DETAILED ACTION
America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of papers submitted under 35 USC §119(a)-(d) and 35 USC §371, for which papers have been placed of record in the file.
This application, filed 20-March-2023, is a national stage entry of WIPO/PCT application PCT/ES2021/070679, filed 20-September-2020.
This application also claims priority from Spanish application ESP 2020 30949, filed 18-September-2020.
This application, therefore, will be granted a prima facie effective filing date of 18-September-2020.
Information Disclosure Statement
The information disclosure statement IDS#1 submitted on 10-October-2023, (5 references) has been considered by the Examiner and made of record in the application file.
Preliminary Amendment
The present Office Action is based upon the original patent application filed on 20-March-2023 as modified by the preliminary amendment PA#1 filed on 10-October-2023.
Claims 1-15 are now pending in the present application.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: “Device Employing Phase Change Material for Passive Detection of Events”.
Claim Rejections - 35 USC §103
The following is a quotation of 35 USC §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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 USC §102 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 USC §102(b)(2)(C) for any potential 35 USC §102(a)(2) prior art against the later invention.
Claims 1, 2, 4, 8, 9, 13 and 14 are rejected under 35 USC §103 as unpatentable over Euliano et al. (United States Patent Application Publication # US 2019/0008698 A1), hereinafter Euliano, and which incorporates Birt (US 4,185,143) and McCarter (US 5,395,707) by reference, in view of Lee (United States Patent Application Publication # US 2008/0038588 A1) and Simon et al. (United States Patent Application Publication # US 2009/0042066 A1), hereinafter Simon.
Consider claim 1: A non-active event detection device, Euliano discloses a wetness sensor device, monitoring system and method for detection of a liquid presence (event) [Title; Abstract, Fig. 1-3; Para. 0002, 0005-0006, 0008-0009]; that comprises:
a support substrate, wherein the device comprises a substrate (20) [Fig. 2-3; Para. 0055];
a liquid-activated battery, linked to the support substrate, wherein the liquid-activated battery is a single use paper-battery, wherein conductive leads (28, 29) operate as a galvanic cell (24) (broadly a battery) to power the device [Fig. 2; Para. 0055, 0066-0067, 0080], wherein the substrate may be made of paper [Para. 0058], and that embodiments may incorporate water or liquid activated batteries [Para. 0086-0087] of types disclosed in US patents Birt [US 4,185,143] and McCarter [US 5,395,707] incorporated by reference;
an ion-conducting liquid, wherein the sensor is activated when it becomes wet with a conductive liquid such as blood or urine [Para. 0060];
a non-ion-conducting phase change material, placed as a physical barrier between the ion-conducting liquid and the liquid-activated battery, that changes from solid to liquid when a physical or chemical environmental magnitude exceeds a threshold in intensity and/or duration, wherein embodiments may use materials with various solid-liquid transition temperatures (phase change material) such that at a particular detected temperature (event) the material becomes liquid and activates the galvanic sensor (10a-b) [Para. 0166-0168]; and
an electronics module, connected to the liquid-activated battery, that is powered up when the liquid-activated battery is activated.
Euliano does not explicitly disclose the battery to be a paper single use battery, or specific use of a PCM material as a barrier or containment for an electrolyte such that the electrolyte is released when the material changes from a solid to a liquid (melts). Both of these limitations are known in analogous prior art, and for example:
Lee discloses a battery with porous material and a method of fabrication [Title; Abstract; Fig. 1-2; Para. 0001, 0010] and particularly that the battery elements may be made of paper [Fig. 1-4; Para. 0082-0091] and where such batteries are designed for disposable (single use) applications [Para. 0001, 0010].
Simon discloses an adjustable barrier for regulating a flow of a liquid particularly as relating to activation of a battery wherein a barrier may be constructed using a material with a particular melting temperature, the electrolyte released when the barrier melts [Title; Abstract; Fig. 1, 5; Para. 0062-0063].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to construct a battery of paper as taught by Lee and where a PCM barrier contains an electrolyte which is released when the barrier melts, for example, when a temperature rises to a particular level, as taught by Simon, and applied to a sensor device as taught by Euliano, where a paper battery is compact, inexpensive and disposable, and where a PCM barrier which melts according to a particular event, renders the battery inactive until the particular activation event occurs.
