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
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 1/15/2025 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
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.
Claim(s) 1-3, 5-6, 11-13, 15-16, 19-20, 22-23, 26-31, 35, 38, 40-41, 43, and 45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shrivastava (20170130523).
Regarding claim 1, Shrivastava discloses (see at least Fig 3A-4C, Fig 4D-4E, Fig 4H, Fig 5C-5D, Fig 5F, Fig 5H-5J) a method of tinting an electrochromic ("EC") window lite (Fig 5A, [0099], EC lite 500) comprising a monolithic EC device ([0097], monolithic EC device) disposed on a transparent substrate (Fig 5D, [0097], resistive zones are configured in the monolithic EC device. These resistive zones may allow for more uniform tinting fronts, e.g., when used in combination with bus bar powering mechanisms), the monolithic EC device ([0097], monolithic EC device) having a first transparent conductive oxide ("TCO") layer (TCO 1), a second TCO layer (TCO 2), and an EC stack (EC STACK) between the first and second TCO layers (Fig 5D), and the EC window lite (500) further comprising a first bus bar (525 (a)) disposed on the first TCO layer (Fig 5D), a second bus bar (525 (b)) disposed on the first TCO layer (Fig 5D) and at an opposite end of the monolithic EC device from the second bus bar (Fig 5D, [0104], 515 runs parallel to and between (approximately in the middle of EC lite 510) bus bars 520 and 525(a) and bus bar 525(b)), and a third bus bar (520) disposed on the second TCO layer (Fig 5D, [0105], bus bar 520 is disposed on TCO 2), the method comprising: determining one or more tint attributes for tinting the monolithic EC device ([0104], having two tinting zones of variable tinting level by virtue of a resistive zone, 515), wherein the one or more tint attributes are selected from the group consisting of: a first tint front at a first average nominal position within a viewable area of the monolithic EC device, a first maximum tint level, and a first tint gradient ([0105], resistive zone 515 allows voltage to flow across the top TCO in a smooth gradient); and setting or selecting one or more parameters to achieve the one or more tint attributes, wherein the one or more parameters include a first voltage of the first bus bar, a second voltage to the second bus bar ([0105], voltage applied to TCO 2 is insufficient to overcome a voltage drop across TCO 2) then a gradual transition from darker to lighter results), a third voltage of the third bus bar, a voltage drop between the first and second bus bars, a first voltage differential between the first bus bar and the third bus bar, a second voltage differential between the second bus bar and the third bus bar, or a combination thereof.
Regarding claim 2, Shrivastava discloses wherein: the one or more attributes includes the first tint front at the first average nominal position, and the one or more parameters to achieve the one or more tint attributes includes setting or selecting the first voltage and the second voltage to create the voltage drop between the first bus bar and the second bus bar (Fig 5E, [0105], slight voltage drops between the left hand side where bus bar 520 is disposed on TCO 2 and the resistive zone due to sheet resistance and current passing through TCO 2).
Regarding claim 3, Shrivastava discloses wherein the first average nominal position of the first tint front is based, at least in part, on a relationship between a voltage differential between the second bus bar and the third bus bar, and the voltage drop between the first bus bar and the second bus bar ([0080], [0104], single set of three bus bars 525(a), 525(b), and 5220 is used with two tinting zones; the bus bars can be powered from one end of the bus bars or both ends of each bus bar; powering bus bars from both ends provides additional control over the gradients/shading of the EC window; and a voltage is applied to the top ends of the two bus bars that power each of the TCO’s of the EC device coating).
Regarding claim 5, Shrivastava discloses wherein the first average nominal position of the first tint front is: inversely proportional to the voltage drop between the first bus bar and the second bus bar, and proportional to the third voltage ([0050], method of controlling a monolithic EC device coating, including tinting two adjacent zones simultaneously by virtue of selective application of voltage to different areas of the monolithic EC device).
Regarding claim 6, Shrivastava discloses further comprising: determining a second tint front at a second average nominal position within the viewable area of the monolithic EC device; and setting or selecting one or more second parameters to achieve the second tint front, wherein the one or more second parameters include setting or selecting one or more of a fourth voltage for the first bus bar, a fifth voltage for the second bus bar, a sixth voltage for the third bus bar, a second voltage drop between the first bus bar and the second bus bar, or a combination thereof (Fig 5F, [0050], [0080], [0128], method of controlling a monolithic EC device coating, including tinting two adjacent zones simultaneously by virtue of selective application of voltage to different areas of the monolithic EC device; the bus bars can be powered from one end of the bus bars or both ends of each bus bar; powering bus bars from both ends provides additional control over the gradients/shading of the EC window; and a voltage is applied to the top ends of the two bus bars that power each of the TCO’s of the EC device coating).
