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 .
Acknowledgement is made to the amendment, filed 2/2/2026. Claims 2 & 3 have been canceled. Claims 1 & 4-25 are pending.
Claim Objections
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Claim 20 was originally presented as an independent claim but now appears to recite the limitations of (Previously presented) claim 25, a claim newly introduced in the Preliminary Amendment, filed 1/16/2024. As a result, claim 21 now contains all the limitations of original claim 20 along with the current amendments. Additionally, claim 22 appears to be original claim 21, claim 23 appears to be original claim 22, claim 24 appears to be original claim 23, and claim 25 appears to be original claim 24. This is incorrect and the original numbering should be preserved.
The limitations for claims 20-25 have all changed, however no mark-ups have been included to show the limitations removed and new limitations added. Claims 20 & 22-25 are all listed as (Original), however the claims have been amended.
Claim 1 is objected to because of the following informalities, which appear to be minor draft errors including grammatical and/or lack of antecedent basis problems.
Regarding claim 1, line 18 recites “the second variation information module”, however there is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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 & 4-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Snelling (GB 2548897 A).
Regarding claim 1, Snelling discloses a composite information label, comprising:
a basic information module forms a first information, wherein the basic information module is a visible ink, and the first information is at least one of text and a pattern (p. 7, lines 6-7 & p. 8, lines 1-10); and
a variation information module forms at least one of a second information and a third information, wherein the variation information module is a parametric variation ink, and the second information and the third information are at least one of text and pattern respectively (p. 7, lines 6-7 & p. 8, lines 3-10), and the parametric variation ink is at least one of a thermochromic ink and an ultraviolet fluorescent ink, the thermochromic ink forms a first variation information module of the second information and the ultraviolet fluorescent ink forms a second variation information of the third information (p. 4, line 31 – p. 5, line 2, & p. 11, line 7);
wherein the basic information module and the variation information module are combined into one or more layers, an operating condition based on at least one of temperature and wavelength are applied to the variation information module (p. 6, lines 14-24 & 26-30), wherein the temperature includes a normal temperature and a thermochromic temperature and the wavelength includes a visible light spectrum and a non-visible light spectrum, the basic information module, a type is generated by the interaction between the first variation information module and the second variation information module is at least one of (a) to (d) according to the operating condition of the normal temperature, the thermochromic temperature, the visible light spectrum and the non-visible light spectrum: (a) showing at least one of the first information and the second information under the operating conditions of the normal temperature and the visible light spectrum; (b) showing the first information under the operating condition of the thermotropic temperature and the visible light spectrum; (c) showing at least one of the first information, the second information and the third information under the operating condition of the normal temperature and the non-visible light spectrum; and (d) showing at least one of the first information and the third information under the operating condition of the thermotropic temperature and the non-visible light spectrum (p. 12, line 29 – p. 13, line 5 & claims 9 & 10).
Regarding claim 4, Snelling discloses the composite information label according to claim 1, further comprising a carrier to attach the basic information module, the first variation information module and the second variation information module (p. 6, line 32 – p. 7, line 4).
Regarding claim 5, Snelling discloses the composite information label according to claim 4, wherein the material of the carrier is at least one of cotton, linen, wool, silk, rayon, nylon, polyester, acrylic fiber, acetate fiber, triacetate fiber, elastic fiber, glass fiber, metal fiber, rubber fiber and pulp fiber (p. 6, line 32 – p. 7, line 4).
Regarding claim 6, Snelling discloses the composite information label according to claim 4, further comprising a release layer, and the basic information module, the first variation information module, and the second variation information module are arranged on the release layer (p. 10, lines 24-32 & p. 17, lines 13-16).
Regarding claim 7, Snelling discloses the composite information label according to claim 6, wherein a thermal transfer technology is applied to the release layer with the basic information module, the first variation information module and the second variation information module, so that the basic information module, the first variation information module, and the second variation information module is detached from the release layer and is adhered to the carrier (p. 10, lines 24-32 & p. 17, lines 13-16).
Regarding claim 8, Snelling discloses the composite information label according to claim 1, wherein the temperature range of the normal temperature is between 20-28 degrees Celsius, the temperature range of the thermotropic temperature is not less than 35 degrees Celsius and the spectrum range of the non-visible light spectrum is between 10 nanometers and 400 nanometers (p. 4, line 31 – p. 5, line 2 & p. 6, lines 14-24).
