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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 4/24/2023. An initialed copy is attached to this Office Action.
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 following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Granquist, Claes Goeran (WO 2012/138281), hereinafter Goeran.
Regarding claim 1, Goeran discloses an arbitrarily tailorable electrochromic device (1, electrochromic device) (paragraph 15), comprising in order of a first transparent flexible substrate (22, first substrate) (paragraph 15 and paragraph 18 discloses the substrate is transparent), a first transparent electron-conductive layer (12, first electron conducting layer) an electrochromic layer (16, electrochromic layers) (paragraph 15), an electrolyte solution (20, electrolyte solution) with automatically curable in presence of air and/or moisture to achieve a self-encapsulation function (paragraph 22 discloses a gel polymer electrolytes which are cured by moisture), an ion storage layer (18, counter electrode layer) (paragraph 15 discloses the counter electrode layer 18 is capable of conducting electron and ions, and serves as an ion storage layer), a second transparent electron-conductive layer (14, second electron conducting layer) and a second transparent flexible substrate (24, second substrate) (paragraph 15 and paragraph 18 discloses the substrate is transparent).
Regarding claim 18, Goeran discloses use of the arbitrarily tailorable electrochromic device according to claim 1 in a display screen of an electronic terminal device, a smart window in an environmental- friendly architectural, an automotive color-changing glass or an automatic anti-glare rear-view mirror (paragraph 1 discloses use ranging from eyewear to displays and in use in a window).
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 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.
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(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Granquist, Claes Goeran (WO 2012/138281), hereinafter Goeran as applied to claim 1 above, and further in view of Yashiro et al. (2017/0010514), hereinafter Yashiro.
Regarding claim 11, Goeran discloses all the limitations in common with claim 1, and such is hereby incorporated.
Goeran fails to disclose wherein the electrolyte solution has a thickness of 10 nm-300 µm.
Okada discloses wherein the electrolyte solution has a thickness of 10 nm-300 µm (Examiner notes that 300 µm is equal to 300,000 nm) (paragraph 0275 discloses a thickness of 0.2 µm to 5 µm; which is 200-5000 nm; this is within the claimed range).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Goeran with the thickness of the electrolyte solution of Yashiro for the purpose of moving the ions to conduct electricity within the electrochromic display.
Regarding claim 12, Goeran discloses all the limitations in common with claim 1, and such is hereby incorporated.
Goeran fails to disclose wherein the electrolyte solution has a thickness of 50 nm-150 µm.
Okada discloses wherein the electrolyte solution has a thickness of 10 nm-300 µm (Examiner notes that 150 µm is equal to 150,000 nm) (paragraph 0275 discloses a thickness of 0.2 µm to 5 µm; which is 200-5000 nm; this is within the claimed range).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Goeran with the thickness of the electrolyte solution of Yashiro for the purpose of moving the ions to conduct electricity within the electrochromic display.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Granquist, Claes Goeran (WO 2012/138281), hereinafter Goeran as applied to claim 1 above, and further in view of He Jiazhi et al. (WO 2020056326), hereinafter He.
Regarding claim 13, Goeran discloses wherein materials of the first transparent flexible substrate and the second transparent flexible substrate are each independently at least one of polyethylene, polyethylene terephthalate, polyvinyl chloride, nylon, polyethylene imine, polyimide, polypropylene, polycarbonate, cyclic olefin polymer, cellulose acetate, polyurethane and polydimethylsiloxane (paragraph 18 discloses polyimide, polycarbonate, polyurethane, and polyethylene); and/or materials of the first transparent electron-conductive layer and the second transparent electron-conductive layer are each independently at least one of a metal oxide, a doped metal oxide, a conductive transparent nitride, a metal, and an alloy (paragraph 19 discloses several metal oxides including Indium Tin oxide (ITO), Tin oxide, Zinc oxide, n- or p-doped Zinc oxide and Zinc oxyfluoride); and/or the electrochromic layer is at least one of an inorganic electrochromic layer and an organic electrochromic layer, a material of the inorganic electrochromic layer being at least one of tungsten oxide, niobium oxide, titanium oxide, molybdenum oxide, copper oxide, chromium oxide, manganese oxide, vanadium oxide, cobalt oxide, nickel oxide, prussian blue, a transition metal sulfide and a phthalocyanine compound, a material of the organic electrochromic layer being at least one of viologen (a quarternary ammonium salt of 1,l'-disubstituted-4,4'-bipyridyl compound), polyaniline, polypyrrole, polythiophene and derivatives thereof (paragraph 17 discloses cathodically colouring thin films of oxides based on tungsten, molybdenum, niobium, titanium, lead and/ or bismuth, or anodically colouring thin films of oxides, hydroxides and/ or oxy- hydrides based on nickel, iridium, iron, chromium, cobalt and/ or rhodium); and/or the ion storage layer uses a complementary material of coloring of the electrochromic layer (paragraph 0022 discloses coloured or non-coloured).
