DETAILED ACTION
8128Notice 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 .
Response to Amendment
This action is responsive to correspondence filed February 25, 2026.
Claims 1-20 are currently pending. Claims 1 and 4 have been amended. Entry of this amendment is accepted and made of record.
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 1-13, 15-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Minowa Mashahiro (JP 2006130664A) (hereinafter Minowa Mashahiro) in view of Duarte et al. (US 2022/0012555) (hereinafter Duarte).
Regarding claim 1, Minowa Mashahiro teaches an article for association with a target generating infrared radiation, the article comprising:
a body (medical wristband) (30a): comprising a first portion having a first opacity to the infrared radiation (portion comprising invisible ink) (see page 4, lines 5-11 and page 6, lines 1-4). Further teaches an identifiable pattern to distinguish the target without one or more alphanumerical characters (medical information of the patient, QR code, barcode) (see Figure 7 and page 5, lines 58-63).
However, Minowa Mashahiro does not explicitly teach defining a second portion having a second opacity to the infrared radiation smaller than the first opacity; the second portion having at least one opening therethrough indicative of a predetermined identifier of the article, wherein 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 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.
Duarte teaches defining a second portion having a second opacity (first opaque layer (6) in Figures 1A-1C, 1F, 1E and 1H; first primer layer (4) in Figures 1D and 1G) to the infrared radiation smaller than the first opacity (first pattern) (5) (see paragraphs 0089-0096 and Figures 1A-1H); the second portion (first opaque layer) (6) having at least one opening therethrough (opening occupied by first pattern (5)) indicative of a predetermined identifier of the article (barcodes and/or QR codes) (see paragraphs 0002 and 0104), wherein a difference in the first opacity of the first portion (first pattern) (5) and the second opacity of the at least one opening of the second portion (first opaque layer (6) in Figures 1A-1C, 1F, 1E and 1H; first primer layer (4) in Figures 1D and 1G) defines a mask for infrared radiation generated by the target (see paragraphs 0104-0105), an identifiable pattern (barcodes and/or QR codes) to distinguish the target without one or more alphanumerical characters (see paragraph 0104).
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 Minowa Mashahiro with defining a second portion having a second opacity to the infrared radiation smaller than the first opacity; the second portion having at least one opening therethrough indicative of a predetermined identifier of the article, wherein 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 a mask for infrared radiation generated by the target, an identifiable pattern (barcodes and/or QR codes) to distinguish the target without one or more alphanumerical characters 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.
A change in ornamental design having no mechanical function is an aesthetic design consideration within the skill of the art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Where the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement, the particular arrangement is deemed to have been a design consideration within the skill of the art. In re Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 9 (CCPA 1975).
Regarding claim 2, Minowa Mashahiro further teaches the target including a human subject (patient) (see page 5, lines 58-63).
Regarding claim 3, Minowa Mashahiro further teaches the body being a wristband (medical wristband) (30a) (see Figure 7).
Regarding claim 4, Minowa Mashahiro in view of Duarte teaches all the limitations of claim 1, and further teaches the body (component) (1) comprising a core material defining the first portion (fist pattern) (5) (see Duarte; Figure 1A).
Regarding claim 5, Minowa Mashahiro in view of Duarte teaches all the limitations of claim 4, and further teaches a shape of the at least one opening corresponds to the predefined identifier (opening on first opaque layer (6), the opening being occupied by first pattern (5)) ( “identifying information associated with the component based on the identified pattern”; see Duarte; paragraph 0098) (see Duarte; Figures 1A-1H and 3)
Regarding claim 6, Minowa Mashahiro in view of Duarte teaches all the limitations of claim 4, and further teaches the body (component) (1) including a plurality of openings therethrough defining the second portion (component (1) having an openings on first opaque layer (6), the openings being occupied by first pattern (5) and second pattern (8)) (see Duarte; paragraph 0091 and Figure 1C).
Regarding claim 7, Minowa Mashahiro in view of Duarte teaches all the limitations of claim 6, and further teaches relative positions of the openings corresponding to the predefined identifier (component (1) having an openings on first opaque layer (6), the openings being occupied by first pattern (5) and second pattern (8)) (see Duarte; paragraph 0091 and Figure 1C) ( “identifying information associated with the component based on the identified pattern”; see Duarte, paragraph 0098) (see Duarte, Figures 1A-1H and 3)
Regarding claim 8, Minowa Mashahiro in view of Duarte further teaches a clasping mechanism distinct from the opening (“the protruding pin 56 of the stopper 55 is passed through the two holes 50 provided at the left end of the medical wristband 30a. Two of the provided circular holes 51 having a plurality of circular shapes are penetrated. Thereafter, the stopper 55 is bent and fixed by connecting the connecting portions 57a and 57b”; see Minowa Mashahiro, page 5, lines 55-57).
Regarding claim 9, Minowa Mashahiro in view of Duarte teaches all the limitations of claim 1, and further teaches the body (component) (1) comprising: a core material having a first region with a first thickness defining the first portion (first pattern) (5), and a second region with a second thickness defining the second portion (first opaque layer) (6) (see Duarte, Figures 1A-1C and 1H).
Regarding claim 10, Minowa Mashahiro as modified by Duarte teaches all the limitations of claim 1, and further teaches the body (component) (1) comprising: a core material defining the second portion (first opaque layer) (6); and a second material having a greater infrared opacity than the core material, the second material defining the first portion (first pattern) (5) (see Duarte, Figure 1H and paragraph 0096).
Regarding claim 11, Minowa Mashahiro as modified by Duarte teaches all the limitations of claim 10, and further teaches a layer of the second material (first pattern) (5) is embedded in the core material (see Duarte, Figures 1A-1F and 1H).
