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 6, 8, 9, and 12-14 and specification in the submission dated 09/11/2024 are acknowledged and accepted. Claims 1-15 are pending.
Claim Objections
Claims 9, 12, 14, and 15 are objected to because of the following informalities:
In claim 9, line 1, “an electrochromic device” should be “the electrochromic device”.
In claim 12, line 1, “an electrochromic device” should be “the electrochromic device”.
In claim 14, line 1, “an electrochromic device” should be “the electrochromic device”.
In claim 14, line 1, “a method” should be “the method”.
Claim 15 is dependent on claim 14 and hence inherits its deficiencies.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 9 and 10, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
For the purposes of compact prosecution, the limitations following the phrase “optionally” have been interpreted to mean the “spacer and/or one or more electric contacts” are optional and thus not necessary in the prior art to teach the claim limitations.
Claims 11-14 are dependent on claim 10 and hence inherit its deficiencies.
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 1-5 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maharaj, F. J. D., et al., “The instructive redox behaviour of 4-ferrocenylcatechol on nanocrystalline titanium dioxide electrodes,” Applied Organometallic Chemistry, 21 (2007): 73-75 (of record; hereinafter referred to as Maharaj).
As to claim 1, Maharaj teaches use of a matrix (the 4-Ferrocenylcatechol was readily adsorbed to transparent nanocrystalline TiO2 electrodes, and the modified electrode was placed in a quartz cuvette together with reference and counter electrodes in an electrolyte, page 74, left column, second paragraph) in an electrochromic (“electrochromic switching of the ferrocenyl electrochromophore,” abstract, page 75, left column, first paragraph) device (the modified TiO2 electrodes, reference and counter electrodes, and electrolyte form the device wherein the electrochromic reaction takes place, page 74, left column, second paragraph), wherein the matrix comprises an organic catechol-based molecule (“4-Ferrocenylcatechol,” abstract, page 73, right column, second paragraph, Fig. 1) which irreversibly changes its properties (the electrochromic switching is irreversible, abstract, page 74, right column, first paragraph) upon application of a stimulus (“an applied potential,” abstract, page 74, left column, second paragraph, Fig. 2).
As to claim 2, Maharaj teaches the use according to claim 1, wherein said stimulus is an electrically-induced chemical stimulus (“an applied potential of +0.45V,” abstract, page 74, left column, second paragraph, Fig. 2).
As to claim 3, Maharaj teaches the use according to claim 1, wherein the irreversible changed property is visually recognized without any technical equipment (the changes in the spectrum occur in the visible spectral region, page 74, left column, second paragraph, Fig. 2).
As to claim 4, Maharaj teaches the use according to claim 3, wherein the irreversible changed property is a change of color and/or transparency (the absorbance intensity changes, page 74, right column, first paragraph, Fig. 2).
As to claim 5, Maharaj teaches the use according to claim 3, wherein the irreversible changed property is sustained without further electrical input for at least one month or even longer (the starting spectrum could not be recovered indicating the system is irreversible, page 74, right column, first paragraph, Fig. 2).
As to claim 9, Maharaj teaches the use according to claim 1 in an electrochromic device comprising a repository (a quartz cuvette, page 74, left column, second paragraph), at least two electrodes, optionally a spacer and/or one or more electric contact are comprised (the modified TiO2 electrodes, reference and counter electrodes, page 74, left column, second paragraph).
Claims 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noh et al., US 2009/0097096 A1 (hereinafter referred to as Noh).
As to claim 10, Noh teaches a method (a process for preparation of the electrochromic device, paras [0066]-[0069]) for manufacturing an electrochromic device (200, “an electrochromic device,” para [0044], Fig. 2), comprising:
a) providing a repository between two electrodes (210, 230, the space between the transparent electrode 210 and an opposite electrode 230 is considered the repository, para [0044], Fig. 2),
b) charging the repository with a matrix (220, 240, an electrochromic layer 220 and an electrolyte 240 between the transparent electrode 210 and the opposite electrode 230, para [0044], Fig. 2) comprising an organic catechol-based molecule (220, the electrochromic layer 220 comprises a linker, the linker used includes the functional group catechol, paras [0047]-[0049] and [0053], Fig. 2);
c) optionally providing at least one electric contact (the application of a voltage of 4.5V requires electrical contacts as shown in Fig. 5, para [0177], Fig. 5); and
d) sealing the device (the electrodes being opposite to each other are adhesively sealed to thereby complete an electrochromic device, para [0080], Fig. 2).
