DETAILED ACTION
Response to Amendment
In response to the amendment received on 04/16/2026:
claims 1-15 are currently pending
claim 1 is amended
new prior art grounds of rejection applying Yoshikawa, Watannabe, Yamada, Kida and Suzuki are presented herein
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 text of those sections of Title 35 U.S. Code not included in this action can be found in a prior Office Action.
Claims 1-11 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa et al. (Pub. No.: US 2021/0238432 A1), hereinafter referred to as YOSHIKAWA, in view of Watanabe et al. (WO 2021261258) with reference to Pub. No.: US 2023/0220221 A1 for citations, hereinafter referred to as WATANABE, YAMADA et al. (US 20200317942 A1), hereinafter referred to as YAMADA, and Kida et al. (US 20110001779 A1), hereinafter referred to as KIDA.
Regarding claim 1, YOSHIKAWA teaches an aqueous coloring composition (Abstract: ink) comprising:
a metal pigment and a solvent component (paragraphs [0010]: an ink which contains water, an organic solvent and a pigment; [0054]: specific examples of pigments include … metals), wherein:
the metal pigment is metal particles having a surface treated with at least one surface treatment agent (paragraph [0057]: coating the surface of the pigment);
the solvent component includes water and at least one organic solvent (paragraphs [0010]: an ink which contains water, an organic solvent); and
a coordinate-to-coordinate distance between HSP coordinates of the surface treatment agent and HSP coordinates of the solvent component is 2 [cal/cm3]0.5 or less (paragraph [0028]: (b) represents the value of δH of the HSP value of the organic solvent and (a) represents the value calculated by subtracting the radius of the Hansen sphere in the δD axis, δP axis, and δH axis coordinate space of the solid content of the ink from δH of the Hansen sphere in the δD axis, δP axis, and δH axis coordinate space of the solid content of the ink; and Table 4 on page 11, Examples 1, 5, 6 and 9: (b)-(a)=1.2, 1.3, 0.8 and 1.7).
But YOSHIKAWA fails to explicitly teach the surface agent treatment being a phosphorus surface treatment agent having a hydrophobic atom or group of atoms.
However, WATANABE teaches a VMP aluminum slurry that can satisfy metallic texture achieving high designability and demand characteristics of adhesion level with a base material (see WATANABE at Abstract). WATANABE discloses that printing with an ink containing a VMP aluminum pigment can produce a mirror surface-like silver color (see WATANABE at paragraph [0002]). WATANABE teaches that the VMP aluminum pigment may have coating (see WATANABE at paragraph [0021]), and that examples of organic coating include octadecyl phosphonic acid (which reads on limitation “a phosphorus surface treatment agent having a hydrophobic atom or group of atoms”, where octadecyl part represents hydrophobic group of atoms).
WATANABE teaches that the VMP slurry can be used as a coating material or an ink (see WATANABE at paragraph [0037]). YOSHIKAWA discloses an ink comprising pigments (see YOSHIKAWA at Abstract), and that examples of the pigments include, but are not limited to, black pigments, yellow pigments, magenta pigments, cyan pigments, white pigments, green pigments, orange pigments, and gloss or metallic pigments of gold, silver, and others (see YOSHIKAWA at paragraph [0051]). According to MPEP § 2144.06(I), "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the ink composition of YOSHIKAWA by including VMP aluminum pigments disclosed by WATANABE since WATANABE explicitly teaches that the VMP slurry can be used as a coating material or an ink (see WATANABE at paragraph [0037]). Moreover, one of ordinary skill in the art would have been motivated to utilize aluminum pigment of WATANABE in the ink composition of YOSHIKAWA based on the teachings of YOSHIKAWA describing that the ink can contain metallic pigments of silver because WATANABE explicitly teaches that printing with an ink containing a VMP aluminum pigment can produce a mirror surface-like silver color (see WATANABE at paragraph [0002]).
