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 . Continued Examination Under 37 CFR 1.114A 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 (4 – 2 – 2026) has been entered.
Response to Arguments
Applicant's arguments and remarks filed (4 – 2 – 2026) have been fully considered but they are not persuasiveApplicant argues…
Yamada et al. (JP 2020050719 A, hereinafter Yamada) does not teach the newly amended feature of wherein the first heating step is a step of heating the record medium immediately before the foaming control liquid application step.
Applicant further argues that none of the other applied references make up for the deficiency of Yamada / Yamada as modified.
This is not found to be persuasive because…
While examiner agrees that Yamada drying step transpires after the foaming control liquid application step. Yamada also teaches on ([0038]) that the medium 20 is formed, for example, by coating the base material 21 with a paint that will become the foam layer 22 after drying. Furthermore, the medium 20 may be formed by extrusion melt lamination, in which a master badge is created using a thermoplastic resin as the base polymer, the master badge is extruded from a single-screw extrusion kneader through a T-die into a sheet, and then laminated directly onto the substrate 21. Where extrusion melt lamination provides for a first heating step of heating a record medium including a substrate and a foaming layer that is disposed on the substrate. In particular, extrusion melt lamination relies on the residual heat of the extruded resin melt to bond to the base material, consequently the residual heat in the freshly extruded molten resin is enough to fuse and bond directly to the base material as it cools and solidifies, providing for the of heating a record medium including a substrate and a foaming layer that is disposed on the substrate. With ([0024]) adding that a medium having a foamed layer is prepared (step S11), and a foam-suppressing ink that suppresses foaming of the foamed layer is applied to the medium (step S12). Highlighting, that (step S11) is disclosed on ([0025]) which teaches that the as shown in Figure 3, the media 20 comprises a base material 21 and a foamed layer (thermal expansion layer) 22 formed on the base material 21. With ([0038]) expanding that the media 20 may be formed by extrusion melt lamination. As such, (step S12) encompassing a foam-suppressing ink that suppresses foaming of the foamed layer is applied to the medium is found to transpire after the (step S11) namely a medium having a foamed layer is prepared which encompass the that the media 20 may be formed by extrusion melt lamination / the first heating step. Accordingly, the first heating step is a step of heating the record medium before the foaming control liquid application step transpires.
This is unpersuasive because as explained above there was not found to be deficiency in Yamada / Yamada as modified.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show a cooling unit configured to cool the record medium 21 downstream of the second heating unit 24 in the A-direction which is the conveyance direction of the record medium 21 as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered, and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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.
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 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.
A.) Claim(s) 1 – 10 & 12 – 16, is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Yamada et al. (JP 2020050719 A, hereinafter Yamada)Regarding claim 1,
A method for manufacturing a recorded matter having a stereoscopic image comprising:
a first heating step of heating a record medium including a substrate and
a foaming layer that is disposed on the substrate and
that contains a foaming material to be foamed due to heat and
a binder resin;
a foaming control liquid application step of applying a foaming control liquid for controlling foaming of the foaming material to the surface of the record medium heated in the first heating step by an ink jet recording head; and
a second heating step of heating the record medium provided with the foaming control liquid to form a stereoscopic image,
wherein the first heating step is a step of heating the record medium immediately before the foaming control liquid application step, and
wherein a surface temperature T0 (°C) of the record medium before being heated in the first heating step,
a surface temperature T1 (°C) of the record medium after being heated in the first heating step, and
a foaming start temperature Tf (°C) of the foaming material satisfy a relationship represented by Formula (1): T0 < T1 < Tf (1).
