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 .
Information Disclosure Statement
The information disclosure statement filed August 24, 2025 has been considered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 and 5-11, filed on April 21, 2026, have been considered but are not persuasive. Applicant argues that secondary reference Amon merely discloses the heating temperature during a conventional transfer printing calendar without regard to any particulars, for example of a solvent having an I/O value of 1.0 to 3.0 and a surface tension of less than 38 mN/m at 25oC as recited in claim 1. These limitations are taught by Houjou, as provided below. Houjou is modified with Amon to teach a transfer temperature that is higher than an organic solvent. Toluene, as taught in example 1 of Amon, has a boiling point below the transfer temperature. Amon teaches a transfer temperature of between 100-200oC (page 7, lines 21-27). With the dimethyl sulfoxide taught in Houjou having a boiling point of 189oC, so it is also lower than the transfer temperature taught in Amon. It would have been obvious to one having ordinary skill in the art at the time of filing to modify Houjou with Amon in order to provide deep and brilliant shades with excellent fastness. Applicant argues that is no basis for concluding that ordinary skilled individuals would have known to modify Houjou with Amon for this reason. However, Amon teaches that the silk fabric yellows at higher temperatures. Keeping the transfer temperature under 200oC allows for brighter colors by ensuring the fabric is not degraded. Further, it would have been obvious to modify Houjou with Amon to ensure high quality images on intact fabrics. Despite these arguments, a new non-final has been issued to correct the prior art references listed in claim 11.
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 1-3 and 5-8, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Houjou (US PG Pub 2008/0006176) in view of Amon (EP 0197891).
Regarding claim 1, Houjou teaches a pretreatment liquid [0014] comprising: a solvent having an inorganic/organic value (I/O value) of 1.0 to 3.0 [0046] (dimethyl sulfoxide); a surface tension set at less than 38 mN/m [0055]. While Houjou a surface tension of the treatment liquid having a surface tension of 10 mN/m -50mN/m, Houjou does not specifically teach the surface tension of the pretreatment liquid being measured at 25°C, it would have been obvious to one having ordinary skill in the art before the effective filing date to achieve an accurate measurement within a laboratory. Houjou teaches an organic solvent having a boiling point of 189°C (dimethyl sulfoxide) [0014]; however, it does not specifically disclose a transfer temperature during textile printing higher than the boiling point of the solvent. Amon teaches a transfer temperature during textile printing (Amon teaches a transfer temperature taught for textiles in page 7, lines 21-27 and a solvent – example 1, toluene has a boiling point below the transfer printing calendar heated at 140oC). It would have been obvious to one having ordinary skill in the art at the time of filing to modify Houjou with Amon in order to provide deep and brilliant shades with excellent fastness, providing high quality images with the fabric left intact.
Regarding claim 2 Houjou teaches that the solvent contains one or more selected from the group consisting of a sulfoxide, a polyhydric alcohol, and a polyhydric alcohol ether each having an I/O value of 1.0 to 3.0 [0046] (dimethyl sulfoxide).
Regarding claim 3, Houjou teaches that the solvent contains a sulfoxide having an I/O value of 1.0 to 3.0 [0046] (dimethyl sulfoxide).
Regarding claim 5, Houjou teaches a content of the solvent is 5% by mass or more with respect to the pretreatment liquid [0047] (content ratio of water-soluble organic solvent and other additives is 60% by mass or less), and examples of treatment liquids [0142] - [0167] show organic solvents in ranges higher than 5% by mass.
Regarding claim 6, Houjou teaches that the pretreatment liquid further contains a surfactant [0051]-[0055].
Regarding claim 7, Houjou teaches the surface tension is 28 mN/m or less [0055]. While Houjou a surface tension of the treatment liquid having a surface tension of 10 mN/m -50mN/m, Houjou does not specifically teach the surface tension of the pretreatment liquid being measured at 25°C, it would have been obvious to one having ordinary skill in the art before the effective 2to achieve an accurate measurement within a laboratory.
Regarding claim 8, Houjou teaches an image forming method comprising applying a pretreatment liquid [0010], to a fabric [0014] (cloth); transferring an ink layer containing a dye [0060] onto the fabric to which the pretreatment liquid has been applied [0010], figure 1. Houjou does not specifically teach a fabric containing a natural fiber or a synthetic cellulose fiber or an ink layer containing a disperse dye. However, Amon discloses a natural fiber (silk – page 2, lines 1-9) and an ink layer containing a disperse dye (page 9, lines 21-28). It would have been obvious to one having ordinary skill in the art at the time of filing to modify Houjou with Amon in order to provide deep and brilliant shades with excellent fastness, providing high quality images with the fabric left intact.
Regarding claim 10, Houjou teaches a fabric to which an ink layer containing a dye has been transferred [0014], [0060], [0010]. Hojou further teaches no washing steps in the image forming method. Amon teaches the fabric to which the ink layer containing the disperse dye has been transferred (page 2, lines 1-9 and page 9, lines 21-28). It would have been obvious to one having ordinary skill in the art at the time of filing to modify Houjou with Amon in order to provide deep and brilliant shades with excellent fastness, providing high quality images with the fabric left intact.
Regarding claim 11, Houjou teaches a solvent with a boiling point of 189°C (dimethyl sulfoxide); however, it does not specifically teach a boiling point of the solvent being 10-25°C lower than the transfer temperature. Amon teaches a transfer temperature, for which the boiling point of dimethyl sulfoxide is lower than the transfer temperature. (The heating temperature of transferring is between 100-200°C, and the boiling point of dimethyl sulfoxide is 189°C, which is 11oC lower than 200°C. It would have been obvious to one having ordinary skill in the art at the time of filing to modify Houjou with Amon in order to provide deep and brilliant shades with excellent fastness, providing high quality images with the fabric left intact.
Regarding claim 12, Houjou teaches a pretreatment liquid; however, it does not specifically teach a temperature during the transfer textile printing between 175-190oC. Amon teaches teach a temperature during the transfer textile printing between 175-190oC (page 7, lines 21-27). It would have been obvious to one having ordinary skill in the art at the time of filing to modify Houjou with Amon in order to provide deep and brilliant shades with excellent fastness, providing high quality images with the fabric left intact.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Houjou (US PG Pub 2008/0006176) in view of Amon (EP 0197891), and further in view of Oguchi (US PG Pub. 2015/0130881).
Regarding claim 9, Houjou and Amon teach the pretreatment liquid taught in claim 8; however, they do not specifically teach that the fabric contains cotton or a synthetic cellulose fiber. Oguchi teaches the fabric contains cotton or a synthetic cellulose fiber [0072] - [0073]. It would have been obvious to having ordinary skill in the art before the effective filing date of the claimed invention to modify the image forming method of Houjou and Amon with the image forming method, fabric, and disperse dye of Oguchi to allow for the production of desired hues and higher quality images that are printable on a variety of surfaces.
Conclusion
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/LAURA MARTIN SWEENEY/Supervisory Patent Examiner, Art Unit 2855
