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 with traverse of Group I, and Sub-Species VII in Species Group I and Sub-Species III in Species Group II, in the reply filed on June 9, 2026, is acknowledged. The traversal is on the grounds that the search and examination can be conducted without serious burden. This is not found persuasive because, as set forth in the Restriction Requirement of March 11, 2026, the product of claims 1-14 can be used to make a materially different product, wherein pigment ink or an image are not formed on the fabric. Additionally, the inventions have acquired a separate status in the art in view of their different classification.
The requirement is still deemed proper and is therefore made FINAL.
Claims 15 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub. No. 2020/0123701 to Okada in view of USPN 10,501,653 to Ishida.
Regarding claims 1-14, Okada teaches a treatment solution composition applied to fabric and used in ink jet textile printing, containing a cationic compound, betaine, and water (Okada, Abstract, paragraphs 0005-0029). Okada teaches that the cationic compound is preferably a polyvalent metal salt (Id., paragraph 0020) and that the betaine is preferably trimethylglycine (Id., paragraphs 0058-0059). Okada teaches that the water is blended in a polymer resin emulsion (Id., paragraphs 0071-0080). Okada teaches that a surfactant may be added to the treatment solution (Id., paragraph 0082). Okada teaches mixing the components of the treatment solution (Id., paragraph 0100), and applying a pigment to the fabric provided with the treatment solution (Id., claims 13-15).
Okada teaches that other components and various additives may be added to the treatment solution (Okada, paragraph 0093). Okada does not appear to teach the claimed cross-linking agent. However, Ishida teaches a similar pretreatment liquid for use in ink jet pigment textile printing, containing at least one of a resin dispersion and a cross-linker, and water (Ishida, Abstract). Ishida teaches that it is difficult to improve fastness only with an ink composition, but the use of a pretreatment liquid containing a cross-linker is effective in improving friction fastness (Id., column 1 lines 36-42, column 15 lines 8-18, column 24 lines 32-62). Ishida teaches that the liquid may further contain a cationic compound, such as polyvalent metal salts (Id., column 2 lines 3-12) and a surfactant (Id., column 19 line 65 to column 21 line 10). Ishida teaches that the cross-linker may be a compound having a plurality of oxazoline groups (Id., column 15 lines 19-32). Ishida teaches that the cross-linking group of the cross-linker reacts with a hydroxy group of cellulose of a cotton textile, thereby reinforcing the scaffold, improving the adhesiveness of the pigment, and enhancing the wet friction fastness of ink (Id., column 15 lines 8-18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the treatment solution of Okada, and including a cross-linker having oxazoline groups, as taught by Ishida, motivated by the desire of forming a conventional treatment solution which predictably improves adhesiveness of pigment and enhances the friction fastness of ink.
Note that since the prior art combination teaches each of the claimed water, polyvalent metal salt, polymer, surfactant, amino acid, and cross-linking agent mixed, the prior art combination teaches the claimed first and second compositions.
Regarding claims 5, 6, 12, and 13, Okada teaches that the content of betaine in the treatment solution is preferably 5.0% by mass or more and preferably 20% by mass or less with respect to the total mass of the treatment solution (Okada, paragraphs 0065-0066). Okada teaches that the content of the cationic compound is preferably 0.1% by ass to 40% by mass with respect to the total mass of the treatment solution (Id., paragraph 0056). Ishida teaches that the cross-linker content of the pretreatment liquid is not particularly limited, and the upper limit of the cross-linker solid content is preferably 10% or less by mass of the total mass of the pretreatment liquid (Ishida column 15 lines 42-56). Okada and Ishida teach that the content of the resin in the treatment solution in terms of solid matter is preferably 1% by mass to 20% by mass with respect to the total mass of the treatment solution (Okada, paragraph 0080; Ishida, column 14 line 57 to column 15 line 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the treatment solution of the prior art combination, and adjusting and varying the amounts of betaine and cross-linker, such as within the claimed ranges, as taught by Okada and Ishida, motivated by the desire of forming a conventional treatment solution having predictably suitable amounts based on the totality of the teachings of the prior art.
Regarding claims 8-13, as set forth above, the prior art combination teaches each of the claimed water, polyvalent metal salt, polymer, surfactant, amino acid, and cross-linking agent, which are mixed. Alternatively, in the event it is shown that the compositions are required to be separated, one of ordinary skill would recognize that the components may be separated as desired, as the prior art teaches the desired amounts of each and mixing the components prior to treatment. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the treatment solution of the prior art combination, wherein the components are separated into the claimed first and second compositions prior to mixing, as it is within the level of ordinary skill to prepare the components in suitable compositions for storage prior to mixing as set forth in the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER Y CHOI whose telephone number is (571)272-6730. The examiner can normally be reached M-F 9:00 AM - 3:00 PM.
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/PETER Y CHOI/ Primary Examiner, Art Unit 1786
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