DETAILED ACTION
Reissue
The present reissue application is directed to US 11,964,895 B2 (“895 Patent”). 895 Patent issued on April 23, 2024 with claims 1-19 from application 18/119,570 filed on March 9, 2023, which is a continuation of PCT/US2021/058551 filed on November 9, 2021 and 17/521,364 filed on November 8, 2021, and claims priority to 63/113,507 filed on November 13, 2020.
This application was filed on May 16, 2025. Since this date is after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions. Furthermore, the present application is being examined under the first inventor to file provisions of the AIA .
This application presents broadened claims, which are permitted because Applicant filed these claims and demonstrated an intent to broaden within two years of the issue date of 895 Patent.
The most recent amendment was filed on May 1, 2026. The status of the claims is:
Claims 1-19: Canceled
Claims 20-39: New
This is a final action.
References and Documents Cited in this Action
895 Patent (US 11,964,895 B2)
Dannoux (US 2020/0002211 A1)
Oomori (US 2006/0040071 A1)
Keech (US 2018/0127310 A1)
Amma (US 2020/0278483 A1)
Response (Applicant’s Response filed on May 1, 2026)
Summary of Rejections and Objections in this Action
Examiner objects to the claim amendment.
Claims 20-39 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251.
Summary of the Claims
895 Patent is directed to a glass article and its method of forming. Claim 20 is representative:
20. A glass article, comprising:
two primary surfaces,
lateral edges,
glass of the glass article having a composition in terms of weight percentage of representative oxides comprising:
7-45 wt% of silica,
2-5 wt% of Na2O; and
high-index dopants comprising La2O3, Nb2O5, and TiO2;
a low liquidus viscosity of the glass, viscosity of 0.01 poise to 3000 poise;
an index of refraction of the glass within a range of 1.7 to 3.0, where the index of refraction is at room temperature for wavelength of 589 nm;
a width of the glass article between the lateral edges, the width within a range of 15 mm to 500 mm;
a thickness of the glass article between the two primary surfaces, the thickness within a range of 0.1 mm to 8.5 mm;
a low warp of the glass article, the warp of 100 μm or less, where the warp refers to a difference between maximum and minimum distances of a median plane equidistant from the primary surfaces from a reference plane as per ASTM F1390; and
a total thickness variation of the glass article of 100 μm or less, where the total thickness variation refers to a difference between the maximum thickness and the minimum thickness of the glass article in free, unclamped, state.
Claims 20, 36, and 38 are the independent claims. Claims 36 and 38 recite a glass article with additional details.
Claim Amendment
Examiner objects to the claim amendment filed on May 1, 2026 because it does not comply with 37 CFR 1.173. Any changes relative to the patent being reissued must be marked. Matter to be omitted by reissue must be enclosed by brackets; and matter to be added by reissue must be underlined. See 37 CFR 1.173(d).
More specifically, new claims 20-39 must be fully underlined, and the deleted extra “the” in claim 37 must not be recited at all (because it is not a change relative to the patent).
Oath/Declaration
The reissue oath/declaration filed on May 1, 2026 is defective (see 37 CFR 1.175 and MPEP § 1414) because the error statement therein does not identify a specific claim being broadened and a specific error in that claim:
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For an application filed on or after September 16, 2012 that seeks to enlarge the scope of the claims of the patent, the reissue oath or declaration must also identify a claim that the application seeks to broaden in the identification of the error that is relied upon to support the reissue application. A general statement, e.g., that all claims are broadened, is not sufficient to satisfy this requirement. “Claims 1-19” is equivalent to a general statement that all claims are broadened. In specifically identifying the error as required by 37 CFR 1.175(a), it is sufficient that the reissue oath/declaration identify the claim being broadened and a single
word, phrase, or expression in the specification or in an original claim, and how it renders the original patent wholly or partly inoperative or invalid. For example, Applicant may identify claim 1 of the patent as being broadened and identify a phrase in patent claim 1 that is not in the new reissue claims.
A new declaration is required.
Claim Rejections - 35 USC § 251
Claims 20-39 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
Allowable Subject Matter and Response to Arguments
Claims 20-39 may be allowable if Applicant overcomes the 35 U.S.C. 251 rejection set forth in this Office action.
Applicant’s Response has been fully considered and in view of the claim amendment, is persuasive with respect to the 35 U.S.C. 103 rejections. Examiner withdraws the 35 U.S.C. 103 rejections.
However, as noted above, the declaration filed on May 1, 2026 is insufficient, and Examiner maintains the 35 U.S.C. 251 rejection of claims 20-39.
The prior art, including Dannoux, Oomori, Keech, and Amma, does not specifically disclose or fairly suggest a glass article including the combination of all of the elements, steps, and limitations recited in claims 20-39 (including all of the limitations of any respective parent claims), particularly including
glass of the glass article having a composition in terms of weight percentage of representative oxides comprising 7-45 wt% of silica, 2-5 wt% of Na2O; and high-index dopants comprising La2O3, Nb2O5, and TiO2, in combination with the other recited limitations (e.g., claim 20);
glass of the glass article having a composition in terms of weight percentage of representative oxides comprising 5-55 wt% of silica, 2-5wt% of Na2O, 5.4-30 wt% La2O3, and 4.8-30 wt% Nb2O5, in combination with the other recited limitations (e.g., claim 36); or
glass of the glass article having a composition in terms of weight percentage of representative oxides comprising: SiO2, 5-55 wt%; ZrO2, 5-10 wt%; CaO, 3.5-18 wt%; La2O3, 0.2 wt% to 30 wt%; Nb2O5, 0.5 wt% to 20 wt%; TiO2, 5-20 wt%; As2O3, 0% to 0.2 wt%; and at least one of (A), (B), (C), and/or (D), where: (A) is Er2O3, 0.05% to 0.9 wt%; (B) is Pr2O3, 0.05% to 1 wt%; (C) is Ho2O3, 0.05% to 1 wt%; and (D)is CeO2, 0.05% to 1 wt%, in combination with the other recited limitations (e.g., claim 38).
Conclusion
THIS ACTION IS MADE FINAL. 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.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which this reissue application is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation. Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application. These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b).
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 https://www.uspto.gov/patents/laws/interview-practice.
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Any inquiry concerning this communication or earlier communications from the examiner, or as to the status of this proceeding, should be directed to Examiner Christina Leung at telephone number (571) 272-3023; the Examiner’s supervisor, SPE Patricia Engle at (571) 272-6660; or the Central Reexamination Unit at (571) 272-7705.
/CHRISTINA Y. LEUNG/Primary Examiner, Art Unit 3991
Conferees:
/DEANDRA M HUGHES/Reexamination Specialist, Art Unit 3992
/Patricia L Engle/SPRS, Art Unit 3991
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