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
Amendments filed 06/09/2026 have been acknowledged.
Claims 1, 2, 4, 7, 8, 9, 10, have been amended.
Response to Arguments
Applicant’s arguments with respect to claims 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1-12 and 14-15 is rejected under 35 U.S.C. 103 as being unpatentable over Wrobel et al (Wrobel hereinafter US 11549883 B2) in view of Boortz et al (Boortz hereinafter US 20230366831 A1) view of Boortz et al (Boortz hereinafter US 20230366831 A1)
As per claim 1
Wrobel teaches A computational device configured for determination to airborne particulate matter with circuitry configured to capture an image of a pollution detection article (Figure 1-5, Abstract “ …exposure to incident airborne particulate pollution…” Paragraph (6) “ reading its color changes with the aid of the camera of a smartphone or other device via a companion application” Paragraph (72) “The app will compare the color change between these reference colors and the contiguous colors to determine whether the applique is beginning to activate or approaching saturation, translating this to the appropriate caution” ), circuitry configured to compare the plurality of discoloration reference references to the discolored polymer for an optical comparison (Paragraph (72) “reference colors can be printed on the applique, for instance, one each at the end of the path over which the color gradient is printed. The app will compare the color change between these reference colors and the contiguous colors to determine whether the applique is beginning to activate or approaching saturation, translating this to the appropriate caution.”) wherein the optical comparison enables determination of whether the pollution detection article has airborne particulate matter exposure by determining whether the polymer is discolored based on the optical comparison. (Paragraph (72) “ As an example, in the gradient artwork embodiment, reference colors can be printed on the applique, for instance, one each at the end of the path over which the color gradient is printed. The app will compare the color change between these reference colors and the contiguous colors to determine whether the applique is beginning to activate or approaching saturation, translating this to the appropriate caution.” “beginning to activate” shows the pollution detection article has particulate on it. )
Wrobel teaches a plurality of discoloration references (Figure 5) but does not explicitly teach the configuration of the pollution detection article. Therefore, Wrobel does not effectively teach
the pollution detection article comprises: a first layer having a polymer configured to adsorb airborne particulates thereon to cause the polymer to become a discolored polymer; and a second layer atop the first layer, the second layer including a plurality of discoloration references for an optical comparison with the discolored polymer, wherein the second layer is movable from a first position in which the polymer of the first layer is at least partially exposed to adsorb airborne particulates thereon, to a second position in which the plurality of discoloration references at least partially overlap the polymer of the first layer, wherein the image includes imagery of the plurality of discoloration references along a gradient adjacent to imagery of polymer.
Boortz teaches the pollution detection article comprises: a first layer having a polymer configured to adsorb airborne particulates thereon to cause the polymer to become a discolored polymer; (Figure 13 “ A first top surface 228 of the adjustable aperture dial 222 is bonded with an optical substance … optical substance comprises one of a poly- siloxane gel, rubber, gel, polymer, or resin having an affinity to a particulate matter.”) a second layer atop the first layer, (Figure 13) the second layer including a plurality of discoloration references for an optical comparison with the discolored polymer (Fig.7 Figure 13, Paragraph [0040] “shapes and graphics on the graphical target layer 118 are illustrated and described as comparing particular patterns that transition from a visible image to an invisible image, embodiments contemplate other visually detectable changes, such as the altering of a color, shade, pattern, graphic, text, or the like to indicate exposure to one or more particulate matters and/or a predetermined quantity of one or more particulate matters, according to particular needs. “ Paragraph [0047] “Currently the color of the silica dust contrasts with graphical target layer 118 behind the detection layer 102. The graphical target layer 118 may comprise a colored surface or a patterned surface to contrast against the detection layer 102 when viewed through the one or more optical windows 144.” Paragraph [0053] “The silica adsorbs to the optical substance and changes the optical properties of the optical substance, such as siloxane. Additional silica will continue to adsorb onto the surface of the optical substance and providing a graduated level of absorption or entrapment into the silicone gel.” Paragraph [0057] “The lower planar member 226 comprises a second top surface 230 and a graphic 232 disposed thereon. Prior to adsorption of the particulate matter to the optical substance, the graphic 232 is visible through the at least one variable width aperture 224 depending on the orientation