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 .
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 18, 2026; September 8, 2026 has been entered.
Response to Amendment
Applicant’s amendments have resolved the USC 112(b) issues. Applicant’s remarks with respect to claim 1 and they pertain to the prior art have been considered but are moot in view of the new ground(s) of rejection, as necessitated by amendment.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 4-5, 7, 10-11, 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Jain et al. (US 2009/0296188 - Jain; of record) in view of Boreman et al. (US 2013/0038937 - Boreman; of record) and Watanabe et al. (US 2016/0145736 - Watanabe; of record).
As to claim 1, Jain teaches an active radiation control window (Jain Figs. 2, 4, 6; Figs. 11a,b) comprising
a control layer comprising a plurality of layers (Jain Fig. 2 - 21, 23, 22) configured to control transmissivity or absorptivity of a near-infrared light according to an applied voltage (Jain Fig. 2; Fig. 11a - programmable blazed diffraction grating; para. [0021]-[0023]);
a filter layer (Jain Figs. 11a, b - reflection pane; para. [0017], [0054]) disposed under the control layer (Jain Figs. 11a, b), the filter layer comprises a plurality of dielectric layers (Jain Fig. 8 - 2, 3; para. [0070], [0072]; Table 1), the filter layer is configured to transmit a visible light and to reflect the near-infrared light (Jain Figs. 11a, b - reflection pane; para. [0017], [0054] - as discussed and shown, reflection pane transmits Vis and reflects near IR)
a resonance layer (Jain Fig. 11a - inner glass) disposed between the control layer and the filter layer (Jain Fig. 11a - grating, inner glass, reflection pane), and having a dielectric material (Jain Fig. 4 - 46; para. [0062]; Fig. 11a - glass; para. [0032]);
wherein transmissivity of the visible light is maintained and reflectivity of the near-infrared light is controlled when the applied voltage is changed (Jain Figs. 11a, b - as shown, when the voltage is changed, the NIR light is reflected out; for both voltage states, the transmissivity of the Vis is maintained).
Jain doesn’t specify the plurality of layers (e.g. the electrodes 21, 22) are graphene and the filter layer includes a metal layer interposed between the dielectrics.
In the same field of endeavor Boreman teaches tunable diffraction gratings with graphene electrodes (Boreman Fig. 2A - 12; para. [0031]).
In the same field of endeavor Watanabe teaches radiation control windows with filter layers with a plurality of dielectrics (Watanabe Fig. 1 - 10, 21, 22, 30; para. [0029], [0033], [0043], [0044]; Fig. 2 - 10, 20, 30) and a metal layer interposed between the dielectrics (Watanabe Fig. 1 - 25; para. [0033], [000036]-[0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide graphene It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide stacked graphene since as taught by Boreman, such material is well known in the art as an electrode (Boreman para. [0031]) and to provide a filter with a plurality of dielectrics and an interposed metal layer since, such filters are well known in the art for transmitting visible and reflecting IR (Watanabe Fig. 2; para. [0019], [0036]).
As to claim 2, Jain in view of Boreman and Watanabe teaches all the limitations of the instant invention as detailed above in claim 1, and Jain further teaches the control layer controls
the transmissivity of the near-infrared light when a first voltage is applied to be higher than that when a second voltage different from the first voltage is applied (Jain Figs. 4, 11a, 11b; para. [0021]-[0023]);
the absorptivity of the near-infrared light when the first voltage is applied to be lower than that when the second voltage is applied (Jain Figs. 4, 11a, 11b; para. [0021]-[0023]); or
a difference the transmissivity and the absorptivity of the visible light according to application of the first and second voltages is less than a difference of the transmissivity and the absorptivity of the near-infrared light according to application of the first and second voltages (Jain Figs. 4, 11a, 11b; para. [0021]-[0023]).
As to claim 4, Jain in view of Boreman and Watanabe teaches all the limitations of the instant invention as detailed above in claim 1, and Watanabe further teaches the dielectric layers comprise ITO (Watanabe para. [0043], [0132]) and the at least one metal layer comprises silver (Ag) (Watanabe para. [0036]).
As to claim 5, Jain in view of Boreman and Watanabe teaches all the limitations of the instant invention as detailed above in claim 4, and Jain/Watanabe further teaches the dielectric layer comprises a light transmissive material for the visible light and the near-infrared light (Jain Figs. 11a, b; para. [0088]; Watanabe para. [0043]).
As to claim 7, Jain in view of Boreman and Watanabe teaches all the limitations of the instant invention as detailed above in claim 1, and Jain further teaches the dielectric layers comprise a first dielectric material layer having a first refractive index (Jain Fig. 8 - 2, 3; para. [0070], [0072]; Table 1) and a second dielectric material layer having a second refractive index lower than the first refractive index (Jain Fig. 8 - 2, 3; para. [0070], [0072]; Table 1), the first dielectric material layer and the second dielectric material layer are alternately stacked (Jain Fig. 8 - 2, 3; para. [0070], [0072]; Table 1).
As to claim 10, Jain in view of Boreman and Watanabe teaches all the limitations of the instant invention as detailed above in claim 1, and Jain further teaches the resonance layer has a uniform thickness (Jain Figs. Fig. 4 - 46; 11a, b - inner glass).
