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 .
Response to Amendment
The amendment filed September 24th, 2025 has been entered. Claims 1,2,5-8, 10, 13-14, 38, 40-43, 47, and 49-52 remain pending in the application. Claims 53-56 have been added by the applicant. Applicant’s amendments to the claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed March 26th, 2025.
Response to Arguments
Applicant’s arguments with respect to the rejection of claim 1 under 35 USC § 102(a)(1) and claims 47 and 52 under 35 USC § 103 have been considered but are moot because the limitations of the claims have amended to add new issues. New grounds of rejection have been issued to the amended independent claims, as well as the claims dependent upon the amended claims.
Claim Rejections - 35 USC § 112(b)
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.
Claim 56 is 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.
The term “about” as used to describe the mean diameter of the capsule is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “about” as applied in claim 56 fails to limit definitive ranges surrounding the set upper and lower bounds the temperature range as claimed. For example, claim “at least about 50 Celsius degrees” could reasonably be interpreted to include 50.1° C, 55° C, 60° C etc.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 5-8, 10, 38, 41, and 54-56 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meincke (US 20160289508 A1).
Regarding Claim 1: Meincke discloses (in at least figures 1-2c, the description, and the claims) a temperature indicator for visually determining whether a roofing membrane has been sufficiently heated to a preselected temperature threshold to seal a roofing membrane seam (fig.’s 1-2c, par.’s 8-10, par. 32, and par. 74, and : layer of adhesive 1 with embedded encapsulated color system 2 for visually determining the quality of a bond between thermoplastic materials)1, comprising:
a contained reversible color-changing system (fig.’s 2a-2c and par. 74: encapsulated color system 2. See also par.’s 32-36 and par. 60: system exhibits reversible color changes upon increase of ambient temperature above a set threshold) comprising:
a dye; a developer; and a solvent; (par. 74: color system 2 contains “at least one color former, at least one developer, and a suitable matrix.” See also par. 40: list of color formers including multiple dye compounds, par 43: list of developer compounds, and par. 51: list of matrix/solvent compounds. See also claim 17: adhesive composition can be a solvent-based composition)
wherein said developer variably interacts with said dye according to the temperature of said color-changing system (par. 32: the color former system “exhibits a temperature dependent, reversible change in color, but with this change in color having a memory effect. The change in color, while being reversible, has a hysteresis which covers a maximally wide temperature range.” See also par. 33.);
wherein upon exposure to said temperature threshold, said dye and said developer dissociate, resulting in a visible color change (fig. 1 and par.’s 32-36: the “system can be provided with a reversible color change which covers, for example, a hysteresis in the range from −14° C. to 74° C. and which at low temperatures exhibits a blue color but at high temperatures is substantially colorless. If this system is provided at RT in the blue state, this blue color disappears only at a temperature of 74° C., but retains this color even at arbitrarily low temperatures. If the blue color has disappeared, therefore, this means that the adhesive composition was exposed to a temperature of 74° C. or more.”); and
wherein said color-changing system comprises a color-memory property which facilitates retention of said visible color change upon a decrease in temperature from said temperature threshold (par. 32: the color former system “exhibits a temperature dependent, reversible change in color, but with this change in color having a memory effect. The change in color, while being reversible, has a hysteresis which covers a maximally wide temperature range.” See also par. 5 and par. 33.).
Regarding Claim 2: Meincke discloses the temperature indicator of claim 1, further disclosing wherein said color-changing system records said exposure to said temperature threshold (fig. 1 and par.’s 32-36: the “system can be provided with a reversible color change which covers, for example, a hysteresis in the range from −14° C. to 74° C. and which at low temperatures exhibits a blue color but at high temperatures is substantially colorless. If this system is provided at RT in the blue state, this blue color disappears only at a temperature of 74° C., but retains this color even at arbitrarily low temperatures. If the blue color has disappeared, therefore, this means that the adhesive composition was exposed to a temperature of 74° C. or more.”).
