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
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2-3, 6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over CN 114074535 A (cited by applicant).
Regarding claim 1, CN 114074535 A discloses a visor assembly for an automobile comprising: an outer perimeter (the body of the liquid crystal sun visor 1 as shown in Figure 4 on page 4 in the paragraph starting with
“An embodiment of the present invention”); an electrochromic device (electrochromic structure 3 as shown in Figure 4 on page 5 in the last two paragraphs) configured to switch between a transparent state and a darkened state (“Specifically when a voltage is applied to the electrochromic structure, the color of the electrochromic structure becomes dark; when the voltage is removed the electrochromic structure, the color of the electrochromic structure becomes transparent” on page 5) the electrochromic device (electrochromic structure 3 as shown in Figure 4) comprising: a first substrate (first transparent conductive layer 311 as shown in Figure 6 on page 5 in the paragraph starting with “Optionally, as shown in FIG. 6”) defining a first element surface and a second element surface; a second substrate (second transparent conductive layer 315 as shown in Figure 6 on page 5 in the last two paragraphs) spaced away from the first substrate (first transparent conductive layer 311 as shown in Figure 6) and defining a third element surface and a fourth element surface; and an electroactive medium (electrochromic layer 312 as shown in Figure 6 on page 5 the last paragraph) positioned between the first and second substrates (first transparent conductive layer 311 and second transparent conductive layer 315 as shown in Figure 6); a liquid-crystal device (liquid crystal cell 12 as shown in Figure 8 on page 4 in the paragraph starting with “An embodiment of the present invention”) configured to switch between a transparent state and a reflective state (as shown in Figure 3 takes the sun visor in a mirror effect state; the mechanical control structure (not show in Figure 3) is used to control the light shielding sheet 2 to be located on the side of the reflective polarizing layer 13 away from the liquid crystal cell 12 when the liquid crystal sunshade body is in a mirror effect state; when the body of the liquid crystal sunshade 1 is in a light-transmitting state, the light shield sheet 2 is controlled so that the orthographic projection of the light blocking sheet 2 on the liquid crystal sunshade 1 does not overlap with the liquid crystal sunshade 1 on the bottom of page 4 and top of page 5); and a reflective polarizer (reflective polarizing layer 13 as shown in Figure 3 on page 4 in the paragraph starting with “An embodiment of the present invention”) positioned between the electrochromic device (electrochromic structure 3 as shown in Figure 4) and the liquid-crystal device (liquid crystal cell 12 as shown in Figure 8).
Regarding claim 2, CN 114074535 A discloses the visor assembly of claim 1, including a connection member coupled to the electrochromic device and configured to pivot between a stowed position and an extended position
(as shown in Figure 4 the liquid crystal sun visor body (1) is connected with a light-shielding structure (2) is an electrochromic structure (3) through a rotating shaft mechanism A).
Regarding claim 3, CN 114074535 A discloses the visor assembly of claim 2, including a frame connected to the outer perimeter and wherein the connection member is connected to the frame (as shown in Figure 4 the liquid crystal sun visor body (1) is connected with a light-shielding structure (2) is an electrochromic structure (3) through a rotating shaft mechanism A).
Regarding claim 6, CN 114074535 A discloses the visor assembly of claim 1, but does not show wherein the electrochromic device includes an EC outer perimeter and the liquid-crystal device includes an LC outer perimeter completely within the EC outer perimeter
Merely a variation of the size of the electrochromic structure 3 and the liquid crystal cell 12 as shown in Figure 8.
Regarding claim 6, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the electrochromic device of CN 114074535 A includes an EC outer perimeter and the liquid-crystal device includes an LC outer perimeter completely within the EC outer perimeter, with a reasonable expectation of success is merely a variation of the size of the electrochromic structure and the liquid crystal cell.
In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package “of appreciable size and weight requiring handling by a lift truck” were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) (“mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled.” 531 F.2d at 1053, 189 USPQ at 148.).
Regarding claim 10, CN 114074535 A discloses the visor assembly of claim 1, wherein the liquid-crystal device (liquid crystal cell 12) is located on a viewing surface side of the electrochromic device (electrochromic structure 3) as shown in Figure 8.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over CN 114074535 A (cited by applicant) in view of KR 20-0485022 Y1
(cited by applicant).
