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 Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1 – 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHI (CN 115793338 A, “SHI”) in view of KLEIN (US 20230042594 A1, “KLEIN”).
Regarding claim 1, SHI discloses (Fig. 3, 6, 9 &11) an electrochromic variable-transmittance glass, comprising: an electrochromic variable-transmittance film device (100), at least two pieces of glass ((500, 700) para [0070]), and laminating adhesive (400, 600, 800) (SHI discloses "When the first base layer 120 and the second base layer 160 are flexible materials, a first adhesive layer 400 and a first substrate layer 500 are sequentially arranged on the side of the first base layer 120 away from the first conductive layer 130, and a second adhesive layer 600 and a second substrate layer 700 are sequentially arranged on the side of the second base layer 160 away from the second conductive layer 150." ([0069]; FIG. 11)), wherein: the laminating adhesive is positioned on each opposing surface of the two pieces of glass, and on sides of the electrochromic variable-transmittance film device, the electrochromic variable-transmittance film device is sandwiched between the two pieces of glass and enclosed by the laminating adhesive (Adhesive layer 400 is on the inner surface of glass 500, and adhesive layer 600 is on the inner surface of glass 700, with device 100 between them ([0069]; FIG. 11). SHI further states: "Meanwhile, the gaps between the first substrate layer 500, the electrochromic device 100 and the second substrate layer 700 are filled with a sealing member 800, for fixing the first substrate layer 500, the electrochromic device 100 and the second substrate layer 700 and forming electrochromic glass." ([0069]).
SHI also states: "The material of the sealing member includes conventional adhesives in the art having insulating and water-oxygen barrier effects, such as any one of pressure-sensitive adhesive, hot-melt adhesive, UV-curing adhesive, heat-curing adhesive, or UV-heat dual-curing adhesive." ([0071]).
Under the broadest reasonable interpretation, adhesive layers 400 and 600 together with adhesive sealing member 800 constitute "laminating adhesive." All three are adhesives that fix device 100 to glass 500 and 700. Member 800 fills the space along the sides of device 100, and together these adhesives enclose device 100 between the two pieces of glass (FIG. 11), the electrochromic variable-transmittance film device comprises a conductive tape electrode {para [0048] (170 / 180)}, and a protective layer (110), the conductive tape electrode is positioned on a conductive substrate {para [0039] (130 / 150)} of the electrochromic variable-transmittance film device, and the protective layer (110) covers and seals the conductive tape electrode (170 / 180) onto the conductive substrate (SHI states: "To improve the stability of the electrochromic device 100, the edge-sealing structure 110 is adhered to the surface of the first conductive layer 130 and the surface of the second conductive layer 150." [0051]. SHI further states: "The edge-sealing structure 110 may also at least partially cover the first conductive part 170 and the second conductive part 180." ([0066]; FIGS. 3, 6, 9)).
SHI does not explicitly show a lead-out electrode, the lead-out electrode is positioned on the conductive substrate or the conductive tape electrode, conductively connected with the conductive tape electrode, and extended out of the two pieces of glass for connection to an external power source.
However, SHI discloses (para [0048] and [0050]) that a conductive part is used for electrical connection to an external power supply, and in order to achieve this connection, a lead-out electrode is provided, which is provided on a conductive substrate or a conductive tape electrode and is in communication with the conductive tape electrode and extends outside the glass for connection to an external power supply, as is conventional in the art.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified SHI to provide the lead-out electrode is positioned on the conductive substrate or the conductive tape electrode, conductively connected with the conductive tape electrode, and extended out of the two pieces of glass for connection to an external power source. Doing so would provide an electrical connection point to external devices (para [0048] and [0049]).
Also, KLEIN discloses "The PVB-intermediate layers 3a and 3b, which connect the two glass panes, are arranged between the outer pane 1 and the inner pane 2. The PDLC element 4 is incorporated into the intermediate layers." (FIG. 5). A functional film incorporated into PVB intermediate layers that bond the two panes is surrounded by those layers on its faces and sides.
It would have been obvious to laminate device 100 of CN SHI between glass 500 and 700 using a single conventional interlayer, such as PVB, that surrounds the device, in place of separate adhesive layers 400/600 and sealing member 800. KLIEN show that incorporating a switchable or electrochromic film within the interlayer that bonds two glass panes is a known lamination technique. SHI already contemplates an interlayer material (SGP) as its adhesive ([0071]). Substituting one known glass-lamination technique for another yields the predictable result of bonding the device between the glass pieces
KLEIN also discloses "For electrical contacting, electrical cables are usually connected to the bus bars of the functional elements and guided out of the assembly via the side edge." KELIN further states: "The outer bus bar 10a is routed to the connector for connection to the power supply." KLEIN's bus bar is a tape-type electrode: "A strip of copper or a copper alloy is, for example, suitable. The bus bar implemented as a metal strip is usually connected to the surface electrode via an electrically conductive intermediate layer, e.g., a silver layer." The cables connected to the copper-strip bus bars and guided out of the laminated glass assembly correspond to the claimed lead-out electrode positioned on and conductively connected with the conductive tape electrode. It would have been obvious to connect a cable to conductive parts 170 and 180 of SHI and guide it out of the laminated glass, as taught by KLEIN. SHI requires that conductive parts 170 and 180 be connected to an external power source (para [0048], [0050]). In the laminated glass of FIG. 11, those parts are enclosed between glass 500 and 700, so a conductor must run from them to the outside of the glass. KLEIN shows that a cable connected to a copper-strip bus bar and guided out through the laminate edge is the conventional way to power a switchable film laminated in glass. Applying this known technique to the similar device of SHI yields the predictable result of supplying power to the electrochromic device.
Regarding claim 2, SHI in view of KLEIN discloses the electrochromic variable-transmittance glass according to claim 1, wherein the protective layer (110) is selected from at least one of protective film and protective adhesive, the protective film being one of polyethylene terephthalate film, polyimide film, polypropylene film, polyethylene film, or epoxy resin film, and the protective adhesive being one of epoxy resin, UV-curable adhesive, two-component mixed-curing adhesive, conductive silver adhesive, or conductive copper adhesive (See Embodiment 8: 24th paragraph).
Regarding claim 3, SHI in view of KLEIN discloses the electrochromic variable-transmittance glass according to claim 1, wherein the thickness of the protective layer is between 10 micrometers to 1000 micrometers (See Embodiment 8: 1st paragraph).
Regarding claim 4, SHI in view of KLEIN discloses the electrochromic variable-transmittance glass according to claim 1, wherein at least one end of the conductive tape electrode (170 / 180) includes conductive glue (See Embodiment 8: 25th paragraph).
Regarding claim 5, SHI in view of KLEIN discloses the electrochromic variable-transmittance glass according to claim 1, wherein the protective layer is selected from protective film or protective adhesive, wherein the protective adhesive covers and seals the conductive tape electrodes onto the conductive substrate, and the protective film covers the protective adhesive (See Fig. 3).
Regarding claim 6, SHI in view of KLEIN discloses the electrochromic variable-transmittance glass according to claim 5, wherein the electrochromic variable-transmittance film device (140) is sandwiched between conductive substrates (130 / 150) on both upper and lower sides, the protective film extending between the conductive substrates and the laminating adhesive, and covering portions of the upper and lower sides of the conductive substrates (See Embodiment 1 and Fig. 3).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDI MOHAMED MAIGA whose telephone number is (703)756-1870. The examiner can normally be reached Monday - Friday 8 am 5 pm.
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/SIDI M MAIGA/
Examiner, Art Unit 2847
/STEVEN T SAWYER/Primary Examiner, Art Unit 2847
