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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/084,541
`
`09/12/2018
`
`Hiroyuki ABE
`
`09 1478-0293
`
`2153
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`HULTING, EVAN T
`
`1745
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/23/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`16/084,541
`ABE etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`EVAN T HULTING
`1745
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 06/21/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) ([] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210616-1
`
`

`

`Application/Control Number: 16/084,541
`Art Unit: 1745
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined underthe
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`first inventor to file provisions of the AJA.
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`Claim Rejections - 35 USC § 103
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`2.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground ofrejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same undereither status.
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`3.
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`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
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`rejectionsset forth in this Office action:
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`A patent for a claimed invention may not be obtained, notwithstanding that the claimed inventionis 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 obviousbefore the effective
`filing date of the claimed invention to a person having ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin which the invention was made.
`
`4,
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`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under 35
`
`U.S.C. 103 are summarized as follows:
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`1. Determining the scope and contents ofthe priorart.
`
`2. Ascertaining the differences betweenthe prior art and the claimsat issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`

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`Application/Control Number: 16/084,541
`Art Unit: 1745
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`Page 3
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`5.
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`Claim 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abe (US
`
`2015/0068665) in view of Schmalet al. (US 2008/0247683).
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`6.
`
`Regarding claim 1, Abe teaches a manufacturing method of a glass panel unit,
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`comprising: housing a preassembled componentto be a glass panel unit, the preassembled
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`componentincludingafirst glass panel, a second glass panel (glass panels 1 and 2, [0044]), a
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`frame member(frit seal 4, [0045]), an inside space (space 3, [0045]), and an exhaust port in a
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`chamberhaving an air passage for evacuation and evacuating the chambervia the air passage to
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`achieve a reduced pressurestate (slit 5b serves as air passage through partition 5a, [0053], in a
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`furnace chamber [0065 ]); and
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`heating the frame memberof the preassembled componenthoused in the chamber by
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`heating a pressing part of the chamber with a heater to deform the frame memberso asto close
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`the exhaust port (melting process of frit seal 4 and partition 5a, [0061], 1.e., deforming the frame
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`member(frit seal) so as to close the exhaust port. Abe teaches the process of melting frame
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`members in a furnace(i.e., a heater, [0065]), the first glass panel includingat least a glass plate
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`(glass panel 1), the second glass panelincludingat least a glass plate (glass panel 2) and being
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`disposed with a first surface of the second glass panel facing a first surface of the first glass panel
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`(e.g., surface la, [0044]) with a prescribed space formed between thefirst surface of the second
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`glass panel andthefirst surface ofthe first glass panel (partial region A, [0055]), the frame
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`memberbeing disposed betweenthe first glass panel and the second glass panel to hermetically
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`bondthefirst glass panel to the second glass panel (glass panels 1,2 bonded with frit seal 4,
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`

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`Application/Control Number: 16/084,541
`Art Unit: 1745
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`Page 4
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`[0045]), the inside space being enclosed bythefirst glass panel, the second glass panel, and the
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`frame member (hermetically bonding glass panels 1,2 with frit seal 4, [0045]), the exhaust port
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`being formed in the frame member and communicating with the inside space and an outside
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`space (air passage throughslit 5b, [0053]),
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`the bag has the pressing part which is thermally conductive and is movable to press a
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`second surface ofthe first glass panel and a second surface of the second glass panel in a
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`direction that the first glass panel and the second glass panel move towards each other
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`(mechanical pressing force is applied to the glass panels to decrease the distance between them,
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`[0065]), the air passage communicating with the outside space (the air passage inherently
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`communicates with an outside space), and
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`when the evacuation is performed with a vacuum pumpto achieve the reduced pressure
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`state, air pressure in the chamber decreases, and the pressing part is pressed due to atmospheric
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`pressure, and thereby the pressing part presses the second surfaceofthe first glass panel and the
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`second surface of the second glass panel in a direction in which the second surfaceofthefirst
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`glass panel and the second surface of the second glass panel approach each other ([0068], [0076],
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`[0135)]).
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`7.
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`Abeteaches the foregoing limitations, but does not expressly teach that chamber includes
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`a deformable bag having an opening, a seal memberprovided at a periphery of the opening, and
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`a detachable closing memberfor closing the opening via the seal member, the closing member
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`having the air passage for communication between the inside space and the outside space.
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`However, Schmal teaches a chamberthat includes a deformable bag (oven bag 100, [0023])
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`having an opening (open top end 103, [0023], a seal memberis provided at a periphery of the
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`opening (adhesive 120, [0029]), a closing member which attachably and detachably closes the
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`

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`Application/Control Number: 16/084,541
`Art Unit: 1745
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`Page 5
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`opening via the seal memberis provided (flap portion 110, [0029]), and the closing memberhas
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`an air passage (top opening 103 hasan air passage, [0029]).
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`8.
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`Abe and Schmalare analogous in the field of vacuum sealing at high temperatures (see
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`e.g., Schmal [0035], [0036]). Therefore, it would have been obvious to one of ordinary skill in
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`the art at the time of filing the application to modify the chamber of Abe with the bag of Schmal
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`in order to achieve an increased hermetically sealed vacuum state.
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`Response to Arguments
`
`9.
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`Applicant's arguments filed June 1, 2021, have been fully considered but they are not
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`persuasive. Regarding the amendments to claim 1, negative pressure (i.e., vacuum) is effected
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`betweena first and second glass panel via a vacuum pump. Therefore, Abe unequivocally
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`teaches this limitation as noted above.
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`

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`Application/Control Number: 16/084,541
`Art Unit: 1745
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`Page 6
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`10.
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`In response to applicant's argumentthat Abe and Schmal is nonanalogous art, it has been
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`held that a prior art reference musteither be in thefield of applicant’s endeavoror, if not, then be
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`reasonably pertinent to the particular problem with which the applicant was concerned, in order
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`to be relied upon as a basis for rejection of the claimed invention. See Jn re Oetiker, 977
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`F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Applicant’s argumentis therefore
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`unpersuasive because, as noted in paragraph 7 above, Abe and Schmalare analogous in the field
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`of vacuum sealing at high temperatures (see e.g., Schmal [0035], [0036]).
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`Conclusion
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`11.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP§ 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
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`MONTHSof the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTHshortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`however,will the statutory period for reply expire later than SIX MONTHSfrom the date ofthis
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`final action.
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`12.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to EVAN T HULTINGwhosetelephone numberis (571) 272-4645.
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`The examiner can normally be reached on Monday-Friday 8:00am to 5:00pm EST.
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`

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`Application/Control Number: 16/084,541
`Art Unit: 1745
`
`Page 7
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`Examinerinterviews 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
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Philip Tucker can be reached on 571-272-1095. The fax phone numberfor the
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`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`maybe obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
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`
`1000.
`
`/Evan Hulting/
`Examiner
`
`Art Unit 1745
`
`/MARK A OSELE/
`Primary Examiner, Art Unit 1745
`June 17, 2021
`
`