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
The new grounds of rejection set forth below are necessitated by applicant’s amendment filed on May 28, 2026. In particular, claim 26 has been amended to state that the particle is a capsule consisting of a core and a shell wherein the shell comprises a polymer and a Si-O containing moiety. This combination of limitations was not present at the time of the previous office action. Thus, the following action is properly made final.
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.
Claim(s) 26, 28-29, 34 and 39-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yokohama et al (US 8,888,269) in view of Loccufier et al (US 2017/0029639).
Regarding claims 26 and 39, Yokohama teaches an aqueous inkjet ink (col. 1, lines 20-30) comprising a colorant (col. 1, lines 20-30) and an aqueous particle dispersion in a core-shell configuration (col. 10, lines 40-45). Yokohama teaches that a polymer core (col. 11, lines 45-55) can be subjected to further polymerization (col. 11, lines 50-55) with polymeric monomers (col. 12) and Si-O monomers such as vinyl triethoxysilane (col. 12, lines 40-45). This teaching indicates that the Si-O monomers are incorporated via a linking group to a polymer and within the shell of the core-shell particle.
However, Yokohama fails to teach that the core shell is in a capsule formation.
Loccufier teaches an aqueous inkjet ink (Abstract) which contain core-shell particles (Figures) which are considered capsules (Abstract). Loccufier teaches that the type of polymer in shell portion of the capsule is not particularly limited ([0044]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the capsule teaching of Loccufier for the core-shell particle of Yokohama. One would have been motivated to do so in order to receive the expected benefit of having good physical properties on a wide range of substrates (Loccufier, [0015]).
Regarding claims 28 and 40, Yokohama teaches that the ink further contains a water-soluble organic solvent (col. 9, lines 50-65).
Regarding claims 29, 34 and 41-42, Yokohama teaches that the colorant is a pigment (col. 7).
Claim(s) 26 and 35-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loccufier et al (US 2017/0029639) in view of Nagahama et al (EP 2 441 807).
Regarding claims 26 and 35-36, Loccufier teaches an aqueous ink (Abstract) comprising a colorant such as a pigment ([0014]) and a capsule consisting of a core/shell formation (Abstract and figures). The capsule is made from polymers and is dispersed as a particle (Abstract and figures).
However, it fails to teach that the shell comprises a polymer and a Si-O containing moiety wherein the moiety is part of a compound and the compound forms a solid mixture with the polymer.
Nagahama teaches an aqueous inkjet ink with resin particle which have a polymer and a polysiloxane which reads on the recited structure incorporated together ([0014]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporated the polysiloxane of Nagahama in the capsule particle of Loccufier which would include the shell portion. One would have been motivated to do so in order to receive the expected benefit of having high storage stability and can form sharp images (Nagahama, [0011]).
Regarding claim 37-38, Loccufier teaches that the ink further comprises a water-soluble organic solvent ([0114]).
Response to Arguments
Applicant’s arguments dated May 28, 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The double patenting rejection set forth in paragraph 6 of the office action dated March 23, 2026 has been withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DORIS L LEE whose telephone number is (571)270-3872. The examiner can normally be reached M-F 8 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie Lanee Reuther can be reached at 571-270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DORIS L. LEE
Primary Examiner
Art Unit 1764
/DORIS L LEE/Primary Examiner, Art Unit 1764
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