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 Amendment
The amendments to the claims in the submission dated 02/29/2024 are acknowledged and accepted. Claims 5, 6, and 8 are amended. Claims 11, 14, 17, 21, and 26 are cancelled. Claims 1-10, 12-13, 15-16, 18-20, 22-25, and 27-37 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) were submitted on 12/24/2024 and 03/06/2026. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, 9-10, 18-20, 22, 33, and 35-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Friedman et al., US 2016/0154289 A1 (referenced in the IDS dated 12/24/2024 and hereinafter referred to as Friedman).
As to claim 1, Friedman teaches an electrochromic vacuum insulated glass unit (Friedman, Fig. 4, 400a, paragraph [0056], a window unit, 400a), comprising a first electrochromic device (Friedman, Fig. 4, 410, paragraph [0056], “an EC device, 410”) and a first vacuum insulated glass unit (Friedman, Fig. 4, 405, 415, paragraph [0056], “a first inner region between pane 405 and pane 415,” paragraph [0052], in the region between the first and second architectural glass panes is a vacuum).
As to claim 2, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 1, wherein the first electrochromic device is in or on the first vacuum insulated glass unit (Friedman, Fig. 4, 410, paragraph [0056], the EC device 410 is on the pane 405 in the interior space between pane 405 and pane 415, thus within the vacuum insulated glass unit).
As to claim 3, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 2, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 2, wherein the first electrochromic device is within an evacuated volume of the first vacuum insulated glass unit (Friedman, Fig. 4, 410, paragraph [0056], the EC device 410 is in the interior space between pane 405 and pane 415, thus within the vacuum insulated glass unit).
As to claim 4, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 3, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 3, wherein the first electrochromic device is reflective and/or absorptive (Friedman, Fig. 4, 410, paragraph [0034], “the EC devices has an UV and/or IR absorber and/or a UV and/or IR reflective layer thereon”).
As to claim 5, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 1, wherein the first vacuum insulated glass unit comprises a first substrate (Friedman, Fig. 4, 405, paragraph [0056], a first pane 405) and a second substrate (Friedman, Fig. 4, 435, paragraph [0056], a third pane 435).
As to claim 6, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 5, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 5, wherein the first electrochromic device is disposed on an inner surface of one of the first and second substrates (Friedman, Fig. 4, 410, paragraph [0056], the EC device 410 is on the pane 405 in the interior space between pane 405 and pane 415).
As to claim 7, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 5, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 5, further comprising a third substrate (Friedman, Fig. 4, 415, paragraph [0056], a second pane 415).
As to claim 9, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 7, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 7, further comprising:
a spacer (Friedman, Fig. 4, 425a, paragraph [0056], a separator 425a); and
a primary seal (i) between the spacer and the first vacuum insulated glass unit and (ii) between the spacer and the third substrate (Friedman, Fig. 4, 425a, paragraph [0056], “a separator (as described herein), 425a, separates and seals.” Note: in paragraph [0038] Friedman teaches the separator 225(425a) may be made of multiple parts, the parts of the separator include a spacer and two seals that seal the areas where the spacer touches each of the panes, referred to as primary seals. Thus the separator, 425a, which separates and seals, has a primary seal (i) between the spacer and the pane 405 and (ii) between the spacer and the third substrate 415), wherein the primary seal is configured to seal a gas-filled interior region between the first vacuum insulated glass unit and the third substrate (Friedman, Fig. 4, 425a, paragraph [0056], “a separator (as described herein), 425a, separates and seals.” Note: in paragraph [0052] Friedman teaches the sealing separator defines, together with the first and second panes, an interior region between the first and second panes, and has an inert gas or vacuum in the interior region).
As to claim 10, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 9, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 9, further comprising a second electrochromic device disposed on an inner surface of the third substrate (Friedman, Fig. 4, 420, paragraph [0056], pane 415 has an EC device, 420, thereon).
