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 .
Claim Analysis
Summary of Claim 1:
An aqueous ink for ink jet comprising:
pigments;
a urethane resin; and
a silicone-based surfactant,
wherein the pigments include a first pigment and a second pigment,
the first pigment is a naphthol AS-based azo pigment and
the second pigment is a quinacridone-based pigment,
wherein the urethane resin is a water-soluble urethane resin having a unit derived from a polyisocyanate, a unit derived from a polyol having no acid group and a unit derived from a polyol having an acid group, and
wherein the silicone-based surfactant is at least one kind selected from the group consisting of compounds represented by the following respective general formulae (1) to (3), has a weight-average molecular weight of 800 or more to 10,000 or less and has an HLB value measured by Griffin's method of 4 or more:
PNG
media_image1.png
108
578
media_image1.png
Greyscale
in the general formula (1), R1 represents an alkylene group, R2 represents a hydrogen atom or an alkyl group, "m" and "n" each independently represent an integer of 1 or more and "a" and "b" each independently represent an integer of 0 or more but do not simultaneously represent 0;
PNG
media_image2.png
102
610
media_image2.png
Greyscale
in the general formula (2), R3 represents an alkylene group, R4 represents a hydrogen atom or an alkyl group, "p" represents an integer of 1 or more and "c" and "d" each independently represent an integer of 0 or more but do not simultaneously represent 0;
PNG
media_image3.png
118
642
media_image3.png
Greyscale
in the general formula (3), R5 represents an alkylene group, R6 represents a hydrogen atom or an alkyl group, "q" and "r" each independently represent an integer of 1 or more and "e" and "f" each independently represent an integer of 0 or more but do not simultaneously represent 0.
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.
Claims 1-8 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koganehira (JP2013087207A) in view of Maeda et al. (US 20210009828 as listed on IDS dated August 2, 2023) and Kagata et al. (US 20180265723).
The examiner refers to the English translation of Takebayashi et al. (JP2013087207A) provided in this Office Action.
PNG
media_image4.png
258
982
media_image4.png
Greyscale
Regarding claim 1, Koganehira disclose an aqueous inkjet ink composition in Example 3 comprising a dispersion comprising a titanium dioxide pigment, a fluorene resin, and a polyorganosiloxane surfactant having the structure in formula (2) shown below:
Wherein R is a hydrogen atom, a is an integer from 7 to 11, m is an integer from 30 to 50, and n is an integer from 3 to 5, thereby lying within the claim general formula (1) wherein R1 is a propylene group, R2 is a hydrogen atom, m is an integer from 30 to 50, and n is an integer from 3 to 5, a is an integer from 7 to 11, and b is 0. (See Table 1 and 5, Machine translation provided below).
PNG
media_image5.png
666
892
media_image5.png
Greyscale
PNG
media_image6.png
302
636
media_image6.png
Greyscale
Koganehira does not teach in Example 3 an aqueous ink for ink jet comprising a pigments that include a first and a second pigment as recited instant claim.
However, Koganehira does broadly teach quinacridone pigments may be added to the composition [0116]. Therefore, it would have been obvious to one of ordinary skill in the art to add the second pigment that is quinacridone as recited in the instant claim to the aqueous ink of Koganehira.
Koganehira is silent on a first pigment that is a napthol AS-based pigment.
Maeda et al. teach a water-based ink for inkjet recording including a quinacridone pigment and an azo pigment including Pigment Red 150 (claim 1). Pigment Red 150 is a naphthol AS-based pigment in view of the instant specification [0043]. Koganehira is also concerned with ink jet ink and teaches azo pigments can be added (claim 1, [0116]). Therefore, it would have been obvious to one of ordinary skill in the art to add the naphthol AS-based pigment and quinacridone-based pigment as taught by Maeda et al. to the aqueous ink of Koganehira because these pigments are commonly found in ink jet ink.
Koganehira is silent on if the fluorene resin used in Example 3 is a urethane resin as recited in the instant claim.
