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 .
Response to Arguments
Applicant’s arguments, see remarks, filed August 20, 2025, with respect to claim rejections under 112 have been fully considered and in combination with the amendments are persuasive. The claim rejections under 112 have been withdrawn.
Applicant's arguments filed August 20, 2025 have been fully considered but they are not persuasive.
Regarding applicant’s argument centered on Inami, Pradhan, Suzuki and Wang failing to disclose or teach the driving power is generated using a combination of voltage driving and current driving, as now required by claims 8 and 15, the examiner is unpersuaded. In electrical arts power is defined as the product of current and potential (i.e. P=IV, as evidenced by Wikipedia webpage “Electrical Power” as of 2021, see “Definition” section). In driving a closed circuit, such as an electrochromic, there is always both current and voltage. In this case, for example, Inami indicates lower power devices are desirable, see at least column 2 lines 5-15, and figure 2A shows the applied voltage and 2B shows the current. Further, Pradhan explicitly teaches driving with “voltage and/or current, see at least paragraphs [0013-14] and in paragraphs [0040 & 0050] explicitly states: “Switching between these states is controlled by applying predefined current and/or voltage to the device” and paragraph [0257] “power source 1516 is configured to apply a potential and/or current to electrochromic stack”.
Regarding applicant’s argument centered on Inami, Pradhan, Suzuki and Wang failing to disclose or teach the absolute values are modulated as a sine or cosine function, as now required by claims 8 and 15, the examiner is unpersuaded. The examiner agrees that Inami does not disclose the absolute values are modulated as a sine or cosine function. However, Pradhan further teaches the power driver may be an AC, see at least paragraphs [0224 & 0238] and explicitly notes:
Those of ordinary skill in the art will also understand that this description is applicable to various types of drive mechanism including fixed voltage (fixed DC), fixed polarity (time varying DC) or a reversing polarity (AC, MF, RF power etc. with a DC bias).
Thus, this would be using well-known elements/methods to yield predictable results. Further, an AC source would generally be understood in the art to be sinusoidal as evidenced by Wikipedia webpage “Electrical Power” as of 2021, see “Alternating current without harmonics” section and Irwin et al. “Introduction to Electrical Engineering” 1995, which on page 127 in discussing AC power notes sinusoidal “is the dominant waveform worldwide”. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) because the claim limitations uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“a signal receiver configured to receive signals sent to the controller” in claim 8
“the power output control is configured to apply the driving power across the first and second transparent electrically conductive films” in in claim 8 and 15;
“absolute values of the first magnitude and the second magnitude are determined based on an expected life span of the electrochromic device and change as a number of switching cycles increases” in in claim 8 and 15; and
“the time t for switching the driving power is determined by: monitoring an optical state of the electrochromic device” in claim 8 and 15.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 8-9, 11, 15-16, 18 and 22 are rejected under 35 U.S.C. 112(a) s failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Regarding claims 8 and 15 “absolute values of the first magnitude and the second magnitude are determined based on an expected life span of the electrochromic device and change as a number of switching cycles increases, and the absolute values are modulated as a sine or cosine function” amounts to prohibited new matter. The specification paragraph [0062] states: “In some embodiments, the absolute values may be modulated as a sine/cosine function.” Paragraph [0061] states “In another embodiment, the absolute value (i.e., magnitude) of the external voltage may be determined based on the user's requirement, such as, the transmission speed, the EC device's durance at the dark/clear state, the expected life span of the EC device, etc.” and paragraph [0062] “In some embodiments, the absolute values may be changed due to the number of switching cycles increases.” No where is there an indication that these two embodiments (i.e. a sinusoidal modulation and determining modulation based on life span) can be combined. Applicant appears to be mixing two embodiments without support in the specification, as originally filed, support for such a mixing is not expressly, implicitly, or inherently supported in the originally filed disclosure, nor has applicant has not pointed out where the amended claim is supported, see MPEP 2163. It has been held that “it must be shown that a person of ordinary skill would have understood, at the time the patent application was filed, that the description requires that limitation” Hyatt v. Boone, 146 F.3d 1348, 1353, 47 USPQ2d 1128, 1131 (Fed. Cir. 1998) and "examiner was explicit that while each element may be individually described in the specification, the deficiency was lack of adequate description of their combination" Hyatt v. Dudas, 492 F.3d 1365, 1371, 83 USPQ2d 1373, 1376-1377 (Fed. Cir. 2007). For purposes of examination the examiner will assume support exists.
