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 .
Response to Amendment
Withdrawn Rejections
The 35 U.S.C. 103 rejections of claims 1-15, 17-20 over Harada in view of Roberts, as the primary combination of references, are withdrawn due to Applicant’s amendment filed on September 16, 2025.
New Rejections
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6-9, 11-14, 16,18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Harada (Clarivate Analytics English translation of JP-2019-014872-A) in view of Roberts (US 2011/0242154).
Regarding claim 1, Harada teaches a solid pigment preparation (solid pigment dispersion, 1st para of page 10) comprising: (a) a pigment (black pigment includes carbon black, last para of page 4), and (c) an amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (BYKJET … 9150, 9151, 9152, last para of page 9, as disclosed in Applicant’s specification, BYKJET-9150, BYKJET-9151, BYKJET-9152, lines 1-10 of page 8), and having a weight average molecular weight Mw of 10,000 to 50,000 (particularly preferably, 1st para of page 10) which is within the claimed range of at least 10,000, which is included (dispersion aid, 4th last para of page 9), for the purpose of providing the desired dispersion of the solid pigment preparation as an intermediate raw material suitable for storage and transport (1st para of page 10).
Harada fails to teach the inclusion of (b) an amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer in the solid pigment preparation.
However, Roberts teaches that in a solid pigment preparation (pigment and amphoteric polymeric dispersant are premixed …by dry milling [0032]), (b) an amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer, is included as an amphoteric amine-functional acrylic block copolymeric dispersant ([0025]), for the purpose of stabilizing re-dispersion of the pigment (carbon black pigment [0025]) when the solid pigment preparation is then added to an ink vehicle ([0025]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have comprised (b) an amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer, in the solid pigment preparation of Harada, in order to stabilize the re-dispersion of the pigment when the solid pigment preparation is then added to an ink vehicle, as taught by Roberts.
In addition, Harada teaches that the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), has a content of 27 wt% in the solid pigment preparation (4th last para of page 9); and that the pigment (a) has a content of 20 wt% in the solid pigment preparation (1st para of page 22).
Roberts teaches that the (b) amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer, has a content that is a fifth of the content of the pigment (a) in wt% (P/D = 5 [0028]), for the purpose of stabilizing re-dispersion of the pigment when the solid pigment preparation is then added to an ink vehicle, as described above.
Accordingly, a weight ratio of the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), and the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), in the solid pigment preparation of Harada, as modified by Roberts, is 13:87 ((b) = 1/5 x 20 wt% pigment = 4 wt% : 27 wt% (c)) which is within the claimed range of from 10:90 to 25:75.
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have comprised the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), and the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c) in a weight ratio that is within a range of from 10:90 to 25:75, in the solid pigment preparation of Harada, as modified by Roberts, in order to obtain the desired stabilization of re-dispersion of the pigment when the solid pigment preparation is then added to an ink vehicle, as taught by Roberts.
Regarding claim 2, Roberts teaches that the amine functional acrylic block copolymer (b) can have a number average molecular weight of 16,000 (daltons [0026]) g/mol, which, even at the lowest polydispersity of 1.0, has a weight average molecular weight Mw of 16,000 which is within the claimed range of at least 15,000 g/mol, for the purpose of stabilizing re-dispersion of the pigment when the solid pigment preparation is then added to an ink vehicle, as described above.
Regarding claim 3, Harada teaches that the amine-functional polymeric dispersant (c) comprises a polyoxyalkylene moiety comprising oxyethylene and/or oxypropylene constitutional units (BYKJET … 9150, 9151, 9152, last para of page 9, as disclosed in Applicant’s specification, BYKJET-9150, BYKJET-9151, BYKJET-9152, lines 1-10 of page 8).
Regarding claim 4, Harada teaches that the solid pigment preparation can comprise the pigment (a) in an amount of 30% by weight (4th para of page 4), and the dispersants comprising the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c) also in an amount of 30% by weight (4th last para of page 9, 4th para of page 4), such that the solid pigment preparation comprises the dispersants comprising the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c) in a total amount of 100 wt% based on the total weight of the pigment (a), which is within the claimed range of 10-200 wt%, for the purpose of providing the desired dispersion characteristics, as described above.
Accordingly, the solid pigment preparation of Harada, as modified by Roberts, can comprise the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), and the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), in a total amount that is within a range of 10-200 wt% based on the total weight of the pigment (a), for the purpose of providing the desired combination of dispersion and re-dispersion characteristics, as described above.
