DETAILED ACTION
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 17, 2026 has been entered.
Claims 1-20 are currently pending. Claim 1 has been amended. Entry of this amendment is accepted and made of record.
Claim Rejections - 35 USC § 102
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.
Claims 1-8 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zanjani (US 2021/0330191) (hereinafter Zanjani).
Regarding claim 1, Zanjani teaches an article for association with a target generating infrared radiation, the article comprising: a body (wearable indicator device) (10, 110, 210):
(i) comprising a first portion (first surface) (18, 118) having a first opacity to the infrared radiation (see Figures 1A-1C and paragraph 0063) and
(ii) defining a second portion having a second opacity to the infrared radiation (support structure 12, 112, 212 including an opening to hold the visual temperature indicator 14, 114, 214 proximate to the wearer's skin) (see paragraph 0052) smaller than the first opacity (Note: the opening has null opacity) (the device 10, 110, 210 can be positioned against the skin, such that at least a portion of the visual temperature indicator 14, 114, 214 directly contacts the wearer's skin. In other examples, there may be a gap or empty space between the visual temperature indicator 14, 114, 214 and the skin. In other examples, there may be another structure, such as a paper or plastic layer, film, or cover, between the visual temperature indicator 14, 114, 214 and the skin) (see paragraph 0052), the second portion having at least one opening (see Figures 1A-1C) therethrough indicative of a predefined identifier (indicator) (14, 114, 214) of the article (see paragraph 0052), wherein the second opacity allows passage of a greater proportion of the infrared radiation generated by the target through the at least one opening of the second portion than the first opacity allows through the first portion (see paragraph 0052), such that a difference in the first opacity of the first portion and the second opacity of the at least one opening of the second portion defines, on a surface of the body opposite the target (skin), a mask for infrared radiation generated by the target (skin), the mask corresponding to an identifiable pattern (icon) to distinguish the target without one or more alphanumerical characters (see paragraph 0057).
Regarding claim 2, Zanjani teaches wherein the target includes a human subject (see Figure 3c and paragraph 0074).
Regarding claim 3, Zanjani further teaches wherein the body is selected from a group comprising: a wristband (see Figures 7, 6A-6B and 7 and paragraphs 0054, 0074 and 0085) and a headwear (see Figures 3A-3C and 4-5 and paragraph 0085).
Regarding claim 4, Zanjani further teaches the body (wearable indicator device) (10, 110, 210): comprises a core material (polymeric substrate) defining the first portion (first surface) (18, 118) (see paragraph 0072).
Regarding claim 5, Zanjani further teaches a shape of the at least one opening corresponds to the predefined identifier (indicator) (14, 114, 214) (see Figures 1A-1C).
Regarding claim 6, Zanjani further teaches (Original) The article of claim 4, wherein the body includes a plurality of openings therethrough defining the second portion (see Figures 12A-12C).
Regarding claim 7, Zanjani relative positions of the openings correspond to the predefined identifier (indicator) (214) (see Figures 12A-12C).
Regarding claim 8, Zanjani further teaches comprising a clasping mechanism distinct from the opening (see clasping mechanism in Figure 6A).
Regarding claim 20, Zanjani further teaches a contour of the first portion corresponds to the predefined identifier (indicator) (14, 114, 214) (see Figures 1A-1C).
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McKiernan et al. (US 2008/0086103) (hereinafter McKiernan).
Regarding claim 1, McKiernan teaches an article for association with a target generating infrared radiation, the article comprising: a body (sensor) (26):
(i) comprising a first portion (substrate layer) (32) having a first opacity (black) to the infrared radiation (see paragraph 0054 and 0060)
(ii) defining a second portion (layer) (36) having a second opacity (partially transparent) to the infrared radiation smaller than the first opacity (see paragraph 0061), the second portion (layer) (36) having at least one opening therethrough indicative of a predefined identifier (temperature sensitive layer) (34) of the article, wherein the second opacity allows passage of a greater proportion of the infrared radiation generated by the target through the at least one opening of the second portion (layer) (36) than the first opacity allows through the first portion (see paragraphs 0060-0061 and Figures 7A-7B), such that a difference in the first opacity of the first portion and the second opacity of the at least one opening of the second portion defines, on a surface of the body opposite the target, a mask for infrared radiation generated by the target, the mask corresponding to an identifiable pattern to distinguish the target without one or more alphanumerical characters (overlayment layer 36 may be printed to form one or more indicia) (see paragraph 0062 and Figures 9A-9B).
Regarding claim 9, McKiernan teaches the body (sensor) (26) comprises: a core material having a first region with a first thickness defining the first portion (substrate layer) (32), and a second region with a second thickness defining the second portion (layer) (36) (see Figures 7a-7b).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 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, 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 for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zanjani in view of Minowa Mashahiro (JP 2006130664A) (hereinafter Minowa Mashahiro).
Regarding claim 15, Zanjani teaches all the limitations of claim 1.
However, Zanjani does not explicitly teach a data carrier including a target identifier corresponding to the identification target, the target identifier being distinct from the predefined identifier of the article.
