DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This application is a 371 of App. No. PCT/EP2021/058168, filed on 03/29/2021, which is entitled to and claims the benefit of priority of U.S. Provisional App. No. 63/000,600, filed 03/27/2020. The preliminary amendment filed on 09/27/2022 is entered and acknowledged by the Examiner.
3. Applicant’s election of Group I, claims 13-20 without traverse in the reply filed on 10/07/2025 is acknowledged.
4. Claims 13-25 are pending. Claims 13-20 are under examination on the merits. Claims 21-25 are withdrawn to a non-elected invention from further consideration. Claims 1-12 are cancelled.
Information Disclosure Statement
5. The information disclosure statement submitted on 09/27/2022 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statement.
Drawings
6. The drawings are received on 09/27/2022. These drawings are acceptable.
Priority
7. Receipt is acknowledged of papers submitted on 09/27/2022 under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Rejections - 35 USC § 102
8. 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.
9. Claim 13, 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nickmans et al. (Photonic Shape Memory Chiral Nematic Polymer Coatings with Changing Surface Topography and Color, Adv. Optical Mater. 2019, 7, 190059 (1 of 6), hereinafter “Nickmans”).
Regarding claim 13: Nickmans discloses shape memory CLC coatings (Page 1, Abstract, lines 1-4) comprising a reactive liquid crystal mixture that is composed of a difunctional crosslinker 1, monofunctional acrylates 2 and 3, chiral dopant 4, photoinitiator 5, and a difunctional thiol 6 (Page 2, Fig. 1a). These shape memory CLC coatings are considered to lose their cholesteric order as a response to one or more stimuli, such as pressure and heating (Page 2, Fig. 1; Page 3 Fig. 2).
Regarding claim 16: Nickmans discloses a sensor comprising a shape memory CLC coating (Page 1, Abstract, lines 1-4), wherein the one or more stimuli are selected from the group including temperature, chemical stimulus, and pressure (Page 3, Fig. 3; Page 4, Conclusions and Outlook, lines 4-11)
Regarding claim 17: Nickmans discloses the shape memory CLC coatings (Page 1, Abstract, lines 1-4), wherein the one or more stimuli include at least one of temperature and steam (Page 3, Fig. 3; Page 4, Conclusions and Outlook, lines 4-11).
Regarding claim 18: Nickmans discloses the shape memory CLC coatings (Page 1, Abstract, lines 1-4) comprising a reactive liquid crystal mixture that is composed of a difunctional crosslinker 1, monofunctional acrylates 2 and 3, chiral dopant 4, photoinitiator 5, and a difunctional thiol 6 (Page 2, Fig. 1a). These shape memory CLC coatings are considered to lose their cholesteric order as a response to one or more stimuli, such as pressure and heating (Page 2, Fig. 1; Page 3 Fig. 2). The shape memory CLC coating of Nickmans, which comprises all the technical features of current claim, would inherently lead to a shift from a color reflective
state to a light scattering state.
Where ... the claimed and prior art products are identical or substantially identical ... the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product." In re Best, 562 F.2d 1252, 1255 (CCPA 1977) (citations and footnote omitted). The mere recitation of a property or characteristic not disclosed by the prior art does not necessarily confer patentability to a composition or a method of using that composition. See In re Skoner, 51 7 F .2d 94 7, 950 ( CCP A 197 5).
10. Claim 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davies et al. (A Printable Optical Time-Temperature Integrator Based on Shape Memory in a Chiral Nematic Polymer Network, Adv. Funct. Mater. 2013, 23, 2723–2727, hereinafter “Davies”).
Regarding claims 13-15: Davies discloses a printable optical time-temperature integrator, i.e. irreversible temperature sensor, based on shape memory in a chiral nematic polymer network (Page 2723, Abstract, lines 1-3). Davies discloses chiral nematic hydrogen bonded liquid crystal polymer network films, wherein the CLC mixture contains both chemically (polymerizable acrylate groups) and physically (carboxylic acid groups which form hydrogen bonded dimers, 6OBA and 6OBA-M) crosslinkable groups (Page 2724, Fig. 2a). The mesogens 6OBA and 6OBA-M are H-bonding mesogens. Therefore, the film/coating of Davies is a non-covalent, supramolecularly crosslinked coating, wherein the loss of the cholesteric order is based on supramolecular interactions from carboxylic acid mesogens in a polymeric liquid.
Regarding claims 16-17: Thermal and thermomechanical by Davies confirm the loss of the cholesteric order as a response to temperature (Page 2725, Fig. 3).
Regarding claims 18-20: The films of Davies, which comprises all the essential technical features of current claim, would inherently lead to a shift from a color reflective state to a light
scattering state (Page 2725, Fig.4, color shift) and would inherently lead to an onset temperature for the isotropic phase transition is at least 105°C, preferably 121°C (see
CLC mixtures in Fig 2 by Davies vs. Fig. 3 in current application).
Where ... the claimed and prior art products are identical or substantially identical ... the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product." In re Best, 562 F.2d 1252, 1255 (CCPA 1977) (citations and footnote omitted). The mere recitation of a property or characteristic not disclosed by the prior art does not necessarily confer patentability to a composition or a method of using that composition. See In re Skoner, 51 7 F .2d 94 7, 950 ( CCP A 197 5).
11. Claim 13, 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kragt et al. (WO 2018/033594 A1, hereinafter “Kragt”).
Regarding claim 13,18: Kragt discloses a stimuli-responsive polymer film or coating (Page 3, lines 11-14), a responsive device or product consisting of a transparent substrate with a coating of a stimuli-responsive polymer film or coating material that switches e.g. reflective to transparent, shifting its wavelength by temperature or by a change in temperature or another stimulus and a process for preparing such a stimuli-responsive polymer film or coating material (Page 8, Claim 1; Page 9, Claims 12-13).
Regarding claim 16-17: Kragt discloses the stimuli-responsive polymer film or coating (Page 3, lines 11-14) for optical sensors which are considered suitable to detect irradiation, organic vapors, amines, metal ions, pH-values, and gases, e.g. oxygen ((Page 6, lines 4-6).
Examiner Information
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is (571) 270-3449. The examiner can normally be reached on Mon-Fri 9.00 A.M. -7 P.M..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Bijan Ahvazi/
Primary Examiner, Art Unit 1763
11/22/2025
bijan.ahvazi@uspto.gov
Prosecution Insights