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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on 11/6/25, the requirements 35 U.S.C. 119 (a)-(d) are met.
Drawings
The drawings filed 10/31/25 are accepted.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 3-10 are rejected under 35 U.S.C. 101 because the disclosed invention is inoperative and therefore lacks utility. Claims 1 recites, and its dependent Claims 3-10 all incorporate, inter alia, “inkjet ink” and “the ink droplet diameter is 16.15 mm or more but 16.50 mm or less”. An inkjet ink has no inherent “the ink droplet diameter” property, as the latter varies depending on the device forming the droplet from the ink, the device’s settings (if any), environmental conditions etc. Therefore, no disclosure of meeting the limitations “inkjet ink” and “the ink droplet diameter is 16.15 mm or more but 16.50 mm or less” is provided, and the invention as disclosed is inoperative.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-18 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while enabling for the measurement procedure regarding “the dynamic surface tension is a dynamic surface tension at a surface age of 0.027 milliseconds calculated by performing Hua-Rosen fitting on actually measured values of dynamic surface tensions measured by a maximum bubble pressure method in a range of surface ages of 10 milliseconds or more but 1000 milliseconds or less”, does not reasonably provide enablement for “inkjet ink” having the claimed property beyond the specific examples of composition given in the Disclosure. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to practice the invention commensurate in scope with these claims. The claimed composition has not been disclosed by Applicant in such a way as to guide one skilled in the art in preparing an inkjet ink to render it having the claimed property beyond the specific examples of composition given in the Disclosure.
Claims 2 and 11-18 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification does not reasonably provide enablement for “the dynamic surface tension s is 53.0 mN/m or more but 58.0 mN/m or less”. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to practice the invention commensurate in scope with these claims. The claimed composition has not been disclosed by Applicant in such a way as to guide one skilled in the art in preparing an inkjet ink to render it having the claimed property beyond the specific examples of composition given in the Disclosure.
Response to Arguments
Applicant’s arguments, see Applicant Arguments/Remarks, filed 10/31/25, with respect to rejection(s) of Claims 1-10 have been fully considered and, in conjunction with amendments filed on the same date, are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the amendments.
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 ALEXANDER D SHENDEROV whose telephone number is (571)270-7049. The examiner can normally be reached M-F 9-5.
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, Douglas X Rodrigues 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.
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/ALEXANDER D SHENDEROV/Examiner, Art Unit 2853
/JASON S UHLENHAKE/Primary Examiner, Art Unit 2853