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 .
Information Disclosure Statement
The information disclosure statement (IDS) forms are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS forms have been considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-12, 16, 19-20, 27-28, and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prusik (EP 1333262 A1)1.
Regarding Claim 1: Prusik discloses (in at least figures 2 and 5-6, the description, and the claims)an activatable environmental indicator (fig.’s 2-3, par.’s 29-30, and par. 39: time-temperature indicating label 11), comprising:
a substrate (fig. 5, par. 29, par. 39, and par. 41: substrate layer 42 ), and
a plurality of microcapsules supported by the substrate (fig. 5, par. 27, and par. 41: microencapsulated heat-fusible material 18),
the activatable environmental indicator having a non-activated configuration that is unresponsive to a predetermined environmental stimulus (fig. 2 and par. 27: label 11 has pre-activation configuration with microcapsules 18 are unbroken and contained in a protected recess at one end of the wicking material. See par. 27: “this construction enables the indefinite shelf life for the time-temperature indicator label prior to use, which is activated only after sufficient pressure is applied on the microcapsule portion of the label and thereby making the label in a condition susceptible to measuring ambient exposure” See also par. 39), an activated configuration that is responsive to the predetermined environmental stimulus (fig. 2 and par. 27: label 11 has an activated configuration “which is activated only after sufficient pressure is applied on the microcapsule portion of the label and thereby making the label in a condition susceptible to measuring ambient exposure.”. See also par. 39), and an exposed configuration after responding to the predetermined environmental stimulus (fig. 2, par. 25, par. 27, and par. 39: once activated, microcapsules 18 release heat-fusible material that migrates across wicking material in response to prolonged exposure to a predetermined temperature.);
at least a subset of the plurality of microcapsules release an environmental indicator material in response to an activation event that transitions the activatable environmental indicator from the non-activated configuration to the activated configuration (fig. 5, and par. 41: microencapsulated heat-fusible material 18. See par. 27: “a small amount of microcapsules containing a heat-fusible substance is applied to the label wicking material at least on one end and preferably contained in a protected recess; this construction enables the indefinite shelf life for the time-temperature indicator label prior to use, which is activated only after sufficient pressure is applied on the microcapsule portion of the label and thereby making the label in a condition susceptible to measuring ambient exposure.”),
the activatable environmental indicator is responsive to the predetermined environmental stimulus after the activation event and transitions from the activated configuration to the exposed configuration in response to exposure to the predetermined environmental stimulus (fig. 5 and par. 27: “a small amount of microcapsules containing a heat-fusible substance is applied to the label wicking material at least on one end and preferably contained in a protected recess; this construction enables the indefinite shelf life for the time-temperature indicator label prior to use, which is activated only after sufficient pressure is applied on the microcapsule portion of the label and thereby making the label in a condition susceptible to measuring ambient exposure.” See also par. 39 and par. 41), and
the activatable environmental indicator includes a first visual indicator when the activatable indicator is in the non-activated configuration, a second visual indicator when the activatable indicator is in the activated configuration, and a third visual indicator when the activatable indicator is in the exposed configuration (fig. 2, fig. 5, par. 27, par. 39, and par. 41: microencapsulated heat-fusible material 18 contained in recess 41 begins in un-activated configuration, then initiates a color development process upon activation, then a migration across wick element 17 upon prolonged exposure to heat. See also fig. 6 and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”) 2.