Claims 9 and 11 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description, since they depend on claim 8 and therefore have the same deficiencies.
Claims 16, 18 and 22 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description, since they depend on claim 15 and therefore have the same deficiencies.
Claims 8-9, 11, 15-16, 18 and 22 are rejected under 35 U.S.C. 112(a) as failing to comply with the enablement requirement. The claims contain subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claims 8 and 15 “absolute values of the first magnitude and the second magnitude are determined based on an expected life span of the electrochromic device and change as a number of switching cycles increases, and the absolute values are modulated as a sine or cosine function” is not enabled by the specification. Beyond the quotes in paragraphs [0061-62] noted above there is no mention of these two embodiments both required in claims 8 and 15, which specifically requires the combination of a sinusoidal modulation and determining the magnitude to be adjusted based on the expected life of the device (Wands factor A). There are no directions provided by the inventor (Wands factor F) or working examples (Wands factor G). Considering all the evidence, as a whole, the examiner concludes that one of ordinary skill (Wands factor D) in the art would need to engage in undue experimentation to make or use the invention based on the content of the disclosure (Wands factor H), see MPEP 2164.01(a).
Claims 9 and 11 are rejected under 35 U.S.C. 112(a) as failing to comply with the enablement requirement, since they depend on claim 8 and therefore have the same deficiencies.
Claims 16, 18 and 22 are rejected under 35 U.S.C. 112(a) as failing to comply with the enablement requirement, since they depend on claim 15 and therefore have the same deficiencies.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Insofar as they are understood, claims 8-9, 11, 15-16, 18 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Inami et al. US Patent 4,205,903, of record, in view of Pradhan US Patent Application Publication 2015/0070745, of record, and in further view of Suzuki US Patent 6,903,564, of record and Wang et al. US Patent Application Publication 2019/0235341, of record, with evidence of certain facts provided by Wikipedia webpage “Electrical Power” as of 2021 and Irwin et al. “Introduction to Electrical Engineering” page 127, 1995.
Regarding claims 8-9 and 11 Inami discloses a controller for changing an optical state of an electrochromic device (title e.g. figures 2-3), comprising: a signal receiver configured to receive signals sent to the controller (e.g. at least control signal generator 15 receives signals from analog switches 11-14); a power converter (e.g. circuitry including R1-R4) configured to convert an input power from a power source (e.g. DC voltage sources V1 and V2) to a power required by the signal receiver (see figure 3); and a power output control (e.g. control signal generator 15, operational amplifier 16 & switching element 17) configured to receive the converted power from the power converter and provide a driving power to the electrochromic device (e.g. electrochromic display cell 10) to change the optical state of the electrochromic device from an initial optical state to a desired optical state (e.g. clear/display/write state or absorption/erase state), wherein the driving power is generated using a combination of voltage driving and current driving (axiomatic e.g. column 2 lines 64-66 “FIGS. 2(A) and 2(B) are potential and current waveforms employed for a driving technique of the present invention;” see figures 2A-2B), wherein the driving power comprises a first magnitude (e.g. V1’ or V2’) and a second magnitude (e.g. V1 or V2), and the first magnitude is larger than the second magnitude (inter alia column 3 lines 40-46 & 50-55 “the display state of the display electrodes is desired to change from the first absorption state to the second absorption, the display electrodes are held at a potential E2’ more positive than the above stated E2” & “when the display electrodes are to change from the second absorption state to the first absorption state, they are held at a potential E1’ more negative than the E1” see figure 2), and, to provide a driving power, the power output control is further configured to: apply the driving power with the first magnitude to the electrochromic device for a first period of time t (inter alia column 3 lines 40-46 & 50-55 “for a predetermined period of time (t2)” & “for a predetermined period of time (t1)” e.g. t1 or t2); during which the electrochromic device changes from the initial optical state to an intermediate state before achieving the desired optical state; and at time t, switch the driving power to the second magnitude (inter alia column 3 lines 40-55 e.g. see figure 2) and applying the driving power with the second magnitude to the electrochromic device for a second period of time t2, wherein: the first period of time t is shorter than the second period of time t2 (see figure 2); until the electrochromic device changes to the desired optical state (implicit), absolute values of the first magnitude and the second magnitude are determined based on an expected life span of the electrochromic device (column 2 lines 26-40 discusses the lifespan of the device is shortened by overdriving, thus introducing a determination of driving potential includes consideration of lifetime), and the time t for switching the driving power is determined by; monitoring an optical state of the electrochromic device (implicit that a user would monitor the transmission in order to determine the desire transmittance to determine t1 and t2).