Regarding claim 9, Snelling discloses the composite information label according to claim 8, wherein the second information exhibits a first color at the normal temperature and a second color at the thermotropic temperature, and the first color and the second color are colorless or transparent (p. 12, line 16 – p. 13, line 5).
Regarding claim 10, Snelling discloses the composite information label according to claim 8, wherein the third information exhibits single or multiple fluorescent colors in the non-visible light spectrum (p. 4, line 31 – p. 5, line 2 & p. 6, lines 14-24).
Regarding claim 11, Snelling discloses the composite information label according to claim 1, wherein the visible ink and the parametric variation ink are silicon inks (p. 4, line 24 – p. 5, line 2 & p. 6, line 32 – p. 7, line 4).
Regarding claim 12, Snelling discloses the composite information label according to claim 1, wherein the size of the composite information label is less than 20mm*20mm (p. 7, line 13 – p. 8, line 10).
Regarding claim 13, Snelling discloses the composite information label according to claim 1, wherein the basic information module is a quick response code type, and the quick response code type at least includes quiet zone, a finder pattern and a data zone (p. 13, lines 23-27).
Regarding claim 14, Snelling discloses the composite information label according to claim 13, wherein the data area includes a second variation information module (p. 13, line 25 – p. 15, line 8).
Regarding claim 15, Snelling discloses the composite information label according to claim 14, wherein the finder pattern includes a first variation information module and a second variation information module (p. 13, line 25 – p. 15, line 8).
Regarding claim 16, Snelling discloses the composite information label according to claim 15, wherein the basic information module forms the first information at the finder pattern, the variation information module covers the first information, or the basic information module covers the second information (p. 21, line 24 – p. 22, line 15).
Regarding claim 17, Snelling discloses the composite information label according to claim 16, wherein the first information, the second information, and the third information are a solid pattern and a hollow pattern (p. 21, line 24 – p. 22, line 15).
Regarding claim 18, Snelling discloses the composite information label according to claim 13, wherein the variation information module further includes a fourth variation information module to provide a fourth information, wherein the fourth variation information is fluorescent ink, and the fourth information is least one of text and pattern (p. 5, line 19 – p. 7, line 34).
Regarding claim 19, Snelling discloses the composite information label according to claim 13, wherein the basic information module is made of black ink, and the finder pattern and the data area are printed with a white ink (p. 2, line 30 – p. 3, line 2).
Regarding claim 20, Snelling discloses the composite information label according to claim 1, wherein the variation information module further includes a fourth variation information module to provide a fourth information, wherein the fourth variation information is fluorescent ink, and the fourth information is least one of text and pattern (p. 5, line 19 – p. 7, line 34).
Regarding claim 21, Snelling discloses a composite information label printing method, the steps comprising:
providing a basic information module made of a visible ink, the basic information module forms a first information (p. 7, lines 6-7 & p. 8, lines 1-10);
providing a variation information module made of a parametric variation ink, the variation information module forms at least one of a second information and a third information, wherein the parametric variation ink is at least one of a thermochromic ink and a ultraviolet fluorescent ink, and the thermochromic ink forms a first variation information module of the second information and the ultraviolet fluorescent ink forms a second variation information module of the third information (p. 7, lines 6-7 & p. 8, lines 3-10); and
combining the basic information module, the first variation information module and the second variation information module to form a composite information, wherein the basic information module and the variation information module are combined into one or more layers, an operating condition based on at least one of temperature and wavelength are applied to the variation information module (p. 6, lines 14-24 & 26-30),
wherein the temperature includes a normal temperature and a thermochromic temperature and the wavelength includes a visible light spectrum and a non-visible light spectrum, the basic information module, a type is generated by the interaction between the first variation information module and the second variation information module is at least one of (a) to (d) according to the operating condition of the normal temperature, the thermochromic temperature, the visible light spectrum and the non-visible light spectrum: (a) showing at least one of the first information and the second information under the operating conditions of the normal temperature and the visible light spectrum; (b) showing the first information under the operating condition of the thermotropic temperature and the visible light spectrum; (c) showing at least one of the first information, the second information and the third information under the operating condition of the normal temperature and the non-visible light spectrum; and (d) showing at least one of the first information and the third information under the operating condition of the thermotropic temperature and the non-visible light spectrum (p. 12, line 29 – p. 13, line 5 & claims 9 & 10).