Regarding Claim 5: Meincke discloses the temperature indicator of claim 1, further disclosing wherein upon exposure to a preselected activation temperature, said dye and said developer interact to form a visibly-colored dye- developer complex (fig. 1 and par.’s 32-36: the “system can be provided with a reversible color change which covers, for example, a hysteresis in the range from −14° C. to 74° C. and which at low temperatures exhibits a blue color but at high temperatures is substantially colorless. If this system is provided at RT in the blue state, this blue color disappears only at a temperature of 74° C., but retains this color even at arbitrarily low temperatures. If the blue color has disappeared, therefore, this means that the adhesive composition was exposed to a temperature of 74° C. or more.” That is, the components encapsulated color system interact to form a visible blue color at room temperature. If system has exceeded the high temperature threshold, the blue coloration disappears and system changes to colorless. The blue color can be re-established if the system experiences a temperature below a second low temperature threshold.).
Regarding Claim 6: Meincke discloses the temperature indicator of claim 5, further disclosing wherein said visible color change comprises a change from a visibly-colored state to a substantially colorless state (fig. 1 and par.’s 32-36: the “system can be provided with a reversible color change which covers, for example, a hysteresis in the range from −14° C. to 74° C. and which at low temperatures exhibits a blue color but at high temperatures is substantially colorless. If this system is provided at RT in the blue state, this blue color disappears only at a temperature of 74° C., but retains this color even at arbitrarily low temperatures. If the blue color has disappeared, therefore, this means that the adhesive composition was exposed to a temperature of 74° C. or more.” That is, the components encapsulated color system interact to form a colorless state once it has exceeded the high temperature threshold. The system will remain colorless after cooling below the high temperature threshold, and until a low temperature threshold is reached.)
Regarding Claim 7: Meincke discloses the temperature indicator of claim 6, wherein said colorless state renders said temperature indicator effectively invisible on said roofing membrane (fig. 1 and par.’s 32-36: the “system can be provided with a reversible color change which covers, for example, a hysteresis in the range from −14° C. to 74° C. and which at low temperatures exhibits a blue color but at high temperatures is substantially colorless. If this system is provided at RT in the blue state, this blue color disappears only at a temperature of 74° C., but retains this color even at arbitrarily low temperatures. If the blue color has disappeared, therefore, this means that the adhesive composition was exposed to a temperature of 74° C. or more.” That is, the components encapsulated color system interact to form a colorless state once it has exceeded the high temperature threshold. The system will remain colorless after cooling below the high temperature threshold, and until a low temperature threshold is reached. See also par. 2: adhesive used to bond thermoplastics).
Regarding Claim 8: Meincke discloses the temperature indicator of claim 6, wherein said dye comprises a leuco dye (claim 27, claim 32, and par. 40: list of color formers including multiple dye compounds including leuco dyes).
Regarding Claim 10: Meincke discloses the temperature indicator of claim 8, wherein said solvent comprises one or more of a hydrocarbon, a ketone, an ester, or an alcohol (par. 51: list of matrix/solvent compounds including “ alcohols, especially stearyl alcohol; ethers; ketones; carboxylic acids; acid amides.” See also par. 19: certain applications of the system include hydrocarbon based resins).
Regarding Claim 38: Meincke discloses the temperature indicator of claim 1, further disclosing wherein said dye, said developer, and said solvent are encapsulated within a capsule to provide an encapsulated reversible color-changing system (par. 74: “The adhesive composition comprises the capsules containing the color pigments, and may be applied to a material, more particularly a bond site”).
Regarding Claim 41: Meincke discloses the temperature indicator of claim 38, further disclosing wherein said capsule comprises a capsule wall (par. 74: “The adhesive composition comprises the capsules containing the color pigments, and may be applied to a material, more particularly a bond site.” The capsule as disclosed by Meincke has a capsule wall, as is standard in the art.).
Regarding Claim 54: Meincke discloses the temperature indicator of claim 1, wherein said color-memory property facilitates retention of a colorless state upon a decrease in temperature from a decoloration temperature to a temperature below said decoloration temperature (fig. 1 and par.’s 32-36: the “system can be provided with a reversible color change which covers, for example, a hysteresis in the range from −14° C. to 74° C. and which at low temperatures exhibits a blue color but at high temperatures is substantially colorless. If this system is provided at RT in the blue state, this blue color disappears only at a temperature of 74° C., but retains this color even at arbitrarily low temperatures. If the blue color has disappeared, therefore, this means that the adhesive composition was exposed to a temperature of 74° C. or more.” See also par. 32: the color former system “exhibits a temperature dependent, reversible change in color, but with this change in color having a memory effect. The change in color, while being reversible, has a hysteresis which covers a maximally wide temperature range.” See also par. 33.)
