`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/044,854
`
`10/01/2020
`
`Takeshi SHIMIZU
`
`091478-0407
`
`6270
`
`Rimon PC - Pansonic Corporation
`8300 Greensboro Dr.
`Suite 500
`McLean, VA 22102
`
`BLADES, JOHN A
`
`1746
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`02/20/2024
`
`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):
`USPTOmail@rimonlaw.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`Application No.
`Applicant(s)
`171044,854
`SHIMIZU etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`JOHN BLADES
`1746
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 11/13/23.
`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) 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)(2) 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*
`1-3 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C] Claim(s)
`is/are allowed.
`Claim(s) 1-3 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* 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)7) 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
`1.1.) Certified copies of the priority documents have been received.
`2.2) 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)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240210
`
`
`
`Application/Control Number: 17/044,854
`Art Unit: 1746
`
`Page 2
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`DETAILED ACTION
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`Claims 1-3 are pending as amended on 11/13/23.
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`Response to Amendment
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`1.
`
`This final action is a response to the amendmentfiled on November 13, 2023.
`
`Claim 1 has been amended as a result of the previous action; the rejections have been
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`redone accordingly.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
`
`obviousness rejections set forth in this Office action:
`
`A patent fora claimed invention may notbe obtained, notwithstanding thatthe claimed
`invention is not identically disclosed as set forth in section 102 of this title, if the differences
`between the claimed invention and the prior artare such that the claimed invention as a whole
`would have been obvious before the effectivefiling date of the claimed invention to a person
`having ordinary skillin the art to which the claimed invention pertains. Patentability shall not
`be negated by the manner in whichthe invention was made.
`
`3.
`
`Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Abe et
`
`al., JP 2018-052758 in view of Hasegawa et al., US 2006/0042748.
`
`4.
`
`With regard to claim 1, Abe teaches a standard method of making insulated glass
`
`by applying hot glue (4) & pillars (6) to a first pane (2), assembling with a second pane
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`(3), and bonding by heating as well as evacuating through a port (101) and sealing said
`
`port (throughout, e.g. abstract, [0046-0056, 0069 & FIGS. 1-10)).
`
`5.
`
`While this reference does not expressly disclose whether one of the glass panes
`
`has warpage and is softened at a temperature until warpage reduces under gravity,
`
`“gravity slumping” of softened glass substrates against various desired shaped surfaces
`
`
`
`Application/Control Number: 17/044,854
`Art Unit: 1746
`
`Page 3
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`(such as a flat bottom substrate) has long been well-knownin this art and would have
`
`been prima facie obvious for one of ordinary skill to employ whenever pane bending is
`
`desired. Hasegawa also teaches a step of heating a warped pane such that it comesto
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`rest against spacers/seals to form a planar article (throughout, e.g. abstract, [0037 &
`
`FIG. 2]).
`
`It would have been obviousfor one of ordinary skill in the art to combine the
`
`teachings & suggestions of Hasegawa with those of Abe, in order to form a more planar
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`insulated glass assembly from a warped glass substrate using only known heat
`
`slumping means with predictable success.
`
`6.
`
`With regard to claims 2-3, an inner surface of a warped pane mayhavea raised
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`or convex surface as shown in Hasegawa, orthe inverse (concave), these being the
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`only two possibilities for a warped shape, each being obviousin view of the other.
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`7.
`
`Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Abe et
`
`al., JP 2018-052758 in view of Jean Beguin etal., US 5,827,342.
`
`8.
`
`With regard to claim 1, Abe teaches a standard method of making insulated glass
`
`by applying hot glue (4) & pillars (6) to a first pane (2), assembling with a second pane
`
`(3), and bonding by heating as well as evacuating through a port (101) and sealing said
`
`port (throughout, e.g. abstract, [0046-0056, 0069 & FIGS. 1-10)).
`
`9.
`
`While this reference does not expressly disclose whether one of the glass panes
`
`has warpage and is softened at a temperature until warpage reduces undergravity,
`
`“gravity slumping” of softened glass substrates against various desired shaped surfaces
`
`(such as a flat bottom substrate) has long been well-knownin this art and would have
`
`
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`Application/Control Number: 17/044,854
`Art Unit: 1746
`
`Page 4
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`been prima facie obvious for one of ordinary skill to employ whenever pane bending is
`
`desired. Jean Beguin also teaches a step of heating a warped pane such thatit
`
`reduces warp to obtain a flat article (throughout, e.g. abstract, [FIGS. 1-8]).
`
`It would
`
`have been obviousfor one of ordinary skill in the art to combine the teachings &
`
`suggestions of Jean Beguin with those of Abe, in order to form amore planar insulated
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`glass assembly from any stressed glass substrate comprising some degree of warpage
`
`using only known heat slumping means with predictable success.
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`10.
`
`With regard to claims 2-3, an inner surface of a warped pane may have a raised
`
`or convex surface, or the inverse (concave), each shown in Jean Beguin (these being
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`the only two possibilities for a warped shape, each being obvious in view of the other).
`
`Examiner also notes US 2012/0247063, US 2009/0302511, US 6,624,009
`
`as relevant to the pending claims
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`Response to Arguments
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`11.
`
`Applicant’s arguments, see response, “Remarks,” filed November 13, 2023 with
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`respect to the prior art rejections of the claims have been fully considered and are
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`primarily drawn toward the claims as amended but are mootin light of the above. The
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`practice of gravity slumping a heat-softened glass substrate in order to obtain a desired
`
`shape/modify the degree of warpage was commonin the glass manufacturing arts and
`
`would appear to have been an obvious choice for one of ordinary skill to predictably
`
`
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`Application/Control Number: 17/044,854
`Art Unit: 1746
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`Page 5
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`alter the warpage of a pane in acontrolled manner. Thus the instant claims as written
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`are still not considered to be patentably distinguishable over the teachings &
`
`suggestions of the prior art.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`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
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTHshortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`Inno event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to JOHN BLADESwhosetelephone numberis (571)270-
`
`7661. The examiner can normally be reached M-F 9-5 PST.
`
`Examinerinterviews are available via telephone,
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`in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`
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`Application/Control Number: 17/044,854
`Art Unit: 1746
`
`Page 6
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`interview, applicant is encouraged to use the USPTO AutomatedInterview Request
`
`(AIR) at http:/Avwww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Michael Orlando can be reached on (571)270-5038. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Centeris
`
`available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: httos://patentcenter.uspto.gov. Visit https:/Avww.uspto.gov/patents/apply/patent-
`
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`
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`
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`
`If you would like assistance from a USPTO Customer Service
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/JOHN BLADES/
`
`Examiner
`Art Unit 1746
`
`/PHILIP C TUCKER/
`Supervisory Patent Examiner, Art Unit 1745
`
`