Regarding claim 22, Snelling discloses the composite information label printing method according to claim 20, wherein the basic information module is a quick response code type, and the quick response code type at least includes a quiet zone, a finder pattern and a data area (p. 13, lines 23-27).
Regarding claim 23, Snelling discloses the composite information label printing method according to claim 20, wherein the visible ink and the parametric variation ink are silicon inks (p. 4, line 24 – p. 5, line 2 & p. 6, line 32 – p. 7, line 4).
Regarding claim 24, Snelling discloses the composite information label printing method according to claim 20, wherein the size of the composite information label is less than 20mm*20mm (p. 7, line 13 – p. 8, line 10).
Regarding claim 25, Snelling discloses the composite information label printing method according to claim 20, wherein the basic information module is made of black ink, and the finder pattern and the data area are printed with a white ink (p. 2, line 30 – p. 3, line 2).
Response to Arguments
Applicant's arguments filed 2/2/2026 have been fully considered but they are not persuasive. Applicant argues, see page 10 of the Remarks, filed 2/2/2026, that “Snelling fails to disclose that ‘the thermochromic ink forms first variation information module of the second information and the ultraviolet fluorescent ink forms a second variation information of the third information’”. Applicant also argues that Snelling “fails to disclose ‘active substance’ as well as the fact that the ‘thermochromic ink includes two variation information modules’ as ‘thermochromic ink forms a first variation information module and a second variation information’”.
The examiner respectfully disagrees. The independent claims merely recite, in relevant part, “a variation information module forms at least one of a second information and a third information, wherein the variation information module is a parametric variation ink, and the second information and the third information are at least one of text and pattern respectively, and the parametric variation ink is at least one of a thermochromic ink and an ultraviolet fluorescent ink, the thermochromic ink forms a first variation information module of the second information and the ultraviolet fluorescent ink forms a second variation information of the third information”, emphasis added. As is clearly disclosed in the claims, the claims merely recite the limitations of a “second information” and a “third information” in the alternative form only, thus only requiring one or the other to meet the claimed limitations, not both. Therefore, Snelling’s disclosure of a machine readable code printed with non-active ink, herein meeting the claimed “first information”, and including active-ink, herein meeting the claimed “second information”, clearly read over and meet the claimed limitations as filed. The examiner has also failed to find the limitation of “active substance” within the claims.
Additionally, Applicant argues, see page 10 of the Remarks, filed 2/2/2026, that “Snelling also fails to disclose active substance that showing at least one of one of the first information and the second information under the operating conditions of the normal and the visible light spectrum (operation condition (a)), showing the first information under the operating condition of the thermotropic temperature and the visible light spectrum (operation condition (b)); showing at least one of the first information, the second information and the third information under the operating condition of the normal temperature and the non-visible light spectrum (operation condition (c)); and showing at least one of the first information and the third information under the operating condition of the thermotropic temperature and the non-visible light spectrum (operation condition (d)).”
The examiner respectfully disagrees. The conditions (a) to (d) are also given in the alternative form only and thus requiring Snelling to simply meet one of the conditions to satisfy the claimed limitations. Condition (a) recites “showing at least one of the first information and the second information under the operating conditions of the normal temperature and the visible light spectrum” (emphasis added). Therefore, Snelling’s disclosure of a QR code presented with normal, non-active ink (herein the “first information”) in a condition wherein the “second information” (the “active ink” in Snelling) is not activated, such as in a condition where a package has not undergone some undesirable environmental condition or exposure, would meet the requirements of condition (a).
Applicant even acknowledges this, see page 11 of the Remarks, filed 2/2/2026, by stating that “Snelling merely disclosed active substance changes appearance under the environmental exposure, for example, high temperature, low temperature, visible light, UV light, water or moisture, gas or volatile chemicals, toxins, bacteria, virus, the elapse of time, and active substance merely show second message, but there is no third information in the disclosure of Snelling.” The examiner agrees as condition (a) is met by a code or label that has not undergone some undesired exposure and the “third information” is not required as Snelling has been shown to teach a “first information” and a “second information”. The claims have been rejected accordingly.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAULTEP SAVUSDIPHOL whose telephone number is (571)270-1301. The examiner can normally be reached on M-F,7-3 EST. If the examiner cannot be reached by telephone, he can be reached through the following email address: paultep.savusdiphol@uspto.gov
If attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Michael G. Lee can be reached on (571) 272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/PAULTEP SAVUSDIPHOL/Primary Examiner, Art Unit 2876
Prosecution Insights