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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/19/2025 has been entered.
Response to Arguments
Applicant’s arguments, filed 11/19/2025, with respect to the rejection(s) of claim(s) 1, 2, 4, 5-9 and 11-16 under 35 USC 102 and 35 USC 103 have been fully considered and are persuasive; although Kondo discloses performing visual evaluations (i.e., empirical judgment) of the gradation image patterns printed utilizing a combination of a functional liquid and color inks, Kondo does not appear to disclose performing a physical or mechanical test on the printed fabric. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Li et al., as detailed below. Kondo is still found to be relevant.
In response to applicant's argument on page 8 of remarks that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., minimal effective amount of functional composition to achieve a desired non-visual outcome) 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 Examiner notes that the optimal result has no single definition in the disclosure of the instant application as discussed in at least paragraphs 0111-0112 as published.
The applicant argues that Kondo does not teach or suggest empirically generating the claimed lookup table. The Examiner respectfully disagrees. In view of the common meaning of ‘empirical,’ i.e., based on what is experienced or seen rather than on theory, Kondo explicitly discloses this in Figures 6-8 and paragraphs 0083-0085 and 0097 (as cited). Kondo discloses performing visual evaluations of the printed images that have been printed utilizing the functional liquid and color inks. From these observations, i.e., functional test, combinations of each meeting a standard are noted in one manner whereas those not meeting a standard are noted in a different manner. This disclosure is consistent with the common definition of empirical and the lookup table as shown in at least Figure 6 is generated therefrom (see paragraph 0083).
In response to applicant's arguments against the references individually [i.e., Nuriel and Ben-Zur as applied in the previous 35 USC 103 rejection], one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Claim Objections
Claim 1 objected to because of the following informalities: “said functional composition” in lines 6, 10-11, 12-13, 17 and 18 should read “said at least one functional composition.” Appropriate correction is required.
Claims 4-8 are similarly objected to as claim 1 above.
Claim 9 objected to because of the following informalities: “said functional agent” should read “said at least one functional agent.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-14 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites “at least one functional composition.” This limitation has been previously instantiated in claim 1 from which claim 12 depends. It is unclear and indefinite whether the instantiation of claim 12 is intended to represent a different functional composition or is intended to refer to the functional composition of claim 1. For purposes of examination, the Examiner interprets the functional composition of claim 12 to be referring to the functional composition instantiated in claim 1. Claims 13 and 14 are rejected based on their dependency on claim 12.
Claim 16 recites “a functional composition.” This limitation has been previously instantiated in claim 1 as “at least one functional composition.”. It is unclear and indefinite whether the instantiation of claim 16 is intended to represent a different functional composition or is intended to refer to the functional composition of claim 1. For purposes of examination, the Examiner interprets the functional composition of claim 16 to be referring to the functional composition instantiated in claim 1.
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.
Claim(s) 1-3, 5, 7-9, 11, 12 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kondo (EP 3357699 as supplied by the applicant) in view of Li et al., (US Pub No. 20030129365 as previously cited).
