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 .
Information Disclosure Statement
Acknowledgment is made of receipt of Information Disclosure Statement (PTO-1449) filed 08/19/2024. An initialed copy is attached to this Office Action.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4-6, 8 and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeuchi (USPG Pub No. 2022/0171230).
Regarding claim 1, Takeuchi discloses an electro-optic assembly (100) (see Fig. 1), comprising: a first substrate (111) having a first surface and a second surface opposite the first surface (see Fig. 1, Paragraph 160); a second substrate (121) having a third surface and a fourth surface opposite the third surface (see Fig. 1, Paragraph 160), the second and third surfaces facing each other to define a gap (see Fig. 1); a first electrode stack (112-114) coupled to the second surface (see Fig. 1, Paragraph 160); a second electrode stack (122-125) coupled to the third surface (see Fig. 1, Paragraph 160); an electro-optic medium (115) located between the first electrode stack and the second electrode stack (see Fig. 1, Paragraph 160); and at least one of the first and second electrode stacks comprising: a base layer (122, 123) (see Fig. 1); a conduction layer (124) formed of a transparent conductive material (Paragraph 46); and a flexible conductive layer (125) spaced from the base layer by the conduction layer, the flexible conductive layer formed of an electrically conductive polymer (Paragraphs 89, 90, 139).
Regarding claim 2, Takeuchi discloses wherein the flexible conductive layer (125) is formed of a polythiophene (Paragraphs 89, 90, 139).
Regarding claim 4, Takeuchi discloses further including an adhesion layer (124) disposed between the conduction layer (123) and the flexible conductive layer (125) (see Fig. 1, Paragraph 160).
Regarding claim 5, Takeuchi discloses wherein the adhesion layer (124) includes an oxide (Paragraph 55).
Regarding claim 6, Takeuchi discloses wherein the base layer (122, 123) is conductive (Paragraph 160).
Regarding claim 8, Takeuchi discloses wherein the first and second substrate are non-planar (Paragraphs 37-39).
Regarding claim 11, Takeuchi discloses an electro-optic assembly (100) (see Fig. 1), comprising: a first substrate (111) of a non-planar shape including a first surface and a second surface opposite the first surface (see Fig. 1, Paragraphs 37-39, 160); a second substrate (121) has the non-planar shape and includes a third surface and a fourth surface opposite the third surface (see Fig. 1, Paragraphs 37-39, 160), the second and third surfaces facing each other to define a gap (see Fig. 1); a first electrode stack (112-114) coupled to the second surface (see Fig. 1, Paragraph 160); a second electrode stack (122-125) coupled to the third surface (see Fig. 1, Paragraph 160); an electro-optic medium (115 with 131) located between the first electrode stack and the second electrode stack (see Fig. 1, Paragraph 160); and the first and second electrode stacks comprising: a base layer (122, 123; 112,113) (see Fig. 1); a conduction layer (124; 114) formed of a transparent conductive material (Paragraph 46); and a flexible conductive layer (125; 115) spaced from the base layer by the conduction layer, the flexible conductive layer formed of a polythiophene (Paragraphs 89, 90, 139).
Regarding claim 12, Takeuchi discloses wherein the second and third surfaces are each defined by the non-planar shape (Paragraphs 37-39).
Regarding claim 13, Takeuchi discloses wherein the gap has uniform cell spacing (see Fig. 1).
Regarding claim 14, Takeuchi discloses wherein the first and fourth surfaces are each defined by the non-planar shape (Paragraphs 37-39).
Regarding claim 15, Takeuchi discloses wherein the first and second substrates each define a uniform thickness (see Fig. 1).
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.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi (USPG Pub No. 2022/0171230) in view of Lin et al. (CN 112500557 A), hereinafter “Lin”.
Regarding claim 3, Takeuchi discloses the claimed invention, but does not specify wherein the base layer is formed of a polythiophene. In the same field of endeavor, Lin discloses wherein the base layer is formed of a polythiophene (see claim 8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of Takeuchi with wherein the base layer is formed of a polythiophene of Lin for the purpose of constructing a flexible electrochromic device (Abstract). Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claims 16, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi (USPG Pub No. 2022/0171230) in view of Agrawal et al. (USPG Pub No. 2019/0145161), hereinafter “Agrawal”.
Regarding claim 16, Takeuchi discloses the claimed invention, but does not specify wherein the second and third surfaces each extend to an outer perimeter defining an area, respectively, and the non-planar shape defines at least 20% of the area. In the same field of endeavor, Agrawal discloses wherein the second and third surfaces each extend to an outer perimeter defining an area, respectively (see Figs. 5, 6), and the non-planar shape defines at least 20% of the area (see Fig. 10, Paragraph 126). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of Takeuchi with wherein the second and third surfaces each extend to an outer perimeter defining an area, respectively, and the non-planar shape defines at least 20% of the area of Agrawal for the purpose of providing an assembly with cost efficient production and low power consumption when used in the desired application (Paragraphs 7, 126).