Regarding claim 6, Harada teaches that the pigment (a) comprises carbon black (black pigment includes carbon black, last para of page 4).
Roberts also teaches that the pigment (a) comprises carbon black ([0025]).
Regarding claim 7, Harada teaches that the solid pigment preparation is a flowable granular composition (granular solid pigment dispersion, 2nd last para of page 14, the mixture of the pigment and the solid dispersion aid is fluid and easy to operate, last para of page 12).
Regarding claim 8, Harada teaches that the solid pigment preparation is dispersible in organic solvent-based media (redispersed … in … organic solvent, 4th last para of page 15) as well as aqueous media (aqueous solvent, 4th last para of page 15).
Regarding claim 9, Harada teaches a process for producing a solid pigment preparation (to produce a re-dispersible solid pigment dispersion, 6th para of page 28), the process comprising the steps of: (i) dispersing a pigment in an aqueous solution (aqueous liquid dispersion media, 8th para of page 28) comprising an amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (dispersion aid, 1st para of page 10, BYKJET … 9150, 9151, 9152, last para of page 9, as disclosed in Applicant’s specification, BYKJET-9150, BYKJET-9151, BYKJET-9152, lines 1-10 of page 8), and having a weight average molecular weight Mw of 10,000 to 50,000 (particularly preferably, 1st para of page 10) which is within the claimed range of at least 10,000 (dispersion aid, 4th last para of page 9), for the purpose of providing the desired dispersion of the solid pigment preparation as an intermediate raw material suitable for storage and transport (1st para of page 10) and (ii) drying the dispersion to form the solid pigment preparation (drying the mixture by removing the liquid dispersion medium, last para of page 28). Harada fails to teach the inclusion of an amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer in the aqueous solution of the step (i).
However, Roberts teaches that in a process for producing a solid pigment preparation comprising a step of (i) dispersing a pigment in an aqueous solution (pigment and amphoteric polymeric dispersant are premixed … premixture includes an aqueous carrier medium [0032]), the aqueous solution includes an amine-functional acrylic block copolymer comprising at least vinyl pyridine and one (meth)acrylate monomer, as an amphoteric amine-functional acrylic block copolymeric dispersant ([0025]), for the purpose of stabilizing re-dispersion of the pigment (carbon black pigment [0025]) when the solid pigment preparation is then added to an ink vehicle ([0025]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have included an amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer in the aqueous solution of the step (i) of the process for producing a solid pigment preparation of Harada, in order to stabilize re-dispersion of the pigment when the solid pigment preparation is then added to an ink vehicle, as taught by Roberts.
In addition, Harada teaches that the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety, has a content of 27 wt% in the solid pigment preparation (4th last para of page 9); and that the pigment has a content of 20 wt% in the solid pigment preparation (1st para of page 22).
Roberts teaches that the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer, has a content that is a fifth of the content of the pigment in wt% (P/D = 5 [0028]), for the purpose of stabilizing re-dispersion of the pigment when the solid pigment preparation is then added to an ink vehicle, as described above.
Accordingly, a weight ratio of the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), and the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), in the solid pigment preparation of Harada, as modified by Roberts, is 13:87 ((b) = 1/5 x 20 wt% pigment = 4 wt% : 27 wt% (c)) which is within the claimed range of from 10:90 to 25:75.
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have comprised the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), and the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c) in a weight ratio that is within a range of from 10:90 to 25:75, in the aqueous solution of step (i) of the process for producing a solid pigment preparation of Harada, as modified by Roberts, in order to obtain the desired stabilization of re-dispersion of the pigment when the solid pigment preparation is then added to an ink vehicle, as taught by Roberts.
Regarding claim 11, Harada teaches that the dispersion is dried by oven drying (drying temperature higher, 2nd para of page 14).
Regarding claim 12, Harada teaches a dispersion comprising (a) a pigment (aqueous liquid dispersion media, 8th para of page 28); (c) an amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (dispersion aid, 1st para of page 10, BYKJET … 9150, 9151, 9152, last para of page 9, as disclosed in Applicant’s specification, BYKJET-9150, BYKJET-9151, BYKJET-9152, lines 1-10 of page 8), and having a weight average molecular weight Mw of 10,000 to 50,000 (particularly preferably, 1st para of page 10) which is within the claimed range of at least 10,000 (dispersion aid, 4th last para of page 9), for the purpose of providing the desired dispersion of the solid pigment preparation as an intermediate raw material suitable for storage and transport (1st para of page 10); and (d) a liquid aqueous or organic solvent-based carrier medium (4th last para of page 15). Harada fails to teach the inclusion of (b) an amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer in the dispersion.