Consider claim 2 and as applied to claim 1: The device of claim 1, wherein the device additionally comprises a container linked to the support substrate, for containing the ion-conducting liquid, being the non-ion-conducting phase change material placed as a barrier separating the ion-conducting liquid from the liquid-activated battery. Simon discloses a reservoir (520) (container) for the electrolyte solution, with an opening (510) and an adjustable barrier (518) [Fig. 1a, 5; Para. 0063].
Consider claim 4 and as applied to claim 1: The device of claim 1, wherein the non-ion-conducting phase change material takes the form of a porous substrate, wherein the ion-conducting liquid is inserted in the pores of the non-ion-conducting phase change material, and being the non-ion-conducting phase change material placed in contact with the liquid-activated battery and/or inserted in the liquid-activated battery.
Euliano discloses that various layers within the sensor, including at least a liquid management layer (64) for controlling the movement of liquid or electrolyte [Fig. 6, 8; Para. 0087, 0094, 0104, 0113].
Simon discloses that a barrier may be porous or semi-permeable [Fig. 7; Para. 0064].
Lee similarly discloses multiple porous layers within the battery to manage the flow of electrolyte into and within the battery [Fig. 1-2; Para 0012, 0018, 0038, 0044; Claim 1].
Consider claim 8 and as applied to claim 1: The device of claim 1, wherein the electronics module additionally comprises an emitter that generates a signal when the electronics module is powered up. Euliano discloses communication of active sensor information via a transmitter or transceiver using various wireless protocols and at RF frequencies [Fig. 1, 18; Para. 0041-0044, Claim 1].
Consider claim 9 and as applied to claim 8: The device of claim 8, wherein the emitter produces a signal selected between a radiofrequency signal, a light, a sound and a vibration. This claim is rejected based on the same references, citations and analysis as for claim 8 previously, and as applied to claim 1.
Consider claim 13 and as applied to claim 1: The device of claim 1, wherein the substrate is made out of a compostable material, and the electronics module comprises a printed antenna on the substrate, and a non-encapsulated chip connected to the antenna and the liquid-activated battery. Euliano discloses that the substrate may be made of paper (a compostable material) and that the sensor may comprise an antenna (32) connected to an integrated circuit (30) and further that various circuit elements may be printed [Fig. 1-5; Para. 0054-0055, 0057, 0061, 0064]
Consider claim 14 and as applied to claim 1: The device of claim 1, wherein the phase change material is a material that changes from solid to liquid when a magnitude selected from physical parameters such as temperature, mechanical stress, hydrostatic pressure, electromagnetic field, electrical field, radiation, and radioactivity to chemical parameters such as gas composition, water absorption, and pH. Euliano discloses sensors directed to monitoring of temperature [Para. 0166-0168].
Claim 3 is rejected under 35 USC §103 as unpatentable over Euliano et al. (United States Patent Application Publication # US 2019/0008698 A1), hereinafter Euliano, and which incorporates Birt (US 4,185,143) and McCarter (US 5,395,707) by reference, Lee (United States Patent Application Publication # US 2008/0038588 A1) and Simon et al. (United States Patent Application Publication # US 2009/0042066 A1), hereinafter Simon, and further in view of Bolles (United States Patent # US 3,653,972).
Consider claim 3 and as applied to claim 1: The device of claim 1, wherein the non-ion-conducting phase change material takes the form of microcapsules, which contain the ion-conducting liquid, and being the microcapsules in contact with the liquid-activated battery and/or inserted in the liquid-activated battery.
Euliano discloses a solid material which melts to activate and power the sensor device [Para. 0166-0168].
Simon additionally discloses a reservoir containing a liquid electrolyte comprising a PCM barrier [Para. 0062-0063].
Neither Euliano nor Simon, however, discloses a plurality of PCM capsules to release the electrolyte. This was known in analogous prior art, however, and for example.
Bolles discloses a disposable reserve cell with an encapsulated electrolyte comprising a multitude of capsules as small as 10 micron diameter, within a battery chamber, each containing liquid electrolyte, and designed to either melt at a particular temperature (PCM) and/or be ruptured physically, releasing the electrolyte and activating the battery [Title; Abstract; Fig. 1-2; Col. 2, 22-68; Claim 1].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to provide a reservoir of electrolyte within a large plurality of minute capsules of PCM material, applied to a sensor device as taught by Euliano as modified by Lee and Simon, where these may be easily and cost effectively be mass produced, allow either physical or temperature activation, with a very small chance of accidental activation.