Regarding claims 4 and 5, CN 114074535 A discloses the visor assembly of claim 1, but does not show wherein the outer perimeter is embedded in a window of the automobile (claim 4); and wherein the window is a front window of the automobile (claim 5).
KR 20-0485022 Y1 teaches the automotive shielding film 100 including a decoloring liquid crystal (100), a liquid crystal film (200), and touch panel (300) is attached in the form of a film to windshield of a vehicle (in paragraphs
[0021]-[0023], [0029]-[0030], [0034] and as shown in Figures 1-4.)
Regarding claims 4 and 5, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the outer perimeter of CN 114074535 A embedded in a front window of the automobile, as taught by KR 20-0485022 Y1, with a reasonable expectation of success in order to provide a shielding film for a windshield of the vehicle.
Claims 7-9, 11, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over CN 114074535 A (cited by applicant) in view of Anderson
et al. US 20160193963 A1 (cited by applicant).
Regarding claim 7, CN 114074535 A discloses the visor assembly of claim 1, but does not show wherein the liquid-crystal device includes a twisted nematic configuration (claim 7); wherein the liquid-crystal device includes a guest host configuration (claim 8); and wherein the liquid-crystal device includes at least two segments that can be individually switched between the transparent state and the reflective state (claim 9).
Anderson et al. teaches in paragraph [0131] examples of applicable
LC-cells include a Twisted Nematic (TC) cells (claim 7) and guest host (claim 8); in paragraph [0149] as shown in Figure 29(B) three discreet displays (5220, 5222, 5224) form a full mirror display with the assembly (claim 9).
Regarding claim 7, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the liquid-crystal device of CN 114074535 A includes a twisted nematic configuration, as taught by Anderson et al., with a reasonable expectation of success this twist allows for the manipulation of light’s polarization direction.
Regarding claim 8, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the liquid-crystal device of CN 114074535 A includes guest host configuration, as taught by Anderson et al., with a reasonable expectation of success these cells are designed to selectively absorb light in one direction while allowing light to pass through in another, creating a dichroic effect.
Regarding claim 9, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the liquid-crystal device of CN 114074535 A, with at least two segments, as taught by Anderson et al., with a reasonable expectation of success that can be individually switched between the transparent state and the reflective state.
Regarding claim 11, CN 114074535 A discloses a visor assembly for an automobile comprising: an outer perimeter (the body of the liquid crystal sun visor 1 as shown in Figure 4 on page 4 in the paragraph starting with “An embodiment of the present invention”); an electrochromic device (electrochromic structure 3 as shown in Figure 4 on page 5 in the last two paragraphs) configured to switch between a transparent state and a darkened state (“Specifically when a voltage is applied to the electrochromic structure, the color of the electrochromic structure becomes dark; when the voltage is removed the electrochromic structure, the color of the electrochromic structure becomes transparent” on page 5), the electrochromic device (electrochromic structure 3 as shown in Figure 4) comprising: a first substrate (first transparent conductive layer 311 as shown in Figure 6 on page 5 in the paragraph starting with “Optionally, as shown in FIG. 6) defining a first element surface and a second element surface; a second substrate (second transparent conductive layer 315 as shown in Figure 6 on page 5 in the last two paragraphs) spaced away from the first substrate (first transparent conductive layer 311 as shown in Figure 6) and defining a third element surface and a fourth element surface; and an electroactive medium (electrochromic layer 312 as shown in Figure 6 on page 5 in the last paragraph) positioned between the first and second substrates (first transparent conductive layer 311 and second transparent conductive layer 315 as shown in Figure 6); a liquid-crystal device (liquid crystal cell 12 as shown in Figure 8 on page 4 in the paragraph starting with “An embodiment of the present invention”) configured to switch between a twisted state and an untwisted state (as shown in Figure 3 takes the sun visor in a mirror effect state; the mechanical control structure (not show in Figure 3) is used to control the light shielding sheet 2 to be located on the side of the reflective polarizing layer 13 away from the liquid crystal cell 12 when the liquid crystal sunshade body is in a mirror effect state; when the body of the liquid crystal sunshade 1 is in a light-transmitting state, the light shield sheet 2 is controlled so that the orthographic projection of the light blocking sheet 2 on the liquid crystal sunshade 1 does not overlap with the liquid crystal sunshade 1 on the bottom of page 4 and top of page 5); a reflective polarizer (reflective polarizing layer 13 as shown in Figure 3 on page 4 in the paragraph starting with “An embodiment of the present invention”) positioned between the electrochromic device (electrochromic structure 3 as shown in Figure 4) and the liquid-crystal device (liquid crystal cell 12 as shown in Figure 8).
