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 Arguments
Applicant's response submitted February 17, 2026, has been received. The amendment of claims 1, 60, 62, 70, 77-78; addition of new claim 80; and cancellation of claims 2-52 is acknowledged. Applicant's arguments have been fully considered but they are not persuasive. Regarding Applicant’s arguments beginning on page 9 of the remarks, stating that the luminescent is not under environmental indicator material, it is noted that Fig. 9 and paragraph [0155] of the Purdy reference provides this structure. Regarding Applicant’s further arguments on page 10 of the remarks, it is noted that paragraph [0134] of Purdy describes its application in heat exposure by changing over a temperature range. Regarding further arguments on pages 9-12 directed to the layering of over and under luminescent materials, it is noted that the embodiment of Fig. 9 includes multiple layers of environmental indicator material sandwiching the luminescent material which accounts for both configurations. Regarding Applicant’s arguments on page 13 directed to incorporating the irreversible indicator, it appears that the argument is that authentication is not considered environmental monitoring. The term “environmental monitoring” was simply interpreted as detecting a change in the environment which would include methods of identifying authentication seals in example; the area of using an impetus to verify an indicator was considered related art. Regarding Applicant’s arguments on page 14 directed to the obscuring by the environmental indicator material, there is no degree of efficiency being required and the embodiment of Fig. 9 of Purdy indicate this feature. Regarding Applicant’s arguments on page 15 directed to the reference component, color reference, and outside the location of the environmental indicator material, it is noted that there is no specific requirement or definition for color comparison or color references in the present claims. A contrast of colors was considered sufficient in providing a color reference.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 70 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In particular, it is unclear where support is provided for the new limitation “and outside the location of the environmental indicator material”. Clarification/correction is required.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 80 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In particular the claim includes the limitation “the luminescent material”. The language lacks antecedent basis. Correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 57, 59-66, 70-71, and 76-80 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Pub. 2013/0075676 (“Purdy”).
Claim 1
Purdy discloses an environmental monitor, comprising: a substrate (substrate 28); an environmental indicator material supported by the substrate and configured to change from an initial color state to an exposed color state responsive to a predetermined environmental exposure (diffraction material 24, paragraph [0146]; paragraph [0155], layers 62 and 64) wherein the predetermined environmental exposure is selected from the group consisting of humidity exposure, oxygen exposure, thawing, freezing, peak heat exposure, cumulative heat exposure, exposure to temperature lower than a low temperature threshold, exposure to temperature above a high temperature threshold, and combinations thereof (paragraph [0130], temperature variations of heat and cold); and a luminescent security material supported by the substrate, the luminescent security material configured to emit a light of a predetermined color responsive to being exposed to light of predetermined wavelengths (photoluminescence, paragraph [0134-0139]), wherein the luminescent security material is (a) positioned over, or (b) positioned under the environmental indicator material (Fig. 4, positioned over the environmental indicator material; Fig. 9, positioned between two layers of environmental indicator material).
Claim 57
Purdy discloses the environmental monitor of claim 1, wherein the environmental indicator material is configured to change color state responsive to an exposure to heat in excess of a predetermined heat exposure threshold (Purdy, paragraph [0130], heat).
Claim 59
Purdy discloses the environmental monitor of claim 1, wherein the environmental indicator material is configured to change color state responsive to exposure to temperature
above a predetermined threshold (Purdy, paragraph [0138], liquid crystal color change at predetermined temperatures).
Claim 60
Purdy discloses the environmental monitor of claim 1, wherein the luminescent security material is mixed with the environmental indicator material (Purdy, paragraphs [0135-0136]).
Claim 61
Purdy discloses the environmental monitor of claim 1, wherein the luminescent security material is positioned over the environmental indicator material (paragraph [0145]).
Claim 62
Purdy discloses the environmental monitor of claim 1, wherein the luminescent security material is positioned under the environmental indicator material on the substrate (paragraph [0155], under layer 62).