However, Roberts teaches that in a dispersion comprising (a) a pigment and (d) a liquid aqueous carrier medium (pigment and amphoteric polymeric dispersant are premixed … premixture includes an aqueous carrier medium [0032]), an amine-functional acrylic block copolymer comprising at least vinyl pyridine and one acrylate monomer (b), is included as an amphoteric amine-functional acrylic block copolymeric dispersant ([0025]), for the purpose of stabilizing re-dispersion of the pigment (carbon black pigment [0025]) after the dispersion has been dried to form a solid pigment preparation, when the solid pigment preparation is then added to an ink vehicle ([0025]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have comprised an amine-functional acrylic block copolymer (b) in the dispersion of Harada, in order to stabilize re-dispersion of the pigment after the dispersion has been dried to form a solid pigment preparation, when the solid pigment preparation is then added to an ink vehicle, as taught by Roberts.
In addition, Harada teaches that the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), has a content of 27 wt% in the solid pigment preparation (4th last para of page 9); and that the pigment (a) has a content of 20 wt% in the solid pigment preparation (1st para of page 22).
Roberts teaches that the (b) amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer, has a content that is a fifth of the content of the pigment in wt% (P/D = 5 [0028]), for the purpose of stabilizing re-dispersion of the pigment after the dispersion has been dried to form a solid pigment preparation, when the solid pigment preparation is then added to an ink vehicle, as described above.
Accordingly, a weight ratio of the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), and the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), in the dispersion of Harada, as modified by Roberts, is 13:87 ((b) = 1/5 x 20 wt% pigment = 4 wt% : 27 wt% (c)) which is within the claimed range of from 10:90 to 25:75.
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have comprised the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), and the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), in a weight ratio that is within a range of from 10:90 to 25:75, in the dispersion of Harada, as modified by Roberts, in order to obtain the desired stabilization of re-dispersion of the pigment after the dispersion has been dried to form a solid pigment preparation, when the solid pigment preparation is then added to an ink vehicle, as taught by Roberts.
Regarding claim 13, Harada teaches a process for coloration of a material (coloring, 5th para of page 4), which comprises a step of incorporating: a solid pigment preparation (solid pigment dispersion, 1st para of page 10) comprising:
(a) a pigment (black pigment includes carbon black, last para of page 4); and
(c) an amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (BYKJET … 9150, 9151, 9152, last para of page 9, as disclosed in Applicant’s specification, BYKJET-9150, BYKJET-9151, BYKJET-9152, lines 1-10 of page 8), and having a weight average molecular weight Mw of 10,000 to 50,000 (particularly preferably, 1st para of page 10) which is within the claimed range of at least 10,000, which is included (dispersion aid, 4th last para of page 9), for the purpose of providing the desired dispersion of the solid pigment preparation as an intermediate raw material suitable for storage and transport (1st para of page 10). Harada fails to teach the inclusion of (b) an amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer, in the solid pigment preparation.
However, Roberts teaches that in a solid pigment preparation (pigment and amphoteric polymeric dispersant are premixed …by dry milling [0032]), an amine-functional acrylic block copolymer (b) comprising at least vinylpyridine and one (meth)acrylate monomer, is included as an amphoteric amine-functional acrylic block copolymeric dispersant ([0025]), for the purpose of stabilizing re-dispersion of the pigment (carbon black pigment [0025]) when the solid pigment preparation is then added to an ink vehicle ([0025]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have comprised (b) an amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer, in the solid pigment preparation of Harada, in order to stabilize re-dispersion of the pigment when the solid pigment preparation is then added to an ink vehicle, as taught by Roberts.
In addition, Harada teaches that the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), has a content of 27 wt% in the solid pigment preparation (4th last para of page 9); and that the pigment (a) has a content of 20 wt% in the solid pigment preparation (1st para of page 22).
Roberts teaches that the (b) amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer, has a content that is a fifth of the content of the pigment (a) in wt% (P/D = 5 [0028]), for the purpose of stabilizing re-dispersion of the pigment when the solid pigment preparation is then added to an ink vehicle, as described above.
