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
The information disclosure statement (IDS) submitted on 2/23/24 has been considered by the examiner.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/18/2026 have been considered by the examiner.
Response to Arguments
Applicant’s arguments with respect to claims 1 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 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.
Claims 1, 3, 7, 10, 15, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Reichmann (WO Patent Number 9837453 A1) in view of Pradhan (US Patent Publication Number 2019/0221148 A1).
Reichmann teaches, as claimed in claim 1, a glazing unit with electrically controllable optical properties (Fig. 1 and 3), comprising a laminated pane (10 and 22) with a functional element (14 and 18) having electrically controllable optical properties (Page 6, paragraph 1 “the layers 14, 18 are collectively referred to as electrochromic layers 14, 18, without the scope of the method according to the invention being restricted to electrochromic elements with two layers which can be colored”), and a control unit (Fig. 3 “controller”) electrically connected to the functional element (Fig. 3 “e-c element”), wherein the control unit (Fig. 3 “controller”) has a data set (Page 8, paragraph 5 “controller includes, among other things, means for performing the required calculations (for example a microprocessor), for inputting and outputting measurement and control variables and for storing the control parameters and other variables”)
which assigns a voltage ramp to each temperature in a predefined temperature range ( Page 9, paragraph 6 “As soon as the voltage U reaches the final value U .sub.max …A simple relationship for the temperature dependence of the final value U .sub.max results from the equation already mentioned above (1) U .sub.max = A - B .sup.• T” ) , wherein the control unit (Fig. 3 “controller”) is suitable for ascertaining the temperature (Page 8, paragraph 4 “the temperature of the electrochromic element is generally determined using a suitable temperature sensor (denoted by T), the measured values of which are queried by the controller”) selecting a voltage ramp from the data set on the basis of the ascertained temperature (Page 11, first paragraph “the parameters required for the control of the coloring process and the decoloring process according to the invention were determined in a series of preliminary tests (cyclic voltammetry, cyclic recoloring at different temperatures over up to 1000 cycles of electrochromic elements of the same type). For U .sob’s ...., .-, cyclovoltaic investigations resulted in amounts of 2 V (20 ° C) and 1 V (80 ° C) for both types of recoloring process”) 1and applying the electrical voltage with the calculated voltage ramp to the functional element2 (Fig.3, Page 11, first paragraph “This resulted in the values of parameters A and 3 for equation (1) for A = 4 V and B = 0.025 V / ° C (temperature T m ° C), .sub.i.e. U .sub.nax = 4 V - 0.025 V / ° CT for the Single color process --> and U .sub.max = -4 V + 0.025 V / ° C .sup.• T for the decolorization process. It can be seen from FIGS. 5 and 6 that the voltage U was steadily increased or decreased, starting from an open-circuit voltage of approximately 0.7 V (coloring) or + 0.7 V individual coloring, the starting phase during Coloring process after about 16 s and in the decolorization process after about 12 s by reaching the final value U.sub.max of + 3.5 V or - 3.5 V was completed”), Reichmann fails to teach wherein the control unit has a data set or a programmed function which assigns a respective voltage ramp to each temperature in a predefined temperature range, such that different temperatures within the predefined temperature range are assigned different voltage ramps, wherein each voltage ramp defines a change of voltage over time applied to the functional element. In a related art, Pradhan teaches wherein a control unit has a programmed function (¶0071 “FIGS. 3A and 3B show current and voltage profiles resulting for a specific control method in accordance with certain embodiments. FIG. 3C provides an associated flow chart for an initial portion (the controlled current portion) of the control sequence”) which assigns a respective voltage ramp to each temperature in a predefined temperature range (¶0073 “a voltage ramp 303 in FIG. 3A. I target may be set a priori for the device in question—independent of temperature… the temperature is detected and considered in setting the current level”), such that different temperatures within the predefined temperature range are assigned different voltage ramps ¶0079 “where the measured current is below I slow (typically because the device temperature is low) continue to ramp the applied voltage in order to bring the current above I slow but below I safe” and ¶0081 “where the measured current is above I safe (typically because the device is operating at a high temperature) decrease voltage (or rate of increase in the voltage) in order to bring the current below I safe but above I slow”), wherein each voltage ramp defines a change of voltage over time applied to the functional element (¶0073 “At time 0 (t.sub.0)—Ramp the voltage”).
