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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/02/2026 has been entered.
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 1-4, 6-9, and 12-15 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 1 is indefinite as the recitation of possible elements is not properly claimed in the alternative. Treatment of claims reciting alternatives is not governed by the particular format used (e.g., alternatives may be set forth as "a material selected from the group consisting of A, B, and C" or "wherein the material is A, B, or C"). See, e.g., the Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications ("Supplementary Guidelines"), 76 Fed. Reg. 7162, 7166 (February 9, 2011). Alternative expressions are permitted if they present no uncertainty or ambiguity with respect to the question of scope or clarity of the claims. A Markush grouping is a closed group of alternatives, i.e., the selection is made from a group "consisting of" (rather than "comprising" or "including") the alternative members. Abbott Labs., 334 F.3d at 1280, 67 USPQ2d at 1196. If a Markush grouping requires a material selected from an open list of alternatives (e.g., selected from the group "comprising" or "consisting essentially of" the recited alternatives), the claim should generally be rejected under 35 U.S.C. 112(b) as indefinite because it is unclear what other alternatives are intended to be encompassed by the claim. If a claim is intended to encompass combinations or mixtures of the alternatives set forth in the Markush grouping, the claim may include qualifying language preceding the recited alternatives (such as "at least one member" selected from the group), or within the list of alternatives (such as "or mixtures thereof"). Id. at 1281. See MPEP 2173.05(h). For the purposes of examination claim 1 will be interpreted as reciting “wherein the thermochromic pigments include one or more thermochromic dyes selected from the group consisting of an organic thermochromic dye….” Correction is required.
Claims 2-4, 6-9, and 12-14 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, since these claims depend from the claims rejected above and do not remedy the aforementioned deficiencies.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4, 6, 8-9, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Merz (DE 3836424 A1; herein English machine translation used for all citations) (previously cited) in view of Quintero (US 20190298616 A1) (previously cited), Owen et al. (US 20120205386 A1) (previously cited), and Brown et al. (US 4743398 A) (previously cited).
Regarding claim 1, Merz teaches a feeding bottle comprising a refillable hollow bottle body which forms a body base and a neck and that can fit a teat (Merz, Par. 0001-0004, 0011, and Fig. 1). Merz teaches the feeding bottle comprises a dye change indicator to show when the contents of the bottle increased in temperature, wherein the dye change indicator consists of an imprint integrated in a bottle surface, the dye change indicator including a thermochroic pigment that is activated by UV radiation, and wherein the imprint is obtained by means of a screen-printing process (Merz, Par. 0001-0010, 0013, Claims 1, and 9).
Merz is silent regarding an outer thread over the bottle neck for screwing on or fitting a teat.
Quintero teaches a feeding bottle comprising a thermochromic pigment, and wherein the bottle comprises an outer thread over a bottle neck for screwing on or fitting a teat (nipple) (Quintero, Abstract, Par. 0031, and 0091-0092).
Merz and Quintero are analogous art as they both teach feeding bottles that can fit a teat and comprise a thermochromic pigment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included an outer thread over the bottle neck of Merz. This would allow for securing the teat onto the bottle (Quintero, Par. 0031 and 0091-0092).
Modified Merz is silent regarding the dye change indicator for a temperature greater than 20 degrees Celsius being obtained from a composition comprising: 10-20 wt.% oligomers selected from the group consisting of acrylates and methacrylates of polyurethane, polyester, epoxy, or polyether; 20-40 wt.% monomers selected from the group consisting of monofunctional, difunctional, trifunctional, tetrafunctional, and hexafunctional acrylates or methacrylates; 1-10 wt.% photoinitiators; and 15-25 wt.% of one or more thermochromic pigments, wherein the thermochromic pigments include one or more thermochromic dyes selected from the group consisting of an organic thermochromic dye, a combination of a leuco dye, a reversible proton donor, and a phase-change material; a dye or a metal complex; and a combination of a plurality of dyes having different temperature behaviors.
