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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4-5, 15-16, 58, 61 and 64 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwon et al (US 20180372549 A1).
Regarding claim 1, Kwon discloses in figure 9 a system shown for making a plurality of heat responsive quality indicator assemblies for use in a quality management system for products (para [0010]): a multiplicity of heat responsive quality indicator (HRQI) assemblies (100), each having a plurality of indicator (110) states operative to provide an indication of quality (para [0057] and [0058]) of a product with which the HRQI assembly is associated (Figs. 6A and 6B), each HRQI assembly comprising: a shelf-stable , non-heat responsive quality indicator (NHRQI) sub-assembly (Fig.1 and para [0056]) comprising at least one coloring material diffuser (120) and at least one indicator template (130); and at least one heat responsive coloring material (HRCM) (1) which is flowable at a temperature (para [0057]) exceeding an upper temperature threshold (para [0058]), and which, when injected into said NHRQI sub-assembly (para [0040]), converts said NHRQI sub-assembly to said HRQI assembly (Fig.1), which is responsive to changes in temperature over time in exceedance of said upper temperature threshold, for changing an appearance of said HRQI assembly (Figs 6A and 6B).
Regarding claim 2, Kwon discloses a multiplicity of heat responsive quality indicator (HRQI) assemblies (100), and wherein said multiplicity of HRQI assemblies are characterized in that said at least one HRCM (1), once injected into said shelf-stable, NHRQI sub-assembly (para [0056]), is initially maintained under temperature conditions (para [0058]), which are not in exceedance of said upper temperature threshold, such that said at least one HRCM is not flowable (para [0003]).
Regarding claim 4, Kwon discloses a multiplicity of heat responsive quality indicator (HRQI) assemblies (100), and wherein said plurality of indicator (110) states comprises: at least a first over-temperature visible state (the spread material melts when the temperature changes, para [0017]) indicating that said at least one HRQI assembly has been exposed to a temperature in exceedance (para [0058]) of said upper temperature threshold for at least a first over-temperature cumulative time duration (para [0111]).
Regarding claim 5, Kwon discloses a multiplicity of heat responsive quality indicator (HRQI) assemblies (100), and wherein said plurality of indicator (110) states further comprises: at least a second over-temperature visible state (para [0112]), indicating that said at least one HRQI assembly (100) has been exposed to a temperature in exceedance of said upper temperature threshold for at least a second over-temperature cumulative time duration (para [0111]); and at least a third over-temperature visible state (Figs. 8C to 8E), indicating that said at least one HRQI assembly (100) has been exposed to a temperature in exceedance of said upper temperature threshold (para [0112]) for at least a third over-temperature cumulative time duration (para [0111]).
Regarding claim 15, Kwon discloses a system shown for making a plurality of heat responsive quality indicator assemblies for use in a quality management system for products (para [0010]) and wherein said NHRQI sub-assembly (para [0056]) also comprises an aperture (111c) for injecting said HRCM therethrough (para [0040]).
Regarding claim 16, Kwon discloses a system shown for making a plurality of heat responsive quality indicator assemblies for use in a quality management system for products (para [0010]), and wherein said aperture (111c) is sealed by adhering said HRQI assembly (Fig.1) to a container (Fig.4).
