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 .
Claim Rejections - 35 USC § 103
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 1-5 are rejected under 35 U.S.C. § 103 as being unpatentable over Kim et al. (US 2018/0017835) in view of Oshikawa (US 5,273,475) in view of Lei et al. (US 2024/0413284) in view of Ballet et al. (US 2018/0196283) in further view of Ash et al. (US 2001/0055143).
Regarding claim 1, Kim discloses a method for manufacturing an electrochromic lens (in at least abstract discloses: electrochromic device including an optical lens), comprising the following steps: heating a flat substrate (Figure 1A depicts: a float substrate; [0008] discloses: thermoforming a laminated body to give the laminated body a curved surface shape; therefore considered heating a flat substate) at a temperature of between 80℃ and 140℃ ([0054] discloses: a heating temperature for thermoforming in the range of 130℃-190℃; which includes temperatures in the claimed range), wherein the flat substrate is made of one of nylon, polycarbonate (PC), polyethylene (PE) and polymethyl methacrylate (PMMA) ([0043] discloses: substrate, may comprised a polymethyl methacrylate resin); bending the flat substrate into a curved substrate having a thickness between 0.1 mm and 1 mm ([0074] discloses: substrates have an average thickness within a range of 0.2 to 1.0 mm, which falls within the claimed range); providing two said curved substrates (Figures 1B and 1C depict: two curved substrates), wherein the curved substrates each have a first substrate surface (see annotated Figure A below, which is an annotated Figure 1A of Kim) and a second substrate surface opposite to the first substrate surface (see annotated Figure A below; Examiner notes that the first substrate surfaces are considered opposite the second substrate surfaces due to being on opposite sides of the rectangle), the first substrate surface of one of the curved substrates is attached to (Figure 1A depicts: 12, first electrode layer) an indium tin oxide transparent conductive film ([0075] discloses: 12, first electrode layer, comprise a transparent tin doped indium oxide), the second substrate surface of the other one of the curved substrates is attached to another indium tin oxide transparent conductive film (Figure 1A depicts: 15, second electrode layer; [0075] discloses: 15, second electrode layer, comprise a transparent tin doped indium oxide); arranging the two curved substrates in parallel in a predetermined direction (see annotated Figure B below, which is an annotated Figure 1B of Kim), and arranging the indium tin oxide transparent conductive films of the two curved substrates to face each other in the predetermined direction (see annotated Figure B below); providing a component between the two curved substrates to form a filling area (Figure 1A depicts: 17, sealing layer and 15, 12, electrode layers forming the “filling area”) between the two indium tin oxide transparent conductive films (Figure 1A depicts: 17, sealing layer); providing a lens body that is parallel to the electrochromic module in the predetermined direction (see annotated Figure C below), and attaching the electrochromic module to one of lens surfaces of the lens body from the predetermined direction (see annotated Figure C below, which is an annotated Figure 1C of Kim).
Kim fails to disclose a method wherein the substrate heating happens for 1 to 20 min; wherein the metal layers are electroplated to the surface of the substrates; wherein the cavity between the substrates is a leak-proof component to form a filling area between the two conductive films; and providing a liquid crystal in the filling area to form an electrochromic module; wherein the electrochromic module has a thickness of between 0.2 mm and 2 mm.
Oshikawa teaches a method wherein the substrate heating happens for 1 to 20 min (Claim 4 teaches: heating the first substrate at a temperature of 80-90 degrees C for 15-20 minutes, which falls within the claimed range) and providing a liquid crystal in the filling area to form an electrochromic module (Col. 2, lines 34-35 teach: liquid crystal, sealed in the liquid crystal storing space).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kim to incorporate the teachings of Oshikawa and provide a method wherein the substrate heating happens for 1 to 20 minutes and providing a liquid crystal in the filling area to form an electrochromic module. Doing so would allow for better material uniformity, adhesion and stability, thereby improving the overall functionality and quality of the optical system.
Lei teaches a method wherein the metal layers are electroplated to the surface of the substrates ([0070] teaches: electroplating process may be used to electroplate metal, onto the substrate).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kim to incorporate the teachings of Lei and provide wherein the metal layers are electroplated to the surface of the substrates. Doing so would allow for better film uniformity, enhanced electrical connectivity and stronger adhesion, thereby improving the overall functionality and performance of the optical system.
Ballet teaches a method wherein the cavity between the substrates is a leak-proof component to form a filling area between the two conductive films ([0011] teaches: leaktightness of the cavity filled with electrochromic composition).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kim to incorporate the teachings of Ballet and provide wherein the cavity between the substrates is a leak-proof component to form a filling area between the two conductive films. Doing so would allow for better material uniformity, adhesion and stability, thereby improving the overall functionality and quality of the optical system.
Ash teaches a method wherein the electrochromic module has a thickness of between 0.2 mm and 2 mm (Claim 39 teaches: electrochromic mirror, considered the electrochromic module, has a thickness between about 0.5 mm and 1.5 mm, which falls within the claimed range).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kim to incorporate the teachings of Ash and provide a method wherein the electrochromic module has a thickness of between 0.2 mm and 2 mm. Doing so would allow for better structural stability and compactness, thereby improving the overall functionality and quality of the optical system.
