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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/24/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
Acknowledgement is made of the preliminary amendment(s) filed 10/24/2024.
Claim Rejections - 35 USC § 112
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1, 2, 11, 12, 14-17, 31, 32 & 35, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strahle et al (US 20120107191 A1).
Regarding claims 1, 35 Strahle et al teaches an ink layer 27 comprising an ink (implied) absorbed on a porous substrate 19 configured to indicate the presence of analytes (Abstract), an adhesive layer [0047][0052][0055][0057], wherein the adhesive layer [0047][0052][0055][0057] is a double-sided adhesive layer [0047][0052][0055][0057] comprising a first side and a second side (figs. 4-6)[0047][0052][0055][0057], a semi-permeable layer [0017][0029][0040][0057] comprising a first surface and a second surface (Figs. 4-6), wherein the semi-permeable layer is permeable to gases and impermeable to liquids [0017][0029][0040][0057], wherein the ink layer 27 is enclosed between the second side of the adhesive layer 27 and the first surface of the semi-permeable layer [0017][0029][0040][0047][0057].
Regarding claim 2 Strahle et al teaches the analytes migrate through the semi-permeable layer to reach the ink layer (Abstract).
Regarding claim 11 Strahle et al teaches the semi-permeable layer is non-transparent (Fig. 2E).
Regarding claim 12 Strahle et al teaches the semi-permeable layer is configured to be printed on (Figs. 1-6)
Regarding claim 14 Strahle et al teaches the ink layer 27and the semi-permeable layer [0017][0029][0040][0057] have different surface areas so the ink layer and the semi-permeable layer can be fastened to the second side of the double-sided adhesive layer (Fig. 1-6)
Regarding claims 15 & 37 Strahle et al teaches the first side of the adhesive layer [0047][0052][0055][0057] of the food quality indicator is configured to be attached to a barrier film 23 of a food package (Figs. 1-6) .
Regarding claim 16 Strahle et al teaches the first side of the adhesive layer [0047][0052][0055][0057] of the food quality indicator is configured to be attached to a barrier 23 film of a food package (figs. 1-6).
Regarding claim 17 Strahle et al teaches a surfactant, a thickening agent, a pigment indicator, a benzopyrone compound, a solvent and a colour enhancer (Abstract) (fig. 1).
Regarding claim 31 Strahle et al teaches the porous substrate 19 of the ink layer 27 is selected from cellulose, paper, synthetic paper, polyolefin-based synthetic material, thermoplastic copolyester (TPPE), low-density or high-density polyethylene, low-density or high-density polypropylene, nylon, nonwoven fabric, fabric or polymeric membranes. (Inherent via figs. 1-6)
Regarding claim 32 Strahle et al teaches the porous substrate 19 of the ink layer 27 has pores with pore size between 10 pm to 100 pm, with a thickness ranging between 0.05 millimeter to 0.5 millimeter, preferably between 0.05 millimeter to 0.1 millimeter. (Inherent via figs. 1-6)
Regarding claim 36 Strahle et al coating the semi-permeable layer with the protective layer prior to applying the ink layer to the semi-permeable layer so that the protective layer is arranged between the semi-permeable layer and the ink layer.
Allowable Subject Matter
Claims 3 & 33 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3 the cited prior art does not anticipate nor render obvious a protective layer that is coated on the first surface of the semi-permeable layer, wherein the protective layer is configured to prevent the migration of ink from the ink layer.
Claims 4-8 are objected to due to their dependency of claim 3.
Regarding claim 33 the cited prior art does not anticipate nor render obvious preparing a mixture by dissolving a surfactant in a solvent; adding pigment coupled to silane to the mixture;- treating the mixture with ultrasonicating for 10-30 minutes followed by vortex mixing for 20-30 minutes; adding a colour enhancer and a polymer thickening agent to the mixture;- treating the mixture by ultrasonicating the mixture for 10-30 minutes followed by vortex mixing for 20-30 minutes; adding a coupling agent to the mixture; and heating the mixture to 30-60 °C.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2025116849 A1 DEVELOPMENT OF SMART PACKAGING COMPRISING A COLOR-CHANGING INDICATOR TO MONITOR FRESHNESS/SPOILAGE OF PERISHABLE FOODS IN REAL TIME
WO 2020235991 A1 CONDENSATION BARRIER LAYER AND METHOD TO PREPARE THEREOF
US 10241099 B2 Film sensor
US 9895628 B2 Cover with gas permeable layer
JP 4538106 B2 Food quality indicator device
US 20060057022 A1 Food quality indicator
US 20050153052 A1 Food and beverage quality sensor
JP 2002257813 A FOOD QUALITY INDICATOR, PACKAGING PAPER FOR FOOD AND PACKAGING CONTAINER FOR FOOD
US 20230127982 A1 INDICATOR FILM
US 10247713 B2 Time passage indicator
WO 2015104399 A1 Food freshness indicator ink used in a label and food package comprises a varnish comprising film-forming resin or vinyl resin, plasticizer additive and solvents, and metallic salts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE J ALLEN whose telephone number is (571)272-2174. The examiner can normally be reached Mon-Fri. 9am-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina M Deherrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDRE J ALLEN/Primary Examiner, Art Unit 2855
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