Regarding claim 58, Kwon discloses a method of quality management for products (The time-temperature indicating module is provided for goods which need to be stored at a specific temperature and allows the exposure time to a specific temperature to be observed from the exterior) comprising: associating a multiplicity of heat responsive quality indicator (HRQI) assemblies (Fig. 1, 9, time-temperature indicating module 100, para [0045]), each of whose appearance is changeable and is operative to provide an indication of exceedance of at least an upper temperature threshold (Figs. 6A and 6B, when an upper temperature has been exceeded, the spread material is shown to melt and changes the appearance of the HRQI assembly), with a corresponding multiplicity of product packages, each of said multiplicity of HRQI assemblies comprising: a shelf-stable, non-heat responsive quality indicator (NHRQI) sub-assembly (Fig.1) comprising at least one indicator template (130); and a heat responsive coloring material (HRCM) (1) which is flowable at a temperature exceeding said upper temperature threshold (para [0058]), and which, when injected into said NHRQI sub-assembly (para [0040]), converts said NHRQI sub-assembly to said HRQI assembly (Fig.1), which is responsive to changes in temperature over time in exceedance of said upper temperature threshold for changing an appearance of said indicator template (Figs 6A and 6B); said associating comprising: injecting said HRCM into said shelf-stable, NHRQI sub-assembly when said HRCM is in a flowable state (para [0040]); immediately after said injecting, lowering a temperature of said HRCM to a temperature below said upper temperature threshold, such that said HRCM is not flowable (para [0040]), thereby creating said HRQI assemblies, whose appearance is changeable and is operative to provide an indication of exceedance of said upper temperature threshold; and affixing said HRQI assembly to a product package (para [0003]).
Regarding claim 61, Kwon discloses a method of quality management for products (The time-temperature indicating module is provided for goods which need to be stored at a specific temperature and allows the exposure time to a specific temperature to be observed from the exterior) and wherein said injecting comprises injecting said HRCM into said shelf-stable, NHRQI sub-assembly immediately prior to said affixing (para [0040]).
Regarding claim 64, Kwon discloses a method of quality management for products (The time-temperature indicating module is provided for goods which need to be stored at a specific temperature and allows the exposure time to a specific temperature to be observed from the exterior): each of said NHRQI (Fig.1) sub-assemblies further comprises an aperture (111c); and said injecting (para [00404]) comprises injecting said HRCM (1) into said NHRQI sub-assembly (Fig.1) through said aperture (111c); and wherein said affixing said HRQI assembly to said product package (para [0003]) also comprises sealing said aperture (111c), preventing an egress of said HRCM (1) therefrom.
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.
Claims 7, 9-12, 41 and 76 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al in view of Nemet et al (US 20100219235 A1).
Regarding claim 7, Kwon disclose a multiplicity of heat responsive quality indicator (HRQI) assemblies (100) and wherein said at least one indicator template (130). Kwon fails to explicitly disclose a multiplicity of machine-readable indicia.
Nemet teaches a multiplicity of machine-readable indicia (para [0016]).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to combine the Kwon’s system for making heat responsive indicator with Nemet’s multiplicity machine-readable indication because this will improve efficiency and provide an automated system to identify spoiled products.
Regarding claim 9, Kwon disclose a multiplicity of heat responsive quality indicator (HRQI) assemblies (100) and wherein said changing an appearance of said HRQI assembly (100). Kwon fails to explicitly disclose changing an appearance of at least one of said multiplicity of machine-readable indica.
Nemet teaches changing an appearance of at least one of said multiplicity of machine-readable indica (para [0019]).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to combine the Kwon’s system for making heat responsive indicator with Nemet’s machine-readable indica because this will improve efficiency and provide an automated system to identify spoiled products.
Regarding claim 10, Kwon disclose a multiplicity of heat responsive quality indicator (HRQI) assemblies (100). Kwon fails to explicitly disclose wherein a single one of said multiplicity of machine-readable indicia is machine readable at all times.
Nemet teaches a single one of said multiplicity of machine-readable indicia is machine readable at all times (Figs.1-5B).
The motivation for this would be the same as the one stated above.
Regarding claim 11, Kwon disclose a multiplicity of heat responsive quality indicator (HRQI) assemblies (100); indicator template (130). Kwon fails to explicitly at least one human sensible indicium.
Nemet teaches at least one human sensible indicium (Fig.2D).
The motivation for this would be the same as the one stated above.
Regarding claim 12, Kwon disclose a multiplicity of heat responsive quality indicator (HRQI) assemblies (100); and wherein: said HRQI assembly (100) further comprises; plurality of indicator (130) states; at least one under-temperature visible state (Figs.6A and 6B) indicating that said HRQI assembly has been exposed to a temperature below a lower temperature threshold for at least an under-temperature time duration (Figs. 6A and 6B). Kwon fails to explicitly disclose a cold responsive coloring material.