Regarding claim 18, Takeuchi discloses an electro-optic assembly (100) (see Fig. 1), comprising: a first substrate (111) having a first surface and a second surface opposite the first surface (see Fig. 1, Paragraph 160); a second substrate (121) having a third surface and a fourth surface opposite the third surface (see Fig. 1, Paragraph 160), the second and third surfaces facing each other to define a gap with uniform cell spacing (see Fig. 1); a first electrode stack (112-114) coupled to the second surface (see Fig. 1, Paragraph 160); a second electrode stack (122-125) coupled to the third surface (see Fig. 1, Paragraph 160); an electro-optic medium (115) located between the first electrode stack and the second electrode stack (see Fig. 1, Paragraph 160); and at least one of the first and second electrode stacks comprising: a base layer (122, 123) (see Fig. 1); a conduction layer (124) formed of a transparent conductive material (Paragraph 46); and a flexible conductive layer (125) spaced from the base layer by the conduction layer, the flexible conductive layer formed of an electrically conductive polymer (Paragraphs 89, 90, 139). Takeuchi discloses the claimed invention, but does not specify and wherein the second and third surfaces each extend to an outer perimeter defining an area, respectively, and a non-planar shape defines at least 20% of the area. In the same field of endeavor, Agrawal discloses and wherein the second and third surfaces each extend to an outer perimeter defining an area, respectively (see Figs. 5, 6), and a non-planar shape defines at least 20% of the area (see Fig. 10, Paragraph 126). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of Takeuchi with and wherein the second and third surfaces each extend to an outer perimeter defining an area, respectively, and a non-planar shape defines at least 20% of the area of Agrawal for the purpose of providing an assembly with cost efficient production and low power consumption when used in the desired application (Paragraphs 7, 126).
Regarding claim 19, Takeuchi further discloses wherein the flexible conductive layer is formed of a polythiophene (Paragraphs 89, 90, 139).
Claims 7, 9, 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi (USPG Pub No. 2022/0171230) in view of DeNolf et al. (USPG Pub No. 2020/0310211), hereinafter “DeNolf”.
Regarding claim 7, Takeuchi discloses the claimed invention, but does not specify wherein the base layer includes an insulating layer. In the same field of endeavor, DeNolf discloses wherein the base layer includes an insulating layer (Paragraph 132). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of Takeuchi with wherein the base layer includes an insulating layer of DeNolf for the purpose of providing an electro-optic assembly that produces the desired electrochemical and electro-optical characteristics and suitable for large-scale manufacturing (Paragraph 3). Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 9, Takeuchi discloses the claimed invention, but does not specify wherein the conduction layer is sandwiched between a pair of adhesion layers that adhere and protect the conduction layer. In the same field of endeavor, DeNolf discloses wherein the conduction layer is sandwiched between a pair of adhesion layers that adhere and protect the conduction layer (Paragraph 132). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of Takeuchi with wherein the conduction layer is sandwiched between a pair of adhesion layers that adhere and protect the conduction layer of DeNolf for the purpose of providing an electro-optic assembly that produces the desired electrochemical and electro-optical characteristics and suitable for large-scale manufacturing (Paragraph 3). Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 10, Takeuchi further discloses wherein the pair of adhesion layers are formed of a metal oxide (Paragraph 55).
Regarding claim 17, Takeuchi discloses the claimed invention, but does not specify wherein the flexible conductive layer formed of poly(3,4-ethylenedioxythiophene ("PEDOT"). In the same field of endeavor, DeNolf discloses wherein the flexible conductive layer formed of poly(3,4-ethylenedioxythiophene ("PEDOT") (Paragraph 132). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of Takeuchi with wherein the flexible conductive layer formed of poly(3,4-ethylenedioxythiophene ("PEDOT") of DeNolf for the purpose of providing an electro-optic assembly that produces the desired electrochemical and electro-optical characteristics and suitable for large-scale manufacturing (Paragraph 3). Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi (USPG Pub No. 2022/0171230) in view of Agrawal (USPG Pub No. 2019/0145161) as applied to claim 18 above, and further in view of Lin (CN 112500557 A).
Regarding claim 20, Takeuchi and Agrawal disclose the claimed invention, but do not specify wherein the base layer is formed of a polythiophene. In the same field of endeavor, Lin discloses wherein the base layer is formed of a polythiophene (see claim 8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of Takeuchi and Agrawal with wherein the base layer is formed of a polythiophene of Lin for the purpose of constructing a flexible electrochromic device (Abstract). Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Prior Art Citations
Kloeppner (USPG Pub No. 2021/0103194) and Subramanian et al. (USP No. 9,715,155) are being cited herein to show an electro-optic assembly relevant to the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 2/7/2026