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
The information disclosure statement (IDS) submitted on 12/11/2024 has been considered by the examiner.
Preliminary Amendment
Preliminary Amendment that was filed on 12/02/2024 is entered.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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 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.
Claims 1-8, 11-13 and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by MIYAMOTO (US PUB 2023/0400742).
Regarding Claim 1, MIYAMOTO discloses an electronic ophthalmic lens (an electrochromic element 30 for a spectacle lens; see Fig. 3; Abstract, Paras. [0061]-[0062] and [0059]), comprising: a first polycarbonate layer (a first substrate 1 formed of polycarbonate; Fig. 3; Paras. [0010], [0058] and [0063]); a second polycarbonate layer (a second substrate 2 formed of polycarbonate; Fig. 3; Para. [0069]); an electrochromic layer between the first polycarbonate layer and the second polycarbonate layer (an electrochromic layer 6 between the substrates
1 and 2; see Fig. 3; Paras. [0058] and [0064]); a first ITO layer (4) between the first polycarbonate layer (1) and the electrochromic layer (6) (as shown in Fig. 3, where a first electrode layer 4 formed of Indium Tin Oxide, ITO, between the electrochromic layer 6 and the substrate 1; Paras. [0058] and [0064]); and a first AR layer (31) between the first polycarbonate layer and the first ITO layer (a first anti reflection layer, AR coat 31, between the substrate 1 and the electrode layer 4; Fig. 3; Para. [0058]).
Regarding Claim 2, MIYAMOTO discloses the first AR layer is comprised of silicone dioxide (the AR coat 31 is a multilayer film including layers of SiO2; Fig. 3; Para. [0058]).
Regarding Claim 3, MIYAMOTO discloses the first AR layer comprised of zirconium dioxide (the multilayer AR coat 31 includes layers of ZrO2; Fig. 3; Para. [0058]).
Regarding Claim 4, MIYAMOTO discloses the first AR layer has a thickness which is less than a thickness of the first ITO layer (see Tables 7-9; Para. [0093]-[0094]).
Regarding Claim 5, MIYAMOTO discloses a thickness of the first ITO layer is between 100 nm and 130 nm (the electrode layer 4 is preferably 123.5 nm or more and 136.5 nm or less; Para. [0010]).
Regarding Claim 6, MIYAMOTO discloses a second ITO layer (5) between the second polycarbonate layer and the electrochromic layer (a second electrode layer 5
formed of ITO between the second substrate and electrochromic layer 6; see Fig. 3; Para. [0059]).
Regarding Claim 7, MIYAMOTO discloses a second AR layer (32) between the second polycarbonate layer and the second ITO layer (a second AR coat 32 between
the second substrate 2 and the second electrode layer 5; see Fig. 3; Para. [0058]).
Regarding Claim 8, MIYAMOTO discloses the first AR layer and the second AR layer each comprise silicone dioxide and zirconium dioxide (each AR coat 31, 32 is a
multilayer film including alternating layers of ZrO2 and SiO2; Para. [0058]; Tables 8, 9).
Regarding Claim 11, MIYAMOTO discloses the first AR layer comprises a first silicone dioxide layer, a second silicone dioxide layer, and a zirconium dioxide layer between the first and second silicone dioxide layers (the multilayer AR coat 31 having alternating layers of ZrO2 and SiO2, includes a first layer of SiO2, a second layer of SiO2, and a ZrO2 layer between the first and second layers; Paras. [0058], Table 8).
Regarding Claim 12, MIYAMOTO discloses the first AR layer comprises alternating layers of silicone dioxide and zirconium dioxide (the multilayer AR coat 31 having alternating layers of ZrO2 and SiO2; Para. [0058]).
Regarding Claim 13, MIYAMOTO discloses an electronic ophthalmic lens (an electrochromic element 30 for a spectacle lens; see Fig. 3; Abstract, Paras. [0061]-[0062] and [0059]), comp1ising: a first polycarbonate layer (a first substrate 1 formed of polycarbonate; Fig. 3; Paras. [0010], [0058] and [0063]); a second polycarbonate layer (a second substrate 2 formed of polycarbonate; Fig. 3; Para. [0069]); an electrochromic layer between the first polycarbonate layer and the second polycarbonate layer (an electrochromic layer 6 between the substrates 1 and 2; see Fig. 3; Paras. [0058] and [0064]); a first ITO layer (4) between the first polycarbonate layer (1) and the electrochromic layer (6) (as shown in Fig. 3, where a first electrode layer 4 formed of Indium Tin Oxide, ITO, between the electrochromic layer 6 and the substrate 1; Paras. [0058] and [0064]); and a first AR layer (31) between the first polycarbonate layer and the first ITO layer (a first anti reflection layer, AR coat 31, between the substrate 1 and the electrode layer 4; Fig. 3; Para. [0058]); a second ITO layer (5) between the second polycarbonate layer and the electrochromic layer (a second electrode layer 5 formed of ITO between the second substrate and electrochromic layer 6; see Fig. 3; Para. [0059]); and a second AR layer (32) between the second polycarbonate layer and the second ITO layer (a second AR coat 32 between the second substrate 2 and the second electrode layer 5; see Fig. 3; Para. [0058]).
Regarding Claim 17 MIYAMOTO discloses the first AR layer and the second AR layer each comprise silicone dioxide (the AR coats 31, 32 are multilayer films including layers of SiO2; Fig. 3; Para. [0058]).
