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 .
Response to Amendment
The amendment filed December 8th, 2025 has been entered. Claims 1-7, 9-11, 14-16, and 18 remain pending in the application. Claim 8 has been cancelled by the applicant. Applicant’s amendments to the claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed September 8th, 2025.
Response to Arguments
Applicant’s arguments with respect to the rejection of claim 1 under 35 U.S.C. § 102(a)(1) have been considered but are moot because the limitations of the claims have amended to add new issues. New grounds of rejection have been issued.
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.
Claims 1-2 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over De Kanter (US 3675501 A) further in view of Millman (US 20220412933 A1).
Regarding Claim 1: De Kanter in view of Millman discloses(in at least figures 1-4, the description, and the claims) a visual indicator (fig. 1, abstract, and col. 1 lines 56-71: disposable thermometer), comprising:
a plurality of enclosures (fig. 1 and col. 1 lines 56-71: “disposable thermometer of the present invention comprises a series of separate, sealed chambers such as 10, 12, 14, and 16 carried in the forward end of a housing 18”) each having a first location and a second location (fig. 1 and col. 1 line 72- col. 2 line 4: cylindrical chambers 10, 12, 14, and 16 each with a respective top and bottom end. The vertical axis between each top and bottom end is in a common direction with the magnetic poles of the magnetic particles (28, 30, 32, and 34 in chambers 10, 12, 14, and 16, respectively) when they are initially aligned in parallel. See also col. 3 lines 14-32); and
a plurality of phase change materials each disposed in a corresponding enclosure of the plurality of enclosures, wherein at least a first phase transition temperature of a first phase change material of the plurality of phase change materials is different than a second phase transition temperature of a second phase change material of the plurality of phase change materials (fig. 1 and col. 1 lines 56-71: “The chambers each contain a different temperature-sensitive material 20, 22, 24, and 26 adapted to change from a solid to a liquid state at a different predetermined temperature.”); and
a plurality of particles disposed in the plurality of enclosures (fig. 1 and col. 1 line 72 – col. 2 line 4: “Suspended in each temperature-sensitive material is a quantity of magnetized metal particles 28, 30, 32, and 34.”);
wherein corresponding particles disposed in a first location of an enclosure of the plurality of enclosures are configured to display a first visual signal and the corresponding particles disposed in a second location of the enclosure are configured to display a second visual signal (fig.’s 3-4 and column 2 lines 5 – 34: “the magnetized metal particles contained in such a liquefying temperature-sensitive material rapidly repel each other […] This provides a rapid and accurate visual indication that the thermometer has been exposed to heat above the predetermined temperature associated with the temperature-sensitive materials which have begun to liquefy […] the nurse may rapidly determine the upper limit of the temperature of the patient by viewing the chambers and detecting the disarrangement of the metal particles in various of the chambers.”), and
wherein the corresponding particles are configured to fall in response to the corresponding phase change material being in a liquid state (fig.’s 3-4 and col. 2 lines 5-52: the repulsion of the magnetic metal particles in the liquified material cause them to disarrange and move rapidly throughout their respective chambers).
De Kanter does not disclose a porous barrier.
Millman discloses an analogous visual indicator (fig.’s 4A-4D and par.’s 154-157: activatable print medium) having a porous barrier separating a respective enclosure into a first location and a second location (fig.’s 4A-4D and par’s. 154-155: activatable medium 400 includes first reactive component 420 with a high softening melting point and second reactive component 460 separated by porous barrier 440. See par. 154: “barrier 440 is a porous material with a pore size slightly smaller than the particle size of the first reactive component 420 […] The pores of the barrier 440, prior to activation, are too small to the flow of particles through the barrier 440 in the z-axis. ”), wherein the corresponding particles are configured to fall through the corresponding porous barrier in response to the corresponding phase change material being in a liquid state (fig.’s 4A-4D and par’s. 154-155: “[…] after the activatable print medium 400 has been exposed to an activation event 490, the softening or melting or other phase change of at least some of the constituents of the reactive component allow the first reactive component 420 to pass through the barrier 440 and be absorbed into the absorbent substrate of the second reactive component 460.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the porous barrier, as taught by Millman, to be included in the chambers of De Kanter to more effectively separate reactive elements prior to activation and allow the device to better control the reaction rate said elements post-activation, thereby providing an indication of cumulative temperature exposure (Millman par. 5, par. 58, and par’s. 154-155).
