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 .
Election/Restrictions
Applicant’s election of Species B & 1 in the reply filed on June 29, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 4-8, 15-18 and 20-21 have been withdrawn, claim 9 has been cancelled and claims 1-3, 10-14 and 19 are examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 28, 2024 complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. The two information disclosure statements filed December 11, 2024 fails to comply with 37 CFR 1.56 (b) which states that information is material to patentability which is NOT CUMULATIVE to information device for regulating light transmission therethrough being made of record in the application. Applicant has cited 77 references with over 3000 pages for consideration. The examiner believes that the significant number of references for consideration is largely cumulative and, therefore, based upon the large volume of references cited, these references have been considered in a cumulative manner.
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.
Claims 1-2, 12-14 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Branson US Patent Application Publication 2014/0204452.
Regarding claim 1 Branson discloses a device for regulating light transmission through the device (title e.g. figures 1 & 32A-32B switchable window apparatus 100/700), the device comprising: a multi-layered stack (e.g. see figures 1 & 30A-30B) comprising: a first layer (e.g. first transparent substrate 102/704) and a second layer (e.g. second transparent substrate 104/706), wherein the first layer and the second layer allow the light to pass through the first layer and the second layer (e.g. see figure 32B); and a first fluid channel (e.g. cavity 108/702) defined between the first layer and the second layer (e.g. see figures 32A-32B), wherein the first fluid channel allows the light to pass through the first fluid channel (e.g. see figures 32A-32B); and a first fluid operably (e.g. one of index-matching fluid 116/709 or non-matching fluid 117/708) received into the first fluid channel and operably withdrawn from the first fluid channel (inter alia paragraph [0065] “116 may be conveyed into and out of window … 116 into or out of the interior cavity 108 … a flow of air or other gas into or out of the cavity 108”).
Regarding claim 2 Branson discloses the device of claim 1, as set forth above. Branson further discloses wherein: the first layer and the second layer are rigid (paragraph [0061] “first transparent member 102, such as a pane of glass or the like, coupled to a second, preferably substantially rigid, transparent member 104, such as a pane of glass or the like”); and the first fluid channel is flexible (a major surface defining 108 is layer 112 paragraph [0063] discloses “112 may be a silicone rubber material that is both transparent and flexible”), wherein the first fluid channel expands upon receiving the first fluid inside the first fluid channel and contracts upon withdrawal of the first fluid from the first fluid channel (implicit since paragraph [0064] notes 117 can be vacuum and paragraph [0066] discloses “116 may be forced under pressure into the interior cavity 108” via a pump 126 and an increased pressure would compress 112, i.e. expand channel, and that the pump also “may be operated in a second mode, drawing index-matching fluid 116 out of the window unit 106 until the interior cavity 108 is substantially empty of the index-matching fluid 116” and the reduced pressure would allow 112 to expand, i.e. shrink the cavity).
Regarding claim 12 Branson further discloses a facade for a building (inter alia paragraph [0005 & 0007] discloses windows are for letting sunlight into buildings and paragraph [0111] specifically notes the invention being used a facade), the facade comprising a plurality of the device of claim 1 (as set forth above) arranged adjacent to each other (e.g. see figure 45 & paragraph [0145] “switchable window units 1010A. 1010B, 1010C, 1010D may be similar to any of the preceding switchable window configurations described hereinbefore”).
Regarding claim 13 Branson discloses the facade of claim 12, as set forth above. Branson further discloses wherein the facade is configured to receive the first fluid in the first fluid channel in selected some among the plurality of the devices (inter alia paragraph [0146] “each corresponding switchable window unit 1010A, 1010B, 1010C, 1010D, and may operate independently”).
Regarding claim 14 Branson discloses the facade of claim 12, as set forth above. Branson further discloses wherein the devices are configured into a first group of the devices (e.g. 1010A) and a second group of the devices (e.g. 1010B), wherein the introduction and withdrawal of the first fluid into and from the first fluid channel of the first group of the devices is independent of the introduction and withdrawal of the first fluid into and from the first fluid channel of the second group of the devices (inter alia paragraph [0146] “may operate independently”).
Regarding claim 19 Branson discloses a device for regulating light transmission through the device (title e.g. see figures 27A-27B & 49), the device comprising: a first transparent layer (e.g. first lens 1224) and a second transparent layer (e.g. second lens 1226), with a plurality of channels defining spaces (e.g. gap 1227) therebetween allowing a fluid to flow through the spaces (inter alia paragraph [0150] & step 1126 indicates a fluid between lenses); a first inlet port connected to at least one of the plurality of channels to allow a fluid to flow into the at least one channel (implicit given step 1126 noting filling the cavity with fluids); and a first outlet port connected to at least one of the plurality of channels to allow a fluid to flow out through the outlet port (implicit given step 1124 noting evacuating the cavity of fluids); wherein the transparent layers are flexible (e.g. “flexible lens”) and configured to have a first state allowing the plurality of channels to fully close (e.g. see figure 27A and steps 1122 & 1126) and a second optically-active expanded state upon introduction of the fluid (e.g. see figure 27B and step 1124).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Branson US Patent Application Publication 2014/0204452 in view of Herbert US Patent 4,148,563.
Regarding claim 3 Branson discloses the device of claim 2, as set forth above. Branson does not disclose it is further comprising a pair of flexible sheets, wherein the pair of flexible sheets are sealed together at predefined locations to define the first fluid channel, wherein the pair of flexible sheets are sandwiched between the first layer and the second layer.
