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, see remarks, filed September 8, 2026, with respect to claim rejections under 112 have been fully considered and in combination with the amendments are persuasive. The claim rejections under 112 have been withdrawn.
Applicant’s arguments with respect to the prior art rejections 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 5-6, 9-10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tajima et al. US Patent Application Publication 2014/0340729, of record, in view of Shinoda et al. US Patent Application Publication 2017/0168366, of record, and in further view of Kim et al. international patent document WO2019/221320; with evidence of certain facts provided by Yamada et al. US Patent Application Publication 2012/0135298, of record, and Fukuta et al. US Patent Application Publication 2010/0081029, of record.
Regarding claims 1, 5-6, 9 and 20 Tajima discloses an electrochromic element (title e.g. figures 1-3 electrochromic element), comprising: a first electrode (e.g. transparent electrode layer 20); an electrochromic layer on the first electrode (e.g. ion storage layer 30); wherein the electrochromic layer includes a first electrochromic material (inter alia paragraph [0103] “[t]he ion storage layer that constitutes the electrochromic element”); and an electrolyte layer between the electrochromic layer and the second electrode (e.g. electrolyte layer 90), wherein the electrolyte layer includes a basic compound (inter alia paragraph [0115] “it is preferable to adjust the non-water-based hydrogen ion conductive electrolyte solution to basicity”), wherein the basic compound comprises a polymer that is a polyvinylpyridine (paragraph [0115] “polyvinylpyridine”), a second electrode (e.g. transparent electrode layer 60); an electrochemically active layer on the second electrode (e.g. catalyst layer 40 or a reflective dimming layer 50); wherein the electrochromic element retains a colored state even after application of voltage to the electrochromic element is stopped (paragraph [0005] “an electrochromic element can maintain its optical characteristics in a certain state even when a current or a voltage is not applied”).
Tajima does not disclose the electrochromic material comprises a triarylamine compound represented by General Formula 1: An-Bm, General Formula 1 when n is 2, m is 0, and when n is 1, m is 0 or 1, A is a structure represented by General Formula 2 below and B is a structure represented by General Formula 3 below,
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A is bound to B at a position selected from the group consisting of R1 to R15 and B is bound to A at a position selected from the group consisting of R16 to R21, wherein any of R1 to R21 in the General Formulae 2 and 3 is chemically bound in the electrochromic layer via a polymerizable functional group, the rest of R1 to R21 are all monovalent organic groups and maybe identical to or different from each other, wherein the polymerizable functional group is selected from a vinyl group, a styryl group, a 2-methyl-1,3-butadienyl group, a vinylcarbonyl group, an acryloyloxy group, an acryloylamide group, and a vinyl thioether group, wherein the monovalent organic groups are each independently selected from a hydrogen atom, a halogen atom, a hydroxyl group, a nitro group, a cyano group, a carboxyl group; an optionally substituted alkoxycarbonyl group, an optionally substituted aryloxycarbonyl group, an optionally substituted alkylcarbonyl group, an optionally substituted arylcarbonyl group, an amide group, an optionally substituted monoalkylaminocarbonyl group, an optionally substituted dialkylaminocarbonyl group, an optionally substituted monoarylaminocarbonyl group, an optionally substituted diarylaminocarbonyl group, a sulfonic acid group, an optionally substituted alkoxysulfonyl group, an optionally substituted aryloxysulfonyl group, an optionally substituted alkylsulfonyl group, an optionally substituted arylsulfonyl group, a sulfonamide group, an optionally substituted monoalkylaminosulfonyl group, an optionally substituted dialkylaminosulfonyl group, an optionally substituted monoarylaminosulfonyl group, an optionally substituted diarylaminosulfonyl group, an amino group, an optionally substituted monoalkylamino group, an optionally substituted dialkylamino group, an optionally substituted alkyl group, an optionally substituted alkenyl group, an optionally substituted alkynyl group, an optionally substituted aryl group, an optionally substituted alkoxy group, an optionally substituted aryloxy group, an optionally substituted alkylthio group, an optionally substituted arylthio group, an optionally substituted heterocyclic group, and an aralkyl group; wherein the electrochemically active layer includes a second electrochromic material, and the second electrochromic material is a compound comprising at least one of a phosphonic acid group and a phosphoric acid group, and said polyvinylpyridine has a weight average molecular weight of from 10,000 through 1,000,000, as recited in claim 1; or wherein the electrochemically active layer includes an inorganic oxide, as recited in claim 5; or wherein the inorganic oxide is tin oxide, as recited in claim 6; or wherein the second electrochromic material is a viologen derivative, as recited in claim 9; or wherein the weight average molecular weight of said polymer that is a polyvinylpyridine is from 10,000 through 200,000, as recited in claim 20.
Regarding the average molecular weight – it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955), see MPEP 2144.05. Tajima has an electrochromic element with the required structure, including an electrolyte layer with a basic compound and polyvinylpyridine, fulfilling the general conditions of a claim. One would be motivated to have the average molecular weight in the claimed ranges since when the molecular weight is low, gel formation is difficult and when the molecular weight is high, the viscosity is excessively high and handling is difficult (as evidenced by Yamada paragraph [0056]) and/or to prevent the permeation of opposite polarity polymer into electrolyte membrane and obtain stronger bonding and a uniform solution of the opposite polarity polymer (as evidenced by Fukuta paragraphs [0064-66]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the polyvinylpyridine in the electrochromic element as disclosed by Tajima to have and average molecular weight range between 10,000 and 1,000,000 or from 10,000 through 200,000 since changing this variable has results recognized in the art as evidenced by Yamada and Fukuta of when the molecular weight is low, gel formation is difficult and when the molecular weight is high, the viscosity is excessively high and handling is difficult and/or to prevent the permeation of opposite polarity polymer into electrolyte membrane and obtain stronger bonding and a uniform solution of the opposite polarity polymer and since discovering the optimum or workable ranges involves only routine skill in the art.