Regarding Claim 55: Meincke discloses the temperature indicator of claim 1, wherein said color-memory property facilitates retention of a visibly-colored state upon an increase in temperature from a coloration temperature to a temperature above said coloration temperature (fig. 1 and par.’s 32-36: the “system can be provided with a reversible color change which covers, for example, a hysteresis in the range from −14° C. to 74° C. and which at low temperatures exhibits a blue color but at high temperatures is substantially colorless. If this system is provided at RT in the blue state, this blue color disappears only at a temperature of 74° C., but retains this color even at arbitrarily low temperatures. If the blue color has disappeared, therefore, this means that the adhesive composition was exposed to a temperature of 74° C. or more.” See also par. 32: the color former system “exhibits a temperature dependent, reversible change in color, but with this change in color having a memory effect. The change in color, while being reversible, has a hysteresis which covers a maximally wide temperature range.” See also par. 33.).
Regarding Claim 56: Meincke discloses (in at least figures 1-2c, the description, and the claims) a temperature indicator for visually determining whether a roofing membrane has been sufficiently heated to a preselected temperature threshold to seal a roofing membrane seam (fig.’s 1-2c, par.’s 8-10, par. 32, and par. 74, and : layer of adhesive 1 with embedded encapsulated color system 2 for visually determining the quality of a bond between thermoplastic materials)2, comprising:
a contained reversible color-changing system comprising (fig.’s 2a-2c and par. 74: encapsulated color system 2. See also par.’s 32-36 and par. 60: system exhibits reversible color changes upon increase of ambient temperature above a set threshold):
a dye; a developer; and a solvent (par. 74: color system 2 contains “at least one color former, at least one developer, and a suitable matrix.” See also par. 40: list of color formers including multiple dye compounds, par 43: list of developer compounds, and par. 51: list of matrix/solvent compounds. See also claim 17: adhesive composition can be a solvent-based composition);
wherein said developer variably interacts with said dye according to the temperature of said color-changing system (par. 32: the color former system “exhibits a temperature dependent, reversible change in color, but with this change in color having a memory effect. The change in color, while being reversible, has a hysteresis which covers a maximally wide temperature range.” See also par. 33.); and
wherein upon exposure to said temperature threshold, said dye and said developer dissociate, resulting in a visible color change (fig. 1 and par.’s 32-36: the “system can be provided with a reversible color change which covers, for example, a hysteresis in the range from −14° C. to 74° C. and which at low temperatures exhibits a blue color but at high temperatures is substantially colorless. If this system is provided at RT in the blue state, this blue color disappears only at a temperature of 74° C., but retains this color even at arbitrarily low temperatures. If the blue color has disappeared, therefore, this means that the adhesive composition was exposed to a temperature of 74° C. or more.”);
a coloration temperature at which said color-changing system changes from a colorless state to a visibly-colored state (fig. 1 and par.’s 32-36: the “system can be provided with a reversible color change which covers, for example, a hysteresis in the range from −14° C. to 74° C. and which at low temperatures exhibits a blue color but at high temperatures is substantially colorless. If this system is provided at RT in the blue state, this blue color disappears only at a temperature of 74° C., but retains this color even at arbitrarily low temperatures. If the blue color has disappeared, therefore, this means that the adhesive composition was exposed to a temperature of 74° C. or more.” That is, the components encapsulated color system interact to form a visible blue color at room temperature. If system has exceeded the high temperature threshold, the blue coloration disappears and system changes to colorless. The blue color can be re-established if the system experiences a temperature below a second low temperature threshold.); and a decoloration temperature at which said color-changing system changes from said visibly-colored state to said colorless state (fig. 1 and par.’s 32-36: the “system can be provided with a reversible color change which covers, for example, a hysteresis in the range from −14° C. to 74° C. and which at low temperatures exhibits a blue color but at high temperatures is substantially colorless. If this system is provided at RT in the blue state, this blue color disappears only at a temperature of 74° C., but retains this color even at arbitrarily low temperatures. If the blue color has disappeared, therefore, this means that the adhesive composition was exposed to a temperature of 74° C. or more.” That is, the components encapsulated color system interact to form a colorless state once it has exceeded the high temperature threshold. The system will remain colorless after cooling below the high temperature threshold, and until a low temperature threshold is reached.);
wherein said coloration temperature is at least about 50 Celsius degrees lesser than said decoloration temperature (par.’s 32-36: high temperature threshold of 74° C and low temperature threshold of −14° C).