Claim 63
Purdy discloses the environmental monitor of claim 1, wherein the change from the initial color state to the exposed color state responsive to the predetermined environmental exposure of the environmental indicator material is selected from the group consisting of a change in reflectivity, a change in transparency, a change in hue, a change in apparent color, darkening, lightening, and combinations thereof (Purdy, paragraph [0134], transparent shift).
Claim 64
Purdy discloses the environmental monitor of claim 63, wherein the change from the initial color state to the exposed color state responsive to the predetermined environmental exposure of the environmental indicator material is a change of transparency (Purdy, paragraph [0134, transparent shift).
Claim 65
Purdy discloses the environmental monitor of claim 1, wherein the predetermined color light is outside the visible light spectrum (Purdy, paragraphs [0131], ultraviolet).
Claim 66
Purdy discloses the environmental monitor of claim 1, wherein the light of predetermined wavelengths have wavelengths in a range selected from the group consisting of about 10-400 nm, about 10-380 nm, about 10-100 nm, about 100-280 nm, about 280-315 nm, about 315-400 nm, about 180-380 nm, about 180-400nm, about 100-400 nm, about 100-315 nm, about 280-400 nm, about 400-500 nm, about 700 nm-1 mm, about 700 nm-1.1 µm, about 780 nm-1.4 µm, about 1.4- 3 µm, and about 3 µm -1mm (paragraph [0067]).
Claim 70
Purdy discloses an environmental monitor, comprising: a substrate (substrate 28); an environmental indicator material in a location supported by the substrate and configured to change from an initial color state to an exposed color state responsive to a predetermined environmental exposure (diffraction material 24, paragraph [0146]; paragraph [0155], layers 62 and 64) wherein the predetermined environmental exposure is selected from the group consisting of humidity exposure, oxygen exposure, thawing, freezing, peak heat exposure, cumulative heat exposure, exposure to temperature lower than a low temperature threshold, exposure to temperature above a high temperature threshold, and combinations thereof (paragraph [0130], temperature variations of heat and cold); and a luminescent security material supported by the substrate, the luminescent security material configured to emit a light of a predetermined color responsive to being exposed to light of predetermined wavelengths (photoluminescence, paragraph [0134-0139]); and a reference component supported by the substrate, wherein the luminescent security material is positioned within the reference component and outside the location of the environmental indicator material, the reference component providing a color reference for the environmental indicator material (Purdy, paragraph [0100, 0131, 0145], support layer includes taggants and contrast viewing; Figs. 3a, 3b, 5a, 5b).
Claim 71
Purdy discloses the environmental monitor of claim 1, wherein the luminescent security material comprises a material selected from the group consisting of: a phosphorescent material, a fluorescent material, a phosphorescent ink, a fluorescent ink, a phosphorescent dye, and a fluorescent dye (Purdy, paragraphs [0135-0136]).
Claim 76
Purdy discloses the environmental monitor of claim 53, wherein the change from the initial color state to the exposed color state is a change from an opaque color state to a transparent color state or a change from the transparent color state to the opaque color state (Purdy, paragraph [0134-0135]).
Claim 77
Purdy discloses the environmental monitor of claim 76, wherein the luminescent security material is obscured by the environmental indicator material when the environmental indicator material is in the opaque state, and the luminescent security material is revealed when environmental indicator material is in the transparent state (Purdy, paragraph [0134-0135; 0155]).
Claim 78
Purdy discloses the environmental monitor of claim 77, wherein the substrate has a color which is matched with the environmental indicator material when in the opaque state, such that when the change from the initial color state to the exposed color state occurs, a visual appearance of the environmental monitor remains unchanged, and the luminescent security material is revealed or obscured by the change in color state of the environmental indicator material(Purdy, paragraph [0134-0135]).
Claim 79
Purdy discloses the environmental monitor of claim 76, wherein the substrate has the predetermined color, so that when the environmental indicator material is in the transparent state, the luminescent security material does not visually contrast with the substrate, and when the environmental indicator material is in the opaque state, the environmental indicator material contrasts with the predetermined color of the luminescent security material (Purdy, paragraph [0134-0135]).
