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 Arguments
Applicant's arguments, filed 03 February 2026, with regards to the double patenting rejection have been fully considered but they are not persuasive. A terminal disclaimer has been received in copending application 18/581,699. No terminal disclaimer has been received in this case. A terminal disclaimer must be filed in the instant application before the provisional rejections may be removed.
Applicant's arguments, filed 03 February 2026, with regards to the rejection under 102(a)(1) in view of Terada et al have been fully considered but they are not persuasive. Applicant’s arguments hinge on the claim that the presence of water causes a color change. This is explicitly taught by Terada et al, as read on ([0010], “Furthermore, when the humidity indicator paint of the present invention is applied to a carrier and dried, the coating film is colorless, but develops a predetermined color by absorbing moisture under high humidity conditions.”; emphasis added by examiner). Developing a color by absorbing moisture reads on changing to a color-developed state upon exposure to water. This is supported by [0006] and [0009], which describe the invention’s development with the specific goal of creating a coating which becomes colored when exposed to water.
Applicant's arguments, filed 03 February 2026, with regards to the rejection under 102(a)(1) in view of Terada et al as evidenced by Robinson et al have been fully considered but they are not persuasive. Applicant’s arguments hinge on amended claim 1 not being anticipated by Terada et al. Accordingly, the rejections have been maintained.
Applicant’s arguments, filed 03 February 2026, with regards to the rejection under 102(a)(1) in view of Otomo et al have been fully considered but they are not persuasive. Otomo et al teaches that the compounds involve may include a loss of color, but the teachings of Otomo et al are not limited to such embodiments. Moreover, Otomo et al specifically teaches the use of compounds that develop color, as read on the taught ([0014], “Specifically, leuco dyes are preferably used, and examples of such compounds that develop color or change color in an acidic environment include pH indicators, triarylmethane derivatives, and fluoran derivatives.”; emphasis added by examiner.).
Applicant’s arguments that the deliquescent substance of Otomo et al does not correspond to a color development regulator are not convincing. The deliquescent substance of Otomo et al absorbs water and holds it until a sufficient quantity is present for the reaction to occur. This reads on hampering electron donation and acceptance. The argument that hampering electron donation and acceptance occurs “in a dry state” is not in scope with what is claimed.
Applicant’s arguments that the porous compound of Otomo et al does not carry the color-changing composition are not with the scope of the claim. Claim 8 recites only that the specified microbody “retains or carries a composition…” The broadest reasonable interpretation of this claim does not require that the composition be fully impregnated into the specified microbody. The composition of Otomo et al, mixed and dispersed as described in [0026], reads on the microbody retaining some of the composition.
Applicant’s arguments that amended claim 9 is not taught by Otomo et al are not convincing, as Otomo et al teaches the structural and chemical features of the product-by-process claim.
Applicant’s arguments, filed 03 February 2026, with regards to the rejection of claim 2 under 103 in view of Terada et al and further in view of Miyazaki et al have been fully considered but they are not persuasive. Applicant’s arguments hinge on Terada et al failing to anticipate claim 1. These are not persuasive, as the rejection of claim 1 is maintained.
Applicant’s arguments, filed 03 February 2026, with regards to the rejection of claim 15 under 103 in view of Otomo et al and further in view of Miyazaki et al have been fully considered but they are not persuasive. Applicant’s arguments hinge on Otomo et al failing to anticipate claim 8. These are not persuasive, as the rejection of claim 8 is maintained.
Applicant’s arguments that amended claims 10 and 11 are not taught by Otomo et al in view of Inoue are not convincing, as the rejection of claim 9 over Otomo et al have been maintained. Additionally, Inoue is relied upon solely to teach that a desirable range of pore sizes is known in the prior art. Therefore, applicant’s arguments that the porous substances are not analogous is unconvincing.
A new grounds of rejection is brought forward for new claim 21, necessitated by amendment. Claim 21 is rejected as obvious over Otomo et al in view of Song.
Status of Claims
Applicant's amendments to the claims filed 03 February 2026 have been entered. Applicant's remarks filed 03 February 2026 are acknowledged.
Claims 1, 8, 9, and 17 – 20 are in status “Currently amended.” Claims 2, 3, 5, 10, 11, 13 and 15 are in status “Original.” Claims 21 – 25 are in status “New.” Claim 16 is withdrawn as due to non-elected subject matters. Claims 4, 6, 7, 12 and 14 are canceled.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Terada et al (JP 2012230044 A, cited on the IDS provided 31 August 2022).
