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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The terms “hot temperature range” and “cold temperature range” in claims 7 and 8 are relative terms which render the claims indefinite. The term “terms “hot temperature range” and “cold temperature range” are not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Note that Applicant’s specification does not provide a standard or definition for the temperature ranges that the liquid crystals are in the nematic stage, smectic state, a solid phase or a liquid phase; see Applicant’s specification [0028].
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-4, 6-9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lerner (US 2003/0006227).
Regarding claim 1, Lerner discloses a hot-button type heat alert safety device attachable to a surface for warning individuals that the surface is hot, comprising a thermochromic composition and a button-shaped container for housing the composition, which corresponds to a thermotropic shell, see abstract. The device is removably attachable to any hot metal, glass or other suitable surface, including tea kettles, which correspond to kitchen utensils [0047 & 0048]. The reference further discloses that the thermochromic composition undergoes and maintains a readily perceptible color change whenever the temperature of the hot surface exceeds a predetermined temperature, see abstract. The container is made of a heat transmitting or conducting substance capable of being transparent such as any of a variety of heat conducting glassware products sold under the name “Pyrex” (which corresponds to a glass shell) or any heat transmitting plastic that is capable of being transparent [0126].
Additionally, the reference discloses that the thermochromic compositions includes liquid crystals [0025]. The thermochromic material turns red whenever the temperature exceeds 115 degrees Fahrenheit and remains red unless the temperature fails below this value, which corresponds to a plurality of colors with a distinct color indicating a distinct temperature range from about -30°C to about 115°C [0089]. Note that the reference is considered to disclose one color for the temperatures 115°F (or 46°C) and below and one color for temperature above 115°F (or 46°C).
Regarding claim 2, the reference discloses a distinct color for each temperature range, see above discussion and [0025].
Regarding claim 3, the limitation of temperature ranges generated from contact of the utensil with a plurality of foods is considered intended use and is not further limiting in so far as the structure of the product is concerned. In article claims, a claimed intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. MPEP § 2111.02. Further, given the reference discloses the structure of the claimed invention, the heat alert safety device of Lerner is deemed capable of functioning as per the claimed limitations, see above discussion.
Regarding claim 4, the reference discloses the housing as Pyrex, which corresponds to a crystal shell [0126].
Regarding claim 6, the reference discloses the surface with the safety device as metal, which corresponds to a metal utensil [0094].
Regarding claims 7 and 8, given the thermotropic composition comprising the same material as claimed, i.e. liquid crystals, it is expected to have the same properties when exposed to hot and cold temperatures, see above discussion and MPEP 2112.01 II “if the composition is physically the same, it must have the same properties.”
Regarding claim 9, the reference discloses the heat alert safety device as attached to the surface of a kitchen utensil using adhesive [0133].
Regarding claim 19, Lerner discloses a hot-button type heat alert safety device attachable to a surface for warning individuals that the surface is hot, comprising a thermochromic composition and a button-shaped container for housing the composition, which corresponds to a thermotropic shell, see abstract. The device is removably attachable to any hot metal, glass or other suitable surface, including tea kettles, which correspond to kitchen utensils [0047 & 0048]. The reference further discloses that the thermochromic composition undergoes and maintains a readily perceptible color change whenever the temperature of the hot surface exceeds a predetermined temperature, see abstract. The container is made of a heat transmitting or conducting substance capable of being transparent such as any of a variety of heat conducting glassware products sold under the name “Pyrex” (which corresponds to a glass shell) or any heat transmitting plastic that is capable of being transparent [0126].
Additionally, the reference discloses that the thermochromic compositions includes liquid crystals [0025]. The thermochromic material turns red whenever the temperature exceeds 115 degrees Fahrenheit and remains red unless the temperature fails below this value, which corresponds to a plurality of colors with a distinct color indicating a distinct temperature range from about -30°C to about 115°C [0089]. Note that the reference is considered to disclose one color for the temperatures 115°F (or 46°C) and below and one color for temperature above 115°F (or 46°C).
Note that the limitation of temperature ranges generated from contact of the utensil with a plurality of foods is considered intended use and is not further limiting in so far as the structure of the product is concerned. In article claims, a claimed intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. MPEP § 2111.02. Further, given the reference discloses the structure of the claimed invention, the heat alert safety device of Lerner is deemed capable of functioning as per the claimed limitations, see above discussion.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Lerner (US 2003/0006227) as applied to claim 1 above, and further in view of Ellison et al. (US 2006/0135341).