Owen teaches a drink container that comprises a UV activated dye change indicator for a temperature greater than between 5 and 65°C (Owen, Abstract and Par. 0017), which overlaps the claimed amount of 20°C and therefore establishes a prima facie case of obviousness over the claimed amount, see MPEP 2144.05, I. Owen teaches the dye change indicator is formed from a composition comprising 1-40 wt.% of a thermochromic pigment and 5-30 wt.% of a polymerizable resin which can be an oligomer of polyurethane, polyester, or epoxy acrylates (Owen, Par. 0013-0017, and 0029). Owen’s pigment and oligomer ranges encompass the claimed ranges of 15-25 wt.% and 10-20 wt.% respectively and therefore establish prima facie cases of obviousness over the claimed ranges, see MPEP 2144.05, I. Owen teaches the composition may comprise a photoinitiator (Owen, Par. 0031). Owen teaches the thermochromic pigments include a dye (Owen, Par. 0013-0014).
Modified Merz and Owen are analogous art as they both teach drink containers comprising a UV dye change indicator comprising a thermochromic pigment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the composition of Owen as the composition of modified Merz. This would allow for a beverage container where a user can see how hot or cold the contents of the container are (Owen, Par. 0013-0017).
Modified Merz is silent regarding the content of the photoinitiator being from 1-10 wt.%, and is silent regarding the composition comprising 20-40 wt.% monomers selected from the group consisting of monofunctional, difunctional, trifunctional, tetrafunctional, and hexafunctional acrylates or methacrylates.
Brown teaches a UV activated, printable thermochromic ink composition that comprises a thermochromic pigment, a polyester or epoxy acrylate oligomer (binder) based on the total weight of the composition, from 5-80 wt.% (binder) of a monofunctional of multifunctional acrylate or methacrylate based on the weight of the oligomer, and from 1-10 wt.% of a photoinitiator based on total composition weight (Brown, Abstract, Col. 5 Line 64 – Col. 6 Line 19, Col. 7 Line 40 – Col. 8 Line 2, Col. 9 Lines 22-36, Col. 9 Line 62 – Col. 10 Line 23, and Col. 15 Lines 15-30). Brown’s photoinitiator content range is the same as the claimed range of 1-10 wt.%, and therefore satisfies the claimed range, see MPEP 2131.03.
Modified Merz and Brown are analogous art as they both teach UV activated, printable thermochromic ink compositions comprising a thermochromic pigment, a polyester or epoxy acrylate oligomer, and a photoinitiator. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the photoinitiator of modified Merz in an amount of 1-10 wt.% as taught by Brown. This would allow for suitable initiation of the polymer (Brown, Col. 9 Line 62 – Col. 10 Line 23). It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included Brown’s monomer in the composition of modified Merz. This would allow for a reduced viscosity and more cross-linking sites (Brown, Col. 5 Line 64 – Col. 6 Line 19, Col. 9 Lines 22-36). Furthermore, as the oligomer is present in an amount of 1-40 wt.% and the monomer is present in an amount of 5-80 wt.% based on weight of the oligomer as stated above, this results in a content of the monomer of 0.05-32 wt.%, which overlaps the claimed range of 20-40 wt.% and therefore establishes a prima facie case of obviousness over the claimed range, see MPEP 2144.05, I.
Regarding claim 4, modified Merz teaches the feeding bottle further comprises glass (Merz, Par. 0001-0005). Modified Merz teaches the composition is activated with UV light to obtain the imprint and is cured by means of UV light (Merz, Par. 0010; Owen, Par. 0015, 0030, and claim 22).
Regarding claim 6, modified Merz teaches the composition contains an additive such as a dispersing agent in an amount of 0-5 wt.% (Merz, Par. 0016-0017), which overlaps the claimed range of 1-5 wt.% and therefore establishes a prima facie case of obviousness over the claimed range, see MPEP 2144.05, I.
Regarding claim 8, modified Merz teaches the imprint is in a circular shape that warns you when a temperature is exceeded, and thus satisfies the limitation of being in the shape of a warning symbol. (Merz, Par. 0006-0008).
Regarding claim 9, modified Merz teaches all of the elements of the claimed invention as stated above for claim 1. Modified Merz is silent regarding a printed image formed from the imprint is in at least one elongate shape from the bottle base up to the bottle neck in the shape of a bar or a line or in the form of a thermometer, with each of these having a scale, being solid, or being discontinuous.