With regards to claim 1, Terada et al teaches;
The claimed "a composition comprising at least an electron-donating color-developing organic compound, an electron-accepting compound, and a color development regulator that hampers the color development by the electron-donating color-developing organic compound and the electron- accepting compound" has been read on the taught ([0007], "…a humidity indicator paint containing at least an electron-donating color compound, an acidic compound that is solid at room temperature, polyvinylpyrrolidone…"; The electron-donating color compound reads on an electron-donating color-developing organic compound. [0012] specifies organic electron-donating color compounds. The acidic compound reads on an electron-accepting compound. Polyvinylpyrrolidone reads on a color development regulator. [0016] teaches that PVP hampers color development.);
The claimed “a color development regulator which is hydrophilic” has been read on the taught ([0014], “Polyvinylpyrrolidone (PVP) used in the present invention is one of the water-soluble polymers…”; PVP being water-soluble reads on the regulator being hydrophilic.);
The claimed “wherein the color development regulator, in the absence of water, hampers the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound” and “the composition, in the absence of water, is in a state where the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound is hampered by the color development regulator” has been read on the taught ([0016], “…the PVP solidifies upon drying while preventing contact between the electron-donating color compound and the acidic compound. Therefore, in a dry or low humidity environment, the electron-donating color-forming compound does not come into contact with the acidic compound, which is solid at room temperature, and the colorless state is maintained.”);
The claimed “while, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid” and “while, in the color development hampered composition, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid to cause the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound” has been read on the taught ([0016], “If the ambient humidity rises in this state, the PVP, which has excellent moisture retention, absorbs the moisture, allowing the acidic compound to move freely within the PVP and come into contact with the electron-donating color-forming compound to develop color.”);
The claimed “the composition, in the presence of water or a water-containing liquid, is in a color developed state by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound” has been read on the taught ([0010], “…the coating film is colorless, but develops a predetermined color by absorbing moisture under high humidity conditions.”).
Claims 3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Terada et al (JP 2012230044 A, cited on the IDS provided 31 August 2022) as evidenced by Robinson et al (Robinson B.V., Sullivan F.M., Borzelleca J.F., Schwartz S.L. “PVP.” Chapter 2; Synthesis and Properties of PVP. CRC Press: 1990).
With regards to claim 3, the composition of claim 1 is anticipated by Terada et al.
Terada et al teaches the use of PVP, as discussed in claim 1. However, Terada et al does not explicitly disclose wherein the solubility in water (g/100g H2O) of PVP is not less than 100 at use environmental temperature.
It is well-known in the art that PVP is soluble in water, as evidenced by Robinson et al (Page 17, Physical and Chemical Properties, “PVP is soluble in water, the extent of which for practical purposes is limited only by the viscosity of the resulting solution.”). As Robinson et al teaches that PVP’s solubility in water is essentially unlimited at environment use temperature, the solubility in water of PVP exceeds 100g PVP / 100g H20. Accordingly, the claimed “wherein the solubility in water (g/100gH20) of the color development regulator is not less than 100 at use environmental temperature” is anticipated by Terada et al as evidenced by Robinson et al.
With regards to claim 5, the composition of claim 1 is anticipated by Terada et al.
Terada et al teaches the use of PVP, as discussed in claim 1. Robinson et al teaches that PVP is stable at room temperature, as read on the taught (Page 18, Physical and Chemical Properties, “Under ordinary conditions, PVP is stable as a solid and in solution.”). Robinson et al additionally teaches that the glass transition of the polymer does not occur until above 100°C (see Figure 3). One of ordinary skill in the art will recognize that, in order for a compound to exhibit significant vapor pressure, the compound must be volatile and it must be able to exist as a gas at the indicated temperature. As Robinson et al teaches that PVP is not volatile and does not become liquid until temperatures well above 20°C, one of ordinary skill in the art will recognize that PVP does not have a significant vapor pressure at 20°C.
Accordingly, the claimed “wherein the vapor pressure at 20 degrees C of the color development regulator is not more than 0.01 mmHg” is anticipated by Terada et al as evidenced by Robinson et al.
Claims 1, 8, 9, 13, 17 – 20, and 22 – 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Otomo et al (JP 2011185745 A, cited on the IDS filed 29 July 2025).
