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 .
Response to Amendment
Claims 2-5, 7-15 and 17-22 are currently pending in the present application. Claims 1, 6 and 16 are canceled; claims 2-5, 7-13 and 19-22 are currently amended; and claims 14-15, 17-18 and 19-22 are previously presented. The amendment dated February 9, 2026 has been entered into the record.
Claims 2-5 and 7-12 were previously objected to because of the informalities, claims 2-5, 7-15 and 17-22 were previously rejected under 35 U.S.C. 112(a) and claims 7-8 and 20-21 are rejected under 35 U.S.C. 112(b) were previously rejected under 35 U.S.C. 112(b). The objections and rejections are now withdrawn as the applicant has amended the claims and the specification.
Response to Arguments
(1) The applicant argues that the find hole body from Tomaru is composed of metal oxide and each of Tomaru, Colleman and Whitehead teaches a similar design of a layer with separate flow paths therethrough, thereby none of these layers teach a plurality of interconnected voids therein (the 08/24/2026 Pre-Appeal Brief Conference Remarks, Pages 2-4).
The applicant’s arguments are not persuasive, because the specification does not disclose “interconnected voids” or voids are connected, and the applicant fails to identify support in the specification. Accordingly, the rejections set forth below include 35 U.S.C. 112(a). Regarding the interpretation of “interconnected” in the Office action set forth below, the examiner considers the 08/24/2026 Pre-Appeal Brief Conference Remarks, wherein the applicant states, in Page 5, "a plurality of interconnected voids" would at least include connections between the voids.
(2) The applicant further argues that the inclusion of the membrane of Whitehead in the system of Tomaru would constitute change in operating principle, e.g., Tomaru would need to rely on movement of particles to adjust light reflectance, and their respective systems operate via different principles (the 08/24/2026 Pre-Appeal Brief Conference Remarks, Pages 4-5).
The examiner respectively disagrees because movement of particles in a fluid and movement of a fluid require the same operating principle, i.e., the movement of a fluid. Furthermore, Tomaru explicitly states, in Para. [0049], “Examples of the liquids include … various solutions containing solutes … dissolved in inorganic solvents and/or organic solvents”, teaching various solutions dissolved in solvents may be used as a fluid.
(3) The applicant argues that “Tomaru does not teach or suggest a fluid can be used to reversibly wet the porous structured polymer foam layer. Instead, Tomaru merely teaches that the light transmissive fine hole body can be changed over between an empty state and a filled state by filling and discharging the light transmissive substance from the fine holes” (the 02/09/2026 Remarks, Pages 11-12) .
The examiner notes that Tomaru teaches a fluid can be used to reversibly wet the porous structured polymer foam layer (Paras. [0049] “the light transmissive substance 22 should preferably be selected from fluidal substances, i.e. liquids” and [0078] “22 is capable of being introduced into the fine holes 21, 21, . . . and is capable of being discharged from the fine holes 21, 21”).
(4) The applicant argues that “Specifically, Whitehead does not teach or suggest a porous structured polymer foam layer including a plurality of interconnected voids therein” (the 02/09/2026 Remarks, Page 12).
Regarding “a plurality of interconnected voids”, see 35 U.S.C. 112(a) set forth below.
(5) The applicant further argues that “Additionally, there is no teaching or suggestion that the membrane of Whitehead, taught to be suitable merely for the purpose of facilitate transport of light absorbing particles from one side thereof to the other, would be suitable for use in Tomaru as the fine hole body” (the 02/09/2026 Remarks, Page 13).
The examiner notes that both Tomaru and Whitehead teach a light transmissive substance can be liquids such as water (Tomaru: Para. [0049], Whitehead: Para. [0034]).
(6) The applicant’s arguments regarding claim 13 in Pages 13-16 are essentially same as the arguments already stated regarding claim 2 in Pages 10-13. Please see the examiner’s responses in (1) through (4) above.
(7) The applicant’s arguments regarding claim 3, 5, 8-9, 11, 13, 15 and 19-21 in Pages 16-24 same as the arguments already stated in the Remarks dated 09/29/2025 in Pages 11-19 and the Remarks dated 04/30/2025 in Pages 13-21. Please see the examiner’s responses in the Office action dated 05/29/2025, at least Pages 3-4.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-5, 7-15 and 17-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The 2/9/2026 amendment to claim 2 specifies "a porous structured polymer foam layer including a plurality of interconnected voids therein". The 2/9/2026 Remarks filed with the amendment fails to disclose support, wherein the pre-appeal brief conference request dated 8/24/2026 also fails to disclose support but merely states "a plurality of interconnected voids" would at least include connections between the voids. Note that the specification does not disclose the features of claim 2 with the amended claim limitations as a whole, and cannot be used to support the newly added clam limitations.
