DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure(s) statement (IDS) submitted on 1/15/2025 and 4/7/2026 is/are acknowledge. Applicant has cited over 50 pages of references for consideration. the examiner believes that the large volume of references for consideration are largely cumulative. The references have been considered to the best of the examiner's ability based upon the fact that such a large volume of references have been cited. The applicant's assistance is respectfully requested with the list of cited references as per MPEP 2004, paragraph 13. Applicant's attention is also directed to Ex parte Morning Surf Corp., 230 USPQ 446 and Penn Yan Boats, Inc. v. Sea Lark Boats, Inc., 359 F. Supp. 948, 175 USPQ 260 (S.D. Fla. 1972).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 20 of U.S. Patent No. 9921450 hereafter Pradhan. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of Pradhan read on or make obvious claim 1 of the instant invention.
Regarding claim 1 an electrochromic device and control system comprising: a thin film electrochromic device comprising bus bars; and a controller comprising: circuitry for applying voltage or providing instructions to apply voltage between the bus bars on the thin film electrochromic device; and a processing component configured to perform the following operations: (i) determine that the thin film electrochromic device should transition from a first optical state to a second optical state; and (ii) provide a first applied voltage between the bus bars on the thin film electrochromic device in response to determining that the thin film electrochromic device should transition from the first optical state to the second optical state, wherein the first applied voltage has a magnitude such that an area of the thin film electrochromic device between the bus bars experiences an effective voltage between a maximum effective voltage that avoids damaging the thin film electrochromic device and a minimum effective voltage that drives the transition from the first optical state to the second optical state, wherein the first applied voltage is greater than the maximum effective voltage, and wherein the bus bars of the thin film electrochromic device are electrically coupled to the controller (see claim 1).
Claims 1, 7, 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11 of U.S. Patent No. 10520785 hereafter Pradhan. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 11 of Pradhan read on or make obvious claims 1, 7, and 13 of the instant invention.
Regarding claim 1 an electrochromic device and control system comprising: a thin film electrochromic device comprising bus bars; and a controller comprising: circuitry for applying voltage or providing instructions to apply voltage between the bus bars on the thin film electrochromic device; and a processing component configured to perform the following operations: (i) determine that the thin film electrochromic device should transition from a first optical state to a second optical state; and (ii) provide a first applied voltage between the bus bars on the thin film electrochromic device in response to determining that the thin film electrochromic device should transition from the first optical state to the second optical state, wherein the first applied voltage has a magnitude such that an area of the thin film electrochromic device between the bus bars experiences an effective voltage between a maximum effective voltage that avoids damaging the thin film electrochromic device and a minimum effective voltage that drives the transition from the first optical state to the second optical state, wherein the first applied voltage is greater than the maximum effective voltage, and wherein the bus bars of the thin film electrochromic device are electrically coupled to the controller (see claim 1 and 11).
Regarding claim 7, Pradhan discloses an electrochromic device and control system comprising: a thin film electrochromic device comprising bus bars and transparent conductive layers; and a controller comprising: circuitry for performing an optical transition between a first optical state and a second optical state of the thin film electrochromic device; and a processing component configured to: determine an applied voltage (Vapp) to apply to the bus bars to cause the optical transition; and direct the circuitry to apply Vapp to the bus bars of the thin film electrochromic device, wherein applying Vapp to the bus bars results in an effective voltage (Veff) that is less than a voltage level that brings about damage to the thin film electrochromic device by an amount corresponding to a predetermined buffer voltage at all locations between the bus bars, and wherein the bus bars of the thin film electrochromic device are electrically coupled to the controller (claims 1 and 11).
