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
Response to Arguments
Applicant's arguments filed 2/4/2026 have been fully considered but they are not persuasive.
Applicant’s arguments that R3,R5-R10 are alkyl, that is incorrect.
R3, R5-R10 *can be* H. They can be other moieties also. But when R3, R5-R10 are H, R4 is F, R1 and R2 are Alkyl, that matches the compound recited in the claims.
Therefore, the rejection is maintained.
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over (JP2018508034A)
Regarding Claim 1,
(JP2018508034A) discloses (Also pasted below) wherein,
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in formula (1), X1 and X2 are each independently selected from the group consisting of a substituted or unsubstituted alkyl group, a substituted or unsubstituted aryl group, and a substituted or unsubstituted aralkyl group; and A1- and A2- each independently represent a monovalent anion.
In the reference, you can find what compounds are for these:
R1,R2 = Alkyl
R4 = F
X = Anion so can be PF6-
(“…n one aspect, an electrochromic device comprising a non-dimerized electrochromic compound represented by formula (I) is provided.In Formula I, R 1 and R 2 are each alkyl, siloxyalkyl, hydroxyalkyl, alkenyl, or aralkyl, and R 4 , R 6 , R 8 , and R 10 are H, OR 20 , F, Cl, respectively. , Br, I, CN, NO 2 , alkyl, or aryl, and R 3 , R 5 , R 7 , and R 9 are H, OH, F, Cl, Br, I, CN, NO 2 , alkyl, respectively. Or aryl, R 20 is H or alkyl, and X is an anion. However, formula (I) indicates that R 3 and R 5 , or R 7 and R 9 , or R 3 , R 5 , R 7 , and R 9 are each secondary alkyl, tertiary alkyl, or aryl. Condition.
In one aspect, an electrochromic device comprising a non-dimerized electrochromic compound represented by formula (III) is provided. In formula (III), R 1 and R 2 are each alkyl, siloxyalkyl, hydroxyalkyl, alkenyl, or aralkyl, and R 4 , R 6 , R 8 , R 10 are each H, OR 20 , F, Cl, Br, I, CN, NO 2 , alkyl, or aryl, and R 3 , R 5 , R 7 , and R 9 are each H, OH, F, Cl, Br, I, CN, NO 2 , Alkyl or aryl, R 19 is (CH 2 ) n ′ , or arylene, R 20 is H or alkyl, n ′ is 1 to 12, and X is an anion, wherein R 3 and R 5 , or R 7 and R 9 are each secondary alkyl, tertiary alkyl, or aryl…”)
It would have been obvious to one of ordinary skill in the art that you would pick and choose the compounds for R1,R2,R4, from a given list.
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Regarding Claim 2,
(JP2018508034A) discloses (Also pasted above) wherein, in formula (1), X1 and X2 have an alkyl group having 1 to 8 carbon atoms, an aryl group having 6 to 14 carbon atoms, or an aralkyl group having 7 to 10 carbon atoms. (“… As used herein, an “alkyl” group is from 1 to about 20 carbon atoms, and typically 1 to 12 carbon atoms, or in some embodiments 1 to 8 carbon atoms…”)
Regarding Claim 3,
(JP2018508034A) discloses (Also pasted above) wherein, in formula (1), X1 and X2 have a n-heptyl group, a phenyl group, or a benzyl group. (“… As used herein, an “aryl” or “aromatic” group is a cyclic aromatic hydrocarbon that does not contain heteroatoms. Aryl groups include monocyclic, bicyclic, and polycyclic ring systems. Thus, aryl groups include, but are not limited to, phenyl, azulenyl, heptaenyl, biphenylenyl, indacenyl, fluorenyl, phenanthrenyl, triphenylenyl, pyrenyl, naphthacenyl, chrysenyl, biphenyl…”)
Regarding Claim 4,
(JP2018508034A) discloses (Also pasted above) wherein, in formula (1), X1 and X2 have the same structure.