With regards to claim 1, Otomo et al teaches;
The claimed “A composition comprising at least an electron-donating color-developing organic compound, an electron-accepting compound, and a color development regulator which is hydrophilic” has been read on the taught ([0007], “…a humidity indicator paint characterized by comprising at least an electron-donating color compound, an acidic compound that is solid at room temperature, a deliquescent substance…”; The electron-donating color compound reads on an electron-donating color-developing organic compound. [0014] specifies an organic electron-donating color compounds. The acidic compound reads on an electron-accepting compound. The deliquescent substance reads on a color development regulator. [0031] teaches how the deliquescent substance hampers the development of the color by separating the acidic compound from the color-changing compound. The deliquescent material reads on the regulator being hydrophilic, as discussed in [0031].);
The claimed “wherein the color development regulator, in the absence of water, hampers the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound” and “while, in the color development hampered composition, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid to cause the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound, the composition, in the presence of water or a water-containing liquid, is in a color developed state by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound” have been read on the taught ([0031] teaches how the deliquescent substance hampers the development of the color by separating the acidic compound from the color-changing compound.);
The claimed “while, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid, the composition, in the absence of water, is in a state where the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound is hampered by the color development regulator” has been read on the taught ([0031], “The humidity indicator of the present invention obtained as described above is capable of exhibiting a color change (including discoloration) by first absorbing moisture from the porous particles…”);
With regards to claim 8, Otomo et al teaches;
The claimed “a specified microbody which retains or carries a composition” has been read on the taught ([0010], “…the porous particles can be used to provide a humidity indicator that can effectively detect a desired humidity level.”; [0026] describes how the compound is dissolved in the coating material, which reads on the microbody retaining the composition.);
The claimed “an electron-donating color-developing organic compound, an electron-accepting compound, and a color development regulator which is hydrophilic, wherein the color development regulator, in the absence of water, hampers the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron- accepting compound” has been read on the taught ([0007], “…a humidity indicator paint characterized by comprising at least an electron-donating color compound, an acidic compound that is solid at room temperature, a deliquescent substance…”; The electron-donating color compound reads on an electron-donating color-developing organic compound. [0014] specifies an organic electron-donating color compounds. The acidic compound reads on an electron-accepting compound. The deliquescent substance reads on a color development regulator. [0031] teaches how the deliquescent substance hampers the development of the color by separating the acidic compound from the color-changing compound. The deliquescent material reads on the regulator being hydrophilic, as discussed in [0031].);
The claimed, “while, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid” has been read on the taught ([0031] teaches how the deliquescent substance hampers the development of the color by separating the acidic compound from the color-changing compound.);
The claimed “the specified microbody allows water or a water-containing liquid to come into contact with the retained or carried composition” has been read on the taught ([0031], “The humidity indicator of the present invention obtained as described above is capable of exhibiting a color change (including discoloration) by first absorbing moisture from the porous particles contained in the color-changing composition supported on the carrier, then deliquescing the deliquescent substance due to the moisture, dissolving the acidic compound in the moisture and fluidizing it, which then reacts with the electron-donating color-changing compound.”);
The claimed “the composition, in the absence of water, is in a state where the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound is hampered by the color development regulator” has been read on the taught ([0031] teaches how the deliquescent substance hampers the development of the color by separating the acidic compound from the color-changing compound.);
The claimed “while, in the color development hampered composition, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid to cause the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound, causing the specified microbody retaining or carrying the composition to change color, the composition, in the presence of water or a water-containing liquid, is in a color developed state by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound” has been read on the taught ([0031], “The humidity indicator of the present invention obtained as described above is capable of exhibiting a color change (including discoloration) by first absorbing moisture from the porous particles…”);
The claimed “the composition can change the color thereof in the presence of water or a water-containing liquid” and “the specified microbody can change the color thereof in the presence of water or a water-containing liquid” have been read on the taught ([0031], “The humidity indicator of the present invention obtained as described above is capable of exhibiting a color change (including discoloration) by first absorbing moisture from the porous particles…”);
The claimed “the specified microbody allows water or a water-containing liquid to come into contact with the retained or carried composition” has been read on the taught ([0031], “The humidity indicator of the present invention obtained as described above is capable of exhibiting a color change (including discoloration) by first absorbing moisture from the porous particles contained in the color-changing composition supported on the carrier, then deliquescing the deliquescent substance due to the moisture, dissolving the acidic compound in the moisture and fluidizing it, which then reacts with the electron-donating color-changing compound.”).
