DETAILED ACTION
Response to Amendment
Applicant's amendment filed 9/4/2026 has been entered. Currently, claims 1, 2, 5-14 and 18-22 are pending, claims 3, 4 and 15-17 are canceled, claims 21 and 22 are new and claims 2, 6-14 and 18-20 are withdrawn.
Election/Restrictions
Applicants have canceled the elected species a.iv of “only the compound B4” as such the Examiner has extended the search and is rejoining the species of a.v of “only a compound according to formula B5”.
As such, claims 21 and 22 are withdrawn as being drawn to an unelected species.
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 composition may also include 2-hydroxy-4-methoxybenzophenone as a light stabilizer, which reads on applicants’ formula B5 and will also intrinsically act as an electron-accepting compound in the composition (col. 6, lines 61-63, col. 8, lines 52-55 and col. 16, lines 1-10); 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 the light stabilizer 2-hydroxy-4-methoxybenzophenone as these materials are taught in the prior art as being proper for the electron donating compound (a) and the light stabilizer. 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 9/4/2026, with respect to the previous rejection of compound B4 based on 4-isopropoxy-4’-hydroxydiphenyl sulfone in Fujita et al. have been fully considered and are persuasive. The relevant rejections have been withdrawn.
Applicant's arguments filed 9/4/2026 have been fully considered but they are not persuasive.
Applicants argue that their amendment deleting compound B4 has overcome Fujita et al., and therefore the claims are in condition for allowance.
The Examiner respectfully disagrees and notes that since the elected species of “only a compound according to B4” has been canceled, the Examiner has extended the search to the species of only a compound according to B5. Fujita et al. (5,879,438) also render obvious this species for the reasons noted above. While the reference refers to the 2-hydroxy-4-methoxybenzophenone as a light stabilizer, given the fact that the compound is identical to formula B5, this compound will intrinsically perform as an electron-accepting compound to some extent when present in the composition.
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.
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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