While YOSHIKAWA discloses that there is no specific limitation to the organic solvent for use in the present disclosure (see YOSHIKAWA at paragraph [0039]), YOSHIKAWA fails to explicitly teach the organic solvent including at least one of an organic solvent having an HSP value of less than 25 [cal/cm3]0.5 that is selected from the group consisting of aromatic monohydric alcohols.
However, KIDA discloses water-based pigment ink which comprises at least water, water-soluble organic solvent and pigment (see KIDA at paragraph [0169]). KIDA discloses aluminum powder among the suitable pigments (see KIDA at paragraph [0105]). KIDA teaches that an aqueous liquid medium (or aqueous solvent) is preferably a mixture of water and water-soluble organic solvents; examples of a preferable water-soluble organic solvent include alcohols (e.g., methanol, ethanol, propanol, isopropanol, butanol, isobutanol, secondary butanol, tertiary butanol, pentanol, hexanol, cyclohexanol and benzyl alcohol); and that content of water-soluble organic solvent in ink is 5-60% by mass in total, preferably 10-35% by mass (see KIDA at paragraphs 0161-162]). Additionally, KIDA teaches that water-based ink preferably has 30% by mass or more of water-soluble organic solvent having SP value ((MPa)1/2) of 16.5 or more and less than 24.6, based on total ink; in the case of SP value ((MPa)1/2) of the organic solvent being 16.5 or more, compatibility with water can be kept and organic solvent is not separated (see KIDA at paragraph [0204]). Similarly, YOSHIKAWA teaches that if the HSP value of a solvent mixture is not within the Hansen sphere in the δD axis, δP axis, and δH axis coordinate space of the solid content of the ink, the ink cannot maintain a normal state as ink because the pigments or resins dispersed in the ink may precipitate or the organic solvent and water may be separated from each other (see YOSHIKAWA at paragraph [0025]). KIDA teaches examples of the organic solvents identical to the ones disclosed by YOSHIKAWA such as polyhydric alcohols (e.g., ethylene glycol, diethylene glycol, triethylene glycol, polyethylene glycol, propylene glycol, dipropylene glycol, polypropylene glycol, butylenes glycol, hexane-diol, pentane-diol, glycerin, hexane-triol, thiodiglycol), polyhydric alcohol ethers (e.g., ethylene glycol monomethyl ether, ethylene glycol monoethyl ether, ethylene glycol monobutyl ether, diethylene glycol monomethyl ether, diethylene glycol monoethyl ether, diethylene glycol monobutyl ether, propylene glycol monomethyl ether, propylene glycol monobutyl ether, ethylene glycol monomethyl ether acetate, triethylene glycol monomethyl ether, triethylene glycol monoethyl ether, triethylene glycol monobutyl ether, ethylene glycol monophenyl ether, propylene glycol monophenyl ether); heterocycles (e.g., 2-pyrrolidone, N-methyl-2-pyrrolidone (see KIDA at paragraph [0161] and YOSHIKAWA at paragraph [0040]). Additionally, among specific examples of organic solvents, KIDA discloses alcohols, such methanol, ethanol, propanol, isopropanol, butanol, isobutanol, secondary butanol, tertiary butanol, pentanol, hexanol, cyclohexanol and benzyl alcohol (see KIDA at paragraph [0161]).
According to MPEP § 2144.06(I), "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the composition of YOSHIKAWA by including monohydric aromatic alcohols, e.g., benzyl alcohol, as disclosed by KIDA based on teachings of KIDA describing an ink wherein compatibility with water can be kept and organic solvent is not separated (see KIDA at paragraph [0204]).
The rationale for such modification would have been combining prior art elements according to known methods to yield predictable results. See MPEP §2143(I) (Exemplary rationale (A)).
Regarding claim 2, YOSHIKAWA as modified by WATANABE and KIDA teaches the coloring composition according to claim 1, wherein:
the surface treatment agent is at least one compound represented by the formula (1) or (2):
(R1-)P(O)(OH)2 … (1)
(R2-O-)aP(O)(OH)3-a … (2)
where R1 and R2 independently represent a substituted or unsubstituted hydrocarbon group having 14 or more carbon atoms, and a represents 1 or 2 (see WATANABE at paragraph [0021]: examples of organic coating include octadecyl phosphonic acid (which reads on limitation “(R1-)P(O)(OH)2”, where R1 represents unsubstituted hydrocarbon group having 18 carbon atoms)).