Claims 3-5, 7-12 and 22 are rejected because they depend upon claim 2; they are likewise rejected under the same rationale as that set forth above with respect to claim 2.
<Figure 2A of the present application>
[AltContent: textbox (Fig. 2A illustrates voids 202 (the dark area surrounded by the white line, i.e., polymer 200) separated or discreet, where the term “interconnected voids” are not recited in the specification.)]
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With respect to newly added or amended claims, applicant should show support in the original disclosure for the new or amended claims. See, e.g., Hyatt v. Dudas, 492 F.3d 1365, 1370, n.4, 83 USPQ2d 1373, 1376, n.4 (Fed. Cir. 2007) (citing MPEP § 2163.04 which provides that a "simple statement such as ‘applicant has not pointed out where the new (or amended) claim is supported, nor does there appear to be a written description of the claim limitation ‘___’ in the application as filed’ may be sufficient where the claim is a new or amended claim, the support for the limitation is not apparent, and applicant has not pointed out where the limitation is supported."); see also MPEP §§ 714.02 and 2163.06 ("Applicant should ... specifically point out the support for any amendments made to the disclosure.").
The 2/9/2026 amendment to claim 13 specifies "a porous structured polymer foam layer including a plurality of interconnected voids therein". The 2/9/2026 Remarks filed with the amendment fails to disclose support, wherein the pre-appeal brief conference request dated 8/24/2026 also fails to disclose support but merely states "a plurality of interconnected voids" would at least include connections between the voids. Note that the specification does not disclose the features of claim 13 with the amended claim limitations as a whole, and cannot be used to support the newly added clam limitations.
Claims 14-15 and 17-18 are rejected because they depend upon claim 13; they are likewise rejected under the same rationale as that set forth above with respect to claim 13.
The 2/9/2026 amendment to claim 19 specifies "a porous structured polymer foam layer including a plurality of interconnected voids therein". The 2/9/2026 Remarks filed with the amendment fails to disclose support, wherein the pre-appeal brief conference request dated 8/24/2026 also fails to disclose support but merely states "a plurality of interconnected voids" would at least include connections between the voids. Note that the specification does not disclose the features of claim 19 with the amended claim limitations as a whole, and cannot be used to support the newly added clam limitations.
Claim 20 is rejected because it depends upon claim 19; it is likewise rejected under the same rationale as that set forth above with respect to claim 19.
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 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, 4, 7, 10, 12-14, 17 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Tomaru (US 2006/0281018), of record, in view of Whitehead (US 2016/0139478), of record, and in further view of Reyes (US 20140328884).
Regarding claim 2, Tomaru discloses a switchable light transmission module (Fig. 3B; Para. [0041]), comprising:
a light-permeable cover (51; Para. [0082]);
a substrate (52) having a first surface defining an enclosed volume between the light-permeable cover and the substrate (Fig. 3B, see the surface on 52 defining a volume between 51 and 52);
a porous structured layer (20; Para. [0048] “light transmissive fine hole body 20 has a plurality of fine holes 21”) including a plurality of voids (fine holes 21) therein, the porous structured layer disposed on the first surface and in fluid communication with the enclosed volume (Para. [0078] “22 is capable of being introduced into the fine holes 21, 21, . . . of the light transmissive fine hole body 20 from the side of the first reflecting body 10 and/or the side of the second reflecting body 30 and is capable of being discharged from the fine holes 21, 21”);
a reservoir (53, 54, 55, 56; Para. [0090]) in fluid communication with the enclosed volume via one or more conduits (see channels formed between reservoir(s) and 20 in Fig. 3B); and
a fluid (22; Para. [0049]);
the reservoir being configured to supply the fluid to and withdraw the fluid from the enclosed volume to reversibly wet the porous structured layer (Para. [0078] “22 is capable of being introduced into the fine holes 21, 21 … is capable of being discharged from the fine holes 21, 21 … is capable of being altered easily”).
Tomaru does not explicitly disclose the porous structured layer being a porous structured polymer foam layer, wherein the fluid has a refractive index that is within about 30% of the refractive index of the porous structured polymer foam layer.
