Obviousness

Obviousness Analysis of US Patent 12502870 under 35 U.S.C. § 103

This analysis will focus on combinations of the cited prior art references that would render the independent claim (Claim 1) and its dependent claims obvious to a person having ordinary skill in the art (PHOSITA) at the time of the invention's priority date (November 14, 2018). The core problem addressed by US12502870 is the degradation of electrochromic films due to the infiltration of undesired chemicals from interlayers and from the ambient environment (oxygen and moisture), which adversely affects performance and lifetime.

Independent Claim 1 Analysis

Claim 1 describes an electrochromic device with a first and second electrode layer, where the edges of these layers are cut to expose portions of the inner surface of the opposing electrode layer. These exposed inner surfaces are then sealed by a first and a second edge protection material.

Combination of Prior Art for Claim 1:
A PHOSITA would have found Claim 1 obvious by combining the teachings of US20130010347A1, US20160282645A1, and the general knowledge of layered device manufacturing and sealing techniques, potentially exemplified by JP2001033830A.

1. Primary Reference: US20130010347A1 (All-solid-state reflective dimming electrochromic element sealed with protective layer, and dimming member comprising the same)

   • Disclosure: This reference teaches an "all-solid-state reflective dimming electrochromic element sealed with protective layer." This disclosure inherently provides an electrochromic device comprising an electrochromic film with first and second electrode layers. Furthermore, it explicitly teaches the use of a "protective layer" to seal the electrochromic element, satisfying the general concept of edge protection materials described in Claim 1(b) and 1(c).
   • Missing Elements: While teaching a sealed electrochromic element, the brief description of US20130010347A1 does not explicitly detail the specific cutting configuration of the electrode layers to expose inner surfaces, as required by Claim 1(a)(i) and 1(a)(ii).

2. Secondary Reference: US20160282645A1 (Laminated glazings with improved moisture protection)

   • Disclosure: This patent application specifically focuses on "Laminated glazings with improved moisture protection." This reference directly highlights the known problem of moisture ingress and the critical need for effective protection in layered structures, such as those that would incorporate an electrochromic film.
   • Motivation to Combine: A PHOSITA would be motivated to combine the electrochromic element of US20130010347A1 with the teachings of US20160282645A1 to further enhance the durability and lifetime of the electrochromic device by specifically improving its protection against moisture and other degrading chemicals. The background of US12502870 itself acknowledges that "additives can infiltrate into the multilayer electrochromic films and adversely affect the electrochromic films" and that "oxygen and moisture from the ambient environment...may adversely affect the performance and lifetime of the electrochromic film."

3. Tertiary Reference/General Knowledge: JP2001033830A (Electrochromic element sealing structure) and general knowledge of layered device manufacturing.

   • Disclosure: JP2001033830A is titled "Electrochromic element sealing structure," indicating its focus on how electrochromic elements are sealed. In the broader context of multi-layer device manufacturing, especially for devices sensitive to environmental degradation, it is a well-established engineering principle to create stepped or staggered edge configurations for improved sealing. This involves intentionally recessing one layer relative to an adjacent layer to achieve a longer and more tortuous path for ingress (e.g., moisture, oxygen, chemicals) and to provide a larger, more robust adhesion surface for the sealant.
   • Obviousness of Layer Cutting: Given the motivation to achieve "improved moisture protection" (from US20160282645A1) for the "sealed electrochromic element" (from US20130010347A1), a PHOSITA would readily recognize that forming stepped edges, where one electrode layer is cut shorter than the other to expose a portion of the inner surface of the opposing electrode layer, is a conventional and effective technique to enhance the integrity and barrier properties of the edge seal. Applying separate edge protection materials to seal these exposed inner surfaces (as in Claim 1(b) and 1(c)) would be a direct and obvious application of sealing techniques already taught by US20130010347A1, but optimized with a commonly known advantageous edge geometry for improved environmental resistance.

Conclusion for Claim 1: A PHOSITA, motivated to improve the moisture and chemical resistance of the sealed electrochromic device taught by US20130010347A1, would employ well-known layering and sealing techniques to create staggered electrode edges, as further emphasized by the problem addressed in US20160282645A1 and generally known in the field of sealing structures for electrochromic elements (e.g., JP2001033830A). This combination of existing knowledge and motivation would render Claim 1 obvious.

