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 .
Examiner’s Comments
The previous action is withdrawn/superseded.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/12/2023 has been considered by the examiner.
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 8 and 13-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 8, the applicant claims “the electronic insulating material comprises an insulating colloid or an ionic conduction layer material”, however, the Examiner points out that claim 8 depends from claim 7 and in claim 7 the claimed “electronic insulating material” is not required and is an option from two potential alternatives. Therefore, the Examiner points out that it is unclear as to how claim 8 further limits an optional limitation. For purposes of expediting prosecution, the Examiner interprets that claim should be read --in a case where the electronic insulating material is disposed between the edge of the first electrochromic layer and the edge of the second electrochromic layer, the electronic insulating material comprises an insulating colloid or an ionic conduction layer material--.
Regarding claim 13, the applicant claims “a single electrochromic region”, however, it is unclear to the Examiner as to whether or not the claimed “single electrochromic region” is one of the first electrochromic region, the second electrochromic region or is a new electrochromic region. For purposes of expediting prosecution, the Examiner interprets the phrase “a single electrochromic region” to be read --a single electrochromic region of the first electrochromic region or the second electrochromic region--.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirano (US 2022/0146899).
Regarding claim 1, Hirano discloses, an electrochromic device (Fig. 6A), comprising:
at least two electrochromic regions (Para. 0078-0079 and see areas associated with “AsL” and “AsR”), wherein each two adjacent electrochromic regions of the at least two electrochromic regions comprises a first electrochromic region (“AsL”) and a second electrochromic region (“AsR”);
wherein the first electrochromic region (“AsL”) comprises a first base layer (11), a first conductive layer (12L), a first electrochromic layer (14L, 51), a second conductive layer (22L), and a second base layer (21) that are stacked in sequence (see Fig. 6A); and
wherein the second electrochromic region (“AsR”) comprises a third base layer (11), a third conductive layer (12R), a second electrochromic layer (14R, 51), a fourth conductive layer (22R), and a fourth base layer (21) that are stacked in sequence (see Fig. 6A);
wherein the first conductive layer is electrically connected to the third conductive layer (Para. 0078 and see 12L, 12R); the second conductive layer is not in contact with the fourth conductive layer (see Fig. 6A); and an edge of the first electrochromic layer is insulated from an edge of the second electrochromic layer (72c); and
in a case where the first electrochromic region is located at a periphery of the electrochromic device, a first lead-out electrode (22p) is electrically connected to the second conductive layer (Para. 0083; note, the applicant claims the electrodes are electrically connected and not physically connected. Thus, because the electrodes work together to form a complete circuit they are electrically connected); and
in a case where the second electrochromic region is located at the periphery of the electrochromic device, a second lead-out electrode (12p) is electrically connected to the fourth conductive layer (Para. 0083).
Regarding claim 10, Hirano discloses, the first base layer and the fourth base layer are arranged as an integrally connected structure, and/or the second base layer and the third base layer are arranged as an integrally connected structure( see Fig. 6A).
Regarding claim 11, Hirano discloses, the first conductive layer and the third conductive layer are bonded through a conductive medium (see Fig 6A).
Regarding claim 12, Hirano discloses, the at least two electrochromic regions have different widths (Para. 0090 and see Fig. 6A; note, the Examiner interprets that “AsR” is wider than “AsL”).
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 2-3, 5-8, 13-14, 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hirano (US 2022/0146899) as applied to claim 1 above, in view of Yuan (CN 108490712; already of record).
Hirano remains as applied to claim 1 above.
Hirano does not disclose the first electrochromic layer comprises a first electrochromic material layer, a first ion conduction layer, and a first ion storage layer that are stacked in sequence; and wherein the second electrochromic layer comprises a second electrochromic material layer, a second ion conduction layer, and a second ion storage layer that are stacked in sequence; wherein the first electrochromic material layer is in proximity to the first conductive layer, and the second ion storage layer is in proximity to the third conductive layer; or wherein the first ion storage layer is in proximity to the first conductive layer, and the second electrochromic material layer is in proximity to the third conductive layer.
Yuan teaches, from the same field of endeavor that in an electrochromic device (Fig. 3) that it would have been desirable to make the first electrochromic layer (see 4, 5, 6 to the left of “GAP”) comprises a first electrochromic material layer (4), a first ion conduction layer (5), and a first ion storage layer (6) that are stacked in sequence; and wherein the second electrochromic layer (see 4, 5, 6 to the right of “GAP”) comprises a second electrochromic material layer (4), a second ion conduction layer (5), and a second ion storage layer (6) that are stacked in sequence (see Fig. 3); wherein the first electrochromic material layer is in proximity (see Fig. 3) to the first conductive layer (3), and the second ion storage layer is in proximity (see Fig. 3) to the third conductive layer (7); or wherein the first ion storage layer (6) is in proximity (see Fig. 3) to the first conductive layer (3), and the second electrochromic material layer (4) is in proximity (see Fig. 3) to the third conductive layer (3).