With regards to claim 9, the coloring agent of claim 8 is anticipated by Otomo et al.
Otomo et al additionally teaches;
The claimed “wherein the specified microbody is a porous substance” has been read on the taught ([0010], “…the porous particles can be used to provide a humidity indicator that can effectively detect a desired humidity level.”).
With regards to the limitations “the composition liquefies upon heating and mixing, the porous substance which carries the composition is powdery, and the composition was in the liquefied state when carried by the porous substance,” these describe a product-by-process. According to MPEP 2113(I), “product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps.”
Accordingly, the limitation of “the composition liquefies upon heating and mixing” has been read on the water-soluble leuco dyes described in [0014], the water-soluble acidic compounds described in [0015], and the water-soluble deliquescent salts described in [0016], each of which could liquify upon heating and mixing within an aqueous solvent.
The limitation of “the porous substance which carries the composition is powdery” has been read on the taught ([0019], “Examples of porous particles preferably used in the present invention include fine silicon dioxide particles, magnesium aluminometasilicate, porous acrylic pigments, calcium silicate, diatomaceous earth, natural zeolite, synthetic zeolite, aluminum phosphate, and sepiolite.”; One of ordinary skill in the art will recognize that fine silicon dioxide particles are powdery.”).
It is not clear what structure is implied by “the composition was in the liquefied state when carried by the porous substance.” Accordingly, this limitation does not distinguish the claimed invention from the prior art of Otomo et al.
With regards to claims 13, the coloring agent according to claims 8 and 9 is anticipated by Otomo et al.
Otomo et al additionally teaches;
The claimed “wherein the composition retained or carried by the specified microbody is solid or viscous in the use environment” has been read on the taught ([0024], “The aqueous resin emulsion is not particularly limited as long as it is solidified by heating and drying to an extent that does not affect the support, becomes a resin binder that supports the above-mentioned components…”; [0025], “Adding an organic solvent to such paint makes it easier to control the viscosity of the paint, improves printability and dispersibility of the paint, and is preferable in that it shortens the drying time.”; A viscous paint which dries and solidifies reads on the composition being solid or viscous in the use environment.).
With regards to claim 17, Otomo et al teaches;
The claimed “a specified microbody which retains or carries a composition” has been read on the taught ([0010], “…the porous particles can be used to provide a humidity indicator that can effectively detect a desired humidity level.”; [0026] describes how the compound is dissolved in the coating material, which reads on the microbody retaining the composition.);
The claimed “an electron-donating color-developing organic compound, an electron-accepting compound, and a color development regulator which is hydrophilic, wherein the color development regulator, in the absence of water, hampers the color development by electron donation and acceptance between the electron-donating color-development organic compound and the electron-accepting compound” has been read on the taught ([0007], “…a humidity indicator paint characterized by comprising at least an electron-donating color compound, an acidic compound that is solid at room temperature, a deliquescent substance…”; The electron-donating color compound reads on an electron-donating color-developing organic compound. [0014] specifies an organic electron-donating color compounds. The acidic compound reads on an electron-accepting compound. The deliquescent substance reads on a color development regulator. [0031] teaches how the deliquescent substance hampers the development of the color by separating the acidic compound from the color-changing compound. The deliquescent material reads on the regulator being hydrophilic, as discussed in [0031].);
The claimed “while, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid” and “while, in the color development hampered composition, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid to cause the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound, causing the specified microbody retaining or carrying the composition to change color, the composition, in the presence of water or a water-containing liquid, is in a color developed state by electron donation and acceptance between the electron-donating, color-developing organic compound and the electron-accepting compound” has been read on the taught ([0031], “The humidity indicator of the present invention obtained as described above is capable of exhibiting a color change (including discoloration) by first absorbing moisture from the porous particles contained in the color-changing composition supported on the carrier, then deliquescing the deliquescent substance due to the moisture, dissolving the acidic compound in the moisture and fluidizing it, which then reacts with the electron-donating color-changing compound.”);
The claimed “the specified microbody allows water or a water-containing liquid to come into contact with the retained or carried composition” has been read on the taught ([0031], “The humidity indicator of the present invention obtained as described above is capable of exhibiting a color change (including discoloration) by first absorbing moisture from the porous particles contained in the color-changing composition supported on the carrier, then deliquescing the deliquescent substance due to the moisture, dissolving the acidic compound in the moisture and fluidizing it, which then reacts with the electron-donating color-changing compound.”).