Lerner discloses a heat alert safety device comprising a glass shell, see above discussion. The reference, however, fails to disclose the glass as quartz.
Ellison discloses quartz glass-ceramics as commonly used in consumer product applications such as cookware where high thermal shock resistance is of value [0027].
It would have been obvious to one of ordinary skill in the art at the time of the invention for the container of the heat alert safety device to comprise quartz as a known material used in cookware where high thermal shock resistance is of value.
Claims 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lerner (US 2003/0006227) as applied to claim 1 above, and further in view of Elele (US 5,720,555).
Lerner discloses a heat alert safety device comprising a thermochromic composition that changes color when the device is above a predetermined temperature, see above discussion.
The reference, however, fails to disclose seven colors associated with seven different temperature ranges.
Elele discloses a temperature indicating container apparatus with a thermochromic composition juxtaposed against an outside surface of the inner container portion, see abstract. The reference further discloses that the thermochromic substance can be selected from a group that has multiple color changes (from blue to violet, red and yellow as temperature increases), see col. 5 lines 40-54.
It would have been obvious to one of ordinary skill in the art at the time of the invention for the thermochromic material of Lerner to have multiple color changes as the temperature increases in order to provide a more accurate indicator of the temperature. While the references do not specifically disclose the claimed number of color changes with specific colors for specific temperature ranges, it would have been an obvious matter of design choice given a change in colors and duplication of parts is generally recognized as being within the level of ordinary skill in the art, see MPEP 2144.04 I and VI.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lerner (US 2003/0006227) in view of Quintero (US 2019/0298616).
Lerner discloses a hot-button type heat alert safety device attachable to a surface for warning individuals that the surface is hot, comprising a thermochromic composition and a button-shaped container for housing the composition, which corresponds to a thermotropic shell, see abstract. The device is removably attachable to any hot metal, glass or other suitable surface, including tea kettles, which correspond to kitchen utensils [0047 & 0048]. The reference further discloses that the thermochromic composition undergoes and maintains a readily perceptible color change whenever the temperature of the hot surface exceeds a predetermined temperature, see abstract. The container is made of a heat transmitting or conducting substance capable of being transparent such as any of a variety of heat conducting glassware products sold under the name “Pyrex” (which corresponds to a glass shell) or any heat transmitting plastic that is capable of being transparent [0126].
Additionally, the reference discloses that the thermochromic compositions includes liquid crystals [0025]. The thermochromic material turns red whenever the temperature exceeds 115 degrees Fahrenheit and remains red unless the temperature fails below this value, which corresponds to a plurality of colors with a distinct color indicating a distinct temperature range from about -30°C to about 115°C [0089]. Note that the reference is considered to disclose one color for the temperatures 115°F (or 46°C) and below and one color for temperature above 115°F (or 46°C).
The reference fails to disclose the kitchen utensil as a bottle nipple.
Quintero discloses a thermochromatic baby bottle comprising a nipple which may have one or more thermochromic elements disposed on, in or attached to it, see abstract.
It would have been obvious to one of ordinary skill in the art at the time of the invention for the heat alert safety device to be provide on the nipple of a bottle in order to provide information regarding the temperature of the contents therein.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lerner (US 2003/0006227) as applied to claim 19 above, and further in view of LaGuardia et al. (US 2007/0053406).
Lerner discloses a heat alert safety device comprising a thermochromic composition that changes color when the device is above a predetermined temperature, see above discussion.
The reference, however, fails to disclose the utensil as selected from the claimed group.
LaGuardia discloses a temperature-indicating container that is safe for handling hot liquids, inexpensive and easy to product and accurate in measuring the temperature of the liquid inside cup [0014].
It would have been obvious to one of ordinary skill in the art at the time of the invention for the heat alert safety device to be provided on a cup in order to allow consumer to make an individual decision as to what temperature, temperature range or degree of hotness is best for them to consume the contents of the cup or container, see LaGuardia [0016].
Conclusion
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/LAURA A AUER/Primary Examiner, Art Unit 1783