Regarding Claim 18 MIYAMOTO discloses the first AR layer and the second AR layer each comprise zirconium dioxide (the AR coats 31, 32 are multilayer films including layers of ZrO2; Pig. 3; Para. [0058]).
Regarding Claim 19 MIYAMOTO discloses the first AR layer and the second AR layer each comprise alternating layers of silicone dioxide and zirconium dioxide (the multilayer AR coats 31, 32 having alternating layers of ZrO2 and SiO2; Para. [0058]).
Regarding Claim 20 MIYAMOTO discloses the first AR layer and the second AR layer each comprise a first silicone dioxide layer, a second silicone dioxide layer, and a zirconium dioxide layer between the first and second silicone dioxide layers (the multilayer AR coats 31, 32 have alternating layers of ZrO2 and SiO2, including first layers of SiO2, second layers of SiO2, and ZrO2 layers between the first and second layers; Paras. [0058], Tables 8, 9).
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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 9-10 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over MIYAMOTO (US PUB 2023/0400742) in view of Sotzing et al. (US PUB 2013/0235323; herein after “Sotzing”).
Regarding Claim 9, MIYAMOTO fails to disclose a first buffer layer between the first polycarbonate layer and the first ITO layer and a second buffer layer between the second polycarbonate layer and the second ITO layer.
However, in a related endeavor Sotzing teaches electro chromic eyewear (abstract), further comprising a first buffer layer between the first polycarbonate layer and the first ITO layer and a second buffer layer between the second polycarbonate layer and the second ITO layer (an eyewear device comprises a first lens and a second lens each including a conductor 80 comprising ITO, a substrate 90 comprising polycarbonate, and an internal hard coat 100 between the substrates and the conductors (see Fig. 2; Paras. [0178], [0179], [0187]).
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 device of MIYAMOTO such that a first buffer layer between the first polycarbonate layer and the first ITO layer and a second buffer layer between the second polycarbonate layer and the second ITO layer as taught by Sotzing, for the purpose of providing chemical and abrasive resistance to the substrate (Sotzing Para. [0188]).
Regarding Claim 10, MIYAMOTO fails to disclose the first buffer layer and the second buffer layer are each comprised of a siloxane hardcoat.
However, Sotzing teaches the electrochromic eyewear device (abstract), wherein the first buffer layer and the second buffer layer are each comprised of a siloxane hardcoat (the hardcoat l 00 comprises siloxane or organosiloxane material (Para. [0188]).
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 device of MIYAMOTO such that the first buffer layer and the second buffer layer are each comprised of a siloxane hardcoat as taught by Sotzing, for the purpose of providing chemical and abrasive resistance to the substrate (Sotzing Para. [0188]).
Regarding Claim 14, MIYAMOTO fails to disclose a first buffer layer between the first AR layer and the first polycarbonate layer.
However, Sotzing teaches an electrochromic eyewear device (abstract), further comprising a first buffer layer between the first AR layer and the first polycarbonate layer (an eyewear device comprises a first lens and a second lens each including an antireflection layer 130, a substrate 90 comprising polycarbonate, and an external hard coat 120 between the substrates and the antireflection layers (see Fig. 2; Paras. [0179], [0187]).
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 device of MIYAMOTO such that a first buffer layer between the first AR layer and the first polycarbonate layer as taught by Sotzing, for the purpose of providing chemical and abrasive resistance to the substrate (Sotzing Para. [0188]).
Regarding Claim 15, MIYAMOTO fails to disclose a second buffer layer between the second AR layer and the second polycarbonate layer.
However, Sotzing teaches the electrochromic eyewear device (abstract), further comprising a second buffer layer between the second AR layer and the second polycarbonate layer (the eyewear device comprises the first lens and the second lens each including the antireflection layer 130, the substrate 90 comprising polycarbonate, and the external hard coat 120 between the substrates and the antireflection layers (see Fig. 2; Paras. [0179], [0187]).
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 device of MIYAMOTO such that a second buffer layer between the second AR layer and the second polycarbonate layer as taught by Sotzing, for the purpose of providing chemical and abrasive resistance to the substrate (Sotzing Para. [0188]).
Regarding Claim 16, MIYAMOTO fails to disclose each of the first and second buffers layers is comprised of a siloxane hardcoat.
However, Sotzing teaches the electrochromic eyewear device (abstract), wherein each of the first and second buffers layers is comprised of a siloxane hardcoat (the hardcoat 120 comprise siloxane or organosiloxane material; Para. [0188J).
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 device of MIYAMOTO such that each of the first and second buffers layers is comprised of a siloxane as taught by Sotzing, for the purpose of providing chemical and abrasive resistance to the substrate (Sotzing Para. [0188]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. NISHIMOTO et al. (US PUB 2010/0177395) teaches “producing an optical article. A first layer that is light-transmissive is formed on an optical substrate directly or with an additional layer in between. A silicide material, light-transmissive thin film is formed on the surface of the first layer. “, see Abstract.
Saenger Nayver et al. (US 10739661) teaches “a first substrate comprising a first surface and a second surface. The device further comprises a second substrate comprising a third surface and a fourth surface. The first substrate and the second substrate form a cavity between the second surface and the third surface. An electrochromic medium is disposed in the cavity. A transflective coating is disposed at the third surface, wherein the transflective coating comprises a multi-layer stack comprising alternating high-index (H) material and low-index (L) material.”, see Abstract.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSTAK CHOUDHURY whose telephone number is (571)272-5247. The examiner can normally be reached on M-F 8AM-5PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached on (571)272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUSTAK CHOUDHURY/Primary Examiner, Art Unit 2872
July 1, 2026
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