The claimed “the composition, in the absence of water, is in a state where the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound is hampered by the color development regulator” has been read on the taught ([0031] teaches how the deliquescent substance hampers the development of the color by separating the acidic compound from the color-changing compound.);
While claim 17 recites “a color changing article”, this limitation is provided in the preamble of the claim and has been given the appropriate patentable weight. As Otomo et al teaches all of the positively claimed structures of claim 17, the claimed invention is not distinguishable over the prior art.
With regards to claim 18, Otomo et al teaches;
The claimed “a specified microbody which retains or carries a composition” has been read on the taught ([0010], “…the porous particles can be used to provide a humidity indicator that can effectively detect a desired humidity level.”; [0026] describes how the compound is dissolved in the coating material, which reads on the microbody retaining the composition.);
The claimed composition “comprising at least an electron-donating color-developing organic compound, an electron-accepting compound, and a color development regulator which is hydrophilic” has been read on the taught ([0007], “…a humidity indicator paint characterized by comprising at least an electron-donating color compound, an acidic compound that is solid at room temperature, a deliquescent substance…”; The electron-donating color compound reads on an electron-donating color-developing organic compound. [0014] specifies an organic electron-donating color compounds. The acidic compound reads on an electron-accepting compound. The deliquescent substance reads on a color development regulator. [0031] teaches how the deliquescent substance hampers the development of the color by separating the acidic compound from the color-changing compound. The deliquescent material reads on the regulator being hydrophilic, as discussed in [0031].);
The claimed “wherein the color development regulator, in the absence of water, hampers the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound” and “the composition, in the absence of water, is in a state where the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound is hampered by the color development regulator” has been read on the taught ([0031] teaches how the deliquescent substance hampers the development of the color by separating the acidic compound from the color-changing compound.);
The claimed “the specified microbody allows water or a water-containing liquid to come into contact with the retained or carried composition” has been read on the taught ([0031], “The humidity indicator of the present invention obtained as described above is capable of exhibiting a color change (including discoloration) by first absorbing moisture from the porous particles contained in the color-changing composition supported on the carrier, then deliquescing the deliquescent substance due to the moisture, dissolving the acidic compound in the moisture and fluidizing it, which then reacts with the electron-donating color-changing compound.”);
The claimed “while, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid” and “while, in the color development hampered composition, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid to cause the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound, causing the specified microbody retaining or carrying the composition to change color, the composition, in the presence of water or a water-containing liquid, is in a color developed state by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound” have been read on the taught ([0031], “The humidity indicator of the present invention obtained as described above is capable of exhibiting a color change (including discoloration) by first absorbing moisture from the porous particles contained in the color-changing composition supported on the carrier, then deliquescing the deliquescent substance due to the moisture, dissolving the acidic compound in the moisture and fluidizing it, which then reacts with the electron-donating color-changing compound.”).
The claimed “a water-absorbing resin powder or another water-absorbing material blended with [the] coloring agent” has been read on the taught ([0024], “The aqueous resin emulsion is not particularly limited as long as it is solidified by heating and drying to an extent that does not affect the support, becomes a resin binder that supports the above-mentioned components (electron-donating color-forming compound, acidic compound, deliquescent substance, porous particles)…”).