Inami does not disclose wherein the electrochromic device comprises: a first transparent electrically conductive film; a second transparent electrically conductive film; a layer of electrochromic material disposed on an interior surface of the first transparent electrically conductive film; a charge storage layer disposed on an interior surface of the second transparent electrically conductive film; and a solid polymer electrolyte layer positioned between the layer of electrochromic material and the charge storage layer, the solid polymer electrolyte layer comprising a polymer framework, at least one electrolyte salt, and at least one solid plasticizer, wherein the power output control is configured to apply the driving power across the first and second transparent electrically conductive films to drive redox reactions in the layer of electrochromic material via ion transport through the solid polymer electrolyte the switching from the driving power from the first magnitude to the second magnitude occurs at 50%(Tmax-Tmin), and absolute values of the first magnitude and the second magnitude change as a number of switching cycles increases, and the absolute values are modulated as a sine or cosine function; as required by claim 1; and the period of time t is a time when a transmission of the electrochromic device equals Tmin + 50% (Tmax - Tmin), as required by claim 9; or alternatively the period of time t is a time when a transmission of the electrochromic device equals Tmax - 50%(Tmax - Tmin), as required by claim 11.
Pradhan teaches a similar device (inter alia abstract & paragraph [0007]) including switching the driving power using a combination of voltage driving and current driving (axiomatic, further inter alia paragraph [0040] “[s]witching between these states is controlled by applying predefined current and/or voltage to the device”) from a first magnitude (e.g. figure 3A V2) to a second magnitude (e.g. V3) at a particular time (paragraph [0066] “transition to this third stage may be triggered by, e.g., reaching a defined time from the initiation of the switching operation”); and further teaches wherein the electrochromic device (e.g. figures 14-17 electrochromic device x001) comprises: a first transparent electrically conductive film (e.g. first conductive layer/CL x04); a second transparent electrically conductive film (e.g. second conductive layer/CL 1414); a layer of electrochromic material (e.g. cathodically coloring electrochromic layer/EC 1406) disposed on an interior surface of the first transparent electrically conductive film (see figures 14-17); a charge storage layer (e.g. anodically coloring counter electrode layer/CE 1410) disposed on an interior surface of the second transparent electrically conductive film (see figures 14-17); and a solid electrolyte layer (e.g. ion conducting layer/IC 1408 & paragraph [0253] discloses said ion conducting layer is solid) positioned between the layer of electrochromic material and the charge storage layer (see figures 14-17), wherein the power output control is configured to apply the driving power across the first and second transparent electrically conductive films (see figures 14-17) to drive redox reactions in the layer of electrochromic material via ion transport through the solid electrolyte (axiomatic, further see figures 15-17 showing an ion being transported through x08), for the purpose of having the conductive layers spread an electric potential provided by voltage source over surfaces of the electrochromic stack to interior regions of the stack, with relatively little ohmic potential drop (paragraph [0247]) to transition the transition among states of the electrochromic stack, for example, a clear state to a tinted state (paragraph [0240]); said switching may occur at an intermediate state before achieving the desired optical state (inter alia paragraph [0141] when “the optical transition is in fact nearly complete”) for the purpose of switching to the hold voltage, i.e. lower/second magnitude voltage, when transition occurs when sufficiently far along that a transition from drive voltage to hold voltage is appropriate (paragraph [0125]), and the absolute values are modulated as a sine or cosine function (inter alia paragraphs [0224 & 0238] noting that the power can be AC, generally understood in the art to be sinusoidal as evidenced by Wikipedia and Irwin) since various types of drive mechanism are known and understood to those of ordinary skill in the art (paragraph [0238]) and would be using known elements/methods to yield predictable results, KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007), see MPEP 2143. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the transition from the driving power from the first magnitude to the second magnitude in the method as disclosed by Inami to have an electrochromic device comprising, in order, a conductive film/EC layer/solid electrolyte layer/CE layer/conductive film said switching may occur at an intermediate state before achieving the desired optical state as and the absolute values are modulated as a sine or cosine function taught by Pradhan for the purpose of having the conductive layers spread an electric potential provided by voltage source over surfaces of the electrochromic stack to interior regions of the stack, with relatively little ohmic potential drop to transition the transition among states of the electrochromic stack, for example, a clear state to a tinted state and switching to the hold voltage, i.e. lower/second magnitude voltage, when transition occurs when sufficiently far along that a transition from drive voltage to hold voltage is appropriate and since sinusoidal drive mechanism are known and understood to those of ordinary skill in the art and would be using known elements/methods to yield predictable results.