Regarding claim 13, Pradhan discloses an electrochromic device and control system comprising: a thin film electrochromic device comprising bus bars and transparent conductive layers, wherein the bus bars are separated by a distance of at least about 30 inches, and wherein the bus bars are electrically connected with the transparent conductive layers; and a controller comprising: circuitry for applying voltage or providing instructions to apply voltage between the bus bars on the thin film electrochromic device; and a processing component configured to cause: supplying an applied voltage (V.sub.app) to the bus bars to transition the thin film electrochromic device from a first optical state to a second optical state, wherein the V.sub.app is controlled based at least in part on: (a) a sheet resistance of the transparent conductive layers, (b) the distance between the bus bars, and (c) an instantaneous local current density in the thin film electrochromic device, wherein a magnitude of the V.sub.app changes based on an ohmic drop as the thin film electrochromic device transitions from the first optical state to the second optical state, and wherein application of the V.sub.app to the bus bars results in an effective voltage of at least about 1 Volt (V) at all locations between the bus bars of the thin film electrochromic device, and wherein the bus bars of the thin film electrochromic device are electrically coupled to the controller (see claims 1 and 11).
Allowable Subject Matter
Claims 1-18 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Regarding independent claim 1 (and its dependents), the prior art does not disclose the claimed electrochromic device specifically including as the distinguishing features in combination with the other limitations the claimed “wherein the first applied voltage has a magnitude such that an area of the thin film electrochromic device between the bus bars experiences an effective voltage between a maximum effective voltage that avoids damaging the thin film electrochromic device and a minimum effective voltage that drives the transition from the first optical state to the second optical state, wherein the first applied voltage is greater than the maximum effective voltage, and wherein the bus bars of the thin film electrochromic device are electrically coupled to the controller.”
Regarding independent claim 7 (and its dependents), the prior art does not disclose the claimed electrochromic device specifically including as the distinguishing features in combination with the other limitations the claimed “wherein the bus bars are separated by a distance of at least about 30 inches, and wherein the bus bars are electrically connected with the transparent conductive layers; and a controller comprising: circuitry for applying voltage or providing instructions to apply voltage between the bus bars on the thin film electrochromic device; and a processing component configured to cause: supplying an applied voltage (V.sub.app) to the bus bars to transition the thin film electrochromic device from a first optical state to a second optical state, wherein the V.sub.app is controlled based at least in part on: (a) a sheet resistance of the transparent conductive layers, (b) the distance between the bus bars, and (c) an instantaneous local current density in the thin film electrochromic device, wherein a magnitude of the V.sub.app changes based on an ohmic drop as the thin film electrochromic device transitions from the first optical state to the second optical state, and wherein application of the V.sub.app to the bus bars results in an effective voltage of at least about 1 Volt (V) at all locations between the bus bars of the thin film electrochromic device, and wherein the bus bars of the thin film electrochromic device are electrically coupled to the controller.”
Regarding independent claim 13 (and its dependents), the prior art does not disclose the claimed electrochromic device specifically including as the distinguishing features in combination with the other limitations the claimed “wherein the bus bars are separated by a distance of at least about 30 inches, and wherein the bus bars are electrically connected with the transparent conductive layers; and a controller comprising: circuitry for applying voltage or providing instructions to apply voltage between the bus bars on the thin film electrochromic device; and a processing component configured to cause: supplying an applied voltage (V.sub.app) to the bus bars to transition the thin film electrochromic device from a first optical state to a second optical state, wherein the V.sub.app is controlled based at least in part on: (a) a sheet resistance of the transparent conductive layers, (b) the distance between the bus bars, and (c) an instantaneous local current density in the thin film electrochromic device, wherein a magnitude of the V.sub.app changes based on an ohmic drop as the thin film electrochromic device transitions from the first optical state to the second optical state, and wherein application of the V.sub.app to the bus bars results in an effective voltage of at least about 1 Volt (V) at all locations between the bus bars of the thin film electrochromic device, and wherein the bus bars of the thin film electrochromic device are electrically coupled to the controller.”
Conclusion
Park (20140300945) is being cited herein to show a reference similar to that of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES JONES whose telephone number is (571)270-1278. The examiner can normally be reached 7:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES C. JONES/Primary Examiner, Art Unit 2872
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