However, CN 114074535 A does not show an absorbing polarizer located on an opposite side of the liquid-crystal device than the reflective polarizer.
Anderson et al. teaches in paragraphs [0152]-[0153] as shown in Figures 33(A, B) an LC layer (3310) is disposed between a reflective polarizer (3311) and an absorbing polarizing layer (3334).
Regarding claim 11, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the visor assembly of CN 114074535 A, with show an absorbing polarizer located on an opposite side of the liquid-crystal device than the reflective polarizer, as taught by Anderson et al., with a reasonable expectation of success to ensure that only light that is aligned with polarization axis of the reflective polarizer passes through the liquid crystal layer.
Regarding claim 15, CN 114074535 A, as modified, discloses the visor assembly of claim 11 but does not show wherein the liquid-crystal device includes a twisted nematic configuration.
Anderson et al. teaches in paragraph [0131] examples of applicable
LC-cells include a Twisted Nematic (TC) cells.
Regarding claim 15, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the liquid-crystal device of CN 114074535 A includes a twisted nematic configuration, as taught by Anderson et al., with a reasonable expectation of success this twist allows for the manipulation of light’s polarization direction.
Regarding claim 18, CN 114074535 A discloses a visor assembly for an automobile comprising: an outer perimeter (the body of the liquid crystal sun visor 1 as shown in Figure 4 on page 4 in the paragraph starting with “An embodiment of the present invention”); an electrochromic device (electrochromic structure 3 as shown in Figure 4 on page 5 in the last two paragraphs) configured to switch between a transparent state and a darkened state (“Specifically when a voltage is applied to the electrochromic structure, the color of the electrochromic structure becomes dark; when the voltage is removed the electrochromic structure, the color of the electrochromic structure becomes transparent” on page 5), the electrochromic device (electrochromic structure 3 as shown in Figure 4) comprising: a first substrate (first transparent conductive layer 311 as shown in Figure 6 on page 5 in the paragraph starting with “Optionally, as shown in FIG. 6”) defining a first element surface and a second element surface; a second substrate (second transparent conductive layer 315 as shown in Figure 6 on page 5 in the last two paragraphs) spaced away from the first substrate (first transparent conductive layer 311 as shown in Figure 6) and defining a third element surface and a fourth element surface; and an electroactive medium (electrochromic layer 312 as shown in Figure 6 on page 5 in the last paragraph) positioned between the first and second substrates first transparent conductive layer 311 and second transparent conductive layer 315 as shown in Figure 6); and a reflective polarizer (reflective polarizing layer 13 as shown in Figure 3 on page 4 in the paragraph starting with “An embodiment of the present invention”) positioned between the electrochromic device (electrochromic structure 3 as shown in Figure 4) and the liquid-crystal device (liquid crystal cell 12 as shown in Figure 8).
However, CN 114074535 A does not show a first electrode layer and a second electrode layer; a liquid-crystal device sandwiched between the first and second electrode layers and configured to switch between a twisted state and an untwisted state.
Anderson et al. teaches in paragraph [0170] as shown in Figure 53A an LC medium (5312) is sandwiched between two electrode layers (5324).
Regarding claim 18, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the liquid-crystal device of CN 114074535 A with sandwiched between the first and second electrode layers and configured to switch between a twisted state and an untwisted state, as taught by Anderson et al., with a reasonable expectation of success in order to allow the device to function as a light shutter, with no voltage applied, it transmits light, and with a small voltage applied, light is no longer transmitted.
Claims 12-14, 16, 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over CN 114074535 A (cited by applicant) in view of Anderson et al. US 20160193963 A1 (cited by applicant) as applied to claims 11 and 18 above, and further in view of Cammenga et al. US 20190162881 A1 (cited by applicant).
Regarding claims 12-14, CN 114074535 A, as modified, discloses the visor assembly of claim 11, wherein the absorbing polarizer is configured to transmit a first polarization of light and absorb a second polarization of light (claim 12);
wherein the reflective polarizer is configured to reflect the first polarization of light (claim 13); and wherein the liquid-crystal device is configured to absorb the first polarization of light in the in the twisted state and transmit the first polarization of light in the untwisted state (claim 14).
