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 .
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.
Response to Arguments
Applicant’s response to Office action was received on August 21, 2025.
The claim objection to claim 10, from the previous Office action, remains. Applicant argues that the combination of claim 10 and its independent claim 5 is not of the same scope as claim 1. Examiner disagrees. Claim 10 modifies claim 5 to specify the “at least one sensor” in claim 5 to be “a temperature sensor”, and to specifiy that “the sensor information” in claim 5 is “temperature information obtained from the temperature sensor”. When these changes are made to claim 5, the resulting claim appears to be of the same scope as claim 1. Therefore, the objection remains. Please provide further explanation about why Applicant believes that the resulting claim scope for modified claim 5 (by claim 10) would be different from that of claim 1.
Regarding the Claim Interpretation section, Applicant argues that “remote device” should not be interpreted under 35 U.S.C. 112(f)/sixth paragraph, using as an example that the remote device does not have a function in claim 1. Examiner disagrees. Claim 1 recites that the control circuitry is configured to read and wirelessly transmit the recorded temperature information to the remote device. In order for the information to be transmitted to the remote device, the remote device must receive the information. Receiving information is a function for the remote device. For at least this reason, Examiner disagrees with Applicant’s argument here and does not find Applicant’s argument here to be persuasive.
In response to Applicant’s amendment of the claims, the corresponding prior art claim rejections, from the previous Office action, have been correspondingly amended, below in this Office action.
Examiner believes that the amendments to the prior art claim rejections, below in this Office action, render Applicant’s arguments concerning the prior art claim rejections to be not applicable.
Claim Objections
Claim 10 is objected to because of the following informalities: This claim appears to be essentially of the same scope as Claim 1 and appears to be unintentionally that way. Please correct or clarify.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “remote device” in Claims 1, 3, 5, 7, and 15-16.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-16 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arai, US 20080149731 A1, in view of Li, US 20150035680 A1, in further view of Kelly, WO 2015/096978 A1.
As per Claim 1, Arai discloses:
- a shipping label (paragraph [0071] (“A structure and a manufacturing method of the ID label 20 of the invention are described mainly with reference to FIGS. 1A, 2, and 3A and 3B.”); paragraph [0123] (“The substratum can be appropriately changed according to various applications such as a coupon bond which includes a postage stamp, a railway ticket, a ticket, an admission ticket, a gift token, a book coupon, a stationery coupon, a beer coupon, rice coupon, various gift certificates and various service certificates, a valuable paper which includes a security, a promissory note, a check, a stock, and a public corporation bond, a deed which includes a resident's card, a copy of family register, an abstract of family register, an employee ID, a student ID, a membership card, an admission ticket for an examination, a participant ticket, a qualification, and an identification, an ID tag used for identifying goods which includes a shipping tag, a price tag, a nametag and a homeplate, a wrapping paper and the like.”); paragraph [0125] (“In FIGS. 7A and 7B, the structure of the antenna including the cross wiring, the connecting method of the thin film integrated circuit device and the antenna, and the like can be similar to those described in Embodiment Modes 1 to 4.”));
- a flexible substrate comprising control circuitry and memory, wherein each of the control circuitry and the memory are comprised of thin-film flexible electronic circuitry disposed on the flexible substrate (Figure 7A; abstract; paragraph [0017] (much of paragraph); paragraph [0074] (“It is preferable to use a flexible material for the label substratum so that the ID label can be adhered to products having various shapes as well as to a product that has a plane shape.”); paragraph [0123] (“FIG. 7A shows the internal substratum 32 on which the antenna 11 and the thin film integrated circuit device 13 are adhered is sealed with a top substratum 42a and a bottom substratum 42b through the adhesive layer 36.”); paragraph [0125] (“At this time, by forming the internal substrates 32 and 44 as small as possible as compared to the top substratums 42a and 43a and the bottom substratums 42b and 43b, an area for adhesion occupied by the adhesive layer 36 can be large.”); paragraph [0128] (whole paragraph); paragraph [0155] (“Next, a thin film transistor (TFT) which constitutes a CPU and a memory of the thin film integrated circuit device are formed on the protective film 55.”); paragraph [0182] (most of paragraph); paragraph [0219] (“In this embodiment, a method for separately forming an antenna formed on a flexible substrate and a thin film integrated circuit device and connecting them later is described with reference to FIGS. 22A and 23D.”); paragraph [0220] (“FIGS. 22A to 22C show a manufacturing method of an ID label, an ID card or the like by forming an antenna 105 over a flexible substrate 104 which can be folded, connecting an IDF chip 107 which is separately formed to the antenna 105, and folding the flexible substrate 104 for sealing.”); paragraph [0226] (“Next, an IDF chip on which various wirings are formed is adhered on the connecting pad 106 of the flexible substrate 104 on which the antenna is formed (see FIGS. 22A to 22C).”); paragraph [0227] (“Next, the flexible substrate 104 is folded and a connecting pad of the top antenna and the top connecting wiring 109a are connected through the ACF 22 similarly (see FIG. 23D).”); paragraph [0285] (much of paragraph)).