Goeran does not specifically disclose the first transparent flexible substrate and the second transparent flexible substrate each independently have a thickness of 0.05 nm-1.00 mm; the first transparent electron-conductive layer and the second transparent electron-conductive layer each independently have a thickness of 10 nm-1000 nm; the electrochromic layer having a thickness of 10 nm-2000 nm; and the ion storage layer having a thickness of 1 nm-2000 nm.
He discloses the first transparent flexible substrate and the second transparent flexible substrate each independently have a thickness of 0.05 nm-1.00 mm (Examiner notes that 500 µm is equal to .5 mm) (paragraph 0050 discloses the flexible substrates may be 10 to 1000 µm; which is within the claimed range); the first transparent electron-conductive layer and the second transparent electron-conductive layer each independently have a thickness of 10 nm-1000 nm (paragraph 0051 discloses 1 to 800 nm which is within the claimed range); the electrochromic layer having a thickness of 10 nm-2000 nm (Examiner notes that 1 µm is equal to 1000 nm) (paragraph 0056 discloses the electrochromic layer is 1 nm to 10 µm which is within the claimed range); and the ion storage layer having a thickness of 1 nm-2000 nm (paragraph 0055 discloses 1 nm to 10 µm, which is within the claimed range).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Goeran with the thickness of He for the purpose of optimal use of the electrochromic device.
Regarding claim 14, Goeran discloses wherein materials of the first transparent flexible substrate and the second transparent flexible substrate are each independently at least one of polyethylene terephthalate, polycarbonate, polyvinyl chloride (paragraph 18 discloses polycarbonate); and/or materials of the first transparent electron-conductive layer and the second transparent electron-conductive layer are each independently at least one of Indium Tin oxide layer, a fluorine-doped tin oxide layer and a nano-silver wire layer (paragraph 19 discloses several metal oxides including Indium Tin oxide (ITO), Tin oxide, Zinc oxide, n- or p-doped Zinc oxide and Zinc oxyfluoride); and/or a material of the electrochromic layer is at least one of tungsten oxide, titanium oxide, manganese oxide and vanadium oxide, prussian blue, viologen (a quarternary ammonium salt of 1,l'-disubstituted-4,4'-bipyridyl compound), polyaniline, polypyrrole, polythiophene and derivatives thereof (paragraph 17 discloses cathodically colouring thin films of oxides based on tungsten, molybdenum, niobium, titanium, lead and/ or bismuth, or anodically colouring thin films of oxides, hydroxides and/ or oxy- hydrides based on nickel, iridium, iron, chromium, cobalt and/ or rhodium); and/or the ion storage layer is tungsten oxide, titanium oxide, zinc oxide, Prussian blue, viologen (a quarternary ammonium salt of 1,l'-disubstituted-4,4'-bipyridyl compound), polyaniline (paragraph 0022 discloses TiO2 or other oxides).
Goeran does not specifically disclose the first transparent flexible substrate and the second transparent flexible substrate each independently have a thickness of 0.100 nm-0.50 mm; the first transparent electron-conductive layer and the second transparent electron-conductive layer each independently have a thickness of 20 nm-200 nm; the electrochromic layer having a thickness of 30 nm-1000 nm; and the ion storage layer having a thickness of 30 nm-1000 nm.
He discloses the first transparent flexible substrate and the second transparent flexible substrate each independently have a thickness of 0.100 nm-0.50 mm (Examiner notes that 500 µm is equal to .5 mm) (paragraph 0050 discloses the flexible substrates may be 10 to 1000 µm; which is within the claimed range); the first transparent electron-conductive layer and the second transparent electron-conductive layer each independently have a thickness of 20 nm-200 nm (paragraph 0051 discloses 1 to 800 nm which is within the claimed range); the electrochromic layer having a thickness of 30 nm-1000 nm (Examiner notes that 1 µm is equal to 1000 nm) (paragraph 0056 discloses the electrochromic layer is 1 nm to 10 µm which is within the claimed range); and the ion storage layer having a thickness of 30 nm-1000 nm (paragraph 0055 discloses 1 nm to 10 µm, which is within the claimed range).
Allowable Subject Matter
Claims 2-10 and 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art taken either singularly or in combination fails to anticipate or fairly suggest the limitations of the independent claim(s), in such a manner that a rejection under 35 U.S.C. 102 or 103 would be proper. The prior art fails to teach a combination of all the claimed features as presented in claim(s) 2, wherein the claimed invention comprises, in claim 2, wherein the electrolyte solution comprises a component which is curable in presence of air and/or moisture, a solvent and an electrolyte; a content of the component which is curable in presence of air and/or moisture in the electrolyte solution is 20%-70% by mass, and a total content of the electrolyte and the solvent in the electrolyte solution is 30%-80% by mass; and a concentration of the electrolyte in a mixture of both the electrolyte and the solvent is 0.1 mol/L -10.0 mol/L, as claimed.
Conclusion
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/BRANDI N THOMAS/ Primary Examiner, Art Unit 2872