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 first electrochromic layer comprises a first electrochromic material layer, a first ion conduction layer, and a first ion storage layer that are stacked in sequence; and wherein the second electrochromic layer comprises a second electrochromic material layer, a second ion conduction layer, and a second ion storage layer that are stacked in sequence; wherein the first electrochromic material layer is in proximity to the first conductive layer, and the second ion storage layer is in proximity to the third conductive layer; or wherein the first ion storage layer is in proximity to the first conductive layer, and the second electrochromic material layer is in proximity to the third conductive layer as taught by the electrochromic device of Yuan in the electrochromic device of Hirano since Yuan teaches it is known to include these features in an electrochromic device for the purpose of providing an electrochromic device with improved response time and voltage distribution and even color.
Regarding claim 3, Hirano in view of Yuan discloses and teaches as set forth above, and Yuan further teaches, from the same field of endeavor that in an electrochromic device (Fig. 3) that it would have been desirable to make the first electrochromic layer (see 4, 5, 6 to the left of “GAP”) comprises a first electrochromic material layer (4), a first ion conduction layer (5), and a first ion storage layer (6) that are stacked in sequence; and wherein the second electrochromic layer (see 4, 5, 6 to the right of “GAP”) comprises a second electrochromic material layer (4), a second ion conduction layer (5), and a second ion storage layer (6) that are stacked in sequence (see Fig. 3); wherein the first electrochromic material layer is in proximity (see Fig. 3) to the first conductive layer (3), and the second electrochromic material layer (4) is in proximity (see Fig. 3) to the third conductive layer (3); or the first ion storage layer (6) is in proximity (see Fig. 3) to the first conductive layer (3), and the second ion storage layer is in proximity (see Fig. 3) to the third conductive layer (7).
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 electrochromic device of Yuan in the electrochromic device of Hirano since Yuan teaches it is known to include these features in an electrochromic device for the purpose of providing an electrochromic device with improved response time and voltage distribution and even color.
Regarding claim 5, Hirano in view of Yuan discloses and teaches as set forth above, and Yuan further teaches, from the same field of endeavor that in an electrochromic device (Fig. 3) that it would have been desirable to make a third lead-out electrode (3-B1) is electrically connected to an electrical connection between the first conductive layer (3 to left of “GAP”) and the third conductive layer (3 to the right of “GAP”).
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 electrochromic device of Yuan in the electrochromic device of Hirano since Yuan teaches it is known to include these features in an electrochromic device for the purpose of providing an electrochromic device with improved response time and voltage distribution and even color.
Regarding claim 6, Hirano in view of Yuan discloses and teaches as set forth above, and Yuan further teaches, from the same field of endeavor that in an electrochromic device (Fig. 3) that it would have been desirable to make a controller, wherein the controller is connected to the first lead-out electrode (7-A1), the second lead-out electrode (7-A2), and at least one of the third lead-out electrode (3-B1); and wherein the controller is configured to control, through the first lead-out electrode and the second lead-out electrode, the electrochromic device to perform color changing and control (see Abstract), through the first lead-out electrode, the second lead-out electrode, and the at least one third lead-out electrode, each electrochromic region in the electrochromic device to perform color changing (see Abstract).
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 electrochromic device of Yuan in the electrochromic device of Hirano since Yuan teaches it is known to include these features in an electrochromic device for the purpose of providing an electrochromic device with improved response time and voltage distribution and even color.
Regarding claim 7, Hirano in view of Yuan discloses and teaches as set forth above, and Yuan further teaches, from the same field of endeavor that in an electrochromic device (Fig. 3) that it would have been desirable to make a gap (see “GAP”) of a preset width is disposed between the edge of the first electrochromic layer (see 4, 5, 6 to the left of “GAP”) and the edge of the second electrochromic layer (see 4, 5, 6 to the right of “GAP”) to insulate the edge of the first electrochromic layer from the edge of the second electrochromic layer (see “GAP”), or an electronic insulating material is disposed between the edge of the first electrochromic layer and the edge of the second electrochromic layer to insulate the edge of the first electrochromic layer from the edge of the second electrochromic layer.
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 electrochromic device of Yuan in the electrochromic device of Hirano since Yuan teaches it is known to include these features in an electrochromic device for the purpose of providing an electrochromic device with improved response time and voltage distribution and even color.