Herbert teaches a similar device (inter alia abstract) and further teaches (e.g. see figure 6 & column 3 lines 41-52) a pair of flexible sheets (e.g. top and bottom transparent layers 61 & 62), wherein the pair of flexible sheets are sealed together at predefined locations to define the first fluid channel (e.g. column 3 lines 42-44 “61 and 62 are sealed at the edges 63 as is an air mattress … ‘mattress,’ is inflated with vapor 64”), wherein the pair of flexible sheets are sandwiched between the first layer and the second layer (e.g. column 3 line 45 “hung in windows”) for the purpose of having an inexpensive means to scatter light when inflated and passing light when deflated (e.g. column 3 line 45 & 50-52). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the device as disclosed by Branson to have a pair of flexible sheets, wherein the pair of flexible sheets are sealed together at predefined locations to define the first fluid channel, wherein the pair of flexible sheets are sandwiched between the first layer and the second layer as taught by Herbert for the purpose of having an inexpensive means to scatter light when inflated and passing light when deflated.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Branson US Patent Application Publication 2014/0204452.
Regarding claim 10 Branson discloses the device of claim 1, as set forth above. Branson further discloses it is further comprising a third fluid (e.g. 116) and a third fluid reservoir (e.g. reservoir 122), wherein: the third fluid reservoir is provided outside the multi-layered stack (e.g. see figure 1), the third fluid (e.g. 116) is operably received into the first fluid channel and operably withdrawn from the first fluid channel (inter alia paragraph [0066]); the third fluid is different from the first fluid (e.g. at least having different indices); wherein the displaced third fluid (e.g. 116) is collected in the third fluid reservoir (e.g. 122); reception of the third fluid into the first fluid channel displaces the first fluid from the first fluid channel reception of the first fluid into the first fluid channel displaces the third fluid from the first fluid channel (inter alia paragraph [0066]).
Branson’s embodiment in figure 1 does not disclose a first fluid reservoir, wherein the first fluid reservoir is provided outside the multi-layered stack, and wherein the displaced first fluid is collected in the first fluid reservoir.
Branson’s embodiment in figure 13 teaches a similar device (e.g. switchable window unit 302 paragraph [0081] “302 may be similar to window unit 106 shown in FIG. 1” & “a sealed cavity 310 between the two transparent substrates 304 and 306, with a first port 312 for accommodating a flow of index-matching fluid into and out of the cavity 310, and a second port 314 for evacuating gas located within the cavity 310”) including a third fluid reservoir (e.g. reservoir 328) for a third fluid (paragraph [0082] “index-matching fluid may be stored in the reservoir 328”); and further teaches a first fluid reservoir for a first fluid (e.g. paragraph [0082] “gas”), wherein the first fluid reservoir are provided outside the multi-layered stack (e.g. paragraph [0082] “second housing 338 may be vented to a reservoir”), wherein the displaced first fluid is collected in the first fluid reservoir (axiomatic) for the purpose of containing a quantity of the index-matching fluid needed to fill the cavity of window unit (paragraph [0082]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the device as disclosed by Branson embodiment in figure 1 to have a first fluid reservoir, wherein the first fluid reservoir is provided outside the multi-layered stack, and wherein the displaced first fluid is collected in the first fluid reservoir as taught by Branson’s embodiment in figure 13 the purpose of containing a quantity of the index-matching fluid needed to fill the cavity of window unit.
Regarding claim 11 the combination of Branson’s embodiments in figures 1 and 13 discloses the device of claim 10, as set forth above. Branson’s embodiment in figure 1 further discloses wherein the third fluid (e.g. 116) is selected to have a refractive index generally of the same value as refractive index of the first layer and the second layer (e.g. index-matching fluid 116), wherein the first layer (e.g. 102) and the second layer (e.g. 104) are of the same material (inter alia paragraph [0061] “102, such as a pane of glass or the like … 104, such as a pane of glass or the like”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wolkenhauer US Patent 2,373,214; in regards to a similar device, see figure 6, including two reservoirs of different fluids, e.g. a compressed air reservoir (43) and reservoir of fluid (28) in pump (30), where the fluids displace each other in the cavity (29) for regulating light transmission through the device.
Parrier et al. US Patent 4,236,360; in regards to a similar device, see figure 2, including two reservoirs with different fluids into a cavity (abstract “window panes delimit a leak-tight air chamber and a narrow leak-tight space which can be filled with immiscible liquids having different optical indices supplied from a bottom reservoir and a top reservoir housed within the window frame”).
Coleman US Patent Application Publication 2018/0059690; in regards to a similar device for regulating light transmission through the device (abstract “a device with dynamic optical properties comprises a fluid transfer component comprising a polymer film with one or more layers; an active region of the fluid transfer component comprising a plurality of fluid channels defined by one or more interior surfaces within the polymeric film … a second fluid with a second optical property different from the first optical property to flow through the fluid channels in the active region, the optical state of the active region changes from a first optical state to a second optical state different from the first optical state”) a including an embodiment with multiple reservoirs (e.g. figure 8 reservoirs 809 & 810).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to George G King whose telephone number is (303)297-4273. The examiner can normally be reached 9-5.
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, 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.
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.
/George G. King/Primary Examiner, Art Unit 2872 July 20, 2026
Prosecution Insights