Regarding Claim 5,
(JP2018508034A) discloses (Also pasted above) wherein, in formula (1), A1- and A2- are each independently selected from the group consisting of PF6-. (“…X is an anion that can be, but is not limited to, halide, borate, fluoroborate, tetraarylborate, hexafluorometal or metalloid, sulfate, sulfonate, sulfonamide, carboxylate, perchlorate, tetrachloroferrate, and the like. Exemplary X groups include, but are not limited to: F − , Cl − , Br − , I − , BF 4 − , PF 6 –…”)
Regarding Claim 6,
(JP2018508034A) discloses (Also pasted above) wherein, in formula (1), A1- and A2- are each independently selected from the group consisting of PF6- and BF4-.(“…X is an anion that can be, but is not limited to, halide, borate, fluoroborate, tetraarylborate, hexafluorometal or metalloid, sulfate, sulfonate, sulfonamide, carboxylate, perchlorate, tetrachloroferrate, and the like. Exemplary X groups include, but are not limited to: F − , Cl − , Br − , I − , BF 4 − , PF 6 –…”)
Regarding Claim 7,
(JP2018508034A) discloses (Also pasted above) wherein, in formula (1), A1- and A2- represent the same anion. (“…In one aspect, an electrochromic device comprising a non-dimerized electrochromic compound represented by formula (I) is provided.In Formula I, R 1 and R 2 are each alkyl, siloxyalkyl, hydroxyalkyl, alkenyl, or aralkyl, and R 4 , R 6 , R 8 , and R 10 are H, OR 20 , F, Cl, respectively. , Br, I, CN, NO 2 , alkyl, or aryl, and R 3 , R 5 , R 7 , and R 9 are H, OH, F, Cl, Br, I, CN, NO 2 , alkyl, respectively. Or aryl, R 20 is H or alkyl, and X is an anion. However, formula (I) indicates that R 3 and R 5 , or R 7 and R 9 , or R 3 , R 5 , R 7 , and R 9 are each secondary alkyl, tertiary alkyl, or aryl. Condition…”)
Regarding Claim 8,
(JP2018508034A) discloses (Also pasted above) wherein, in formula (1), X1 and X2 have an ionic group, an adsorptive group, or an acid ester group (“…X is an anion that can be, but is not limited to, halide, borate, fluoroborate, tetraarylborate, hexafluorometal or metalloid, sulfate, sulfonate, sulfonamide, carboxylate, perchlorate, tetrachloroferrate, and the like. Exemplary X groups include, but are not limited to: F − , Cl − , Br − , I − , BF 4 − , PF 6 − , SbF 6 − , AsF 6 − , ClO 4 − , SO 3 CF 3 − , N (CN) 2 − , N (CF 3 SO 2) 2 -, C (CF 3 SO 2) 3 -, N (SO 2 C 2 F 5) 2 -, - Al (OC (CF 3) 3) 4 or, - BAr 4, wherein, Ar is An aryl or fluorinated aryl group. In one embodiment, X - is - BAr is 4, Ar is pentafluorophenyl group. In some embodiments, X is tetrafluoroborate or a bis (trifluoromethylsulfonyl) imide anion. Where indicated for any compound herein, the plurality of Xs may be a mixture of two or more such anions...”)
Regarding Claim 9,
(JP2018508034A) discloses (Also pasted above) wherein, in formula (1), the ionic group, the adsorptive group, or the acid ester group has a carboxyl group, a sulfonic acid group, a phosphonic acid group, a trialkoxysilyl group, a carboxylic acid ester group, a sulfonic acid ester group, a phosphonic acid ester group, a pyridinium group, or a quinolinium group. (“…X is an anion that can be, but is not limited to, halide, borate, fluoroborate, tetraarylborate, hexafluorometal or metalloid, sulfate, sulfonate, sulfonamide, carboxylate, perchlorate, tetrachloroferrate, and the like. Exemplary X groups include, but are not limited to: F − , Cl − , Br − , I − , BF 4 − , PF 6 − , SbF 6 − , AsF 6 − , ClO 4 − , SO 3 CF 3 − , N (CN) 2 − , N (CF 3 SO 2) 2 -, C (CF 3 SO 2) 3 -, N (SO 2 C 2 F 5) 2 -, - Al (OC (CF 3) 3) 4 or, - BAr 4, wherein, Ar is An aryl or fluorinated aryl group. In one embodiment, X - is - BAr is 4, Ar is pentafluorophenyl group. In some embodiments, X is tetrafluoroborate or a bis (trifluoromethylsulfonyl) imide anion. Where indicated for any compound herein, the plurality of Xs may be a mixture of two or more such anions...”)
Regarding Claim 10,
(JP2018508034A) discloses (Also pasted above) wherein, in formula (1), X1 and X2 have a phosphonic acid group, a carboxylic acid ester group, a phosphonic acid ester group, or a pyridinium group. (“…X is an anion that can be, but is not limited to, halide, borate, fluoroborate, tetraarylborate, hexafluorometal or metalloid, sulfate, sulfonate, sulfonamide, carboxylate, perchlorate, tetrachloroferrate, and the like. Exemplary X groups include, but are not limited to: F − , Cl − , Br − , I − , BF 4 − , PF 6 − , SbF 6 − , AsF 6 − , ClO 4 − , SO 3 CF 3 − , N (CN) 2 − , N (CF 3 SO 2) 2 -, C (CF 3 SO 2) 3 -, N (SO 2 C 2 F 5) 2 -, - Al (OC (CF 3) 3) 4 or, - BAr 4, wherein, Ar is An aryl or fluorinated aryl group. In one embodiment, X - is - BAr is 4, Ar is pentafluorophenyl group. In some embodiments, X is tetrafluoroborate or a bis (trifluoromethylsulfonyl) imide anion. Where indicated for any compound herein, the plurality of Xs may be a mixture of two or more such anions...”)