As to claim 11, Jain in view of Boreman and Watanabe teaches all the limitations of the instant invention as detailed above in claim 1, and Jain further teaches a protective layer formed on the control layer with a light transmissive material (Jain Fig. 6 - 44, 21; para. [0059]; Fig. 11a - UV blocking layer, outer glass).
As to claim 13, Jain in view of Boreman and Watanabe teaches all the limitations of the instant invention as detailed above in claim 11, and Jain further teaches an insulating layer (Jain Fig. 6 - 61; para. [0064]) disposed between the protective layer and the control layer (Jain Fig. 6 - 61, 44, 23) and configured to electrically insulate the protection layer from the control layer (Jain Fig. 6 - 61, 21; para. [0064]).
As to claim 14, Jain in view of Boreman and Watanabe teaches all the limitations of the instant invention as detailed above in claim 1, and Jain further teaches an electrode layer (Jain Fig. 6 - 22; para. [0063]) disposed over the resonance layer (Jain Fig. 6 - 22, 46), and configured to provide a power to apply an electric field to the resonance layer (Jain Fig. 6 - 22; para. [0063], [0064]).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Jain, Boreman, and Watanabe as applied to claim 1 above, and further in view of McLaughlin et al. (US 4,749,261 - McLaughlin; of record).
As to claim 15, Jain in view of Boreman and Watanabe teaches all the limitations of the instant invention as detailed above in claim 1, but doesn’t specify an adhesive layer disposed on the control layer. In the same field of endeavor McLaughlin teaches IR control windows with control layers (McLaughlin Fig. 7 - 168, 160) and adhesive layer on the control layer (McLaughlin Fig. 7 - 158; col. 13:10-15). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide an adhesive layer since, as taught by McLaughlin, adhesive layers are well known in the art for the purpose of attaching layers (McLaughlin Fig. 7 - 158; col. 13:10-15).
As to claim 16, Jain in view of Boreman and Watanabe teaches all the limitations of the instant invention as detailed above in claim 1, but doesn’t specify an adhesive layer disposed under a substrate on which the filter layer is formed. In the same field of endeavor, McLaughlin teaches IR control windows with filter layer (McLaughlin Fig. 7 - 168, 160) with an adhesive layer (McLaughlin Fig. 7 -158; col. 13:10-15) formed under a substrate (McLaughlin Fig. 7 - 166, 154, 156, 152) on which a filter layer is formed (McLaughlin Fig. 7 - 152, 154, 166; col. 12:65-68; col. 13:1-20). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide an adhesive layer since, as taught by McLaughlin, adhesive layers are well known in the art for the purpose of attaching layers (McLaughlin Fig. 7 - 158; col. 13:10-15).
Claims 1-2, 7, 10-11, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 111983827 - Wang; of record; text reference made to the attached machine translation) in view of Apfel (US 3,682,528; of record).
As to claim 1, Wang teaches an active radiation control window (Wang Fig. 1; Fig. 2; Figs. 5a-c; Fig. 6), comprising
a control layer (Wang Fig. 1 - 2; para. [0043]) comprising a plurality of graphene layers (Wang Fig. 6; para. [0018], [0053], [0054]) and configured to control transmissivity or absorptivity of a near-infrared (NIR) light according to an applied voltage (Wang Fig. 3c)
a filter layer disposed under the control layer (Wang Fig. 1 - 4; Fig. 3a; para. [0054] - aluminum layer being Vis/IR filter with notch at about 850nm (0.85um)) and the filter layers is configured to transmit a visible light an reflect the NIR light (Wang Fig. 3a; para. [0054]);
a resonance layer disposed between the control layer and the filter layer and having a dielectric material (Wang Fig. 1 - 3; para. [0043]);
wherein transmissivity of the visible light of the window is maintained and reflectivity of the near-infrared light of the window is controlled when the applied voltage is changed (Wang Figs. 5a-c; Fig. 6).
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Wang doesn’t specify the filter is a plurality of dielectric layer type filter comprising at least one metal layer interposed between the dielectric layers. In the same field of endeavor Apfel teaches radiation control windows with filter layers having a plurality of dielectric layers and a metal layer interposed between the dielectric layers (Apfel Fig. 1 - 22, 21, 18, 19, 17 16; col. 2:65-68; col. 3:1-8; col. 3:59-68; col. 4:1-10; col. 4:20-26; Fig. 3 - 27, 29, 32, 34, 37; col. 5:39-45).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide such Vis/IR dielectric layer since, as taught by Apfel, such NIR filters are well known in the art for transmitting visible and reflecting NIR light (Apfel col. 1:5-8; Fig. 2; Fig. 4).
As to claim 2, Wang in view of Apfel teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Wang further teaches the transmissivity of the NIR light when a first voltage is applied to be higher than when a second voltage different from the first voltage is applied (Wang Figs. 5a-c; Fig. 6);
the absorptivity of the NIR light when the first voltage is applied to be lower than that when the second voltage is applied (Wang Figs. 5b, 5c; para. [0002], [0006]); or
a difference of the transmissivity and the absorptivity of the visible light according to application of the first and second voltages is less than a difference of the transmissivity and the absorptivity of the NIR light according to application of the first and second voltages (Wang Figs. 5a-c; Fig. 6).