With regards to claim 19, Otomo et al teaches;
The claimed “a non-aqueous water-insoluble vehicle comprising a solvent or dispersion medium or both and a bonding resin for bonding to an object and a coloring agent blended in the non-aqueous water-insoluble vehicle” has been read on the taught (([0025], “Adding an organic solvent to such paint makes it easier to control the viscosity of the paint, improves printability and dispersibility of the paint, and is preferable in that it shortens the drying time.”); [0033], “Such a speed-adjusting resin layer may be a transparent resin layer having suitable moisture permeability, and may be formed by applying a resin paint in which a resin material is dissolved or dispersed in a solvent to a carrier carrying a color-developing composition and then heating and drying it.” [0034], “Any resin material can be used as long as it exhibits appropriate moisture permeability and transparency after the resin layer is formed.”; [0032] describes why it would be advantageous to have a non-aqueous resin which is less permeable to moisture.);
The claimed “the coloring agent comprising a specified microbody which retains or carries a composition comprising at least an electron-donating color-developing organic compound, an electron-accepting compound, and a color development regulator which is hydrophilic, wherein the color development regulator, in the absence of water, hampers the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound, while, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid, the specified microbody allows water or a water-containing liquid to come into contact with the retained or carried composition, the composition, in the absence of water, is in a state where the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound is hampered by the color development regulator, while, in the color development hampered composition, the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid to cause the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound, causing the specified microbody retaining or carrying the composition to change color, the composition, in the presence of water or a water-containing liquid, is in a color developed state by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound” recites the same limitations as claim 18, and has been rejected as anticipated by Otomo et al following the analysis found starting on page 14.
With regards to claim 20, Otomo et al teaches;
The claimed “a coloring material is applied to bond at least a coloring agent to the article to be able to change its color in the presence of water or a water-containing liquid” has been read on the taught ([0028], “…the humidity indicator paint is applied to the support and then heated and dried to obtain a humidity indicator in which a color composition […] is supported on the support.”);
The claimed “the coloring material comprising a water-insoluble vehicle which comprises a solvent or dispersion medium or both and a bonding resin for bonding to an object and the coloring agent blended in the water-insoluble vehicle, the coloring agent comprising a specified microbody which retains or carries a composition comprising at least an electron-donating color-developing organic compound, an electron-accepting compound, and a color development regulator that hampers the color development by the electron-donating color-developing organic compound and the electron-accepting compound, wherein the color development regulator is hydrophilic, the composition can change the color thereof in the presence of water or a water-containing liquid, the specified microbody can change the color thereof in the presence of water or a water-containing liquid, and the specified microbody allows water or a water-containing liquid to come into contact with the retained or carried composition” has been read on the prior art of Otomo et al following the analysis of claim 19, which begins on page 17 of this office action.
With regards to claim 22, the composition of claim 1 is anticipated by Otomo et al.
With regards to the limitation “wherein the color development hampering of the color development regulator will be instantaneously suppressed by water or a water-containing liquid to cause the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound”, this is functional language and has been given the appropriate patentable weight. Please see MPEP 2114(II), and Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). As Otomo et al teaches all of the structural limitations of the apparatus as defined in claim 22, this additional limitation does not define the instant application over the prior art.
With regards to claim 23, the composition of claim 1 is anticipated by Otomo et al.
With regards to the limitation “wherein the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid to cause the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound, however, the color development of the composition does not occur merely by humidity changes”, this is functional language and has been given the appropriate patentable weight. Please see MPEP 2114(II), and Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). As Otomo et al teaches all of the structural limitations of the apparatus as defined in claim 23, this additional limitation does not define the instant application over the prior art.
With regards to claim 24, the composition of claim 9 is anticipated by Otomo et al.
With regards to the limitation “wherein the color development hampering of the color development regulator will be instantaneously suppressed by water or a water-containing liquid to cause the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound, causing the porous substance carrying the composition to change color”, this is functional language and has been given the appropriate patentable weight. Please see MPEP 2114(II), and Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). As Otomo et al teaches all of the structural limitations of the apparatus as defined in claim 24, this additional limitation does not define the instant application over the prior art.
With regards to claim 25, the composition of claim 8 is anticipated by Otomo et al.
With regards to the limitation “wherein the color development hampering of the color development regulator will be suppressed by water or a water-containing liquid to cause the color development by electron donation and acceptance between the electron-donating color-developing organic compound and the electron-accepting compound, however, the color development of the composition does not occur merely by humidity changes”, this is functional language and has been given the appropriate patentable weight. Please see MPEP 2114(II), and Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). As Otomo et al teaches all of the structural limitations of the apparatus as defined in claim 24, this additional limitation does not define the instant application over the prior art.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Terada et al (JP 2012230044 A, cited on the IDS provided 31 August 2022) in view of Miyazaki et al (JP 2006152056 A).
With regards to claim 2, the composition of claim 1 is anticipated Terada et al.
However, Terada et al does not explicitly disclose wherein the difference in solubility parameter between the electron-accepting compound and the color development regulator is between plus and minus 3.