Arai fails to disclose wherein the flexible substrate includes a temperature sensor, wherein the temperature sensor is comprised of thin-film flexible electronic circuitry disposed on the flexible substrate; wherein the control circuitry is configured to (i) control temperature sensing operations of the label by utilizing the temperature sensor to monitor and record temperature information in the memory, at a programmed time interval, and (ii) read and wirelessly transmit the recorded temperature information to a device. Li discloses wherein the flexible substrate includes a temperature sensor, wherein the temperature sensor is comprised of thin-film flexible electronic circuitry disposed on the flexible substrate (title; paragraphs [0004]-[0005] (much of these paragraphs); paragraph [0069] (“thin-film platinum resistance thermometer”); paragraph [0075] (“In an example, the conformal sensor device includes the at least one sensor disposed on a flexible and/or stretchable substrate.”); paragraph [0156] (“The conformal sensor device can be configured to be appropriately flexible for on-the-body placement, and specifically for axillary placement.”); paragraph [0186] (“For example, the conformal sensor device can be skin mounted. In an example, the conformal sensor device is configured as a conformal electronic device that allows it to be flexible and/or stretchable.”); paragraph [0195] (“As a non-limiting example, the conformal sensor device can be fabricated on a soft, flexible, encapsulated, durable electronics module.”)); wherein the control circuitry is configured to (i) control temperature sensing operations of the label by utilizing the temperature sensor to monitor and record temperature information in the memory, at a programmed time interval, and (ii) read and wirelessly transmit the recorded temperature information to a device (Figure 2; Figure 3; paragraph [0085] (“The data from apparatus 102 is stored in memory 156. In an example, when a near-field communication (NFC)-enabled computing device 108 (not shown) is brought into proximity with the system 150, data is transferred to the handheld device, where it is interpreted by application software of the handheld device.”); paragraph [0086] (“FIG. 3 shows an example apparatus 300 that can be used to implement any of the example methods described herein. The example apparatus can be housed in the conformal sensor device 102 or the external computing device 108.”); paragraph [0087] (“processor-executable instructions 308”); paragraph [0148] (much of paragraph); paragraph [0154] (much of paragraph); paragraph [0161] (much of paragraph)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Arai such that the flexible substrate includes a temperature sensor, wherein the temperature sensor is comprised of thin-film flexible electronic circuitry disposed on the flexible substrate; and the control circuitry is configured to (i) control temperature sensing operations of the label by utilizing the temperature sensor to monitor and record temperature information in the memory, at a programmed time interval, and (ii) read and wirelessly transmit the recorded temperature information to a device, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
The modified Arai fails to disclose wherein the data is transmitted to a remote device. Kelly discloses wherein the data is transmitted to a remote device (p. 5, lines 18-28 (cellular communication module; external data server); p. 13, lines 10-13; p. 15, lines 12-21 (cellular communication module; remotely); p. 16, lines 7-12 (flexible); p. 18, lines 13-31 (thin film PCB; flexible); p. 23, lines 25-34 (label)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the data is transmitted to a remote device, as disclosed by Kelly, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 2, Arai further discloses wherein the flexible substrate comprises a plastic substrate (paragraph [0110]; paragraph [0123]; paragraph [0125]).