Yamada teaches the following:
, b.) & c.) ([0025]) teaches as shown in (Fig. 3), the medium 20 includes a base material 21 and a foam layer (thermally expandable layer) 22 formed on the base material 21. Where the base material 21 acts as applicant’s substrate and the thermally expandable a foam layer 22 acts as applicant’s foam layer / thermally expandable layer to be foamed due to heat. ([0038]) teaches that the medium 20 is formed, for example, by coating the base material 21 with a paint that will become the foam layer 22 after drying. Furthermore, the medium 20 may be formed by extrusion melt lamination, in which a master badge is created using a thermoplastic resin as the base polymer, the master badge is extruded from a single-screw extrusion kneader through a T-die into a sheet, and then laminated directly onto the substrate 21. Where extrusion melt lamination provides for a first heating step of heating a record medium including a substrate and a foaming layer that is disposed on the substrate. In particular, extrusion melt lamination relies on the residual heat of the extruded resin melt to bond to the base material, consequently the residual heat in the freshly extruded molten resin is enough to fuse and bond directly to the base material as it cools and solidifies, providing for the of heating a record medium including a substrate and a foaming layer that is disposed on the substrate.
([0027]) teaches that the foam layer 22 includes, for example, a thermoplastic resin 22A. As such, the foam layer is understood to comprise a binder resin.
([[0072]) teaches that a after the foam-inhibiting ink was applied, the medium was pre-dried at 60 °C for 30 seconds. ([0040]) notes that the expansion-inhibiting ink contains an expansion-inhibiting material that inhibits the expansion of the foam layer 22.
([0072]) teaches after the foam-inhibiting ink was applied and dried it was then immediately heated in an oven at 200 °C.
([0024]) teaches that a medium having a foamed layer is prepared (step S11), and a foam-suppressing ink that suppresses foaming of the foamed layer is applied to the medium (step S12). Highlighting, that (step S11) is disclosed on ([0025]) which teaches that the as shown in Figure 3, the media 20 comprises a base material 21 and a foamed layer (thermal expansion layer) 22 formed on the base material 21. With ([0038]) expanding that the media 20 may be formed by extrusion melt lamination. As such, (step S12) encompassing a foam-suppressing ink that suppresses foaming of the foamed layer is applied to the medium is found to transpire after the (step S11) namely a medium having a foamed layer is prepared which encompass the that the media 20 may be formed by extrusion melt lamination / the first heating step. Accordingly, the first heating step is a step of heating the record medium before the foaming control liquid application step transpires.
([0038]) teaches that the medium 20 is formed, for example, by coating the base material 21 with a paint that will become the foam layer 22 after drying. Additionally, the medium 20 may be formed by extrusion melt lamination, in which a master badge is created using a thermoplastic resin as the base polymer, the master badge is extruded from a single-screw extrusion kneader through a T-die into a sheet, and then laminated directly onto the substrate 21.As such, the surface temperature of the painting step / coating is understood to transpire at room temperature T0 = 25 °C. Similarly, the surface temperature of the substate prior to the extrusion which is similarly understood to transpire at room temperature T0 = 25 °C (the substrate at room temperature prior to having the molten resin extruded directly onto the substrate thus heating the substrate).
([0034]) teaches that the foaming temperature is preferably at least 20 °C higher than the temperature at which the medium 20 is formed (painting & drying or extrusion melt lamination). This makes it possible to prevent unintended foaming from occurring when the medium 20 is formed. ([0072]) provides an example in which the foam-inhibiting ink was applied, after the medium was pre-dried at 60° C. As such, the drying temperature (T1) is understood to be a result effective variable. With the drying temperature T1 is understood to satisfy T1 ≤ Tf – 20
