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 responsive to the application filed 01/05/2026.
The preliminary amendment filed 01/05/2026 is acknowledged.
Acknowledgement is made that this application is a continuation of U.S. Patent Application No. 18/927,373 filed 10/25/2024, which issued as U.S. Patent No. 12,518,122.
Claim Status
Claim 1 has been presented in original form.
Claims 2-28 have been cancelled.
Claim 1 is currently pending in the application.
Drawings
The drawings were received on 01/05/2026. These drawings are acceptable.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 1 is objected to because of the following informalities:
in line 1, substitute "RF" with -- radio frequency (RF) --;
in lines 17 and 19, respectively, insert "nonconductive" before "frangible shell"; and
in line 22, substitute "the frangible shells" with - the nonconductive frangible shell of the plurality of microcapsules --.
Appropriate correction is required.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,518,122. This is a statutory double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Collins et al. (US 8,228,172) discloses a RFID tag device with a temperature sensitive antenna.
Haarer et al. (US 9,011,794) discloses a time temperature indicator.
Bhatia et al. (US 10,628,726) discloses switchable RFID antennas responsive to an environmental sensor.
Rigby et al. (US 12,196,733) discloses a freshness sensor device.
Prusik et al. (US 2014/0044609) discloses a dual-function heat indicator.
Karchin et al. (US 2020/0221972) discloses a RFID tag and reader system.
Olson et al. (US 2022/0283041) discloses an activatable warming indicator.
Huffman et al. (US 2024/0068886) discloses a temperature exposure indicator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to APRIL A TAYLOR whose telephone number is (571)272-2403. The examiner can normally be reached Monday-Friday between 9am-6pm.
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/APRIL A TAYLOR/Examiner, Art Unit 2876
/THIEN M LE/Primary Examiner, Art Unit 2876
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