DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 5, 2025 has been entered.
Claims 16 and 20 have been amended. Claims 16, 20 and 32-33 are currently pending and under examination.
The texts of those sections of Title 35 U.S. Code are not included in this section and can be found in a prior Office action.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
Claims 16, 20 and 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2016/193237, in view of JP 2018-048217 and JP 2017-141387, and further in view of Reichert (US 2017/0051166).
WO ‘237 teaches the following:
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When n=3, X=O-C2H4-O-C2H4-O-C2H4-O-CH3. This meets applicants’ claimed formula (Ib) when R16 is (CH2CH2O)n1CH2CH2R19, when n1=2 and R19 is OCH3.
WO ‘237 teaches the claimed pigments for use in a solvent based printing ink, teaching the mean particle size as 15-1000 nm, but does not teach the claimed particle size distribution or D90, as claimed.
JP ‘217 teaches kneading and polishing an infrared absorber so that the average particle size is 10-100 nm, preferably 30-60 nm, teaching that when the size is less than 100 nm, the visible transparency is excellent, but if the particle size is too small, the dispersion stability in the solvent will be deteriorated (p. 8). Salt milling by way of a kneader is taught as a suitable method for adjusting the particle size of the infrared absorber. The average particle size of JP ‘217 is described as the 50% diameter, where the average particle size is measured as the arithmetic average of the primary particle diameters for 400 primary particles (p. 39). JP ‘217 does not limit the type of near-infrared absorbing organic pigment and teaches that they include naphthalocyanine compounds (p. 24).
As to the D90, JP ‘387 teaches an ink composition and teaches that when the D90 is less than 100 nm, the aggregation tendency of a pigment can be further reduced, and storage stability and ejection stability of the ink are further improved. Salt milling by way of a kneader is described as a possible method for reducing the particle size.
Therefore, preparing the pigments of WO ‘237 to have an average particle size of 20-60 nm and a D90 of less than 100 nm is prima facie obvious.
As to the standard deviation, JP ‘217 teaches a coefficient of variation of preferably 20-30%, which is determined by the following: (standard deviation/arithmetic average value)x100 (p. 8). A pigment with a particle size of 20-60 nm and a coefficient of variation of 20-30% results in a standard deviation of 4-18 nm, which is much less than the claimed 25 nm.
Reichert exemplifies Ga-naphthalocyanine chromophores with short chain alkoxy axial substituents, and their use as almost colorless IR absorbers for optical filter applications (Abstract). Reichert exemplifies preparing Propoxy-Ga Naphthalocyanine and Butoxy-Ga-naphthalocyanine, which are subject to pigment finishing methods, such as kneading, teaching that when the pigment is subjected to pigment finishing, the remission values are reduced, which as evidenced by the instant specification, is an indication of higher IR absorbance, providing additional motivation to subject the naphthalocyaninces of WO ‘237 to pigment finishing methods such as kneading, as WO ‘237 clearly desires a high IR absorbance.
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have carried out pigment finishing techniques on the pigments of WO ‘237, as Reichert teaches that these can provide a pigment with a higher IR aborbance.
WO ‘237 in view of JP ‘217, ‘387 and further in view of Reichert is prima facie obvious over instant claims 16 and 32-33.
As to claim 20, WO ‘237 teaches that the metal center of the naphalocyanine can be Ga-O(C2H4O)nCH3, where n=1-6. When n=1, Ga-O-C2H4-OCH3 is present and meets applicants’ compound 1a.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicants argue that JP ‘217 does not relate to gallium phthalocyaninc compounds.
JP ‘217 teaches producing a pigment dispersion, where a near-infrared organic pigment is kneaded and polished, where JP ‘217 specifically teaches the near-infrared organic pigment to include any organic pigment having a maximum absorption wavelength in the near-infrared region, and lists naphthalocyanine compounds as suitable near-infrared organic pigments (p. 4).
The JP ‘983 reference has been removed from the above rejection, as JP ‘217 teaches applicants’ standard deviation.
Applicants argue that Reichert teaches Ga-naphthlocyanines with short alkoxy axial substituents, which are not within the scope of the pending claims.
While the examiner agrees, the compounds of Reichert are in the same field of endeavor and shows that by carrying out a pigment finishing method, such as kneading or milling, the remission values are reduced. Note that Reichert is a common inventor with WO ‘237. JP ‘217 teaches the method of kneading and milling. Reichert provides additional motivation for carrying out the method of kneading of JP ‘217, as the remission values of the near infrared absorbing pigment would be expected to be reduced, which is evidenced of a higher absorbance, which would similarly be desired by WO ‘237.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIEANN R JOHNSTON whose telephone number is (571)270-7344. The examiner can normally be reached Monday-Friday, 8:00 AM - 4:00 PM EST.
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/Brieann R Johnston/Primary Examiner, Art Unit 1766