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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The IDS filed to date have been considered.
Claim Rejections - 35 USC § 103
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 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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over AH C (KR 1020210079908) herein after referred to as D1, and further in view of Xu (US 20090052006) herein after referred to as D2.
With regard to claim 1, D1 teaches an electrochromic element, in at least (fig.2a, 4 and paragraph [0042]); comprising: a first substrate (10); a first transparent electrode (200) disposed on the first substrate (10); a first color-changing layer (400) disposed on the first transparent electrode (200); an electrolyte layer (350) disposed on the first color-changing layer (400); a second color-changing layer (300) disposed on the electrolyte layer (350); a second transparent electrode (210) disposed on the second color-changing layer (300); a second substrate (11) disposed on the second transparent electrode (210).
However, D1 does not expressly disclose a first seal part disposed in a first open region between a third side surface of the second substrate and a first side surface of the first substrate and configured to cover portions of a top surface of the first transparent electrode, a fifth side surface of the electrolyte layer, a third side surface of the second substrate and a top surface of the second substrate.
In a related endeavor, D2 teaches an electrochromic device, in at least one of (figs. 1, 2, claim 22 and paragraph [0038]); a first seal part (32, 34 and 36 left) disposed in a first open region (area where 34 left resides) between a third side surface of the second substrate (24) and a first side surface of the first substrate (22) and configured to cover portions of a top surface of the first transparent electrode (part of 28; [0007]: pair of electrode as part of ECD; [0009]: ECD transparent), a fifth side surface of the electrolyte layer (30), a third side surface of the second substrate (24) and a top surface of the second substrate (24).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with the first seal part disposed in a first open region between a third side surface of the second substrate and a first side surface of the first substrate and configured to cover portions of a top surface of the first transparent electrode, a fifth side surface of the electrolyte layer, a third side surface of the second substrate and a top surface of the second substrate as taught by D2, for the purpose of better sealing the electrochromic elements in a desired configuration.
With regard to claim 2, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, However D1 does not expressly disclose wherein the first seal part further comprises a first flattening part.
In a related endeavor, D2 further teaches an electrochromic element, in at least (figs. 1, 2, claim 22 and paragraph [0038]); wherein the first seal part (32, 34 and 36 left) further comprises a first flattening part (32, left).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with the first seal part further comprises a first flattening part as taught by D2 for the purpose of better sealing the electrochromic elements in a desired configuration.
With regard to claim 3, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 2, However D1 does not expressly disclose wherein the first seal part comprises a first body disposed in the first open region and a first extension extending from the first body to the top surface of the second substrate.
In a related endeavor, D2 further teaches an electrochromic element, in at least (figs. 1, 2, claim 22 and paragraph [0038]); wherein the first seal part (32, 34 and 36 left) comprises a first body (32 left) disposed in the first open region (area where 34 left resides); and a first extension (left 34, horizontal lip extending over substrate 24) extending from the first body to the top surface of the second substrate (24).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with the first seal part comprises a first body disposed in the first open region (area where 34 left resides); and a first extension extending from the first body to the top surface of the second substrate as taught by D2 for the purpose of better sealing the electrochromic elements in a desired configuration.
With regard to claim 4, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, However D1 does not expressly disclose wherein the first substrate comprises a third side surface facing the first side surface, the second substrate comprises a fourth side surface facing the third side surface, a second open region (area where 34 right resides) is formed between the third side surface and the fourth side surface, and a second seal part disposed in the second open region (area where 34 right resides) and configured to cover portions of a lower surface of the second transparent electrode, a sixth side surface of the electrolyte layer, the third side surface and a lower surface of the first substrate is further comprised.
In a related endeavor, D2 further teaches an electrochromic element, in at least (figs. 1, 2, claim 22 and paragraph [0038]); wherein the first substrate (22) comprises a third side surface (22 bottom) facing the first side surface (22 top), the second substrate (24) comprises a fourth side surface (24 top) facing the third side surface (22 bottom), a second open region (area where 34 right resides) is formed between the third side surface and the fourth side surface, and a second seal part (32,34, and 36 right) disposed in the second open region (area where 34 right resides) and configured to cover portions of a lower surface of the second transparent electrode (part of 28; [0007]: pair of electrode as part of ECD; [0009]: ECD transparent), a sixth side surface of the electrolyte layer (30 top side), the third side surface and a lower surface of the first substrate (22) is further comprised.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with the first substrate comprises a third side surface facing the first side surface, the second substrate comprises a fourth side surface facing the third side surface, a second open region is formed between the third side surface and the fourth side surface, and a second seal part disposed in the second open region and configured to cover portions of a lower surface of the second transparent electrode, a sixth side surface of the electrolyte layer, the third side surface and a lower surface of the first substrate is further comprised as taught by D2 for the purpose of better sealing the electrochromic elements in a desired configuration.
With regard to claim 5, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 4, However D1 does not expressly disclose wherein the second seal part further comprises a second flattening part.
In a related endeavor, D2 further teaches an electrochromic element, in at least (figs. 1, 2, claim 22 and paragraph [0038]); wherein the second seal part (32,34, and 36 right) further comprises a second flattening part (32, right).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with the second seal part (32,34, and 36 right) further comprises a second flattening part as taught by D2 for the purpose of better sealing the electrochromic elements in a desired configuration.
With regard to claim 6, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 5, However D1 does not expressly disclose wherein the second seal part comprises a second body disposed in the second open region; and a second extension extending from the second body to a lower surface of the first substrate.
