Prosecution Insights
Last updated: April 19, 2026
Application No. 18/423,390

Ink Set And Recording Method

Final Rejection §103
Filed
Jan 26, 2024
Examiner
LIU, KENDRICK X
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Seiko Epson Corporation
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
93%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
690 granted / 885 resolved
+10.0% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
32 currently pending
Career history
917
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
25.7%
-14.3% vs TC avg
§112
16.0%
-24.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 885 resolved cases

Office Action

§103
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 . Response to Amendment Applicant’s Amendment filed on 12/16/2025 regarding claims 12/16/2025 is fully considered. Of the above claims, claims 1, 6, 7, 9 and 13 have been amended. Response to Arguments Applicant’s arguments with respect to claim(s) 1-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Objections Claims 1 and 4 are objected to because of the following informalities: Regarding claim 1, the recitations of “a pigment” in line 5, “a color material” in line 5, “an aqueous ink” in lines 7-8, “a dispersant resin” in lines 19-20, “a water-soluble resin” in line 29, “a maleic acid resin” in line 30, “an acrylic resin” in line 30 and “a urethane water-soluble resin” in line 30 refer to previously recited limitations. Regarding claim 4, the recitation of “a water-soluble resin” in line 2 refers to a previously recited limitation. Appropriate correction is required. 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. Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanoue et al. (US 2008/0022887 A1) in view of Ishida (US 2020/0276827 A1). Regarding claim 1, Tanoue et al. teach an ink set (the present invention includes an ink set; [0059], [0154], [0160]) comprising: a first ink composition that contains a pigment as a color material, is a thick ink (a black ink composition used in recording a phase shift occurrence region is usually an intermediate gradation black ink composition having carbon black at an amount of not less than 0.4% by weight and not more than 1.5% by weight relative to a total weight of the black ink composition; [0066]), and is an aqueous ink (aqueous ink composition; [0060], [0129]; it is preferable that carbon black is added to an ink composition, for example, as a pigment dispersion solution in which carbon black is dispersed in an aqueous medium with a dispersant; [0131]); and a second ink composition that contains a pigment as a color material, is a thin ink in a similar color to that of the first ink composition (a black ink composition used in recording the GG occurrence region is usually a black ink composition of a relatively low concentration having carbon black at an amount of less than 0.4% by weight relative to a total weight of the black ink composition; [0068]), and is an aqueous ink (aqueous ink composition; [0060], [0129]; it is preferable that carbon black is added to an ink composition, for example, as a pigment dispersion solution in which carbon black is dispersed in an aqueous medium with a dispersant; [0131]), wherein a content of the pigment contained in the second ink composition is less than a content of the pigment contained in the first ink composition (content of carbon black in the second black ink composition being less than 0.4% is less than content of carbon black in the first black ink composition being between 0.4% and 1.5%; [0066]-[0068]), the pigment contained in the second ink composition is dispersed with a dispersant resin (in the black ink composition of the present invention, it is preferable that carbon black is added to an ink composition, for example, as a pigment dispersion solution in which carbon black is dispersed in an aqueous medium with a dispersant; [0131]-[0135]), the pigment contained in the first ink composition is dispersed with a dispersant resin (in the black ink composition of the present invention, it is preferable that carbon black is added to an ink composition, for example, as a pigment dispersion solution in which carbon black is dispersed in an aqueous medium with a dispersant; [0131]-[0135]), the second ink composition contains a water-soluble resin (the present black ink composition contains a water-soluble polyurethane resin; [0069]-[0084]), the water-soluble resin is one or more of a maleic acid resin, an acrylic resin, and a urethane water-soluble resin and is present as a solution dissolved in the second ink composition without attaching to the pigment contained in the second ink composition, and is other than the dispersant resin contained in the second ink composition (water-soluble polyurethane resin; [0069]-[0084]), and a content of the water-soluble resin in the second ink composition is greater than a content of a water-soluble resin in the first ink composition that is one or more of a maleic acid resin, an acrylic resin, and a urethane water-soluble resin, and is present as a solution dissolved in the first ink composition without attaching to the pigment contained in the first ink composition, and is other than the dispersant resin contained in the first