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 .
This Office Action is in response to the Amendment / Request for Reconsideration-After Non-Final Rejection filed on December 29, 2025 wherein: claim(s) 1-2, 6, 10 were amended, claim(s) 15 is new. Examiner notes amendments in claim(s) are directed to overcome rejections under 35 USC § 112 / 35 USC § 102. Therefore, claims 1-15 are pending and will be examined.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (China Patent CN209973056U) hereinafter HU, in view of Gatica et al. (W. I. P. O. Patent Application Publication WO2016004544A1) hereinafter GATICA.
Regarding claim 1, HU teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 below) a temperature monitoring and notifying system 121 for reflecting the temperature of wine within a wine bottle H1-01 relative to a desired temperature for consuming the wine, the system 121 comprising:
a substrate 123 affixed to a beverage container 121;
a first temperature sensitive ink 1211 affixed to or integral with the substrate 123, the first temperature sensitive ink 1211 being calibrated to change its appearance when a first desired temperature (page 5, lines 7-16, “... By providing...”) of the wine has been reached;
a second temperature sensitive ink 1212 affixed to or integral with the substrate 123, the second temperature sensitive ink 1212 being calibrated to change its appearance when a second desired temperature (page 5, lines 7-16, “... By providing...”) of the wine has been reached; and further
wherein the first desired temperature (page 5, lines 7-16, “... By providing...”) and the second desired temperature (page 5, lines 7-16, “... By providing...”) are offset one to four degrees from a desired temperature of the wine in the wine bottle H1-01 at the interior surface H4-02 of the wine bottle H1-01.
HU fails to teach wherein the first desired temperature (page 5, lines 7-16, “... By providing...”) of the wine is determined by correlating the first temperature sensitive ink 1211 and offsetting it based upon insulative properties H5-01 of the wine bottle H1-01 and the temperature differential between the wine and the exterior surface H4-01 of the bottle H1-01.
HU fails to teach wherein the second desired temperature (page 5, lines 7-16, “... By providing...”) of the wine is determined by correlating the second temperature sensitive ink 1212 and offsetting it based upon insulative properties H5-01 of the wine bottle H1-01 and the temperature differential between the wine and the exterior surface H4-01 of the bottle H1-01.
However, GATICA teaches (see Figure 1 - Figure 5, Figure 8 below) [albeit with different phraseology] a label G1-01 (page 1,Abstract, lines 1-3, “… organoleptic properties …”) wherein the first desired temperature of the wine is determined by correlating the first temperature sensitive color G2-01 and offsetting it based upon insulative properties of the wine bottle G2-04 and the temperature differential between the wine and the exterior surface the bottle G2-04 to meet design requirements.
However, GATICA further teaches [albeit with different phraseology] wherein the second desired temperature of the wine is determined by correlating the second temperature sensitive color G2-02 and offsetting it based upon insulative properties of the wine bottle G2-04 and the temperature differential between the wine and the exterior surface H4-01 of the bottle G2-04 to meet design requirements.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified first desired temperature / second desired temperature in the temperature monitoring and notifying system 121 of HU with first desired temperature / second desired temperature as taught in the label G1-01 of GATICA to meet design requirements.
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Regarding claim 2, HU and GATICA (as applied to claim 1 above) teaches all the limitations of the claim. The combination of HU (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above), and GATICA (see Figure 1 - Figure 5, Figure 8 above) further teaches temperature monitoring and notifying system 121, and further wherein the first desired temperature (page 5, lines 7-16, “... By providing...”) and the second desired temperature (page 5, lines 7-16, “... By providing...”) are correlated to the location of the substrate 123 on the beverage container 121, which is further correlated to temperature stratification of the wine in the wine bottle H1-01.
Regarding claim 3, HU and GATICA (as applied to claim 1 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) temperature monitoring and notifying system 121, and further wherein the first temperature sensitive ink 1211 and the second temperature sensitive ink 1212 are single ink layers on the substrate 123.