of the adjustable aperture dial 222 with the lower planar member 226. In an embodiment, the graphic 232 comprises a color or a pattern printed on a predetermined area of the second top surface 230. The adjustable aperture dial 222 is rotated along the central axis A to a predetermined position in order to view the graphic 232 through the at least one variable width aperture 224a,b,c.” Silica enters the silicone and discolors it. The graphical layer and or the graphical layer seen through the aperture can be seen as the “discoloration reference”) wherein the second layer is movable from a first position in which the polymer of the first layer is at least partially exposed to adsorb airborne particulates thereon (Figure 13, Paragraph [0054] “a lower planar member 226 rotatably connected to the adjustable aperture dial 222 at a central axis A.” In regards to the first layer being “partially exposed”. The devices first layer is always in some state of exposure when particulate is in the air. ) to a second position in which the plurality of discoloration references at least partially overlap the polymer of the first layer, (Figure 13, Aperture dial 222 and aperture windows 224 a,b,c allow for the graphic (discoloration reference) to frequently overlap the optical substance bonded to first top surface 228) wherein the image includes imagery of the plurality of discoloration references adjacent to imagery of the polymer (Figure 13, Paragraph [0058] “ In an embodiment of the disclosed subject matter, an electronic device, such as smart phone, may be employed to take a photo or video of the graphical target layer 118 though the one or more optical windows 144” The aperture is a see through window where you can see the graphical layer underneath. The aperture is also width based where exposure time takes up portions of the width. This means that an image will be made where the polymer and discolored graphic are adjacent to one another “depending on the orientation of the adjustable aperture dial 222 with the lower planar member 226.”) circuitry configured to compare the plurality of discoloration references to the polymer for an optical comparison (“Paragraph [0058] “an electronic device, such as smart phone, may be employed to take a photo or video of the graphical target layer 118 though the one or more optical windows 144 and store the photo or video within a memory of the smart phone or transmit the photo to a remote storage location. A series of photos or videos may be utilized to detect a change in the transparency of the optical substance over time.” The smartphone is used to analyze images of the graphical target through the optical substance. This means the device necessarily compares the optical appearance of the optical substance (polymer) relative to the graphical reference.) , wherein the optical comparison enables determination of whether the pollution detection article has airborne particulate matter exposure (Paragraph 0058] “…to indicate one of a current exposure level or a maximum exposure level.” ) by determining whether the polymer is discolored based on the optical comparison (Paragraph [0047] “Currently the color of the silica dust contrasts with graphical target layer 118 behind the detection layer 102.” Paragraph [0053] “The silica adsorbs to the optical substance and changes the optical properties of the optical substance such as siloxane” Paragraph [0055] “In an embodiment, the optical substance comprises one of a poly- siloxane gel, rubber, gel, polymer, or resin having an affinity to a particulate matter.” Paragraph [0056] “When the optical substance is exposed to particulate matter, the change in visual appearance of the optical substance occludes the width of at least one variable width aperture” Paragraph [0058] “A series of photos or videos may be utilized to detect a change in the transparency of the optical substance over time.” Under broadest reasonable interpretation, a change in transparency constitutes a change in optical appearance which in itself is a type of discoloration because the visual characteristics of the polymer are altered by particulate accumulation. Accumulated particulates alter the medium's spectral profile. The silica collected in the optical substance changes its spectral property. The silica collected in the optical substance also contrasts the graphical layer. )
Accordingly, a person of ordinary skill in the art , at the time this invention was effectively filed would have found it obvious to modify the comparative computational image analysis of Wrobel with the movable graphical reference architecture of Boortz. Both Boortz and Wrobel exist in the technical endeavor/realm of analyzing airborne pollutant devices outputs through computational image analysis and interpretation via electronic devices. A person of ordinary skill in the art would do this modification because Boortz’s provides fixed visual reference indicia relative to the polymer in a rotary device easily useable and interpreted by both user and electronic image device. This improves fidelity and gives it a consistent replicable quality for smartphone based optical comparison by providing an on device calibration reference during image capture.. The combination applies Wrobel’s image based pollutant determination to the known rotary structure taught by Boortz to obtain reliable exposure readings and determinations.