Regarding Claim 2: Prusik discloses the activatable environmental indicator of claim 1, further comprising:
a wick supported by the substrate (fig. 5, par. 29 and par. 39: wicking element 17),
the plurality of microcapsules disposed proximate to a first end of the wick (fig.’s 5-6, par. 39, and par.’s 41-42: microcapsules 18 contained in a protected recess 41 at one end of the wicking material 17. Note: same heat-fusible microcapsules are labeled as 51 in equivalent circular configuration 50); and
an opaque top viewing layer covering the wick and the plurality of microcapsules (fig. 5 and par. 39: “surface layer 12 is preferably formed of an opaque surface layer or film and is provided with a viewing window 15 at an intermediate location along the length of a wick material 17”),
the opaque top viewing layer includes a plurality of viewing windows disposed over and aligned with the wick such that portions of the wick are viewable via the plurality viewing windows, the environmental indicator material is forced along a portion of the wick in response to the activation event such that the environmental indicator material is visible via a first viewing window of the plurality of viewing windows and is not visible via a second viewing window of the plurality of viewing windows (fig. 2, fig. 5, par. 27, par. 39, and par. 41: microencapsulated heat-fusible material 18 contained in recess 41 begins in non-activated configuration, then initiates a color development process upon activation, then a migration across wick element 17 upon prolonged exposure to heat. See also fig. 6 and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”).
Regarding Claim 3: Prusik discloses the activatable environmental indicator of claim 2, wherein, after the activation event, the environmental indicator material diffuses along the wick in response to exposure to the predetermined environmental stimulus such that the environmental indicator material is visible via the first viewing window and the second viewing window when the environmental indicator is in the exposed configuration (fig. 2, fig. 5, par. 27, par. 39, and par. 41: microencapsulated heat-fusible material 18 contained in recess 41 begins in un-activated configuration, then initiates a color development process upon activation, then a migration across wick element 17 upon prolonged exposure to heat. See also fig. 6 and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”).
Regarding Claim 4: Prusik discloses the activatable environmental indicator of claim 3, wherein the first visual indicator corresponds to the wick being viewable via the first and second viewing windows and being devoid of the environmental indicator material (fig. 6, par. 27, par. 39, and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54.”).
Regarding Claim 5: Prusik discloses the activatable environmental indicator of claim 3, wherein the second visual indicator corresponds to the environmental indicator material being viewable via the first viewing window and the wick devoid of the environmental indicator material being viewable via the second viewing window (fig. 6, par. 27, par. 39, and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54.”).
Regarding Claim 6: Prusik discloses the activatable environmental indicator of claim 3, wherein the third visual indicator corresponds the environmental indicator being viewable via the first and second viewing windows (fig. 6, par. 27, par. 39, and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54.”).
Regarding Claim 7: Prusik discloses the activatable environmental indicator of claim 1, wherein at least the subset of the plurality of microcapsules or a different subset of the plurality of microcapsules release an activation marker material in response to the activation event (fig.’s 5-6, par. 27. And par. 39: “[…] a dye precursor could be printed along the wick prior to or at the viewing window, and the dye activator could be incorporated in the heat-fusible material. Upon contact of the dye precursor and dye activator due to migration of the heat-fusible substance, a color would be developed […] heat-fusible, organic materials or dyed, heat-fusible, organic materials can be microencapsulated and deposited on at least one end of the indicator device wick. The capsules can be ruptured by manual means or preferably by appropriate automated mechanical means to activate the device and initiate the monitoring function.”).
Regarding Claim 8: Prusik discloses the activatable environmental indicator of claim 7, wherein visibility of the activation marker material corresponds to the second visual indicator and visibility of the environmental indicator material corresponds to the third visual indicator (fig.’s 5-6, par. 27, and par. 39: “[…] a dye precursor could be printed along the wick prior to or at the viewing window, and the dye activator could be incorporated in the heat-fusible material. Upon contact of the dye precursor and dye activator due to migration of the heat-fusible substance, a color would be developed […] heat-fusible, organic materials or dyed, heat-fusible, organic materials can be microencapsulated and deposited on at least one end of the indicator device wick. The capsules can be ruptured by manual means or preferably by appropriate automated mechanical means to activate the device and initiate the monitoring function.” See also fig. 6, par. 27, par. 39, and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54.” That is, the first non-activated state is indicated by the non-activated capsules 51, the secondary color development produced by the dye precursor and heat-fusible material 18 mixing will be visible in window 51, and the subsequent migration of said color developed material along wicking element 17 will be visible in subsequent viewing windows 53-54.).