([0034]) teaches that it is preferable to use a foam 22B having a foaming temperature of 200 °C or less. As such, Tf ≤ 200 °CAs such, T0 = 25 °C , T1 ≤ Tf – 20 and Tf ≤ 200 °C; Which yields T1 ≤ 200 – 20 to T1 ≤ 50 – 20, T1 ≤ 180As such, T0 (= 25 °C) < T1 (≤ 30 °C – 180 °C) < Tf (≤ 200 °C). which is understood to satisfy applicant’s equation of T0 < T1 < Tf. Highlighting, that the example provided of 60° C is found to fall within the range of T1 ≤ 30 °C – 180 °C.This makes it possible to prevent unintended foaming from occurring when the medium 20 is formed. This is reinforced by ([0031]) teaching that foaming occurs due to the fact that when the coating is exposed to a temperature above the foaming onset temperature i.e., < Tf (≤ 200 °C), at which the microcapsules soften, and the volatile organic material volatilizes. Highlighting, even if the temperature painting step / coating is understood to transpire at room temperature T0 = 25 °C, the drying temperature (T1) is understood to satisfy T1 ≤ Tf – 20, and Tf ≤ 200 °C. Similarly, for extrusion lamination the surface temperature of the substate prior to the extrusion which is similarly understood to transpire at room temperature T0 = 25 °C (the substrate at room temperature prior to having the molten resin (but below foaming temperature) extruded directly onto the substrate thus heating the substrate). Accordingly, Each of these steps at their prescribed temperature range are understood to impact and tailor the occurrence of unintended foaming from occurring when the medium 20 is formed. Accordingly, it would have been obvious to optimize the various temperature utilized during the painting step / coating, pre-drying / drying, foaming and foaming start temperature due to mitigating accidently foaming from occurring during the various processing steps. Accordingly, the case law for result effective variable may be recited. Where, it is well settled that determination of optimum values of cause effective variables such as these process parameters is within the skill of one practicing in the art. In re Boesch, 205 USPQ 215 (CCPA 1980). In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977), MPEP 2143 II (B).
Regarding claim 2 as applied to claim 1,
Wherein T1 and a surface temperature T2 (°C) of the record medium after being heated in the second heating step satisfy Formula (2): T1 < T2 (2).
Yamada teaches the following:
([0034]) teaches that the foaming temperature is preferably at least 20 °C higher than the temperature at which the medium 20 is formed (drying or extrusion). This makes it possible to prevent unintended foaming from occurring when the medium 20 is formed. As such, the forming temperature (T1) is understood to be a result effective variable.Accordingly, the drying and/or extrusion temperature T1 is understood to satisfy T1 ≤ Tf – 20. Additionally, ([0057]) teaches the heating temperature and heating time are determined depending on the foaming temperature, etc., but for example, heating is performed at 200 °C for 90 seconds. As such, the foaming temperature (Tf) is 200 °C and thus the surface temperature (T2) of the record medium after being heated in the second heating step is also understood to be 200 °C, i.e. T2 = 200 °C).Accordingly, T1 ≤ Tf – 20 with Tf = 200 °C yields T1 ≤ 180 °C.Thus, with T1 ≤ 180 °C and T2 = 200 °C, provides for T1 (≤ 180 °C) < T2 (= 200 °C). Which satisfies applicant formula and limitation of T1 < T2.
Regarding claim 3 as applied to claim 1,
Wherein T1 is higher than a glass transition temperature Tg of the binder resin
Yamada teaches the following:
([0029]) teaches that the thermoplastic resin 22A may be a polyolefin resin (polyethylene, polypropylene, polyethylene-vinyl acetate copolymer, etc.), polyvinyl chloride, polyurethane, acrylic, etc. Where the Tg of polyethylene is around – 80 °C and the polypropylene is around – 10 °C to – 20 °C. As such, a Tg range of – 80 °C to – 10 °C is understood to be disclosed. With ([0034]) teaches that the foaming temperature is preferably at least 20 °C higher than the temperature at which the medium 20 is formed (drying or extrusion). This makes it possible to prevent unintended foaming from occurring when the medium 20 is formed. As such, the forming temperature (T1) is understood to be a result effective variable.As such, the dying temperature T1 is understood to satisfy T1 ≤ Tf – 20 ([0034]) teaches that it is preferable to use a foam 22B having a foaming temperature of 200 °C or less. As such, Tf ≤ 200 °CAs such, T1 ≤ Tf – 20 and Tf ≤ 200 °C; Which yields T1 ≤ 200 – 20 to T1 ≤ 50 – 20, T1 ≤ 180As such, T1 (≤ 30 °C – 180 °C) < Tf (≤ 200 °C).Tg (– 80 °C to – 10 °C) < T1 (≤ 30 °C – 180 °C), As such, T1 is higher than a glass transition (Tg) of the binder resin.Noting, that while values are not required they are used to show that the desired relationships i.e, Tg < T1, etc.
