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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 12/30/2025 has been entered.
Response to Arguments
Applicants argues that prior art of record Schleder fails to teach a vehicle windshield. Applicant further argues that windshields are not considered automotive windows. Applicants provides a Declaration of Vincenzo Mannino which provides an opinion that its improper to equate an automotive windshield to an automotive window. The examiner respectfully disagrees an provides the following patents as evidence (that windshields are considered a window of the vehicle):
Liston (US Patent Publication Number 20240072408 A1) states in ¶0006 “any window of the vehicle (e.g., the windshield)”.
Sato (US Patent Publication Number 2024/0069335 A1) states in ¶0064 “the windshield 18 (for example, a front window of the vehicle 1)”.
Li (US Patent Publication Number 2025/0035971 A1) states in ¶0036 “one or more of the windows on vehicle 100, including the sunroof 102, the side window 104, the rear windshield 106, and/or the front windshield 108”.
Anazai (US Patent Publication Number 2023/0244016 A1) states in ¶0167 “the term “windshield glass” means windows and windshields for vehicle”.
Laskowski (US Patent Publication Number 2023/0019606 A1) states in ¶0004 “Windshields in a vehicle commonly refer to the front window of a vehicle”.
Kuehner (US Patent Publication Number 2022/0379690 A1) states in ¶0016 “varying the transparency of one or more of the vehicle's windows (windshield, side windows, and/or rear window)”.
Degiulio (US Patent Publication Number 2021/0041696 A1) states in ¶0010 “The windshield 24 can therefore be referred to as a window”.
Rastoll (US Patent Number 10,688,915 B1) states in Col.5, lines 54-57 “the image can be displayed on any of the windows of the vehicle (e.g., side window on the driver side or passenger side, windshield, rear windows, etc.)”.
Cermak (US Patent Publication Number 2020/0150462 A1) states in ¶0003 “the system where the vehicle window is a windshield”.
Lu (US Patent Publication Number 2019/0344715 A1) states in ¶0004 “a window of a vehicle (such as a windshield of the vehicle or a glass cover panel)”.
Newman (US Patent Publication Number 2018/0037164 A1) states in ¶0016 “The vehicle window 130 may be a front windshield, rear-window, side window, sunroof window, or mirror of a vehicle”.
Based on the references provided, (using BRI) the examiner interprets that a vehicle windshield is considered a window of the vehicle.
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.
Claims 1, 3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Greer (US Patent Publication Number 2024/0152016 A1) in view of Schleder (US Publication Number 2023/0020132 A1).
Greer teaches, as in independent claim 1, a variable transparency glass system, comprising, a transparent material (202), a variable transparency material (102) operable to vary between a transparent state and an opaque state responsive to an applied electrical signal (¶0035), a primary power source (110a, ¶0050) electrically connected to the variable transparency material (102) to switchably deliver a primary electrical signal to the variable transparency material (102), a secondary power source (110b) electrically connected to the variable transparency material (102) to switchably deliver a secondary electrical signal to the variable transparency material (102), and a controller (108) operably coupled to the variable transparency material (102), the primary power source (110a), and the secondary power source (110b, Fig.1), wherein the controller (108) is configured to monitor an output voltage1 the primary power source during delivery of the primary electrical signal to the variable transparency material (¶0063), and when the output voltage of the primary power source falls below a cutoff threshold, switch from delivery of the primary electrical signal to the variable transparency material to delivery of the secondary electrical signal to the variable transparency material (¶0063). Greer fails to teach a variable transparency vehicular windshield. In a related art, Schleder teaches variable transparency vehicular windshield2 (¶0003 “smart windows are being used in high-end automobiles and homes and smart partitions” and ¶0008 “ The privacy structures can be implemented in the form of a window”), primary power source (210) electrically connected to the variable transparency material to wherein the primary power source comprises a primary vehicle battery (¶0060 “direct current power source (e.g., battery)”;a secondary power source (SE1) electrically connected to the variable transparency material to wherein the secondary power source comprises a secondary vehicle battery (¶0062 “one or more batteries”).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified a variable transparency glass system, as taught by Greer, with the variable transparency material, as taught by Schleder, for the purpose of providing a way to electrically control optically active material along with first and second electrode layers (¶0060).
Greer teaches, as in claim 3, wherein the variable transparency material comprises an electrochromic material (¶0048).
Greer teaches, as in claim 5, wherein the controller (108) is further configured to regulate the electrical signal applied to the variable transparency material to maintain the variable transparency material at a preset transparency value (¶0050).
Greer teaches, as in claim 6, comprising a tertiary power source (112) electrically connected to the variable transparency material (102) to switchably deliver a tertiary electrical signal to the variable transparency material (¶0059), and wherein the controller (108) is further configured to switch to delivery of the tertiary electrical signal to the variable transparency material when neither the primary electrical signal nor the secondary electrical signal is sufficient to maintain the variable transparency material at the preset transparency value (¶0059).
Greer teaches, as in claim 7, wherein the tertiary power source comprises a capacitor (¶0051).
Claims 2, 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Greer (US Patent Publication Number 2024/0152016 A1) in view of Schleder (US Publication Number 2023/0020132 A1) and in further view of Roses (US Patent Publication Number 2004/0109107 A1).