As per Claim 3, the modified Arai fails to disclose wherein the control circuitry is configured to wireless communicate with the device to enable a user of the device to program the temperature sensing operations. Li further discloses wherein the control circuitry is configured to wireless communicate with the device to enable a user of the device to program the temperature sensing operations (Figure 2; Figure 3; paragraph [0085]; paragraph [0086]; paragraph [0087]; paragraph [0148]; paragraph [0154]; paragraph [0161]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the control circuitry is configured to wireless communicate with the device to enable a user of the device to program the temperature sensing operations, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
The modified Arai fails to disclose wherein the device programming the label is a remote device. Kelly further discloses wherein the device programming the label is a remote device (Figure 5; p. 6, lines 8-21; p. 13, lines 7-13; p. 14, lines 23-24; p. 15, lines 7-11; p. 21, lines 12-13; p. 21, lines 23-34; p. 23, lines 25-34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the device programming the label is a remote device, as disclosed by Kelly, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 4, Arai further discloses wherein the label is a shipping label (paragraph [0071]; paragraph [0123]; paragraph [0125]).
The modified Arai fails to disclose wherein the label is re-programmable. Li further discloses wherein the label is re-programmable (Figure 2; Figure 3; paragraph [0085]; paragraph [0086]; paragraph [0087]; paragraph [0148]; paragraph [0154]; paragraph [0161]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the label is re-programmable, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 5, Arai discloses:
- a shipping label (paragraph [0071] (“A structure and a manufacturing method of the ID label 20 of the invention are described mainly with reference to FIGS. 1A, 2, and 3A and 3B.”); paragraph [0123] (“The substratum can be appropriately changed according to various applications such as a coupon bond which includes a postage stamp, a railway ticket, a ticket, an admission ticket, a gift token, a book coupon, a stationery coupon, a beer coupon, rice coupon, various gift certificates and various service certificates, a valuable paper which includes a security, a promissory note, a check, a stock, and a public corporation bond, a deed which includes a resident's card, a copy of family register, an abstract of family register, an employee ID, a student ID, a membership card, an admission ticket for an examination, a participant ticket, a qualification, and an identification, an ID tag used for identifying goods which includes a shipping tag, a price tag, a nametag and a homeplate, a wrapping paper and the like.”); paragraph [0125] (“In FIGS. 7A and 7B, the structure of the antenna including the cross wiring, the connecting method of the thin film integrated circuit device and the antenna, and the like can be similar to those described in Embodiment Modes 1 to 4.”));
- a flexible substrate comprising control circuitry and memory, wherein each of the control circuitry and the memory are comprised of thin-film flexible electronic circuitry disposed on the flexible substrate (Figure 7A; abstract; paragraph [0017] (much of paragraph); paragraph [0074] (“It is preferable to use a flexible material for the label substratum so that the ID label can be adhered to products having various shapes as well as to a product that has a plane shape.”); paragraph [0123] (“FIG. 7A shows the internal substratum 32 on which the antenna 11 and the thin film integrated circuit device 13 are adhered is sealed with a top substratum 42a and a bottom substratum 42b through the adhesive layer 36.”); paragraph [0125] (“At this time, by forming the internal substrates 32 and 44 as small as possible as compared to the top substratums 42a and 43a and the bottom substratums 42b and 43b, an area for adhesion occupied by the adhesive layer 36 can be large.”); paragraph [0128] (whole paragraph); paragraph [0155] (“Next, a thin film transistor (TFT) which constitutes a CPU and a memory of the thin film integrated circuit device are formed on the protective film 55.”); paragraph [0182] (most of paragraph); paragraph [0219] (“In this embodiment, a method for separately forming an antenna formed on a flexible substrate and a thin film integrated circuit device and connecting them later is described with reference to FIGS. 22A and 23D.”); paragraph [0220] (“FIGS. 22A to 22C show a manufacturing method of an ID label, an ID card or the like by forming an antenna 105 over a flexible substrate 104 which can be folded, connecting an IDF chip 107 which is separately formed to the antenna 105, and folding the flexible substrate 104 for sealing.”); paragraph [0226] (“Next, an IDF chip on which various wirings are formed is adhered on the connecting pad 106 of the flexible substrate 104 on which the antenna is formed (see FIGS. 22A to 22C).”); paragraph [0227] (“Next, the flexible substrate 104 is folded and a connecting pad of the top antenna and the top connecting wiring 109a are connected through the ACF 22 similarly (see FIG. 23D).”); paragraph [0285] (much of paragraph)).