Cammenga et al. teaches in paragraph [0031] as shown in Figures 2A and 2B an absorbing polarizer is a structure to transmit a first polarization of light P1 and absorb a second polarization of light P2 (claim 12); as shown in Figure 2b a reflective polarizer (66, second polarizer is reflective polarizer) is configured to reflect the first polarization of light P1 (claim 13); and in paragraph [0035] in the untwisted state of a liquid crystal molecules, the first polarization light P1 may be transmitted through electro-optic element (34) (claim 14).
Regarding claim 12, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the absorbing polarizer of CN 114074535 A, as modified, configured to transmit a first polarization of light and absorb a second polarization of light, as taught by Cammenga et al., with a reasonable expectation of success due to the design of the polarizer’s molecules, polarizer’s molecules are oriented in a single direction, allowing only light with a specific polarization to pass through. Regarding claim 13, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the reflective polarizer of CN 114074535 A, as modified, configured to reflect the first polarization of light, as taught by Cammenga et al., with a reasonable expectation of success to allow only light with a specific polarization to pass through.
Regarding claim 14, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the of the liquid-crystal device of CN 114074535 A, as modified, configured to absorb the first polarization of light in the in the twisted state and transmit the first polarization of light in the untwisted state, as taught by Cammenga et al., with a reasonable expectation of success due to the birefringence of liquid crystals allows the device to manipulate the polarization of the light by changing the orientation of the liquid crystal molecules.
Regarding claims 16 and 17, CN 114074535 A, as modified, the visor assembly of claim 11, wherein an optical adhesive is located between the electrochromic device and the liquid-crystal device (claim 16); and
wherein the optical adhesive includes a refractive index that is matched with the electrochromic device in the transparent state (claim 17).
Cammenga et al. teaches in paragraph [0043] as shown in Figure 3 an optical adhesive layer (220) is disposed between a second light transmissive assembly (160) of an electro-optic medium layer (150) and a third light transmissive assembly (170) of a display device (120) (claim 16); in paragraphs [0048]-[0051] a refractive index (Nd) of the optical adhesive layer (220) is 1.5 and a refractive index (Nec) of the electro-optic medium layer (150) is 1.5.
Regarding claim 16, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the of the visor assembly of CN 114074535 A, as modified, an optical adhesive is located between the electrochromic device and the liquid-crystal device, as taught by Cammenga et al., with a reasonable expectation of success to ensure a durable bonded joint.
Regarding claim 17, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the of the optical adhesive of CN 114074535 A, as twice modified, includes a refractive index that is matched with the electrochromic device in the transparent state, as taught by Cammenga et al., with a reasonable expectation of success light can pass through the adhesive without significant reflection, which is essential for the assembly’s functionality.
Regarding claim 19, CN 114074535 A, as twice modified, discloses the visor assembly of claim 18, but does not show wherein the liquid-crystal device is configured to transmit a first polarization of light in the untwisted state and the reflective polarizer is configured to reflect the first polarization of light.
Cammenga et al. teaches in paragraph [0035] in the twisted state of a liquid crystal molecules, the first polarization light P1 maybe transmitted through the electro-optical element (34).
Regarding claim 19, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the of liquid-crystal device with CN 114074535 A, as twice modified, configured to transmit a first polarization of light in the untwisted state and the reflective polarizer is configured to reflect the first polarization of light, as taught by Cammenga et al., with a reasonable expectation of success in order to due to the properties of the liquid crystals; when the liquid crystals are twisted, they allow light to pass through in the direction of the twist, but when untwisted, they block light.
Regarding claim 20, CN 114074535 A discloses the visor assembly of claim 19, but does not show wherein the liquid-crystal device includes a guest host configuration.
Anderson et al. teaches in paragraph [0131] examples of applicable
LC-cells include a guest host.
Regarding claim 20, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the liquid-crystal device of CN 114074535 A includes guest host configuration, as taught by Anderson et al., with a reasonable expectation of success these cells are designed to selectively absorb light in one direction while allowing light to pass through in another, creating a dichroic effect.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
WO 2016150921 A1 teaches an electrochromic element comprising two substrates having electrically conductive insides.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lori Lyjak whose telephone number is
571-272-6658. The examiner can normally be reached 8:00 AM-4:30 PM (EST) Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at 571-272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Lori Lyjak/Primary Examiner, Art Unit 3612B