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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/16/2025 has been entered.
Response to Amendment
In response to the amendment received on 12/16/2025:
claims 1-15 are currently pending
claims 1 and 6 are amended
new prior art grounds of rejection reapplying Yoshikawa, Watanabe, Yamada, Naito 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 Naito et al. (US 20190322883 A1), hereinafter referred to as NAITO.
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, and aliphatic monohydric alcohols having four or more carbon atoms.
However, NAITO discloses an aqueous pigment dispersion containing a pigment dispersing resin (A), a pigment (B), an organic solvent (C), and an aqueous medium (D), wherein the pigment dispersing resin (A), the pigment (B), and the organic solvent (C) have specified Hansen solubility parameters (see NAITO at Abstract). NAITO teaches that the selection of the pigment (B) and the organic solvent (C) combined such that the central coordinate is located within the solubility sphere improves the wettability of the pigment (B); the selection of the pigment (B) and the organic solvent (C) combined such that the central coordinate is close to the central coordinate of the solubility sphere further improves the wettability of the pigment (B), decreases the size of aggregates of the pigment (B), and increases the amount of the pigment dispersing resin (A) adsorbed on the pigment (B); and that this facilitates the production of an aqueous pigment dispersion that can be used to produce an ink with high ejection stability and long-term storage stability and that has high dispersibility with a lower likelihood of causing aggregation or precipitation of pigments (see NAITO at paragraph [0078]). 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]); and that as the distance between the HSP value of a solvent and the center of a Hansen sphere of the solid content of an ink decreases in the δD axis, δP axis, and δH axis coordinate space, the solvent becomes compatible with the solid content of the ink; if the compatibility is high, the ink is stable because the solid content never or little precipitates in the ink or separates from the solvent (see YOSHIKAWA at paragraph [0027]). NAITO teaches examples of the organic solvents identical to the ones disclosed by YOSHIKAWA such as ketones, such as dimethylformamide and N-methylpyrrolidone, glycols, such as ethylene glycol, diethylene glycol, triethylene glycol, tetraethylene glycol, propylene glycol, poly(ethylene glycol), and poly(propylene glycol); diols, such as butanediol, pentanediol, hexanediol, and their homologues; glycol esters, such as propylene glycol laurate; glycol ethers, such as ethers of diethylene glycol monoethyl, diethylene glycol monobutyl, and diethylene glycol monohexyl, propylene glycol ether, dipropylene glycol ether, N-(2-hydroxyethyl)pyrrolidone and 2-pyrrolidone (see NAITO at paragraph [0083] and YOSHIKAWA at paragraph [0040]). Additionally, among specific examples of organic solvents, NAITO discloses alcohols, such as methanol, ethanol, isopropyl alcohol, 1-propanol, 2-propanol, 1-butanol, 2-butanol, butyl alcohol, pentyl alcohol, and their homologues (see NAITO at paragraph [0083]).
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 alcohols, e.g., 1-butanol or 2-butanol, as disclosed by NAITO based on teachings of NAITO describing an ink with high ejection stability and long-term storage stability and that has high dispersibility with a lower likelihood of causing aggregation or precipitation of pigments (see NAITO at paragraph [0078]).
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)).
Furthermore, MPEP §2141.03(I) states: “the level of disclosure in the specification of the application under examination or in relevant references may also be informative of the knowledge and skills of a person of ordinary skill in the art”, therefore the examiner asserts that in light of the disclosure of specification describing that organic solvent B includes an HSP value of less than 25 [cal/cm3]0.5 (paragraph [00121]), and that examples of such organic solvents B include 1-butanol and 2-butanol (paragraph [00124]), it would have been obvious to one of ordinary skill in the art that an HSP of monohydric alcohols disclosed by NAITO would have claimed HSP value.
Regarding claim 2, YOSHIKAWA as modified by WATANABE and NAITO 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 NAITO 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 NAITO 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 NAITO 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 NAITO 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 NAITO 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 NAITO 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 NAITO 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 NAITO 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 NAITO 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 NAITO 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 NAITO 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 NAITO 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 NAITO 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 with respect to claim 1 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.
Conclusion
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/A.A.K./Examiner, Art Unit 1731
/ANTHONY J GREEN/Primary Examiner, Art Unit 1731