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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03 February 2026 has been entered.
Claims 1, 4-9, and 16-18 are objected to because of the following informalities: Claims 1 and 16 are missing subscript for alumina (e.g. Al2O3 should be Al-2O3). Claims 1, 4-9, and 16-18 include improper capitalization for common materials (e.g. Zinc Selenide should be zinc selenide, etc.). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 16-23 rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 16 recites “depositing a second dielectric underlayer over the thermochromic layer…” and “depositing a second dielectric overlayer over the first dielectric overlayer…” (emphasis added). However, a review of applicant’s originally filed disclosure finds that the second dielectric under/over layers only finds support for these layers being under the thermochromic layer and under the first dielectric overlayer as outlined in Paragraphs 27, 34, 39, 63, and 97. Claims 17-20 are included in this rejection as they depend upon a rejected claim.
Claims 21 and 23 recite “wherein the second dielectric overlayer defines a first thickness less than a second thickness of the first dielectric overlayer and wherein the second dielectric underlayer defines a third thickness less than a fourth thickness of the first dielectric underlayer”. However, no support is found for any and all possible thickness ranges between these layers. Paragraphs 30 and 36 of the originally filed specification state specific numerical ranges for these thicknesses and do not recognize or encompass any and all ranges with the claimed thickness differential. As such, the above recitation is considered new matter. Claim 22 is included in this rejection as it depends upon a rejected claim.
The rejection of claim 16 may be overcome by amending to where the second dielectric underlayer consisting of Al2O3 is disposed between the first dielectric underlayer and the thermochromic layer and where second dielectric overlay consisting of Al2O3 is disposed between the first dielectric overlayer and the thermochromic layer.
The rejection of claims 21 and 23 may be overcome by amending to the specific ranges set forth in Paragraphs 30 and 36 of the originally filed specification or by canceling the claims.
Allowable Subject Matter
Claims 1 and 4-14 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to the instant claims is that of de Melo Kort-Kamp (US 2020/0353728 – previously cited). The prior art does not teach the claimed layer system of ZnSe layers and dielectric layers consisting of alumina combined with the other features of the claims.
Claims 16-23 may be placed in condition for allowance as set forth above.
Response to Arguments
Applicant's arguments pp.6-7, section II, filed 03 February 2026 regarding 35 USC 112(a) have been fully considered but they are not persuasive. Applicant argues that given the ranges disclosed in the specification that the first layers are greater than those of the second affords support for the claimed thickness differential. This is not persuasive as the originally filed disclosure only provides support for a thickness differential within the originally filed ranges (e.g. the 2nd dielectric underlay has a thickness of 80-120 Ǻ and the 1st dielectric underlay has a thickness of 7000-8600 Ǻ) and does not recognize or provide support for any and all open-ranges of one or more layers being thicker than another without bound. As such, the prior rejection is maintained.
Applicant’s arguments, see remarks pp.7-8, section III, filed 03 February 2026, with respect to 35 USC 103 have been fully considered and are persuasive. The rejection of claims 1, 4-14, and 16-20 has been withdrawn. As outlined above, the prior art does not teach applicant’s amended limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH DUMBRIS whose telephone number is (571)272-5105. The examiner can normally be reached M-F 6:00 AM - 3:30 PM.
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SETH DUMBRIS
Primary Examiner
Art Unit 1784
/SETH DUMBRIS/Primary Examiner, Art Unit 1784
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