Minowa Mashahiro teaches all the limitations of claim 12, Minowa Mashahiro further teaches a data carrier (barcode) (48) including a target identifier (code information) corresponding to the identification target (see Figures 6 and 7), the target identifier (code information) being distinct from the predefined identifier of the article (see Figures 6 and 7).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the article as taught by Zanjani with a data carrier including a target identifier corresponding to the identification target, the target identifier being distinct from the predefined identifier of the article as taught by Minowa Mashahiro. One would be motivated to make this combination in order to provide name and medical information of the patient while maintaining the patient’s privacy.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zanjani in view of Minowa Mashahiro as applied to claim 15 above, and in further view of Duarte et al. (US 2022/0012555) (hereinafter Duarte).
Regarding claim 16, Zanjani as modified by Minowa Mashahiro teaches all the limitations of claim 15.
However, Zanjani as modified by Minowa Mashahiro does not explicitly teach the data carrier comprises a layer overlaid on the second portion of the body, wherein the layer has a third opacity to the infrared radiation that is equal to or smaller than the second opacity.
Duarte further teaches the data carrier comprising a layer (first visibly opaque layer) (6) overlaid on the second portion (first primer layer) (4) of the body (component) (1), wherein the layer has a third opacity to the infrared radiation that is equal to or smaller than the second opacity (see Duarte; Figures 1D and 1G and paragraphs 0092 and 0095).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the data carrier as taught by the prior combination with a layer overlaid on the second portion of the body, wherein the layer has a third opacity to the infrared radiation that is equal to or smaller than the second opacity as taught by Duarte. One would be motivated to make this combination in order to conceal multiple patterns that are only visible at different infrared wavelengths (e.g. visible to an infrared detector), allowing to maintain data privacy for the patient.
Regarding claim 17, Zanjani as modified by Minowa Mashahiro and Duarte teaches all the limitations of claim 16, wherein the data carrier includes a barcode (barcode) (48) (see Minowa Mashahiro, Figures 6 and 7)
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zanjani in view of Minowa Mashahiro as applied in claim 15 above, and in further view of Kotik et al. (US 2007/0028495) (hereinafter Kotik).
Regarding claim 18, the prior combination teaches all the limitations of claim 15.
However, Zanjani as modified by Minowa Mashahiro does not explicitly teach the body including a core material; and wherein the data carrier includes a radio-frequency identification (RFID) device embedded in the core material.
Kotik teaches the body (identification band) (10) including a core material (adhesive material) (22); and wherein the data carrier includes a radio-frequency identification (RFID) device (RFID) (16) embedded in the core material (adhesive material) (22) (see paragraphs 0019-0020 and Figures 1 and 4).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the article for association with a target generating infrared radiation as taught by the prior combination with the body including a core material; and wherein the data carrier includes a radio-frequency identification (RFID) device embedded in the core material as taught by Kotik. One would be motivated to make this combination to enable efficient identification, tracking and management of a patient or medication, by automating data collection.
Regarding claim 19, Zanjani as modified by Minowa Mashahiro and Kotik teaches all the limitations of claim 18, and further teaches the body defines the second portion (identification band) (10), and the RFID device defines the first portion (RFID) (16) (see Kotik; paragraphs 0019-0020 and Figures a and 4).
Allowable Subject Matter
Claims 10-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 10, the closest prior art alone or in combination fails to teach or render obvious the specific limitation of wherein the body comprises: a core material defining the second portion; and a second material having a greater infrared opacity than the core material, the second material defining the first portion.
Claims 11-13 depend on claim 10, the claims are allowable at least for the same reasons as to claim 10.
Regarding claim 14, the closest prior art alone or in combination fails to teach or render obvious the specific limitation of wherein the body comprises: a core material; and a layer of a second material having a first region with a first thickness defining the first portion, and a second region with a second thickness defining the second portion, the second material comprising a thermalchromic dye configured to change color when exposed to heat.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection necessitated by amendment.
Regarding Applicant’s arguments in page 4 of the Remarks that: “the stated rationale by the Office Action for combining Mashahiro and Duarte is that a person of ordinary skill would have been motivated to make the combination "in order to conceal multiple patterns that are only visible at different infrared wavelengths." Applicant respectfully submits that this rationale is deficient. The proffered motivation is drawn from Duarte's own object of concealing patterns for detection under externally supplied, multi-wavelength infrared illumination, and it bears no relationship to the problem addressed by the claimed invention (e.g., distinguishing an infrared-emitting target (such as a worker) in images captured by an infrared camera by masking the target's own emitted radiation). The Office Action has not articulated why a person of ordinary skill, starting from Mashahiro's medical wristband printing system whose invisible ink is read under external UV or IR illumination, would have been led to reconfigure the wristband so as to mask infrared radiation generated by the wearer. The rationale therefore amounts to no more than a conclusory statement and lacks the required articulated reasoning with some rational underpinning.”
This argument is not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the Examiner did not set forth combining Mashahiro and Duarte to reconfigure the wristband as taught by Mashahiro so as to mask infrared radiation generated by the wearer.
In the instant rejection Duarte is used only as a secondary to the data carrier as taught by Zanjani in view of Mashahiro with a layer overlaid on the second portion of the body, wherein the layer has a third opacity to the infrared radiation that is equal to or smaller than the second opacity, for the benefit of concealing multiple patterns that are only visible at different infrared wavelengths (e.g. visible to an infrared detector), allowing to maintain data privacy for the patient.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANICE M SOTO whose telephone number is (571)270-7707. The examiner can normally be reached M-F 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANICE M SOTO/ Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855