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified the glazing unit with electrically controllable optical properties, as taught by Reichmann, with the control unit that assigns a respective voltage ramp to each temperature, as taught by Pradhan, for the purpose of providing a way to effect rapid switching without damaging the device (¶0059).
Reichmann teaches, as claimed in claim 3, wherein the functional element (14 and 18) is divided into at least two separate segments (14 and 18) and each segment (14 and 18) is electrically connected to the control unit (Fig. 3 “controller” and “e-clement”) so that the electrical voltage with the calculated voltage ramp can be applied for each segment independently of one another3(24 and 26, Page 7, last paragraph “a voltage U is applied to the electrical connections 24 and 26 (FIG. 1) of the electrochromic element”).
Reichmann teaches, as claimed in claim 7, wherein the laminated pane (10 and 22) has an outer pane (10) and an inner pane (22), and the functional element (14 and 18) is arranged between the outer pane (10) and the inner pane (22).
Reichmann teach, as claimed in claim 10, a method comprising controlling a glazing unit with electrically controllable optical properties, wherein the control unit (Fig. 3 “controller”) ascertaing the temperature, selecting the a voltage ramp from the data set on the basis of the ascertained temperature or calculating it by means of the programmed function (Page 8, paragraph 4 “the temperature of the electrochromic element is generally determined using a suitable temperature sensor (denoted by T), the measured values of which are queried by the controller”), and applying the electrical voltage with the selected or calculated voltage ramp to the functional element (Fig.3, Page 11, first paragraph “This resulted in the values of parameters A and 3 for equation (1) for A = 4 V and B = 0.025 V / ° C (temperature T m ° C), .sub.i.e. U .sub.nax = 4 V - 0.025 V / ° CT for the single color process and U .sub.max = -4 V + 0.025 V / ° C .sup.• T for the decolorization process. It can be seen from FIGS. 5 and 6 that the voltage U was steadily increased or decreased, starting from an open-circuit voltage of approximately 0.7 V (coloring) or + 0.7 V individual coloring, the starting phase during coloring process after about 16 s and in the decolorization process after about 12 s by reaching the final value U.sub.max of + 3.5 V or - 3.5 V was completed”).
Reichmann teaches, as claimed in claim 15, a method comprising providing a glazing unit as a window pane of a vehicle (Page 2, last paragraph “electrochromic element used in motor vehicles as a window pane”).
Reichmann teaches, as claimed in claim 18, wherein the at least two separate segments (14 and 18) are changed (Page 6, paragraph 1 “the layers 14, 18 are collectively referred to as electrochromic layers 14, 18...electrochromic elements with two layers which can be colored”).
Reichmann teaches, as claimed in claim 19, wherein the window pane is a side pane, windshield, rear pane or roof pane (Page 2, last paragraph “electrochromic element used in motor vehicles as a window pane”).
Claims 6, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Reichmann (WO Patent Number 9837453 A1) in view of May (US Patent Publication Number 2006/0279839 A1).
Reichmann fails to teach, as claimed in claim 6, wherein the functional element is a PDLC functional element or an SPD functional element. In a related art, May teaches wherein the functional element is a PDLC functional element (¶0017 “the active layer 116 may be a continuous dichroic-doped PDLC layer that appears white (or black) in color under a no voltage condition”).
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified the glazing unit, as taught by Reichmann, with the functional element, as taught by May, for the purpose of providing an electrochromic material active layer that may enable the screen to switch from white to gray or white to clear (¶0017).
Reichmann fails to teach, as claimed in claim 8, wherein the functional element has an active layer between a first planar electrode and a second planar electrode and the electrically controllable optical properties of the functional element are determined by the active layer. In a related art, May teaches wherein the functional element has an active layer (116, ¶0017 “the active 116 may be an optically and/or electrically active layer that responds to the application of light or voltage across itself with a change in its absorbance and/or reflectivity”) between a first planar electrode (118) and a second planar electrode (115) and the electrically controllable optical properties of the functional element are determined by the active layer (¶0017 “the active layer 116 may be a continuous dichroic-doped PDLC layer that appears white (or black) in color under a no voltage condition”).
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified the glazing unit, as taught by Reichmann, with the functional element that has an active layer, as taught by May, for the purpose of providing an electrochromic material active layer that may enable the screen to switch from white to gray or white to clear (¶0017).
