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 Arguments
Applicant’s arguments with respect to claim(s) 1-2 and 4-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-2 and 4-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukushi US 2023/0295004 in view of Yukinobu CN 102933496 (translation provided).
Regarding claim 1, Fukushi teaches a tungsten oxide coating material for an electrochromic device (fig. 4 is an electrochromic device) that is a coating material for forming a tungsten oxide thin film having electrochromic characteristics, the coating material comprising: a solvent; tungsten oxide nanoparticles dispersed in the solvent; and a binder, wherein in the tungsten oxide nanoparticles [0014], a half-value width of a peak detected at 29°±1° in X-ray diffraction analysis (2θ) is 2° or less [0014], and a primary particle size is 5 to 25 nm [0040]. Fukushi also discloses an organic binder [0058] but does not explicitly teach wherein the binder is one or more types selected from sodium carboxymethylcellulose (CMC), hydroxypropyl cellulose (HPC), and hydroxyethyl cellulose (HEC), and a content of the binder is 0.1% by mass or more and 10% by mass or less with respect to a mass of the coating material. Yukinobu teaches an electrochromic device [0015] with oxide metal formed by a coating method comprising a solvent [0013], tungsten oxide particles [0064] and a hydroxypropyl cellulose binder (HPC) [0138] with a mass of 5% by weight [0140] offering high film strength and low cost manufacturing [0043]. Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify Fukushi in view of Yukinobu provide electrochromic device with a high film strength oxide at a low cost.
Regarding claim 2, Fukushi teaches the tungsten oxide coating material for an electrochromic device according to claim 1, wherein a content of the tungsten oxide nanoparticles is 5% by mass or more and 30% by mass or less with respect to a mass of the coating material [0028].
Regarding claim 4, Fukushi teaches the tungsten oxide coating material for an electrochromic device according to claim 1, comprising a pH adjusting agent [0038].
Regarding claim 5, Fukushi teaches the tungsten oxide coating material for an electrochromic device according to claim 4, wherein the pH adjusting agent is one or more types selected from the group consisting of potassium chloride (KCl), sodium chloride (NaCl), lithium chloride (LiCl), potassium hydroxide (KOH), sodium hydroxide (NaOH), and lithium hydroxide (LiOH) [0038].
Regarding claim 6, Fukushi teaches the tungsten oxide coating material for an electrochromic device according to claim 4, wherein pH is 5 to 7 [0038].
Regarding claim 7, Fukushi teaches the tungsten oxide coating material for an electrochromic device according to claim 1, wherein a tungsten oxide thin film is capable of being formed by a coating method [0058].
Regarding claim 8, Fukushi teaches a tungsten oxide thin film that is a thin film having electrochromic characteristics [0058]-[0059], the tungsten oxide thin film comprising: tungsten oxide nanoparticles; and a binder [0058], wherein in the tungsten oxide nanoparticles, a half-value width of a peak detected at 29°±1° in X-ray diffraction analysis (2θ) is 2° or less [0014], and a primary particle size is 5 to 25 nm [0040].
Regarding claim 9, Fukushi teaches the tungsten oxide thin film according to claim 8, comprising a pH adjusting agent [0038].
Claim(s) 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Fukushi US 2023/0295004 in view of Yukinobu CN 102933496 and further in view of Tajima JP 2018185424.
Regarding claim 10, Fukushi in view of Yukinobu teaches the tungsten oxide thin film according to claim 8, but does not teach wherein an electrochromic reaction occurs in an electrolyte including any one or more types selected from the group consisting of of (trifluoromethanesulfonyl)imide salts of bis(trifluoromethanesulfonyl)imide, lithium bis(trifluoromethanesulfonyl)imide, potassium bis(trifluoromethanesulfonyl)imide, and sodium bis(trifluoromethanesulfonyl)imide. However Fukushi does teach an electrochromic device but lacks details regarding the electrolyte. Tajima discloses an electrochromic device with electrochromic reaction occurs in an electrolyte including any one or more types of (trifluoromethanesulfonyl)imide salts of bis(trifluoromethanesulfonyl)imide, lithium bis(trifluoromethanesulfonyl)imide, potassium bis(trifluoromethanesulfonyl)imide (see examples 1-4 nad page 4 4th paragraph), and sodium bis(trifluoromethanesulfonyl)imide to form a color variable ECD element (see page 1 2nd last paragraph). Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify Fukishi in view of Tajima to form a color variable ECD element .
Regarding claim 11, Fukushi teaches a light control member, comprising: the tungsten oxide thin film according to claim 8 but does not explicitly teach a metal cyano complex thin film including metal cyano complex nanoparticles or an oxide thin film including oxide nanoparticles in which a change in coloring and decoloring due to an oxidation-reduction reaction is opposite to that of tungsten oxide; and an electrolyte layer located between the tungsten oxide thin film and the metal cyano complex thin film or the oxide thin film. Tajima teaches a metal cyano complex thin film including metal cyano complex nanoparticles or an oxide thin film (fig. 1 electrochromic layer 2) including oxide nanoparticles (page 4 1st paragraph) in which a change in coloring and decoloring due to an oxidation-reduction reaction (page 4 lasta full paragraph) is opposite to that of tungsten oxide (electrochromic layer 1); and an electrolyte layer (electrolyte layer 7) located between the tungsten oxide thin film and the metal cyano complex thin film or the oxide thin film enabling a ECD that exhibits a dark blue and colorless transparent state (page 4 last full paragraph).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify Fukishi in view of Tajima to form a color variable ECD element .
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/PHU VU/Primary Examiner, Art Unit 2871
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