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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 9, 2026 has been entered.
Examiner’s Comments
As previously noted, in regards to the term “functional” – particularly in the element “functional layer” in claim 11 – functional is a nonce word. Broadly read all films in a structure perform some function. Thus, the term functional is not given any patentable weight but interpreted as a distinguishing term to identify that is a different/additional layer, e.g. different from a metal ion layer. This interpretation is reasonable and well within the grasp of the ordinarily skilled and consistent the broadest reasonable interpretation as is required be the MPEP §2111.
Response to Arguments
Applicant’s arguments with respect to prior art rejections based on Han have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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.
Claims 1-2, 5 and 9 are rejected under 35 U.S.C. 102(a)(1 & 2) as being anticipated by Kimura et al. “Bistable silver electrodeposition-based EC device with a Prussian blue counter electrode to maintain the mirror state without power supply” Solar Energy Materials & Solar Cells 205 (2020) 110247.
Regarding claim 1 Kimura discloses an electrochromic device having adjustable reflectivity (title e.g. see figure 1), comprising a first transparent substrate layer (section 2.2 “ITO electrode” implicit that ITO of the ITO electrode is an ITO layer on a substrate), an electrochromic stack (counter electrode & Prussian blue/PB layer), a metal ion stack (ITO layer on working electrode & gel electrolyte layer) and a second substrate layer (section 2.3 “flat ITO electrode” implicit that ITO of the working electrode is an ITO layer on a substrate) stacked in sequence (see figure 1); the electrochromic stack comprises a first transparent conductive layer (section 2.2 “ITO electrode”) and a first electrochromic functional layer stacked (section 3.1 “section 2.2 “ITO electrode””); the metal ion stack comprises a second transparent conductive layer (section 2.3 “flat ITO electrode”), and a metal ion layer (gel electrolyte layer); the first electrochromic functional layer is adjacent to the metal ion layer (see figure 1); wherein a material of the first electrochromic functional layer is selected from an organic material or a metal conjugated system (e.g. Prussian blue); wherein the metal ion layer is a metal ion-containing gel electrolyte layer (see figure 1); and wherein the first electrochromic functional layer is used to change a transmittance state according to voltage (see figure 1), the metal ion layer is used to change a reflectivity state according to voltage (see figure 1).
Regarding claim 2 Kimura discloses the electrochromic device according to claim 1, as set forth above. Kimura further discloses wherein the first electrochromic functional layer is an anodic electrochromic material layer (e.g. PB layer).
Regarding claim 5 Kimura discloses the electrochromic device according to claim 1, as set forth above. Kimura further discloses wherein a metal ion in the metal ion layer comprises a silver ion (see figure 1).
Regarding claim 9 Kimura discloses the electrochromic device according to claim 1, as set forth above. Kimura further discloses wherein the first transparent conductive layer is independently formed from one or at least two of indium tin oxide, zinc aluminum oxide, fluorine doped tin oxide, silver nanowires, graphene, carbon nanotubes, metal mesh and silver nanoparticles (“ITO”).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kimura et al. “Bistable silver electrodeposition-based EC device with a Prussian blue counter electrode to maintain the mirror state without power supply” Solar Energy Materials & Solar Cells 205 (2020) 110247 in view of Han et al. “Bistable mirror/transparent reversibly electrodeposited devices with TiO2 as the mediator” Solar Energy Materials & Solar Cells 206 (2020) 110343, of record.
Regarding claim 7 Kimura discloses the electrochromic device according to claim 1, as set forth above. Kimura does not disclose wherein a metal layer is further provided between the metal ion layer and the second transparent conductive layer, and a metal element of the metal layer comprises one or a combination of at least two of silver, bismuth, copper and zinc.