Claim Rejections - 35 USC § 103
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 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Meincke as applied to claim 10 above, further in view of Branda (US 10556912 B2).
Regarding Claim 13: Meincke discloses the temperature indicator of claim 10 wherein said solvent comprises an ester, but does not explicitly disclose wherein the ester comprises (1,4-phenylenebis(oxy))bis(ethane-2,1-diyl) dipentanoate.
Branda discloses (in at least the description and the claims ) an analogous art (abstract and par. 3: chromic compounds for uses in thermal memory devices) wherein the ester comprises (1,4-phenylenebis(oxy))bis(ethane-2,1-diyl) dipentanoate (par. 451: example 71).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the compound, as taught by Branda, to be included as the ester of Meincke’s temperature indicator thereby serving as a sensitive yet stable compound able to exhibit a wide range of color (par. 3).
Regarding Claim 14: Meincke discloses the temperature indicator of claim 10, wherein said herein said solvent comprises an ester but does not explicitly disclose wherein the ester comprises (1,4-phenylenebis(oxy))bis(ethane-2,1 -diyl) dibutyrate.
Branda discloses (in at least the description and the claims ) an analogous art (abstract and par. 3: chromic compounds for uses in thermal memory devices) wherein the ester comprises (1,4-phenylenebis(oxy))bis(ethane-2,1-diyl) dipentanoate (par. 451: example 71).
The embodiment of the ester comprising (1,4-phenylenebis(oxy))bis(ethane-2,1 -diyl) dibutyrate is an obvious variant of the embodiment wherein the ester comprises phenylenebis(oxy))bis(ethane-2,1-diyl) dipentanoate as discloses by Meincke in view of Branda.
Furthermore, applicant does not show the criticality of the ester being phenylenebis(oxy))bis(ethane-2,1-diyl) dibutyrate. On page 22 lines 1-3 of the specification files 8/5/2022 applicant disclose that “As can be easily understood from the foregoing, the basic concepts of the present invention may be embodied in a variety of ways. The invention involves numerous and varied embodiments of a thermochromic indicator and methods for making and using such a thermochromic indicator.”
Therefore, it would have been obvious it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for phenylenebis(oxy))bis(ethane-2,1-diyl) dibutyrate, to be included as the ester of the temperature indicator disclosed by Meincke, as is taught by Branda, because compounds such as these serve as a sensitive yet stable compound able to exhibit a wide range of color (par. 3).
Claims 40 and 42-43 are rejected under 35 U.S.C. 103 as being unpatentable over Meincke as applied to claim 38 above, further in view of Yu (US 10125272 B2).
Regarding Claim 40: Meincke discloses the temperature indicator of claim 38, but does not explicitly disclose wherein said capsule has a mean diameter of between about 1 micron to about 3 microns.
Yu discloses an analogous art (fig’s 12-13 and par. 31: thermochromic materials integrated into films and coatings. See also par. 45: these films and coatings can be used in conjunction with roof construction) wherein a dye, developer, and solvent are encapsulated within a capsule to provide an encapsulated reversible color-changing system (fig. 13 and par. 35: core solution encapsulated within microcapsules) and wherein said capsule has a mean diameter of between about 1 micron to about 3 microns (fig. 13 and par. 35: core solution encapsulated within microcapsules. NOTE: It is inherent that the capsules disclosed by Yu would be between about 1-3 microns, as this is the standard size of microcapsules as would be understood by a person having ordinary skill in the art. See also par. 38: the ceramic particles used as light scattering components within the core solution are on the order of a few microns).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Meincke’s capsules to be microcapsules, as taught by Yu, to form a color-changing compound that accurately indicates a temperature change with highly visible color changes and maintains its structural integrity even at high temperatures (Yu par.’s 31-35. See also par.’s 12-18)
Regarding Claim 42: Meincke discloses the temperature indicator of claim 41, but does not explicitly disclose wherein said capsule wall need not rupture for said visible color change to occur.