However, Koganehira broadly teaches the fluorene resin can be obtained by reacting a polyol component containing a first diol containing a fluorene skeleton and a second diol having a hydrophilic group wherein the hydrophilic group with a polyisocyanate component containing a polyisocyanate compound [0151-0172]. This reaction is commonly known to form a polyurethane resin and thereby reads on the unit derived from a polyol having no acid group, the unit derived from a polyol having an acid group, and a unit derived from a polyisocyanate, respectively. Therefore, it would have been obvious to one of ordinary skill in the art to use the urethane resin of Koganehira with the aqueous ink of Example 3.
Koganehira is silent on the weight average molecular weight of the silicone-based surfactant as recited in the instant claim.
Kagata et al. teach an ink jet ink comprising a polyether siloxane having a weight average molecular weight of 1000 or more (claim 1), thereby overlapping the claimed range. Kagata et al. teach the polyethyer siloxane has a structure represented by the following formula (I):
PNG
media_image7.png
294
800
media_image7.png
Greyscale
Wherein, x represents a natural number, y , z , m, and n each represent an integer of 0 or more , and x + y equals an integer of 4 or more, which overlaps with the silicone-based surfactant of Koganehira shown above and instant claim 1. Kagata et al. offer the motivation that the silicone-based surfactant having a weight average molecular weight of 1000 or more is able to exhibit sufficient surface activity and thus, the surface tension of the ink jet ink composition is able to be kept low for a long time period [0056]. Koganehira is also concerned with the surface tension of the ink ([0009], [0193]). Therefore, it would have been obvious to one of ordinary skill in the art to add a silicone based surfactant having the weight average molecular weight of Kagata et al. with the aqueous ink of Koganehira with reasonable expectation that the surface tension would improve.
Koganehira is silent on the HLB value of the silicone-based surfactant as measured by Griffin’s method as recited in the instant claim.
However, HLB is dependent on the structure of the molecule. Koganehira in view of Kagata et al. teach a substantially identically silicone-based surfactant as the claimed formula. Therefore, one of ordinary skill in the art would have considered the HLB value to be expected.
Regarding claim 2, Koganehira et al. disclose the aqueous ink of Example 3 comprises 2 parts by mass of the urethane resin and 60 parts by mass of pigment dispersion 5 which comprises 20 parts by mass of titanium dioxide (Table 1 and 5, machine translations provided above), equivalent to an amount 12 parts of titanium dioxide present in the aqueous ink of Example 3 and a mass ratio of a content of the pigments to a content of the urethane resin of 6.00 times and thereby lying within the claimed range of 1.00 times or more.
Regarding claims 3, Koganehira et al. do not teach the mass ratio of the second pigment to the content of the pigments as recited in the instant claim.
Maeda et al. teach a mass ratio of quinacridone pigment to the naphthol AS-based azo pigment is 95:5 to 40:60 (claim 2), equivalent to a mass ratio of 0.95 times to 0.4 times and thereby overlapping the claimed range. Maeda et al. offer the motivation that within this range the balance between the magenta chromaticness and the red chromaticness is good and the recording density is good [0028]. Koganehira et al. is also concerned with color development [0021]. Therefore, it would have been obvious to one of ordinary skill in the art to add the first and second pigment in the mass ratio as taught by Maeda et al. to the aqueous ink of Koganehira et al. with reasonable expectation that the color would improve.
Regarding claims 4, 5, and 6, Koganehira et al. do not teach the pigments as recited in the instant claim.
Maeda et al. teach the first pigment is C.I. Pigment Red 150 (claim 1), thereby reading on instant claims 4 and 5. Maeda et al. also teach the second pigment is a solid solution of C.I. Pigment Red 202 and C.I. Pigment Violet 19 (claim 1). Furthermore, Maeda et al. teach C.I. Pigment Red 122 may also be used [0032], thereby reading on the instant claim 6. Therefore, it would have been obvious to one of ordinary skill in the art to add the C.I. Pigment Red 150 and C.I. Pigment Violet and C.I. Pigment Red 122 as taught by Maeda et al. to the aqueous ink of Koganehira because these pigments are commonly found in ink jet ink.