Claim(s) 11-18,21,22 is/are rejected under 35 U.S.C. 103 as being unpatentable over (JP2018508034A) in view of Yashiro Tohru et al (CN 102666778A)
Regarding Claim 11,
(JP2018508034A) discloses everything as disclosed above.
(JP2018508034A) does not disclose a pair of electrodes; and an electrochromic layer [0024] disposed between the pair of electrodes, wherein the electrochromic layer contains the organic compound according to Claim 1
Yashiro Tohru et al discloses a pair of electrodes; and an electrochromic layer [0024] disposed between the pair of electrodes, wherein the electrochromic layer contains the organic compound according to Claim 1.
It would have been obvious to one of ordinary skill in the art to modify (JP2018508034A) to include the organic compounds in Yashiro Tohru et al’s electrochromic layer motivated by the desire to provide a color display with a sharp light absorption spectrum characteristic [0027].
Regarding Claim 12,
In addition to (JP2018508034A) and Yashiro Tohru et al, Yashiro Tohru et al discloses wherein the electrochromic layer [0129] contains the organic compound and a second organic compound.
Regarding Claim 13,
In addition to (JP2018508034A) and Yashiro Tohru et al, Yashiro Tohru et al discloses wherein the second organic compound is selected from the group consisting of a phenazine-based compound, a metallocene-based compound, a phenylenediamine-based compound, and a pyrazoline-based compound.[0182]
Regarding Claim 14,
In addition to (JP2018508034A) and Yashiro Tohru et al, Yashiro Tohru et al discloses wherein the electrochromic layer further contains an electrolyte.[0077]
Regarding Claim 15,
In addition to (JP2018508034A) and Yashiro Tohru et al, Yashiro Tohru et al discloses wherein the electrochromic layer further contains a thickener.[0225]
Regarding Claim 16,
In addition to (JP2018508034A) and Yashiro Tohru et al, Yashiro Tohru et al discloses wherein the thickener is polymethyl methacrylate, polyethylene oxide, or polypropylene oxide.[0225]
Regarding Claim 17,
In addition to (JP2018508034A) and Yashiro Tohru et al, Yashiro Tohru et al discloses the electrochromic element according to Claim 11; and an active element connected to the electrochromic element [0129].
Regarding Claim 18,
In addition to (JP2018508034A) and Yashiro Tohru et al, Yashiro Tohru et al discloses wherein the active element drives the electrochromic element to adjust an amount of light passing through the electrochromic element [0129].
Regarding Claim 21,
In addition to (JP2018508034A) and Yashiro Tohru et al, Yashiro Tohru et al discloses a pair of substrates; the electrochromic element [0129] according to Claim 11 disposed between the pair of substrates; and an active element connected to the electrochromic element.
Regarding Claim 22,
In addition to (JP2018508034A) and Yashiro Tohru et al, Yashiro Tohru et al discloses An electrochromic mirror comprising: a pair of substrates; the electrochromic element [0129] according to Claim 11 disposed between the pair of substrates (11,12); an active element [0230]connected to the electrochromic element; and a reflective member.
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.
Claim(s) 19,20, is/are rejected under 35 U.S.C. 103 as being unpatentable over (JP2018508034A) and of Yashiro Tohru et al (CN102666778A) in view of Kubo et al (US 20200233277)
Regarding Claim 19,
(JP2018508034A) and Yashiro Tohru et al discloses everything as disclosed above.
(JP2018508034A) and Yashiro Tohru et al does not disclose the optical filter according to Claim 17; and an image pickup optical system having a plurality of lenses.
Kubo et al discloses the optical filter (101) according to Claim 17; and an image pickup optical system having a plurality of lenses.[0121]
It would have been obvious to one of ordinary skill in the art to modify (JP2018508034A) and Yashiro Tohru et al to include Kubo et al’s lenses motivated by the desire to adjust the amount of light that passes through or has passed through the image pickup optical system [0121].
Regarding Claim 20,
In addition to (JP2018508034A) and Yashiro Tohru et al and Kubo et al, Kubo et al discloses and an image pickup element configured to receive light that has passed through the optical filter.[0121]
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/LUCY P CHIEN/Primary Examiner, Art Unit 2871