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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/24/2025 has been entered.
Claim Rejections - 35 USC § 103
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 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 21 -30, 33 – 37, and 39- 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20100279083(US’083).
Regarding claims 21 - 23, and 28, US’083 discloses a pigment preparation, an ink jet printing ink as well the use thereof, comprising un-milled aluminum effect pigments (PVD), a solvent and at least one additive, wherein the aluminum effect pigments(platelet) have an average thickness 20-80 nm such as 20-50 nm. The disclosure is further directed to an ink jet printing ink as well the use thereof (abstract, [0034-0035], [0063] and [0086]). The PVD aluminum pigments can be used to produce the pigment preparation of the present invention. In a first step the aluminum is applied by physical vapor deposition on a substrate coated with a release layer. Subsequently, the aluminum film is separated from the release layer. Thus a smooth surface pigment is obtained. The production of pvd aluminum pigments is known, for example, from U.S. Pat. No. 4,321,087. The larger particles obtained are then comminuted in the presence of a solvent (or a solvent mixture) having a viscosity of more than 1.8 mPa·s as well as an phosphorous containing additive to obtain the pigment preparation of the invention. The comminution can be affected, e.g., by ultrasonic dispersion ([0034-0035]).
The following phosphorous containing additives are particularly useful in the pigment preparation: Disperbyk-102, 106, 111, 180, 190, 191 and 192 (BYK-Chemie GmbH, Wesel, Germany) ([0113]. When an organic solvent is used, the ink jet printing ink composition can contain a dispersant. As the dispersant, there can be used any dispersant used in an ordinary ink composition such as a gravure ink, offset ink, intaglio ink or screen printing ink. In particular, it is preferred to use a dispersant effectively acting when the solubility parameter of the organic solvent is from 8 to 11. As such a dispersant, it is also possible to utilize a commercial product, and specific examples thereof include Solsperse 20000, 24000, 3000, 32000, 32500, 33500, 34000 and 35200 (Avecia K.K.) or Disperbyk-102, 106, 111, 161, 162, 163, 164, 166, 180, 190, 191 and 192 (BYK-Chemie GmbH) ([0142]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to use the desired dispersing additive as applicant set forth in the claims in the composition, since where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable dispersing additive form the composition involves only routine skill in the art, for the purpose of utilizing the composition for a desired application. The Courts have held that the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (See MPEP 2144.07).
Regarding claim 24, US’083 discloses that aluminum effect pigments are coated with a layer of corrosion inhibiting material. The corrosion inhibiting material can be made of an encasing layer of metal oxide and/or organic polymeric material ([0095]).
Regarding claim 25, US’083 discloses that the amount of aluminum effect pigments in the pigment preparation is preferably in a range of 1 to 40 wt-%, further preferred in a range of 5 to 20 wt.-%, based on the total weight of the pigment preparation ([0115]).
Regarding claims 26 - 27, US’083 discloses that the amount of aluminum effect pigments in the pigment preparation preferably in a range of 1 to 40 wt-%, further preferred in a range of 5 to 20 wt.-%, based on the total weight of the pigment preparation ([0115]) and the phosphorous containing additive is preferably used in an amount in a range of 0.01 to 15 wt.-%, preferably in the range of 0.05 to 10 wt.-%, further preferred in the range of 0.1 to 5 wt.-%, each based on the total weight of the pigment preparation(00114]). Thus, the prior art appears disclosing the at least the overlapping or encompassing claimed ratio range.
Regarding claims 29, US’083 discloses that depending on the nature of the substrate to which the ink jet printing ink is to be applied, a binding agent is or is not to be included in the ink jet printing ink ([0122]).
Regarding claim 30, US’083 discloses that the binding agent can be any binding agent usually used in ink jet printing inks. Preferred, but not limited thereto, are the following binding agents: UV curable acrylic monomers and oligomers as well as resins of various families, like hydrocarbon resins, modified rosin resins, polyethylene glycol resins, polyamide resins, polyvinylbutyral resins, polyvinyl pyrrolidone resins, polyester resins, polyurethane resins, polyacrylic resins, polyacrylamide resins, polyvinylchloride resins, ketone resins, polyvinyl alcohol resins, modified cellulose or modified nylon resin or other resins soluble in organic solvents or mixtures thereof ([0126]).
Regarding claim 33, US’083 discloses that any solvent or solvent mixture suitable with the ink jet printing ink technology can be used. Preferred solvents are water, alcohols, esters, ethers, thioethers, glycol ethers, glycol ether acetates, amines, amides, ketones and/or hydrocarbons or mixtures thereof ([0128]).
Regarding claims 34-35, US’083 discloses that the binding agent can be any binding agent usually used in ink jet printing inks. Preferred, but not limited thereto, are the following binding agents: UV curable acrylic monomers and oligomers as well as resins of various families, like hydrocarbon resins, modified rosin resins, polyethylene glycol resins, polyamide resins, polyvinylbutyral resins, polyvinyl pyrrolidone resins, polyester resins, polyurethane resins, polyacrylic resins, polyacrylamide resins, polyvinylchloride resins, ketone resins, polyvinyl alcohol resins, modified cellulose or modified nylon resin or other resins soluble in organic solvents or mixtures thereof ([0126]).
Regarding claim 36, US’083 discloses that the amount of aluminum effect pigment in the ink jet printing ink of the present invention is preferably in a range from about 1 to 30% by weight, more preferably, from about 2 to 20% by weight, based on the total weight of said ink jet printing ink ([0119]).