Reichmann teach, as claimed in claim 9, wherein the first electrode is formed on the basis of indium tin oxide (ITO) (Page 10, paragraph 4 “transparent electrode layers 12, 20 made of ITO (indium tin oxide)”).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Reichmann (WO Patent Number 9837453 A1) in view of Berard (US Patent Publication Number 2018/0074251 A1).
Reichmann teach, as claimed in claim 11, wherein the temperature of the functional element (14 and 18) is measured with a temperature sensor. Reichmann fails to teach a temperature sensor attached to the laminated pane. In a related art, Berard teaches temperature sensor attached to the laminated pane (¶0106 “a laminated glazing unit including said first glazing pane made of preferably clear or extra-clear mineral glass” and ¶0202 “a temperature sensor (exterior sensor or sensor integrated into the glass)”).
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified the glazing unit, as taught by Reichmann, with the temperature sensor attached to the laminated pane, as taught by Berard, for the purpose of providing a way to significantly decrease the maximum temperatures of which the light sources that may be exposed (¶0203).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Reichmann (WO Patent Number 9837453 A1) in view of Saenger (US Patent Publication Number 2021/0048706 A1).
Reichmann fails to teach, as claimed in claim 12, wherein an impedance of the functional element is ascertained by means of the control unit, and wherein the temperature of the functional element is calculated by means of the impedance. In a related art, Saenger teaches wherein an impedance of the functional element (¶0003 “EO media such as electrochromic materials”) is ascertained by means of the control unit (“a selected EO element 100 such as … the impedance of a field effect device in order to calculate the effective temperature of the EO media and target certain optical state specified by the controller or the user”) and wherein the temperature of the functional element is calculated by means of the impedance (¶0043 “a selected EO element 100 such as steady state current for a non-memory electro-optic device, the draw current of an electro-optic memory device or the impedance of a field effect device in order to calculate the effective temperature of the EO media and target certain optical state specified by the controller or the user”).
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified the glazing unit, as taught by Reichmann, with the impedance of the functional element is ascertained by means of the control unit, as taught by Saenger, for the purpose of providing a way to maintain a desired level of light transmission upon the removal of the electric potential (¶0004).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Reichmann (WO Patent Number 9837453 A1) in view of Zedlitz (US Patent Publication Number 2020/0057346 A1).
Reichmann fails to teach, as claimed in claim 14, a non-transitory computer readable medium comprising instructions which is installed in the control unit of a glazing unit. In a related art, Zedlitz teaches a non-transitory computer readable medium comprising instructions which is installed in the control unit (10) of a glazing unit (¶0030 “a computer program product for controlling the tint of tintable windows on a network using an event-based model, the computer program product including computer-readable program code capable of being executed by processors when retrieved from a non-transitory computer-readable medium”).
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified the glazing unit, as taught by Reichmann, with a non-transitory computer readable medium, as taught by Zedlitz, for the purpose of providing a way to control of the amount of light that passes through the windows (¶0007).
Allowable Subject Matter
Claims 2, 4, 5 and 16 and 17 are allowed.
The prior art fails to teach all of the limitations of claim 2, which include the functional element comprises at least two switching states with different optical properties and there is a temperature with a time tmax that corresponds to the longest possible switching time required, wherein each voltage ramp selected or calculated on the basis of the ascertained temperature results in a switching time tswitch that is longer than or equal to tmax, so that the switching time tswitch results when an electrical voltage is applied to the functional element.
Remaining claims 4, 5, 16 and 17 have dependency upon allowable independent claim 2.
Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art fails to teach all of the limitations of claim 13, wherein the control unit is connected to a DC voltage source and is equipped with a DC voltage converter, which converts a primary voltage of the DC voltage source into a higher secondary voltage, and is equipped with an inverter, which converts the secondary voltage into an AC voltage, which is applied to the functional element, and wherein the control unit ascertains the impedance of the functional element from a measurement of the current consumption of the inverter.
Conclusion
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 JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOURNEY F. SUMLAR
Examiner
Art Unit 2872
24 August 2026
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872
1 Fig. 4 Stage 1 shows Umax as a voltage ramp.
2 Page 2, paragraph 4 teaches the electrochromic element has at least one electrochromic layer which can be reversibly colored”. Therefore, electrochromic layers 14 and 18 would be where the coloring and decoloring takes place in reference to the voltage.
3 Segment 14 receives voltage from the connection 24 and segment 18 receives voltage from connection 26 which are independent from each other.
Prosecution Insights