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Regarding the, electrochromic lens manufactured by using the method as claimed in claim 1, the applicant is advised that, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 227 USPQ 964, (Fed. Cir. 1985).
Regarding claim 2, the modified Kim discloses an electrochromic lens manufactured by using the method as claimed in claim 1, comprising: the lens body ([0060] discloses: 21, optical lens), having two opposing lens surfaces (Figure 1C depicts: 21, optical lens with two opposing lens surfaces, the concave and convex surfaces); the electrochromic module (Figure 1B depicts: 10, electrochromic device), parallel to the lens body in the predetermined direction (see annotated Figure B above) and attached to one of the lens surfaces (see annotated Figure C above), the electrochromic module including: the two curved substrates (Figure 1 C depicts: 11, first substrate and 16, second substrate), arranged in parallel in the predetermined direction (see annotated Figure C above), the curved substrates each having the first substrate surface and the second substrate surface opposite to the first substrate surface (see annotate Figure A above); the two indium tin oxide transparent conductive films (Figure 1A depicts: 15, second electrode layer; [0075] discloses: 15, second electrode layer, comprise a transparent tin doped indium oxide), electroplated (Lei: [0070] teaches: electroplating process may be used to electroplate metal, onto the substrate; Examiner notes that the same motivation to combine applied to an earlier claim, 1, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged) on the first substrate surface of one of the curved substrates and the second substrate surface of the other one of the curved substrates respectively (see annotated Figure A above, where 12, 15, electrode layers, are disposed on the first surface of one of the curved substrates, 11, substrate, and the second surface of the other one of the curved substrates, 16, substrate, respectively), the indium tin oxide transparent conductive films of the two curved substrates being arranged facing each other (see annotated Figure B above); the leak-proof component (Ballet: [0011] teaches: leaktightness of the cavity filled with electrochromic composition; Examiner notes that the same motivation to combine applied to an earlier claim, 1, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged), disposed between the two curved substrates (Ballet: Figure 2B depicts: leak-proof component disposed between the two curved substrates); the filling area (Figure 1A depicts: 17, sealing layer and 15, 12, electrode layers forming the “filling area”), formed between the two indium tin oxide transparent conductive films (Figure 1A depicts: filling area, between 12, 15, electrode layers that are the indium tin oxide transparent conductive layers); the liquid crystal (Oshikawa: Col. 2, lines 34-35 teach: liquid crystal, sealed in the liquid crystal storing space; Examiner notes that the same motivation to combine applied to an earlier claim, 1, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged), disposed in the filling area (Oshikawa: Figure 1 depicts: 11, liquid crystal storage space, that is filled with the liquid crystal that is considered the filling area); wherein when a voltage is applied to the two indium tin oxide transparent conductive films, the liquid crystal in contact with the indium tin oxide transparent conductive films changes an arrangement and cause the electrochromic module to change a color ([0066] discloses: as voltage is applied between the electrodes, a redox reaction occurs, developing or discharging a color), thereby indirectly changing a light transmittance of the lens body attached to the electrochromic module (Examiner notes that the electrochemical device of Kim is considered to control light that is incident on the lens, therefore considered to indirectly change a light transmittance of the lens body).
Regarding claim 3, the modified Kim discloses the electrochromic lens as claimed in claim 2, wherein the curved substrate is in the form of one of a spherical surface, a hyperboloid surface, a free-form surface and a cylindrical surface ([0044] discloses: desired curved surface shape can be spherical or cylindrical).
Regarding claim 4, the modified Kim discloses the electrochromic lens as claimed in claim 2, wherein the electrochromic module is attached to one of the lens surfaces through an optically clear adhesive or a pressure-sensitive adhesive (PSA) ([0037] discloses: optical lens body can be adhesively formed on the laminated body; [0039] discloses: adhesive may comprise a transparent material; Examiner notes that this is considered to be an optically transparent adhesive resin).
Regarding claim 5, the modified Kim discloses the electrochromic lens as claimed in claim 2, wherein a power supply unit ([0169] discloses: 54, power source; Examiner notes that the power source is considered be used for all embodiments of the present invention) is electrically connected to the two indium tin oxide transparent conductive films ([0170]-[0171] discloses: 54, power source, controls electrode voltages via switches; Examiner notes that the electrodes are considered the two indium tin oxide transparent conductive films), and the power supply unit is a solar cell or a lithium battery ([0173] discloses: 54, power source, may be a button cell and solar cell; therefore considered to be a solar cell power supply unit).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Berlinguette et al. (US 2025/0044658), Hasegawa et al. (US 2021/0033939), Bard et al. (US 2020/0238667), Trajokvska-Broach et al. (US 2014/0327950), Sotzing et al. (US 2013/0235323) and Karhmag et al. (US 2009/0262411) all disclose relevant optical systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Sipes whose telephone number is (703)756-1372. The examiner can normally be reached Monday - Thursday 6:00 - 11:00 and 1:00 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.C.S./Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872