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 .
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeNolf et al.(US 20200183244 A1 hereafter DeNolf).
Regarding claim 1, DeNolf discloses an electro-optic element in figure 1A or 2A, comprising:
a first substrate (14) having a first surface (14a) and a second surface (14b);
a second substrate (16) having a third surface (16a) and a fourth surface (16b), the second substrate (16) disposed in a spaced apart relationship with the first substrate (14) such that the second (14b) and third surfaces (16a) face one another;
a first electrode (32a) associated with the second surface (14b);
a second electrode (32b) associated with the third surface (16a);
an electrochromic medium (22) disposed between the first and second electrodes (32a, 32b); and
an outer seal (30) disposed between the first and second substrates (14, 16) in a peripheral manner to contain the electrochromic medium (22), the outer seal (30) being substantially uniform and defining a completely closed loop (see figure 1A or 2A).
Regarding claim 2, DeNolf discloses the electro-optic element of claim 1, wherein the outer seal (30) has a substantially uniform cross-section along an entirety of the outer seal (see figures 1A or 2A).
Regarding claim 3, DeNolf discloses the electro-optic element of claim 1, wherein the outer seal (30) has a substantially homogeneous cross-section along an entirety of the outer seal (see figure 1A or 2A).
Regarding claim 4, DeNolf discloses the electro-optic element of claim 1, further comprising an inner seal (38)(fig.1B or 2B) located internally to the loop defined by the outer seal (30)(see 1B or 2B).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over DeNolf et al.(US 20200183244 A1 hereafter DeNolf) as applied to claim 4 above, in view of Gauthier et al.(US 10254617 B2).
Regarding claim 5, DeNolf discloses the electro-optic element of claim 4. DeNolf does not expressly discloses wherein the outer seal is formed of a first seal material and the inner seal formed of a second seal material different than the first seal material. Gauthier teaches wherein the outer seal (134)(fig.8) is formed of a first seal material and the inner seal (136)(fig.9) formed of a second seal material different than the first seal material (col.15, lines 9-13). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed invention, to apply teachings of Gauthier et al. to device of DeNolf for implementing variety of material for sealer (Denolf’s par.[0054]).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over DeNolf et al.(US 20200183244 A1 hereafter DeNolf) in view of Gauthier et al.(US 10254617 B2) as applied to claim 5 above, and further in view of Ash (EP2755197 of record).
Regarding claim 6, DeNolf and Gauthier discloses the electro-optic element of claim 5 with first and second seals. However, neither DeNolf nor Gauthier discloses wherein the second seal material is dissolvable in the electrochromic medium. Ash is in same field of endeavor and teaches wherein the second seal material is dissolvable in the electrochromic medium (par.[0086]). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed invention, to apply teachings of Ash to device of DeNolf for maintaining cell spacing.
Regarding claim 7, DeNolf, Gauthier and Ash discloses the electro-optic element of claim 6. DeNolf further discloses wherein the first seal material (30) is formed of material that is not dissolvable in the electrochromic material (seal 30 is not in contact with EC material, figure 1).
12. The electro-optic element of claim 6, wherein the electrochromic material includes an electrolyte.
13. The electro-optic element of claim 12, wherein the first electrode includes one of an anodic or a cathodic film and the second electrode includes a different one of the anodic and the cathodic films.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over DeNolf et al.(US 20200183244 A1 hereafter DeNolf) in view of Gauthier et al.(US 10254617 B2) and Ash (EP2755197 of record) as applied to claim 7 above, and further in view of Hirao (US 20120142246 A1).
Regarding claims 8 and 9, DeNolf, Gauthier and Ash discloses the electro-optic element of claim 7. Neither DeNolf, Gauthier and Ash discloses a plurality of spacer elements located within the cavity and in an inboard direction from the inner seal.
Hirao is in electrochromic device field and teaches, in figure 1, a plurality of spacer elements (109) located within the cavity (11) and in an inboard direction from the inner seal (105)(figure1); wherein the plurality of spacer elements (109) are formed of a spacer element material different than the first seal material and the second seal material (par.[0055]). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed invention, to apply teachings of Ash to device of DeNolf for maintaining cell spacing.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over DeNolf et al.(US 20200183244 A1 hereafter DeNolf) in view of Gauthier et al.(US 10254617 B2) and Ash (EP2755197 of record) as applied to claim 6, and further in view of Agrawal (US 10948795 B2).
DeNolf, Gauthier and Ash discloses the electro-optic element of claim 6. However, neither DeNolf, Gauthier nor Ash discloses wherein the electrochromic material includes an electrolyte; wherein the first electrode includes one of an anodic or a cathodic film and the second electrode includes a different one of the anodic and the cathodic films. Agrawal is in IGU windows field and teaches, in figure 3, an electrolyte (electrolyte 32b); wherein the first electrode (32a) includes one of an anodic or a cathodic film and the second electrode (32c) includes a different one of the anodic and the cathodic films (col.28, lines 59 – col.29, line 10). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed invention, to apply teachings of Agrawal to device of DeNolf for forming .
Allowable Subject Matter
Claims 14-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: (claim 14) a window comprises an electrochromic medium disposed between the first and second electrodes and including traces of an inner seal material that has been dissolved in the electrochromic medium; (claim 18) an electro-optic element comprises an electrochromic medium disposed between the first and second electrodes and including an electrolyte having traces of an inner seal material.
3. Claims 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
4. The following is a statement of reasons for the indication of allowable subject matter: (claim 10) wherein the spacer element material is capable of being broken down via thermal activation; (claim 11) traces of a second seal material from an inner seal that has been dissolved within the electrochromic medium.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUYEN TRA whose telephone number is (571)272-2343. The examiner can normally be reached M-F 10-6.
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, 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.
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.
/TUYEN TRA/Primary Examiner, Art Unit 2872
Prosecution Insights