Yu discloses an analogous art (fig’s 12-13 and par. 31: thermochromic materials integrated into films and coatings. See also par. 45: these films and coatings can be used in conjunction with roof construction) wherein a dye, developer, and solvent are encapsulated within a capsule to provide an encapsulated reversible color-changing system (fig. 13 and par. 35: core solution encapsulated within microcapsules) further disclosing wherein said capsule wall need not rupture for said visible color change to occur (par. 31: “the thermochromic materials are encapsulated by trioctanoin or other encapsulating materials that maintain the structural integrity of the encapsulate and therefore at high temperatures the material becomes white or light-colored.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Yu’s capsules to be integrated into the composition of Meincke, to form a color-changing compound that accurately indicates a temperature change with highly visible color changes and maintains its structural integrity even at high temperatures (Yu par.’s 31-35. See also par.’s 12-18).
Regarding Claim 43: Meincke discloses the temperature indicator of claim 41, but does not explicitly disclose wherein it is required that said capsule wall does not rupture for said visible color change to occur.
Yu discloses an analogous art (fig’s 12-13 and par. 31: thermochromic materials integrated into films and coatings. See also par. 45: these films and coatings can be used in conjunction with roof construction) wherein a dye, developer, and solvent are encapsulated within a capsule to provide an encapsulated reversible color-changing system (fig. 13 and par. 35: core solution encapsulated within microcapsules) further disclosing wherein it is required that said capsule wall does not rupture for said visible color change to occur (par. 31: “the thermochromic materials are encapsulated by trioctanoin or other encapsulating materials that maintain the structural integrity of the encapsulate and therefore at high temperatures the material becomes white or light-colored.” ).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Yu’s capsules to be integrated into the composition of Meincke, to form a color-changing compound that accurately indicates a temperature change with highly visible color changes and maintains its structural integrity even at high temperatures (Yu par.’s 31-35. See also par.’s 12-18).
Claims 47, and 49-53 are rejected under 35 U.S.C. 103 as being unpatentable over Meincke further in view of Hubbard (US 6055786 A).
Regarding Claim 47: Meincke discloses the temperature indicator of claim 38, but does not disclose wherein said encapsulated reversible color-changing system is incorporated into an ink.
Hubbard discloses (in at least figures 1-3, the description, and the claims) an analogous temperature indicator for visually determining whether a roofing membrane has been sufficiently heated to a preselected temperature threshold to seal a roofing membrane seam (fig.’s 1-3 and col. 5 line 50 – col. 6 line 3: roofing membrane heat seal indicator system) wherein a reversible color-changing system is incorporated into an ink (col. 2 lines 8-25).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Meincke’s encapsulated reversible color-changing system to be incorporated into an ink, as taught by Hubbard, thereby improving the system’s ability to exhibit dramatic color changes and the thermochromic material’s ability to be applied in a manner suitable for roofing membrane welding (col. 5 lines 8-17).
Regarding Claim 49: Meincke in view of Hubbard disclose the temperature indicator of claim 47, and Hubbard discloses wherein said ink formulated for application to said roofing membrane via printing (col. 4 lines 43-56).
The rationale to combine is the same as for claim 47.
Regarding Claim 50: Meincke discloses temperature indicator of claim 6, wherein said color-changing system is coupled to said roofing membrane (fig. 12 par. 45: these films and coatings can be used in conjunction with roof construction).
Meincke does not explicitly disclose the indicator further comprising said roofing membrane;
Hubbard discloses (in at least figures 1-3, the description, and the claims) an analogous temperature indicator for visually determining whether a roofing membrane has been sufficiently heated to a preselected temperature threshold to seal a roofing membrane seam (fig.’s 1-3 and col. 5 line 50 – col. 6 line 3: roofing membrane heat seal indicator system) wherein the indicator further comprises a roofing membrane (fig. 2: indicator strip 40 integrated with roofing membrane 16).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Meincke’s temperature indicator system to further the roofing membrane as shown by Hubbard, thereby fully establishing the indicator as an integrated component within a layered, durable, low-cost, and easy-to-assemble thermoplastic roofing membrane system (col. 1 lines 13-35 and col. 3 lines 35-64).
Regarding Claim 51: Meincke in view of Hubbard discloses the temperature indicator of claim 50, and Hubbard further discloses wherein said roofing membrane comprises one or more thermoplastic and/or thermosetting materials (col. 3 lines 51-64).
The rationale to combine is the same as for claim 50.