Regarding Claim 9: Prusik discloses the activatable environment indicator of claim 8, wherein the activation marker material has a first color and the environmental indicator material has a second color (fig.’s 5-6, par. 27. And par. 39: “[…] a dye precursor could be printed along the wick prior to or at the viewing window, and the dye activator could be incorporated in the heat-fusible material. Upon contact of the dye precursor and dye activator due to migration of the heat-fusible substance, a color would be developed […].” See also par. 1: “The visibility of migration of the heat-fusible substance is enhanced by a dye or dye forming combination.” That is, the second dye or dye forming combination provides a second colorant to enhance the visibility of the heat-fusible material’s separate initial color.).
Regarding Claim 10: Prusik discloses the activatable environmental indicator of claim 7, further comprising:
a wick supported by the substrate (fig. 5, par. 29 and par. 39: wicking element 17), the plurality of microcapsules disposed proximate to a first end of the wick (fig.’s 5-6, par. 39, and par.’s 41-42: microcapsules 18 contained in a protected recess 41 at one end of the wicking material 17. Note: same heat-fusible microcapsules are labeled as 51 in equivalent circular configuration 50); and
an opaque top viewing layer covering the wick and the plurality of microcapsules (fig. 5 and par. 39: “surface layer 12 is preferably formed of an opaque surface layer or film and is provided with a viewing window 15 at an intermediate location along the length of a wick material 17”), the opaque top viewing layer includes a viewing window disposed over and aligned with the wick such that a portion of the wick is viewable via the viewing window (fig. 2, fig. 5, par. 27, par. 39, and par. 41: microencapsulated heat-fusible material 18 contained in recess 41 begins in non-activated configuration, then initiates a color development process upon activation, then a migration across wick element 17 upon prolonged exposure to heat. See also fig. 6 and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”),
wherein, in response to the activation event, the activation marker material diffuses along the wick such that the activation marker material is viewable via the viewing window and the environmental indicator material is not visible via the viewing window (fig.’s 5-6, par. 27. And par. 39: “[…] a dye precursor could be printed along the wick prior to or at the viewing window, and the dye activator could be incorporated in the heat-fusible material. Upon contact of the dye precursor and dye activator due to migration of the heat-fusible substance, a color would be developed […] heat-fusible, organic materials or dyed, heat-fusible, organic materials can be microencapsulated and deposited on at least one end of the indicator device wick. The capsules can be ruptured by manual means or preferably by appropriate automated mechanical means to activate the device and initiate the monitoring function.” Note: As disclosed by Prusik, the microcapsules containing the heat-fusible indicator material 18 and the microcapsules containing the dye activator material are ruptured upon activation. Before exposure to temperatures above the heat-fusible material’s melting point, the dye activator will migrate along the wicking material and be viewable in windows 52-50 of configuration 50 while heat-fusible material 18 remains stationary in area 51.).
Regarding Claim 11: Prusik discloses the activatable environmental indicator of claim 10, wherein, after the activation event and in response to exposure to the predetermined environmental stimulus, the environmental indicator material diffuses along the wick such that the environmental indicator is viewable view the viewing window (par. 26: “heat-fusible substance applied to at least one end of the wicking material said substance being capable of migrating along said wicking material during the time when the label is exposed to a temperature above the melting range of the heat-fusible substance” and par. 42: “heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”).
Regarding Claim 12: Prusik discloses the activatable environmental indicator of claim 10, wherein the viewing window is disposed proximate a second end of the wick (fig. 6 and par. 42: additional viewing windows 52-55. See also fig. 2, fig. 5, and par. 39) and the activation marker material diffuses along the wick towards the second end of the wick, and wherein, after the activation event, absent exposure to the predetermined environmental stimulus, the environmental indicator material remains proximate a first end of the wick (fig.’s 5-6, par. 27. And par. 39: “[…] a dye precursor could be printed along the wick prior to or at the viewing window, and the dye activator could be incorporated in the heat-fusible material. Upon contact of the dye precursor and dye activator due to migration of the heat-fusible substance, a color would be developed […] heat-fusible, organic materials or dyed, heat-fusible, organic materials can be microencapsulated and deposited on at least one end of the indicator device wick. The capsules can be ruptured by manual means or preferably by appropriate automated mechanical means to activate the device and initiate the monitoring function.” Note: As disclosed by Prusik, the microcapsules containing the heat-fusible indicator material 18 and the microcapsules containing the dye activator material are ruptured upon activation. Before exposure to temperatures above the heat-fusible material’s melting point, the dye activator will migrate along the wicking material and be viewable in windows 52-50 of configuration 50 while heat-fusible material 18 remains stationary in area 51.).