As per claim 2
Wrobel and Boortz teach all claim limitations previously rejected in claim 1’s 103 rejection. See claim 1’s 103 rejection.
Wrobel teaches wherein at least one of the plurality of discoloration references optically corresponds to the discolored polymer, such that the imagery of the discoloration reference at least partially matches the imagery of the discolored polymer for determination of whether the pollution detection article has airborne particulate matter exposure. (Figure 5)
As per claim 3
Wrobel and Boortz teach all claim limitations previously rejected in claim 1’s 103 rejection. Please see claim 1’s 103 rejection.
Wrobel teaches circuitry configured to determine whether the pollution detection article has airborne particulate matter exposure based on the optical comparison. (Paragraph (6) “The qualitative guidance on one's particulate pollution exposure provided by the device can be read with the unaided eye, though more specific information can be provided by reading its color changes with the aid of the camera of a smartphone or other device via a companion application. The ink chemistry correlates to airborne particulates “ Paragraph (72) “The app will compare the color change between these reference colors and the contiguous colors to determine whether the applique is beginning to activate or approaching saturation, translating this to the appropriate caution.”)
As per claim 4
Wrobel and Boortz teach all claim limitations previously rejected in claim 1’s 103 rejection. Please see claim 1’s 103 rejection.
Wrobel teaches wherein the plurality of discoloration references are along a gradient and each discoloration reference corresponds to a degree of discoloration of the discolored polymer. (Figures 1-5. Paragraph (23) “The amount of reductant used can be different in different regions of artwork, or applied as a gradient, such that progressive change occurs over time in the presence of the multivalent metal oxides present in airborne particulate atmospheric pollution.” Paragraph (63) “ FIG. 5, meant to be a build on the artwork of FIG. 1….incorporate fixed tint markings 13 and 14 along gradient prints, if any, which would be indicative of the threshold limit corresponding to an exposure limit.) Paragraph (72) “in the gradient artwork embodiment, reference colors can be printed on the applique, for instance, one each at the end of the path over which the color gradient is printed. The app will compare the color change between these reference colors and the contiguous colors to determine whether the applique is beginning to activate or approaching saturation, translating this to the appropriate caution.”)
As per claim 5
Wrobel and Boortz teach all claim limitations previously rejected in claim 1’s 103 rejection. See claim 1’s 103 rejection.
Boortz teaches comprising circuitry configured to determine a level of airborne particulate matter exposure of the pollution detection article based on the optical comparison. (Paragraph [0034] “an algorithm infers the amount of obfuscation that is relative to the reference PEL data. The algorithm output relates the personal exposure level of an individual since wearing the particulate matter detection device 100. This personal exposure level can be used by individuals, employees, and employers to take corrective measures to protect from over or near overexposure” Paragraph [0058] “ A series of photos or videos may be utilized to detect a change in the transparency of the optical substance over time. … a smart phone, a smart watch, or other electronic display to indicate one of a current exposure level or a maximum exposure level”)
As per claim 6
Wrobel and Boortz teach all claim limitations previously rejected in claim 1’s 103 rejection. See claim 1’s 103 rejection.
Wrobel teaches circuitry configured to display, via a user interface ( Paragraph 6 “more specific information can be provided by reading its color changes with the aid of the camera of a smartphone or other device via a companion application”) a recommendation for an action and/or a product based on a level of airborne particulate matter exposure of the pollution detection article as determined based on the optical comparison (Paragraph (9) “The colorimetric airborne pollution sensor can be provided in the form of a film applique to skin, clothing, or other locations of a user's choosing, that, through color change, indicates one's cumulative exposure to airborne particulate pollution. The purpose of the device is to provide a qualitative basis for decision making on controlling one's exposure to atmospheric particulates through either covering exposed skin, limiting exertion, or removing oneself from the affected outdoor environment entirely.” In combination, Paragraph (71) “colors of the applique may either be read, and interpreted, by the user acting alone or with the aid of a camera application, which could be used in conjunction with a smartphone… The app will compare the color change between these reference colors and the contiguous colors to determine whether the applique is beginning to activate or approaching saturation, translating this to the appropriate caution.” The term “app” inherently has a user display.)