As to claim 18, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 5, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 5, further comprising:
a spacer (Friedman, Fig. 4, 425a, paragraph [0056], a separator 425a); and
a primary seal (i) between the spacer and the first vacuum insulated glass unit and (ii) between the spacer and the second substrate (Friedman, Fig. 4, 425a, paragraph [0056], “a separator (as described herein), 425a, separates and seals.” Note: in paragraph [0038] Friedman teaches the separator 225(425a) may be made of multiple parts, the parts of the separator include a spacer and two seals that seal the areas where the spacer touches each of the panes, referred to as primary seals. Thus the separator, 425a, which separates and seals, has a primary seal (i) between the spacer and the pane 405 and (ii) between the spacer and the third substrate 415), wherein the primary seal is configured to seal a gas-filled interior region between the first vacuum insulated glass unit and the third substrate (Friedman, Fig. 4, 425a, paragraph [0056], “a separator (as described herein), 425a, separates and seals.” Note: in paragraph [0052] Friedman teaches the sealing separator defines, together with the first and second panes, an interior region between the first and second panes, and has an inert gas or vacuum in the interior region).
As to claim 19, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 18, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 18, wherein the primary seal is configured to hermetically seal the evacuated volume of the first vacuum insulated glass unit (Friedman, Fig. 4, 425, paragraph [0039], the sealing separator hermetically seals the interior region).
As to claim 20, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 18, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 18, wherein at least a portion of a perimeter edge of the first electrochromic device is within the primary seal (Friedman, Fig. 4, 410, 425, the perimeter edge of the first EC 410 is withing the separator 425a as shown in the annotated figure 4 below).
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As to claim 22, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 18, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 18, further comprising at least one bus bar disposed on a conductive layer of the first electrochromic device (Friedman, Fig. 5, 520, 504, paragraph [0079], a bus bar is in contact with the conductive layer 504 of the electrochromic stack 520).
As to claim 33, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 3, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 2, wherein the first vacuum insulated glass unit comprises a first substrate (Friedman, Fig. 4, 415, paragraph [0056], a second pane 415) and a second substrate (Friedman, Fig. 4, 435, paragraph [0056], a third pane 435), and wherein the electrochromic vacuum insulated glass unit further comprises a third substrate (Friedman, Fig. 4, 405, paragraph [0056], a first pane 405).
As to claim 35, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 33, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 33, further comprising:
a spacer (Friedman, Fig. 4, 425a, paragraph [0056], a separator 425a); and
a primary seal (i) between the spacer and the first vacuum insulated glass unit and (ii) between the spacer and the second substrate (Friedman, Fig. 4, 425a, paragraph [0056], “a separator (as described herein), 425a, separates and seals.” Note: in paragraph [0038] Friedman teaches the separator 225(425a) may be made of multiple parts, the parts of the separator include a spacer and two seals that seal the areas where the spacer touches each of the panes, referred to as primary seals. Thus the separator, 425a, which separates and seals, has a primary seal (i) between the spacer and the pane 405 and (ii) between the spacer and the third substrate 415), wherein the primary seal is configured to seal a gas-filled interior region between the first vacuum insulated glass unit and the third substrate (Friedman, Fig. 4, 425a, paragraph [0056], “a separator (as described herein), 425a, separates and seals.” Note: in paragraph [0052] Friedman teaches the sealing separator defines, together with the first and second panes, an interior region between the first and second panes, and has an inert gas or vacuum in the interior region).
As to claim 36, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 35, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 35, wherein the first electrochromic device is disposed on an inner surface of the third substrate (Friedman, Fig. 4, 410, paragraph [0056], the EC device 410 is on the pane 405 in the interior space between pane 405 and pane 415).
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 8 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Friedman et al., US 2016/0154289 A1 (referenced in the IDS dated 12/24/2024 and hereinafter referred to as Friedman), and further in view of Rozbicki et al., US 2021/0191216 A1 (referenced in the IDS dated 12/24/2024 and hereinafter referred to as Rozbicki).
As to claim 8, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 7. Friedman does not teach the electrochromic vacuum insulated glass unit of claim 7, wherein the third substrate is laminated with a lamination adhesive to an outer surface of the one of the first and second substrates on which the first electrochromic device is disposed.