Claim 1: Kondo discloses a method of digital printing an image on a fabric [Abstract], comprising:
generating a look-up table by printing a gradient pattern on the fabric using at least one inkjet color ink composition and at least one functional composition [Figures 6-8], said gradient pattern comprises a plurality of areas, each of said areas receive an amount of said color ink composition and an amount of said functional composition [the functional liquid includes penetrants, surfactants, and the like, and is a liquid with a function to enhance a penetration effect into the medium 95 of the colored inks discharged onto the medium 95 on which the image is formed … printing on the medium 95 using parameters of colored ink discharge amounts per unit surface area (referred to below as colored ink duty) and functional liquid discharge amounts per unit surface area (referred to below as functional liquid duty) in Figures 6-8, p0080 & p0083-0085];
subjecting the fabric having said gradient pattern thereon to at least one functional test that measures a physical or a mechanical performance property of the printed fabric, and recording for each amount of said color ink composition, an optimal amount of said functional composition for each amount of said color ink composition, based on optimal result of said functional test, wherein said optimal amount is an amount of said functional composition that affords a desired physical or a mechanical result [performed visual evaluations [i.e., functional test] of the graininess of printed images … e.g., regions where graininess was visible are indicated by "x", and regions where graininess was not visible are indicated by "O" according to proportions shown in Figures 6-8 … configuration may be made such that actuation of the adjustment function can be selected by a user in the normal mode, or so as to be actuated in the aforementioned graininess amelioration mode [desired functional result] … an adjustment function may be provided to enable further fine adjustment of the functional liquid discharge amount [interpreted as an optimal amount] after highlight area determination at step S102 and changing the discharge condition, p0083-0085, p0097 & p0099-0100];
digitally printing the image on the fabric using said at least one color ink composition [image processing after the rasterization processing of above step S4 is then executed to output the generated print data to the controller 1 … controller 1 executes printing based on the print data by controlling each of the units of the printing apparatus 100, p0097 & p0105-0106]; and
digitally printing an amount of said at least one functional composition on at least a portion of the image [Discharge in the highlight areas having the specific lightness or greater is performed with discharge conditions to discharge colored ink and functional liquid, and so the colored ink soaks into and wets out the surface of the medium 95, p0106], wherein:
said amount of said functional composition is determined for said portion based on an amount of said color ink composition in said portion and said look-up table [print information includes image data to be formed on the medium 95, and print conditions related to the type of medium, the specific lightness, the functional liquid discharge amount, and the like. In the description of the present flowchart, the type of medium 95, the specific lightness (L* value), and the functional liquid discharge amount correspond to those of the respective tables of Fig. 6 to Fig. 8, p0102];
said functional composition comprises at least one functional agent [the functional liquid includes penetrants, surfactants, and the like, and is a liquid with a function to enhance a penetration effect into the medium 95 of the colored inks discharged onto the medium 95 on which the image is formed, p0080].
Kondo does not appear to disclose performing a physical or mechanical test on the printed fabric.
Li discloses in a well-known, related system from the same field of endeavor of textile printing [Abstract] utilizing at least one inkjet color ink composition and at least one functional composition [the treatment of the present invention includes the placement of a treatment of a dye fixing/receiving composition on the surface of the textile substrate which is to receive the printed ink, prior to placement of the printing ink on the textile substrate … textile substrate can be a knit, woven, nonwoven, or similar type textile. In one embodiment, the textile substrate is a tight woven fabric, p0004-0005 & p0007] and performing at least one functional test that measures a physical or a mechanical performance property of the printed fabric [All those treated fabrics were printed with solid circles and squares of 3 primary colors (red, blue, yellow) and black … printed fabrics were then washed in a regular home washer … Fabrics were then dried in a regular home dryer at low heat for 20 minutes. Very little color loss was observed after the washing. No color bleeding or migration was observed … Wet crocking (AATCC test method 8-1996), and waterfastness (AATCC test method 107-1997) were also measured on each primary color on the fabric after one wash. The test results are summarized in Table 1 and Table 2, p0023].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kondo the support to additionally provide the option to perform a physical or mechanical test on the printed fabric as disclosed by Li because provides further verification of the preservation of the printed image and flexibility of the underlying textile substrate as discussed by Li in at least paragraphs 0015-0018.
Claim 2: Kondo in view of Li discloses the method of claim 1, wherein said portion is defined by a raster image processor that controls a printing step of the image [When converting image data from an application into print data, the printer driver performs resolution conversion processing, color conversion processing, halftone processing, rasterization processing, command appending processing, etc., p0065].
Claim 3: Kondo in view of Li discloses the method of claim 2, wherein said portion of the image is one or more pixels of the image as stored in a raster image processor information [rasterization processing at step S4 is processing to rearrange pixel data (for example, 2-bit data) arrayed in a matrix pattern according to a dot formation sequence during printing, p0072].
