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 .
Election/Restrictions
The Applicant’s arguments, filed 7/29/2026, were incomplete because an election was not made. The Applicant argued that the restriction was based on claims, filed 10/17/2024, rather than the preliminary amended claims, filed 12/23/2024. However, this argument was incorrect. After a telephone conversation, on 8/26/2026, Steve Cha acknowledged the error and elected claims 2-7 without traverse.
Claims 8-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the telephone conversation on 8/26/2026.
Applicant’s election without traverse of Group I and Species I (claims 2-7) in the telephone conversation on 8/26/2026 is acknowledged.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 1/14/2025, 5/7/2025, 7/21/2025, and 3/30/2026. An initialed copy is attached to this Office Action.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Templ Wolfgang (EP 3772773), hereinafter ‘773 in view of Jain et al. (2012/0307352), hereinafter Jain.
Regarding claim 2, ‘773 discloses, in figures 7a-7c, a smart window (700, electrochromic cell) (paragraph 0080) configured to transition between a substantially transparent state and a tinted state, comprising: a first substantially transparent conductive layer (702, conductor layer) (paragraph 0081); an ion storage layer (712, ion storage layer) on the first substantially transparent conductive layer (figure 7b and paragraph 0082); an electrolyte layer (704, electrolyte layer) on a side of the ion storage layer (712, ion storage layer) away from the first substantially transparent conductive layer (702, conductor layer) (paragraph 0082 and figure 7b); an electrochromic layer (706, electrochromic material) on a side of the electrolyte layer (704, electrolyte layer) away from the ion storage layer (712, ion storage layer) (paragraph 0082); a second substantially transparent conductive layer (710, conductor layer) on a side of the electrochromic layer (706, electrochromic material) away from the electrolyte layer (704, electrolyte layer) (paragraph 0082); and an antenna layer (351 and 352, RF transmission line antennas) configured to receive wireless power transmissions and use the received power (paragraphs 0076 and 0089); wherein an orthographic projection of the electrochromic layer (706, electrochromic material) on the first substantially transparent conductive layer (702, conductor layer) substantially covers an orthographic projection of the antenna layer (20, antenna arrangement; which includes a first antenna 201 and a second antenna 202) on the first substantially transparent conductive layer (702, conductor layer) (figure 8a and paragraph 0089).
‘773 does not specifically disclose power to cause the smart window to transition between the substantially transparent state and the tinted state.
Jain discloses power to cause the smart window to transition between the substantially transparent state and the tinted state (paragraph 0015).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of ‘773 with the transition between a transparent state and a tinted state of Jain for the purpose of reduce glare and improve visibility.
Regarding claim 3, Jain discloses wherein the antenna layer uses the received power to directly power the transition between the substantially transparent state and the tinted state (paragraph 0015 discloses the window consumes power during switching).
Regarding claim 4, Jain discloses wherein the antenna layer uses the received power to charge a battery or capacitor that is configured to power the transition between the substantially transparent state and the tinted state (paragraph 0015).
Regarding claims 5 and 6, ‘773 discloses wherein the antenna layer uses the received power to power other active devices associated with the smart window (paragraphs 0026-0030 and 0076-0079).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Templ Wolfgang (EP 3772773), hereinafter ‘773 in view of Jain et al. (2012/0307352), hereinafter Jain as applied to claim 1 above, and further in view of Snider Darin (WO 2012037190), hereinafter Snider.
Regarding claim 7, ‘773 in view of Jain discloses all the limitations in common with claim 1, and such is hereby incorporated.
‘773 in view of Jain does not disclose wherein the other active devices include motion sensors, light sensors, heat sensors, moisture sensors and/or wireless communication sensors.
Snider discloses wherein the other active devices include motion sensors, light sensors, heat sensors, moisture sensors and/or wireless communication sensors (paragraph 00169 discloses motion sensors).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of ‘773 with the motion sensors of Snider for the purpose of powering and controlling the sensors in connection with the window.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDI N THOMAS whose telephone number is (571)272-2341. The examiner can normally be reached Monday - Friday 7:30 - 3:30.
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/BRANDI N THOMAS/Primary Examiner, Art Unit 2872
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