Arai fails to disclose wherein the flexible substrate includes at least one sensor, wherein the at least one sensor is comprised of thin-film flexible electronic circuitry disposed on the flexible substrate; wherein the control circuitry is configured to (i) control sensing operations of the label by utilizing the at least one sensor to monitor and record sensor information in the memory, at a programmed time interval, and (ii) read and wirelessly transmit the recorded sensor information to a device. Li discloses wherein the flexible substrate includes at least one sensor, wherein the at least one sensor is comprised of thin-film flexible electronic circuitry disposed on the flexible substrate (title; paragraphs [0004]-[0005] (much of these paragraphs); paragraph [0069] (“thin-film platinum resistance thermometer”); paragraph [0075] (“In an example, the conformal sensor device includes the at least one sensor disposed on a flexible and/or stretchable substrate.”); paragraph [0156] (“The conformal sensor device can be configured to be appropriately flexible for on-the-body placement, and specifically for axillary placement.”); paragraph [0186] (“For example, the conformal sensor device can be skin mounted. In an example, the conformal sensor device is configured as a conformal electronic device that allows it to be flexible and/or stretchable.”); paragraph [0195] (“As a non-limiting example, the conformal sensor device can be fabricated on a soft, flexible, encapsulated, durable electronics module.”)); wherein the control circuitry is configured to (i) control sensing operations of the label by utilizing the at least one sensor to monitor and record sensor information in the memory, at a programmed time interval, and (ii) read and wirelessly transmit the recorded sensor information to a device (Figure 2; Figure 3; paragraph [0085] (“The data from apparatus 102 is stored in memory 156. In an example, when a near-field communication (NFC)-enabled computing device 108 (not shown) is brought into proximity with the system 150, data is transferred to the handheld device, where it is interpreted by application software of the handheld device.”); paragraph [0086] (“FIG. 3 shows an example apparatus 300 that can be used to implement any of the example methods described herein. The example apparatus can be housed in the conformal sensor device 102 or the external computing device 108.”); paragraph [0087] (“processor-executable instructions 308”); paragraph [0148] (much of paragraph); paragraph [0154] (much of paragraph); paragraph [0161] (much of paragraph)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Arai such that the flexible substrate includes at least one sensor, wherein the at least one sensor is comprised of thin-film flexible electronic circuitry disposed on the flexible substrate; and the control circuitry is configured to (i) control sensing operations of the label by utilizing the at least one sensor to monitor and record sensor information in the memory, at a programmed time interval, and (ii) read and wirelessly transmit the recorded sensor information to a device, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
The modified Arai fails to disclose wherein the data is transmitted to a remote device. Kelly discloses wherein the data is transmitted to a remote device (p. 5, lines 18-28 (cellular communication module; external data server); p. 13, lines 10-13; p. 15, lines 12-21 (cellular communication module; remotely); p. 16, lines 7-12 (flexible); p. 18, lines 13-31 (thin film PCB; flexible); p. 23, lines 25-34 (label)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the data is transmitted to a remote device, as disclosed by Kelly, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 6, Arai further discloses wherein the flexible substrate comprises a plastic substrate (paragraph [0110]; paragraph [0123]; paragraph [0125]).
As per Claim 7, the modified Arai fails to disclose wherein the control circuitry is configured to wireless communicate with the device to enable a user of the device to program the sensing operations. Li further discloses wherein the control circuitry is configured to wireless communicate with the device to enable a user of the device to program the sensing operations (Figure 2; Figure 3; paragraph [0085]; paragraph [0086]; paragraph [0087]; paragraph [0148]; paragraph [0154]; paragraph [0161]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the control circuitry is configured to wireless communicate with the device to enable a user of the device to program the sensing operations, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
The modified Arai fails to disclose wherein the device programming the label is a remote device. Kelly further discloses wherein the device programming the label is a remote device (Figure 5; p. 6, lines 8-21; p. 13, lines 7-13; p. 14, lines 23-24; p. 15, lines 7-11; p. 21, lines 12-13; p. 21, lines 23-34; p. 23, lines 25-34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the device programming the label is a remote device, as disclosed by Kelly, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 8, Arai further discloses wherein the label is a shipping label (paragraph [0071]; paragraph [0123]; paragraph [0125]).