Regarding Claim 16: Prusik discloses the activatable environmental indicator of claim 1, wherein the environmental indicator material comprises a meltable solid configured to melt into a liquid in response to exposure to the predetermined environmental stimulus (par. 39: “ The primary component in the heat-fusible, organic material 18 of the device maybe be chosen singularly or in combination from those well known in the art to provide the critical melting temperature for the proper operation of the device. Heat-fusible alcohols, esters, ketones, acids, aldehydes, glycols, epoxides, ethers, aliphatic hydrocarbons, and aromatic hydrocarbons can be used.” See also par.’s 46-47 and par. 50.).
Regarding Claim 19: Prusik discloses the activatable environmental indicator of claim 1, wherein the environmental indicator material comprises a gel configured to, in response to a predetermined temperature above a threshold, change viscosity causing the gel to migrate along the substrate for at least a predetermined distance when remaining at a temperature above the threshold for at least a predetermined time period (par. 26: “a heat-fusible substance applied to at least one end of the wicking material said substance being capable of migrating along said wicking material during the time when the label is exposed to a temperature above the melting range of the heat-fusible substance. ” See also par. 39: “ The primary component in the heat-fusible, organic material 18 of the device maybe be chosen singularly or in combination from those well known in the art to provide the critical melting temperature for the proper operation of the device. Heat-fusible alcohols, esters, ketones, acids, aldehydes, glycols, epoxides, ethers, aliphatic hydrocarbons, and aromatic hydrocarbons can be used.”), and wherein the environmental indicator material further includes a colorant that migrates together with the gel (par. 26: “A dye or a component of dye forming combination in the heat-fusible substance aiding in the visibility of the heat-fusible substance after the migration of the substance along the length of the wicking material. The wicking material containing the applied heat-fusible substance is enveloped and sealed within an opaque viewing surface with a portion or portions transparent to enable the determination of the extent of migration of the heat-fusible substance.”).
Regarding Claim 20: Prusik discloses the activatable environmental indicator of claim 1, wherein the plurality of microcapsules are configured to release the environmental indicator material in response to at least one of an activation heat or an activation pressure provided by a thermal print head (par. 39: “The capsules can be ruptured by manual means or preferably by appropriate automated mechanical means to activate the device and initiate the monitoring function.” Note: a thermal print head is a well-known and standard “automated mechanical means” in the art.).