Regarding claim 37, US’083 discloses that an article coated with a pigment preparation according to any one of claims 1 to 24 or with an ink jet printing ink ([0020]).
Regarding claim 39, US’083 discloses that any solvent or solvent mixture suitable with the ink jet printing ink technology can be used. Preferred solvents are water, alcohols, esters, ethers, thioethers, glycol ethers, glycol ether acetates, amines, amides, ketones and/or hydrocarbons or mixtures thereof. Examples for alcohols are alkyl alcohols such as, e.g., methyl alcohol, ethyl alcohol, propyl alcohol, iso-propyl alcohol, butyl alcohol, pentyl alcohol, hexyl alcohol, fluorinated alcohols or mixtures thereof. Examples of esters are methyl acetate, ethyl acetate, 1-methoxy-2-propylacetate propyl acetate, butyl acetate, methyl propionate or ethyl propionate glycolether acetates, butyl glycol acetate or mixtures thereof ([0128]- [0133]).
Regarding claim 40, US’083 discloses a pigment preparation, an ink jet printing ink as well the use thereof, comprising un-milled aluminum effect pigments (PVD), a solvent and at least one additive, wherein the aluminum effect pigments(platelet) have an average thickness 20-80 nm such as 20-50nm. The PVD aluminum pigments can be used to produce the pigment preparation of the present invention. In a first step the aluminum is applied by physical vapor deposition on a substrate coated with a release layer. Subsequently, the aluminum film is separated from the release layer. Thus a smooth surface pigment is obtained. The disclosure is further directed to an ink jet printing ink as well the use thereof (abstract, [0034], [0063] and [0086]). The following phosphorous containing additives are particularly useful in the pigment preparation: Disperbyk-102, 106, 111, 180, 190, 191 and 192 (BYK-Chemie GmbH, Wesel, Germany) ([0113]. When an organic solvent is used, the ink jet printing ink composition can contain a dispersant. As the dispersant, there can be used any dispersant used in an ordinary ink composition such as a gravure ink, offset ink, intaglio ink or screen printing ink. In particular, it is preferred to use a dispersant effectively acting when the solubility parameter of the organic solvent is from 8 to 11. As such a dispersant, it is also possible to utilize a commercial product, and specific examples thereof include Solsperse 20000, 24000, 3000, 32000, 32500, 33500, 34000 and 35200 (Avecia K.K.) or Disperbyk-102, 106, 111, 161, 162, 163, 164, 166, 180, 190, 191 and 192 (BYK-Chemie GmbH) ([0142]).
US’083 discloses that the particle size of less than 1 micron and the particle larger than 15 micron are not suitable. Thus, it is reasonable to expect that the average particle size of the aluminum d50 is in the range 1-15 micron ([0037-0038]). The reference differs from Applicant's recitations of claims by not disclosing identical ranges. However, the reference discloses “encompassing size” ranges, and encompassing ranges have been held to establish prima facie obviousness (MPEP 2144.05).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to use the desired dispersing additive as applicant set forth in the claims in the composition, since where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable dispersing additive form the composition involves only routine skill in the art, for the purpose of utilizing the composition for a desired application. The Courts have held that the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (See MPEP 2144.07).
Response to Arguments
Applicant's arguments filed 02/24/2025 have been fully considered but they are not persuasive.
The applicant argues that the claimed invention, as currently amended, is directed to a VMP pigment slurry that is suitable for use in flexographic inks and provides a smooth, mirror-like appearance when applied to a substrate.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e for use in flexographic inks and provides a smooth, mirror-like appearance when applied to a substrate) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The applicant argues that Trummer discloses that aluminum pigments prepared by ball milling are preferred.
The Examiner respectfully submits that Trummer, US’083, discloses a pigment preparation, an ink jet printing ink as well the use thereof, comprising un-milled aluminum effect pigments (PVD), a solvent and at least one additive, wherein the aluminum effect pigments(platelet) have an average thickness 20-80 nm such as 20-50 nm. The disclosure is further directed to an ink jet printing ink as well the use thereof (abstract, [0034-0035], [0063] and [0086]). The PVD aluminum pigments can be used to produce the pigment preparation of the present invention. In a first step the aluminum is applied by physical vapor deposition on a substrate coated with a release layer. Subsequently, the aluminum film is separated from the release layer. Thus a smooth surface pigment is obtained. The production of pvd aluminum pigments is known, for example, from U.S. Pat. No. 4,321,087. The larger particles obtained are then comminuted in the presence of a solvent (or a solvent mixture) having a viscosity of more than 1.8 mPa·s as well as an phosphorous containing additive to obtain the pigment preparation of the invention. The comminution can be affected, e.g., by ultrasonic dispersion ([0034-0035]). Furthermore, a reference is not limited to the teaching in its preferred embodiment (A reference is good not only for what it teaches but also for what one of ordinary skill might reasonably infer from the teachings. In re Opprecht 12 USPQ 2d 1235, 1236 (CAFC 1989); In re Bode USPQ 12; In re Lamberti 192 USPQ 278; In re Bozek 163 USPQ 545, 549 (CCPA 1969); In re Van Mater 144 USPQ 421; In re Jacoby 135 USPQ 317; In re LeGrice 133 USPQ 365; In re Preda 159 USPQ 342 (CCPA 1968). In addition, "A reference can be used for all it realistically teaches and is not limited to the disclosure in its preferred embodiments" See In re Van Marter, 144 USPQ 421).
Conclusion
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/SHUANGYI ABU ALI/ Primary Examiner, Art Unit 1731