Claims 5-7 are rejected under 35 USC §103 as unpatentable over Euliano et al. (United States Patent Application Publication # US 2019/0008698 A1), hereinafter Euliano, and which incorporates Birt (US 4,185,143) and McCarter (US 5,395,707) by reference, in view of Lee (United States Patent Application Publication # US 2008/0038588 A1) and Luehrs (United States Patent # US 3,977,900).
Consider claim 5: A passive event detection device, Euliano discloses a wetness sensor device, monitoring system and method for detection of a liquid presence (event) [Title; Abstract, Fig. 1-3; Para. 0002, 0005-0006, 0008-0009]; that comprises:
a support substrate, wherein the device comprises a substrate (20) [Fig. 2-3; Para. 0055];
a liquid-activated battery, linked to the support substrate, wherein the liquid-activated battery is a single use paper-battery, wherein conductive leads (28, 29) operate as a galvanic cell (24) (broadly a battery) to power the device [Fig. 2; Para. 0055, 0066-0067, 0080], wherein the substrate may be made of paper [Para. 0058], and that embodiments may incorporate water or liquid activated batteries [Para. 0086-0087] of types disclosed in US patents Birt [US 4,185,143] and McCarter [US 5,395,707] incorporated by reference;
an ion-conducting phase change material, that is ion-conducting in a liquid phase and non-ion-conducting in a solid phase, positioned in contact with the liquid-activated battery, changing the ion-conducting phase change material from solid to liquid when an environmental physical or chemical magnitude exceeds a threshold in intensity and/or duration, activating the liquid-activated battery, wherein embodiments may use materials with various solid-liquid transition temperatures (phase change material) such that at a particular detected temperature (event) the material becomes liquid and activates the galvanic sensor (10a-b) [Para. 0166-0168]; and
an electronics module, connected to the liquid-activated battery, that is powered up when the liquid-activated battery is activated; an integrated circuit (30) and/or antenna (34) which are activated by the galvanic cell (battery) [Fig. 1-2, 21; 0054-0056].
Euliano does not explicitly disclose the battery to be a paper single use battery, or specifically that the PCM material is not ion-conducting in a solid phase and ion-conducting as a liquid. Both of these limitations are known in analogous prior art, and for example:
Lee discloses a battery with porous material and a method of fabrication [Title; Abstract; Fig. 1-2; Para. 0001, 0010] and particularly that the battery elements may be made of paper [Fig. 1-4; Para. 0082-0091] and where such batteries are designed for disposable (single use) applications [Para. 0001, 0010].
Luehrs discloses a thermally activated electro-mechanical cell and specific use of an electrolyte which is non-conductive as a solid, but conductive as a liquid [Title; Abstract; Col. 1, 52 to Col. 2, 10; Claim 1].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to construct a battery of paper as taught by Lee and where the PCM electrolyte is non-conducting in solid form, and conducting in liquid forms, as taught by Luehrs, and applied to a sensor device as taught by Euliano, where a paper battery is compact, inexpensive and disposable, and where an electrolyte which is non-conducting in solid form renders the battery inactive until a particular activation event (temperature) occurs.
Consider claim 6 and as applied to claim 5: The device of claim 5, wherein the ion-conducting phase change material is placed outside the liquid-activated battery and in direct contact with the liquid-activated battery.
Euliano discloses embodiments discloses that an electrolyte material in solid form may be placed on or with the sensor, and which will activate the sensor when it melts [Para. 0166].
Lee, moreover, discloses a structure in which surface tension or capillary force draws the electrolyte through slits to enter the battery structure through slits [Fig. 1; Para. 0082-0083].
Consider claim 7 and as applied to claim 5: The device of claim 5, wherein the ion-conducting phase change material is placed inside the liquid-activated battery and/or in direct contact with the liquid-activated battery.
Luehrs discloses the PCM electrolyte disposed inside the battery between the cathode and anode [Luehrs: Claim 1].
