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 .
Election/Restrictions
Applicant's election of Group I, claims 1-5, without traverse in the reply filed on 12/22/2025 is acknowledged. Claims 6-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/22/2025.
Claim Rejections - 35 USC § 103
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka et al. (JP-H07179800-A), with reference to the included machine translation (hereinafter referred to as “Otsuka”).
Regarding claim 1, Otsuka teaches an ink composition for printing on metal, comprising: a coloring pigment, resins, a solvent, and an alkanolamine compound, wherein at least some of the resins have an acid value of 25 mg KOH/g or more (see Otsuka at pg. 2, para. 11, teaching a printing ink containing a colorant, a binder resin, a high boiling point solvent, and an amine compound; also see Otsuka at pg. 5, para. 2, teaching the colorant may be a pigment; also see Otsuka at pg. 3, last paragraph, teaching the amine compound may be N,N,N,N-tetrapropanol ethylenediamine, which is an alkanolamine; also see Otsuka at pg. 5, para. 7, teaching the ink may be a metal printing ink; also see Otsuka at pg. 4, last paragraph and pg. 5, para. 1, teaching the binder resin may have an acid value of 100 or less; this range overlaps the claimed range, establishing a prima facie case of obviousness, see MPEP § 2144.05).
Regarding claims 2-3, N,N,N,N-tetrapropanol ethylenediamine has four hydroxyl groups per molecule (“tetrapropanol” indicates four hydroxyl groups).
Regarding claims 4-5, see Otsuka at pg. 4, last paragraph and pg. 5, para. 1, teaching the binder resin may include a rosin maleic acid resin, i.e., a rosin-modified resin with a maleic acid moiety.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey E Barzach whose telephone number is (571)272-8735. The examiner can normally be reached Monday - Friday; 8 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.E.B./Examiner, Art Unit 1731
/AMBER R ORLANDO/Supervisory Patent Examiner, Art Unit 1731
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