Dependent Claims Analysis

Claims 2 & 3 (L-shape edge protection):
These claims specify that the edge protection material is in an L-shape, further sealing a side surface and a portion of an external surface of the electrode layer. This L-shaped configuration is a conventional design choice for comprehensive edge encapsulation in layered devices to provide robust protection against lateral ingress. A PHOSITA, aiming to maximize the effectiveness of the edge protection disclosed in Claim 1, would find it obvious to apply an L-shaped seal to fully encapsulate the vulnerable edges of the electrode layers.

Claim 4 (Epoxy as edge protection):
This claim specifies that the first and second edge protection materials comprise epoxy. Epoxy is a widely known and commonly used material for sealing and encapsulating electronic and optical devices due to its excellent barrier properties against oxygen and moisture. US12502870 itself notes that "the epoxy 605 can work as an effective oxygen and moisture blocker." (Description, FIG. 6). The selection of epoxy as the edge protection material would be an obvious material choice for a PHOSITA seeking to implement an effective seal.

Claim 5 (Electrically conductive edge protection):
This claim specifies that the edge protection materials are electrically conductive. US12502870 explicitly describes that an "electrically conductive edge protection material can conduct current to the electrode layer and/or charge storage layer" and that using such a material can "save one step with respect to fabricating the electrodes." (Description, FIG. 9). This represents a straightforward engineering design choice for a PHOSITA to integrate functions and potentially simplify manufacturing or enhance electrical contact, which would be obvious if such an advantage is desired.

Claim 6 (Cured with heat or UV, functioning as oxygen and moisture blockers):
This claim specifies that the edge protection materials are cured with heat or ultraviolet light and function as oxygen and moisture blockers. Curing of epoxy or similar sealants with heat or UV light is a standard industrial practice to achieve their optimal mechanical and barrier properties. The resulting function as "oxygen and moisture blockers" is an inherent and well-understood property of such cured materials when used in sealing applications, particularly those aiming for improved durability, as addressed by US20160282645A1.

Claim 7 (Laminated within an interlayer between substrates):
This claim specifies that the first electrode layer, the second electrode layer, and the edge protection materials are laminated within an interlayer between first and second substrates. The integration of electrochromic films into laminated structures, such as smart windows, using interlayers between glass substrates is a standard application and manufacturing process. References like US20040067343A1 ("Laminated glazing and means for its peripheral sealing") and US20170298682A1 ("Integration of electrochromic films on a substrate") clearly demonstrate this conventional practice. A PHOSITA would naturally combine the edge-protected electrochromic film with existing lamination techniques to form a robust device.

Claim 8 (Electrode layers sandwich electrochromic, electrolyte, and charge storage layers):
This claim describes the fundamental layered structure of an electrochromic device. This basic architecture, comprising electrode layers sandwiching an electrochromic material, an electrolyte, and a charge storage material, is universally taught in the art (e.g., explicitly illustrated in FIG. 2 of US12502870 itself) and is disclosed in numerous prior art references such as US5406414A, US5818625A, and WO2010032068A1.

Claims 9 & 10 (Electrochromic, electrolyte, charge storage layers cut in a same way as the electrode layers):
These claims specify that the intermediate functional layers (electrochromic material, electrolyte, and charge storage material) are cut in the same way as the electrode layers to expose portions of the inner surfaces. When creating stepped edges for the electrode layers for enhanced sealing, it would be an obvious design choice for a PHOSITA to similarly step the intermediate functional layers. This ensures the structural integrity of the overall stacked structure and maintains a consistent stepped profile for effective sealing by the edge protection material. Consistent layering and edge treatment is a basic principle in multi-layer device fabrication to prevent delamination and ensure uniform protection.

Claims 11 & 12 (ITO for electrode layers):
These claims specify that the first and second electrode layers comprise tin-doped indium oxide (ITO). ITO is a well-known and widely used transparent conductive oxide in electrochromic devices due to its optical transparency and electrical conductivity. Its use as an electrode material is explicitly mentioned as a preferred aspect in US12502870 (Description, FIG. 2) and is a common material choice throughout the prior art for transparent electrodes. Therefore, using ITO for the electrode layers would be an obvious material selection for a PHOSITA.