However, Whitehead teaches a porous structured layer includes a porous structured polymer layer (216 in Fig. 6; Para. [0035] “a porous continuous membrane 216”), wherein the fluid has a refractive index that is within about 30% of the refractive index of the porous structured polymer foam layer (see Paras. [0034]-[0035] teaching using water for the fluid and using polytetrafluoroethylene for the porous layer; note that a foam layer is broadly classified into two distinct structural types in which it includes interconnected or discreet voids).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the porous structured layer as disclosed by Tomaru with the teachings of Whitehead, to have the porous structured layer being a porous structured polymer foam layer, wherein the fluid has a refractive index that is within about 30% of the refractive index of the porous structured polymer foam layer, for the purpose of using a known porous layer and a known fluid to alter optical properties (Whitehead: Para. [0021]).
Tomaru fails to explicitly disclose the plurality of voids is a plurality of interconnected voids (see 112(a) rejections above).
However, Reyes teaches polymer architectures include a plurality of interconnected voids, or a plurality of discrete voids, or a combination thereof (Figs. 2A-2D; Paras. [0052]-[0053]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the porous structured layer as disclosed by Tomaru with the teachings of Reyes, wherein the plurality of voids is a plurality of interconnected voids, for the purpose of using a desired void space architecture for controlled release vehicles (Reyes: Para. [0054]).
Regarding claim 4, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 2 above.
Tomaru does not explicitly disclose the fluid has a refractive index that is within about 15% of the refractive index of the porous structured polymer foam layer.
However, Whitehead teaches a porous structured layer includes a porous structured polymer layer (216 in Fig. 6; Para. [0035] “a porous continuous membrane 216”), wherein the fluid has a refractive index that is within about 15% of the refractive index of the porous structured polymer foam layer (see Paras. [0034]-[0035] teaching using water and polytetrafluoroethylene).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the refractive index as disclosed by Tomaru with the teachings of Whitehead, to have the fluid has a refractive index that is within about 15% of the refractive index of the porous structured polymer foam layer, for the purpose of using a known porous layer and a known fluid to alter optical properties (Whitehead: Para. [0021]).
Regarding claim 7, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 2 above, and Tomaru further discloses the plurality of interconnected voids having cross-sectional dimensions of less than 2 micrometers (Para. [0053]) (Regarding the term “interconnected voids”, see Para. [0053] of Reyes above).
Regarding claim 10, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 2 above, and Tomaru further discloses wherein the substrate is light-permeable (Para. [0082]).
Regarding claim 12, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 2 above, and Tomaru further discloses wherein the fluid is an alcohol, ethanol, isopropanol, glycerol, water, salt solution, or combinations thereof (see Para. [0049]).
Regarding claim 13, Tomaru discloses a method for controlling the transmission of light (Fig. 3B; Para. [0041]) to a substrate (52), the method comprising:
providing a switchable light transmission module (Fig. 3B) including:
a substrate (52) having a first surface defining at least part of an enclosed volume (Fig. 3B, see the surface on 52 defining a volume between 51 and 52);
a porous structured layer (20; Para. [0048] “light transmissive fine hole body 20 has a plurality of fine holes 21”) including a plurality of voids (fine holes 21) therein, disposed on the first surface; and
a reservoir (53, 54, 55, 56; Para. [0090]) in fluid communication with the enclosed volume via one or more conduits (see channels formed between reservoir(s) and 20 in Fig. 3B), the reservoir being configured to supply fluid to the enclosed volume such that the fluid wets the porous structured layer and withdraw the fluid from the enclosed volume to dry the porous structured layer (Para. [0078] “22 is capable of being introduced into the fine holes 21, 21 … is capable of being discharged from the fine holes 21, 21 … is capable of being altered easily”),
providing a fluid (22; Para. [0049]);
wetting the porous structured layer with the fluid (Para. [0078]); and
withdrawing the fluid from the enclosed volume to the reservoir (Para. [0078]).
Tomaru does not necessarily disclose the porous structured layer being a porous structured polymer foam layer, and the fluid having a refractive index that is within about 30% of the refractive index of the porous structured polymer foam layer.
