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) 03/10/2026 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
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) 1-3, 7-8, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20180017835 A1).
Re Claim 1, Kim discloses, on Fig. 1a-2c, an electrochromic element comprising a laminated structure (device 10) in which a support (lens 21) and an electrochromic film (layers 12-15, and 16-18) [Par 58-75] are laminated, wherein:
the electrochromic film includes;
a pair of substrates (substrates 11 and 16) [Par 58-75]
a pair of electrode layers (electrode layers 12 and 15) [Par 58-75]laminated between the pair of substrates (substrates 11 and 16), and
an electrochromic layer (electrochromic layer 13) laminated between the pair of substrates (substrates 11 and 16) [Par 58-75],
a sealing layer (protective layer 17) is provided between the pair of substrates (17 is between 11 and 16) and around the electrochromic layer (17 is on both sides of 13) [Par 58-75],
a barrier layer (electrolyte layer 14) [Par 58-75]is laminated in the laminated structure constituting the electrochromic element, and is arranged between the pair of substrates and the pair of electrode layers (layer 14 is between 11 and 16, and 12 and 15) and extends to be in direct surface contact with the sealing layer (layer 14 touches layer 17) [Par 58-75], and the sealing layer has gas barrier properties (layer 17 has gas barrier properties against oxygen and water) [Par 118].
But Kim does not explicitly disclose wherein, the barrier layer has gas barrier properties.
However, Kim does teach the ability to design a layer with gas barrier properties (layer 17) [Par 118], and further discloses another embodiment on Fig. 3a-3c wherein another barrier layer (anti-deterioration layer 18) prevents the electrode layer (electrode 15) from deteriorating by an electrochemical reaction [Par 139], which would inherently involve preventing at least some gasses and liquids which could cause said reaction from transmitting said barrier layer [Par 138-142].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to combine the embodiments on Fig. 1a-1c and 3a-3c of Kim, in order to prevent deterioration of the second electrode, as taught by Kim [Par 138].
Re Claim 2, modified Kim discloses, the electrochromic element according to claim 1, and further discloses Fig. 3a-3c, wherein the barrier layer has transparency (electrolyte layer 14 and anti-deterioration layer are transparent) [Par 116 and Par 141].
Re Claim 3, Kim discloses, the electrochromic element according to claim 1, and Kim further discloses on Fig. 3a-3c, wherein a functional layer (lens 21 can also serve as a functional layer) is formed on the surface of the electrochromic film (Fig. 1C and 2c: lens 21 is on substrate 16).
Reclaim 7, Kim discloses, a lens for spectacles which is the electrochromic element according to claim 1, and Kim further discloses on Fig. 3c, wherein the support is a lens substrate (layer 21 is a lens) [Par 152].
Re Claim 8, Kim discloses, the electrochromic element according to claim 2, and Kim further discloses on Fig. 3c, wherein a functional layer (lens 21 can serve as a functional layer) is formed on the surface of the electrochromic film (on device 30 and thus electrode 12 and electrochromic layer 13).
Re claim 12, Kim discloses, a lens for spectacles which is the electrochromic element according to claim 2, and Kim further discloses on Fig. 3c, wherein the support is a lens substrate (layer 21 is a lens) [Par 152].
Re Claim 13, modified Kim discloses, the electrochromic element according to claim 1, and Kim further discloses on Fig. 2a-2c, wherein a pair of barrier layers (layers 18 and 14), including the barrier layer, are laminated in the laminated structure constituting the electrochromic element (electrochromic layer 13) and are respectively arranged between a first substrate of the pair of substrates (substrate 11) and a first electrode layer (electrode 15) of the pair of electrode layers and between a second substrate (substrate 16) of the pair of substrates and a second electrode layer (electrode 12) of the pair of electrode layers, the pair of barrier layers each extend to be in direct surface contact with the sealing layer (layers 14 and 18 contact layer 17).
But modified Kim does not explicitly disclose, wherein the pair of barrier layers each have gas barrier properties.
However, Kim does teach the ability to design a layer with gas barrier properties (layer 17) [Par 118], and further discloses another embodiment on Fig. 3a-3c wherein another barrier layer (anti-deterioration layer 18) prevents the electrode layer (electrode 15) from deteriorating by an electrochemical reaction [Par 139], which would inherently involve preventing at least some gasses and liquids which could cause said reaction from transmitting said barrier layer [Par 138-142].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to further modify Kim, in order to prevent deterioration of the second electrode, as taught by Kim [Par 138].
Claim(s) 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kadono (US 20190227309 A1).
Re Claim 4, Kim discloses, the electrochromic element according Claim 3.
But Kim does not disclose, wherein the functional layer includes at least one of a hard coat layer, an antireflection layer, an antistatic layer, a water repellent layer, and an antifogging layer.
However, within the same field of endeavor, Kadono teaches, on Fig. 1a, that it is desirable in electrochromic devices, wherein the functional layer (substrate 720) includes a hard coat layer or antireflection layer (protective substrate 720 can have a hard coat layer 722 or antireflection layer) [Par 89].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Kim with Kadono in order to protect the dimming layer as taught by Kadono [Par 89].
Re Claim 9, Kim discloses, the electrochromic element according Claim 8.
But Kim does not disclose, wherein the functional layer includes at least one of a hard coat layer, an antireflection layer, an antistatic layer, a water repellent layer, and an antifogging layer.
However, within the same field of endeavor, Kadono teaches, on Fig. 1a, that it is desirable in electrochromic devices, wherein the functional layer (substrate 720) includes a hard coat layer or antireflection layer (protective substrate 720 can have a hard coat layer 722 or antireflection layer) [Par 89].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Kim with Kadono in order to protect the dimming layer as taught by Kadono [Par 89].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takeuchi (US 20180299740 A1) similarly discloses an electrochromic device.
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 RAY ALEXANDER DEAN whose telephone number is (571)272-4027. The examiner can normally be reached Monday-Friday 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571)-272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAY ALEXANDER DEAN/ Examiner, Art Unit 2872
/BUMSUK WON/ Supervisory Patent Examiner, Art Unit 2872
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