Regarding claim 3, YOSHIKAWA as modified by WATANABE and KIDA teaches the coloring composition according to claim 1, wherein: the organic solvent includes an organic solvent having an HSP value of 25 [cal/cm3]0.5 or more (see YOSHIKAWA at Table 1, δH of 27.2 [J/cm3]0.5) and an organic solvent having an HSP value of less than 25 [cal/cm3]0.5 (Table 1, δH of 21.3 [J/cm3]0.5).
Regarding claim 4, YOSHIKAWA as modified by WATANABE and KIDA teaches the coloring composition according to claim 1, wherein: a water content is 50% by mass or more and 70% by mass or less of a total amount of the coloring composition (see YOSHIKAWA at paragraph [0048]: the proportion of water of the ink … is more preferably from 20 to 60 percent by mass). YOSHIKAWA teaches a range that overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim. See MPEP §2144.05(I).
Regarding claim 5, YOSHIKAWA as modified by WATANABE and KIDA teaches the coloring composition according to claim 1, wherein: a total amount of the organic solvent content is 20% by mass or more and 60% by mass or less of a total amount of the coloring composition (see YOSHIKAWA at paragraphs [0045-46]: the proportion of the organic solvent is more preferably from 20 to 60 percent by mass).
Regarding claim 6, YOSHIKAWA as modified by WATANABE and KIDA teaches the coloring composition according to claim 1, wherein: the organic solvent includes an organic solvent having an HSP value of less than 25 [cal/cm3]0.5 (see YOSHIKAWA at Table 1, δH of 21.3 [J/cm3]0.5) selected from aromatic monohydric alcohols, aliphatic monohydric alcohols having four or more carbon atoms, and alkanediols (see YOSHIKAWA at Table 1: 1,2-Propane diol).
Regarding claim 7, YOSHIKAWA as modified by WATANABE and KIDA teaches the coloring composition according to claim 1, wherein the organic solvent includes an organic solvent selected from alkanediols, glycols, and glycol ethers (see YOSHIKAWA at paragraph [0042]: glycol ether compounds). While YOSHIKAWA is silent with respect to an organic solvent having an HSP value of 25 [cal/cm3]0.5 or more, YOSHIKAWA teaches glycol ether compounds, thus, the HSP value is inherently disclosed. See MPEP §2112.01(I): “where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best”.
Regarding claim 8, YOSHIKAWA as modified by WATANABE and KIDA teaches the coloring composition according to claim 1, further comprising a polyoxyalkylene amine compound (see YOSHIKAWA at paragraph [0085]: polyoxyethylene alkyl amine).
Regarding claim 9, YOSHIKAWA as modified by WATANABE and KIDA teaches the coloring composition according to claim 1, wherein: a metal pigment content is 0.5% by mass or more and 20% by mass or less (see YOSHIKAWA at paragraph [0056]: the proportion of coloring material in the ink is more preferable from 1 to 10 percent by mass). YOSHIKAWA teaches a range which is within and anticipates the claimed range.
Regarding claim 10, YOSHIKAWA as modified by WATANABE and KIDA teaches the coloring composition according to claim 1, wherein: the coloring composition is a paint composition or ink composition (see YOSHIKAWA at paragraph [0010]: ink).
Regarding claims 11 and 13, YOSHIKAWA as modified by WATANABE and KIDA teaches the coloring composition according to claim 1, wherein: the metal particles (modified by WATANABE, as was discussed in the rejection of claim 1 above) are particles of aluminum or an aluminum alloy (claim 11) and the metal particles are in flake shape (claim 13) (see WATANABE at paragraph [0020]: aluminum pigment flake).