In the analogous art of color compositions, Miyazaki et al teaches;
“Wherein the difference in a solubility parameter between two compounds is between plus and minus 3” has been read on the taught ([0021], “Water-based paint (II) is a water-based paint containing 0.01 to 10 parts by weight of organic acid catalyst (C) per 100 parts by weight of the solids of resin component (B1) and resin component (B2), […] in which the difference in solubility parameter (Note 2) between resin component (B1) and resin component (B2) is in the range of 0.5 to 2.0…”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the composition as taught by Terada et al with the solubility parameter control as taught by Miyazaki et al. According to MPEP 2143(I)(C), use of a known technique to improve similar products in the same way may be prima facie obvious. In the case of the instant invention, the prior art of Terada et al contains a “base” composition including an electron-accepting compound which interacts with the color development regulator (see [0016]), upon which the stated solubility parameters can be seen as an “improvement.” The prior art of Miyazaki contains a comparable paint composition which has been improved with the same solubility parameters as the claimed invention. One of ordinary skill in the art could have applied the known improvement technique of a solubility parameter between plus and minus 3 to the composition taught by Terada et al, for the predictable result of allowing the electron-accepting compound to dissolve in the color development regulator.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Otomo et al (JP 2011185745 A, cited on the IDS filed 29 July 2025) in view of Miyazaki et al (JP 2006152056 A).
With regards to claim 15, the coloring agent of claim 8 is anticipated by Otomo et al
However, Otomo et al does not explicitly disclose wherein the difference in solubility parameter between the electron-accepting compound and the color development regulator is between plus and minus 3.
In the analogous art of color compositions, Miyazaki et al teaches;
“Wherein the difference in a solubility parameter between two compounds is between plus and minus 3” has been read on the taught ([0021], “Water-based paint (II) is a water-based paint containing 0.01 to 10 parts by weight of organic acid catalyst (C) per 100 parts by weight of the solids of resin component (B1) and resin component (B2), […] in which the difference in solubility parameter (Note 2) between resin component (B1) and resin component (B2) is in the range of 0.5 to 2.0…”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the composition as taught by Otomo et al with the solubility parameter control as taught by Miyazaki et al. According to MPEP 2143(I)(C), use of a known technique to improve similar products in the same way may be prima facie obvious. In the case of the instant invention, the prior art of Otomo et al contains a “base” composition including an electron-accepting compound which interacts with the color development regulator (see [0031]), upon which the stated solubility parameters can be seen as an “improvement.” The prior art of Miyazaki contains a comparable paint composition which has been improved with the same solubility parameters as the claimed invention. One of ordinary skill in the art could have applied the known improvement technique of a solubility parameter between plus and minus 3 to the composition taught by Otomo et al, for the predictable result of allowing the electron-accepting compound to dissolve in the color development regulator.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Otomo et al (JP 2011185745 A, cited on the IDS filed 29 July 2025) in view of Inoue et al (JP 2002200423 A, cited on the IDS filed 31 August 2022).
With regards to claim 10, the coloring agent according to claim 9 is anticipated by Otomo et al.
Otomo et al additionally teaches;
Wherein the porous substance is silica, as read on the taught ([0019], “Examples of porous particles preferably used in the present invention include fine silicon dioxide particles…”).
However, Otomo et al does not explicitly disclose wherein the pore volume of the porous substance is not less than 0.3 cm3/g.
In the analogous art of color-changing humidity indicators, Inoue et al teaches;
The claimed “wherein the pore volume of the porous substance is not less than 0.3 cm3/g” has been read on the taught ([0009], “However, typically, silica gel having […] an average pore volume of about 0.3 to 1.3 cm/g is preferably used.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the coloring agent including silica particles as taught by Otomo et al with the specified silica pore volume as taught by Inoue. According to MPEP 2143(I)(C), use of a known technique to improve similar products in the same way may be prima facie obvious. In the case of the instant invention, the prior art of Otomo et al contains a “base” composition including silica particles upon which the stated pore volume parameters can be seen as an “improvement.” The prior art of Inoue et al contains a comparable color-changing compound that has been improved with the specified silica particle pore volume. One of ordinary skill in the art could have applied the known improvement technique of the specified pore volume to the composition taught by Otomo et al, for the predictable result of allowing the porous particle to interact with molecules of a given size.
With regards to claim 11, the coloring agent according to claim 9 is anticipated by Otomo et al.
