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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 26th, 2026 has been entered.
Response to Amendment
The amendment filed May 26th, 2026 has been entered. Claims 1-2, 5-8, 10, 13-14, 38, 40-43, and 49-52 remain pending in the application. Claim 47 has been cancelled by the applicant.
Response to Arguments
Applicant’s amendment to claim 56 are sufficient to overcome the rejection under 35 USC § 112(b) previously set forth in the Final Office Action mailed November 25th, 2026.
Applicant argues that Meincke (US 20160289508 A1) in view of Hubbard (US 6055786 A) fails to disclose temperature indicator of amended claims 1 and 56, stating on page 3 of the remarks filed May 26th, 2026 that “[…] Hubbard does not disclose a temperature indicator which is analogous to that of Meincke […]” and “[…] Hubbard does not disclose "wherein a reversible color-changing system is incorporated into an ink" […].”
As cited in the previous Office Action and restated below, Meincke teaches, in figures 1-2c and at least paragraphs 8-10, 32-36, 60, and paragraph 74, the temperature indicator comprising an encapsulated reversible color-changing system according to each and every limitation of amended claims 1 and 56 (layer of adhesive 1 with embedded encapsulated color system 2 for visually determining the quality of a bond between thermoplastic materials) apart from “wherein said encapsulated reversible color-changing system is incorporated into an ink.”
As is also cited in the previous office action and again below, Hubbard teaches, in figures 1-3 and at least column 2 and columns 5-6, an analogous roofing membrane heat seal indicator system wherein a color changing system is incorporated into an ink (fig.’s 1-3 and col. 5 line 50 – col. 6 line 3: roofing membrane heat seal indicator system. See also col. 2 lines 8-25).
Meincke is cited for their teaching of the indicator comprising a reversible color changing system as claimed, and Hubbard is combined only for their teaching of a color changing system being incorporated into an ink.
In response to applicant's argument that Hubbard is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In the present instance one of ordinary skill in the art would understand that Hubbard’s roofing membrane heat seal indicator system is an art analogous to Meincke’s layer of adhesive with embedded encapsulated color system for visually determining the quality of a bond between thermoplastic materials. Both inventions are explicitly color-changing temperature indicators incorporated as bonding materials with applications in roofing and roofing-related materials that are analogous to the color-changing roofing membrane bond indicator of the present invention (See Meincke par.’s 8-10 and par.’s 32-36 and Hubbard fig.’s 1-3 and col. 5 line 50 – col. 6 line 3).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, there is sufficient motivation to incorporate Meincke’s encapsulated reversible color-changing system as an ink, as Hubbard teaches that doing so is a known practice in the art to improve a color-changing system’s ability to exhibit dramatic color changes and a thermochromic material’s ability to be applied in a manner suitable for roofing membrane welding (Hubbard col. 5 lines 8-17).
Accordingly, amended claims 1 and 56 are rejected.
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 1-2, 5-8, 10, 38, 41, and 49-56 are rejected under 35 U.S.C. 103 as being unpatentable over Meincke (US 20160289508 A1), and further in view of Hubbard (US 6055786 A).
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.).
Meincke does not explicitly disclose wherein said encapsulated 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 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 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 2: Meincke in view of Hubbard discloses the temperature indicator of claim 1, and Meincke further discloses 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 in view of Hubbard discloses the temperature indicator of claim 1, and Meincke further discloses 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 in view of Hubbard discloses the temperature indicator of claim 5, and Meincke further discloses 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 in view of Hubbard discloses the temperature indicator of claim 6, and Meincke further discloses 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 in view of Hubbard discloses the temperature indicator of claim 6, and Meincke further discloses 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 in view of Hubbard discloses the temperature indicator of claim 8, and Meincke further discloses 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 in view of Hubbard discloses the temperature indicator of claim 1, and Meincke further discloses 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 in view of Hubbard discloses the temperature indicator of claim 38, and Meincke further discloses 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 49: Meincke in view of Hubbard disclose the temperature indicator of claim 1, 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 1.
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 in view of Hubbard discloses the temperature indicator of claim 6, and Hubbard further discloses wherein a color-changing system incorporated into a strip coupled a roofing membrane (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.
Regarding Claim 54: Meincke in view of Hubbard discloses the temperature indicator of claim 1, and Meincke further discloses 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 in view of Hubbard discloses the temperature indicator of claim 1, and Meincke further discloses 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 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).
Meincke does not explicitly disclose wherein said encapsulated 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 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 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).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Meincke and Hubbard as applied to claim 10 above, further in view of Branda (US 10556912 B2).
Regarding Claim 13: Meincke in view of Hubbard discloses the temperature indicator of claim 10, and Meincke further discloses wherein said solvent comprises an ester, but neither Meincke nor Hubbard explicitly discloses 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 and Hubbard’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 in view of Hubbard discloses the temperature indicator of claim 10, and Meincke further discloses wherein said herein said solvent comprises an ester neither Meincke nor Hubbard explicitly discloses 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 disclosed by Meincke and Hubbard 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 filed 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 and Hubbard, 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 and Hubbard as applied to claim 38 above, further in view of Yu (US 10125272 B2).
Regarding Claim 40: Meincke in view of Hubbard discloses the temperature indicator of claim 38, but does neither Meincke nor Hubbard explicitly discloses 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 and Hubbard’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 in view of Hubbard discloses the temperature indicator of claim 41, but neither Meincke nor Hubbard explicitly discloses 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 and Hubbard, 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 in view of Hubbard discloses the temperature indicator of claim 41, but neither Meincke nor Hubbard explicitly discloses 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 and Hubbard, 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).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN MANCINI whose telephone number is (703)756-5796. The examiner can normally be reached Mon-Fri 8AM-5PM.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 6/1/26
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.
Prosecution Insights