However, in the same field of endeavor Rozbicki teaches an electrochromic vacuum insulated glass unit (Rozbicki, Fig. 4A, 475d, paragraph [0066], IGU 475d includes EC IGU 200 referred to in figure 2A), wherein the third substrate is laminated with a lamination adhesive to an outer surface of the one of the first and second substrates on which the first electrochromic device is disposed (Rozbicki, Fig. 4A, 485, 480, paragraph [0066], the IGU 475d includes a lite 485 which is laminated to IGU 200 using a lamination adhesive 180).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochromic vacuum insulated glass unit of Friedman wherein the third substrate is laminated with a lamination adhesive to an outer surface of the one of the first and second substrates on which the first electrochromic device is disposed of Rozbicki, because doing so allows for much greater flexibility in manufacturing choices (Rozbicki, paragraph [0066]).
As to claim 23, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 22. Friedman does not teach electrochromic vacuum insulated glass unit of claim 22, wherein the at least one bus bar lies between the edge spacer and the substrate on which the first electrochromic device is disposed.
However, in the same field of endeavor Rozbicki teaches an electrochromic vacuum insulated glass unit (Rozbicki, Fig. 2A, 200, paragraph [0041], an EC IGU 200) wherein the at least one bus bar lies between the edge spacer and the substrate on which the first electrochromic device is disposed (Rozbicki, Fig. 2A, 270, paragraph [0041], “bus bar 270 is under the spacer 220 and embedded in the primary seal 230 of the IGU 200; that is, the bus bar is sandwiched between the substantially transparent substrate and the spacer 200”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochromic vacuum insulated glass unit of Friedman with wherein the at least one bus bar lies between the edge spacer and the substrate on which the first electrochromic device is disposed of Rozbicki, because doing so avoids electrical shorting between the bus bar and the spacer (Rozbicki, paragraph [0041]).
As to claim 24, Friedman in view of Rozbicki teaches all the limitations of the instant invention as detailed above with respect to claim 23. Friedman does not teach the electrochromic vacuum insulated glass unit of claim 23, wherein the at least one bus bar lies within the primary seal.
However, in the same field of endeavor Rozbicki teaches the electrochromic vacuum insulated glass, wherein the at least one bus bar lies within the primary seal (Rozbicki, Fig. 2A, 270, paragraph [0041], “bus bar 270 is under the spacer 220 and embedded in the primary seal 230 of the IGU 200”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochromic vacuum insulated glass unit of Friedman with wherein the at least one bus bar lies within the primary seal of Rozbicki, because doing so avoids electrical shorting between the bus bar and the spacer (Rozbicki, paragraph [0041]).
Claims 12-13, 15-16, 34 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Friedman et al., US 2016/0154289 A1 (referenced in the IDS dated 12/24/2024 and hereinafter referred to as Friedman), and further in view of Brown et al., WO 2016086017 A1 (referenced in the IDS dated 12/24/2024 and hereinafter referred to as Brown).
As to claim 12, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 9. Friedman does not teach the electrochromic vacuum insulated glass unit of claim 9, further comprising a fourth substrate laminated to the outer surf ace of the third substrate.
However, in the same field of endeavor Brown teaches an electrochromic vacuum insulated glass unit (Brown, Fig. 12, 1240, page 28, second paragraph, electrochromic insulating glass unit (IGU) 1240), further comprising a fourth substrate laminated to the outer surf ace of the third substrate (Brown, Fig. 12, 1200b, 1240b, page 28, lines 26-28, EC windows having one, two or more electrochromic panes, the 1200b pane of EC window 1240b is considered the fourth substrate and is laminated to the third substrate 1200a via the spacer 1201. Further, on page 109, claim 19, a network of electrochromic windows each having an electrochromic pane, an additional pane, and a sealing separator positioned between the electrochromic lite and the additional pane).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochromic vacuum insulated glass unit of Friedman further comprising a fourth substrate laminated to the outer surf ace of the third substrate of Brown, because EC windows having one, two or more electrochromic panes are suited for controllers due to their excellent switching and transition characteristics as well as low defectivity (Brown, page 28, lines 26-31).
As to claim 13, Friedman in view of Brown teaches all the limitations of the instant invention as detailed above with respect to claim 12. Friedman does not teach the electrochromic vacuum insulated glass unit of claim 12, further comprising a second electrochromic device disposed between the third substrate and the fourth substrate.