Han teaches a similar electrochromic device having adjustable reflectivity (title e.g. figure 1) including in order a first transparent substrate layer (e.g. bottom glass layer), an electrochromic stack (e.g. FTO & TiO2 layers), a metal ion stack (e.g. RED electrolyte & ITO layers), a first transparent conductive layer (e.g. FTO layer) and a first electrochromic functional layer (e.g. TiO2 layer), a metal ion layer (e.g. RED electrolyte layer) and a second transparent conductive layer (e.g. ITO layer); and further teaches wherein a metal layer (e.g. see figure 1(b) Ag pre-deposited) is further provided between the metal ion layer (e.g. RED electrolyte layer) and the second transparent conductive layer (e.g. ITO layer), and a metal element of the metal layer comprises one or a combination of at least two of silver, bismuth, copper and zinc (e.g. Ag) for the purpose of enhancing the bistability and improving reflectance (page 6 last sentence). 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 Kimura to have a metal layer is further provided between the metal ion layer and the second transparent conductive layer, and a metal element of the metal layer comprises one or a combination of at least two of silver, bismuth, copper and zinc as taught by Han for the purpose of enhancing the bistability and improving reflectance.
Claims 11 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kimura et al. “Bistable silver electrodeposition-based EC device with a Prussian blue counter electrode to maintain the mirror state without power supply” Solar Energy Materials & Solar Cells 205 (2020) 110247 in view of Veerasamy US Patent Application Publication 2011/0051211, of record.
Regarding claims 11 and 17-18 Kimura discloses the electrochromic device according to claim 1, as set forth above. Kimura further discloses the intended application is in light controlling architectural windows (inter alia abstract, Introduction 1st paragraph).
Kimura does not disclose wherein a functional layer is further arranged on one side or two sides of the first transparent substrate layer, and/or one side or two sides of the second substrate layer, as recited in claim 11; or wherein a substrate support layers are further arranged on the outer side of the first transparent substrate layer and the outer side of the second substrate layer, as recited in claim 17; or wherein the substrate support layer is connected to the first transparent substrate layer and/or the second substrate layer by a bonding layer, as recited in claim 18.
Veerasamy teaches a similar electrochromic device (see figures 1 & 6 e.g. stacks 100 & 400) including transparent substrates (e.g. glass 112 & 114 or 402) each with a transparent conductive layer (e.g. 106 & 110) an ion conducting/electrolyte layer (e.g. 108) and an electrochromic layer (e.g. e.g. 104 or 102) which is also intended to be used in a light controlling architectural window (e.g. see figure 1(b) with an insulating glass unit Including 100); and further teaches a functional layer (e.g. first glass substrate 112, outer glass 602, or laminate 610) further arranged on one side or two sides of the first transparent substrate layer, and/or one side or two sides of the second substrate layer (see figures 1 & 6); or alternatively a substrate support layer is further arranged on the outer side of the first transparent substrate layer and/or the outer side of the second substrate layer (e.g. 402 on 602); and wherein the substrate support layer (e.g. 602) is connected to the first transparent substrate layer (e.g. 402) and/or the second substrate layer by a bonding layer (e.g. 610) for the purpose of achieving the intended use in light controlling architectural window as disclosed by Kimura with a simplified fabrication process that reduces the likelihood of defects and improving yield and appearance (inter alia paragraph [0019]). 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 Kimura to have a functional layer is further arranged on one side or two sides of the first transparent substrate layer, and/or one side or two sides of the second substrate layer; or wherein substrate support layers are further arranged on the outer side of the first transparent substrate layer and/or the outer side of the second substrate layer, wherein at least one of the substrate support layer is connected to the first transparent substrate layer and/or the second substrate layer by a bonding layer as taught by Veerasamy for the purpose of achieving the intended use in light controlling architectural window as disclosed by Kimura with a simplified fabrication process that reduces the likelihood of defects and improving yield and appearance.
Conclusion
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.
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 http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at (571) 272-2333. 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 Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/George G. King/Primary Examiner, Art Unit 2872 June 13, 2026
Prosecution Insights