Claim 80
Purdy discloses the environmental monitor of claim 53, wherein the luminescent material is located over the environmental indicator material on the substrate (Purdy, Fig. 9, paragraph [0155], luminescent material is provided both over and under).
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 53 and 67-69 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2013/0075676 (“Purdy”) in view of U.S. Patent Pub. 2016/0069812 (“Prusik”).
Claim 53
Purdy discloses an environmental monitor, comprising: a substrate (substrate 28); an environmental indicator material supported by the substrate and configured to change from an initial color state to an exposed color state responsive to a predetermined environmental exposure (diffraction material 24, paragraph [0146]) wherein the predetermined environmental exposure is selected from the group consisting of humidity exposure, oxygen exposure, thawing, freezing, peak heat exposure, cumulative heat exposure, exposure to temperature lower than a low temperature threshold, exposure to temperature above a high temperature threshold, and combinations thereof (paragraph [0130], temperature variations of heat and cold); and a luminescent security material supported by the substrate, the luminescent security material configured to emit a light of a predetermined color responsive to being exposed to light of predetermined wavelengths (photoluminescence, paragraph [0134-0139]).
Purdy does not appear to explicitly disclose the change from the initial color state to the exposed color state responsive to the predetermined environmental exposure is irreversible.
Prusik discloses an environmental monitor including an indicator including an irreversible color changing reaction (paragraph [0175]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the color change is irreversible, as disclosed by Prusik, into the device of Purdy, for the purpose of providing a long lasting record of heat exposure (Prusik, paragraph [0163]).
Claim 67
Purdy discloses the environmental monitor of claim 1,
Purdy does not appear to explicitly disclose wherein the environmental indicator material comprises a liquefiable solid, and is configured to change from the initial color state to the exposed color state in response to liquefication of the liquefiable solid at or above a predetermined temperature, wherein the exposed color state persists after the liquefiable solid re-solidifies.
Prusik discloses an environmental monitor including an indicator including a meltable solid, and is configured to change color state in response to the melting of the meltable solid at a predetermined temperature, the color state change persisting after the meltable solid re-solidifies (paragraph [0012]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a meltable solid, and is configured to change
color state in response to the melting of the meltable solid at a predetermined temperature, the color state change persisting after the meltable solid re-solidifies, as disclosed by Prusik, into the
device of Purdy, for the purpose of indicating excessive heat exposure for a sample with a strong color change (Prusik, paragraph [0009, 0012]).
Claim 68
Purdy in view of Prusik discloses the environmental monitor of claim 67, wherein the liquefiable solid comprises a polymer having side chain crystallinity (SCC) (Prusik, paragraph [0140]).
Claim 69
Purdy in view of Prusik discloses the environmental monitor of claim 67, wherein the liquefiable solid comprises at least one of an alkane, an alkyl ester, or a wax (Prusik, paragraph [0140]), wax.
Claims 54 and 55 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2013/0075676 (“Purdy”) in view of U.S. Patent Pub. 2009/0108983 (“Darr”).
Claim 54
Purdy discloses the environmental monitor of claim 1.
Purdy does not appear to explicitly disclose wherein the change from the initial color state to the exposed color state responsive to the predetermined environmental exposure is semi- irreversible, and the environmental indicator material is configured to maintain the exposed color state until the environmental indicator material is exposed to a second predetermined environmental exposure.
Darr discloses a temperature element with first and second temperature ranges triggering color change in reversible and irreversible ranges (paragraph [0030-0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the initial color state to the exposed color state responsive to the predetermined environmental exposure is semi- irreversible, and the environmental indicator material is configured to maintain the exposed color state until the environmental indicator material is exposed to a second predetermined environmental exposure, as disclosed by Darr, into the device of Purdy, for the purpose of indicating different operating or inoperable temperature ranges (Darr, paragraph [0030]).