Regarding Claim 2: De Kanter in view of Millman discloses the visual indicator of claim 1, and De Kanter further discloses wherein the plurality of particles are magnetic particles (fig. 1 and col. 1 line 72 – col. 2 line 4: “Suspended in each temperature-sensitive material is a quantity of magnetized metal particles 28, 30, 32, and 34.”).
Regarding Claim 4: De Kanter in view of Millman discloses the visual indicator of claim 1, and De Kanter further discloses wherein:
the first visual signal from the enclosure indicates a corresponding phase change material in the enclosure is in a solid state; and the second visual signal from the enclosure indicates the corresponding phase change material in the enclosure is in a fluid state (fig.’s 3-4 and column 2 lines 5 – 34).
Regarding Claim 5: De Kanter in view of Millman discloses the visual indicator of claim 1, and De Kanter further discloses wherein the corresponding particles disposed in the first location of the enclosure comprises the corresponding particles disposed in an array pattern (fig.’s 3-4 and column 2 lines 5 – 34: array patterns of magnetized particles 28).
Regarding Claim 6: De Kanter in view of Millman discloses the visual indicator of claim 1, and De Kanter further discloses wherein each of the plurality of enclosures includes a phase change material that is different than the remaining phase change materials of the plurality of phase change materials (fig. 1 and col. 1 lines 56-71: “The chambers each contain a different temperature-sensitive material 20, 22, 24, and 26 adapted to change from a solid to a liquid state at a different predetermined temperature.”).
Claims 3, 9-11, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over De Kanter and Millman, further in view of Schneider (US 6030118 A).
Regarding Claim 3: De Kanter and Millman disclose the visual indicator of claim 2, wherein each of the plurality of enclosures includes a magnet configured to attract the corresponding particles into the first location of the corresponding enclosure (fig. 2 and col. 1 line 72 – col. 3 line 4: “a magnet 36 releasably secured to the housing 18 is included to maintain such pre-alignment and is removed from the housing 18 prior to use of the thermometer.”).
De Kanter and Millman do not explicitly disclose wherein each of the plurality enclosures includes a plurality of magnets.
Schneider discloses an analogous art (fig. 11 and abstract: temperature indicator) wherein each of a plurality enclosures (fig. 11 and col. 5 lines 3-10: halves 18 and 19) includes a plurality of magnets (fig. 11 and col. 3 lines 25-36: solid magnetizable bodies 4).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the plurality of magnets, as taught by Schneider, to be included in the indicator of De Kanter and Millman thereby strengthening the magnetic field potential that attracts the suspended particles such that, once they undergo a phase change, the particles are separated from the medium more rapidly to provide a more readily discernible indication (fig. 11 and col. 4 lines 1-16).
Regarding Claim 9: De Kanter discloses (in at least figures 1-4, the description, and the claims) a visual indicator (fig. 1, abstract, and col. 1 lines 56-71: disposable thermometer), comprising:
a support substrate configured to provide thermal conduction between the visual indicator and an object (fig. 1 and col. 1 lines 5-34: housing 18 transfers thermal energy from patient to thermometers);
a plurality of enclosures (fig. 1 and col. 1 lines 56-71: “disposable thermometer of the present invention comprises a series of separate, sealed chambers such as 10, 12, 14, and 16 carried in the forward end of a housing 18”) each having a first location and a second location (fig. 1 and col. 1 line 72- col. 2 line 4: cylindrical chambers 10, 12, 14, and 16 each with a respective top and bottom end. The vertical axis between each top and bottom end is in a common direction with the magnetic poles of the magnetic particles (28, 30, 32, and 34 in chambers 10, 12, 14, and 16, respectively) when they are initially aligned in parallel. See also col. 3 lines 14-32);
a plurality of phase change materials each disposed in a corresponding enclosure of the plurality of enclosures, wherein each of the plurality of enclosures includes a phase change material that is different than remaining phase change materials of the plurality of phase change materials (fig. 1 and col. 1 lines 56-71: “The chambers each contain a different temperature-sensitive material 20, 22, 24, and 26 adapted to change from a solid to a liquid state at a different predetermined temperature.”); and
a plurality of particles disposed in the plurality of enclosures (fig. 1 and col. 1 line 72 – col. 2 line 4: “Suspended in each temperature-sensitive material is a quantity of magnetized metal particles 28, 30, 32, and 34.”);
wherein corresponding particles disposed in the first location of an enclosure of the plurality of enclosures are configured to display a first visual signal and the corresponding particles disposed in the second location of the enclosure are configured to display a second visual signal (fig.’s 3-4 and column 2 lines 5 – 34: “the magnetized metal particles contained in such a liquefying temperature-sensitive material rapidly repel each other […] This provides a rapid and accurate visual indication that the thermometer has been exposed to heat above the predetermined temperature associated with the temperature-sensitive materials which have begun to liquefy […] the nurse may rapidly determine the upper limit of the temperature of the patient by viewing the chambers and detecting the disarrangement of the metal particles in various of the chambers.”).