As per claim 7
Wrobel and Boortz teach all claim limitations previously rejected in claim 1’s 103 rejection. See claim 1’s 103 rejection.
Boortz teaches wherein circuitry of the computational device is configured for image recognition detection of the plurality of discoloration references and the discolored polymer based on an arrangement of the second layer in the second position (Figure 13, Paragraph [0054] “Referring to FIG. 13, in an embodiment of the disclosed subject matter, a rotary variable aperture member 220 for precision measurement of particulate matter comprises an adjustable aperture dial 222 having at least one variable width aperture 224a,b,c; and a lower planar member 226 rotatably connected to the adjustable aperture dial 222 at a central axis A.”, Paragraph [0057] “The adjustable aperture dial 222 is rotated along the central axis A to a predetermined position in order to view the graphic 232 through the at least one variable width aperture 224a,b,c.” Paragraph [0058] “n an embodiment of the disclosed subject matter, an electronic device, such as smart phone, may be employed to take a photo or video of the graphical target layer 118 though the one or more optical windows 144 and store the photo or video within a memory of the smart phone or transmit the photo to a remote storage location. A series of photos or videos may be utilized to detect a change in the transparency of the optical substance over time.” The electronic device is configured for image recognition at any position of the rotary dial device including the second position based on the second layer.)
As per claim 8
Wrobel and Boortz teach all claim limitations previously rejected in claim 7’s 103 rejection. See claim 7’s 103 rejection.
Boortz teaches wherein the arrangement includes a position of at least one of the plurality of discoloration references relative to a position of the discolored polymer, or is predefined based on a layout of the plurality of discoloration references and the discolored polymer on the pollution detection article. (Paragraph [0057] “the graphic 232 comprises a color or a pattern printed on a predetermined area of the second top surface 230. The adjustable aperture dial 222 is rotated along the central axis A to a predetermined position in order to view the graphic 232 through the at least one variable width aperture 224a,b,c.” )
As per claim 9
Wrobel and Boortz teach all claim limitations previously rejected in claim 7’s 103 rejection. See claim 7’s 103 rejection.
Boortz teaches wherein each of the plurality of discoloration references comprise an aperture thereon, such that a portion of a surface of the polymer positioned underneath the aperture appears adjacent to the discoloration reference for the optical comparison between the discoloration reference and the polymer. (Figure 13 Paragraph [0055] “The optical substance forms one or more optical windows bounded by the at least one variable width aperture 224a,b,c, the optical substance configured to adsorb a particulate matter and occlude the one or more optical windows.” The aperture is see through where you can see the graphical layer underneath. The aperture is also width based where exposure time takes up portions of the width. This means that an image will be made where the polymer and discolored graphic are adjacent to one another “depending on the orientation of the adjustable aperture dial 222 with the lower planar member 226.”)
As per claim 10
Wrobel teaches A computational device configured for measurement of exposure to airborne particulate matter, the computational device comprising: circuitry configured to capture an image of a pollution detection article (Abstract “ …exposure to incident airborne particulate pollution…” Paragraph (2) “Described herein are wearable colorimetric indicators of the presence of airborne particulate pollution”. Paragraph (6) “ reading its color changes with the aid of the camera of a smartphone or other device via a companion application” A computational device configured for measurement of exposure to airborne particulate matter, the computational device comprising” Paragraph (63) “Such reference colors could be of use in either unassisted visual inspection or for reference by a smartphone camera app. Paragraph (71) “ the colors of the applique may either be read, and interpreted…with the aid of a camera application, which could be used in conjunction with a smartphone…computer vision will be necessary to determine absolute changes in color, in so doing possibly extracting additional, or more accurate, information.” Paragraph (72) “ reference colors can be printed on the applique, for instance, one each at the end of the path over which the color gradient is printed. The app will compare the color change between these reference colors and the contiguous colors to determine whether the applique is beginning to activate or approaching saturation, translating this to the appropriate caution.”), and wherein the optical comparison enables determination of whether the pollution detection article has airborne particulate matter exposure by determining whether the polymer is discolored based on the optical comparison. (Paragraph (72) “ As an example, in the gradient artwork embodiment, reference colors can be printed on the applique, for instance, one each at the end of the path over which the color gradient is printed. The app will compare the color change between these reference colors and the contiguous colors to determine whether the applique is beginning to activate or approaching saturation, translating this to the appropriate caution.” “beginning to activate” shows the pollution detection article has particulate on it. )