Regarding claim 11, Shrivastava discloses wherein: the first and third bus bars are positioned proximate to each other at a first end of the EC window lite and the second bus bar is positioned at a second end of the EC window lite opposite the first end, and the first average nominal position of the first tint front location is measured from the second bus bar and extending towards the first and second bus bars (Fig 5D, [0104], resistive zone 515 runs parallel to and between bus bars 520 and 525(a) and bus bar 525(b)).
Regarding claim 12, Shrivastava discloses wherein: the one or more attributes includes the first maximum tint level, and the one or more parameters to achieve the one or more tint attributes includes setting or selecting the first voltage, the second voltage, the third voltage, the first voltage differential, the second voltage differential, or a combination thereof (Fig 5F, [0050], [0080], [0128], method of controlling a monolithic EC device coating, including tinting two adjacent zones simultaneously by virtue of selective application of voltage to different areas of the monolithic EC device; the bus bars can be powered from one end of the bus bars or both ends of each bus bar; powering bus bars from both ends provides additional control over the gradients/shading of the EC window; and a voltage is applied to the top ends of the two bus bars that power each of the TCO’s of the EC device coating).
Regarding claim 13, Shrivastava discloses wherein the first maximum tint level is based, at least in part, on a relationship between the first voltage differential and/or the second voltage differential (Fig 5F, [0050], [0080], [0128]).
Regarding claim 15, Shrivastava discloses wherein the first maximum tint level is proportional to the first voltage differential and proportional to the second voltage differential (Fig 5F, [0050], [0080], [0128]).
Regarding claim 16, Shrivastava discloses further comprising: determining a second maximum tint level; and setting or selecting one or more second parameters to achieve the second maximum tint level, wherein the one or more second parameters include setting or selecting one or more of a fourth voltage for the first bus bar, a fifth voltage for the second bus bar, a sixth voltage for the third bus bar, a third voltage differential between the first bus bar and the third bus bar, a fourth voltage differential between the second bus bar and the third bus bar, or a combination thereof (Fig 5F, [0050], [0080], [0128], method of controlling a monolithic EC device coating, including tinting two adjacent zones simultaneously by virtue of selective application of voltage to different areas of the monolithic EC device; the bus bars can be powered from one end of the bus bars or both ends of each bus bar; powering bus bars from both ends provides additional control over the gradients/shading of the EC window; and a voltage is applied to the top ends of the two bus bars that power each of the TCO’s of the EC device coating).
Regarding claim 19, Shrivastava discloses wherein: the one or more attributes includes the first tint gradient, and the one or more parameters to achieve the one or more tint attributes includes setting or selecting the first voltage and the second voltage to create the voltage drop (Fig 4D, Fig 4E, Fig 5J, [0112], varying width of the bus bars may enhance the tinting front and/or promote selective tinting in a particular tinting zone via voltage gradients; a voltage gradient is established along the bus bars; 560 powers both the upper and lower TCOs in tint zone 2, while 565 powers tint zone 2; and a pair of electrically resistive bus bars is coupled to first and second TCOs, where each electrically resistive bus bar is configured to generate a voltage drop along the bus bar’s length when voltage is applied).
Regarding claim 20, Shrivastava discloses wherein the first tint gradient is based, at least in part, on a relationship between the first voltage and the second voltage (Fig 4D, Fig 4E, Fig 5J, [0112], where each electrically resistive bus bar is configured to generate a voltage drop along the bus bar’s length when voltage is applied).
Regarding claim 22, Shrivastava discloses wherein the first tint gradient is proportional to the voltage drop (Fig 4D, Fig 4E, Fig 5J, [0112], varying width of the bus bars may enhance the tinting front and/or promote selective tinting in a particular tinting zone via voltage gradients; a voltage gradient is established along the bus bars).
