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 .
Terminal Disclaimer
The terminal disclaimer filed on 08/10/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12123858 has been reviewed and is accepted.
The terminal disclaimer has been recorded.
Response to Amendment
The amendment filed 08/10/2026 has been entered.
Claims 69-75 remain pending and are examined herein on the merits.
Applicant’s amendments to the claims have overcome the objection previously set forth in the Non-Final Office Action mailed 06/29/2026 (hereinafter the OA).
Response to Arguments
Applicant's arguments filed 08/10/2026 (hereinafter, Remarks) have been fully considered and are responded to as follows:
The arguments regarding the Double Patenting rejections are persuasive (Remarks, p.4, heading 3.).
The rejections for Nonstatutory Double Patenting are removed.
Applicant’s arguments with respect to the rejections of claims 69-75 under 35 USC 103 (Remarks, starting on p.4, heading 4.) have been fully considered and with regard to the amendments are generally persuasive (specifically, regarding the UV absorber, melting point depressor and nucleating agent). Therefore, the rejection has been withdrawn.
However, upon further consideration, a new ground of rejection is made for the amended language in view of Patel (US 20090128345).
See rejections under 35 USC 103 updated with Patel’345 for the newly changed scope of the amended claims below.
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.
Claims 69-75 are rejected under 35 U.S.C. 103 as being unpatentable over Ribi (US 20140106963) in view of Patel (US 4276190) and Patel (US 20090128345; hereinafter Patel’345).
Regarding claim 69, Ribi teaches a composition (abstract) for making a precursor TTI device (see at least [0163] teaching applications for the composition include at least “high temperature/time indication, medium temperature/time indication, low temperature/time indication”; see also [0166]; [0177] and [0191-192]) comprising at least one binder ([0177-179] teaches that the “time-temperature indicating system” [0177] may have tackifiers/adhesives including binders and that “Polymeric binders of the adhesive” [0178] may include a variety of listed polymers [0178-179]), particles of at least one diacetylene ([0072] – see also [0073-91] listing numerous exemplary diacetylenic compounds), an organic solvent or water ([0176] “Solvents can include, but are not limited to aqueous solvents, organic solvents …”).
Ribi does not directly state that the diacetylene is specifically thermally inactive and regarding one or more additives selected from the group of a UV absorber, a melting point depressor, and a nucleating agent (see at least [0172] of Ribi teaching regarding using polyacrylic acids as additives for “melting point characteristics” modification).
However, Patel teaches regarding a thermally inactive form of a diacetylene compound (abstract; see also col. 5, ¶ at 21 teaching that “The inactive form is unreactive to polymerization upon thermal annealing”) known to be useful for time-temperature indication (see at least abstract and all throughout the summary).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the diacetylene compounds/compositions for TTIs of Ribi with the knowledge of using the specifically thermally inactive diacetylene compounds for TTIs of Patel. This is because such thermally inactive diacetylene compounds allow for preventing color change prior to activation (abstract of Patel). This is important in order to provide desired end user functionality such as storage without activation and then activation for measurement when desired (see at least example 14, starting on col. 13 of Patel).
Ribi and Patel do not directly state regarding one or more additives selected from the group of a UV absorber, a melting point depressor, and a nucleating agent (see however, at least [0172] of Ribi teaching regarding using polyacrylic acids as additives for “melting point characteristics” modification).
However, Patel’345 directly teaches regarding additives for inactive diacetylene compounds for a TTI are known (abstract; [0008-10]; [0016]; see also [0015] “indicators which monitor/detect effects of time-temperature, UV light and/or temperature are referred to herein as TUT indicators for monitoring integral value of ‘Time-temperature", UV light’, and/or a pre-determined higher ‘Temperature’”) including regarding: adding UV absorbers (see at least [0034] and [0064]; see also [0009]); adding a TP41 mixture which “has a lower melting point” ([0054]) and using carboxylic acid ([0054] teaches using carboxylic acid for crystallization/nucleation of diacetylenes).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the concepts regarding diacetylene compounds/compositions for TTIs of Ribi and Patel with the concepts of using the specifically thermally inactive diacetylene compounds having UV absorbers, additives for a lower melting point and nucleation agents for TTIs of Patel’345. This is because such thermally inactive diacetylene compounds allow for protection from UV light, refining the melting point downward and assisting in crystallization (see at least [0009]; [0034] and [0054] of Patel’345). This is important to provide end user required functionality for a desired diacetylene compound and TTI provided therefrom.
Further, while the citations above are to the specific portions of the prior art that Examiner felt were most pertinent the documents are large (at least 383 paragraphs including a number of large tables for Ribi; at least at least 16 columns with at least nine tables for Patel and at least 85 paragraphs with at least 8 examples for Patel’345) and the entire disclosures of the Ribi (US 20140106963); Patel (US 4276190) and Patel’345 (US 20090128345) disclosures are cited broadly for all they teach (see MPEP 2123 stating that references “are part of the literature of the art, relevant for all they contain.”)