Regarding claim 8, Hirano in view of Yuan discloses and teaches as set forth above, and Hirano further discloses, in a case where the electronic insulating material is disposed between the edge of the first electrochromic layer and the edge of the second electrochromic layer, the electronic insulating material comprises an insulating colloid or an ionic conduction layer material (see 72c).
Regarding claim 13, Hirano in view of Yuan discloses and teaches as set forth above, and Hirano further discloses, a method for controlling an electrochromic device (Para. 0083-0085), applied to the electrochromic device according to claim 6 (see rejection of claim 6 above), comprising: receiving a transmittance adjustment control signal of the electrochromic device; determining, according to the transmittance adjustment control signal, whether the entire electrochromic device is controlled or a single electrochromic region of the first electrochromic region or the second electrochromic region in the electrochromic device is controlled (Para. 0040, 0083 and 0085; note, discloses voltage is applied to change the color tone and reflecting state);
in response to controlling the entire electrochromic device, controlling, through the first lead-out electrode of the electrochromic device and the second lead-out electrode of the electrochromic device, the entire electrochromic device to perform color changing (Para. 0040, 0083 and 0085; note, discloses voltage is applied to change the color tone and reflecting state); and in response to controlling the single electrochromic region in the electrochromic device, controlling, through lead-out electrodes electrically connected to two conductive layers in the single electrochromic region, the single electrochromic region to perform color changing (Para. 0040, 0083 and 0085; note, discloses voltage is applied to change the color tone and reflecting state).
Regarding claim 14, Hirano in view of Yuan discloses and teaches as set forth above, and Hirano further discloses, in a case where the entire electrochromic device is controlled, before the entire electrochromic device is controlled through the first lead-out electrode of the electrochromic device and the second lead-out electrode of the electrochromic device to perform color changing (Para. 0040, 0083 and 0085), the method further comprises: adjusting the at least two electrochromic regions in the electrochromic device to have a same coloring degree or complementary coloring degrees (Para. 0093; note, discloses adjusting so inconsistencies in optical characteristics do not occur).
Regarding claim 17, Hirano in view of Yuan discloses and teaches as set forth above, and Hirano further discloses, the controlling, through the lead-out electrodes electrically connected to the two conductive layers in the single electrochromic region (see Fig. 6A), the single electrochromic region to perform color changing comprises one of the following: applying a required voltage to the single electrochromic region through the first lead-out electrode and a third lead-out electrode that correspond to the single electrochromic region (Para. 0083-0085); applying a required voltage to the single electrochromic region through two third lead-out electrodes corresponding to the single electrochromic region (Para. 0083-0085); or applying a required voltage to the single electrochromic region through the second lead-out electrode and a third lead-out electrode that correspond to the single electrochromic region (Para. 0083-0085).
Regarding claim 19, Hirano discloses, the adjusting the at least two electrochromic regions in the electrochromic device to have the same coloring degree or the complementary coloring degrees (Para. 0093) comprises: when the electrochromic device changes color in a same direction, adjusting the at least two electrochromic regions in the electrochromic device to have the same coloring degree (Para. 0040, 0083 and 0085); or when the electrochromic device changes color in different directions, adjusting the at least two electrochromic regions in the electrochromic device to have the complementary coloring degrees (Para. 0040, 0083 and 0085).
Regarding claim 20, Hirano discloses, the adjusting the at least two electrochromic regions in the electrochromic device to have the same coloring degree or the complementary coloring degrees comprises: monitoring an open-circuit voltage of each of the at least two electrochromic regions (Para. 0083, 0085 and 0089).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hirano (US 2022/0146899) as applied to claim 1 above.
Hirano remains as applied to claim 4 above.
Hirano does not explicitly disclose the at least two electrochromic regions have a same width, however, the Examiner points out that Para. 0093 of Hirano discloses that the widths of AsR and AsL are adjustable and therefore they can be different or the same.
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 at least two electrochromic regions have a same width for the purpose of providing an electrochromic device with reduced inconsistencies in optical characteristics
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hirano (US 2022/0146899) as applied to claim 1 above, in view of Hirano (US 2019/0101805).
Hirano remains as applied to claim 1 above.
Hirano does not disclose the first base layer and the fourth base layer are separated structures, and the second base layer and the third base layer are separated structures.
Hirano teaches, from the same field of endeavor that in an electrochromic device (Fig. 6B) that it would have been desirable to make the first base layer (see 12a on the left) and the fourth base layer (see 11a on the left) are separated structures, and the second base layer (see 11a on the right) and the third base layer are separated structures and (see 12a on the right).