ink composition (particularly, in the first black ink composition, it is preferable that a solid matter of the water-soluble polyurethane resin is not less than 0.2% by weight and not more than 4% by weight; [0080]; in addition, in the second black ink composition, it is preferable that a solid matter of the water-soluble polyurethane resin is not less than 1% by weight and not more than 10% by weight; [0081]; 1% being 5 times greater than 0.2%). Further regarding claim 1, Tanoue et al. do not teach a process liquid containing a flocculant, when the second ink composition and a 5 mass% aqueous solution of calcium propionate are mixed at a mass ratio of [mass of second ink composition : mass of 5 mass% aqueous solution = 10:1], a viscosity increasing rate of the second ink composition is 2.2 times or more. Further regarding claim 1, Ishida teaches a process liquid containing a flocculant (the treatment liquid contains a coagulant as a component to increase the viscosity of an ink composition; [0043]-[0050]); when an ink composition and a 5 mass% aqueous solution of calcium propionate are mixed at a mass ratio of [mass of ink composition : mass of 5 mass% aqueous solution = 10:1], a viscosity increases (examples of the coagulant include, but are not limited to, polyvalent metal salts, organic acids, and cationic resins; [0044]-[0050]; calcium propionate; [0112]; treatment liquid 1; TABLE 1; the coagulant content may range from 1 to 15 parts by mass, 2 to 10 parts by mass, or 3 to 7 parts by mass per 100 parts by mass of the treatment liquid; [0046]; the amount of treatment liquid deposited may range from 5% to 70% by mass, 10% to 50% by mass, or 10% to 40% by mass of the total amount of coloring ink deposited in the same region; [0067]; the amount of treatment liquid deposited was 10% by mass of the total amount of ink deposited; [0133]) for the purpose of controlling the spreading of ink dots on a recording medium. One of ordinary skill would have known that the mixing of a composition and a solution having the same ingredients as the claimed invention would predictably result in a same viscosity increasing rate of the composition, that is, a rate of 2.2 times or more. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate a process liquid containing a flocculant, when the second ink composition and a 5 mass% aqueous solution of calcium propionate are mixed at a mass ratio of [mass of second ink composition : mass of 5 mass% aqueous solution = 10:1], a viscosity increasing rate of the second ink composition is 2.2 times or more, as taught by Ishida, into Tanoue et al. for the purpose of controlling the spreading of ink dots on a recording medium. Regarding claim 2, Tanoue et al. do not teach when the first ink composition and a 5 mass% aqueous solution of calcium propionate are mixed at a mass ratio of "the former : the latter = 10 : 1", a viscosity increasing rate of the former is 2.2 times or more. Further regarding claim 2, Ishida teaches when the ink composition and a 5 mass% aqueous solution of calcium propionate are mixed at a mass ratio of "the former : the latter = 10 : 1", a viscosity increases (examples of the coagulant include, but are not limited to, polyvalent metal salts, organic acids, and cationic resins; [0044]-[0050]; calcium propionate; [0112]; treatment liquid 1; TABLE 1; the coagulant content may range from 1 to 15 parts by mass, 2 to 10 parts by mass, or 3 to 7 parts by mass per 100 parts by mass of the treatment liquid; [0046]; the amount of treatment liquid deposited may range from 5% to 70% by mass, 10% to 50% by mass, or 10% to 40% by mass of the total amount of coloring ink deposited in the same region; [0067]; the amount of treatment liquid deposited was 10% by mass of the total amount of ink deposited; [0133]) for the purpose of controlling the spreading of ink dots on a recording medium. One of ordinary skill would have known that the mixing of a composition and a solution having the same ingredients as the claimed invention would predictably result in a same viscosity increasing rate of the composition, that is, a rate of 2.2 times or more. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate when the first ink composition and a 5 mass% aqueous solution of calcium propionate are mixed at a mass ratio of "the former : the latter = 10 : 1", a viscosity increasing rate of the former is 2.2 times or more, as taught by Ishida, into Tanoue et al. for the purpose of controlling the spreading of ink dots on a recording medium. Regarding claim 3, one of ordinary skill would have known that the mixing of a composition and a solution having the same ingredients as the claimed invention would predictably result in a same viscosity increasing rate of the composition, that is, a rate of 2.2 times or more and 5 times or less. Regarding claim 4, Tanoue et al. teach the second ink composition contains a water-soluble resin, and a content of the water-soluble resin is 1 mass% or less based on the total mass of the second ink composition (in addition, in the second black ink composition, it is preferable that a solid matter of the water-soluble polyurethane resin is not less than 1% by weight and not more than 10% by weight; [0081]). Regarding claim 5, Tanoue