Regarding Claim 27: Prusik discloses a method, comprising:
rendering, by an activatable environmental indicator, a first visual indicator that indicates that the activatable environmental indicator is in a non-activated configuration (fig. 2, fig. 5, par. 27, par. 39, and par. 41: microencapsulated heat-fusible material 18 contained in recess 41 begins in un-activated configuration, then initiates a color development process upon activation, then a migration across wick element 17 upon prolonged exposure to heat. See also fig. 6 and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”);
transitioning the activatable environmental indicator from the non-activated configuration to an activated configuration in response to an activation event (fig. 2 and par. 27: label 11 has pre-activation configuration with microcapsules 18 are unbroken and contained in a protected recess at one end of the wicking material. See par. 27: “this construction enables the indefinite shelf life for the time-temperature indicator label prior to use, which is activated only after sufficient pressure is applied on the microcapsule portion of the label and thereby making the label in a condition susceptible to measuring ambient exposure” See also par. 39), the activatable environmental indicator including a substrate (fig. 5, par. 29, par. 39, and par. 41: substrate layer 42 ) and a plurality of microcapsules supported by or embedded in the substrate, at least a subset of the plurality of microcapsules containing an environmental indicator material fig. 5, par. 27, and par. 41: microencapsulated heat-fusible material 18), the at least a subset of the plurality of microcapsules releasing the environmental indicator material in response to the activation event (fig. 2 and par. 27: label 11 has an activated configuration “a small amount of microcapsules containing a heat-fusible substance […] which is activated only after sufficient pressure is applied on the microcapsule portion of the label and thereby making the label in a condition susceptible to measuring ambient exposure.”. See also par. 39);
rendering, by the activatable environmental indicator, a second visual indicator that indicates the activatable environmental indicator is in the activated configuration (fig. 2, fig. 5, par. 27, par. 39, and par. 41: microencapsulated heat-fusible material 18 contained in recess 41 begins in un-activated configuration, then initiates a color development process upon activation, then a migration across wick element 17 upon prolonged exposure to heat. See also fig. 6 and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”);
transitioning the activatable environmental indicator from the activated configuration to an exposed configuration in response to exposing the activatable environmental indicator to a predetermined environmental stimulus (fig. 5 and par. 27: “a small amount of microcapsules containing a heat-fusible substance is applied to the label wicking material at least on one end and preferably contained in a protected recess; this construction enables the indefinite shelf life for the time-temperature indicator label prior to use, which is activated only after sufficient pressure is applied on the microcapsule portion of the label and thereby making the label in a condition susceptible to measuring ambient exposure.” See also par. 39 and par. 41); and
rendering, by the activatable environmental indicator, a third visual indicator that indicates the activatable environmental indicator is in the exposed configuration (fig. 2, fig. 5, par. 27, par. 39, and par. 41: microencapsulated heat-fusible material 18 contained in recess 41 begins in un-activated configuration, then initiates a color development process upon activation, then a migration across wick element 17 upon prolonged exposure to heat. See also fig. 6 and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”).
Regarding Claim 28: Prusik discloses the method of claim 27, wherein the activatable environmental indicator includes a wick supported by the substrate (fig. 5, par. 29 and par. 39: wicking element 17), the plurality of microcapsules disposed proximate to a first end of the wick (fig.’s 5-6, par. 39, and par.’s 41-42: microcapsules 18 contained in a protected recess 41 at one end of the wicking material 17. Note: same heat-fusible microcapsules are labeled as 51 in equivalent circular configuration 50) and an opaque top viewing layer covering the wick and the plurality of microcapsules (fig. 5 and par. 39: “surface layer 12 is preferably formed of an opaque surface layer or film and is provided with a viewing window 15 at an intermediate location along the length of a wick material 17”), the opaque top viewing layer includes a plurality of viewing windows disposed over and aligned with the wick such that portions of the wick are viewable via the plurality viewing windows, and the method further comprises (fig. 2, fig. 5, par. 27, par. 39, and par. 41: microencapsulated heat-fusible material 18 contained in recess 41 begins in non-activated configuration, then initiates a color development process upon activation, then a migration across wick element 17 upon prolonged exposure to heat. See also fig. 6 and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”):
disbursing the environmental indicator material along a portion of the wick in response to a force generated by the activation event such that the environmental indicator material is visible via a first viewing window of the plurality of viewing windows and is not visible via a second viewing window of the plurality of viewing windows (fig. 2, fig. 5, par. 27, par. 39, and par. 41: microencapsulated heat-fusible material 18 contained in recess 41 begins in non-activated configuration, then initiates a color development process upon activation, then a migration across wick element 17 upon prolonged exposure to heat. See also fig. 6 and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”).