Boortz teaches the pollution detection article comprises: a first layer having a polymer configured to adsorb airborne particulates thereon to cause the polymer to become a discolored polymer; (Figure 13) a second layer atop the first layer, (Figure 13, Paragraph [0055] “A first top surface 228 of the adjustable aperture dial 222 is bonded with an optical substance “) the second layer including a plurality of discoloration references for an optical comparison with the discolored polymer (Fig.7, Figure 13, Paragraph [0040] “shapes and graphics on the graphical target layer 118 are illustrated and described as comparing particular patterns that transition from a visible image to an invisible image, embodiments contemplate other visually detectable changes, such as the altering of a color, shade, pattern, graphic, text, or the like to indicate exposure to one or more particulate matters and/or a predetermined quantity of one or more particulate matters, according to particular needs. “ Paragraph [0047] “Currently the color of the silica dust contrasts with graphical target layer 118 behind the detection layer 102. The graphical target layer 118 may comprise a colored surface or a patterned surface to contrast against the detection layer 102 when viewed through the one or more optical windows 144.” Paragraph [0057] “The lower planar member 226 comprises a second top surface 230 and a graphic 232 disposed thereon. Prior to adsorption of the particulate matter to the optical substance, the graphic 232 is visible through the at least one variable width aperture 224 depending on the orientation of the adjustable aperture dial 222 with the lower planar member 226. In an embodiment, the graphic 232 comprises a color or a pattern printed on a predetermined area of the second top surface 230. The adjustable aperture dial 222 is rotated along the central axis A to a predetermined position in order to view the graphic 232 through the at least one variable width aperture 224a,b,c.” ) wherein the second layer is movable from a first position in which the polymer of the first layer is at least partially exposed to adsorb airborne particulates thereon (Figure 13, Paragraph [0054] “a lower planar member 226 rotatably connected to the adjustable aperture dial 222 at a central axis A.” In regards to the first layer being “partially exposed”. The devices first layer is always in some state of exposure to particulate ) to a second position in which the plurality of discoloration references at least partially overlap the polymer of the first layer, (Figure 13, Aperture dial 222 and aperture windows 224 a,b,c allow for the graphic (discoloration reference) to frequently overlap the optical substance bonded to first top surface 228) wherein the image includes imagery of the plurality of discoloration references adjacent to imagery of the polymer (Figure 13, Paragraph [0058] “ In an embodiment of the disclosed subject matter, an electronic device, such as smart phone, may be employed to take a photo or video of the graphical target layer 118 though the one or more optical windows 144” The aperture is see through where you can see the graphical layer underneath. The aperture is also width based where exposure time takes up portions of the width. This means that an image will be made where the polymer and discolored graphic are adjacent to one another “depending on the orientation of the adjustable aperture dial 222 with the lower planar member 226.”) circuitry configured to compare the plurality of discoloration references to the polymer for an optical comparison (“Paragraph [0058] “an electronic device, such as smart phone, may be employed to take a photo or video of the graphical target layer 118 though the one or more optical windows 144 and store the photo or video within a memory of the smart phone or transmit the photo to a remote storage location. A series of photos or videos may be utilized to detect a change in the transparency of the optical substance over time.” The smartphone is used to analyze images of the graphical target through the optical substance. This means the device necessarily compares the optical appearance of the optical substance (polymer) relative to the graphical reference.) , wherein the optical comparison enables determination of whether the pollution detection article has airborne particulate matter exposure (Paragraph 0058] “to indicate one of a current exposure level or a maximum exposure level.” ) by determining whether the polymer is discolored based on the optical comparison (Paragraph [0047] “Currently the color of the silica dust contrasts with graphical target layer 118 behind the detection layer 102.” Paragraph [0053] “The silica adsorbs to the optical substance and changes the optical properties of the optical substance such as siloxane” Paragraph [0055] “In an embodiment, the optical substance comprises one of a poly- siloxane gel, rubber, gel, polymer, or resin having an affinity to a particulate matter.” Paragraph [0056] “When the optical substance is exposed to particulate matter, the change in visual appearance of the optical substance occludes the width of at least one variable width aperture” Paragraph [0058] “A series of photos or videos may be utilized to detect a change in the transparency of the optical substance over time.” Under broadest reasonable interpretation a change in transparency constitutes a change in optical appearance which is a type of discoloration because the visual characteristics of the polymer are altered by particulate accumulation. Accumulated particulates alter the medium's spectral profile.)