Accordingly, a weight ratio of the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), and the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), in the solid pigment preparation of Harada, as modified by Roberts, is 13:87 ((b) = 1/5 x 20 wt% pigment = 4 wt% : 27 wt% (c)) which is within the claimed range of from 10:90 to 25:75.
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have comprised the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), and the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c) in a weight ratio that is within a range of from 10:90 to 25:75, in the solid pigment preparation of the process for coloration of a material of Harada, as modified by Roberts, in order to obtain the desired stabilization of re-dispersion of the pigment when the solid pigment preparation is then added to an ink vehicle, as taught by Roberts.
Alternatively, Harada teaches a process for coloration of a material (coloring, 5th para of page 4), which comprises a step of incorporating: a dispersion comprising:
(a) a pigment (mixing aqueous liquid dispersion media … into the pigment, 8th para of page 28);
(c) an amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (dispersion aid, 1st para of page 10, BYKJET … 9150, 9151, 9152, last para of page 9, as disclosed in Applicant’s specification, BYKJET-9150, BYKJET-9151, BYKJET-9152, lines 1-10 of page 8), and having a weight average molecular weight Mw of 10,000 to 50,000 (particularly preferably, 1st para of page 10) which is within the claimed range of at least 10,000, which is included (dispersion aid, 4th last para of page 9), for the purpose of providing the desired dispersion of the solid pigment preparation as an intermediate raw material suitable for storage and transport (1st para of page 10); and
d) a liquid aqueous or organic solvent-based carrier medium (4th last para of page 15) in said material.
Harada fails to teach the inclusion of (b) an amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer, in said material.
However, Roberts teaches that in a dispersion comprising (a) a pigment and (d) a liquid aqueous carrier medium (pigment and amphoteric polymeric dispersant are premixed … premixture includes an aqueous carrier medium [0032]), an amine-functional acrylic block copolymer (b) comprising at least vinyl pyridine and one acrylate monomer, is included as an amphoteric amine-functional acrylic block copolymeric dispersant ([0025]), for the purpose of stabilizing re-dispersion of the pigment (carbon black pigment [0025]) after the dispersion has been dried to form a solid pigment preparation, when the solid pigment preparation is then added to an ink vehicle ([0025]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have comprised (b) an amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer, in the dispersion of Harada, in order to stabilize re-dispersion of the pigment after the dispersion has been dried to form a solid pigment preparation, when the solid pigment preparation is then added to an ink vehicle, as taught by Roberts.
In addition, Harada teaches that the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), has a content of 27 wt% in the solid pigment preparation (4th last para of page 9); and that the pigment (a) has a content of 20 wt% in the solid pigment preparation (1st para of page 22).
Roberts teaches that the (b) amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer, has a content that is a fifth of the content of the pigment in wt% (P/D = 5 [0028]), for the purpose of stabilizing re-dispersion of the pigment after the dispersion has been dried to form a solid pigment preparation, when the solid pigment preparation is then added to an ink vehicle, as described above.
Accordingly, a weight ratio of the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), and the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), in the dispersion of Harada, as modified by Roberts, is 13:87 ((b) = 1/5 x 20 wt% pigment = 4 wt% : 27 wt% (c)) which is within the claimed range of from 10:90 to 25:75.
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have comprised the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), and the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), in a weight ratio that is within a range of from 10:90 to 25:75, in the dispersion of Harada, as modified by Roberts, in order to obtain the desired stabilization of re-dispersion of the pigment after the dispersion has been dried to form a solid pigment preparation, when the solid pigment preparation is then added to an ink vehicle, as taught by Roberts.
Regarding claim 14, Harada teaches a colored material obtained by the process for coloration of a material, wherein the colored material is a waterborne, solvent borne (aqueous solvent or an organic solvent, 4th para of page 15), 100% solids paint composition (paint, 4th para of page 15, when dried), or coating composition containing carbon black (carbon black pigment used for black coloring, 4th last para of page 4) which is an ink composition (ink-jet ink, 4th para of page 15).
Regarding claim 16, Roberts teaches that the amine functional acrylic block copolymer (b) is a copolymer comprising vinylpyridine and butyl (meth)acrylate ([0025]), for the purpose of stabilizing re-dispersion of the pigment when the solid pigment preparation is then added to an ink vehicle, as described above.
