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 .
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.
Claims 1-18 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
It is unclear in claim 1, what all is encompassed by the term ‘acidic preservative” since compounds that are clearly salts are provided as examples in Applicant’s specification. However, since the term “acidic” is ordinarily used to describe a compound that has a pH of less than 7 when in aqueous solution, said salts are assumed to be weakly acidic with a pH of less than 7 in aqueous solution, in the absence of a clear showing to the contrary.
Claims 2-18 depend on and include all the subject matter of claim 1, but all fail to provide any solutions to the indefinite issue described above.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-18 are rejected under 35 U.S.C. 102(a/1,2) as being anticipated by Nagai (US 2002/0135650).
Regarding claims 1, 3, Nagai teaches a water-based ink (aqueous pigment ink [0171]) comprising: a pigment (carbon [0191]), water (balance [0191]) and an acidic preservative comprising at least one selected from the group consisting of sodium dehydroacetate ([0191], antiseptic or antifungal [0159]) which is a dehydroacetate and sodium sorbate ([0159]) which is a polyvalent unsaturated fatty acid salt.
Regarding claim 2, Nagai teaches that the pigment is a self-dispersing pigment ([0097]).
Regarding claims 3-5, Nagai teaches that the acidic preservative comprises at least one selected from the group consisting of sodium dehydroacetate ([0191], antiseptic or antifungal [0159]) which is a dehydroacetate and sodium sorbate ([0159]) which is a polyvalent unsaturated fatty acid salt.
Regarding claim 6, Nagai teaches that the dehydroacetate is sodium dehydroacetate ([0191]).
Regarding claim 7, Nagai teaches that the compound of formula (1) ([0191, 0066]) acts as an antioxidant ([0066]) which is a preservative that is acidic due to the sulfonic acid groups ([0066]). Accordingly, Nagai teaches that a content of the acidic preservative in the water-based ink is 1.7 % by mass, relative to a total mass of the water-based ink (1.5 wt% of compound of formula (1) + 0.2 wt% of sodium dehydroacetate, Example 1 [0191], antiseptic or antifungal [0159]) which is within the claimed range of 0.5% by mass to 5.0% by mass relative to a total mass of the water-based ink.
Regarding claims 8-9, Nagai teaches that the water-based ink further comprises a surfactant ([0191]) which is an acetylene-based surfactant (acetylenic glycol-based surfactant [0143]).
Regarding claims 10-11, Nagai teaches that the water-based ink further comprises a penetrant (penetrating agent [0153]) which comprises at least one selected from the group consisting of 1,2-hexanediol (improving the dissolution [0150]) which is an alkylene diol, and triethylene glycol-n-butyl ether (BTG) (triethylene glycol monobutyl ether [0153]) which is a glycol ether compound.
Regarding claims 7, 12, Nagai teaches that the compound of formula (1) ([0191, 0066]) acts as an antioxidant ([0066]) which is a preservative that is acidic due to the sulfonic acid groups ([0066]). Accordingly, Nagai teaches that an amount A of the acidic preservative in the water-based ink is 1.7 % by mass, relative to a total mass of the water-based ink (1.5 wt% of compound of formula (1) Example 1 [0191] + 0.2 wt% of sodium dehydroacetate, Example 1 [0191], antiseptic or antifungal [0159]) which is within the claimed range of 0.5% by mass to 5.0% by mass relative to a total mass of the water-based ink.
In addition, Nagai teaches that an amount B of the surfactant is 1 wt% by mass relative to a total mass of the water-based ink (surfactant, Example 1 [0191]), such that amount A and amount B satisfy Condition (X) of Applicant in that the ratio A/B = 1.7/1 = 1.7 which is within the claimed range of 0.5 to 50.
Regarding claims 7, 13, Nagai teaches that the compound of formula (1) ([0191, 0066]) acts as an antioxidant ([0066]) which is a preservative that is acidic due to the sulfonic acid groups ([0066]). Accordingly, Nagai teaches that an amount A of the acidic preservative in the water-based ink is 1.7 % by mass, relative to a total mass of the water-based ink (1.5 wt% of compound of formula (1) + 0.2 wt% of sodium dehydroacetate, Example 1 [0191], antiseptic or antifungal [0159]) which is within the claimed range of 0.5% by mass to 5.0% by mass relative to a total mass of the water-based ink.
In addition, Nagai teaches that an amount C of the penetrant in the water-based ink is 1 wt% (2-ethyl-1,3-hexanediol, Example 1 [0191] which is an alkylene diol penetrating agent [0153]) such that amount A and amount C satisfy Condition (Y) of Applicant in that the ratio A/C = 1.7/1 = 1.7 which is within the claimed range of 0.1 to 5.
Regarding claims 14-15, Nagai teaches that the water-based ink further comprises a penetrant (penetrating agent [0153]) which comprises at least one selected from the group consisting of 1,2-hexanediol (improving dissolution [0150]) which is an alkylene diol, and triethylene glycol-n-butyl ether (BTG) (triethylene glycol monobutyl ether [0153]) which is a glycol ether compound, wherein the acidic preservative comprises at least one selected from the group consisting of sodium dehydroacetate ([0191]) which is a dehydroacetate and sodium sorbate ([0159]) which is a polyvalent unsaturated fatty acid salt.
Regarding claim 16, Nagai teaches that the water-based ink is suitable for inkjet recording ([0016]).
Regarding claim 17, Nagai teaches a printed recording medium (inkjet recording [0016]) comprising: a recording medium (plain paper [0016]); and the water-based ink printed on the recording medium (printing on plain paper [0004]).
Regarding claim 18, Nagai teaches an ink cartridge (recording liquid cartridge [0065]) comprising the water-based ink stored therein (recording liquid [0065]).
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.
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/Sophie Hon/
Sow-Fun Hon
Primary Examiner, Art Unit 1782