wherein the corresponding particles are configured to fall in response to the corresponding phase change material being in a liquid state (fig.’s 3-4 and col. 2 lines 5-52: the repulsion of the magnetic metal particles in the liquified material cause them to disarrange and move rapidly throughout their respective chambers).
De Kanter does not disclose a porous barrier.
Millman discloses an analogous visual indicator (fig.’s 4A-4D and par.’s 154-157: activatable print medium) having a porous barrier separating a respective enclosure into a first location and a second location (fig.’s 4A-4D and par’s. 154-155: activatable medium 400 includes first reactive component 420 with a high softening melting point and second reactive component 460 separated by porous barrier 440. See par. 154: “barrier 440 is a porous material with a pore size slightly smaller than the particle size of the first reactive component 420 […] The pores of the barrier 440, prior to activation, are too small to the flow of particles through the barrier 440 in the z-axis. ”), wherein the corresponding particles are configured to fall through the corresponding porous barrier in response to the corresponding phase change material being in a liquid state (fig.’s 4A-4D and par’s. 154-155: “[…] after the activatable print medium 400 has been exposed to an activation event 490, the softening or melting or other phase change of at least some of the constituents of the reactive component allow the first reactive component 420 to pass through the barrier 440 and be absorbed into the absorbent substrate of the second reactive component 460.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the porous barrier, as taught by Millman, to be included in the chambers of De Kanter to more effectively separate reactive elements prior to activation and allow the device to better control the reaction rate said elements post-activation, thereby providing an indication of cumulative temperature exposure (Millman par. 5, par. 58, and par’s. 154-155)
De Kanter and Millman do not explicitly disclose a support substrate having thermal conduction pathways configured to provide thermal conduction between the visual indicator and an object.
Schneider discloses an analogous art (fig. 11 and abstract: temperature indicator) including a support substrate (fig. 1 and col. 19-36 lines 43: container 2) having thermal conduction pathways configured to provide thermal conduction between the visual indicator and an object (col. 1 lines 4-14: “[…] consisting of a container which has a heat-conducting connection to the goods or to the surrounding room and which contains, in its interior […].” See also fig. 6 and col. 3 lines 46- 53: “As indicated in FIG. 6, the container (2) is then brought into heat-conducting contact with the medium (1) to be tested […].” See also col. 8 lines 28-31: “For safety reasons, it may also be necessary to ensure a heat-conducting connection between a plurality of identical units”), See also fig. 15 and col. 7 lines 43-55: “the outer wall (7) may also have a multilayer form in order to keep the heat transfer to the outside low. Moreover, the heat transfer can be controlled by the size and/or thickness of the container (2), and the intermediate space can also be formed between the container and the frozen material (1).” ).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the thermal conduction pathways, as taught by Schneider, to be included in the indicator of De Kanter and Millman thereby enhancing the ability to obtain accurate temperature indications of the object and reduce the influence of non-target heat sources (col. 1 lines 4-14, fig. 6 and col. 3 lines 46- 53, col. 8 lines 28-31, fig. 15 and col. 7 lines 43-55).
Regarding Claim 10: De Kanter and Millman in view of Schneider disclose the visual indicator of claim 9, and De Kanter discloses wherein the plurality of particles are magnetic particles (fig. 1 and col. 1 line 72 – col. 2 line 4: “Suspended in each temperature-sensitive material is a quantity of magnetized metal particles 28, 30, 32, and 34.”).