Claim 5: Kondo in view of Li discloses the method of claim 1, wherein said digitally printing the image and said digitally printing said functional composition are effected without limitation as to the order in which said at least one inkjet color ink composition and said at least one functional composition as printed [The printing apparatus 100 of the present embodiment has printing modes including a "normal mode" in which the front face of the medium 95 is printed with colored inks, and a "bleed-through mode" in which colored inks discharged onto the front face of the medium 95 are caused by a functional liquid to penetrate through the medium toward the reverse face (bleed-through) thereof, such that the reverse face is penetration printed together with printing the front face of the medium 95 with colored inks, p0079 & p0081].
Claim 7: Kondo in view of Li discloses the method of claim 5.
Although Kondo discloses pretreating the fabric prior [woven fabric and the nonwoven fabric may be coated with a pretreatment agent in order to enhance color development and adhesion properties, p0027], Kondo does not appear to explicitly disclose an option wherein said digitally printing the image is effected subsequently to said digitally printing said functional composition.
Li discloses an option wherein said digitally printing the image is effected subsequently to said digitally printing said functional composition [the treatment of the present invention includes the placement of a treatment of a dye fixing/receiving composition on the surface of the textile substrate which is to receive the printed ink, prior to placement of the printing ink on the textile substrate, p0004].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kondo the support wherein said digitally printing the image is effected subsequently to said digitally printing said functional composition as taught by Li because it allows the application of the ink to the fabric providing a fixing/receiving surface of the material being printed to produce an expected product as discussed by Li in at least paragraph 0004.
Claim 8: Kondo in view of Li discloses the method of wherein said functional composition is suitable for a digital printhead and essentially devoid of a colorant [the discharge condition for the colored ink and the functional liquid is changed to a discharge condition that obtains substantially the same lightness to the lightness that would be obtained when the colored ink alone is discharged. This enables graininess to be ameliorated while also reproducing a color of substantially the same brightness (lightness), p0018 & p0112 – The Examiner notes that although the functional liquid is not explicitly disclosed as being devoid of colorant, the disclosure of this paragraph includes where its use does not change the resulting print response by maintaining the color’s lightness. If the liquid had a colorant, the lightness would not be “substantially the same” as discussed by Kondo. Therefore, the disclosure is interpreted to indicate the liquid is devoid of colorant].
Claim 9: Kondo in view of Li discloses the method of claim 1, wherein said functional agent is selected from the group consisting of a softening agent, an adhesion agent, a rub-resistant agent, a friction-coefficient reducing agent, an optical brightening agent, a fabric-bleaching agent, a cross-linking agent, a dye migration blocking agent, and a matting agent [the functional liquid includes penetrants, surfactants, and the like, and is a liquid with a function to enhance a penetration effect into the medium 95 of the colored inks discharged onto the medium 95 on which the image is formed, p0080].
Kondo does not appear to disclose any specific agent.
Li discloses wherein said functional agent is selected from the group consisting of a softening agent, an adhesion agent, a rub-resistant agent, a friction-coefficient reducing agent, an optical brightening agent, a fabric-bleaching agent, a cross-linking agent, a dye migration blocking agent, and a matting agent [the dye fixing/receiving compound can include a compatible resin binder [i.e., adhesion agent]. Additional additives can be used with the dye fixing/receiving composition, such as whitening agents [i.e., optical brightening agent], antimicrobial agents, and light stabilizers/UV absorbers, p0004].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kondo the support wherein said functional agent is selected from the group consisting of a softening agent, an adhesion agent, a rub-resistant agent, a friction-coefficient reducing agent, an optical brightening agent, a fabric-bleaching agent, a cross-linking agent, a dye migration blocking agent, and a matting agent as taught by Li because it provides a good bond with the fiber of the fabric to be more durable during washing as well as providing greater contrast with the printed inks as discussed by Li in at least paragraphs 0008-0013.
Claim 11: Kondo in view of Li discloses the method of claim 1, wherein said look-up table is generated for a given fabric and/or a given printing machine [The printing apparatus 100 accordingly pre-stores plural conversion tables in the storage unit 114 corresponding to the type of the medium 95, p0098].