Regarding claim 23, Shrivastava discloses further comprising: determining a second tint gradient; and setting or selecting one or more second parameters to achieve the second tint gradient, wherein the one or more second parameters include setting or selecting one or more of a fourth voltage for the first bus bar, a fifth voltage for the second bus bar, a second voltage drop between the first bus bar and the second bus bar, or a combination thereof (Fig 4H, Fig 5F, [0050], [0080], [0128], façade can be made to tint in a gradient from dark to light, from top to bottom, tint uniformly across all IGUs or e.g. tint in a gradient from dark to light; method of controlling a monolithic EC device coating, including tinting two adjacent zones simultaneously by virtue of selective application of voltage to different areas of the monolithic EC device).
Regarding claim 26, Shrivastava discloses wherein the first, second, and third bus bars span the length of the EC window lite (Fig 5D, [0104], single set of three bus bars 525(a), 525(b), and 520 is used with two tinting zones).
Regarding claim 27, Shrivastava discloses wherein EC window lite includes only three bus bars (Fig 5D, [0104], single set of three bus bars 525(a), 525(b), and 520 is used with two tinting zones).
Regarding claim 28, Shrivastava discloses wherein the third bus bar is orthogonal to the first and second bus bars (Fig 5D, [0104], single set of three bus bars 525(a), 525(b), and 520 is used with two tinting zones).
Regarding claim 29, Shrivastava discloses wherein: the EC window lite further includes a fourth bus bar disposed on the second TCO layer and at an opposite end of the EC window lite from the third bus bar, and the one or more parameters further include a fourth voltage of the fourth bus bar, a second voltage drop between the third and fourth bus bars, a third voltage differential between the first bus bar and the fourth bus bar, a fourth voltage differential between the second bus bar and the fourth bus bar, or a combination thereof (Fig 4D, Fig 4E, Fig 5H, Fig 5J, [0106], [0112], 530 has two sets of bus bars (535, 540); 535 powers the lower TCO 1, while 540 powers the top TCO 2; voltage gradient established along the bus bars; 560 powers both the upper and lower TCOs in tint zone 1, while 565 powers tint zone 3; a pair of electrically resistive bus bars is coupled to the first and second TCOs, wherein each electrically resistive bus bar is configured to generate a voltage drop along the bus bar’s length when voltage is applied).
Regarding claim 30, Shrivastava discloses wherein: the one or more attributes includes the first tint front at the first average nominal position, and the one or more parameters to achieve the one or more tint attributes includes setting or selecting the first voltage and the second voltage to create the voltage drop between the first bus bar and the second bus bar, setting or selecting the third voltage and the fourth voltage to create the second voltage drop between the third bus bar and the fourth bus bar ([0080], [0104], single set of three bus bars 525(a), 525(b), and 5220 is used with two tinting zones; the bus bars can be powered from one end of the bus bars or both ends of each bus bar; powering bus bars from both ends provides additional control over the gradients/shading of the EC window; and a voltage is applied to the top ends of the two bus bars that power each of the TCO’s of the EC device coating).
Regarding claim 31, Shrivastava discloses wherein the first average nominal position of the first tint front is based, at least in part, on a relationship between a voltage differential between the second bus bar and the fourth bus bar, the voltage drop between the first bus bar and the second bus bar, and the voltage drop between the third bus bar and the fourth bus bar ([0080], [0104], single set of three bus bars 525(a), 525(b), and 5220 is used with two tinting zones; the bus bars can be powered from one end of the bus bars or both ends of each bus bar; powering bus bars from both ends provides additional control over the gradients/shading of the EC window; and a voltage is applied to the top ends of the two bus bars that power each of the TCO’s of the EC device coating).
Regarding claim 35, Shrivastava discloses wherein: the one or more attributes includes the first maximum tint level, and the one or more parameters to achieve the one or more tint attributes includes setting or selecting the first voltage, the second voltage, the third voltage, the fourth voltage, the first voltage differential, the fourth voltage differential, or a combination thereof (Fig 5F, [0050], [0080], [0128], method of controlling a monolithic EC device coating, including tinting two adjacent zones simultaneously by virtue of selective application of voltage to different areas of the monolithic EC device; the bus bars can be powered from one end of the bus bars or both ends of each bus bar; powering bus bars from both ends provides additional control over the gradients/shading of the EC window; and a voltage is applied to the top ends of the two bus bars that power each of the TCO’s of the EC device coating).