Quintero teaches a feeding bottle comprising a thermochromic pigment in an elongated shape from a bottle base up to a bottle neck such as a thermometer that has a scale and is solid (Quintero, Abstract, Par. 0015-0016, 0081, and Fig. 1).
Modified Merz and Quintero are analogous art as they both teach feeding bottles that comprise a thermochromic pigment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the imprint of modified Merz in the shape of thermometer as taught by Quintero. This would allow a thermochromic design related to telling the temperature of the contents of the bottle (Quintero, Abstract, Par. 0015-0016, 0081, and Fig. 1).
Regarding claim 14, modified Merz teaches the dye is configured to change color intensity in a temperature dependent manner (Merz, Par. 0013-0014).
Claims 1, 4, 6, 8-9, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Merz in view of Quintero, Owen et al., Lee et al. (US 20080261843 A1) (newly cited) and Brown et al.
Regarding claim 1, Merz teaches a feeding bottle comprising a refillable hollow bottle body which forms a body base and a neck and that can fit a teat (Merz, Par. 0001-0004, 0011, and Fig. 1). Merz teaches the feeding bottle comprises a dye change indicator to show when the contents of the bottle increased in temperature, wherein the dye change indicator consists of an imprint integrated in a bottle surface, the dye change indicator including a thermochroic pigment that is activated by UV radiation, and wherein the imprint is obtained by means of a screen-printing process (Merz, Par. 0001-0010, 0013, Claims 1, and 9).
Merz is silent regarding an outer thread over the bottle neck for screwing on or fitting a teat.
Quintero teaches a feeding bottle comprising a thermochromic pigment, and wherein the bottle comprises an outer thread over a bottle neck for screwing on or fitting a teat (nipple) (Quintero, Abstract, Par. 0031, and 0091-0092).
Merz and Quintero are analogous art as they both teach feeding bottles that can fit a teat and comprise a thermochromic pigment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included an outer thread over the bottle neck of Merz. This would allow for securing the teat onto the bottle (Quintero, Par. 0031 and 0091-0092).
Modified Merz is silent regarding the dye change indicator for a temperature greater than 20 degrees Celsius being obtained from a composition comprising: 10-20 wt.% oligomers selected from the group consisting of acrylates and methacrylates of polyurethane, polyester, epoxy, or polyether; 20-40 wt.% monomers selected from the group consisting of monofunctional, difunctional, trifunctional, tetrafunctional, and hexafunctional acrylates or methacrylates; 1-10 wt.% photoinitiators; and 15-25 wt.% of one or more thermochromic pigments.
Owen teaches a drink container that comprises a UV activated dye change indicator for a temperature greater than between 5 and 65°C (Owen, Abstract and Par. 0017), which overlaps the claimed amount of 20°C and therefore establishes a prima facie case of obviousness over the claimed amount, see MPEP 2144.05, I. Owen teaches the dye change indicator is formed from a composition comprising 1-40 wt.% of a thermochromic pigment and 5-30 wt.% of a polymerizable resin which can be an oligomer of polyurethane, polyester, or epoxy acrylates (Owen, Par. 0013-0017, and 0029). Owen’s pigment and oligomer ranges encompass the claimed ranges of 15-25 wt.% and 10-20 wt.% respectively and therefore establish prima facie cases of obviousness over the claimed ranges, see MPEP 2144.05, I. Owen teaches the composition may comprise a photoinitiator (Owen, Par. 0031). Owen teaches the thermochromic pigments include a leuco dye (Owen, Par. 0013-0014).
Modified Merz and Owen are analogous art as they both teach drink containers comprising a UV dye change indicator comprising a thermochromic pigment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the composition of Owen as the composition of modified Merz. This would allow for a beverage container where a user can see how hot or cold the contents of the container are (Owen, Par. 0013-0017).
Modified Merz is silent regarding the thermochromic pigments including one or more thermochromic dyes selected from the group consisting of an organic thermochromic dye, a combination of a leuco dye, a reversible proton donor, and a phase-change material; a dye or a metal complex; and a combination of a plurality of dyes having different temperature behaviors.