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 first base layer and the fourth base layer are separated structures, and the second base layer and the third base layer are separated structures as taught by the electrochromic device of Hirano in the electrochromic device of Hirano since Hirano teaches it is known to include these features in an electrochromic device for the purpose of providing a high-quality electrochromic device with improved display evenness and response speed.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hirano (US 2022/0146899) in view of Yuan (CN 108490712; already of record) as applied to claim 14 above, and further in view of in view of Brown et al. (US 2012/0239209).
Hirano in view of Yuan remains as applied to claim 14 above.
Hirano in view of Yuan does not disclose in the case where the entire electrochromic device is controlled, before adjusting the at least two electrochromic regions in the electrochromic device to have the same coloring degree or the complementary coloring degrees, the method further comprises: determining whether each electrochromic region in the electrochromic device is damaged; and in response to presence of a target electrochromic region being damaged, shorting lead-out electrodes electrically connected to two conductive layers in the target electrochromic region.
Brown teaches, from the same field of endeavor that in an electrochromic device that it would have been desirable to make in the case where the entire electrochromic device is controlled, before adjusting the at least two electrochromic regions in the electrochromic device to have the same coloring degree or the complementary coloring degrees (Para. 0038, 0041 and 0056), the method further comprises: determining whether each electrochromic region in the electrochromic device is damaged (Para. 0038, 0041 and 0056); and in response to presence of a target electrochromic region being damaged, shorting lead-out electrodes electrically connected to two conductive layers in the target electrochromic region (Para. 0038, 0041 and 0056).
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 entire electrochromic device is controlled, before adjusting the at least two electrochromic regions in the electrochromic device to have the same coloring degree or the complementary coloring degrees, the method further comprises: determining whether each electrochromic region in the electrochromic device is damaged; and in response to presence of a target electrochromic region being damaged, shorting lead-out electrodes electrically connected to two conductive layers in the target electrochromic region as taught by the electrochromic device of Brown in the combination of Hirano in view of Yuan since Brown teaches it is known to include these features in an electrochromic device for the purpose of providing an electrochromic device with improved reliability and usable life.
Regarding claim 16, Hirano, Yuan and Brown discloses and teaches as set forth above, and Brown further teaches, from the same field of endeavor that in an electrochromic device that it would have been desirable to make the determining whether each electrochromic region in the electrochromic device is damaged comprises: controlling each electrochromic region in the electrochromic device to perform color changing and acquiring a current of each electrochromic region in a control process (Para. 0038, 0041 and 0056); and in a case of presence of a current of the target electrochromic region exceeding a preset current threshold, determining that the target electrochromic region is damaged (Para. 0038, 0041 and 0056).
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 electrochromic device of Brown in the combination of Hirano in view of Yuan since Brown teaches it is known to include these features in an electrochromic device for the purpose of providing an electrochromic device with improved reliability and usable life.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hirano (US 2022/0146899) in view of Yuan (CN 108490712; already of record) as applied to claim 13 above, and further in view of in view of Hirano (US 2019/0101805).
Hirano in view of Yuan remains as applied to claim 13 above.
Hirano in view of Yuan does not disclose the method further comprises: when the electrochromic device comprises at least three electrochromic regions, controlling, through two spaced apart lead-out electrodes, at least two electrochromic regions which are among the at least three electrochromic regions and located between the two spaced apart lead-out electrodes to perform color changing.
Hirano teaches, from the same field of endeavor that in an electrochromic device (Figs. 5A-C) that it would have been desirable to make the method further comprises: when the electrochromic device comprises at least three electrochromic regions (see 10), controlling, through two spaced apart lead-out electrodes (17, 18), at least two electrochromic regions which are among the at least three electrochromic regions and located between the two spaced apart lead-out electrodes to perform color changing (Para. 0072, 0076; note, discloses the electrochromic device changes color tone and reflectance with the application of a voltage).
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 method further comprises: when the electrochromic device comprises at least three electrochromic regions, controlling, through two spaced apart lead-out electrodes, at least two electrochromic regions which are among the at least three electrochromic regions and located between the two spaced apart lead-out electrodes to perform color changing as taught by the electrochromic device of Hirano in the combination of Hirano in view of Yuan since Hirano teaches it is known to include these features in an electrochromic device for the purpose of providing a high-quality electrochromic device with improved display evenness and response speed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ingalls et al. (US 2003/0210449) discloses an electrochromic device that includes an electrochromic layer comprises a first electrochromic material layer, a first ion conduction layer, and a first ion storage layer that are stacked in sequence.
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.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 01/08/2026