Otomo et al additionally teaches;
Wherein the porous substance is silica, as read on the taught ([0019], “Examples of porous particles preferably used in the present invention include fine silicon dioxide particles…”).
However, Otomo et al does not explicitly disclose wherein the average pore diameter of the porous substance is not less than 20 angstroms.
In the analogous art of color-changing humidity indicators, Inoue et al teaches;
The claimed “wherein the average pore diameter of the porous substance is not less than 20 angstroms” has been read on the taught ([0009], “However, typically, silica gel having […] an average pore diameter of 2 to 15 nm […] is preferably used.”; One of ordinary skill in the art will recognize that 2nm is 20 angstroms.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the coloring agent including silica particles as taught by Otomo et al with the specified silica pore diameter as taught by Inoue. According to MPEP 2143(I)(C), use of a known technique to improve similar products in the same way may be prima facie obvious. In the case of the instant invention, the prior art of Otomo et al contains a “base” composition including silica particles upon which the stated pore diameters can be seen as an “improvement.” The prior art of Inoue et al contains a comparable color-changing compound that has been improved with the specified silica particle pore diameter. One of ordinary skill in the art could have applied the known improvement technique of the specified pore volume to the composition taught by Otomo et al, for the predictable result of allowing the porous particle to interact with molecules of a given size.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Otomo et al (JP 2011185745 A, cited on the IDS filed 29 July 2025) in view of Song (US 20110144603 A1).
With regards to claim 21, the coloring agent according to claim 1 is anticipated by Otomo et al.
Otomo et al further teaches;
Wherein the color development regulator acts by allowing trapped moisture to deliquesce the deliquescent substance, creating a fluid environment to allow the electron-donating and electron-accepting compounds to interact, as read on [0031].
However, Otomo et al does not explicitly disclose wherein the color development regulator is one kind or two or more kinds selected from the group consisting of 1-methoxy-2-propanol, 1-ethoxy-2-propanol, ethylene glycol, propylene glycol, diethylene glycol, diethylene glycol monomethyl ether, dipropylene glycol, dipropylene glycol monomethyl ether, triethylene glycol, tripropylene glycol, glycerine, tetraethylene glycol, polyethylene glycol 200, polyethylene glycol 300, polyethylene glycol 400, polyethylene glycol 600, polyethylene glycol 1000, polyethylene glycol 2000, polyethylene glycol 4000, polyethylene glycol 6000, polypropylene glycol 20000, polypropylene glycol 400, polypropylene glycol 750, 1,3-propanediol, 1,3-butanediol, 1,5-pentanediol, 1,6-hexanediol, and 1,3-cyclohexanediol.
In the analogous art of water indicating devices, Song teaches;
A coloring agent formed from an electron-donating compound, and electron-accepting compound, and a separator which deliquesces in an aqueous solution to allow the components to interact, as read on the taught (Claim 1, “a complex formed from a leuco dye, an electron-withdrawing color-developer agent, and a separator, all contained within an aqueous-pervious polymeric matrix, where said separator is soluble in both an aqueous and organic solvent, and said leuco dye and color-developer are capable of interacting to manifest color when said separator dissolves or disperses in the presence of an aqueous solution.”);
The claimed “wherein the color development regulator is one kind or two or more kinds selected from the group consisting of […] polyethylene glycol 200” has been read on the taught ([0042], “About 25 mg zinc salicylate and 120 mg polyethylene glycol (molecular weight: 200) were added to 500 ul of crystal violet lactone (12 mg/ml) in ethanol.”; See also [0023]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the composition as taught by Otomo et al with the polyethylene glycol as taught by Song. According to MPEP 2143(I)(B), simple substitution of one known element for another to obtain predictable results may be prima facie obvious. In the case of the instant invention, the prior art of Otomo et al teaches a product which differs from the claimed device only by the substitution of polyethylene glycol 200 for metallic salts. The prior art of Song teaches the substituted component of polyethylene glycol 200, serving the same function as Otomo et al’s metallic salts. One of ordinary skill in the art could have substituted the polyethylene glycol 200 for the metallic salts, for the predictable result of creating a composition which allows an electron-donating and electron-accepting substance to dissolve and react in the presence of water.
Conclusion
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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/ALISON CLAIRE GERHARD/ Examiner, Art Unit 1797 /LYLE ALEXANDER/ Supervisory Patent Examiner, Art Unit 1797
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