Regarding claim 4, HU and GATICA (as applied to claim 1 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) temperature monitoring and notifying system 121, and further wherein the first temperature sensitive ink 1211 is comprised of an ink first layer (page 2, Claim 1, “... bottom color layer...”, “... color-changing ink layer...”, “... transparent protective layer...”) and an ink second layer (page 2, Claim 1, “... bottom color layer...”, “... color-changing ink layer...”, “... transparent protective layer...”) placed partially or wholly on top of the ink first layer (page 2, Claim 1, “... bottom color layer...”, “... color-changing ink layer...”, “... transparent protective layer...”).
Regarding claim 5, HU and GATICA (as applied to claim 1 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) temperature monitoring and notifying system 121, and further wherein the first temperature sensitive ink 1211 and the second temperature sensitive ink 1212 are each comprised of an ink first layer (page 2, Claim 1, “... bottom color layer...”, “... color-changing ink layer...”, “... transparent protective layer...”) and an ink second layer (page 2, Claim 1, “... bottom color layer...”, “... color-changing ink layer...”, “... transparent protective layer...”).
Regarding claim 6, HU and GATICA (as applied to claim 5 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) temperature monitoring and notifying system 121, and further wherein a second ink layer (page 2, Claim 1, “... bottom color layer...”, “... color-changing ink layer...”, “... transparent protective layer...”) is placed on the substrate 123 in a location different than the first ink layer (page 2, Claim 1, “... bottom color layer...”, “... color-changing ink layer...”, “... transparent protective layer...”).
Regarding claim 7, HU and GATICA (as applied to claim 1 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) temperature monitoring and notifying system 121, and further wherein the beverage container 121 is a wine bottle 1.
Regarding claim 8, HU and GATICA (as applied to claim 1 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) temperature monitoring and notifying system 121, and further wherein the substrate 123 is a paper-based substrate (page 4, lines 47-50, “... scraps of paper...”) affixed to the beverage container 121.
Regarding claim 9, HU and GATICA (as applied to claim 1 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) temperature monitoring and notifying system 121, and further wherein the substrate 123 is a resin-based substrate 123 affixed to the beverage container 121.
Regarding claim 10, HU teaches a method [albeit with different phraseology] (page 2, Claims) for monitoring and notifying a user when the approximated temperature of wine within a beverage container 121 is below, above or within a predetermined desired temperature range, comprising:
providing a substrate 123 affixed to a beverage container 121;
affixing a first temperature sensitive ink 1211 affixed to or integral with the substrate 123, the first temperature sensitive ink 1211 being calibrated to change its appearance when a first desired temperature (page 5, lines 7-16, “... By providing...”) has been reached; and
affixing a second temperature sensitive ink 1212 affixed to or integral with the substrate 123, the second temperature sensitive ink 1212 being calibrated to change its appearance when a second desired temperature (page 5, lines 7-16, “... By providing...”) has been reached; and further
wherein the first desired temperature (page 5, lines 7-16, “... By providing...”) and the second desired temperature (page 5, lines 7-16, “... By providing...”) are offset one to four degrees from a desired temperature of the wine in the wine bottle H1-01 at the interior surface H4-02 of the wine bottle H1-01.
HU fails to teach wherein the second desired temperature (page 5, lines 7-16, “... By providing...”) of the wine is determined by correlating the second temperature sensitive ink 1212 and offsetting it based upon insulative properties H5-01 of the wine bottle H1-01 and the temperature differential between the wine and the exterior surface H4-01 of the bottle H1-01.
However, GATICA teaches (see Figure 1 - Figure 5, Figure 8 above) [albeit with different phraseology] a method (Figure 8) for a label G1-01 (page 1,Abstract, lines 1-3, “… organoleptic properties …”) wherein the first desired temperature of the wine is determined by correlating the first temperature sensitive color G2-01 and offsetting it based upon insulative properties of the wine bottle G2-04 and the temperature differential between the wine and the exterior surface the bottle G2-04 to meet design requirements.