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.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Maharaj, F. J. D., et al., “The instructive redox behaviour of 4-ferrocenylcatechol on nanocrystalline titanium dioxide electrodes,” Applied Organometallic Chemistry, 21 (2007): 73-75 (of record; hereinafter referred to as Maharaj), and further in view of Lu et al., WO 2017/164821 A1 (hereinafter referred to as Lu).
As to claim 6, Maharaj does not teach the use according to claim 1, wherein said catechol-based molecule is dopamine or a dopamine derivative.
Maharaj and Lu are related as electrochromic materials and devices.
However, Lu teaches a matrix (an amorphous matrix, a sol-gel matrix includes a complex of a dopant with a transition metal, in a precursor sol, abstract, para [0066], Figs. 1-2) in an electrochromic device (electrochemical devices, active layer EC device, paras [00112] and [00126], Fig. 13), wherein the matrix comprises an organic catechol-based molecule (the sol-gel complex contains catechol functional group, para [0067]), wherein said catechol-based molecule is dopamine or a dopamine derivative (the sol-gel complex contains dopamine, paras [0066]-[0067], Fig. 3).
Therefore, 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 device of Maharaj wherein the catechol based molecule is dopamine or a dopamine derivative of Lu, for the purpose of the molecules act as a structure-directing agent and a precursor stabilizer (para [0067]).
As to claim 7, Maharaj does not teach the use according to claim 6, wherein the organic catechol-based molecule is dopamine.
Maharaj and Lu are related as electrochromic materials and devices.
However, Lu teaches a matrix (an amorphous matrix, a sol-gel matrix includes a complex of a dopant with a transition metal, in a precursor sol, abstract, para [0066], Figs. 1-2) in an electrochromic device (electrochemical devices, active layer EC device, paras [00112] and [00126], Fig. 13), wherein the organic catechol-based molecule is dopamine (the sol-gel complex contains dopamine, paras [0066]-[0067], Fig. 3).
Therefore, 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 device of Maharaj wherein the catechol based molecule is dopamine of Lu, for the purpose of the molecules act as a structure-directing agent and a precursor stabilizer (para [0067]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Maharaj, F. J. D., et al., “The instructive redox behaviour of 4-ferrocenylcatechol on nanocrystalline titanium dioxide electrodes,” Applied Organometallic Chemistry, 21 (2007): 73-75 (of record; hereinafter referred to as Maharaj), and further in view of Noh et al., US 2009/0097096 A1 (hereinafter referred to as Noh).
As to claim 8, Maharaj does not teach the use according to claim 1, wherein said matrix further comprises an antioxidant.
Maharaj and Noh are related as electrochromic devices.
However, Noh teaches an electrochromic device (100, “an electrochromic device,” para [0027], Fig. 1), wherein said matrix further comprises an antioxidant (140, the electrolyte 140 material includes sodium salts which are an antioxidant, para [0061], Fig. 1).
Therefore, 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 device of Maharaj with the matrix comprising an antioxidant of Noh, because doing so provides excellent properties and performance, and a simplified manufacturing process (para [0011]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Noh et al., US 2009/0097096 A1 (hereinafter referred to as Noh).
As to claim 11, Noh’s Embodiment of Fig. 2 does not teach the method according to claim 10, wherein at least one component of any one of steps a) to d) is produced by 2D printing, 3D printing, or by additive manufacturing technologies employing a solid or semi-solid gel like matrix formulation.
Noh’s first and second embodiments are related as electrochromic devices.
However, Noh’s Embodiment of Fig. 1 teaches an electrochromic device (100, “an electrochromic device,” para [0027], Fig. 1), wherein at least one component of any one of steps a) to d) is produced by 2D printing, 3D printing, or by additive manufacturing technologies employing a solid or semi-solid gel like matrix formulation (120, the electrochromic layer 120 may be formed by coating an electrochromic material on the transparent electrode via screen printing or printing, para [0040], Fig. 1).