Lee teaches that it is known to one of ordinary skill in the art to mark a baby bottle with a thermochromic dye comprising a combination of a leuco dye (spiropyran), a reversible proton donor (1,2,3-triazoles), and a phase-change material (paraffin) (Lee, Par. 0089-0095). Spiropyran, 1,2,3-triazoles, and paraffin satisfy the limitation of the leuco dye, reversible proton donor, and phase-change material as they are given as examples by the instant claim 14.
Modified Merz and Lee are analogous art as they both teach thermochromic dyes for use with baby bottles. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the thermochromic dye of Lee as the thermochromic dye of modified Merz as it is an art recognized equivalence for the same purpose, see MPEP 2144.06. Furthermore, this would allow for a reversible thermochromic pigment (Lee, Par. 0089-0095).
Modified Merz is silent regarding the content of the photoinitiator being from 1-10 wt.%, and is silent regarding the composition comprising 20-40 wt.% monomers selected from the group consisting of monofunctional, difunctional, trifunctional, tetrafunctional, and hexafunctional acrylates or methacrylates.
Brown teaches a UV activated, printable thermochromic ink composition that comprises a thermochromic pigment, a polyester or epoxy acrylate oligomer (binder) based on the total weight of the composition, from 5-80 wt.% (binder) of a monofunctional of multifunctional acrylate or methacrylate based on the weight of the oligomer, and from 1-10 wt.% of a photoinitiator based on total composition weight (Brown, Abstract, Col. 5 Line 64 – Col. 6 Line 19, Col. 7 Line 40 – Col. 8 Line 2, Col. 9 Lines 22-36, Col. 9 Line 62 – Col. 10 Line 23, and Col. 15 Lines 15-30). Brown’s photoinitiator content range is the same as the claimed range of 1-10 wt.%, and therefore satisfies the claimed range, see MPEP 2131.03.
Modified Merz and Brown are analogous art as they both teach UV activated, printable thermochromic ink compositions comprising a thermochromic pigment, a polyester or epoxy acrylate oligomer, and a photoinitiator. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the photoinitiator of modified Merz in an amount of 1-10 wt.% as taught by Brown. This would allow for suitable initiation of the polymer (Brown, Col. 9 Line 62 – Col. 10 Line 23). It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included Brown’s monomer in the composition of modified Merz. This would allow for a reduced viscosity and more cross-linking sites (Brown, Col. 5 Line 64 – Col. 6 Line 19, Col. 9 Lines 22-36). Furthermore, as the oligomer is present in an amount of 1-40 wt.% and the monomer is present in an amount of 5-80 wt.% based on weight of the oligomer as stated above, this results in a content of the monomer of 0.05-32 wt.%, which overlaps the claimed range of 20-40 wt.% and therefore establishes a prima facie case of obviousness over the claimed range, see MPEP 2144.05, I.
Regarding claim 4, modified Merz teaches the feeding bottle further comprises glass (Merz, Par. 0001-0005). Modified Merz teaches the composition is activated with UV light to obtain the imprint and is cured by means of UV light (Merz, Par. 0010; Owen, Par. 0015, 0030, and claim 22).
Regarding claim 6, modified Merz teaches the composition contains an additive such as a dispersing agent in an amount of 0-5 wt.% (Merz, Par. 0016-0017), which overlaps the claimed range of 1-5 wt.% and therefore establishes a prima facie case of obviousness over the claimed range, see MPEP 2144.05, I.
Regarding claim 8, modified Merz teaches the imprint is in a circular shape that warns you when a temperature is exceeded, and thus satisfies the limitation of being in the shape of a warning symbol. (Merz, Par. 0006-0008).
Regarding claim 9, modified Merz teaches all of the elements of the claimed invention as stated above for claim 1. Modified Merz is silent regarding a printed image formed from the imprint is in at least one elongate shape from the bottle base up to the bottle neck in the shape of a bar or a line or in the form of a thermometer, with each of these having a scale, being solid, or being discontinuous.
Quintero teaches a feeding bottle comprising a thermochromic pigment in an elongated shape from a bottle base up to a bottle neck such as a thermometer that has a scale and is solid (Quintero, Abstract, Par. 0015-0016, 0081, and Fig. 1).