However, in the same field of endeavor Brown teaches an electrochromic vacuum insulated glass unit (Brown, Fig. 12, 1240, page 28, second paragraph, electrochromic insulating glass unit (IGU) 1240), further comprising a second electrochromic device disposed between the third substrate and the fourth substrate (Brown, Fig. 12, 1240b, page 28, second paragraph, three electrochromic IGUs 1240a-c are stacked, the middle electrochromic IGU is 1240b and is disposed between the third substrate 1200a and the fourth substrate 1200b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochromic vacuum insulated glass unit of Friedman further comprising a second electrochromic device disposed between the third substrate and the fourth substrate of Brown, because EC windows having one, two or more electrochromic panes are suited for controllers due to their excellent switching and transition characteristics as well as low defectivity (Brown, page 28, lines 26-31).
As to claim 15, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 5, and Friedman further teaches a vacuum insulated glass unit (Friedman, Fig. 4, paragraph [0052], the interior region of an IGU is a vacuum).
Friedman does not teach the electrochromic vacuum insulated glass unit of claim 5, further comprising a second vacuum insulated glass unit and a second electrochromic device within an evacuated volume of the second vacuum insulated glass unit.
However, in the same field of endeavor Brown teaches an electrochromic vacuum insulated glass unit (Brown, Fig. 12, 1240a, page 28, second paragraph, electrochromic insulating glass unit (IGU) 1240a), further comprising a second vacuum insulated glass unit and a second electrochromic device within an evacuated volume of the second vacuum insulated glass unit (Brown, Fig. 12, 1240b, page 28, second paragraph, three electrochromic IGUs 1240a-c are stacked, the middle electrochromic IGU is 1240b and is disposed between the third substrate 1200a and the fourth substrate 1200b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochromic vacuum insulated glass unit of Friedman further comprising a second vacuum insulated glass unit and a second electrochromic device within an evacuated volume of the second vacuum insulated glass unit of Brown, because EC windows having one, two or more electrochromic panes are suited for controllers due to their excellent switching and transition characteristics as well as low defectivity (Brown, page 28, lines 26-31).
As to claim 16, Friedman in view of Brown teaches all the limitations of the instant invention as detailed above with respect to claim 15, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 15, wherein the second electrochromic device is disposed on an inner surface of a substrate of the second inner space (Friedman, Fig. 4, 400b, 420, paragraph [0056], in configuration 400b the EC device 420 is in the second interior space).
Friedman does not teach the second vacuum insulated glass unit.
However, in the same field of endeavor Brown teaches the second vacuum insulated glass unit (Brown, Fig. 12, 1240b, page 28, second paragraph, adjacent electrochromic IGU 1240 b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochromic vacuum insulated glass unit of Friedman with the second vacuum insulated glass unit of Brown, because EC windows having one, two or more electrochromic panes are suited for controllers due to their excellent switching and transition characteristics as well as low defectivity (Brown, page 28, lines 26-31).
As to claim 34, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 33. Friedman does not teach the electrochromic vacuum insulated glass unit of claim 9, further comprising a fourth substrate laminated to the outer surf ace of the third substrate.
However, in the same field of endeavor Brown teaches an electrochromic vacuum insulated glass unit (Brown, Fig. 12, 1240, page 28, second paragraph, electrochromic insulating glass unit (IGU) 1240), further comprising a fourth substrate laminated to the outer surf ace of the third substrate (Brown, Fig. 12, 1200b, 1240b, page 28, lines 26-28, EC windows having one, two or more electrochromic panes, the 1200b pane of EC window 1240b is considered the fourth substrate and is laminated to the third substrate 1200a via the spacer 1201. Further, on page 109, claim 19, a network of electrochromic windows each having an electrochromic pane, an additional pane, and a sealing separator positioned between the electrochromic lite and the additional pane).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochromic vacuum insulated glass unit of Friedman further comprising a fourth substrate laminated to the outer surf ace of the third substrate of Brown, because EC windows having one, two or more electrochromic panes are suited for controllers due to their excellent switching and transition characteristics as well as low defectivity (Brown, page 28, lines 26-31).