Regarding claim 70, Ribi teaches regarding the composition of claim 69 (see treatment of claim 69 above) which is made by heating the composition to dissolve the thermally inactive diacetylene and cooling to a lower temperature to crystallize the diacetylene or by milling the particles of the diacetylene ([0119-120] teaches that the diacetylenic monomers may be microencapsulated -[0119]- and that the microencapsulation process is by “mechanical or physical processes including, but not limited to … milling processes” –[0120]; see [0351] teaching further that the color formers are known to be milled – see at least [0128] teaching that a diacetylenic composition is a known color former).
Regarding claim 71, Ribi teaches regarding the composition of claim 69 (see treatment of claim 69 above) which is made by milling the particles of diacetylene ([0119-120] teaches that the diacetylenic monomers may be microencapsulated -[0119]- and that the microencapsulation process is by “mechanical or physical processes including, but not limited to … milling processes” –[0120]; see [0351] teaching further that the color formers are known to be milled – see at least [0128] teaching that a diacetylenic composition is a known color former).
Ribi and Patel do not directly state regarding one or more additives selected from the group of a UV absorber, a melting point depressor, and a nucleating agent (see however, at least [0172] of Ribi teaching regarding using polyacrylic acids as additives for “melting point characteristics” modification).
However, Patel’345 directly teaches regarding additives for inactive diacetylene compounds for a TTI are known (abstract; [0008-10]; [0016]; see also [0015] “indicators which monitor/detect effects of time-temperature, UV light and/or temperature are referred to herein as TUT indicators for monitoring integral value of ‘Time-temperature", UV light’, and/or a pre-determined higher ‘Temperature’”) including regarding: adding UV absorbers (see at least [0034] and [0064]; see also [0009]); adding a TP41 mixture which “has a lower melting point” ([0054]) and using carboxylic acid ([0054] teaches using carboxylic acid for crystallization/nucleation of diacetylenes).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the concepts regarding milling diacetylene compounds/compositions for TTIs of Ribi and Patel with the concepts of using the specifically thermally inactive diacetylene compounds having UV absorbers, additives for a lower melting point and nucleation agents for TTIs of Patel’345. This is because such thermally inactive diacetylene compounds allow for protection from UV light, refining the melting point downward and assisting in crystallization (see at least [0009]; [0034] and [0054] of Patel’345). This is important to provide end user required functionality for a desired diacetylene compound and TTI provided therefrom.
Further, while the citations above are to the specific portions of the prior art that Examiner felt were most pertinent the documents are large (at least 383 paragraphs including a number of large tables for Ribi; at least at least 16 columns with at least nine tables for Patel and at least 85 paragraphs with at least 8 examples for Patel’345) and the entire disclosures of the Ribi (US 20140106963); Patel (US 4276190) and Patel’345 (US 20090128345) disclosures are cited broadly for all they teach (see MPEP 2123 stating that references “are part of the literature of the art, relevant for all they contain.”)
Regarding claim 72, Ribi teaches a process of making a visitor's badge ([0163] Applications include, but are not limited … security badges; see also “H.” between [0339] and [0340] as well as [0340-341]) composed of a substrate having thereon a thermally printable layer ([0340-341] teaches a security badge printed on “paper and film stocks” in view of [0209] which teaches adding additives to form “toners” of the color formers – please note that toners are used in thermal printers- see [0343] “The security badge can be directly thermally printed with visitor, date, time, and intended information using a digital thermal printer”; see also [0276]) and a layer of the composition of claim 69 (see treatment of claim 69 above).
Regarding claim 73, Ribi teaches a precursor TTI toner composition (abstract; [0163]; see also [0166]; [0177] and [0191-192] as well as [0209] which teaches adding additives to form “toners” of the color formers) comprising at least one diacetylene ([0072] – see also [0073-91] listing numerous exemplary diacetylenic compounds) and at least one binder ([0177-179] teaches that the “time-temperature indicating system” [0177] may have tackifiers/adhesives including binders and that “Polymeric binders of the adhesive” [0178] may include a variety of listed polymers [0178-179]).
Ribi does not directly state that the diacetylene is specifically inactive and that the composition comprises at least one UV absorber, at least one melting point depressor, and at least one nucleating agent (see however, at least [0172] of Ribi teaching regarding using polyacrylic acids as additives for “melting point characteristics” modification).