Regarding Claim 11: De Kanter and Millman in view of Schneider disclose the visual indicator of claim 10, and De Kanter discloses wherein each of the plurality of enclosures includes a magnet configured to attract the corresponding particles into the first location of the corresponding enclosure (fig. 2 and col. 1 line 72 – col. 3 line 4: “a magnet 36 releasably secured to the housing 18 is included to maintain such pre-alignment and is removed from the housing 18 prior to use of the thermometer.”).
De Kanter and Millman do not explicitly disclose wherein each of the plurality enclosures includes a plurality of magnets.
Schneider discloses an analogous art (fig. 11 and abstract: temperature indicator) wherein each of a plurality enclosures (fig. 11 and col. 5 lines 3-10: halves 18 and 19) includes a plurality of magnets (fig. 11 and col. 3 lines 25-36: solid magnetizable bodies 4).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the plurality of magnets, as taught by Schneider, to be included in the indicator of De Kanter and Millman thereby strengthening the magnetic field potential that attracts the suspended particles such that, once they undergo a phase change, the particles are separated from the medium more rapidly to provide a more readily discernible indication (fig. 11 and col. 4 lines 1-16).
Regarding Claim 14: De Kanter and Millman in view of Schneider disclose the visual indicator of claim 9, and De Kanter discloses, wherein:
the first visual signal from the enclosure indicates a corresponding phase change material in the enclosure is in a solid state; and the second visual signal from the enclosure indicates the corresponding phase change material in the enclosure is in a fluid state (fig.’s 3-4 and column 2 lines 5 – 34).
Regarding Claim 15: De Kanter and Millman in view of Schneider disclose the visual indicator of claim 9, and De Kanter discloses wherein the corresponding particles disposed in the first location of the enclosure comprises the corresponding particles disposed in an array pattern (fig.’s 3-4 and column 2 lines 5 – 34: array patterns of magnetized particles 28).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over De Kanter and Millman as applied to Claim 1, further in view of Debord (US 20060061454 A1)
Regarding Claim 7: De Kanter and Millman discloses the visual indicator of claim 1, but does not disclose adhesive pads configured to removably attach the visual indicator to an object.
Debord discloses an analogous art (fig.’s 1-2 and par.’s 60-62 temperature indicator) further comprising adhesive pads configured to removably attach the visual indicator to an object (fig.’s 1-2 and par. 62: adhesive surfaces 21 and 22. See also par. 11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the adhesive pads, as taught by Debord, to be included in the indicator of De Kanter and Millman thereby increasing the functionality of the device such that it is able to be removably placed on a wide variety of target surfaces for extended periods (par.’s 11 and 62).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over De Kanter, Millman, and Schneider as applied to Claim 9, further in view of Debord (US 20060061454 A1)
Regarding Claim 16: De Kanter, Millman, and Schneider disclose the visual indicator of claim 9, and De Kanter discloses the visual indicator, but they do not disclose adhesive pads configured to removably attach the visual indicator to an object.
Debord discloses an analogous art (fig.’s 1-2 and par.’s 60-62 temperature indicator) further comprising adhesive pads configured to removably attach the visual indicator to an object (fig.’s 1-2 and par. 62: adhesive surfaces 21 and 22. See also par. 11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the adhesive pads, as taught by Debord, to be included in the indicator of De Kanter, Millman, and Schneider thereby increasing the functionality of the device such that it is able to be removably placed on a wide variety of target surfaces for extended periods (par.’s 11 and 62).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over De Kanter, Millman, and Schneider, further in view of Jensen (US 20190368944 A1).