In a related endeavor, D2 further teaches an electrochromic element, in at least (figs. 1, 2, claim 22 and paragraph [0038]); wherein the second seal part (32,34, and 36 right) comprises a second body (34, right) disposed in the second open region (area where 34 right resides); and a second extension (34, horizontal part extending over substrate) extending from the second body (34, right) to a lower surface of the first substrate (22).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with the second seal part comprises a second body disposed in the second open region; and a second extension extending from the second body to a lower surface of the first substrate as taught by D2 for the purpose of better sealing the electrochromic elements in a desired configuration.
With regard to claim 7, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, However D1 in does not expressly disclose further comprising a first barrier layer disposed on the first flattening part.
In a related endeavor, D2 further teaches an electrochromic element, in at least (figs. 1, 2, claim 22 and paragraph [0038]); further comprising a first barrier layer (34 left) disposed on the first flattening part (32, left).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with further comprising a first barrier layer disposed on the first flattening part as taught by D2 for the purpose of better sealing the electrochromic elements in a desired configuration.
With regard to claim 8, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, However D1 does not expressly disclose further comprising a second barrier layer disposed under the second flattening part.
In a related endeavor, D2 further teaches an electrochromic element, in at least (figs. 1, 2, claim 22 and paragraph [0038]); further comprising a second barrier layer (34, right) disposed under the second flattening part (32, right).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with further comprising a second barrier layer disposed under the second flattening part as taught by D2 for the purpose of better sealing the electrochromic elements in a desired configuration.
With regard to claim 9, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an electrochromic element, in at least one of (fig.2a, 4 and paragraph [0042], [0046], and [0063]); further comprising a first bus bar (500, pair) connected electrically to the first transparent electrode (200) layer, wherein the first seal part (600) covers the first bus bar (500, pair).
With regard to claim 10, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 4, wherein D1 further teaches an electrochromic element, in at least one of (fig.2a, 4 and paragraph [0042], [0046], and [0063]); further comprising a second bus bar (500, pair) electrically connected to the second transparent electrode (210) layer, wherein the second seal part (600) covers the second bus bar (500, pair).
With regard to claim 11, D1 teaches a method of fabricating an electrochromic element, the method comprising: forming a first transparent electrode (200) on a first substrate (10); forming a first color-changing layer (400) on the first transparent electrode (200) layer; forming an electrolyte layer (350) on the first color-changing layer (400); forming a second transparent electrode (210) on a second substrate (11); forming a second color-changing layer (300) on the second transparent electrode (210); disposing the second color-changing layer (300) on the electrolyte layer (350) and bonding the second substrate (11), the second transparent electrode (210) and the second color-changing layer (300) to the electrolyte layer (350);
However, D1 does not expressly disclose removing a portion of the second substrate, a portion of the second transparent electrode, a portion of the second color-changing layer, a portion of the electrolyte layer and a portion of the first color-changing layer to form a first open region; disposing a first curable resin in the first open region; flattening the first curable resin; and curing the first curable resin.
In a related endeavor, D2 teaches an electrochromic device, in at least one of (figs. 1, 2, claim 22 and paragraph [0038]); removing a portion of the second substrate (24), a portion of the second transparent electrode (part of 28; [0007]: pair of electrode as part of ECD; [0009]: ECD transparent), a portion of the second color-changing layer (26), a portion of the electrolyte layer (30) and a portion of the first color-changing layer (28) to form a first open region (area where 34 left resides); disposing a first curable resin (32, left) in the first open region (left side where 34 resides); flattening the first curable resin (32 left); and curing the first curable resin ([0012]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with removing a portion of the second substrate, a portion of the second transparent electrode, a portion of the second color-changing layer, a portion of the electrolyte layer and a portion of the first color-changing layer to form a first open region; disposing a first curable resin in the first open region; flattening the first curable resin; and curing the first curable resin as taught by D2, for the purpose of better sealing the electrochromic elements in a desired configuration.
With regard to claim 12, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, However, D1 does not expressly disclose removing a portion of the first substrate, a portion of the first transparent electrode, a portion of the first color-changing layer, a portion of the electrolyte layer and a portion of the second color-changing layer to form a second open region; disposing a second curable resin in the second open region; flattening the second curable resin; and curing the second curable resin.
In a related endeavor, D2 teaches an electrochromic device, in at least one of (figs. 1, 2, claim 22 and paragraph [0038]); removing a portion of the second substrate (24), a portion of the second transparent electrode (part of 28; [0007]: pair of electrode as part of ECD; [0009]: ECD transparent), a portion of the second color-changing layer (26), a portion of the electrolyte layer (30) and a portion of the first color-changing layer (28) to form a second open region (area where 34 right resides); disposing a second curable resin (32, right) in the second open region (right side where 34 resides); flattening the second curable resin (32 right); and curing the second curable resin ([0012]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with removing a portion of the first substrate, a portion of the first transparent electrode, a portion of the first color-changing layer, a portion of the electrolyte layer and a portion of the second color-changing layer to form a second open region; disposing a second curable resin in the second open region; flattening the second curable resin; and curing the second curable resin as taught by D2, for the purpose of better sealing the electrochromic elements in a desired configuration.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRANT A GAGNON/ Examiner, Art Unit 2872
/BUMSUK WON/ Supervisory Patent Examiner, Art Unit 2872
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