Regarding claim 18, Harada is silent regarding specific properties of the carbon black pigment.
However, Roberts teaches that a commercially available carbon black pigment has (a) a statistical thickness surface area (STSA) of 220 m2/g (surface area, Printex ® 80 [0053]) which is within the claimed range of ≤ 500 m2/g; (b) an oil absorption number (OAN) of 100 mL/100 g (Printex ® 80 [0053]) which is within the claimed range of 50 to 150 mL/100 g; and (c) a volatile matter content of 1.2% (Printex ® 80 [0053]) that is within the claimed range of ≤ 25%, for the purpose providing the desired pigment properties (useful black pigments [0052]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have provided a commercially available carbon black pigment that has (a) a statistical thickness surface area (STSA) of ≤ 500 m2/g; (b) an oil absorption number (OAN) of 50 to 150 mL/100 g; and (c) a volatile matter content of ≤ 25%, as the carbon black in the pigment (a) of the solid pigment preparation of Harada, as modified by Roberts, in order to obtain the desired pigment properties, as taught by Roberts.
. Regarding claim 19, although Harada, as modified by Roberts, is silent regarding a feature of a jetness of My of ≥ 200, or an undertone dM of > 0, for dried films obtained from water-borne and solvent-borne coating compositions that include the dispersed solid pigment preparation, wherein the films derived from the water and solvent-borne coating compositions exhibit a comparable jetness with delta My < 60, where the claimed and prior art products are identical or substantially identical in composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See MPEP 2112.01. If there were to be any differences in structure or chemistry, these differences are presumed to be minor and obvious in the absence of evidence to the contrary. In the instant case, Harada, as modified by Roberts, teaches the presently claimed, positively recited solid pigment preparation composition, as described above.
Regarding claim 20, Harada teaches that in the process for coloration of a material, the material is fluid (solvent, 4th para of page 15), and that the step of incorporating comprises stirring the solid pigment preparation or dispersion in the fluid material (pigment and dispersion aid … stirred, last para of page 17).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Harada in view of Roberts, as applied to claims 1-4, 6-9, 11-14, 16,18-20 above, and further in view of GÖtz (US 2011/0232531).
Harada, as modified by Roberts, teaches the process for producing a solid pigment preparation comprising the step of drying the dispersion to form the solid pigment preparation (ii), as described above. Harada, as modified by Roberts, fails to teach that the process further comprises a step of adjusting the pH of the dispersion to be in a range of 8.5 to 11.0 prior to the step of drying (ii).
However, Harada teaches that in the process for producing a solid pigment preparation comprising the step of drying the dispersion to form the solid pigment preparation (ii), the pigment (a) comprises carbon black (black pigment includes carbon black, last para of page 4).
GÖtz teaches that in a process for producing a solid pigment preparation (millbase composition … pigment blacks [0082]), comprising a step of drying a dispersion to form the solid pigment preparation (ii) (pigment dispersions … are subsequently spray dried [0080]), in which the pigment comprises carbon black ([0022]), further comprises a step of adjusting the pH of the dispersion to be in a range of between 8.5 and 9.0 (preliminary dispersion [0087]) which is within the claimed range of 8.5 to 11.0, prior to the step of drying (ii) ([0080]), for the purpose of providing the desired uniform preliminary dispersion of the pigment ([0087]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have included a step of adjusting the pH of the dispersion to be in a range of 8.5 to 11.0 prior to the step of drying (ii), in the process for producing a solid pigment preparation of Harada, as modified by Roberts, in order to obtain the desired uniform preliminary dispersion of the pigment, as taught by GÖtz.
Response to Arguments
Applicant’s arguments regarding the newly presented narrower weight ratio of 10:90 to 25:75 for the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), and the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c), have been considered but are moot because of the new embodiment presented in the new grounds of rejection. However, Applicant’s arguments regarding the previously cited prior art of record that are applied to the new grounds of rejection are addressed below.
Applicant argues that Roberts does not disclose or suggest using the amphoteric dispersant in combination with another dispersant, let alone specifically in combination with an amine-functional polymeric dispersant comprising a polyoxyalkylene moiety having a weight average molecular weight of at least 10,000 g/mol.