However, Whitehead teaches a porous structured layer includes a porous structured polymer layer (216 in Fig. 6; Para. [0035] “a porous continuous membrane 216”), wherein the fluid has a refractive index that is within about 30% of the refractive index of the porous structured polymer foam layer (see Paras. [0034]-[0035] teaching using water for the fluid and using polytetrafluoroethylene for the porous layer; note that a foam layer is broadly classified into two distinct structural types in which it includes interconnected or discreet voids).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the refractive index as disclosed by Tomaru with the teachings of Whitehead, to have the porous structured layer being a porous structured polymer foam layer, and the fluid having a refractive index that is within about 30% of the refractive index of the porous structured polymer foam layer, for the purpose of using a known porous layer and a known fluid to alter optical properties (Whitehead: Para. [0021]).
Tomaru fails to explicitly disclose the plurality of voids is a plurality of interconnected voids (see 112(a) rejections above).
However, Reyes teaches polymer architectures include a plurality of interconnected voids, or a plurality of discrete voids, or a combination thereof (Figs. 2A-2D; Paras. [0052]-[0053]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the porous structured layer as disclosed by Tomaru with the teachings of Reyes, wherein the plurality of voids is a plurality of interconnected voids, for the purpose of using a desired void space architecture for controlled release vehicles (Reyes: Para. [0054]).
Regarding claim 14, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 13 above.
Tomaru does not explicitly disclose the fluid has a refractive index that is within about 15% of the refractive index of the porous structured polymer foam layer.
However, Whitehead teaches a fluid has a refractive index that is within about 15% of the refractive index of the porous structured polymer foam layer (see Paras. [0034]-[0035] teaching using water and polytetrafluoroethylene).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the refractive index as disclosed by Tomaru with the teachings of Whitehead, to have the fluid has a refractive index that is within about 15% of the refractive index of the porous structured polymer foam layer, for the purpose of using a known porous layer and a known fluid to alter optical properties (Whitehead: Para. [0021]).
Regarding claim 17, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 13 above, and Tomaru further discloses wherein the fluid is an alcohol, ethanol, isopropanol, glycerol, water, salt solution, or combinations thereof (Para. [0049]).
Regarding claim 22, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 2 above, and Tomaru further discloses wherein the porous structured polymer foam layer is a film (Para. [0058]).
Claims 3, 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Tomaru in view of Whitehead and Reyes, and in further view of Coleman (US 2018/0059690), of record.
Regarding claim 3, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 2 above.
Tomaru does not discloses the substrate, the light-permeable cover, or combination thereof, is flexible.
However, Coleman teaches supporting members of a light modulating module are flexible (Para. [0162]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the switchable light transmission module as disclosed by Tomaru with the teachings of Coleman, wherein the substrate, the cover, or combination thereof, is flexible, for the purpose of providing support for maintaining separation between two or more surfaces sufficient to enable fluid flow between the surfaces or within a channel, in which fluid pressure can be increased (Coleman: Paras. [0117], [0161]).
Regarding claim 9, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 2 above.
Tomaru does not explicitly disclose the substrate includes building materials, glass, plastic, metal, textile, a window, a skylight, siding, roofing, decking, or combinations thereof.
However, Coleman further teaches placing a fluid transfer component between two glass sheets (Para. [0118]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the substrate as disclosed by Tomaru with the teachings of Coleman, wherein the substrate includes building materials, glass, plastic, metal, textile, a window, a skylight, siding, roofing, decking, or combinations thereof, for the purpose of considering a thermal transfer component exposed to the outer ambient environment (Coleman: Para. [0118]).
Regarding claim 18, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 13 above.
Tomaru does not explicitly disclose the substrate includes building materials, glass, plastic, metal, textile, a window, a skylight, siding, roofing, decking, or combinations thereof.
However, Coleman further teaches placing a fluid transfer component between two glass sheets (Para. [0118]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the substrate as disclosed by Tomaru with the teachings of Coleman, wherein the substrate includes building materials, glass, plastic, metal, textile, a window, a skylight, siding, roofing, decking, or combinations thereof, for the purpose of considering a thermal transfer component exposed to the outer ambient environment (Coleman: Para. [0118]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tomaru in view of Whitehead and Reyes, and in further view of Drogan (US 2007/0071971), of record.
Regarding claim 5, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 2 above.
Tomaru does not discloses the substrate has a color that is darker than the color of the porous layer.