Claim 55
Purdy in view of Darr discloses the environmental monitor of claim 54, wherein the predetermined environmental exposure is an exposure to temperature above first predetermined threshold, and the second predetermined exposure is an exposure to a temperature below a second predetermined threshold, the first predetermined threshold being greater than the second predetermined threshold (Darr, paragraphs [0030-0031]).
Claims 56 and 58 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2013/0075676 (“Purdy”) in view of U.S. Patent Pub. 2013/0239874 (“Smith”).
Claim 56
Purdy discloses the environmental monitor of claim 1.
Purdy does not appear to explicitly disclose wherein the environmental indicator material is configured to change color state responsive to an exposure to humidity in excess of a predetermined humidity exposure threshold.
Smith discloses an indicator agent for temperature history including agents responding to humidity (paragraph [0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the environmental indicator material is configured to change color state responsive to an exposure to humidity in excess of a
predetermined humidity exposure threshold, as disclosed by Smith, into the device of Purdy, for the purpose of providing a long lasting record of cumulative exposure (Smith, paragraph [0048]).
Claim 58
Purdy discloses the environmental monitor of claim 57,
Purdy does not appear to explicitly disclose wherein the environmental indicator material includes an active diacetylenic compound configured to change its color state in response to cumulative heat exposure over time.
Smith discloses an indicator agent for temperature history including an active diacetylenic compound color changing agent responding to temperature (paragraph [0012]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated an active diacetylenic compound configured to change its color state in response to cumulative heat exposure over time, as disclosed by Smith, into the device of Purdy, for the purpose of providing a long lasting record of cumulative exposure (Smith, paragraph [0012]).
Claims 72-75 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2013/0075676 (“Purdy”) in view of U.S. Patent Pub. 2015/0002399 (“Tang”).
Claim 72
Purdy discloses the environmental monitor of claim 1.
Purdy does not appear to explicitly disclose wherein the luminescent security material appears colored with a first color under normal lighting conditions and emits light of a second predetermined color when exposed to the light of predetermined wavelengths, and the luminescent security material continues to emit light of the second predetermined color for at least a predetermined interval after cessation of exposure to the light of predetermined wavelengths.
Tang discloses luminescent color change material which fates after a time of activation (paragraph [0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the luminescent security material appears colored with a first color under normal lighting conditions and emits light of a second predetermined color when exposed to the light of predetermined wavelengths, and the luminescent security material continues to emit light of the second predetermined color for at least a predetermined interval after cessation of exposure to the light of predetermined wavelengths, as disclosed by Tang, into the device of Purdy, for the purpose of forming a desired or target set of luminescent properties for the device (Tang, paragraph [0046]).
Claim 73
Purdy in view of Tang discloses the environmental monitor of claim 72, wherein the environmental indicator material includes the luminescent security material which appears faintly colored, colorless or transparent under normal lighting conditions and the luminescent security material continues to emit the predetermined color light for a predetermined interval after cessation of exposure to the light of predetermined wavelengths (Tang, paragraph [0046]).
Claim 74
Purdy in view of Tang discloses the environmental monitor of claim 73.
Purdy in view of Tang discloses a decay time (paragraph [0046]) but does not appear to explicitly disclose wherein the predetermined interval is in a range of about 0.1-60 seconds.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have optimized a decay time interval, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235. One would have been motivated to optimize the decay time, for the purpose of forming a desired or target set of luminescent properties for the device (Tang, paragraph [0046]).
Claim 75
Purdy in view of Tang discloses the environmental monitor of claim 73.
Purdy in view of Tang discloses a decay time (paragraph [0046]) but does not appear to explicitly disclose wherein the predetermined interval is in a range of about 1-15 seconds.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have optimized a decay time interval, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235. One would have been motivated to optimize the decay time, for the purpose of forming a desired or target set of luminescent properties for the device (Tang, paragraph [0046]).
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 ERICA S Y LIN whose telephone number is (571)270-7911. The examiner can normally be reached M-F 8-4, TW M,W.
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, Douglas X Rodriguez can be reached at (571) 431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERICA S LIN/Primary Examiner, Art Unit 2853
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