Applicant is respectfully apprised that Harada is the primary reference which teaches that the pigment (a) in the solid pigment preparation comprises carbon black pigment (black pigment includes carbon black, last para of page 4), where the amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (c) having a weight average molecular weight of at least 10,000 g/mol, is further comprised, for the purpose of providing the desired dispersion of the solid pigment preparation as an intermediate raw material suitable for storage and transport (1st para of page 10).
Roberts is the secondary reference which teaches that the amine-functional acrylic block copolymer comprising at least vinylpyridine and one (meth)acrylate monomer (b), is included as an amphoteric amine-functional acrylic block copolymeric dispersant ([0025]), for the purpose of stabilizing the re-dispersion of the carbon black pigment ([0025]) when the solid pigment preparation is then added to an ink vehicle ([0025]), thus providing the motivation to combine with Harada.
Applicant argues that neither Harada nor Roberts disclose, suggest, or otherwise recognize the invoked benefits such as universal re-dispersibility in different media (aqueous, organic) attainable by Applicant’s presently claimed invention.
Applicant is respectfully apprised that the features upon which Applicant relies (i.e., universal re-dispersibility in different media (aqueous, organic)) 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).
Furthermore, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
In response to Applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the Applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Applicant argues that in Table 2 of Applicant’s specification, Examples 7-9 using dispersants having a weight ratio within a range of from 10:90 to 25:75, when compared to Examples 5-6 which having weight ratios outside of the range, demonstrate surprising and unexpectedly higher black My values for films from aqueous medium, with more comparable coloristic properties between films prepared from both aqueous and organic solvent media.
Applicant is respectfully apprised that the features upon which Applicant relies (i.e., higher black My values for films from aqueous medium, along with more comparable coloristic properties between films prepared from both aqueous and organic solvent media) 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).
Furthermore, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Applicant argues that GÖtz is directed to subject matter that is very different from that of Applicant’s presently claimed invention because the polyether compounds of GÖtz are not amine-functional, nor are they used in combination with an amine-functional acrylic block copolymer, let alone a copolymer made from vinylpyridine and one or more (meth)acrylate monomer(s), not in the proposed specific weight ratio range.
Applicant is respectfully apprised that in the process for producing a solid pigment preparation of the primary reference of Harada, the pigment (a) comprises carbon black (black pigment includes carbon black, last para of page 4).
In the process for producing a solid pigment preparation of the secondary reference of Roberts, the pigment (a) also comprises carbon black ([0025]).
GÖtz is the secondary reference which teaches that a process for producing a solid pigment preparation (millbase composition … pigment blacks [0082]) in which the pigment comprises carbon black ([0022]), comprising step of drying a dispersion to form the solid pigment preparation (ii) (pigment dispersions … are subsequently spray dried [0080]), further comprises a step of adjusting the pH of the dispersion to be in a range of between 8.5 and 9.0 (preliminary dispersion [0087]) which is within the claimed range of 8.5 to 11.0, prior to the step of drying (ii) ([0080]), for the purpose of providing the desired uniform preliminary dispersion ([0087]) of the carbon black pigment.
Therefore, it would have indeed been obvious to one of ordinary skill in the art at the time, to have included a step of adjusting the pH of the dispersion to be in a range of 8.5 to 11.0 prior to the step of drying (ii), in the process for producing a solid pigment preparation of Harada, as modified by Roberts, in order to obtain the desired uniform preliminary dispersion of the pigment, as taught by GÖtz.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. US 2018/0030298 teaches a combination of (b) an amine-functional acrylic block copolymer ([0049]) comprising at least vinylpyridine ([0047] which provides the amine-functionality) and one (meth)acrylate monomer (in addition to the (meth)acrylate monomer [0046]), and (c) an amine-functional polymeric dispersant comprising a polyoxyalkylene moiety (BYKJET … 9150, 9151 [], as disclosed in Applicant’s specification, BYKJET-9150, BYKJET-9151, BYKJET-9152, lines 1-10 of page 8),
Any inquiry concerning this communication should be directed to Sow-Fun Hon whose telephone number is (571)272-1492. The examiner is on a flexible schedule but can usually be reached during a regular workweek between the hours of 10:00 AM and 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Aaron Austin, can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
Information regarding the status of an application may be obtained from the Patent Center (https://patentcenter.uspto.gov). Should you have any questions on the Patent Center system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Sophie Hon/
Sow-Fun Hon
Primary Examiner, Art Unit 1782
Prosecution Insights