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 .
Specification
The abstract of the disclosure is objected to because abstract appears like claim language. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1, 7 are objected to because of the following informalities:
Claims 1, 7 need to spell out what is “PDLC” because it is first time introduce the term.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 – 13, 19, 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 line 6 recites “a PDLC functional element with at least two adjacent, independently switchable switching regions, which is arranged between the outer pane and the inner pane, wherein”
Claim 7 line 9 recites “the PDLC functional element has at least two adjacent, independently switchable switching regions,”
Claim 7 line 9 appears duplicate claim scope with line 6.
Further, claim 7 recites “A glazing unit ….”.
It appears claim 7 like an apparatus claim.
Claim 7 line 14 recites “carry out the method according to claim 1.”
Claim 7 included both apparatus and method claim.
Therefore, claim 7 is indefinite.
Claims 8 – 13, 19, 20 have same issue because of claim dependency.
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 factual inquiries 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 1, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lendval et al. (DE202021105089U1 ) in view of Woodgate et al. (U.S. Patent Publication 20190215509 A1) in view of Northrup et al. (U.S. Patent Publication 20170269400 A1).
Regarding claim 1, Lendval discloses A method for controlling a PDLC functional element having at least two adjacent, independently switchable switching regions, wherein switching states are applicable to the switching regions by a control unit, the method comprising:
A) applying different switching states to at least two adjacent switching regions; ([0005] [0007] [0038] [0039])
B) sending a signal to the control unit by a user or an automatic control to change the switching states in the individual switching regions; ([0036] – [0039])
Lendval does not disclose C) first setting all switching regions set to the on switching state; and
D) then applying the changed switching states to the switching regions.
Woodgate discloses C) first setting all switching regions set to the switching state; ([0036] – [0039])
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to PDLC by Woodgate into device of Lendval. The suggestion/motivation would have been to improve efficiency. (Woodgate: [0036])
Lendval and Woodgate do not disclose D) then applying the changed switching states to the switching regions.
Northrup discloses D) then applying the changed switching states to the switching regions. ([0005] [0006] – [0012])
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to switching state by Northrup into device of Lendval and Woodgate. The suggestion/motivation would have been to improve efficiency. (Northrup: [0005])
Regarding claim 7, In view of 35 USC 112 rejection above, as best understood by the Examiner, Lendval discloses “A glazing unit with a PDLC functional element, comprising:
a laminated pane, (Fig. 2, 100) comprising:
an outer pane (Fig. 2, 1) and an inner pane (Fig. 2, 2), which are connected to one another via at least one thermoplastic intermediate layer, (Fig. 2, 3)
a PDLC functional element (Fig. 2, 4) with at least two adjacent, independently switchable switching regions (S1, S2, S3, S4) , which is arranged between the outer pane and the inner pane, wherein
the PDLC functional element (Fig. 2, 4) has at least two adjacent, independently switchable switching regions, and
a control unit (Fig. 2, 5) for electrically controlling the optical properties of the switching regions of the PDLC functional element, ([0036] – [0039])
Lendval does not disclose wherein the control unit is provided to carry out a method according to claim 1.
The claim limitation has 35 USC 112 issue.
As discussed in claim 1, Woodgate and Northrup as whole teaches wherein the control unit is provided to carry out a method according to claim 1.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate method of claim 1 by Woodgate and Northrup into device of Lendval. The suggestion/motivation would have been to improve efficiency. (Northrup: [0005])
Allowable Subject Matter
Claims 2 - 6, 14 – 18 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.
Claim 8 – 13, 19, 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN-NAN LIN whose telephone number is (571)272-5646. The examiner can normally be reached Monday - Thursday 7:30am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin C Lee can be reached at 571-2722963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUN-NAN LIN/Primary Examiner, Art Unit 2629
1911826
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