As to claim 37, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 35. Friedman does not teach the electrochromic vacuum insulated glass unit of claim 35, further comprising a fourth substrate laminated to an outer surface of the third substrate, wherein the first electrochromic device is disposed between the third substrate and the fourth substrate.
However, in the same field of endeavor Brown teaches an electrochromic vacuum insulated glass unit (Brown, Fig. 12, 1240, page 28, second paragraph, electrochromic insulating glass unit (IGU) 1240), further comprising a fourth substrate laminated to the outer surf ace of the third substrate (Brown, Fig. 12, 1200b, 1240b, page 28, lines 26-28, EC windows having one, two or more electrochromic panes, the 1200b pane of EC window 1240b is considered the fourth substrate and is laminated to the third substrate 1200a via the spacer 1201. Further, on page 109, claim 19, a network of electrochromic windows each having an electrochromic pane, an additional pane, and a sealing separator positioned between the electrochromic lite and the additional pane).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochromic vacuum insulated glass unit of Friedman further comprising a fourth substrate laminated to the outer surf ace of the third substrate of Brown, because EC windows having one, two or more electrochromic panes are suited for controllers due to their excellent switching and transition characteristics as well as low defectivity (Brown, page 28, lines 26-31).
Thus, Friedman and Brown discloses the claimed invention except for wherein the first electrochromic device is disposed between the third substrate and the fourth substrate. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the electrochromic vacuum insulated glass unit, wherein the first electrochromic device is disposed between the third substrate and the fourth substrate, since it has been held that a mere reversal of the working parts of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) (Prior art disclosed a clock fixed to the stationary steering wheel column of an automobile while the gear for winding the clock moves with steering wheel; mere reversal of such movement, so the clock moves with wheel, was held to be an obvious modification.). See MPEP §2144.04(VI)(A).
Claims 25 and 27-32 are rejected under 35 U.S.C. 103 as being unpatentable over Friedman et al., US 2016/0154289 A1 (referenced in the IDS dated 12/24/2024 and hereinafter referred to as Friedman).
As to claim 25, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 2. Friedman does not explicitly teach the electrochromic vacuum insulated glass unit of claim 2, wherein the first electrochromic device is not within an evacuated volume of the first vacuum insulated glass unit (Friedman, Fig. 4, 420, paragraph [0056], “in configuration 400b, EC device 420 is in the second interior space.” Note: In paragraph [0056] Friedman teaches “one of ordinary skill in the art would appreciate that the EC devices… can be on faces of the panes that are exposed to ambient conditions, rather than an interior region, without escaping the scope of the invention”).
Thus, Friedman discloses the claimed invention except for the first electrochromic device is not within an evacuated volume of the first vacuum insulated glass unit. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the electrochromic vacuum insulated glass unit, wherein the first electrochromic device is not within an evacuated volume of the first vacuum insulated glass unit, since it has been held that a mere reversal of the working parts of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) (Prior art disclosed a clock fixed to the stationary steering wheel column of an automobile while the gear for winding the clock moves with steering wheel; mere reversal of such movement, so the clock moves with wheel, was held to be an obvious modification.). See MPEP §2144.04(VI)(A).
As to claim 27, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 25, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 25, wherein the first vacuum insulated glass unit comprises at least two substrates (Friedman, Fig. 4, 405, 415, 435, paragraph [0056], panes 405, 415, and 435 are considered the at least two substrates), wherein the first electrochromic device is disposed on an surface of one of the at least two substrates (Friedman, Fig. 4, 410, paragraph [0056], the first EC device is on the inner surface of pane 405).
Friedman does not teach the electrochromic vacuum insulated glass unit wherein the first electrochromic device is disposed on an outer surface of one of the at least two substrates (Note: In paragraph [0056] Friedman teaches “one of ordinary skill in the art would appreciate that the EC devices… can be on faces of the panes that are exposed to ambient conditions, rather than an interior region, without escaping the scope of the invention”).