The modified Arai fails to disclose wherein the label is re-programmable. Li further discloses wherein the label is re-programmable (Figure 2; Figure 3; paragraph [0085]; paragraph [0086]; paragraph [0087]; paragraph [0148]; paragraph [0154]; paragraph [0161]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the label is re-programmable, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 9, the modified Arai fails to disclose wherein the at least one sensor is configured to monitor an environmental condition. Li further discloses wherein the at least one sensor is configured to monitor an environmental condition (title; paragraphs [0004]-[0005]; paragraph [0069]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the at least one sensor is configured to monitor an environmental condition, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 10, the modified Arai fails to disclose wherein: the at least one sensor comprises a temperature sensor; and the sensor information comprises temperature information obtained from the temperature sensor. Li further discloses wherein: the at least one sensor comprises a temperature sensor; and the sensor information comprises temperature information obtained from the temperature sensor (title; paragraphs [0004]-[0005]; paragraph [0069]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the at least one sensor comprises a temperature sensor; and the sensor information comprises temperature information obtained from the temperature sensor, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 11, the modified Arai fails to disclose wherein: the at least one sensor comprises a humidity sensor; and the sensor information comprises humidity information obtained from the humidity sensor. Li further discloses wherein: the at least one sensor comprises a humidity sensor; and the sensor information comprises humidity information obtained from the humidity sensor (paragraph [0242]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the at least one sensor comprises a humidity sensor; and the sensor information comprises humidity information obtained from the humidity sensor, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 12, the modified Arai fails to disclose wherein: the at least one sensor comprises a light sensor; and the sensor information comprises light exposure information obtained from the light sensor. Li further discloses wherein: the at least one sensor comprises a light sensor; and the sensor information comprises light exposure information obtained from the light sensor (paragraph [0094]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the at least one sensor comprises a light sensor; and the sensor information comprises light exposure information obtained from the light sensor, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 13, the modified Arai fails to disclose wherein: the at least one sensor comprises an altimeter sensor; and the sensor information comprises barometric pressure information obtained from the altimeter sensor. Kelly further discloses wherein: the at least one sensor comprises an altimeter sensor; and the sensor information comprises barometric pressure information obtained from the altimeter sensor (p. 30, lines 15-21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the at least one sensor comprises an altimeter sensor; and the sensor information comprises barometric pressure information obtained from the altimeter sensor, as disclosed by Kelly, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 14, the modified Arai fails to disclose wherein: the at least one sensor comprises an accelerometer; and the sensor information comprises motion information obtained from the accelerometer. Li further discloses wherein: the at least one sensor comprises an accelerometer; and the sensor information comprises motion information obtained from the accelerometer (paragraph [0081]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the at least one sensor comprises an accelerometer; and the sensor information comprises motion information obtained from the accelerometer, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 15, the modified Arai fails to disclose wherein the sensor information is recorded locally. Li further discloses wherein the sensor information is recorded locally (Figure 2; Figure 3; paragraph [0085]; paragraph [0086]; paragraph [0087]; paragraph [0148]; paragraph [0154]; paragraph [0161]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the sensor information is recorded locally, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