Nemet teaches a cold responsive coloring material (para [0094]).
The motivation for this would be the same as the one stated above.
Regarding claim 41, Kwon discloses a system (Fig. 9, a system shown for making a plurality of heat responsive quality indicator assemblies) for manufacture of heat responsive quality indicator (HRQI) (para [0045]) assemblies comprising: a non-heat responsive quality indicator (NHRQI) sub-assembly (Fig.1, para [0056]) provider, providing a multiplicity of shelf-stable, NHRQI sub-assemblies (para [0056]), each of said sub-assemblies comprising at least one coloring material diffuser (120) and at least one indicator template (130); and a heat responsive coloring material supplier (HRCMS) (para [0040]) operative to inject a heat responsive coloring material (HRCM) (para [0057]) into each of said multiplicity of shelf-stable, NHRQI sub-assemblies, said HRCM being flowable at a temperature exceeding an upper temperature threshold (para [0058]), and which, when injected into said NHRQI sub-assembly by said HRCMS, converts said NHRQI sub-assembly to said HRQI assembly (by adding the heat responsive coloring material 1 to the assembly, it changes the non-heat responsive quality indicator to a heat responsive quality indicator), which is responsive to changes in temperature over time in exceedance of said upper temperature threshold (Figs. 6A and 6B); said HRCM for changing an appearance of said HRQI assembly (Figs. 6A and 6B). Kwon fails to explicitly disclose operative to provide a machine-readable indication of exceedance of at least one threshold.
Nemet teaches operative to provide a machine-readable indication (Fig.4A) of exceedance of at least one threshold (para [0135]).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to combine the Kwon’s system for making heat responsive indicator with Nemet’s machine-readable indication because this will improve efficiency and provide an automated system to identify spoiled products.
Regarding claim 76, Kwon discloses a method of quality management for products (The time-temperature indicating module is provided for goods which need to be stored at a specific temperature and allows the exposure time to a specific temperature to be observed from the exterior): said HRQI assembly (100); Kwon fails to explicitly disclose a cold responsive coloring material; operative to provide a machine-readable indication; exposed to a temperature below a lower temperature threshold for at least an under-temperature time duration.
Nemet teaches a cold responsive coloring material (para [0094]); operative to provide a machine-readable indication (Figs. 1-5B); exposed to a temperature below a lower temperature threshold (para [0094]) for at least an under-temperature time duration (para [0094]).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to combine the Kwon’s system for making heat responsive indicator with Nemet’s machine-readable indication because this will improve efficiency and provide an automated system to identify spoiled products.
Allowable Subject Matter
Claims 3, 6, 42 and 44 are objected to as being dependent upon a rejected claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claim.
Regarding claim 3, the prior art discloses a multiplicity of HRQI assemblies comprising a heat responsive quality indicator assemblies (Fig.1) a shelf- stable, non-heat responsive quality indicator sub-assembly and at least one indicator template (Fig. 1) a heat responsive coloring material which is flowable when a temperature exceeding an upper temperature threshold, However, the prior art alone or in combination fails to explicitly disclose a pre-supply visible state, indicating that said at least one HRCM has not yet been injected into said NHRQI sub-assembly; and a post-supply visible state, indicating that said at least one HRCM has been injected into said NHRQI sub-assembly in combination with the limitations of the dependent claim.
Regarding claim 6, the prior art alone or in combination fails to disclose a second heat responsive coloring material which is flowable at a second temperature exceeding a second upper temperature threshold.
Regarding claim 42, the prior art alone or in combination fails to disclose a heating assembly, operative to maintain said HRCM at a temperature at which said HRCM is flowable during said injection thereof into said NHRQI sub-assembly.
Regarding claim 44, the prior art alone or in combination fails to disclose a HRCM is injected into said NHRQI sub-assembly immediately prior to affixing said HRQI assembly to a product package.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIREILLE SANDRA SADATE-MOUALEU whose telephone number is (571)272-2862. The examiner can normally be reached Mon-Fri 0730-1700.
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/MIREILLE S SADATE-MOUALEU/ Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855