Modified Merz and Quintero are analogous art as they both teach feeding bottles that comprise a thermochromic pigment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the imprint of modified Merz in the shape of thermometer as taught by Quintero. This would allow a thermochromic design related to telling the temperature of the contents of the bottle (Quintero, Abstract, Par. 0015-0016, 0081, and Fig. 1).
Regarding claim 13, modified Merz teaches the luceo dye is spiropyrans, the reversible proton donor is 1,2,3-triazoles, and the phase-change material is paraffin (Lee, Par. 0089-0094).
Claims 1, 4, 6, 8-9, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Merz in view of Quintero, Owen et al., Wickersheim (US 4448547 A) (newly cited) and Brown et al.
Regarding claim 1, Merz teaches a feeding bottle comprising a refillable hollow bottle body which forms a body base and a neck and that can fit a teat (Merz, Par. 0001-0004, 0011, and Fig. 1). Merz teaches the feeding bottle comprises a dye change indicator to show when the contents of the bottle increased in temperature, wherein the dye change indicator consists of an imprint integrated in a bottle surface, the dye change indicator including a thermochroic pigment that is activated by UV radiation, and wherein the imprint is obtained by means of a screen-printing process (Merz, Par. 0001-0010, 0013, Claims 1, and 9).
Merz is silent regarding an outer thread over the bottle neck for screwing on or fitting a teat.
Quintero teaches a feeding bottle comprising a thermochromic pigment, and wherein the bottle comprises an outer thread over a bottle neck for screwing on or fitting a teat (nipple) (Quintero, Abstract, Par. 0031, and 0091-0092).
Merz and Quintero are analogous art as they both teach feeding bottles that can fit a teat and comprise a thermochromic pigment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included an outer thread over the bottle neck of Merz. This would allow for securing the teat onto the bottle (Quintero, Par. 0031 and 0091-0092).
Modified Merz is silent regarding the dye change indicator for a temperature greater than 20 degrees Celsius being obtained from a composition comprising: 10-20 wt.% oligomers selected from the group consisting of acrylates and methacrylates of polyurethane, polyester, epoxy, or polyether; 20-40 wt.% monomers selected from the group consisting of monofunctional, difunctional, trifunctional, tetrafunctional, and hexafunctional acrylates or methacrylates; 1-10 wt.% photoinitiators; and 15-25 wt.% of one or more thermochromic pigments.
Owen teaches a drink container that comprises a UV activated dye change indicator for a temperature greater than between 5 and 65°C (Owen, Abstract and Par. 0017), which overlaps the claimed amount of 20°C and therefore establishes a prima facie case of obviousness over the claimed amount, see MPEP 2144.05, I. Owen teaches the dye change indicator is formed from a composition comprising 1-40 wt.% of a thermochromic pigment and 5-30 wt.% of a polymerizable resin which can be an oligomer of polyurethane, polyester, or epoxy acrylates (Owen, Par. 0013-0017, and 0029). Owen’s pigment and oligomer ranges encompass the claimed ranges of 15-25 wt.% and 10-20 wt.% respectively and therefore establish prima facie cases of obviousness over the claimed ranges, see MPEP 2144.05, I. Owen teaches the composition may comprise a photoinitiator (Owen, Par. 0031).
Modified Merz and Owen are analogous art as they both teach drink containers comprising a UV dye change indicator comprising a thermochromic pigment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the composition of Owen as the composition of modified Merz. This would allow for a beverage container where a user can see how hot or cold the contents of the container are (Owen, Par. 0013-0017).
Modified Merz is silent regarding the thermochromic pigments including one or more thermochromic dyes selected from the group consisting of an organic thermochromic dye, a combination of a leuco dye, a reversible proton donor, and a phase-change material; a dye or a metal complex; and a combination of a plurality of dyes having different temperature behaviors.
Wickersheim teaches a thermochromic dye to mark a container such as a bottle, wherein the thermochromic dye comprises a mixture of a plurality of dyes having different temperature behaviors such as europium and gadolinium (Wickersheim, Abstract, Col. 6 Line 33 – Col. 7 Line 60, Col. 11 Lines 1-35, and Col. 23 Lines 35-61). Europium and Gadolinium satisfy the limitation of dyes having different temperature behaviors as they are given as examples by the instant claim 15.