Claim 12: Kondo in view of Li discloses the method of claim 11, further comprises, prior to said digitally printing said gradient pattern or the image, uniformly applying at least one functional composition on at least an area of the fabric corresponding to said gradient pattern or the image [woven fabric and the nonwoven fabric may be coated with a pretreatment agent in order to enhance color development and adhesion properties … printing on the medium 95 using parameters of colored ink discharge amounts per unit surface area (referred to below as colored ink duty) and functional liquid discharge amounts per unit surface area (referred to below as functional liquid duty) in Figures 6-8, p0027 & p0083-0085].
Claim 14: Kondo in view of Li discloses the method of claim 12.
Although Kondo discloses pretreating the material with an adhesion agent [woven fabric and the nonwoven fabric may be coated with a pretreatment agent in order to enhance color development and adhesion properties, p0027], Kondo does not appear to disclose drying said at least one functional composition prior to said digitally printing said gradient pattern or the image [printing on the medium 95 using parameters of colored ink discharge amounts per unit surface area (referred to below as colored ink duty) [i.e., gradient pattern of some type] and functional liquid discharge amounts per unit surface area (referred to below as functional liquid duty) in Figures 6-8, p0080 & p0083-0085].
Li discloses drying said at least one functional composition prior to said digitally printing [the treatment is applied to the substrate textile by impregnation or coating, which is then followed by a drying process, p0013].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kondo in view of Li the support for drying said at least one functional composition prior to said digitally printing as disclosed by Li because it been found that by ironing the print on the textile substrate with or without steam, or by drying the printed article in a home dryer, the color fastness of the printed article may be improved as discussed by Li in at least paragraph 0015.
Claim 15: Kondo in view of Li discloses the method of claim 1, wherein digitally printing the image comprises applying an immobilizing composition on the fabric [woven fabric and the nonwoven fabric may be coated with a pretreatment agent in order to enhance color development and adhesion properties, p0027].
Claim 16: Kondo in view of Li discloses the method of claim 15, wherein said immobilizing composition is a functional composition [woven fabric and the nonwoven fabric may be coated with a pretreatment agent in order to enhance color development and adhesion properties, p0027].
Claim(s) 4, 6, 8 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kondo (EP 3357699 as supplied by the applicant) in view of Li et al., (US Pub No. 20030129365 as previously cited) and in further view of Nuriel et al., (WO 2019077603 as supplied by the applicant).
Claim 4: Kondo in view of Li discloses the method of claim 1.
Kondo nor Li appear to disclose wherein said digitally printing the image and said digitally printing said functional composition are effected at a different printing resolution.
Nuriel discloses in a related system from the same field of endeavor [Abstract] wherein said digitally printing the image and said digitally printing said functional composition are effected at a different printing resolution [the printing resolution of the colored ink composition(s) is different than a printing resolution of the transparent colorless ink composition, page 3 lines 33-34].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kondo in view of Li the support wherein said digitally printing the image and said digitally printing said functional composition are effected at a different printing resolution as taught by Nuriel because it allows the use of the composition to be printed with larger dots when its needed volume is greater by changing its resolution.
Claim 6: Kondo in view of Li discloses the method of claim 5.
Although Kondo discloses pretreating the fabric prior [woven fabric and the nonwoven fabric may be coated with a pretreatment agent in order to enhance color development and adhesion properties, p0027], Kondo nor Li appear to explicitly disclose an option wherein said digitally printing the image is effected prior to said digitally printing said functional composition.
Nuriel discloses an option wherein said digitally printing the image is effected prior to said digitally printing said functional composition [whereas the opaque white underbase ink composition is printed before the colored ink composition(s). For example, the immobilizing composition can be applied or digitally printed on the surface of the substrate prior to, simultaneously, or shortly after any of the colored ink composition and/or the transparent colorless ink composition are printed thereon, page 15 lines 3-5].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kondo in view of Li the support wherein said digitally printing the image is effected prior to said digitally printing said functional composition as taught by Nuriel because it allows the application of the composition to be modified according to the features or surface of the material being printed to produce an expected product.
