in order to provide a known material capable of withstanding the atmospheric pressure acting on the generally planar first lite of glass and the generally planar second lite of glass.
With regard to claim 17: Hyun et al. in view of Stark et al. and Masakage et al. does not disclose that the at least one pillar array comprises a steel construction.
However, Amari et al. discloses a window system comprising at least one pillar array (spacers 3) arranged between a generally planar first lite of glass (1) and a generally planar second lite of glass (2), the at least one pillar array (3) comprising a steel (stainless steel) construction so as to withstand the atmospheric pressure acting on the generally planar first lite of glass (1) and the generally planar second lite of glass (2) (fig. 1; par. [0047] and [0078]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vacuum insulating glass unit assembly of Hyun et al. previously modified by Stark et al. and Masakage et al. to have the at least pillar array be a steel construction such as taught by Amari et al. in order to provide a known material capable of withstanding the atmospheric pressure acting on the generally planar first lite of glass and the generally planar second lite of glass.
Response to Arguments
The previous objection of claims 1-20 has been withdrawn in view of the amendment filed 6/30/36.
Applicant's arguments filed 6/30/26 have been fully considered but they are not persuasive.
Applicant argues that with respect to claim 1, Hyun et al. does not disclose include a head region having a protrusion and a lateral projection generally opposite the protrusion.
Examiner respectfully disagrees, Hyun et al. the gasket (150) includes a head region having a protrusion (A) and a lateral projection (B) generally opposite the protrusion (A) (see annotated fig. 3).
Applicant’s arguments with respect to claim(s) 8-20 have been considered but are moot in view of the new grounds of rejection.
Note that Hyun et al. discloses that the gasket (150) includes a central channel (receiving 131 and 133), wherein the gasket (150) has one or more voids (occupied by heating wire 155) formed therein; or one or more cutouts (occupied by heating wire 155) along the central channel (receiving 131 and 133).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSIE T FONSECA whose telephone number is (571)272-7195. The examiner can normally be reached 7:00am - 3:30pm.
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/JESSIE T FONSECA/Primary Examiner, Art Unit 3633
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