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 .
Status of Claims
Claims 1-7 are pending in the current application.
Claim Interpretations
Claim 5 recites the term “normal boiling point.” The specification as originally filed at [00119] defines this term as referring to a boiling point measured at an atmospheric pressure of 0.101 MPa (about 1 atm).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Van Aert et al. (WO 2021/013690 A1) in view of Mougin et al. (US 2006/0067907 A1).
Regarding Claim 1, Van Aert teaches an aqueous inkjet ink comprising an aqueous polyurethane resin dispersion, pigment, water, and a water-soluble organic solvent (Van Aert, Abstract, [0008]-[0013], [0049]-[0052], [0060]-[0077]). Van Aert teaches the polyurethane resin pigment dispersion contains a polyol (i.e., an active hydrogen atom-containing component) having a cationic group of a quaternary ammonium, a polyether polyol, polyisocyanates, and polymeric diols (Van Aert, [0013]-[0039]). Van Aert teaches the polyisocyanates include aliphatic diisocyanates, cyclic aliphatic diisocyanates, and aromatic diisocyanatese (Van Aert, [0030]-[0032]).
Van Aert remains silent regarding the polyol having a cationic group of a quaternary ammonium being included in an amount of 12 wt% or more based on the total components of the polyurethane resin.
Mougin, however, teaches a polyurethane resin formed with a polyol cationic unit having at least one quaternary ammonium, a non-ionic unit, and a polyisocyanate compound (Mougin, Abstract, [0010]-[0014], [0048]-[0066]). Mougin teaches the polyol cationic unit having at least one quaternary ammonium is included in the polyurethane in an amount of 0.1 to 90 wt% based on total weight of the polyurethane (Mougin, [0076]-[0078]). Mougin’s range overlaps the claimed range of 12 wt% or more, and therefore, renders obvious the claimed range (MPEP 2144.05).
Since Van Aert and Mougin both disclose polyurethane resins containing polyols having a cationic group of a quaternary ammonium and polyisocyanates, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included Van Aert’s polyol having a cationic group of a quaternary ammonium in an amount of that renders obvious the claimed range according to the guidance of Mougin to yield a polyurethane-based composition that exhibits improved film forming properties, exhibits improved viscoelastic properties, and prevents film brittleness as taught by Mougin (Mougin, [0008]-[0009], [0077]).
Regarding Claim 2, modified Van Aert teaches the polyols having a cationic group of a quaternary ammonium include Formulas I and II that satisfy formulas (1) and (2) of claim 2 (Van Aert, [0018]-[0020]).
PNG
media_image1.png
160
310
media_image1.png
Greyscale
PNG
media_image2.png
230
239
media_image2.png
Greyscale
Van Aert – Formula I & II
Regarding Claim 3, modified Van Aert teaches the polyurethane resin pigment dispersion contains a polyether polyol, a polycarbonate polyol, and a polyester polyol (Van Aert, [0021]-[0029], [0033]-[0039]).
Regarding Claim 4, modified Van Aert teaches the polycarbonate polyol includes crystalline polycarbonate polyol such as Duranol T5651 (Van Aert, [0039]).
Regarding Claim 5, modified Van Aert teaches the water-soluble organic solvent includes dipropylene glycol that has a boiling point of 232oC (Van Aert, [0049]-[0052]).
Regarding Claim 6, modified Van Aert teaches the aqueous inkjet ink comprises a surfactant (Van Aert, [0053]-[0055]).
Regarding Claim 7, modified Van Aert teaches the surfactant includes a nonionic surfactant (Van Aert, [0053]-[0055]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELI D STRAH whose telephone number is (571)270-7088. The examiner can normally be reached M-F 9 am - 7 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Eli D. Strah/Primary Examiner, Art Unit 1782
Prosecution Insights