Claim 8: Kondo in view of Li discloses the method of claim 1, of wherein said functional composition is suitable for a digital printhead and essentially devoid of a colorant [the discharge condition for the colored ink and the functional liquid is changed to a discharge condition that obtains substantially the same lightness to the lightness that would be obtained when the colored ink alone is discharged. This enables graininess to be ameliorated while also reproducing a color of substantially the same brightness (lightness), p0018 & p0112 – The Examiner notes that although the functional liquid is not explicitly disclosed as being devoid of colorant, the disclosure of this paragraph includes where its use does not change the resulting print response by maintaining the color’s lightness. If the liquid had a colorant, the lightness would not be “substantially the same” as discussed by Kondo. Therefore, the disclosure is interpreted to indicate the liquid is devoid of colorant].
Nuriel also discloses wherein said functional composition is suitable for a digital printhead and essentially devoid of a colorant [digitally printing a transparent colorless ink composition on at least a portion of the image, wherein: the transparent colorless ink composition includes a binder and is essentially devoid of a colorant, page 3 lines 17-20 & 31-33].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kondo in view of Li the support wherein said functional composition is suitable for a digital printhead and essentially devoid of a colorant as taught by Nuriel because it allows the application of the composition to be modified according to the image data being printed where adhesion may be impaired to produce an expected product.
Claim 13: Kondo in view of Li discloses the method of claim 12.
Kondo discloses further utilize a lightness value in addition to graininess evaluation used to generate an initial look-up table [Figure 6] to finely adjust the functional liquid [Fig. 8 lists the converted discharge conditions resulting from converting the discharge conditions in the graininess table of Fig. 6 where graininess is visible, to discharge conditions where substantially the same color is reproduced and graininess is ameliorated … an adjustment function may be provided to enable further fine adjustment of the functional liquid discharge amount after highlight area determination at step S102 and changing the discharge condition, p0097 & p0100].
Kondo does not appear to explicitly disclose wherein said uniformly applying is effected at a minimal amount that allows passing a second functional test that is different than said functional test that is used for generating said look-up table.
Li discloses a second functional test that is different than said functional test [Wet crocking (AATCC test method 8-1996), and waterfastness (AATCC test method 107-1997) were also measured on each primary color on the fabric after one wash. The test results are summarized in Table 1 and Table 2, p0023].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kondo in view of Li the support to conduct a second functional test that is different than said functional test as disclosed by Li because provides further verification of the preservation of the printed image and flexibility of the underlying textile substrate as discussed by Li in at least paragraphs 0015-0018.
Li does not appear to disclose uniformly applying is effected at a minimal amount.
Nuriel discloses wherein said uniformly applying is effected at a minimal amount that allows passing a second functional test that is different from said functional test that is used for generating said look-up table [the threshold is a minimal or optimal amount of the at least one colored ink composition that is sufficient for passing a fastness test … by analyzing the effect of the fastness test, identifying the minimal and/or optimal percent of ink coverage, thereby determining the threshold, page 3 lines 27-28 & page 4 lines 24-29].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kondo in view of LI the support wherein said uniformly applying is effected at a minimal amount that allows passing a second functional test that is different than said functional test as taught by Nuriel because it evaluates the optimal amount of ink that needs to be place on the fabric needed to comply with a fastness score as standard in the industry as discussed by Nuriel on at least pages 12-13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Matsuzawa et al., US Pub No. 20060284929, discloses jetting recording ink containing a color material onto a recording medium by a recording head, and colorless ink for improving gloss onto the recording medium by the recording head.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARBARA D REINIER whose telephone number is (571)270-5082. The examiner can normally be reached M-Tu 10am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benny Tieu can be reached at 571-272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BARBARA D REINIER/Primary Examiner, Art Unit 2682