However, Patel teaches regarding an inactive form of a diacetylene compound (abstract) known to be useful for time-temperature indication (see at least abstract and all throughout the summary).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the diacetylene for a precursor TTI toner composition of Ribi with the knowledge of using the specifically inactive diacetylene compounds for TTIs of Patel. This is because such inactive diacetylene compounds allow for preventing color change prior to activation (abstract of Patel). This is important in order to provide desired end user functionality such as storage without activation and then activation for activities such as thermal printing when desired.
Ribi and Patel do not directly state that the composition comprises at least one UV absorber, at least one melting point depressor, and at least one nucleating agent (see however, at least [0172] of Ribi teaching regarding using polyacrylic acids as additives for “melting point characteristics” modification).
However, Patel’345 directly teaches regarding additives for inactive diacetylene compounds for a TTI are known (abstract; [0008-10]; [0016]; see also [0015] “indicators which monitor/detect effects of time-temperature, UV light and/or temperature are referred to herein as TUT indicators for monitoring integral value of ‘Time-temperature", UV light’, and/or a pre-determined higher ‘Temperature’”) including regarding: adding UV absorbers (see at least [0034] and [0064]; see also [0009]); adding a TP41 mixture which “has a lower melting point” ([0054]) and using carboxylic acid ([0054] teaches using carboxylic acid for crystallization/nucleation of diacetylenes).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the concepts regarding diacetylene compounds/compositions for TTIs of Ribi and Patel with the concepts of using the specifically thermally inactive diacetylene compounds having UV absorbers, additives for a lower melting point and nucleation agents for TTIs of Patel’345. This is because such thermally inactive diacetylene compounds allow for protection from UV light, refining the melting point downward and assisting in crystallization (see at least [0009]; [0034] and [0054] of Patel’345). This is important to provide end user required functionality for a desired diacetylene compound and TTI provided therefrom.
Further, while the citations above are to the specific portions of the prior art that Examiner felt were most pertinent the documents are large (at least 383 paragraphs including a number of large tables for Ribi; at least at least 16 columns with at least nine tables for Patel and at least 85 paragraphs with at least 8 examples for Patel’345) and the entire disclosures of the Ribi (US 20140106963); Patel (US 4276190) and Patel’345 (US 20090128345) disclosures are cited broadly for all they teach (see MPEP 2123 stating that references “are part of the literature of the art, relevant for all they contain.”)
Regarding claim 74, Ribi lacks direct and specific teaching regarding the precursor TTI toner composition of claim 73 comprising from about 50 to about 95 weight percent of the binder, about 2 to about 50 weight percent of the inactive diacetylene, about 0 to about 6 weight percent of a wax, about 0 to about 3 weight percent charge control agent, about 0.25 to about 1 weight percent of a flow agent and 0 to about 1 weight percent other additives.
However, Ribi does disclose binder weight percentages (see at least [0172]); diacetylene / colorant weight percentages (see at least [0107]); wax weight percentages (see at least [0271]); flow / viscosity additive weight percentages (see at least [0255] in view of [0184]); and other additive weight percentages (see at least [0109]) as well as both teaching regarding toner and thermal printing (see at least [0209] for toner and [0237], [0276] and [0342-349] regarding thermal printing).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the substantial teaching regarding these additive weight percentages for the composition and the knowledge of toner and thermal printing of Ribi with the specific ranges as claimed here. This is because it has been held that where the general conditions of a claim are disclosed in the prior art (toner and composition with voluminous weight percentages), discovering the optimum or workable ranges involves only routine skill in the art (MPEP 2144.05 (II-A).
Further, while the citations above are to the specific portions of the prior art that Examiner felt were most pertinent the document is large (at least 383 paragraphs including a number of large tables for Ribi) and the entire disclosure of the Ribi (US 20140106963) publication is cited broadly for all they teach (see MPEP 2123 stating that references “are part of the literature of the art, relevant for all they contain.”)
Regarding claim 75, Ribi teaches a TTI toner device made by melting and cooling a layer (see at least [0163] teaching that applications include, but are not limited … security badges; see also “H.” between [0339] and [0340] as well as [0340-341] teaching printing, in view of [0209] teaching adding additives to form “toners” of the color formers – please note that toners are used in thermal/laser printers which melt and cool a layer of toner to form the printing; see [0343] “The security badge can be directly thermally printed with visitor, date, time, and intended information using a digital thermal printer”; see also [0237]; [0276]; [0343] and [0345]; see further Patel at col. 1, ¶ at 36 teaching “an inactive diacetylene is converted by melt or solvent recrystallization to an active form” is known) of composition of claim 73 (see treatment of claim 73 above) on a substrate ([0340-341] teaches the security badge is printed on “paper and film stocks”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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 PHILIP COTEY whose telephone number is (571)270-1029. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP L COTEY/ Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/ Supervisory Patent Examiner, Art Unit 2855