Modified Merz and Wickersheim are analogous art as they both teach thermochromic dyes for use with bottles. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the thermochromic dye of Wickersheim as the thermochromic dye of modified Merz as it is an art recognized equivalence for the same purpose, see MPEP 2144.06. Furthermore, this would allow for a stable dye with variable temperature properties (Wickersheim, Abstract, Col. 6 Line 33 – Col. 7 Line 60, Col. 11 Lines 1-35, and Col. 23 Lines 35-61).
Modified Merz is silent regarding the content of the photoinitiator being from 1-10 wt.%, and is silent regarding the composition comprising 20-40 wt.% monomers selected from the group consisting of monofunctional, difunctional, trifunctional, tetrafunctional, and hexafunctional acrylates or methacrylates.
Brown teaches a UV activated, printable thermochromic ink composition that comprises a thermochromic pigment, a polyester or epoxy acrylate oligomer (binder) based on the total weight of the composition, from 5-80 wt.% (binder) of a monofunctional of multifunctional acrylate or methacrylate based on the weight of the oligomer, and from 1-10 wt.% of a photoinitiator based on total composition weight (Brown, Abstract, Col. 5 Line 64 – Col. 6 Line 19, Col. 7 Line 40 – Col. 8 Line 2, Col. 9 Lines 22-36, Col. 9 Line 62 – Col. 10 Line 23, and Col. 15 Lines 15-30). Brown’s photoinitiator content range is the same as the claimed range of 1-10 wt.%, and therefore satisfies the claimed range, see MPEP 2131.03.
Modified Merz and Brown are analogous art as they both teach UV activated, printable thermochromic ink compositions comprising a thermochromic pigment, a polyester or epoxy acrylate oligomer, and a photoinitiator. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the photoinitiator of modified Merz in an amount of 1-10 wt.% as taught by Brown. This would allow for suitable initiation of the polymer (Brown, Col. 9 Line 62 – Col. 10 Line 23). It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included Brown’s monomer in the composition of modified Merz. This would allow for a reduced viscosity and more cross-linking sites (Brown, Col. 5 Line 64 – Col. 6 Line 19, Col. 9 Lines 22-36). Furthermore, as the oligomer is present in an amount of 1-40 wt.% and the monomer is present in an amount of 5-80 wt.% based on weight of the oligomer as stated above, this results in a content of the monomer of 0.05-32 wt.%, which overlaps the claimed range of 20-40 wt.% and therefore establishes a prima facie case of obviousness over the claimed range, see MPEP 2144.05, I.
Regarding claim 4, modified Merz teaches the feeding bottle further comprises glass (Merz, Par. 0001-0005). Modified Merz teaches the composition is activated with UV light to obtain the imprint and is cured by means of UV light (Merz, Par. 0010; Owen, Par. 0015, 0030, and claim 22).
Regarding claim 6, modified Merz teaches the composition contains an additive such as a dispersing agent in an amount of 0-5 wt.% (Merz, Par. 0016-0017), which overlaps the claimed range of 1-5 wt.% and therefore establishes a prima facie case of obviousness over the claimed range, see MPEP 2144.05, I.
Regarding claim 8, modified Merz teaches the imprint is in a circular shape that warns you when a temperature is exceeded, and thus satisfies the limitation of being in the shape of a warning symbol. (Merz, Par. 0006-0008).
Regarding claim 9, modified Merz teaches all of the elements of the claimed invention as stated above for claim 1. Modified Merz is silent regarding a printed image formed from the imprint is in at least one elongate shape from the bottle base up to the bottle neck in the shape of a bar or a line or in the form of a thermometer, with each of these having a scale, being solid, or being discontinuous.
Quintero teaches a feeding bottle comprising a thermochromic pigment in an elongated shape from a bottle base up to a bottle neck such as a thermometer that has a scale and is solid (Quintero, Abstract, Par. 0015-0016, 0081, and Fig. 1).
Modified Merz and Quintero are analogous art as they both teach feeding bottles that comprise a thermochromic pigment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the imprint of modified Merz in the shape of thermometer as taught by Quintero. This would allow a thermochromic design related to telling the temperature of the contents of the bottle (Quintero, Abstract, Par. 0015-0016, 0081, and Fig. 1).