Therefore, 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 Embodiment of Fig. 2 of Noh with the at least one component of any one of steps a) to d) is produced by 2D printing, 3D printing, or by additive manufacturing technologies employing a solid or semi-solid gel like matrix formulation of the Embodiment of Fig. 1 of Noh, because doing so provides excellent properties and performance, and a simplified manufacturing process (para [0011]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Noh et al., US 2009/0097096 A1 (hereinafter referred to as Noh), and further in view of Lu et al., WO 2017/164821 A1 (hereinafter referred to as Lu).
As to claim 12, Noh does not teach the method for manufacturing an electrochromic device according to claim 10, wherein the organic catechol-based molecule is dopamine or a dopamine derivative.
Noh and Lu are related as electrochromic materials and devices.
However, Lu teaches an electrochromic device (electrochemical devices, active layer EC device, paras [00112] and [00126], Fig. 13), wherein the organic catechol-based molecule (the sol-gel complex contains catechol functional group, para [0067]) is dopamine or a dopamine derivative (the sol-gel complex contains dopamine, paras [0066]-[0067], Fig. 3).
Therefore, 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 device of Noh wherein the catechol based molecule is dopamine or a dopamine derivative of Lu, for the purpose of the molecules act as a structure-directing agent and a precursor stabilizer (para [0067]).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Noh et al., US 2009/0097096 A1 (hereinafter referred to as Noh), and further in view of Atkinson et al., US 2015/0310771 A1 (of record; hereinafter referred to as Atkinson).
As to claim 13, Noh does not teach the method according to claim 10, further comprising an energy storage device, and/or an interactive or sensing platform.
Noh and Atkinson are related as electrochromic devices.
However, Atkinson teaches an electrochromic device (50, 53, the intelligent label 50 includes electrochromic indicator 53, para [0053], Fig. 3), further comprising an energy storage device, and/or an interactive or sensing platform (55, the intelligent label 50 includes a sensor 55, para [0051], Fig. 3).
Therefore, 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 device of Noh to further comprise the sensing platform of Atkinson, because doing so provides immediate visual information regarding quality of a product (paras [0028] and [0032]).
As to claim 14, Noh does not teach the use of an electrochromic device obtainable by a method according to claim 10 as a tag or a label.
Noh and Atkinson are related as electrochromic devices.
However, Atkinson teaches the use of an electrochromic device (500, 501, 502, irreversible electrochromic indicator or device, paras [0028] and [0114], Fig. 14) as a tag or a label (10, 13, intelligent label 10 has an electrochromic display area 13, para [0032], Fig. 1).
Therefore, 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 device of Noh for use as a tag or a label of Atkinson, because doing so provides immediate visual information regarding quality of a product (paras [0028] and [0032]).
As to claim 15, Noh does not teach the use according to claim 14, wherein said electrochromic device is used as a "smart" tag or a label to monitor the conditions of a good during transport, stocking, and handling.
Noh and Atkinson are related as electrochromic devices.
However, Atkinson teaches the electrochromic device is used as a "smart" tag or a label (10, 13, intelligent label 10 has an electrochromic display area 13, para [0032], Fig. 1) to monitor the conditions of a good during transport, stocking, and handling (10, 13, the electrochromic indicator of the intelligent label may indicate an expiration of time in the shipping process, may indicate that the good was subjected to extreme environmental conditions, or may indicate that the product was good and reliable for use, para [0028], Fig. 1).
Therefore, 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 device of Noh for use as a "smart" tag or a label to monitor the conditions of a good during transport, stocking, and handling of Atkinson, because doing so provides immediate visual information regarding quality of a product (paras [0028] and [0032]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Han et al., US 2022/0220368 A1, Method for Preparing Photoresponsive Self-Powered Electrochromic Precursor, Method for Fabricating Photoresponsive Self-Powered Electrochromic Device and Photoresponsive Self-Powered Electrochromic Device Fabricated by the Fabrication Method, relevant to claims 1-15.
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.
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/J.A.J./JENNIFER A JONES
Examiner
Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
07/17/2026
Prosecution Insights