Regarding claim 7, Koganehira discloses the R2 of the silicone-based surfactant used in Example 3 is a hydrogen atom, not a methyl.
However, the Koganehira teaches in the broad formula of the silicone-based surfactant as shown above in the rejection for claim 1, paragraph 4, R2 can also be a methyl group [0086]. Therefore, it would have been obvious to one of ordinary skill in the art to use the silicone-based surfactant broadly taught by Koganehira.
Regarding claim 8, Koganehira is silent on if the fluorene resin used in Example 3 comprises isophorone diisocyanate as recited in the instant claim.
However, Koganehira broadly teaches isophorone diisocyanate can be used as a polyisocyanate to form the fluorene resin [0165-0168]. Therefore, it would have been obvious to one of ordinary skill in the art to use the isophorone diisocyanate to form the urethane resin as taught by Koganehira.
Regarding claim 12, Koganehira disclose the aqueous ink of Example 3 is filled into ink cartridges [0235], thereby reading on the instant claim.
Regarding claim 13, Koganehira disclose the aqueous ink of Example 3 is ejected from the nozzle holes of the printer to form an image [0235-0246], thereby reading on the instant claim.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Koganehira (JP2013087207A) in view of Maeda et al. (US 20210009828 as listed on IDS dated August 2, 2023) and Kagata et al. (US 20180265723) and in further view of Shiiba et al. (US 10253197 as listed on IDS dated November 20, 2023).
The aqueous ink of claim 1 is incorporated herein by reference.
Regarding claim 9 and 10, Koganehira, Maeda et al., and Kagata et al. are silent on the polyol having no acid group as recited in the instant claim.
Shiiba et al. teach an aqueous ink jet comprising a urethane resin comprising a polyol having no acid group (claim 1). Shiiba et al. teach the polyol having no acid group has a number average molecular weight of 600 or more to 4000 or less, thereby overlapping the claimed range of instant claim 9. Shiiba et al. further teach the polyol having the acid groups is polypropylene glycol [col 9, line 16-58]. Koganehira is also concerned with ink jet ink (claim 1). Therefore, it would have been obvious to one of ordinary skill in the art to add the polyol as taught by Shiiba et al. to the aqueous ink of Koganehira because these polyols are well known in the aqueous ink for ink jets industry.
Regarding claim 11, Koganehira, Maeda et al., and Kagata et al. are silent on the proportion of a unit derived from the polyol having an acid group present at a molecular terminal relative to the whole unit derived from the polyol having an acid group as recited in the instant claim.
Shiiba et al. teach a polyol having an acid group, and a proportion of a unit derived from the polyol having an acid group present at a molecular terminal relative to the whole unit derived from the polyol having an acid group is 30% or less (claim 1). Shiiba et al. offer the motivation that the proportion of a unit derived from the polyol having an acid group present at a molecular terminal within this range results in a pigment layer that is not destroyed by application of a physical force and no stain is caused [col 4, line 24-53]. Koganehira et al. is also concerned with the physical resistance of the aqueous ink [0245]. Therefore, it would have been obvious to one of ordinary skill in the art to add a polyol having an acid group having a proportion of the unit derived from the polyol having an acid group present at a molecular terminal as taught by Shiiba et al. with the aqueous ink of Koganehira et al. with reasonable expectation that the resistance would improve.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREA WU whose telephone number is (571)272-0342. The examiner can normally be reached M F 8 - 5.
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, Joseph Del Sole can be reached at (571) 272-1130. 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.
/ANDREA WU/Examiner, Art Unit 1763
/JOSEPH S DEL SOLE/Supervisory Patent Examiner, Art Unit 1763
Prosecution Insights