et al. teach the first ink composition contains the water-soluble resin that is one or more of the maleic acid resin, the acrylic resin, and the urethane water-soluble resin and is present as a solution dissolved in the first ink composition without attaching to the pigment contained in the first ink composition and is other than the dispersant resin contained in the first ink composition (particularly, in the first black ink composition, it is preferable that a solid matter of the water-soluble polyurethane resin is not less than 0.2% by weight and not more than 4% by weight; [0080]). Regarding claim 6, Tanoue et al. do not teach wherein the flocculant is selected from a polyvalent metal salt, an organic acid, and a cationic resin. Further regarding claim 6, Ishida teaches the flocculant is selected from a polyvalent metal salt, an organic acid, and a cationic resin (examples of the coagulant include, but are not limited to, polyvalent metal salts, organic acids, and cationic resins [0044]) for the purpose of selecting from known materials to control the spreading of ink dots on a recording medium. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the flocculant is selected from a polyvalent metal salt, an organic acid, and a cationic resin, as taught by Ishida, into Tanoue et al. for the purpose of selecting from known materials to control the spreading of ink dots on a recording medium. Regarding claim 7, Tanoue et al. do not teach wherein the water-soluble resin contained in the second ink composition is subjected to aggregation effect of the flocculant. Further regarding claim 7, Ishida teaches the water-soluble resin contained in the second ink composition is subjected to aggregation effect of the flocculant (the treatment liquid contains a coagulant as a component to increase the viscosity of an ink composition; [0043]-[0050]); when an ink composition and a 5 mass% aqueous solution of calcium propionate are mixed at a mass ratio of [mass of ink composition : mass of 5 mass% aqueous solution = 10:1], a viscosity increases (examples of the coagulant include, but are not limited to, polyvalent metal salts, organic acids, and cationic resins; [0044]-[0050]; calcium propionate; [0112]; treatment liquid 1; TABLE 1; the coagulant content may range from 1 to 15 parts by mass, 2 to 10 parts by mass, or 3 to 7 parts by mass per 100 parts by mass of the treatment liquid; [0046]; the amount of treatment liquid deposited may range from 5% to 70% by mass, 10% to 50% by mass, or 10% to 40% by mass of the total amount of coloring ink deposited in the same region; [0067]; the amount of treatment liquid deposited was 10% by mass of the total amount of ink deposited; [0133]) for the purpose of controlling the spreading of ink dots on a recording medium. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the water-soluble resin contained in the second ink composition is subjected to aggregation effect of the flocculant, as taught by Ishida, into Tanoue et al. for the purpose of controlling the spreading of ink dots on a recording medium. Regarding claim 8, Tanoue et al. teach wherein the first ink composition and the second ink composition further include a resin particle, and the resin particle is a resin that is not subjected aggregation effect of the flocculant (the black ink composition of the present invention may contain a fine particle emulsion; [0085]-[0106]). Regarding claim 9, Tanoue et al. teach a recording method for recording on a recording medium using the ink set (recording method; [0059], [0255]-[0256], [0260]-[0261], [0282], [0285]), the method comprising: a first ink adhesion step of allowing the first ink composition to adhere to the recording medium (outputting was performed by distributing a discharge amount of each ink; [0256]; that is, the first black ink composition); and a second ink adhesion step of allowing the second ink composition to adhere to the recording medium (outputting was performed by distributing a discharge amount of each ink; [0256]; that is, the second black ink composition). Further regarding claim 9, Tanoue et al. do not teach a process liquid adhesion step of allowing the process liquid to adhere to the recording medium. Further regarding claim 9, Ishida teaches a process liquid adhesion step of allowing the process liquid to adhere to the recording medium (treatment liquid deposition step; [0042]) for the purpose of controlling the spreading of ink dots on a recording medium. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate a process liquid adhesion step of allowing the process liquid to adhere to the recording medium, as taught by Ishida, into Tanoue et al. for the purpose of controlling the spreading of ink dots on a recording medium. Regarding claim 10, Tanoue et al. do not teach wherein in the first ink adhesion step and the second ink adhesion step, the recording medium has a surface temperature of 35°C or less. Further regarding claim 10, Ishida teaches in the first ink adhesion step and the second ink adhesion step, the recording medium has a surface temperature of 35°C or less (in the ink deposition step, a recording medium may have a surface temperature of 45°C or less, 40°C or less, 38°C or less, or 35°C or less; [0068]) for the purpose of improving filling and further improving image quality. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein in the first ink adhesion step and the second ink adhesion step, the recording medium has a surface temperature of 35°C or less, as taught by Ishida, into Tanoue et al. for the purpose of improving filling and further improving image quality. Regarding claim 11, Tanoue et al. do not teach wherein the first ink adhesion step and the second ink adhesion step include a primary drying step. Further regarding claim 11, Ishida teaches the first ink adhesion step and the second ink adhesion step include a primary drying step (the first heating unit 30a can heat a recording medium before the deposition of a treatment liquid or an ink composition or can immediately dry a treatment liquid or ink composition deposited; [0037]) for the purpose of controlling the time to pin the ink dots. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the first ink adhesion step and the second ink adhesion step include a primary drying step, as taught by Ishida, into Tanoue et al. for the purpose of controlling the time to pin the ink dots. Regarding claim 12, Tanoue et al. do not teach wherein the primary drying step includes an air-blowing step. Further regarding claim 12, Ishida teaches the primary drying step includes an air-blowing step (the heating unit may be a conductive heating unit, which transfers heat from a member in contact with a recording medium to the recording medium, a radiant heating unit, which exposes a recording medium to heat-producing radiation, such as infrared radiation, or a blower heating unit, which supplies hot air to a recording medium; [0037]) for the purpose of selecting a drying mechanism to optimize drying. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the primary drying step includes an air-blowing step, as taught by Ishida, into Tanoue et al. for the purpose of selecting a drying mechanism to optimize drying. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanoue et al. (US 2008/0022887 A1) as modified by Ishida (US 2020/0276827 A1) as applied to claim 9 above, and further in view of Ono et al. (US 6,299,675 B1). Regarding claim 13, Tanoue et al. as modified by Ishida do not teach wherein the first ink adhesion step and the second ink adhesion step are performed by discharging an ink from an ink jet head and allowing the ink to adhere to the recording medium; recording is performed by main scanning for discharging an ink from the ink jet head a plurality of times, while moving a relative position between the ink jet head and the recording medium; and the number of times of the main scanning for allowing an ink to adhere to the same recording area of the recording medium by the scanning is nine or less. Further regarding claim 13, Ono et al. teach a first ink adhesion step and a second ink adhesion step are performed by discharging an ink from an ink jet head and allowing the ink to adhere to a recording medium (recording head 65; FIG. 4); recording is performed by scanning for discharging an ink from the ink jet head a plurality of times, while moving a relative position between the ink jet head and the recording medium (carriage 66; FIG. 4); and the number of times of the main scanning for allowing an ink to adhere to the same recording area of the recording medium by the scanning is nine or less (after one scan, the ink is allowed to adhered to the recording medium) for the purpose using a recording technique capable of providing images having high water fastness in the formation of color images on plain paper. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the first ink adhesion step and the second ink adhesion step are performed by discharging an ink from an ink jet head and allowing the ink to adhere to the recording medium; recording is performed by main scanning for discharging an ink from the ink jet head a plurality of times, while moving a relative position between the ink jet head and the recording medium; and the number of times of the main scanning for allowing an ink to adhere to the same recording area of the recording medium by the scanning is nine or less, as taught by Ono et al., into Tanoue et al. as modified by Ishida for the purpose using a recording technique capable of providing images having high water fastness in the formation of color images on plain paper. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENDRICK X LIU whose telephone number is (571)270-3798. The examiner can normally be reached MWFSa 10am-8pm. 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, Douglas X Rodriguez can be reached at (571) 431-0716. 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. 9 February 2026 /KENDRICK X LIU/Examiner, Art Unit 2853 /DOUGLAS X RODRIGUEZ/Supervisory Patent Examiner, Art Unit 2853
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Prosecution Timeline

Jan 26, 2024
Application Filed
Sep 23, 2025
Non-Final Rejection — §103
Dec 16, 2025
Response Filed
Feb 09, 2026
Final Rejection — §103 (current)

Precedent Cases

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
93%
With Interview (+15.4%)
2y 8m
Median Time to Grant
Moderate
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