Greer and Schelder fail to teach, as in claim 2, wherein the variable transparency material comprises a polymer-dispersed liquid crystal (PDLC) film. In a related art, Roses teaches a variable transparency glass system, comprising a transparent material (12), a variable transparency material (16) operable to vary between a transparent state and an opaque state responsive to an applied electrical signal (¶0017), wherein the variable transparency material comprises a polymer-dispersed liquid crystal (PDLC) film (¶0014).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified a variable transparency glass system, as taught by Greer and Schelder, with the variable transparency material, as taught by Roses, for the purpose of providing a way to variable transparency material (¶0009).
Greer and Schelder fail to teach, as claimed 8, wherein the variable transparency material is in the opaque state in absence of the applied electrical signal. In a related art, Roses teaches wherein the variable transparency material is in the opaque state in absence of the applied electrical signal (¶0002).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified a variable transparency glass system, as taught by Greer, with the variable transparency material, as taught by Roses, for the purpose of providing a way to variable transparency material (¶0009).
Greer and Schelder fail to teach, as claimed 13, wherein the transparent material comprises a first transparent panel and a second transparent panel and wherein the variable transparency material is sandwiched between the first transparent panel and the second transparent panel. In a related art, Roses teaches wherein the transparent material comprises a first transparent panel (12) and a second transparent panel (14) and wherein the variable transparency material (16) is sandwiched between the first transparent panel and the second transparent panel.
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified a variable transparency glass system, as taught by Greer and Schelder, with the variable transparency material, as taught by Roses, for the purpose of providing a way to variable transparency material (¶0009).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Greer (US Patent Publication Number 2024/0152016 A1) in view of Schleder (US Publication Number 2023/0020132 A1) and in further view of Huang (US Patent Publication Number 2022/0223675 A1).
Greer and Schelder fail to teach, as in claim 4, fail to teach wherein the variable transparency material comprises a suspended particle device. In a related art, Huang teaches wherein the variable transparency material comprises a suspended particle device (¶0077).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the variable transparency glass system, as taught by Greer and Schelder, with the suspended particle device, as taught by Huang, for the purpose of providing conductive patterns or lines to drive liquid crystal molecules in the liquid crystal layer LC to rotate (¶0051).
Claims 11 is rejected under 35 U.S.C. 103 as being unpatentable over Greer (US Patent Publication Number 2024/0152016 A1) in view of Schleder (US Publication Number 2023/0020132 A1) and in further view of Pain (US Patent Publication Number 2023/0031781 A1).
Greer and Schelder fail to teach, as in claim 11, wherein the controller comprises a single-board computer. In a related art, Pain teaches a variable transparency material wherein the controller comprises a single-board computer (¶0064).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified a variable transparency glass system, as taught by Greer and Schelder, with the primary power source, as taught by Renning, for the purpose of providing a way to transmit electrical signals to the electric-power supply circuit (¶0064).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Greer (US Patent Publication Number 2024/0152016 A1) in view of Schleder (US Publication Number 2023/0020132 A1) and in further view of Kim (KR Patent Number 102545972 B1).
Greer and Schelder fails to teach, as in claim 12, wherein the variable transparency material is adhesively applied to a surface of the transparent material. In a related art, Kim teaches wherein the variable transparency material is adhesively applied to a surface of the transparent material (Page 7, paragraph 1).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified a variable transparency glass system, as taught by Greer and Schelder, with adhesive, as taught by Kim for the purpose of providing a high-quality product without scattering and deterioration of transparency (Page 3, paragraph 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liston (US Patent Publication Number 2024/0072408 A1) teaches windshields are considered a window of the vehicle.
Sato (US Patent Publication Number 2024/0069335 A1) teaches windshields are considered a window of the vehicle.
Li (US Patent Publication Number 2025/0035971 A1) teaches windshields are considered a window of the vehicle.
Anazai (US Patent Publication Number 2023/0244016 A1) teaches windshields are considered a window of the vehicle.
Laskowski (US Patent Publication Number 2023/0019606 A1) teaches windshields are considered a window of the vehicle.
Kuehner (US Patent Publication Number 2022/0379690 A1) teaches windshields are considered a window of the vehicle.
Degiulio (US Patent Publication Number 2021/0041696 A1) teaches windshields are considered a window of the vehicle.
Rastoll (US Patent Number 10,688,915 B1) teaches windshields are considered a window of the vehicle.
Cermak (US Patent Publication Number 2020/0150462 A1) teaches windshields are considered a window of the vehicle.
Lu (US Patent Publication Number 2019/0344715 A1) teaches windshields are considered a window of the vehicle.
Newman (US Patent Publication Number 2018/0037164 A1) teaches windshields are considered a window of the vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 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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JOURNEY F. SUMLAR
Examiner
Art Unit 2872
12 February 2026
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
1 ¶ 0003 states that the light transmission properties of the glass or glazing are altered when electrical power (e.g., voltage/current) is applied to the glass. The examiner has interpreted that that term power is referring to voltage or current that’s applied to the glass.
2 Windshields are considered windows of automobiles.