Prahan does not teach the solid electrolyte layer is a polymer comprising a polymer framework, at least one electrolyte salt, and at least one solid plasticizer, absolute values of the first magnitude and the second magnitude change as a number of switching cycles increases; said switching occurring at 50%(Tmax-Tmin); and the period of time t is a time when a transmission of the electrochromic device equals Tmin + 50% (Tmax - Tmin), as required by claim 2; or alternatively the period of time t is a time when a transmission of the electrochromic device equals Tmax - 50%(Tmax - Tmin), as required by claim 4.
Regarding said switching occurring at 50%(Tmax-Tmin), as required by cl;aim 1; the period of time t is a time when a transmission of the electrochromic device equals Tmin + 50% (Tmax - Tmin), as required by claim 2; or alternatively the period of time t is a time when a transmission of the electrochromic device equals Tmax - 50%(Tmax - Tmin), as required by claim 4 – it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955), see MPEP 2144.05. In this case the combination of Inami as modified by Pradhan has a method and device for providing first magnitude for time t and then switching to a lower second magnitude at a time t before achieving a desired optical state, as set forth above, fulfilling the general conditions of the claim. One would be motivated to choose t, based on the materials used and electrical requirements thereof, for the purpose of achieving a desired speed of change and the desired optical effects (i.e. desired Tmax/Tmin). Further, it would have been an obvious matter of design choice to use any of these resulting times t since applicant has not disclosed that any of these times t solves any stated problem or is for any particular purpose. Therefore, It would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention for the time t to be determined by the period of time t is a time when a transmission of the electrochromic device equals Tmin + 50% (Tmax - Tmin), or Tmax - 50%(Tmax - Tmin) to achieve a desired speed of change and the desired optical effects based on the materials used and electrical requirements, and since discovering the optimum or workable ranges involves only routine skill in the art.
Regarding absolute values of the first magnitude and the second magnitude change as a number of switching cycles increases – applicant’s issue is a need to maintain the transmission characteristics across the device’s degradation as the number of switching cycles increases, see instant application paragraphs [0055 & 0062].
Suzuki addresses applicant’s issues of an electronic device having a degradation of performance as the device ages (inter alia abstract) by changing the drive voltage (inter alia column 1 lines 24-31 & column 6 lines 36-49) for the purpose of satisfying the required performance (inter alia column 1 lines 24-31 & column 6 lines 36-49). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the method as disclosed by Inami as modified by Prahan to have absolute values of the first magnitude and the second magnitude change as a number of switching cycles increases as taught by Suzuki for the purpose of satisfying the required performance, addressing applicant’s issue.
Regarding the solid electrolyte layer be a polymer comprising a polymer framework, at least one electrolyte salt, and at least one solid plasticizer – Wang teaches a similar electrochromic device (abstract e.g. figure 11 smart window 1300), including two transparent substrates (abstract e.g. glass 1301); an electrochromic element therebetween (abstract e.g. electrochromic film 1303), a controller configured to provide a driving power to the electrochromic device (abstract e.g. controller 1304), where the electrochromic device includes, in order (see figure 2): a first conducting film (e.g. 1312), an electrochromic material layer (e.g. 1314) a solid elyctrolyte film (e.g. 1322) a charge storage layer (e.g. 1318) ands a second conductive film (e.g. 1310); and further teaches the solid polymer electrolyte (e.g. 1322) is a solid polymer electrolyte (paragraph [0042] “1322 comprises a solid polymer electrolyte”) and comprising a polymer framework, at least one electrolyte salt, and at least one solid plasticizer (paragraph [0042] “the solid polymer electrolyte comprises a polymer framework, at least one solid plasticizer, and at least one electrolyte salt”), for the purpose of having a electrolyte with (i) has sufficient mechanical strength yet is versatile in shape so as to allow easy formation into thin films, and thin-film shaped products; (ii) avoids issues related to adhesion and print processing affecting conventional electrolytes; (iii) provides stable contact between the electrolyte/electrode interfaces (those with and without the electrochromic material coating thereon); (iv) avoids the problem of leakage commonly associated with liquid electrolytes; (v) has desirable non-toxic and non-flammable properties; (vi) avoids problems associated with evaporation due to its lack of vapor pressure; (vii) exhibits improved ion conductivities as compared to convention polymer electrolytes (paragraph [0053]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the electrochromic device as disclosed by Inami as modified by Pradhan and Suzuki to have the solid electrolyte layer be a polymer comprising a polymer framework, at least one electrolyte salt, and at least one solid plasticizer as taught by Wang for the purpose of having a electrolyte with (i) has sufficient mechanical strength yet is versatile in shape so as to allow easy formation into thin films, and thin-film shaped products; (ii) avoids issues related to adhesion and print processing affecting conventional electrolytes; (iii) provides stable contact between the electrolyte/electrode interfaces (those with and without the electrochromic material coating thereon); (iv) avoids the problem of leakage commonly associated with liquid electrolytes; (v) has desirable non-toxic and non-flammable properties; (vi) avoids problems associated with evaporation due to its lack of vapor pressure; (vii) exhibits improved ion conductivities as compared to convention polymer electrolytes.