Regarding Claim 52: Meincke discloses (in at least figures 1-2c, the description, and the claims) a temperature indicator for visually determining whether a roofing membrane has been sufficiently heated to a preselected temperature threshold to seal a roofing membrane seam (fig.’s 1-2c, par.’s 8-10, par. 32, and par. 74, and : layer of adhesive 1 with embedded encapsulated color system 2 for visually determining the quality of a bond between thermoplastic materials)3, comprising:
a contained reversible color-changing system (fig.’s 2a-2c and par. 74: encapsulated color system 2. See also par.’s 32-36 and par. 60: system exhibits reversible color changes upon increase of ambient temperature above a set threshold) comprising:
a dye; a developer; and a solvent; (par. 74: color system 2 contains “at least one color former, at least one developer, and a suitable matrix.” See also par. 40: list of color formers including multiple dye compounds, par 43: list of developer compounds, and par. 51: list of matrix/solvent compounds. See also claim 17: adhesive composition can be a solvent-based composition)
wherein said developer variably interacts with said dye according to the temperature of said color-changing system (par. 32: the color former system “exhibits a temperature dependent, reversible change in color, but with this change in color having a memory effect. The change in color, while being reversible, has a hysteresis which covers a maximally wide temperature range.” See also par. 33.);
wherein upon exposure to said temperature threshold, said dye and said developer dissociate, resulting in a visible color change (fig. 1 and par.’s 32-36: the “system can be provided with a reversible color change which covers, for example, a hysteresis in the range from −14° C. to 74° C. and which at low temperatures exhibits a blue color but at high temperatures is substantially colorless. If this system is provided at RT in the blue state, this blue color disappears only at a temperature of 74° C., but retains this color even at arbitrarily low temperatures. If the blue color has disappeared, therefore, this means that the adhesive composition was exposed to a temperature of 74° C. or more.”).
Meincke does not explicitly disclose wherein said color-changing system incorporated into a strip coupled to said roofing membrane.
Hubbard discloses (in at least figures 1-3, the description, and the claims) an analogous temperature indicator for visually determining whether a roofing membrane has been sufficiently heated to a preselected temperature threshold to seal a roofing membrane seam (fig.’s 1-3 and col. 5 line 50 – col. 6 line 3: roofing membrane heat seal indicator system) wherein the indicator further comprises a roofing membrane (fig. 2: indicator strip 40 integrated with roofing membrane 16) and wherein said color-changing system incorporated into a strip coupled to said roofing membrane proximate a longitudinal edge (fig.’s 1-3: indicator strip 40 incorporated as longitudinal strip).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Meincke’s temperature indicator system to further the roofing membrane as shown by Hubbard, thereby fully establishing the indicator as an integrated component within a layered, durable, low-cost, and easy-to-assemble thermoplastic roofing membrane system (col. 1 lines 13-35 and col. 3 lines 35-64).
Regarding Claim 53: Meincke in view of Hubbard discloses temperature indicator of claim 52, and Hubbard discloses wherein said strip is coupled to said roofing membrane proximate a longitudinal edge (fig.’s 1-3: indicator strip 40 incorporated as longitudinal strip).
The rationale to combine is the same as for claim 52.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Ribi (US 8402832 B2) discloses the temperature indicator of claims 1-2, 3,8 10, 38, and 41 in their entirety.
Kwan (WO 2013101588 A1) discloses the temperature of claim 1, apart from the color change being reversible, wherein said color-changing system records said exposure to said temperature threshold, wherein upon exposure to a preselected activation temperature, said dye and said developer interact to form a visibly-colored dye- developer complex, The temperature indicator of claim 6, wherein said dye comprises a leuco dye, wherein said solvent comprises one or more of a hydrocarbon, a ketone, an ester, or an alcohol, and wherein said dye, said developer, and said solvent are encapsulated within a capsule to provide an encapsulated reversible color-changing system.
Sabotta (US 20170016539 A1) discloses certain aspects of claims 1-2, 52, and 56.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 11/24/25
1 Note that the adhesive 1 and encapsulated color system 2 as disclosed by Meincke are included in each of the configurations shown in figures 2a-2c.
2 Note that the adhesive 1 and encapsulated color system 2 as disclosed by Meincke are included in each of the configurations shown in figures 2a-2c.
3 Note that the adhesive 1 and encapsulated color system 2 as disclosed by Meincke are included in each of the configurations shown in figures 2a-2c.