Regarding Claim 31: Prusik discloses the method of claim 27, wherein the activatable environmental indicator includes a wick supported by the substrate (fig. 5, par. 29 and par. 39: wicking element 17) and an opaque top viewing layer covering the wick and the plurality of microcapsules (fig. 5 and par. 39: “surface layer 12 is preferably formed of an opaque surface layer or film and is provided with a viewing window 15 at an intermediate location along the length of a wick material 17”), the opaque top viewing layer includes a viewing window disposed over and aligned with a portion of the wick such that the portion of the wick is viewable via the viewing window (fig. 2, fig. 5, par. 27, par. 39, and par. 41: microencapsulated heat-fusible material 18 contained in recess 41 begins in non-activated configuration, then initiates a color development process upon activation, then a migration across wick element 17 upon prolonged exposure to heat. See also fig. 6 and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”), the plurality of microcapsules disposed proximate to the wick (fig.’s 5-6, par. 39, and par.’s 41-42: microcapsules 18 contained in a protected recess 41 at one end of the wicking material 17. Note: same heat-fusible microcapsules are labeled as 51 in equivalent circular configuration 50), at least the at least a subset of the plurality of microcapsules or a different subset of the plurality of microcapsule containing an activation marker material (fig.’s 5-6, par. 27. And par. 39: “[…] a dye precursor could be printed along the wick prior to or at the viewing window, and the dye activator could be incorporated in the heat-fusible material. Upon contact of the dye precursor and dye activator due to migration of the heat-fusible substance, a color would be developed […] heat-fusible, organic materials or dyed, heat-fusible, organic materials can be microencapsulated and deposited on at least one end of the indicator device wick. The capsules can be ruptured by manual means or preferably by appropriate automated mechanical means to activate the device and initiate the monitoring function.”), and the method further comprising:
in response to the activation event, migrating the activation marker material along the wick such that the activation marker material is viewable via the viewing window and the environmental indicator material is not viewable via the viewing window (fig.’s 5-6, par. 27. And par. 39: “[…] a dye precursor could be printed along the wick prior to or at the viewing window, and the dye activator could be incorporated in the heat-fusible material. Upon contact of the dye precursor and dye activator due to migration of the heat-fusible substance, a color would be developed […] heat-fusible, organic materials or dyed, heat-fusible, organic materials can be microencapsulated and deposited on at least one end of the indicator device wick. The capsules can be ruptured by manual means or preferably by appropriate automated mechanical means to activate the device and initiate the monitoring function.” Note: As disclosed by Prusik, the microcapsules containing the heat-fusible indicator material 18 and the microcapsules containing the dye activator material are ruptured upon activation. Before exposure to temperatures above the heat-fusible material’s melting point, the dye activator will migrate along the wicking material and be viewable in windows 52-50 of configuration 50 while heat-fusible material 18 remains stationary in area 51.)
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 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Prusik as applied to claim 1 above, and further in view of Asano (US 4931420 A).
Regarding Claim 13: Prusik discloses the activatable environmental indicator of claim 1, further comprising:
a first wick supported by the substrate (fig. 5, par. 29 and par. 39: wicking element 17), the subset of the plurality of microcapsules disposed proximate to the first wick (fig.’s 5-6, par. 39, and par.’s 41-42: microcapsules 18 contained in a protected recess 41 at one end of the wicking material 17. Note: same heat-fusible microcapsules are labeled as 51 in equivalent circular configuration 50);
a different subset of the plurality of microcapsules disposed proximate to the wick, the different subset of the plurality of microcapsules containing an activation marker material ((fig.’s 5-6, par. 27, and par. 39: “[…] a dye precursor could be printed along the wick prior to or at the viewing window, and the dye activator could be incorporated in the heat-fusible material. Upon contact of the dye precursor and dye activator due to migration of the heat-fusible substance, a color would be developed […] heat-fusible, organic materials or dyed, heat-fusible, organic materials can be microencapsulated and deposited on at least one end of the indicator device wick.”); and
an opaque top viewing layer covering the first wick, the subset of the plurality of microcapsules, and the different subset of the plurality of microcapsules (fig. 5 and par. 39: “surface layer 12 is preferably formed of an opaque surface layer or film and is provided with a viewing window 15 at an intermediate location along the length of a wick material 17”), the opaque top viewing layer includes a first viewing window and a second viewing window, the first viewing window disposed over and aligned with a first portion of the first wick such that the first portion of the first wick is viewable via the first viewing window, the second viewing window disposed over and aligned with a second portion such that the second portion is viewable via the second viewing window (fig. 6 and par. 42: label 11 implemented in circular configuration 50 “in which the heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”), wherein, in response to the activation event, the activation marker material migrates such that the activation marker material is viewable via the second viewing window and the environmental indicator material does not migrate along the first wick such that the environment indicator material is not viewable via the first viewing window (fig.’s 5-6, par. 27. And par. 39: “[…] a dye precursor could be printed along the wick prior to or at the viewing window, and the dye activator could be incorporated in the heat-fusible material. Upon contact of the dye precursor and dye activator due to migration of the heat-fusible substance, a color would be developed […] heat-fusible, organic materials or dyed, heat-fusible, organic materials can be microencapsulated and deposited on at least one end of the indicator device wick. The capsules can be ruptured by manual means or preferably by appropriate automated mechanical means to activate the device and initiate the monitoring function.” Note: As disclosed by Prusik, the microcapsules containing the heat-fusible indicator material 18 and the microcapsules containing the dye activator material are ruptured upon activation. Before exposure to temperatures above the heat-fusible material’s melting point, the dye activator will migrate along the wicking material and be viewable in windows 52-50 of configuration 50 while heat-fusible material 18 remains stationary in area 51.).