However, Drogan teaches providing highlighting film substances made of darker colored material and applying them to areas around portions of a substrate (Para. [0029] “provide highlighting film substances made from light-absorbing and/or darker colored materials and applying them to areas around the portions of a substrate needing accent or emphasis”).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the substrate as disclosed by Tomaru with the teachings of Drogan, to have the substrate has a color that is darker than the color of the porous layer, for the purpose of blocking out underlying portions of a substrate as needed (Drogan: Para. [0029], Claim 2).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Tomaru in view of Whitehead and Reyes, and in further view of Nakano (US 2007/0029256), of record.
Regarding claim 8, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 6 above.
Tomaru does not necessarily discloses the plurality of interconnected voids having cross-sectional dimensions between 3 micrometers to 20 micrometers.
However, Nakano teaches a value of an average pore diameter D (μm) is preferably 0.8≦D≦10 (Para. [0091]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the porous layer as disclosed by Tomaru with the teachings of Nakano, wherein the plurality of interconnected voids have cross-sectional dimensions of less than 2 micrometers, for the purpose of effectively separating different cells from each other (Nakano: Para. [0092]).
Claims 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Tomaru in view of Whitehead and Reyes, and in further view of Chandrasekhar (US 2014/0268283), of record.
Regarding claim 11, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 2 above.
Tomaru does not discloses the porous structured polymer foam layer has a hemispherical reflectance of from 50% to 99% for radiation having a wavelength from 0.35 to 2.5 micrometers, a hemispherical thermal emittance of at least 75% for radiation having a wavelength from about 8 to about 13 micrometers, or combinations thereof.
However, Chandrasekhar teaches a switchable electrochromic device (Figs. 1-3; Paras. [0034]-[0036]), and a total hemispherical reflectance of from about 50% to 95% having a wavelength from 0.25 to 2.5 micrometers (Fig. 3 and Para. [0036]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the porous layer as disclosed by Tomaru with the teachings of Chandrasekhar, wherein the porous layer has a hemispherical reflectance of from 50% to 99% for radiation having a wavelength from 0.35 to 2.5 micrometers, a hemispherical thermal emittance of at least 75% for radiation having a wavelength from about 8 to about 13 micrometers, or combinations thereof, for the purpose of modulating light in both the visible and IR regions (Chandrasekhar: Paras. [0005]-[0006]).
Regarding claim 15, Tomaru as modified by Whitehead and Reyes discloses the limitations of claim 13 above.
Tomaru does not discloses the porous structured polymer foam layer has a hemispherical reflectance of from 50% to 99% for radiation having a wavelength from 0.35 to 2.5 micrometers, a hemispherical thermal emittance of at least 75% for radiation having a wavelength from about 8 to about 13 micrometers, or combinations thereof.
However, Chandrasekhar teaches a switchable electrochromic device (Figs. 1-3; Paras [0034]-[0036]), and a total hemispherical reflectance of from about 50% to 95% having a wavelength from 0.25 to 2.5 micrometers (Fig. 3 and Para. [0036]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the porous layer as disclosed by Tomaru with the teachings of Chandrasekhar, wherein the porous structured polymer layer has a hemispherical reflectance of from 50% to 99% for radiation having a wavelength from 0.35 to 2.5 micrometers, a hemispherical thermal emittance of at least 75% for radiation having a wavelength from about 8 to about 13 micrometers, or combinations thereof, for the purpose of modulating light in both the visible and IR regions (Chandrasekhar: Paras. [0005]-[0006]).
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Coleman in view of Whitehead, and in further view of Reyes.