The modified Arai fails to disclose wherein the control circuitry comprises a cellular modem to wirelessly transmit the sensor information to a remote device. Kelly further discloses wherein the control circuitry comprises a cellular modem to wirelessly transmit the sensor information to a remote device (p. 5, lines 18-28; p. 13, lines 10-13; p. 15, lines 12-21; p. 16, lines 7-12; p. 18, lines 13-31; p. 19, lines 12-37; p. 23, lines 25-34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the control circuitry comprises a cellular modem to wirelessly transmit the sensor information to a remote device, as disclosed by Kelly, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 16, the modified Arai fails to disclose wherein the control circuitry comprises a wireless transceiver that is configured to wirelessly communicate with the remote device. Kelly further discloses wherein the control circuitry comprises a wireless transceiver that is configured to wirelessly communicate with the remote device (p. 5, lines 18-28; p. 13, lines 7-13; p. 15, lines 12-21; p. 16, lines 7-12; p. 18, lines 13-31; p. 19, lines 12-37; p. 23, lines 25-34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the control circuitry comprises a wireless transceiver that is configured to wirelessly communicate with the remote device, as disclosed by Kelly, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 19, Arai discloses:
- a package label (paragraph [0009] (“Further, an integrated circuit formed on a silicon wafer is thick, therefore, there is a limit in design due to projections and depressions when mounting it to a package of product.”); paragraph [0010] (whole paragraph); paragraph [0071] (“A structure and a manufacturing method of the ID label 20 of the invention are described mainly with reference to FIGS. 1A, 2, and 3A and 3B.”); paragraph [0123] (“The substratum can be appropriately changed according to various applications such as a coupon bond which includes a postage stamp, a railway ticket, a ticket, an admission ticket, a gift token, a book coupon, a stationery coupon, a beer coupon, rice coupon, various gift certificates and various service certificates, a valuable paper which includes a security, a promissory note, a check, a stock, and a public corporation bond, a deed which includes a resident's card, a copy of family register, an abstract of family register, an employee ID, a student ID, a membership card, an admission ticket for an examination, a participant ticket, a qualification, and an identification, an ID tag used for identifying goods which includes a shipping tag, a price tag, a nametag and a homeplate, a wrapping paper and the like.”); paragraph [0125] (“In FIGS. 7A and 7B, the structure of the antenna including the cross wiring, the connecting method of the thin film integrated circuit device and the antenna, and the like can be similar to those described in Embodiment Modes 1 to 4.”));
- a flexible substrate comprising thin-film flexible electronic circuitry disposed on the flexible substrate (Figure 7A; abstract; paragraph [0017] (much of paragraph); paragraph [0074] (“It is preferable to use a flexible material for the label substratum so that the ID label can be adhered to products having various shapes as well as to a product that has a plane shape.”); paragraph [0123] (“FIG. 7A shows the internal substratum 32 on which the antenna 11 and the thin film integrated circuit device 13 are adhered is sealed with a top substratum 42a and a bottom substratum 42b through the adhesive layer 36.”); paragraph [0125] (“At this time, by forming the internal substrates 32 and 44 as small as possible as compared to the top substratums 42a and 43a and the bottom substratums 42b and 43b, an area for adhesion occupied by the adhesive layer 36 can be large.”); paragraph [0128] (whole paragraph); paragraph [0155] (“Next, a thin film transistor (TFT) which constitutes a CPU and a memory of the thin film integrated circuit device are formed on the protective film 55.”); paragraph [0182] (most of paragraph); paragraph [0219] (“In this embodiment, a method for separately forming an antenna formed on a flexible substrate and a thin film integrated circuit device and connecting them later is described with reference to FIGS. 22A and 23D.”); paragraph [0220] (“FIGS. 22A to 22C show a manufacturing method of an ID label, an ID card or the like by forming an antenna 105 over a flexible substrate 104 which can be folded, connecting an IDF chip 107 which is separately formed to the antenna 105, and folding the flexible substrate 104 for sealing.”); paragraph [0226] (“Next, an IDF chip on which various wirings are formed is adhered on the connecting pad 106 of the flexible substrate 104 on which the antenna is formed (see FIGS. 22A to 22C).”); paragraph [0227] (“Next, the flexible substrate 104 is folded and a connecting pad of the top antenna and the top connecting wiring 109a are connected through the ACF 22 similarly (see FIG. 23D).”); paragraph [0285] (much of paragraph));