Regarding claim 14, YOSHIKAWA as modified by WATANABE and KIDA teaches a coloring method comprising: attaching the coloring composition according to claim 1 (see YOSHIKAWA at paragraph [0139]: discharging ink to a recording medium) to a substrate (see YOSHIKAWA at paragraph [0133]: the recording media include wall paper, floor material, textile).
Regarding claim 15, YOSHIKAWA as modified by WATANABE and KIDA teaches an aqueous pigment dispersion for use in preparing the coloring composition according to claim 1 (see YOSHIKAWA at paragraph [0065]: mix a pigment with water, a dispersant, and other substances to prepare a pigment dispersion and thereafter mix the pigment dispersion with materials such as water and an organic solvent to manufacture an ink), the pigment dispersion comprising:
the metal pigment and the solvent component (see YOSHIKAWA at paragraphs [0010]: an ink which contains water, an organic solvent and a pigment; [0054]: specific examples of pigments include … metals), wherein:
a coordinate-to-coordinate distance between HSP coordinates of the surface treatment agent and HSP coordinates of the solvent component is 2 [cal/cm3]0.5 or less see YOSHIKAWA at (paragraph [0028]: (b) represents the value of δH of the HSP value of the organic solvent and (a) represents the value calculated by subtracting the radius of the Hansen sphere in the δD axis, δP axis, and δH axis coordinate space of the solid content of the ink from δH of the Hansen sphere in the δD axis, δP axis, and δH axis coordinate space of the solid content of the ink; and Table 4 on page 11, Examples 1, 5, 6 and 9: (b)-(a)=1.2, 1.3, 0.8 and 1.7).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over YOSHIKAWA in view of WATANABE and KIDA as applied to claim 1 above, and further in view of Suzuki et al. (JP 2019119855 A) with reference to the provided machine translation, hereinafter referred to as SUZUKI.
Regarding claim 12, YOSHIKAWA as modified by WATANABE and KIDA teaches the coloring composition according to claim 1, but fails to explicitly teach wherein: an amount of the surface treatment agent used is 1% by mass or more and 50% by mass or less, with a total mass of the metal particles being 100% by mass.
However, SUZUKI teaches ink composition comprising pigment particles (see SUZUKI at paragraph [13]). SUZUKI also teaches that pigment particles are selected from the group consisting of aluminum, brass, stainless steel, bronze, aluminum oxide and alloys thereof (see SUZUKI at paragraph [19]), and that the metal pigment particles are coated with material such as silica or phosphate (see SUZUKI at paragraph [20]). SUZUKI discloses that when pigment particles are coated with alkyl phosphonic acid, it is possible to prevent hard caking and to improve the redispersion of the pigment particles; in addition, the pigment has low reactivity with a solvent such as water and continuously has high stability (see SUZUKI at paragraph [22]). Additionally, SUZUKI teaches that the ratio of the adsorption mass of the alkyl phosphonic acid to 100 parts by mass of the metal pigment particles is preferably 0.1 parts by mass or more and 20 parts by mass or less (see SUZUKI at paragraph [24]).
One of ordinary skill in the art would have recognized the potential benefit of improving the ink composition of YOSHIKAWA by utilizing metal pigments coated with 0.1 to 20 parts by mass of alkyl phosphonic acid as disclosed by SUZUKI since SUZUKI explicitly teaches that when disclosed pigment particles are coated with alkyl phosphonic acid, it is possible to prevent hard caking and to improve the redispersion of the pigment particles; in addition, the pigment has low reactivity with a solvent such as water and continuously has high stability (see SUZUKI at paragraph [22]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ink composition of YOSHIKAWA by including the coated metal pigments disclosed by SUZUKI in order to prevent hard caking and to improve the redispersion of the pigment particles.
Response to Arguments
Applicant’s arguments, see Remarks filed on 04/16/2026, with respect to the rejection(s) of claim 1 as being unpatentable over YOSHIKAWA in view of NAITO have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of YOSHIKAWA as modified by KIDA.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/A.A.K./Examiner, Art Unit 1731
/ANTHONY J GREEN/Primary Examiner, Art Unit 1731
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