Regarding claim 38, Shrivastava discloses further comprising: determining a second maximum tint level; and setting or selecting one or more second parameters to achieve the second maximum tint level, wherein the one or more second parameters include setting or selecting one or more of a fifth voltage for the first bus bar, a sixth voltage for the second bus bar, a seventh voltage for the third bus bar, eighth voltage for the fourth bus bar, a fifth voltage differential between the first bus bar and the third bus bar, a sixth voltage differential between the second bus bar and the fourth bus bar, or a combination thereof (Fig 5F, [0050], [0080], [0128], method of controlling a monolithic EC device coating, including tinting two adjacent zones simultaneously by virtue of selective application of voltage to different areas of the monolithic EC device; the bus bars can be powered from one end of the bus bars or both ends of each bus bar; powering bus bars from both ends provides additional control over the gradients/shading of the EC window; and a voltage is applied to the top ends of the two bus bars that power each of the TCO’s of the EC device coating).
Regarding claim 40, Shrivastava discloses wherein: the one or more attributes includes the first tint gradient, and the one or more parameters to achieve the one or more tint attributes includes setting or selecting the first voltage and the second voltage to create the voltage drop and/or setting or selecting the third voltage and the fourth voltage to create the second voltage drop (Fig 4D, Fig 4E, Fig 5H, Fig 5J, [0106], [0112], 530 has two sets of bus bars (535, 540); 535 powers the lower TCO 1, while 540 powers the top TCO 2; voltage gradient established along the bus bars; 560 powers both the upper and lower TCOs in tint zone 1, while 565 powers tint zone 3; a pair of electrically resistive bus bars is coupled to the first and second TCOs, wherein each electrically resistive bus bar is configured to generate a voltage drop along the bus bar’s length when voltage is applied).
Regarding claim 41, Shrivastava discloses wherein the first tint gradient is based, at least in part, on a relationship between the first voltage drop and the second voltage drop (Fig 4D, Fig 4E, Fig 5J, [0112], where each electrically resistive bus bar is configured to generate a voltage drop along the bus bar’s length when voltage is applied).
Regarding claim 43, Shrivastava discloses further comprising: determining a second tint gradient; and setting or selecting one or more second parameters to achieve the second tint gradient, wherein the one or more second parameters include setting or selecting one or more of a fifth voltage for the first bus bar, a sixth voltage for the second bus bar, a seventh voltage for the third bus bar, an eighth voltage for the fourth bus bar, a third voltage drop between the first bus bar and the second bus bar, a fourth voltage drop between the third bus bar and the fourth bus bar, or a combination thereof (Fig 4H, Fig 5F, [0050], [0080], [0128], façade can be made to tint in a gradient from dark to light, from top to bottom, tint uniformly across all IGUs or e.g. tint in a gradient from dark to light; method of controlling a monolithic EC device coating, including tinting two adjacent zones simultaneously by virtue of selective application of voltage to different areas of the monolithic EC device).
Regarding claim 45, Shrivastava discloses wherein the third and fourth bus bar are orthogonal to the first and second bus bars (Fig 5D, [0104], single set of three bus bars 525(a), 525(b), and 520 is used with two tinting zones).
Allowable Subject Matter
Claims 46-53 are allowed.
Claims 4 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 following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Specifically, with respect to dependent claim 4, the prior art of Shrivastava taken either singly or in combination with any other prior art fails to suggest such a method comprising: “wherein the relationship is expressed as:
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Specifically, with respect to independent claim 46, the prior art of Shrivastava taken either singly or in combination with any other prior art fails to suggest such a method comprising: “an electrochromic window lite comprising: a transparent substrate; a monolithic electrochromic device disposed on the transparent substrate and having a first transparent conductive oxide ("TCO") layer, a second TCO layer opposite the first TCO layer, and an electrochromic stack between the first and second TCO layers; and a pair of bus bars disposed on the first TCO layer, wherein: one bus bar has a substantially uniform cross-sectional area along its length, and variable resistance exists between the one bus bar and the first TCO layer”. Claims 47-53 are allowable due to pendency on independent claim 46.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brown (9454055), Nguyen (8780432), and Komin (8361835) are examples of a transparent conductive oxide layer over a substrate within a window construction.
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Sharrief I. Broome
Primary Examiner
Art Unit 2872
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872
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