Regarding the first electrochromic material – Shinoda teaches a similar electrochromic element (title e.g. figure 1) including a first electrode (e.g. first electrode 2); an electrochromic layer on the first electrode (e.g. layer 4 paragraph [0084] “4 containing an oxidizable color-developing electrochromic compound”), comprising a first electrochromic material (inter alia paragraphs [0043-44]); a second electrode (e.g. second electrode 3); and an electrolyte layer between the electrochromic layer and the second electrode (e.g. electrolyte 5); and further teaches said first electrochromic material comprises the triarylamine compound (inter alia paragraph [0044]) represented by General Formula 1: An-Bm, General Formula 1 when n is 2, m is 0, and when n is 1, m is 0 or 1, A is a structure represented by General Formula 2 above and B is a structure represented by General Formula 3 above,
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Paragraph [0044] Formula (2) illustrating An-Bm when n is 2, m is 0
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Paragraph [0044] Formula (3) illustrating An-Bm when n is 1, m is 0
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Paragraph [0044] Formula (4) illustrating An-Bm when n is 1, m is 1
in the case where both A and B are present A is bound to B at a position selected from the group consisting of R1 to R15 and B is bound to A at a position selected from the group consisting of R16 to R21, wherein any of R1 to R21 in the General Formulae 2 and 3 is chemically bound in the electrochromic layer via a polymerizable functional group (e.g. see paragraph [0044] formula 2-4), the rest of R1 to R21 are all monovalent organic groups and maybe identical to or different from each other (e.g. see paragraph [0044] formula 2-4), wherein the polymerizable functional group is selected from a vinyl group, a styryl group, a 2-methyl-1,3-butadienyl group, a vinylcarbonyl group, an acryloyloxy group, an acryloylamide group, and a vinyl thioether group (e.g. paragraph [0047] “methacrylate” that contains a polymerizable vinyl group), wherein the monovalent organic groups are each independently selected from a hydrogen atom, a halogen atom, a hydroxyl group, a nitro group, a cyano group, a carboxyl group (e.g. paragraph [0046, 0026-27 & 0036] “a hydrogen atom, a halogen atom … -hydroxyl group, nitro group, carboxyl group … cyano group”) for the purpose of using a known as oxidizable color-developing electrochromic materials that exhibit transparency when in a neutral state and develop color when in a reduced state (paragraph [0006]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the first electrochromic material in the electrochromic element as disclosed by Tajima to be a triarylamine compound, set forth in claim 1, as taught by Shinoda for the purpose of using a known as oxidizable color-developing electrochromic materials that exhibit transparency when in a neutral state and develop color when in a reduced state.
Regarding the electrochemically active layer material – Kim teaches a similar electrochromic element (title e.g. figure 3 electrochromic element 20) including a first electrode (e.g. transparent conductive/TC layer 12), an electrochromic layer on the first electrode (e.g. color change organic/inorganic mixed layer 200 on transparent electrode 25), an electrochemically active layer on a second electrode (e.g. color change organic/inorganic mixed layer 100 on transparent electrode 24), an electrolyte layer between the electrochromic layer and the second electrode (e.g. electrolyte 26); and further teaches wherein the electrochemically active layer (e.g. 100) includes a second electrochromic material (e.g. color change organic/inorganic mixed layer 100), and the second electrochromic material is a compound comprising at least one of a phosphonic acid group and a phosphoric acid group (e.g. material 105 paragraph [0038] “Viologen derivative containing a phosphonic acid functional group”), the electrochemically active layer includes an inorganic oxide (e.g. inorganic material 104), wherein the inorganic oxide is tin oxide (paragraph [0038] “ITO”), and wherein the second electrochromic material (e.g. 105) is a viologen derivative (paragraph [0038] “Viologen derivative”) for the purpose of realizing diverse colors while avoiding problems of functional degradation (paragraph [0001]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the second electrochromic material in the electrochromic element as disclosed by the combination of Tajima as modified by Shinoda to include a viologen derivative, at least one of a phosphonic acid group and a phosphoric acid group and an inorganic oxide of tin oxide as taught by Kim for the purpose of realizing diverse colors while avoiding problems of functional degradation.
Regarding claim 10 the combination of Tajima as modified by Shinoda and Kim discloses the electrochromic element according to claim 1, as set forth above. Tajima further discloses wherein the electrochromic element exhibits a decoloring rate of 95% or higher (implicit given change in transmittance graphs in figures 5, 7, 9-18, 20, 22-24 and 27-32).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gao foreign patent document CN102911210; in regards to a viologen compound for use as an electrochromic that includes phosphoric acid for the purpose of changing the bandgap/color and decreasing the transition time, see abstract.
Kim et al. US Patent Application Publication 2021/0324261; in regards to an electrochromic device, see figures 1-3, using a viologen derivative including phosphoric acid for the purpose of imparting optical properties, paragraphs [0037-38].
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 George G King whose telephone number is (303)297-4273. The examiner can normally be reached 9-5.
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/George G. King/Primary Examiner, Art Unit 2872 October 5, 2026
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