Regarding claims 15-16, 18 and 22 Inami further discloses an electrochromic device (title see figures 1), comprising: two transparent substrates (e.g. substates 1 & 8); an electrochromic element (e.g. see figure 1) disposed between the substates, the electrochromic element including an electrochromic material layer (e.g. electrochromic material 4); and a controller of claim 8-9 and 11 (as set forth above).
Inami, Pradhan and Suzuki do not disclose or teach the electrochromic including electrochromic material is a film disposed between two adhesive layers disposed on inner surfaces of the two transparent substrates; and that the electrochromic film including a solid polymer electrolyte, and a charge storage layer, as required by claim 15; and wherein the solid polymer electrolyte comprises polar polymer material in a range from 15 wt. % to about 80 wt. %, and at least one electrolyte salt in a range from about 10 wt. % to about 50 wt. %, as required by claim 22.
Wang further teaches the electrochromic (e.g. 1303) including electrochromic material (abstract e.g. figure 2 electrochromic material 1314) is a film (abstract e.g. electrochromic film 1303) disposed between two adhesive layers (abstract e.g. adhesive layers 1302) disposed on inner surfaces of the two transparent substrates (abstract see figure 11) for the purpose of securing the film and substrates together; and that the electrochromic film including a solid polymer electrolyte (e.g. figure 2 electrolyte layer 1322 paragraph [0042] “1322 comprises a solid polymer electrolyte”) wherein the solid polymer electrolyte comprises polar polymer material (paragraph [0042] “the solid polymer electrolyte comprises a polymer framework … the polymer framework may include a polar polymer material”) in a range from 15 wt. % to about 80 wt. % (paragraph [0042] “polar polymer material may be present in an amount ranging from about 15 wt. % to about 80 wt. %”), and at least one electrolyte salt (paragraph [0050] “solid polymer electrolyte may include at least one electrolyte salt”) in a range from about 10 wt. % to about 50 wt. % (paragraph [0050] “electrolyte salt may be in a range from about 10 wt. % to about 50 wt. %”) for the purpose of enhancing mechanical properties and a charge storage layer (abstract e.g. figure 2 charge storage layer 1318) for the purpose of enhancing the redox reaction. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the electrochromic device as disclosed by Inami as modified by Pradhan and Suzuki to have the electrochromic including electrochromic material is a film disposed between two adhesive layers disposed on inner surfaces of the two transparent substrates; and that the electrochromic film including a solid polymer electrolyte, and a charge storage layer and wherein the solid polymer electrolyte comprises polar polymer material in a range from 15 wt. % to about 80 wt. %, and at least one electrolyte salt in a range from about 10 wt. % to about 50 wt. % as taught by Wang for the purpose of securing the film and substrates together, enhancing mechanical properties and enhancing the redox reaction.
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 George G King whose telephone number is (303)297-4273. The examiner can normally be reached 9-5.
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/George G. King/Primary Examiner, Art Unit 2872 September 29, 2025
1 The first two digits in the number indicates the figure number, i.e. 1400 is the electrochromic device in figure 14, 1500 is the electrochromic device in figure 15, etc. For brevity the first two digits are replaced by an x to cover all figures referenced.