Regarding claim 19, Coleman discloses a fluid heating and cooling system (Figs. 9-10; see Para. [0309] “FIGS. 9 and 10 are perspective views of portions of an embodiment of a fluid transfer system comprising a fluid transfer component 903 a and 903 b in two different optical states”; see also Para. [0118] teaching a fluid transfer component comprising a light reflective porous material) comprising:
a substrate (903a, 903b; Paras. [0309] “a fluid transfer component 903 a and 903 b”, [0113] “the fluid transfer component comprises a polymeric film substrate having a first major surface and a second major surface”) having a first light-permeable surface (Para. [0118] “the outer light receiving surface of a fluid transfer component”) defining at least part of an enclosed volume (see the enclosed volume created by 903a and 903b);
a porous structured layer (20; Paras. [0048] “light transmissive fine hole body 20 has a plurality of fine holes 21”, [0118] “a light reflective porous material is positioned between the opposite major surface of the fluid transfer component (the surface opposite the light receiving surface) and the interior fluid flow channels”) including a plurality of voids (fine holes 21), the porous structured layer disposed on the first light-permeable surface and in fluid communication with the enclosed volume;
a reservoir (901; Para. [0309] “901 to supply and receive a fluid from a fluid transfer component 903 a and 903 b”) in fluid communication with the enclosed volume (903a has an enclosed volume) and including a first fluid (Para. [0309] “a light reflecting liquid may be transferred”), the reservoir being configured to supply the first fluid to and withdraw the first fluid from the enclosed volume to reversibly wet the porous structured layer (Para. [0309] “901 to supply and receive a fluid from a fluid transfer component 903 a and 903 b”); and
a source (901; Para. [0309] “901 to supply and receive a fluid from a fluid transfer component 903 a and 903 b”) of a second fluid (Para. [0309] “a light absorbing fluid that is transferred by the flow source 901”) in fluid communication with a cooling conduit and a heating conduit (the outer surface of 903a being a cooling conduit and the inner surface of 903b being a heating conduit; see Para. [0309] “On hot days, the fluid transfer component 903 a is in a light reflecting optical state such that it reflects solar radiation 904 as shown in FIG. 9 to help keep the house cool. On cold days, the fluid transfer component 903 b is in a light absorbing state such that it absorbs solar radiation 904 as shown in FIG. 10”); the cooling conduit is proximate to the porous structured layer (see the outer surface of 903a and Para. [0118] “a light reflective porous material is positioned between the opposite major surface of the fluid transfer component (the surface opposite the light receiving surface) and the interior fluid flow channels”), and the heating conduit is positioned to receive light transmitted through the substrate (see the inner surface of 903b in Fig. 10, in which 904 is transmitted through 903b).
Coleman does not necessarily disclose the porous structured layer being a porous structured polymer foam layer, wherein the fluid has a refractive index that is within about 30% of the refractive index of the porous structured polymer foam layer.
However, Whitehead teaches a porous structured layer includes a porous structured polymer layer (216 in Fig. 6; Para. [0035] “a porous continuous membrane 216”), wherein the fluid has a refractive index that is within about 30% of the refractive index of the porous structured polymer foam layer (see Para. [0034]-[0035] teaching using water for the fluid and using polytetrafluoroethylene for the porous layer; note that a foam layer is broadly classified into two distinct structural types in which it includes interconnected or discreet voids).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the refractive index of as disclosed by Coleman with the teachings of Whitehead, to have the porous structured layer being a porous structured polymer foam layer, wherein the fluid has a refractive index that is within about 30% of the refractive index of the porous structured polymer foam layer, for the purpose of using a known porous layer and a known fluid to alter optical properties (Whitehead: Para. [0021]).
Coleman fails to explicitly disclose the plurality of voids is a plurality of interconnected voids (see 112(a) rejections above).
However, Reyes teaches polymer architectures include a plurality of interconnected voids, or a plurality of discrete voids, or a combination thereof (Figs. 2A-2D; Paras. [0052]-[0053]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the plurality of voids as disclosed by Coleman with the teachings of Reyes, wherein the plurality of voids is a plurality of interconnected voids, for the purpose of using a desired void space architecture for controlled release vehicles (Reyes: Para. [0054]).
Regarding claim 20, Coleman as modified by Whitehead and Reyes discloses the limitations of claim 19 above, and Coleman further discloses wherein the porous structured polymer foam layer is not in electrical communication with one or more electrodes (Para. [0218] “This electrode-less optical control of the Marangoni effect provides reconfigurable manipulations of fluid flow … Examples of fluid flow control by the Marangoni effect are disclosed in U.S. Pat. No. 7,939,811, the contents of which are incorporated by reference herein”).
Regarding claim 21, Coleman as modified by Whitehead and Reyes discloses the limitations of claim 19 above, and Coleman further discloses wherein fluid volume in the enclosed volume is reduced when the fluid is in the reservoir (Paras. [0309] “901 to supply and receive a fluid from a fluid transfer component 903 a and 903 b” and [0224] “In one embodiment, the fluid transfer component comprises one or more reservoirs that comprise one or more transfer fluids in one or more optical states, thermal states ... In one embodiment, more than one fluid is stored in the same reservoir” teaching 901 of a fluid transfer system can add or reduce a fluid in 903 a and 903 b).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN Y JUNG whose telephone number is (469)295-9076. The examiner can normally be reached on Monday - Friday, 9:00 am - 5:00 pm.
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/JONATHAN Y JUNG/Primary Examiner, Art Unit 2871
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