- wherein the thin-film flexible electronic circuitry comprises: a processor (Figure 7A; abstract; paragraph [0017] (much of paragraph); paragraph [0074] (“It is preferable to use a flexible material for the label substratum so that the ID label can be adhered to products having various shapes as well as to a product that has a plane shape.”); paragraph [0123] (“FIG. 7A shows the internal substratum 32 on which the antenna 11 and the thin film integrated circuit device 13 are adhered is sealed with a top substratum 42a and a bottom substratum 42b through the adhesive layer 36.”); paragraph [0125] (“At this time, by forming the internal substrates 32 and 44 as small as possible as compared to the top substratums 42a and 43a and the bottom substratums 42b and 43b, an area for adhesion occupied by the adhesive layer 36 can be large.”); paragraph [0128] (whole paragraph); paragraph [0155] (“Next, a thin film transistor (TFT) which constitutes a CPU and a memory of the thin film integrated circuit device are formed on the protective film 55.”); paragraph [0182] (most of paragraph); paragraph [0219] (“In this embodiment, a method for separately forming an antenna formed on a flexible substrate and a thin film integrated circuit device and connecting them later is described with reference to FIGS. 22A and 23D.”); paragraph [0220] (“FIGS. 22A to 22C show a manufacturing method of an ID label, an ID card or the like by forming an antenna 105 over a flexible substrate 104 which can be folded, connecting an IDF chip 107 which is separately formed to the antenna 105, and folding the flexible substrate 104 for sealing.”); paragraph [0226] (“Next, an IDF chip on which various wirings are formed is adhered on the connecting pad 106 of the flexible substrate 104 on which the antenna is formed (see FIGS. 22A to 22C).”); paragraph [0227] (“Next, the flexible substrate 104 is folded and a connecting pad of the top antenna and the top connecting wiring 109a are connected through the ACF 22 similarly (see FIG. 23D).”); paragraph [0285] (much of paragraph));
- wherein the thin-film flexible electronic circuitry comprises: a memory device (Figure 7A; paragraph [0074] (“It is preferable to use a flexible material for the label substratum so that the ID label can be adhered to products having various shapes as well as to a product that has a plane shape.”); paragraph [0128] (whole paragraph); paragraph [0155] (“Next, a thin film transistor (TFT) which constitutes a CPU and a memory of the thin film integrated circuit device are formed on the protective film 55.”); paragraph [0182] (most of paragraph); paragraph [0220] (“FIGS. 22A to 22C show a manufacturing method of an ID label, an ID card or the like by forming an antenna 105 over a flexible substrate 104 which can be folded, connecting an IDF chip 107 which is separately formed to the antenna 105, and folding the flexible substrate 104 for sealing.”); paragraph [0227] (“Next, the flexible substrate 104 is folded and a connecting pad of the top antenna and the top connecting wiring 109a are connected through the ACF 22 similarly (see FIG. 23D).”); paragraph [0285] (much of paragraph));
- wherein the thin-film flexible electronic circuitry comprises: a communications device (Figure 7A; Figure 27; paragraph [0019] (“The thin film integrated circuit device used for the invention is formed without using a silicon wafer in principle and formed by using an insulting substrate such as a glass substrate and a quartz substrate, and the thin film integrated circuit device can be transferred to a flexible substrate, therefore, it is also referred to as an IDG chip (Identification Glass Chip), an IDF chip (Identification Flexible Chip), a soft chip and the like. Hereafter, the thin film integrated circuit device is sometimes referred to as an IDF chip.”); paragraph [0072] (much of paragraph); paragraph [0074] (“It is preferable to use a flexible material for the label substratum so that the ID label can be adhered to products having various shapes as well as to a product that has a plane shape.”); paragraph [0110] (“It is preferable that the ID label as well as the internal substratum be formed of a flexible material so that the ID label can be adhered on a product having various shapes not only on a product having a plane shape.”); paragraph [0118] (“The ID card is usually used without being folded, however, it is preferable to use a flexible material for the card substratum in the case of forming a folding ID card.”); paragraph [0125] (“In FIGS. 7A and 7B, the structure of the antenna including the cross wiring, the connecting method of the thin film integrated circuit device and the antenna, and the like can be similar to those described in Embodiment Modes 1 to 4.”); paragraph [0220] (much of paragraph); paragraph [0277]] (whole paragraph); paragraph [0278] (much of paragraph); paragraphs [0281]-[0282] (wireless communication); paragraph [0284] (wireless communication)).