As to claim 7, Wang in view of Apfel teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Apfel further teaches the dielectric layers comprise a first dielectric layer having a first refractive index and a second dielectric material having a second refractive index lower than the first refractive index (Apfel col. 4:1-10; col. 3:2-8), the first dielectric material layer and the second dielectric material layer are alternately stacked (Apfel Figs. 1, 3).
As to claim 10, Wang in view of Apfel teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Wang further teaches the resonance layer has a uniform thickness (Wang Fig. 1 - 3).
As to claim 11, Wang in view of Apfel teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Wang further teaches a protective layer formed on the control layer with a light transmissive material (Wang Fig. 1 - 1; para. [0015]).
As to claim 14, Wang in view of Apfel teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Wang further teaches an electrode layer (Wang Fig. 1 - 5; para. [0038]) disposed over the resonance layer (Wang Fig. 1 - 3, 5) and disposed at a side of the control layer (Wang Fig. 1 - 2, 5), and configured to provide a power to apply an electric field to the resonance layer (Wang Fig. 1 - 5; para. [0038]).
Claim 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Apfel as applied to claim 1 above, and further in view of Maschwitz et al. (US 6,007,901 - Maschwitz).
As to claim 4, Wang in view of Apfel teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Apfel teaches the dielectric layers are metal oxides (Apfel col. 2:56-68; col. 3:1-8; col. 3:64-68; col. 4:1-10) and the at least one metal layer comprises silver (Ag) (Apfel col. 2:60-65).
Wang in view of Apfel doesn’t specify the metal oxide is ITO. In the same field of endeavor Maschwitz teaches IR filter layers with ITO dielectrics (Maschwitz Fig. 1; Abstract; col. 3:58-65; col. 4:40-45). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide the metal oxide as ITO since, as taught by Maschwitz, such material is well known in the art as a dielectric material layer for IR filters (Maschwitz Fig. 1; Abstract; col. 3:58-65; col. 4:40-45).
As to claim 5, Wang in view of Apfel and Maschwitz teaches all the limitations of the instant invention as detailed above with respect to claim 4, the dielectric layer comprises a light transmissive material for the visible and the NIR light (Apfel col. 4:1-10).
Claims 13, 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Apfel as applied to claim 1 above, and further in view of McLaughlin et al. (US 4,749,261 - McLaughlin; of record).
As to claim 13, Wang in view of Apfel teaches all the limitations of the instant invention as detailed above with respect to claim 11, but doesn’t specify an insulating layer disposed between the protective layer and the control layer, and configured to electrically insulate the protective layer from the control layer.
In the same field of endeavor McLaughlin teaches IR control windows (McLaughlin Figs. 2, 3; Fig. 7) with a control layer (McLaughlin Fig. 3 - 78, 126, 73; col. 12:6-18) and a protective layer (McLaughlin Fig. 3 - 70, 74; col. 11:34-36; col. 11:45-50) and an insulating layer (McLaughlin Fig. 3 - 76, 72; col. 11:35-40; col. 11:45-50) disposed between the protective layer and the control layer (McLaughlin Fig. 3 - 74, 76, 78, 126, 73, 72, 70), and configured to electrically insulate the protective layer from the control layer (McLaughlin col. 11:35-40, col. 11:45-50 - plastic insulation layer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide the insulating layer since, as taught by McLaughlin, such plastic layers are well known in the art for the purpose of providing safety features to prevent the protective layer (glass) from not freely flying when shattered (McLaughlin col. 11:45-55).
As to claim 15, Wang in view of Apfel teaches all the limitations of the instant invention as detailed above with respect to claim 1, but doesn’t specify an adhesive layer disposed on the control layer. In the same field of endeavor McLaughlin teaches IR control windows with control layers (McLaughlin Fig. 7 - 168, 160) and adhesive layer on the control layer (McLaughlin Fig. 7 - 158; col. 13:10-15). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide an adhesive layer since, as taught by McLaughlin, adhesive layers are well known in the art for the purpose of attaching layers (McLaughlin Fig. 7 - 158; col. 13:10-15).
As to claim 16, Wang in view of Apfel teaches all the limitations of the instant invention as detailed above with respect to claim 1, but doesn’t specify an adhesive layer disposed under a substrate on which the filter layer is formed. In the same field of endeavor, McLaughlin teaches IR control windows with filter layer (McLaughlin Fig. 7 - 168, 160) with an adhesive layer (McLaughlin Fig. 7 -158; col. 13:10-15) formed under a substrate (McLaughlin Fig. 7 - 166, 154, 156, 152) on which a filter layer is formed (McLaughlin Fig. 7 - 152, 154, 166; col. 12:65-68; col. 13:1-20). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide an adhesive layer since, as taught by McLaughlin, adhesive layers are well known in the art for the purpose of attaching layers (McLaughlin Fig. 7 - 158; col. 13:10-15).
Conclusion
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/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 September 14, 2026
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