Regarding claim 4 as applied to claim 1,
Further comprising, after the second heating step, a cooling step of cooling the heated record medium.
Yamada teaches the following:
([0057]) teaches that the heater for heating the medium 200 is, for example, an oven. ([0073]) teaches that when the media was observed after foaming was measured using a Mitutoyo Digimatic Indicator it was measured and found to have a sufficient value for a three-dimensional shape. As such, after foaming the article is understood to be removed from the oven for further testing. Accordingly, during removing and further testing, the foamed media is understood to undergo a cooling step of cooling the heated record medium. Accordingly, it would have been obvious to one of ordinary skill in the art to remove the foamed media from the oven after a second heat treatment and provided a cooling step that was completed in order to have a usable and testable foamed media product.
Regarding claim 5 as applied to claim 1,
Wherein the foaming material is a foaming particle including a shell layer containing a thermoplastic resin and a volatile material sealed in the shell layer
Yamada teaches the following:
([0018]) teaches that a first step of preparing a medium having a foam layer in which a foam having microcapsules, and a volatile material encapsulated in the microcapsules is dispersed and which foams when heated and the volatile material evaporates. ([0031]) teaches that the foam 22B is composed of microcapsules made of a thermoplastic resin and a volatile organic material encapsulated in the microcapsules.
Regarding claim 6 as applied to claim 5,
Wherein the thermoplastic resin contains a polyacrylonitrile copolymer.
Yamada teaches the following:
([0033]) teaches that examples of the thermoplastic resin constituting the microcapsules of the foam 22B include vinylidene chloride-acrylonitrile copolymers, acrylonitrile copolymers, acrylic acid ester copolymers, and methacrylic acid ester copolymers.
Regarding claim 7 as applied to claim 5,
Wherein the volatile material is isobutane.
Yamada teaches the following:
([0032]) teaches that volatile organic materials encapsulated in the microcapsules of foam 22B include organic solvents that are generally used as volatile solvents, such as petroleum ether, hydrocarbons (isobutane, pentane, hexane, heptane, etc.), low-boiling point halogenated hydrocarbons, and methylsilane.
Regarding claim 8 – 10 as applied to claim 1, claim 8 and claim 8 respectively,
Wherein the foaming control liquid is a foaming promotion liquid containing a foaming promotion component for decreasing a foaming start temperature of the foaming material.
Wherein the foaming promotion component is at least one member selected from the group consisting of 2-pyrrolidone, dimethylsulfoxide, N,N-dimethylformamide, and N-methyl-2-pyrrolidone.
Wherein Tf is higher than a foaming start temperature Tf' of the foaming material acted upon by the foaming promotion component.
Yamada teaches the following:
, 9a.) & 10a.) ([0058]) teaches that the carbon black is a material that promotes foaming rather than inhibits foaming and is therefore different from a foam-inhibiting material. ([0014]) teaches that the second material may include at least one of 2-pyrrolidone, N-formylmorpholine, γ-butyrolactone, ε-caprolactone, and propylene carbonate. As such, the use of a carbon black, a material that promotes foaming, and the use of 2-pyrrolidone is understood to be disclosed as used in concurrence together. Highlighting, that the use of known material specifically 2-pyrrolidone, in a known environment, i.e., foaming materials for its intended use namely, for the promotion of foaming is understood provide the same properties when applied. Accordingly, the case law substantially identical process and structure may be recited. Where, it has been held that where the claimed and prior art products are identical or substantially identical in structure or are produced by identical or a substantially identical processes, a prima facie case of either anticipation or obviousness will be considered to have been established over functional limitations that stem from the claimed structure. In re Best, 195 USPQ 430, 433 (CCPA 1977), In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). The prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed products. In re Best, 195 USPQ 430, 433 (CCPA 1977), MPEP 2144.
Regarding claim 12 as applied to claim 1,
Wherein the foaming control liquid application step is performed immediately after the first heating step.
