DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This Office Action is responsive to the amendment filed on 01/08/2025.
3. Claims 13-14,16-23 are pending. Claims 13,16-23 are under examination on the merits. Claim 13 is amended. Claims 1-12, 15 are previously canceled. Claim 14 is withdrawn to a non-elected invention from further consideration.
4. The objections and rejections not addressed below are deemed withdrawn.
5. Applicant's arguments filed 01/08/2025 have been fully considered but they are not persuasive, thus claims 13,16-23 stand rejected as set forth in Office action dated 10/08/2025 and further discussed in the Response to Arguments below.
Claim Rejections - 35 USC § 103
6. 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.
7. Claims 13, 16-18, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Hong et al. (KR 10-2017-0121670, machine translation, IDS 02/19/2020, hereinafter “’670”) in view of Yoshioka et al. (US Pub. No. 2017/0117100 A1, hereinafter, “’100”).
Regarding claim 13: ’670 teaches a photoresponsive self-powered electrochromic device (Page 1/25, Abstract, lines 1-3) comprising cathodic electrochromic material such as Nb2O5 (Page 15/25, [0050]) adsorbing a ligand material such as salicylic acid, a salicylic acid derivative (Page 3/25, Claim 2; Page 18/25, Embodiment 1) as the ligand-metal oxide layer, wherein the metal oxide is a nanoparticles with average particle diameter of 10-500 nm (Page 6/26, Claim 13), and a semiconductor material which is an n-type semiconductor material, titanium dioxide (TiO2), zinc oxide (ZnO), niobium oxide (Nb2O5), tin oxide (SnO2) (Page 15/25, [0050]) is processed by heat treatment or pressing to form electrically conductive paths (Page 18/25, Embodiment 1; Page 21/25, Testing Example 1), thereby yielding a photochromic composite, which undergoes discoloration through photo sensitization in an electrolyte (Page 8/25, [001]; Page 8/25, [0004]). ’670 teaches the ligand material includes hydroxyl groups (Page 4/24, Claim 3; Page 10/25, [0017]) that bond with surface hydroxyl of the semiconductor material (Page 6/25, Claim 13) to form a stable adsorbed state (i.e., read on polycondensation reaction) that provides electron migration paths under light irradiation (Page 4/24, Claim 3; Page 10/25, [0017]), and wherein the electron transport material in the cathodic electrochromic mixture accelerates bleaching of the device after coloration under sunlight (Page 10/25, [0013]). ’670 does not expressly teach a cathodic electrochromic mixture of cathodic electrochromic material adsorbing a ligand material and either a semiconductor material, an electron transport material, or both, wherein the cathodic electrochromic material has an average particle diameter of 10 to 50 nm and the semiconductor material has a particle size of 10 to 50 nm.
However, ‘100 teaches the photoelectric conversion element comprising at least a portion of the semiconductor fine particles forming the photoconductor layer carries a metal complex dye as a sensitizing dye (Page 6, [0095]; the metal complex dye is deposited on the surface of the semiconductor fine particles), wherein the particle diameter of the semiconductor fine particles is expressed in terms of an average particle size using a diameter when a projected area is converted into a circle, and is preferably 0.001 to 1 µm as primary particles, and 0.01 to 100 µm (i.e., overlapping range) as an average particle size of dispersions (Page 73, [0351]) Examples of the method for coating the semiconductor fine particles on the electrically conductive supports include a wet method, a dry method (Page 73, [0351]), and other methods (i.e., heat treatment; Page 73, [0356]) with benefit of providing a photoelectric conversion element and a dye-sensitized solar cell, each of which is less affected by the film thickness of a semiconductor layer, exhibits excellent photoelectric conversion efficiency, particularly even when the film thickness is small, and has high durability (Page 1, [0015]).
In an analogous art of the electrochromic device, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the cathodic electrochemical material by ‘670, so as to include
a cathodic electrochromic mixture, wherein the cathodic electrochromic material has an average particle diameter of 10 to 50 nm and the semiconductor material has a particle size of 10 to 50 nm as taught by ‘100, and would have been motivated to do so with reasonable expectation that this would result in providing a photoelectric conversion element and a dye-sensitized solar cell, each of which is less affected by the film thickness of a semiconductor layer, exhibits excellent photoelectric conversion efficiency, particularly even when the film thickness is small, and has high durability as suggested ‘100 (Page 1, [0015]).
Regarding claim 16: ’670 teaches the photoresponsive self-powered electrochromic device (Page 1/25, Abstract, lines 1-3), wherein the ligand material is salicylic acid, a salicylic acid derivative (Page 3/25, Claim 2; Page 18/25, Embodiment 1).
Regarding claim 17: ’670 teaches the photoresponsive self-powered electrochromic device (Page 1/25, Abstract, lines 1-3), wherein the cathodic electrochromic material is Nb2O5, WO3, MoO3, V2O5, and TiO2 (Page 6/25, Claim 13; Page 15/25, [0050]).