Arai fails to disclose wherein the processor is configured to capture monitored information comprising sensor information by periodically collecting real-time sensor information from the sensor device, at a first predetermined time interval, and storing the monitored information in the memory device; wherein the processor is configured to periodically access the monitored information stored in the memory device and command the communication device to transmit the monitored information to a computing system at a second predetermined time interval. Li discloses wherein the processor is configured to capture monitored information comprising sensor information by periodically collecting real-time sensor information from the sensor device, at a first predetermined time interval, and storing the monitored information in the memory device (paragraph [0085] (most of paragraph); paragraph [0148] (“The example conformal sensor device 910 can be configured to measure temperature at a regular interval of 60 seconds.”); paragraph [0241] (“In any example, the system including the conformal sensor device can be configured for real-time monitoring.”)); wherein the processor is configured to periodically access the monitored information stored in the memory device and command the communication device to transmit the monitored information to a computing system at a second predetermined time interval (paragraph [0085] (most of paragraph); paragraph [0160] (“The conformal temperature sensor device can be a battery-operated electronic device with possible use of measuring and monitoring human body temperature continuously or intermittently with periodic wireless transmission of temperature data which is utilized by the wireless receiver and the software application (on a smartphone, computer or tablet, or other hand-held device) to record, store, and display the temperature information..”)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Arai such that the processor is configured to capture monitored information comprising sensor information by periodically collecting real-time sensor information from the sensor device, at a first predetermined time interval, and storing the monitored information in the memory device; and the processor is configured to periodically access the monitored information stored in the memory device and command the communication device to transmit the monitored information to a computing system at a second predetermined time interval, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
The modified Arai fails to disclose wherein the thin-film flexible electronic circuitry comprises: a global positioning system (GPS) device configured to determine a geolocation of the package label, and the sensor information collected and transmitted is location information from this device. Kelly discloses wherein the thin-film flexible electronic circuitry comprises: a global positioning system (GPS) device configured to determine a geolocation of the package label, and the sensor information collected and transmitted is location information from this device (p. 5, lines 18-28 (cellular communication module; external data server); p. 6, lines 22-30 (GPS); p. 13, lines 10-13; p. 15, lines 12-21 (cellular communication module; remotely); p. 16, lines 7-12 (flexible); p. 18, lines 13-31 (thin film PCB; flexible); p. 19, lines 12-37 (GPS); p. 23, lines 25-34 (label)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the thin-film flexible electronic circuitry comprises: a global positioning system (GPS) device configured to determine a geolocation of the package label, and the sensor information collected and transmitted is location information from this device, as disclosed by Kelly, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 20, the modified Arai fails to disclose wherein the thin-film flexible electronic circuitry comprises one or more sensors configured to sense one or more environmental conditions, wherein the one or more sensors comprise a temperature sensor. Li further discloses wherein the thin-film flexible electronic circuitry comprises one or more sensors configured to sense one or more environmental conditions, wherein the one or more sensors comprise a temperature sensor (title; paragraphs [0004]-[0005]; paragraph [0069]; paragraph [0075]; paragraph [0156]; paragraph [0186]; paragraph [0195]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the thin-film flexible electronic circuitry comprises one or more sensors configured to sense one or more environmental conditions, wherein the one or more sensors comprise a temperature sensor, as disclosed by Li, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arai in view of Li in further view of Kelly in further view of Peterson, U.S. Patent No. 5627150.
As per Claim 17, Arai further discloses wherein the item is a shipping label (paragraph [0071]; paragraph [0123]; paragraph [0125]).
The modified Arai fails to disclose a weather proof coating encapsulating the item. Peterson discloses a weather proof coating encapsulating the item (Figure 3; column 3, lines 30-58; claim 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the invention includes a weather proof coating encapsulating the item, as disclosed by Peterson, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 18, the modified Arai fails to disclose wherein the weather proof coating comprises a thermoplastic coating. Peterson further discloses wherein the weather proof coating comprises a thermoplastic coating (Figure 3; column 3, lines 30-58 (polyethylene); claim 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the modified Arai such that the weather proof coating comprises a thermoplastic coating, as disclosed by Peterson, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Murphy, US 20130346336 A1 (systems and methods for trip management).
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 NATHAN ERB whose telephone number is (571)272-7606. The examiner can normally be reached M - F, 11:30 AM - 8 PM.
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/NATHAN ERB/Primary Examiner, Art Unit 3628