Yamada teaches the following:
([0024]) teaches as shown in (Fig. 1), a medium having a foam layer is prepared (step S11), which comprises the heating step of heating a record medium including a substrate and a foaming layer that is disposed on the substrateby extrusion melt lamination which is then followed by an expansion-inhibiting ink that inhibits foaming of the foam layer is applied to the medium (step S12). As such, the foaming control liquid application step is performed immediately after the first heating step.
Regarding claim 13 as applied to claim 1,
herein T0 is a room temperature.
Yamada teaches the following:
([0038]) teaches that the medium 20 is formed, for example, by coating the base material 21 with a paint that will become the foam layer 22 after drying. Additionally, the medium 20 may be formed by extrusion melt lamination, in which a master badge is created using a thermoplastic resin as the base polymer, the master badge is extruded from a single-screw extrusion kneader through a T-die into a sheet, and then laminated directly onto the substrate 21.As such, the surface temperature of the painting step / coating is understood to transpire at room temperature T0 = 25 °C. Similarly, the surface temperature of the substate prior to the extrusion which is similarly understood to transpire at room temperature T0 = 25 °C (the substrate at room temperature prior to having the molten resin extruded directly onto the substrate thus heating the substrate).
Regarding claim 14 as applied to claim 1,
Wherein T1 is 35°C or higher.
Yamada teaches the following:
([0034]) teaches that the foaming temperature is preferably at least 20 °C higher than the temperature at which the medium 20 is formed (drying or extrusion). This makes it possible to prevent unintended foaming from occurring when the medium 20 is formed. As such, the forming temperature (T1) is understood to be a result effective variable.Accordingly, the drying and/or extrusion temperature T1 is understood to satisfy T1 ≤ Tf – 20. Additionally, ([0057]) teaches the heating temperature and heating time are determined depending on the foaming temperature, etc., but for example, heating is performed at 200 °C for 90 seconds. As such, the foaming temperature (Tf) is 200 °C and thus the surface temperature (T2) of the record medium after being heated in the second heating step is also understood to be 200 °C, i.e. T2 = 200 °C).Accordingly, T1 ≤ Tf – 20 with Tf = 200 °C yields T1 ≤ 180 °C.Thus, with T1 ≤ 180 °C and T2 = 200 °C, provides for T1 (≤ 180 °C) < T2 (= 200 °C). Which satisfies applicant formula and limitation of T1 < T2.Where a value of T1 ≤ 180 °C is understood to overlap with applicant’s claimed range for T1 of 35°C or higher.
Regarding claim 15 as applied to claim 1,
Wherein Tf is 80 °C or higher and 100 °C or lower.
Yamada teaches the following:
([0034]) teaches that the foaming temperature is preferably at least 20 °C higher than the temperature at which the medium 20 is formed (drying or extrusion). This makes it possible to prevent unintended foaming from occurring when the medium 20 is formed. As such, the forming temperature (T1) is understood to be a result effective variable.Accordingly, the drying and/or extrusion temperature T1 is understood to satisfy T1 ≤ Tf – 20. Additionally, ([0057]) teaches the heating temperature and heating time are determined depending on the foaming temperature, etc., but for example, heating is performed at 200 °C for 90 seconds. ([0034]) expands on this noting that It is preferable to use a foam 22B having a foaming temperature of 200° C. or less. As such, the foaming temperature (Tf) is 200 °C or less and thus the surface temperature (T2) of the record medium after being heated in the second heating step is also understood to be 200 °C or less, i.e. T2 = 200 °C or less.Accordingly, T1 ≤ Tf – 20 with Tf = 200 °C yields T1 ≤ 180 °C.Thus, with T1 ≤ 180 °C and T2 = 200 °C , provides for T1 (≤ 180 °C) < T2 (= 200 °C). Which satisfies applicant formula and limitation of T1 < T2.Where a value of Tf ≤ 200 °C (200 °C or less) is understood to overlap with applicant’s claimed range for Tf of between 80 °C to 100 °C.
Regarding claim 16 as applied to claim 2,
Wherein T2 is 88 °C or higher.
