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 .
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 6/4/2024. An initialed copy is attached to this Office Action.
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 21-23 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.
Claims 21-23 are dependent from apparatus claims and disclose a method of using the optoelectronically dynamic element. The method of using an apparatus cannot be included in the apparatus claims and are therefore indefinite. The MPEP 2173.05 (II. Product by Process In The Same Claim) states that a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite. Claim 21 recites the limitation "applying a voltage ranging from -3.0V to -0.1V to the optoelectronically dynamic element to form the opaque zinc-containing coating on the transparent working electrode thereby convert the transparent working electrode to a non-transparent working electrode; and applying a voltage ranging from +0.1V to +2.0V to the optoelectronically dynamic element to remove the opaque zinc-containing coating thereby converting the non-transparent working electrode back to the transparent working electrode.
Therefore the examiner is precluded from examining the limitations set forth in claims 21-23, as such, they are not afforded patentable weight
Allowable Subject Matter
Claims 1-20 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior art of record fails to teach or fairly suggest to one of ordinary skill in the art at the time of the invention, in conjunction with all the other claimed limitation, an optoelectronically dynamic element having all the claimed features of applicant's instant invention, specifically including: a non-aqueous zinc-based electrolyte positioned between the first working electrode surface and the first counter electrode surface, the non-aqueous zinc-based electrolyte comprising (i) a polar aprotic solvent and (ii) a zinc salt and/or ions thereof, wherein (i) the first working electrode surface faces the first counter electrode surface, and (ii) wherein the transparent working electrode comprises an opaque zinc-containing coating deposited directly or indirectly on the first working electrode surface when a voltage ranging from -3.0V to -0.1V is applied to the optoelectronically dynamic element, as set forth in the claims.
Shi, Zhong-ning (CN 115491722) discloses method for preparing metal zinc in solvent salt electrolyte low temperature, the invention adopts the ethylene carbonate polar solvent has good solubility, and electrolyte preparation is simple, short flow, can prepare metal zinc in non-aqueous medium. However, Zhong-ning is silent in regards to the electrolytic solution having a zinc salt and a polar aprotic solvent and a particle voltage within the claimed range to the working electrode.
Strand et al. (2022/0128878) discloses a reversible metal electrodeposition (RME) for use in dynamic windows. An dynamic window device may include a transparent or translucent conductive electrode, an electrolyte comprising metal cations in solution that can be reversibly electrodeposited onto the transparent or translucent conductive electrode, and a counter electrode is also included, where the electrolyte is sandwiched between the electrodes. Miyazaki is also silent in regards to the electrolytic solution having a zinc salt and a polar aprotic solvent and a particle voltage within the claimed range to the working electrode.
Claims 2-20 are dependent from claim 1 and are allowable for the reasons given above.
Conclusion
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/BRANDI N THOMAS/Primary Examiner, Art Unit 2872
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