Thus, Friedman discloses the claimed invention except for the first electrochromic device is disposed on an outer surface of one of the at least two substrates. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the electrochromic vacuum insulated glass unit, wherein the first electrochromic device is disposed on an outer surface of one of the at least two substrates, since it has been held that a mere reversal of the working parts of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) (Prior art disclosed a clock fixed to the stationary steering wheel column of an automobile while the gear for winding the clock moves with steering wheel; mere reversal of such movement, so the clock moves with wheel, was held to be an obvious modification.). See MPEP §2144.04(VI)(A).
As to claim 28, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 25, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 25, wherein the first vacuum insulated glass unit comprises a first substrate (Friedman, Fig. 4, 435, paragraph [0056], a third pane 435), a second substrate (Friedman, Fig. 4, 415, paragraph [0056], a second pane 415), and a third substrate laminated to the second substrate (Friedman, Fig. 4, 405, paragraph [0056], a first pane 405).
As to claim 29, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 28, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 28, wherein the first electrochromic device is disposed between the second substrate and the third substrate (Friedman, Fig. 4, 410, paragraph [0056], the first EC device is disposed between pane 405 and pane 415).
As to claim 30, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 29, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 29, wherein the first vacuum insulated glass unit further comprises:
an edge spacer along a perimeter of the first vacuum insulated glass unit, between the first substrate and the second substrate (Friedman, Fig. 4, 425, paragraph [0056], separators 425a and 425b separate the panes);
one or more inner spacers between the first substrate and the second substrate (Friedman, Fig. 4, 425, paragraph [0056], separators 425 include spacers and seals, paragraph [0038], the separator may be made of multiple parts including spacers); and
a primary seal between the first and second substrates and the edge spacer and the one or more inner spacers (Friedman, Fig. 4, 425, paragraph [0056], separators 425 include spacers and seals, paragraph [0038], the separator may be made of multiple parts including spacers and one or more adhesives and/or sealing elements, two seals that seal the areas where the spacers touch each of the panes are referred to as primary seals).
As to claim 31, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 25, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 25, further comprising a second vacuum insulated glass unit (Friedman, Fig. 4, 415, 435, paragraph [0056], a second inner region, between pane 415 and pane 435).
Friedman does not teach the electrochromic vacuum insulated glass unit wherein the first electrochromic device disposed between substrates of the first and second vacuum insulated glass units (Friedman, Fig. 4, 410, 420, paragraph [0056], a second EC device 420 is disposed between substrates of the first and second glass units as shown in both variations 400a and 400b).
Thus, Friedman discloses the claimed invention except for wherein the first electrochromic device disposed between substrates of the first and second vacuum insulated glass units. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the electrochromic vacuum insulated glass unit, wherein the first electrochromic device is disposed between substrates of the first and second vacuum insulated glass units, since it has been held that a mere reversal of the working parts of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) (Prior art disclosed a clock fixed to the stationary steering wheel column of an automobile while the gear for winding the clock moves with steering wheel; mere reversal of such movement, so the clock moves with wheel, was held to be an obvious modification.). See MPEP §2144.04(VI)(A).
As to claim 32, Friedman teaches all the limitations of the instant invention as detailed above with respect to claim 31, and Friedman further teaches the electrochromic vacuum insulated glass unit of claim 31, wherein the first vacuum insulated glass unit further comprises:
an edge spacer along a perimeter of the first vacuum insulated glass unit, between the first substrate and the second substrate (Friedman, Fig. 4, 425, paragraph [0056], separators 425a and 425b separate the panes);
one or more inner spacers between the first substrate and the second substrate (Friedman, Fig. 4, 425, paragraph [0056], separators 425 include spacers and seals, paragraph [0038], the separator may be made of multiple parts including spacers); and
a primary seal between the first and second substrates and the edge spacer and the one or more inner spacers (Friedman, Fig. 4, 425, paragraph [0056], separators 425 include spacers and seals, paragraph [0038], the separator may be made of multiple parts including spacers and one or more adhesives and/or sealing elements, two seals that seal the areas where the spacers touch each of the panes are referred to as primary seals).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A JONES whose telephone number is (703)756-4574. The examiner can normally be reached Monday - Friday 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached at 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JENNIFER A JONES
Examiner
Art Unit 2872
/JENNIFER A JONES/Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872