Prusik does not disclose a second wick supported by the substrate or that the different subset of the plurality of microcapsules is disposed proximate to a second wick.
Asano discloses an analogous art (fig. 1 and col. 3 lines 15-34: temperature history indicator) comprising a second wick supported by a substrate (fig.’s 2-3 and col. 3 lines 15-20: substrate 3 comprising area B), a different subset of the plurality of microcapsules disposed proximate to the second wick, the different subset of the plurality of microcapsules containing an activation marker material (fig.'s 1-2 and col. 3 lines 47-55: Area B comprises color developing system 7 containing microencapsulated activation material); a second viewing window disposed over and aligned with a second portion of the second wick such that the second portion of the second wick is viewable via the second viewing window, wherein, in response to the activation event, the activation marker material migrates along the second wick such that the activation marker material is viewable via the second viewing window (fig.'s 1-2 and col. 3 lines 47-55: "A color developing system denoted by 7 is provided at a checking area shown by B. The checking area B enables people to easily see that the temperature control function of the indicator label is normally operating. The checking area B is also a color developing portion containing microcapsules which are not sensitive to temperature and it is located not at the color developing area A but preferably in the vicinity thereof." See also col. 5 lines 60-65)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Prusik to, as taught by Asano, include a second wick and integrate the different subset of the plurality of microcapsules proximate to the second wick, that way a clear and separate indication of the activation material is provided enhancing the user’s ability to determine that the sensor platform had been activated successfully (Asano col. 3 lines 47-55:)
Regarding Claim 14: Prusik in view of Asano discloses the activatable environmental indicator of claim 13, and Prusik further discloses wherein, after the activation event and in response to exposure to the predetermined environmental stimulus, the environmental indicator material migrates along the first wick such that the environmental indicator is viewable view the first viewing window (par. 26: “heat-fusible substance applied to at least one end of the wicking material said substance being capable of migrating along said wicking material during the time when the label is exposed to a temperature above the melting range of the heat-fusible substance” and par. 42: “heat-fusible substance 51 is centrally positioned and upon activation migrates radially towards the outer periphery and may be visually observed at differing exposure stages in the windows 51 through 54”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Smith (US 20080056329 A1) discloses the indicator and method according to certain limitations of at least claims 1-8, 27-28, and 31.
Suzuki (US 20010056038 A1) discloses the indicator and method according to certain limitations of at least claims 1-2 and 27.
Bushman (US 20220151266 A1) discloses the indicator and method according to certain limitations of at least claims 1-8, 27-28, and 31.
Taylor (US 20080110391 A1) discloses the indicator and method according to certain limitations of at least claims 1-8, 27-28, and 31.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855
1 Citations made to Foreign Reference copy included by applicant on 12/02/2024
2 Examiner’s note: The circular configuration 50 as shown in figure 6 incorporates the same elements and functionality as taught in the figures 2 and 5.
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