Yamada teaches the following:
([0034]) teaches that the foaming temperature is preferably at least 20 °C higher than the temperature at which the medium 20 is formed (drying or extrusion). This makes it possible to prevent unintended foaming from occurring when the medium 20 is formed. As such, the forming temperature (T1) is understood to be a result effective variable.Accordingly, the drying and/or extrusion temperature T1 is understood to satisfy T1 ≤ Tf – 20. Additionally, ([0057]) teaches the heating temperature and heating time are determined depending on the foaming temperature, etc., but for example, heating is performed at 200 °C for 90 seconds. ([0034]) expands on this noting that It is preferable to use a foam 22B having a foaming temperature of 200° C. or less,,As such, the foaming temperature (Tf) is 200 °C or less and thus the surface temperature (T2) of the record medium after being heated in the second heating step is also understood to be 200 °C or less, i.e. T2 = 200 °C or less.Accordingly, T1 ≤ Tf – 20 with Tf = 200 °C yields T1 ≤ 180 °C.Thus, with T1 ≤ 180 °C and T2 = 200 °C , provides for T1 (≤ 180 °C) < T2 (= 200 °C). Which satisfies applicant formula and limitation of T1 < T2.Where a value of Tf ≤ 200 °C or less is understood to overlap with applicant’s claimed range for Tf of between 80 °C to 100 °C..Where a value of T2 ≤ 200 °C (200 °C or less) is understood to overlap with applicant’s claimed range for T2 of 88 °C or higher.
B.) Claim(s) 3, is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamada and in further view of Misuda et al. (US 6670000 B1, hereinafter Misuda)Regarding claim 3 as applied to claim 1,
Wherein T1 is higher than a glass transition temperature Tg of the binder resin.
Yamada teaches the following:
([0029]) teaches that the thermoplastic resin 22A may be a polyolefin resin (polyethylene, polypropylene, polyethylene-vinyl acetate copolymer, etc.), polyvinyl chloride, polyurethane, acrylic, etc. Where the Tg of polyethylene is around – 80 °C and the polypropylene is around – 10 °C to – 20 °C. As such, a Tg range of – 80 °C to – 10 °C is understood to be disclosed.
Regarding Claim 3, Yamada teaching using several types of coating techniques including a bar coater, ([0081]) amongst others ([0038]). If Yamada is considered silent on the T1 is higher than a glass transition temperature Tg of the binder resin. In analogous art for A recording medium comprises a porous outermost layer on a substrate, the porous outermost layer containing a particulate thermoplastic resin, (Abstract), Misuda suggests details regarding the thermoplastic resin constituting acrylonitrile copolymers amongst other materials, and in this regard, Misuda teaches the following:
(Col. 3, lines 35 – 55 & Col. 4, lines 40 – 45) teaches that a the particulate thermoplastic resin has a minimum film-forming temperature (MFT) of 50 °C or higher for ease of formation of a porous layer containing a thermoplastic resin. The particulate thermoplastic resin preferably has a minimum film-forming temperature (MFT) higher by 10 °C. or more than the glass transition temperature (Tg), more preferably by 20 °C. or more, still more preferably by 30° C. for ease of the heat treatment. On the other hand, the particulate thermoplastic resin preferably has a minimum film-forming temperature (MFT) not higher than 150 °C. for ease of non-porosity treatment after printing. (Abstract) teaches that the difference of glass transition temperature of the particulate thermoplastic resin from minimum film-forming temperature thereof may be not less than 10 °C. Highlighting, (Col. 9, lines 35 — 45) teaches an Examples 3 – 6 in which the binder is applied in the same fashion as was done in Example 1, (See Col. 7, lines 55 – 65), namely, with a bar coater with a tailored MFT. As detailed, Examples 3 – 6 are provided with a MFT of no lower than 50 °C and higher by 10 °C or more than the (Tg). As such, this give Examples 3 – 6 a minimum (Tg) of 40 °C or lower (i.e., 10 °C less than the minimum MFT of 50° C). Where a (Tg) of 40 °C or lower is understood to be lower than the drying / extrusion temperature (T1) utilized in Example 1 of at 65 °C. As such, the drying temperature (T1) is understood to be higher than a glass transition (Tg) of 40 °C or lower for a MFT of 50 °C.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for manufacturing a foam control ink contains a foam suppression material for suppressing foaming of a foam layer by heating in a step when the ink is applied to media compared to the case without application, of Yamada. By modifying the binder resin to comprise a T1 is higher than a glass transition temperature Tg of the binder resin, as taught by Misuda. Highlighting, one would be motivated to implement a first processing temperature T1 for a binder resin that is higher than a glass transition temperature Tg of the binder resin as it provides for facilitate the fusion-bonding, (Col. 4, lines 40 – 45). Accordingly, the use of known technique to improve similar devices (methods, or products) in the same way and/or the application of a known technique to a known device (method, or product) ready for improvement to yield predictable results provides for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143.
