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 .
DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of group 1, claims 1-12 in the reply filed on 11/20/2025 is acknowledged. Since the elected group I, the electrochromic composition, has been found allowable over prior art of record; the non-elected group II, directed to a related product, which comprise the allowable electrochromic composition, has been brought back to be considered in this office action. Accordingly, the restriction requirement filed on 10/03/2025 has been withdrawn.
Claim Objections
Claims 1, 13 and 20 are objected to because of the following informalities: “in the colored state” should read “in a colored state”. Appropriate correction is required.
Claim 2, “a mass fraction ratio of…(0.1~2): (0.1~2): (2~10): (40~85)” is suggested to be changed to “a ratio by mass of…(0.1 to 2):(0.1 to 2):(2 to 10):(40 to 85)”. This suggestion is also applicable to claim 4.
Claim 6, “by weight” is suggested to be changed to “by mass”, in order to be consistent with other claims.
Claim 19 is objected to because of the following informalities: Line 6, “the adjustable visual angle Ɵ” should read “the minimum visible angle Ɵ” by definition. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 1, 13 and 20 are rejected as being vague and indefinite when these claims recite “an electrogenic acid capable of producing protons under an action of external electrons”, because the meaning of “action of external elections” is not clear, it could be elections transferred from other components in the composition, injected from electrodes by applying an external electronic filed, by external election beams or other electron resource. In this office action, it is taken that the electrogenic acid is capable of producing protons by receiving electrons from other components in the composition. Claims 2-12 and 14-19 are also rejected for depending from claims 1 and 13, thus inclusion of indefinite features.
Claim 9 is rejected as being vague and indefinite when these claims recite "refers to a salt…”. It is unclear as to whether “a salt that…” following “refers to” is merely an example of the molten salt or actually serve to limit the molten salt. In this office action, the “a salt that…” has been interpreted as to limit the molten salt.
Claim 19 recites the limitation "the adjustable visual angle" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten to overcome 112 rejections as set forth above. The reason for the allowance is that the claims are allowable over closest prior art Vincent et al (US 2003/0179432, ‘432 hereafter) and Zhang et al (CN 114015433). Vincent discloses a display device comprising transparent electrode layers and an electrochromic layer located between electrode layers (Figure 1, [0006]-[0008], [0014]); wherein the electrochromic layer comprises an electrochromic composition. The electrochromic composition comprises an indicator dye which changes colors with pH of the composition ([0024]-[0025], component (b), [0032]), reading upon acid-sensitive dye capable of switching colors in accordance with a change of proton concentration in the electrochromic composition; a compound change its protic state by an electron transfer reaction ([0024]-[0025], component (a), [0026], [0030]), reading upon electrogenic acid capable of producing protons under an action of external electrons; an ionically conductive material being an aqueous solution of and electrolyte ([0024]-[0025], component (c), [0033]), reading upon ionic liquid composed of dissociated ions; and a solvent ([0034); wherein the acid-sensitive dye, the electrogenic acid, the ionic liquid, and the solvent are mixed together. Zhang discloses an electrochromic material comprising a fluorane dye as a color-changing material and a cuprous salt as redox regulating agent to render the composition being capable of changing from a transparent state to a colored state (Fig. 2 and 7, [0004]-[0013], [0026]). However, the prior art of record does not expressly set forth or fairly suggest a electrochromic composition as recited in the present claims 1, 13 and 20, wherein the acid-sensitive dye is in the transparent state when the proton concentration of the electrochromic composition is 0, and is in a colored state when the proton concentration of the electrochromic composition is greater than 0.
Conclusion
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/RUIYUN ZHANG/Primary Examiner, Art Unit 1782