Regarding claim 15, modified Merz teaches the plurality of dyes having different temperature behavior include a mixture of europium and gadolinium (Wickersheim, Abstract, Col. 6 Line 33 – Col. 7 Line 60, Col. 11 Lines 1-35, and Col. 23 Lines 35-61).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Merz in view of Quintero, Owen et al., and Brown et al. as applied to claim 1 above, further in view of Reed et al. (US 20190269577 A1) (previously cited).
Regarding claims 2-3, modified Merz teaches all of the elements of the claimed invention as stated above for claim 1. Modified Merz further teaches the feeding bottle comprises plastic (Merz, Par. 0001). Modified Merz further teaches the plastic and composition are activated with UV light to obtain the imprint and are cured by means of UV light (Merz, Par. 0010; Owen, Par. 0015, 0030, and claim 22).
Modified Merz is silent regarding the plastic being a thermoplastic as required by claim 2, and the thermoplastic being selected from the group consisting of polyamide (PA), polypropylene (PP), polyester (PES), and polysulfone (PPSU) as required by claim 3.
Reed teaches a feeding bottle that is formed of a thermoplastic polypropylene (Reed, Abstract, Par. 0035-0037).
Modified Merz and Reed are analogous art as they both teach plastic feeding bottles. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used polypropylene as the material for the feeding bottle of modified Merz. This would allow for a material suitable for a feeding bottle that can be made transparent, or opaque as desired (Reed, Par. 0035-0037).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Merz in view of Quintero, Owen et al., Lee et al. and Brown et al. as applied to claim 1 above, further in view of Reed et al.
Regarding claims 2-3, modified Merz teaches all of the elements of the claimed invention as stated above for claim 1. Modified Merz further teaches the feeding bottle comprises plastic (Merz, Par. 0001). Modified Merz further teaches the plastic and composition are activated with UV light to obtain the imprint and are cured by means of UV light (Merz, Par. 0010; Owen, Par. 0015, 0030, and claim 22).
Modified Merz is silent regarding the plastic being a thermoplastic as required by claim 2, and the thermoplastic being selected from the group consisting of polyamide (PA), polypropylene (PP), polyester (PES), and polysulfone (PPSU) as required by claim 3.
Reed teaches a feeding bottle that is formed of a thermoplastic polypropylene (Reed, Abstract, Par. 0035-0037).
Modified Merz and Reed are analogous art as they both teach plastic feeding bottles. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used polypropylene as the material for the feeding bottle of modified Merz. This would allow for a material suitable for a feeding bottle that can be made transparent, or opaque as desired (Reed, Par. 0035-0037).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Merz in view of Quintero, Owen et al., Wickersheim, and Brown et al. as applied to claim 1 above, further in view of Reed et al.
Regarding claims 2-3, modified Merz teaches all of the elements of the claimed invention as stated above for claim 1. Modified Merz further teaches the feeding bottle comprises plastic (Merz, Par. 0001). Modified Merz further teaches the plastic and composition are activated with UV light to obtain the imprint and are cured by means of UV light (Merz, Par. 0010; Owen, Par. 0015, 0030, and claim 22).
Modified Merz is silent regarding the plastic being a thermoplastic as required by claim 2, and the thermoplastic being selected from the group consisting of polyamide (PA), polypropylene (PP), polyester (PES), and polysulfone (PPSU) as required by claim 3.
Reed teaches a feeding bottle that is formed of a thermoplastic polypropylene (Reed, Abstract, Par. 0035-0037).
Modified Merz and Reed are analogous art as they both teach plastic feeding bottles. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used polypropylene as the material for the feeding bottle of modified Merz. This would allow for a material suitable for a feeding bottle that can be made transparent, or opaque as desired (Reed, Par. 0035-0037).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Merz in view of Quintero, Owen et al., and Brown et al. as applied to claim 1 above, further in view of Kitagawa et al. (JP H10152638 A1; herein English machine translation used for all citations) (previously cited).