As per claim 11
Wrobel and Boortz teach all claim limitations previously rejected in claim 10’s 103 rejection. See claim 10’s 103 rejection.
Wrobel teaches discoloration reference corresponds to a level of exposure to airborne particulate matter that is based at least in part on an airborne concentration of particulate matter in an environment (Paragraph (2) “ …this invention relates to qualitative colorimetric dose-responsive airborne particulate pollution indicators that are capable of providing cumulative dose…” Paragraph (3) “The qualitative indicator provides a qualitative indication of the accumulated exposure to incident airborne particulate…“ and paragraph (16) …the qualitative indicator also includes fixed-tint calibration markers and/or fixed-tint reference colors to allow for more fine-tuned interpretation of the color change and signal provided to users…” Wrobel’s airborne particulate level is expressed as a concentration Paragraph (7) “…airborne particulates may be present at very low levels, ppm if not ppb…”
Boortz teaches discoloration reference corresponds to a level of exposure to airborne particulate matter that is based at least in part on an airborne concentration of particulate matter in an environment. (Paragraph [0035] “According to an embodiment, the optical substance 148 adsorbs the particulate matter 112, including, for example, inert airborne particulate matter, such as silica dust (including crystalline and non-crystalline silica)..the optical substance 148 collects particulate matter 112 classified as contributing to an increase in PM.sub.2.5 and/or PM.sub.10 concentrations” ,”Paragraph [0056] “the change in visual appearance of the optical substance occludes the width of at least one variable width aperture 224a,b,c, thereby providing an indication of the gradation of the particle size of the particulate matter in the environment, as well as providing an indication of exposure time of the indicator to the particulate matter. In an embodiment of the disclosed subject matter, the at least one variable width aperture 224a,b,c is configured to correspond to a particle size of a particulate matter (e.g., PM.sub.2.5 and PM.sub.10).”
As per claim 12
Wrobel and Boortz teach all claim limitations previously rejected in claim 10’s 103 rejection. See claim 10’s 103 rejection.
Boortz teaches wherein the optical comparison comprises: computing, based on imagery of the image (Paragraph [0058] A series of photos or videos may be utilized to detect a change in the transparency of the optical substance over time. In an embodiment, the photo or video is displayed onto an electronic device such a heads-up-display (HUD), a smart phone, a smart watch, or other electronic display to indicate one of a current exposure level or a maximum exposure level) a degree of discoloration of the discolored polymer ( Paragraph [0047] “… the target includes tinting the siloxane, or adding color. Currently the color of the silica dust contrasts with graphical target layer… “Paragraph [0058] “A series of photos or videos may be utilized to detect a change in the transparency of the optical substance over time…to indicate one of a current exposure level or a maximum exposure level” )
Wrobel teaches computing a degree of discoloration of the plurality of discoloration references that is associated with the degree of discoloration of the discolored polymer to enable measurement of exposure of the pollution detection article to airborne particulate matter. (Paragraph (6) “The qualitative guidance on one's particulate pollution exposure provided by the device can be read with the unaided eye, though more specific information can be provided by reading its color changes with the aid of the camera of a smartphone or other device via a companion application” Paragraph (10) “For example, should the sensing Segment 3 reach the same color as reference color 4, the wearer will know he or she has been exposed to pollution particulates in an amount consistent with the calibration of the segment. The sequential activation of these segments allows the user to be aware of the amount of airborne pollution he or she has been exposed to and provides the ability to alter his or her exposure based on the presumed dangers of the respective levels.” Paragraph (63) “fixed tint reference colors printed from conventional inks may be incorporated into the artwork as shown in FIG. 5, meant to be a build on the artwork of FIG. 1. These, for instance, could be the initial color or the final color of the chemistry which 12 assumes. Such reference colors could be of use in either unassisted visual inspection or for reference by a smartphone camera app.” Paragraph (71) the colors of the applique may either be read, and interpreted, by the user acting alone or with the aid of a camera application, which could be used in conjunction with a smartphone…computer vision will be necessary to determine absolute changes in color, in so doing possibly extracting additional, or more accurate, information. Comparison against absolute changes in color…The computer vision application would be designed to assign meaning to a color by interpolating between internal references.”)