Regarding Claim 18: De Kanter discloses (in at least figures 1-4, the description, and the claims) optical indicator (fig. 1, abstract, and col. 1 lines 56-71: disposable thermometer), comprising:
a plurality of enclosures (fig. 1 and col. 1 lines 56-71: “disposable thermometer of the present invention comprises a series of separate, sealed chambers such as 10, 12, 14, and 16 carried in the forward end of a housing 18”) each having a first location and a second location (fig. 1 and col. 1 line 72- col. 2 line 4: cylindrical chambers 10, 12, 14, and 16 each with a respective top and bottom end. The vertical axis between each top and bottom end is in a common direction with the magnetic poles of the magnetic particles (28, 30, 32, and 34 in chambers 10, 12, 14, and 16, respectively) when they are initially aligned in parallel. See also col. 3 lines 14-32);
a plurality of phase change materials each disposed in a corresponding enclosure of the plurality of enclosures, wherein each of the plurality of enclosures includes a phase change material that is different than remaining phase change materials of the plurality of phase change materials (fig. 1 and col. 1 lines 56-71: “The chambers each contain a different temperature-sensitive material 20, 22, 24, and 26 adapted to change from a solid to a liquid state at a different predetermined temperature.”); and
a plurality of particles disposed in the plurality of enclosures (fig. 1 and col. 1 line 72 – col. 2 line 4: “Suspended in each temperature-sensitive material is a quantity of magnetized metal particles 28, 30, 32, and 34.”);
wherein corresponding particles disposed in the first location of an enclosure of the plurality of enclosures are configured to display a first visual signal and the corresponding particles disposed in the second location of the enclosure are configured to display a second visual signal (fig.’s 3-4 and column 2 lines 5 – 34: “the magnetized metal particles contained in such a liquefying temperature-sensitive material rapidly repel each other […] This provides a rapid and accurate visual indication that the thermometer has been exposed to heat above the predetermined temperature associated with the temperature-sensitive materials which have begun to liquefy […] the nurse may rapidly determine the upper limit of the temperature of the patient by viewing the chambers and detecting the disarrangement of the metal particles in various of the chambers.”); and
wherein the corresponding particles are configured to fall in response to the corresponding phase change material being in a liquid state (fig.’s 3-4 and col. 2 lines 5-52: the repulsion of the magnetic metal particles in the liquified material cause them to disarrange and move rapidly throughout their respective chambers).
De Kanter does not disclose a porous barrier.
Millman discloses an analogous visual indicator (fig.’s 4A-4D and par.’s 154-157: activatable print medium) having a porous barrier separating a respective enclosure into a first location and a second location (fig.’s 4A-4D and par’s. 154-155: activatable medium 400 includes first reactive component 420 with a high softening melting point and second reactive component 460 separated by porous barrier 440. See par. 154: “barrier 440 is a porous material with a pore size slightly smaller than the particle size of the first reactive component 420 […] The pores of the barrier 440, prior to activation, are too small to the flow of particles through the barrier 440 in the z-axis. ”), wherein the corresponding particles are configured to fall through the corresponding porous barrier in response to the corresponding phase change material being in a liquid state (fig.’s 4A-4D and par’s. 154-155: “[…] after the activatable print medium 400 has been exposed to an activation event 490, the softening or melting or other phase change of at least some of the constituents of the reactive component allow the first reactive component 420 to pass through the barrier 440 and be absorbed into the absorbent substrate of the second reactive component 460.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the porous barrier, as taught by Millman, to be included in the chambers of De Kanter to more effectively separate reactive elements prior to activation and allow the device to better control the reaction rate said elements post-activation, thereby providing an indication of cumulative temperature exposure (Millman par. 5, par. 58, and par’s. 154-155).
De Kanter and Millman do not explicitly disclose a plurality of optical indicators.
Schneider discloses an analogous art (fig. 11 and abstract: temperature indicator) including a plurality of optical indicators, each including: a support substrate having thermal conduction pathways configured to provide thermal conduction between the optical indicator and an object (col. 8 lines 28-31: “For safety reasons, it may also be necessary to ensure a heat-conducting connection between a plurality of identical units.” See also col. 1 lines 4-14, fig. 6 and col. 3 lines 46- 53, and col. 7 lines 43-55);
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the plurality of optical detectors, as taught by Schneider, to be included in the indicator of De Kanter and Millman thereby increasing the redundancy of the device such that it is able to provide consistent temperature indications even in the in case of individual component failures (col. 8 lines 28-31).
Neither De Kanter, Millman, nor Schneider disclose an optical detector.
Jensen discloses an analogous art (fig. 4A, abstract, and par. 22: temperature sensing substrate)
an optical detector configured to detect the first visual signal and the second visual signal (fig. 4A and par. 51: optical detector 408).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the optical detector, as taught by Jensen, to be included in the indicator of De Kanter, Millman, and Schneider thereby expanding the functionality of the indicator and providing the functionality for continuous real-time monitoring of temperature changes in the environment (par.’s 51-52).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Chen (US 20140334520 A1) discloses certain limitations according to claims 1, 9, and 18.
THIS ACTION IS MADE FINAL. 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.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 2/23/26