C.) Claim(s) 6, is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamada and in further view of Komatsu Hidehiko (JP 2013049786 A, hereinafter Hidehiko)Regarding claim 6 as applied to claim 5,
Wherein the thermoplastic resin contains a polyacrylonitrile copolymer.
Yamada teaches the following:
([0033]) teaches that examples of the thermoplastic resin constituting the microcapsules of the foam 22B include vinylidene chloride-acrylonitrile copolymers, acrylonitrile copolymers, acrylic acid ester copolymers, and methacrylic acid ester copolymers
Regarding Claim 6, should Yamada’s acrylonitrile copolymers not be considered to include a polyacrylonitrile copolymer. In analogous art for an image having excellent abrasion resistance, high color development, and reduced density unevenness when recorded on any recording medium having ink absorbability, low ink absorbability, and non-ink absorbability, (Abstract), Hidehiko suggests details regarding the thermoplastic resin constituting acrylonitrile copolymers amongst other materials, and in this regard, Hidehiko teaches the following:
([0039]) teaches that resins may be used as homopolymers or copolymers and may be used as either a single-phase structure or as a multi-phase structure (core-shell type). More specific examples include polyacrylonitrile or copolymers thereof, amongst others known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for manufacturing a foam control ink contains a foam suppression material for suppressing foaming of a foam layer by heating in a step when the ink is applied to media compared to the case without application, of Yamada. By modifying the thermoplastic material to comprise acrylonitrile copolymers amongst other materials, as taught by Hidehiko. Highlighting, one would be motivated to implement a thermoplastic material to comprise acrylonitrile copolymers as it provides for improving the fixability and abrasion resistance of the colorant to the recording medium, ([0039]). Accordingly, the use of a known material, namely polyacrylonitrile copolymers, in a known environment, namely Where, the selection of a known material based on its suitability for its intended use as core-shell type in a known environment i.e., a recording medium provides for the recitation of known material in the art case law. Where, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), MPEP 2144.07.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smarook et al. (US 3919380 A) – teaches in the (Abstract) an improved process for expanding the cross-section of a blank of thermoformable material when the thermoformable material contains residual stresses and associated frozen-in-strains which comprises annealing the blank to remove such stresses and strains therefrom prior to the expansion of the blank.
Williams Jacobs (US 3238565 A) – teaches in the (Abstract) a that this invention relates to an apparatus for continuously producing flatware articles from continuous lengths of foamed thermoplastic sheet and more particularly relates to a method and apparatus for foaming flatware articles from thermoplastic sheets directly as they are received from a sheeting extruder. Still more particularly, this invention relates to a machine for converting thermoplastic materials in bulk form into formed flatware articles.
Saito et al. (US 5930570 A) – teaches in the (Abstract) There are disclosed a foamed rotary member having a surface of a foam, and a large number of cells provided in the foam and each having a prolate spheroid shape, wherein the major axis direction of the cell is along the rotation axis direction, and also a developing device using the foamed rotary member as a toner supplying rotary member.
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/Andrés E. Behrens Jr./Examiner, Art Unit 1741
/JaMel M Nelson/Primary Examiner, Art Unit 1743
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