Regarding claim 7, modified Merz teaches all of the elements of the claimed invention as stated above for claim 1. Modified Merz is silent regarding the photoinitiator being selected from the group consisting of phosphine oxide derivatives, thioxanthones, and acetophenone derivatives.
Kitagawa teaches a UV curable, thermochromic ink composition for use in beverage containers, wherein the ink composition comprises a photoinitiator that is an acetophenone derivative (Kitagawa, Par. 0001-0002, 0011, 0016-0017, 0037, and 0042).
Modified Merz and Kitagawa are analogous art as they both teach UV curable, thermochromic ink compositions comprising for use in beverage containers, wherein the ink composition comprises a photoinitiator. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the photoinitiator of Kitagawa as the photoinitiator of modified Merz. This would allow for a UV curable ink composition that can be fully cured (Kitagawa, Par. 0016-0017).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Merz in view of Quintero, Owen et al., Lee et al., and Brown et al. as applied to claim 1 above, further in view of Kitagawa et al.
Regarding claim 7, modified Merz teaches all of the elements of the claimed invention as stated above for claim 1. Modified Merz is silent regarding the photoinitiator being selected from the group consisting of phosphine oxide derivatives, thioxanthones, and acetophenone derivatives.
Kitagawa teaches a UV curable, thermochromic ink composition for use in beverage containers, wherein the ink composition comprises a photoinitiator that is an acetophenone derivative (Kitagawa, Par. 0001-0002, 0011, 0016-0017, 0037, and 0042).
Modified Merz and Kitagawa are analogous art as they both teach UV curable, thermochromic ink compositions comprising for use in beverage containers, wherein the ink composition comprises a photoinitiator. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the photoinitiator of Kitagawa as the photoinitiator of modified Merz. This would allow for a UV curable ink composition that can be fully cured (Kitagawa, Par. 0016-0017).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Merz in view of Quintero, Owen et al., Wickersheim, and Brown et al. as applied to claim 1 above, further in view of Kitagawa et al.
Regarding claim 7, modified Merz teaches all of the elements of the claimed invention as stated above for claim 1. Modified Merz is silent regarding the photoinitiator being selected from the group consisting of phosphine oxide derivatives, thioxanthones, and acetophenone derivatives.
Kitagawa teaches a UV curable, thermochromic ink composition for use in beverage containers, wherein the ink composition comprises a photoinitiator that is an acetophenone derivative (Kitagawa, Par. 0001-0002, 0011, 0016-0017, 0037, and 0042).
Modified Merz and Kitagawa are analogous art as they both teach UV curable, thermochromic ink compositions comprising for use in beverage containers, wherein the ink composition comprises a photoinitiator. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the photoinitiator of Kitagawa as the photoinitiator of modified Merz. This would allow for a UV curable ink composition that can be fully cured (Kitagawa, Par. 0016-0017).
Allowable Subject Matter
Claim 12 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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record does not teach or render obvious each and every limitation of the instant claim 12.
The closest prior art of record is considered to be modified Merz as described above.
The differences between modified Merz and the instant claim 12 are described below.
Modified Merz is silent regarding the thermochromic dye including an organic thermochromic dye that is 9,9’-bixanthylidene or 10,’10-bian-thronylidene.
Modified Merz thus does not teach or render obvious each and every limitation of the instant claim 12.
Response to Arguments
Applicant’s remarks and amendments filed 18 November 2025 have been fully considered.
Applicant argues that the prior art of record does not teach the thermochromic pigments as required by the instant claim 1. This is not found persuasive for the following reasons:
To note, additional grounds of rejection have been made above in view of newly cited Lee and Wickersheim.
Furthermore, the instant claim 1 claims a list of possible thermochromic pigments, including a “dye or metal complex.” Meanwhile, modified Merz teaches that the thermochromic pigments include a dye (Owen, Par. 0013-0014). Applicant merely states a conclusory statement that modified Merz does not teach the claimed pigment but does not describe how the dye of modified Merz does not satisfy the claim limitation of the thermochromic pigment being a dye. Therefore, modified Merz renders obvious the claimed thermochromic pigment and Applicant’s argument is unpersuasive.
Conclusion
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/THOMAS J KESSLER/Examiner, Art Unit 1782