DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/8/2026 has been entered.
Response to Amendment
Applicant's amendment filed 4/8/2026 has been entered. Currently, claims 1, 2, 5-14 and 18-20 are pending, claims 3, 4 and 15-17 are canceled and claims 2, 6-14 and 18-20 are withdrawn.
Election/Restrictions
Applicants have canceled the elected species a.i of “only the compound B1” as such the Examiner has extended the search and is rejoining the species of a.iv of “only a compound according to formula B4”.
Claim Rejections - 35 USC § 103
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita et al. (5,879,438).
With regard to claims 1, Fujita et al. teach a reversible thermochromic composition that may comprise an electron donating compound (a), an electron accepting compound (b) and a metachromic temperature adjuster (c) that reads on applicants’ reaction medium (c) (col. 2, lines 24-48). The electron donating compound (a) may be 2-anilino-3-methyl-6-(N-ethyl-N-p-tolylamino)fluoran, which reads on applicants’ formula (A), and the electron accepting compound (b) may be 4-isopropoxy-4'-hydroxydiphenyl sulfone, which reads on applicants’ formula B4 (col. 6, lines 61-63, col. 8, lines 52-55); however, Fujita et al. do not specifically teach a composition having a combination of these materials.
It would have been obvious to one having ordinary skill in the art to have made a combination of 2-anilino-3-methyl-6-(N-ethyl-N-p-tolylamino)fluoran with 4-isopropoxy-4'-hydroxydiphenyl sulfone as these materials are taught in the prior art as being proper for the electron donating compound (a) and the electron accepting compound (b). There would be a reasonable expectation of success in forming a working reversible thermochromic composition as these materials are all taught for that purpose. Since, the composition rendered obvious above has the same compounds as claimed, the resultant composition will intrinsically be a heat-decoloring type composition as claimed.
With regard to claim 5, composition example 30 has an anilino fluoran at 4 parts by weight to 50 parts by weight of metachromic temperature adjuster (c) (Table 12, col. 37); however, Fujita et al. do not specially teach these parts by weight for the composition rendered obvious above.
It would have been obvious to one having ordinary skill in the art to have made the 2-anilino-3-methyl-6-(N-ethyl-N-p-tolylamino)fluoran and metachromic temperature adjuster (c) be present at the same parts by weight as taught in this example as this is a known parts by weight for these materials in forming a working composition, which would be a mass ratio of 1:12.5. There would be a reasonable expectation of success in forming a working reversible thermochromic composition using these parts by weight.
Response to Arguments
Applicant’s arguments, see Remarks, filed 3/11/2026 and 4/8/2026, with respect to the previous 112(a) rejection and the rejections based on Mathiaparanam and Ono et al. have been fully considered and are persuasive. The relevant rejections have been withdrawn.
Applicant's arguments filed 3/11/2026 and 4/8/2026 have been fully considered but they are not persuasive.
Applicants argue that since they have overcome Ono et al., the claims are in condition for allowance.
The Examiner respectfully disagrees and notes that since the elected species of “only a compound according to B1” has been canceled, the Examiner has extended the search to the species of only a compound according to B4. Fujita et al. (5,879,438) render obvious this species for the reasons noted above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERARD T HIGGINS whose telephone number is (571)270-3467. The examiner can normally be reached M-F 9:30-6pm.
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/Gerard Higgins/Primary Examiner, Art Unit 1785
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