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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/15/2026 has been entered.
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.
Claims 8-11, 14-17 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Schulz et al. (US 6,055,089; already of record) in view of Snyker et al. (US 2013/0241299).
Regarding claim 8, Schulz discloses, an insulated glass unit (IGU) (Figs. 1-4) comprising:
a first lite (11);
a second lite (12);
wherein the first lite and the second lite are positioned substantially parallel to and aligned with one another (see annotated Figs. 1-2 below);
an electrochromic device (17) coupled to the first lite;
a window controller (19, 35, 43) coupled to the first lite (see Fig. 1 below); and
a photovoltaic cell (18) coupled to the window controller, the electrochromic device, and the first lite (see 19), wherein the window controller is positioned between a plane formed by the first lite and a plane formed by the second lite (see Figs. 1-4).
PNG
media_image1.png
773
592
media_image1.png
Greyscale
Schulz does not explicitly disclose the second lite having a notch, and the window controller is positioned in the notch of the second lite, wherein the notch is configured to permit passage of the window controller.
Snyker teaches, from the same field of endeavor that in an insulated glass unit (IGU) (Fig. 14) that it would have been desirable to make the second lite (1012) having a notch (see annotated Fig. 14 below), and the window controller (1010, 1080) is positioned in the notch of the second lite (see Fig. 14), wherein the notch is configured to permit passage of the window controller (the Examiner interprets that the notch allows the wire from window controller (1010) to go across/past (passage) the second lite (1012) to be connected to the controller (1080)).
PNG
media_image2.png
692
762
media_image2.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the second lite having a notch, and the window controller is positioned in the notch of the second lite as taught, wherein the notch is configured to permit passage of the window controller by the insulated glass unit (IGU) of Snyker in the insulated glass unit (IGU) of Schulz since Snyker teaches it is known to include these features in an insulated glass unit (IGU) for the purpose of providing an inexpensive insulated glass unit (IGU) with reduced wiring errors.
Regarding claim 9, Schulz in view of Snyker discloses and teaches as set forth above, and Schulz further discloses, a cover (see 35 of Fig. 4) proximate the window controller, wherein the cover can be opened to access the window controller.
Regarding claim 10, Schulz in view of Snyker discloses and teaches as set forth above, and Schulz further discloses, the cover (see 35 of Fig. 4) extends into a viewable area of the electrochromic device.
Regarding claim 11, Schulz in view of Snyker discloses and teaches as set forth above, and Schulz further discloses, a photovoltaic cell (18), wherein both the photovoltaic cell and the electrochromic device are positioned between a plane formed by the first lite and a plane formed by the second lite.
Regarding claim 14, Schulz in view of Snyker discloses and teaches as set forth above, and Schulz further discloses, a photovoltaic cell (18) coupled to the window controller (19, 35, 43).
Regarding claim 15, Schulz in view of Snyker discloses and teaches as set forth above, and Schulz further discloses, the electrochromic device has a first width and the first lite has a second width (see 11, 17).
Regarding claim 16, Schulz in view of Snyker discloses and teaches as set forth above, and Schulz further discloses, the first width is the same as the second width (see 11, 17).
Regarding claim 17, Schulz in view of Snyker discloses and teaches as set forth above, and Schulz further discloses, a spacer (15, 16) between the first lite and the second lite.
Regarding claim 19, Schulz in view of Snyker discloses and teaches as set forth above, and Schulz further teaches, from the same field of endeavor that in an IGU (FIG. 14) that it would have been desirable to make the window controller (1010, 1080) is positioned between the plane formed by the first lite (1013) and the plane formed (see annotated Fig. 14 above) by the second lite (1012), wherein second lite comprises a notch (see annotated Fig. 14 above) positioned on the plane formed by the second lite (see annotated Fig. 14 above), and wherein the window controller can be accessed through the notch (see annotated Fig. 14 above).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the insulated glass unit (IGU) of Snyker in the insulated glass unit (IGU) of Schulz since Snyker teaches it is known to include these features in an insulated glass unit (IGU) for the purpose of providing an inexpensive insulated glass unit (IGU) with reduced wiring errors.
Regarding claim 20, Schulz in view of Snyker discloses and teaches as set forth above, and Schulz further teaches, in a different embodiment from the same field of endeavor that in an IGU that it would have been desirable to make the photovoltaic cell is disposed on the first lite (see 74, 75 of Fig. 9) for the purpose of providing a reliable IGU.
Regarding claim 21, Schulz in view of Snyker discloses and teaches as set forth above, and Schulz further discloses, the photovoltaic cell is disposed on the second lite (see 18 of Fig. 2).
Regarding claim 22, Schulz in view of Snyker discloses and teaches as set forth above, but does not explicitly disclose the window controller is removably coupled to the first lite. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the window controller is removably coupled to the first lite for the purpose of providing a window controller that is easily replaced.
Regarding claim 23, Schulz in view of Snyker discloses and teaches as set forth above, and Snyker further teaches, from the same field of endeavor that in an insulated glass unit (IGU) (Fig. 14) that it would have been desirable to make the notch is disposed at an edge of the second lite (see Fig. 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the insulated glass unit (IGU) of Snyker in the insulated glass unit (IGU) of Schulz since Snyker teaches it is known to include these features in an insulated glass unit (IGU) for the purpose of providing an inexpensive insulated glass unit (IGU) with reduced wiring errors.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the notch is configured so that the window controller can pass through it so that it can be manually removed) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The Examiner points out that Merriam-Webster’s dictionary (www.m-w.com) defines the term “passage” to mean --a way of exit or entrance : a road, path, channel, or course by which something passes; the action or process of passing from one place, condition, or stage to another; or to go past or across: CROSS--. Based on this definition, the Examiner interprets that the notch allows the wire from window controller (1010) to go across/past (passage) the second lite (1012) to be connected to the controller (1080). Therefore, the Examiner interprets that Snyker teaches the limitation “the notch is configured to permit passage of the window controller”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 8:00-5:00 PM.
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, Pinping Sun can be reached at 571-270-1284. 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.
/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 02/21/2026