Regarding claim 12, Minowa Mashahiro as modified by Duarte teaches all the limitations of claim 10, Minowa Mashahiro further teaches second material (invisible ink) being deposited on an outer surface of the core material (“a printing device that prints personal medical information on the surface of a medical wristband, and includes a first printing unit that prints with visible ink, and visible light”; see Minowa Mashahiro, page 2, lines 46-50).
Regarding claim 13, Minowa Mashahiro as modified by Duarte teaches all the limitations of claim 12, Minowa Mashahiro further teaches the second material including a printed material (“a printing device that prints personal medical information on the surface of a medical wristband, and includes a first printing unit that prints with visible ink, and visible light”; see Minowa Mashahiro, page 2, lines 46-50).
Regarding claim 15, Minowa Mashahiro as modified by Duarte teaches all the limitations of claim 1, further comprising 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 Minowa Mashahiro, Figures 6 and 7).
Regarding claim 16, Minowa Mashahiro as modified by Duarte teaches all the limitations of claim 15, 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).
Regarding claim 17, Minowa Mashahiro as modified by Duarte teaches all the limitations of claim 16, wherein the data carrier includes a barcode (barcode) (48) (see Minowa Mashahiro, Figures 6 and 7).
Regarding claim 20, Minowa Mashahiro further teaches a contour of the first portion corresponding to the predefined identifier (portion comprising invisible ink indicating medical information of the patient) (see Minowa Mashahiro, page 4, lines 5-11, page 5, lines 58-63 and page 6, lines 1-4).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Minowa Mashahiro in view of Duarte in further view of McKiernan et al. (US 2008/0086103) (hereinafter McKiernan).
Regarding claim 14, Minowa Mashahiro as modified by Duarte teaches all the limitations of 1.
However, Minowa Mashahiro as modified by Duarte does not explicitly teach 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.
McKiernan teaches the body (temperature sensor) (26) comprising: a core material (substrate layer) (32); and a layer of a second material (temperature-sensitive layer) (34) having a first region with a first thickness defining the first portion (see Figure 7B), and a second region with a second thickness defining the second portion (layer) (36) (see Figure 7B and paragraph 0054), the second material (temperature-sensitive layer) (34) comprising a thermalchromic dye configured to change color when exposed to heat (see paragraph 0057).
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 comprising: 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 as thought by McKiernan. One would be motivated to make this combination in order to monitor the temperature of a patient.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Minowa Mashahiro in view of Duarte in further view of Kotik et al. (US 2007/0028495) (hereinafter Kotik).
Regarding claim 18, Minowa Mashahiro as modified by Duarte teaches all the limitations of claim 15.
However, Minowa Mashahiro as modified by Duarte 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 a 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, Minowa Mashahiro as modified by Duarte 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).
Response to Arguments
Applicant's arguments filed February 25, 2026 have been fully considered but they are not persuasive.
Applicant argues in page 1-3 of the Remarks that: “the wrist band 30a of Mashahiro is “designed so that many pieces of medical information 41-46 are displayed as character information.” See Mashahiro at ¶ 48. Therefore, the “medical information” of Mashahiro cannot disclose the “mask” of claim 1 because the medical information does not “correspon[d] to an identifiable pattern to distinguish the target without one or more alphanumerical characters,” as required by claim 1. Duarte does not cure the deficiencies of Mashahiro as discussed above. Applicant respectfully requests withdrawal of the rejection to independent claim 1 and the allowance thereof.”
This argument is not persuasive.
The Examiner respectfully submits that Mashahiro teaches visible and invisible ink to provide patient information and further discloses “the privacy of the patient is protected by printing predetermined information with invisible ink and confirming the information by irradiating with ultraviolet rays or infrared rays” in page 5, lines 58-63 and further teaches an identifiable pattern to distinguish the target without one or more alphanumerical characters (medical information of the patient, QR code, barcode) (see Figure 7 and page 5, lines 58-63).
Duarte teaches defining a second portion having a second opacity (first opaque layer (6) in Figures 1A-1C, 1F, 1E and 1H; first primer layer (4) in Figures 1D and 1G) to the infrared radiation smaller than the first opacity (first pattern) (5) (see paragraphs 0089-0096 and Figures 1A-1H); the second portion (first opaque layer) (6) having at least one opening therethrough (opening occupied by first pattern (5)) indicative of a predetermined identifier of the article (barcodes and/or QR codes) (see paragraphs 0002 and 0104), wherein a difference in the first opacity of the first portion (first pattern) (5) and the second opacity of the at least one opening of the second portion (first opaque layer (6) in Figures 1A-1C, 1F, 1E and 1H; first primer layer (4) in Figures 1D and 1G) defines a mask for infrared radiation generated by the target (see paragraphs 0104-0105), an identifiable pattern (barcodes and/or QR codes) to distinguish the target without one or more alphanumerical characters (see paragraph 0104).
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 Minowa Mashahiro with defining a second portion having a second opacity to the infrared radiation smaller than the first opacity; the second portion having at least one opening therethrough indicative of a predetermined identifier of the article, wherein 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 a mask for infrared radiation generated by the target, an identifiable pattern (barcodes and/or QR codes) to distinguish the target without one or more alphanumerical characters 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.
The Examiner respectfully submits that barcodes and QR codes are used to provide information and to distinguish the target without one or more alphanumerical characters (see Duarte; paragraph 0104). Therefore, Mashahiro in view of Duarte meet the claimed language of newly amended claim 1.
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 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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/JANICE M SOTO/ Examiner, Art Unit 2855
/JOHN E BREENE/ Supervisory Patent Examiner, Art Unit 2855