Claims 10-12 and 15 are rejected under 35 USC §103 as unpatentable over Euliano et al. (United States Patent Application Publication # US 2019/0008698 A1), hereinafter Euliano, and which incorporates Birt (US 4,185,143) and McCarter (US 5,395,707) by reference, Lee (United States Patent Application Publication # US 2008/0038588 A1) and Simon et al. (United States Patent Application Publication # US 2009/0042066 A1), hereinafter Simon, and further in view of Huppert et al (United States Patent Application Publication # US 2016/0287177 A1), hereinafter Huppert.
Consider claim 10 and as applied to claim 1: The device of claim 1, wherein the electronics module additionally comprises one or more sensors that record a physical or chemical environmental magnitude when the electronics module is powered up.
Euliano discloses memory and storage of sensed parameters, [Fig. 18; Para. 0130-0136], but not disclose that the memory is incorporated in the sensor device itself. This is known in analogous prior art, and for example:
Huppert discloses a conformal sensor system for sensing and analysis of cardiac activity [Title; Abstract; Fig. 1, 2, 4, 6; Para. 0002, 0007] and embodiments in which the conformal sensor includes one or more sensors (104, 416, 518, 520, 522, 602) for measuring various parameters and a memory (105,402, 504, 622) in which measured data may be stored [Fig. 1A,B, 4-6; Para. 0055-0057, 0060, 0069-0073].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to provide one or more sensors to measure one or more parameters and a memory in which to store measured values, as taught by Huppert, and applied to Euliano as modified by Lee and Simon, in order that monitored parameters may be collected and saved until the device is able to communicate to an external system.
Consider claim 11 and as applied to claim 1: The device of claim 1, wherein the electronics module additionally comprises a memory that records information when the electronics module is powered up. This claim is rejected based on the same references, citations and analysis as for claim 10, and as applied to claim 1.
Consider claim 12 and as applied to claim 1: The device of claim 1, wherein the electronics module additionally comprises one or more actuators that are activated when the electronics module is powered up.
Euliano does not disclose an actuator on the sensor device itself. This was known in analogous prior art, however, and for example:
Huppert discloses a conformal sensor system for sensing and analysis of cardiac activity [Title; Abstract; Fig. 1, 2, 4, 6; Para. 0002, 0007] and embodiments in which the conformal sensor includes a therapeutic element (108) (broadly an actuator) for providing a response, such as administering a medication [Fig. 1B; Para. 0009, 0011, 0060, 0120, 0137; Claim 2].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to provide a therapeutic element which may be activated to provide (actuate) a response according to measured parameters, as taught by Huppert, and applied to Euliano as modified by Lee and Simon, in order that the sensor device may also provide a corrective response.
Consider claim 15 and as applied to claim 1: The device of claim 1, wherein the electronics module additionally comprises a geolocalizer that geolocalizes the device when the electronics module is powered up.
Euliano discloses that a companion transceiver (202) may comprise a GPS (localizer) device (132) , [Fig. 18; Para. 0146], allowing location information to be collected for storage and/or analysis, but not disclose that the memory is incorporated in the sensor device itself. This is known in analogous prior art, and for example:
Huppert discloses a conformal sensor system for sensing and analysis of cardiac activity [Title; Abstract; Fig. 1, 2, 4, 6; Para. 0002, 0007] and embodiments in which the conformal sensor includes a GPS receiver and/or other localization device in order to collect location as metadata for storage and /or analysis with the measured sensor data [Fig. 10A,B; Para. 0093].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to provide a GPS or equivalent element, as taught by Huppert, and applied to Euliano as modified by Lee and Simon, to collect location as metadata relating to measured sensor data.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Edwards et al. (U.S. Patent # US 3,324,464 A) disclosing fire alarms.
Birt et al. (U.S. Patent # US 4,185,143 A) disclosing water activated batteries.
McCarter et al. (U.S. Patent # US 5,395,707 A) disclosing an environmentally safe water-activated battery.
Broer et al. (U.S. Patent Application Publication # US 2011/0070469 A1) disclosing supply of power to a micro-system.
Ortega et al. (U.S. Patent Application Publication # US 2020/0400596 A1) disclosing a device and method for sensing the conductivity of a fluid.
Bojorquez et al. (U.S. Patent Application Publication # US 2021/0220821 A1) disclosing a method for controlling timing of events in a microfluidic device and a timer microfluidic device.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685
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