As per claim 14
Wrobel and Brootz teach all claim limitations previously rejected in claim 10’s 103 rejection
See claim 10’s 103 rejection.
Wrobel teaches circuitry configured to display, via a user interface, a recommendation for an action and/or a product based on a level of airborne particulate matter exposure of the pollution detection article as determined based on the optical comparison. (Paragraph (6) “more specific information can be provided by reading its color changes with the aid of the camera of a smartphone or other device via a companion application” Paragraph (9) “The colorimetric airborne pollution sensor can be provided in the form of a film applique to skin, clothing, or other locations of a user's choosing, that, through color change, indicates one's cumulative exposure to airborne particulate pollution. The purpose of the device is to provide a qualitative basis for decision making on controlling one's exposure to atmospheric particulates through either covering exposed skin, limiting exertion, or removing oneself from the affected outdoor environment entirely.” Paragraph (71) “colors of the applique may either be read, and interpreted, by the user acting alone or with the aid of a camera application, which could be used in conjunction with a smartphone… The app will compare the color change between these reference colors and the contiguous colors to determine whether the applique is beginning to activate or approaching saturation, translating this to the appropriate caution.)
Boortz teaches circuitry configured to display, via a user interface, a recommendation for an action and/or a product based on a level of airborne particulate matter exposure of the pollution detection article as determined based on the optical comparison teaches (Paragraph [0058] “A series of photos or videos may be utilized to detect a change in the transparency of the optical substance over time. In an embodiment, the photo or video is displayed onto an electronic device such a heads-up-display (HUD), a smart phone, a smart watch, or other electronic display to indicate one of a current exposure level or a maximum exposure level
Wrobel’s goal is to “provide a qualitative basis for decision making on controlling one's exposure to atmospheric particulates through either covering exposed skin, limiting exertion, or removing oneself from the affected outdoor environment entirely.” Wrobel does this through a devices interpretation of exposure seen in an image then says “The app will compare the color change between these reference colors and the contiguous colors to determine whether the applique is beginning to activate or approaching saturation, translating this to the appropriate caution.” The “appropriate caution “ is a recommendation. Furthermore, Boortz discloses indicating “ one of a current exposure level or a maximum exposure level.” Through a HUD. With these two disclosures a person of ordinary skill in the art would have found it obvious to include some type of alert of recommendation in Boortz’s HUD on the basis of exposure level.
As per claim 15
Wrobel and Brootz teach all claim limitations previously rejected in claim 14’s 103 rejection
See claim 14’s 103 rejection.
Wrobel teaches wherein the recommendation is further based on a historical level of airborne particulate matter exposure of the pollution detection article and/or a historical level of airborne particulate matter exposure of an individual. (Paragraph (6) “The device can inform users of their accumulated exposure” Paragraph (10) “The qualitative indicator provides a qualitative indication of the accumulated exposure to incident airborne particulate pollution” . “Historical level” equates to “accumulated exposure.” In regards to the recommendation: Paragraph (72) “The app will compare the color change between these reference colors and the contiguous colors to determine whether the applique is beginning to activate or approaching saturation, translating this to the appropriate caution” “Approaching saturation” indicates the device is approaching its limit i.e. its maximum threshold of allotted particulate. The appropriate caution that will be recommended is shown to be based off of accumulation as well as nearing a saturation limit. This recommendation is based on a “historical level of airborne particulate” exposure of the detection article and subsequently an individual )
Allowable Subject Matter
Claim 13 is 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.
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 SHANE WRENSFORD CODRINGTON whose telephone number is (571)272-8130. The examiner can normally be reached 8:00am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Bella can be reached at (571) 272-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHANE WRENSFORD CODRINGTON/ Examiner, Art Unit 2667
/MATTHEW C BELLA/ Supervisory Patent Examiner, Art Unit 2667
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