However, GATICA further teaches [albeit with different phraseology] method (Figure 8), wherein the second desired temperature of the wine is determined by correlating the second temperature sensitive color G2-02 and offsetting it based upon insulative properties of the wine bottle G2-04 and the temperature differential between the wine and the exterior surface H4-01 of the bottle G2-04 to meet design requirements.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified first desired temperature / second desired temperature in the method of HU with first desired temperature / second desired temperature as taught in the method of GATICA to meet design requirements.
Regarding claim 11, HU and GATICA (as applied to claim 10 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) method [albeit with different phraseology] (page 2, Claims) for monitoring and notifying the user when the approximated temperature of wine within a bottle H1-01 is below, above or within a predetermined desired temperature range, and further wherein the first desired temperature (page 5, lines 7-16, “... By providing...”) and the second desired temperature (page 5, lines 7-16, “... By providing...”) are correlated to the location of the substrate 123 on the beverage container 121, which is further correlated to temperature stratification of the wine in the wine bottle H1-01.
Regarding claim 12, HU and GATICA (as applied to claim 10 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) method [albeit with different phraseology] (page 2, Claims) for monitoring and notifying the user when the approximated temperature of wine within a bottle 1 is below, above or within a predetermined desired temperature range, and further wherein the substrate 123 is a paper-based substrate (page 4, lines 47-50, “... scraps of paper...”) affixed to the beverage container 121.
Regarding claim 13, HU and GATICA (as applied to claim 10 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) method [albeit with different phraseology] (page 2, Claims) for monitoring and notifying the user when the approximated temperature of wine within a bottle 1 is below, above or within a predetermined desired temperature range, and further wherein the substrate 123 is a resin-based substrate 123 affixed to the beverage container 121.
Regarding claim 14, HU and GATICA (as applied to claim 10 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) method [albeit with different phraseology] (page 2, Claims) for monitoring and notifying the user when the approximated temperature of wine within a bottle 1 is below, above or within a predetermined desired temperature range, and further wherein the first temperature sensitive ink 1211 is comprised of an ink first layer (page 2, Claim 1, “... bottom color layer...”, “... color-changing ink layer...”, “... transparent protective layer...”) and an ink second layer (page 2, Claim 1, “... bottom color layer...”, “... color-changing ink layer...”, “... transparent protective layer...”) placed partially or wholly on top of the ink first layer (page 2, Claim 1, “... bottom color layer...”, “... color-changing ink layer...”, “... transparent protective layer...”).
Regarding claim 15, HU and GATICA (as applied to claim 1 above) teaches all the limitations of the claim. HU further teaches (see FIG. 1 - FIG. 2, FIG. 4 - FIG. 5 above) temperature monitoring and notifying system 121, and further wherein the location of affixing the system 121 is further correlated the first desired temperature (page 5, lines 7-16, “... By providing...”) and the second desired temperature (page 5, lines 7-16, “... By providing...”) at a location on the wine bottle H1-01 related to stratification temperatures anticipated in the wine in the wine bottle H1-01.
Response to Arguments
Applicant's arguments regarding rejections under 35 USC § 112 / 35 USC § 102 in the reply filed December 29, 2025 have been considered have been considered but are moot because the new ground of rejections (i.e., 35 USC § 103) does not rely on exactly all references applied in the prior rejection of record for any teaching or matter specifically challenged in the Applicant’s arguments.
With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
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 extension fee 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 date of this final action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Vena et al. (Italy Patent Application Publication IT202000027272A1): teaches a “label” with similar characteristics as the claimed invention.
Jeong et al. (South Korea Patent KR102245410B1): teaches a “label” with similar characteristics as the claimed invention.
Gong (China Patent CN210467024U): teaches a “label” with similar characteristics as the claimed invention.
Kim et al. (South Korea Patent Application Publication Patent KR2012004333U): teaches a “label” with similar characteristics as the claimed invention.
Dunnigan (U. S. Patent Application Publication US20070284333A1): teaches a “tag” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY D. STASHICK can be reached on (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit ttps://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735