Regarding claim 18: ’670 teaches the photoresponsive self-powered electrochromic device (Page 1/25, Abstract, lines 1-3), wherein the semiconductor material is an n-type semiconductor material, titanium dioxide (TiO2), zinc oxide (ZnO), niobium oxide (Nb2O5), tin oxide (SnO2) (Page 15/25, [0050]).
Regarding claim 22: ’670 discloses the photoresponsive self-powered electrochromic device (Page 1/25, Abstract, lines 1-3), wherein the cathodic electrochromic composite has a plurality of pores formed three-dimensionally (Pages 18-19/25, Embodiment 1).
8. Claims 19-21, 23 are rejected under 35 U.S.C. 103 as being unpatentable over Hong et al. (KR 10-2017-0121670, machine translation, IDS 02/19/2020, hereinafter “’670”) in view of Yoshioka et al. (US Pub. No. 2017/0117100 A1, hereinafter, “’100”) as applied to claim 13 above, and further in view of Kwang Soon et al. (KR 10-0581966 B1, machine translation, IDS 02/19/2020, hereinafter “’966).
Regarding claim 19: The disclosure of ‘670 in view of ‘100 is adequately set forth in paragraph 7 above and is incorporated herein by reference. ‘670 in view of ‘100 does not expressly teach the photo- responsive self-powered electrochromic device, wherein the electron transport material comprises a transition metal or carbon-based electron transport medium.
However, ‘966 teaches a solar cell-powered electrochromic device (Page 2/17, Claim 1) comprising: an electrochromic layer containing an oxide of Nb, and a catalyst layer containing platinum, graphite, or carbon nanotubes (Page 11/17, [0043]). The electrochromic device
being characterized in that the electrochromic layer is colored during a reduction reaction and decolored during an oxidation reaction, and the catalyst layer promotes the redox reaction of the solar cell (Page 5/17, [0011]).
In an analogous art of the electrochromic device, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the cathodic electrochemical material by ‘670, so as to include the electron transport material comprises a transition metal or carbon-based electron transport medium as taught by ‘966, and would have been motivated to do so with reasonable expectation that this would result in providing to achieve a greater electrochromic effect as suggested ‘966 (Page 5/17, [0011]).
Regarding claim 20: The disclosure of ‘670 in view of ‘100 is adequately set forth in paragraph 9 above and is incorporated herein by reference. ‘670 in view of ‘100 does not expressly teach the photo-responsive self-powered electrochromic device, wherein the transition metal comprises platinum or titanium.
However, ‘966 teaches a solar cell-powered electrochromic device (Page 2/17, Claim 1) comprising: an electrochromic layer containing an oxide of Nb, and a catalyst layer containing platinum, graphite, or carbon nanotubes (Page 11/17, [0043]). The electrochromic device
being characterized in that the electrochromic layer is colored during a reduction reaction and decolored during an oxidation reaction, and the catalyst layer promotes the redox reaction of the solar cell (Page 5/17, [0011]).
In an analogous art of the electrochromic device, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the cathodic electrochemical material by ‘670, so as to include the transition metal comprises platinum or titanium as taught by ‘966, and would have been motivated to do so with reasonable expectation that this would result in providing to achieve a greater electrochromic effect as suggested ‘966 (Page 5/17, [0011]).
Regarding claim 21: The disclosure of ‘670 in view of ‘100 is adequately set forth in paragraph 09 above and is incorporated herein by reference. ‘670 in view of ‘100 does not expressly teach the photo- responsive self-powered electrochromic device, wherein the carbon-based electron transport medium is a carbon nanotube aggregate, graphite, graphene or fullerene.
However, ‘966 teaches a solar cell-powered electrochromic device (Page 2/17, Claim 1) comprising: an electrochromic layer containing an oxide of Nb, and a catalyst layer containing platinum, graphite, or carbon nanotubes (Page 11/17, [0043]). The electrochromic device
being characterized in that the electrochromic layer is colored during a reduction reaction and decolored during an oxidation reaction, and the catalyst layer promotes the redox reaction of the solar cell (Page 5/17, [0011]).
In an analogous art of the electrochromic device, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the cathodic electrochemical material by ‘670, so as to include
the carbon-based electron transport medium is a carbon nanotube aggregate, graphite, graphene or fullerene as taught by ‘966, and would have been motivated to do so with reasonable expectation that this would result in providing to achieve a greater electrochromic effect as suggested ‘966 (Page 5/17, [0011]).
Regarding claim 23: The disclosure of ‘670 in view of ‘100 is adequately set forth in paragraph 09 above and is incorporated herein by reference. ’670 in view of ‘100 does not expressly teach the ratio of the space taken by the plurality of pores to the volume of the cathodic electrochromic composite is from 3:7 to 7:3.
However, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since the feature of forming microholes penetrating the first transparent substrate and an electrochromic layer, and injecting an electrolyte solution as disclosed in ‘670 based on its suitability for its intended use is within the level ordinary skill in the art (Pages 18-19/25, Embodiment 1).
9. Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Hong et al. (KR 10-2017-0121670, machine translation, IDS 02/19/2020, hereinafter “’670”) in view of Yoshioka et al. (US Pub. No. 2017/0117100 A1, hereinafter, “’100”) as applied to claim 13 above, and further in view of Lee et al. (KR 10-20170039976 A, machine translation, hereinafter “’976”).
Regarding claims 22-23: The disclosure of ‘670 in view of ‘100 is adequately set forth in paragraph 7 above and is incorporated herein by reference. ’670 teaches the photoresponsive self-powered electrochromic device fabricated device (Page 1/25, Abstract, lines 1-3), wherein the cathodic electrochromic composite has a plurality of pores formed three-dimensionally (Pages 18-19/25, Embodiment 1). ’670 does not expressly teach the ratio of the space taken by the plurality of pores to the volume of the cathodic electrochromic composite is from 3:7 to 7:3. However, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since the feature of forming microholes penetrating the first transparent substrate and an electrochromic layer, and injecting an electrolyte solution as disclosed in ‘670 based on its suitability for its intended use is within the level ordinary skill in the art (Pages 18-19/25, Embodiment 1). This rejection is applied in the interest of advancing prosecution in the event it can be shown that ‘670 in view of ‘100 does not teach the ratio of the space taken by the plurality of pores to the volume of the cathodic electrochromic composite is from 3:7 to 7:3.
However, ‘976 teaches the cathode and the secondary battery (Page 2/7, Abstract), wherein the cathode in which it includes the porosity of 50 through 90 %" and the first graphite particle having the average diameter of the average pore diameter of 0.5 µm to 2 µm and 15 µm to 20 µm and the second graphite particle having the average diameter of 8 µm to 15 µm , and the weight ratio of the second graphite particle and the first graphite particle is 2:8 to 3:7 (Page 6/7, Claim 1) with benefit of providing an electrolyte solution including lithium ions easily moves in the negative electrode, thereby diffusing the lithium ions through the pores. Accordingly, excellent fast charging characteristics are exhibited even in a high-loading negative electrode (Page 1/7, Abstract).
In an analogous art of the electrochromic device, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the cathodic electrochemical device by ‘670, so as to include the cathodic electrochromic composite has a plurality of pores formed three-dimensionally, and the ratio of the space taken by the plurality of pores to the volume of the cathodic electrochromic composite is from 3:7 to 7:3 as taught by ‘976, and would have been motivated to do so with reasonable expectation that this would result in providing an electrolyte solution including lithium ions easily moves in the negative electrode, thereby diffusing the lithium ions through the pores. Accordingly, excellent fast charging characteristics are exhibited even in a high-loading negative electrode as suggested by ‘976 (Page 1/7, Abstract).
Response to Arguments
10. Applicant's arguments filed 01/08/2025 have been fully considered but they are not persuasive,
In response to the Applicant’s argument that neither ’670 nor ’100 fails to teach the electron transport material in the cathodic electrochromic mixture accelerates bleaching of the device after coloration under sunlight, and wherein the ligand material includes hydroxyl groups that bond with surface hydroxyl of the semiconductor material by polycondensation reaction
to form a stable adsorbed state that provides electron migration paths under light irradiation.
The examiner respectfully disagrees. ’670 teaches the ligand material includes hydroxyl groups (Page 4/24, Claim 3; Page 10/25, [0017]) that bond with surface hydroxyl of the semiconductor material (Page 6/25, Claim 13) to form a stable adsorbed state (i.e., read on polycondensation reaction) that provides electron migration paths under light irradiation (Page 4/24, Claim 3; Page 10/25, [0017]), and wherein the electron transport material in the cathodic electrochromic mixture accelerates bleaching of the device after coloration under sunlight (Page 10/25, [0013]).
"Where ... the claimed and prior art products are identical or substantially identical ... the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product." In re Best, 562 F.2d 1252, 1255 (CCPA 1977) (citations and footnote omitted). The mere recitation of a property or characteristic not disclosed by the prior art does not necessarily confer patentability to a composition or a method of using that composition. See In re Skoner, 51 7 F .2d 94 7, 950 (CCPA 1975). Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
11. 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 extension fee 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 date of this final action.
Examiner Information
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is (571)270-3449. The examiner can normally be reached on Mon-Fri 9.00 A.M. -7 P.M..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is 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 may be 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 system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Bijan Ahvazi/
Primary Examiner, Art Unit 1763
01/26/2026
bijan.ahvazi@uspto.gov