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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
It is unclear if claim 1’s restriction on the amount of “free resin” applies to any/all resins or only the resin of the pigment particle.
It is unclear what is being calculated in claim 3.
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.
Claims 1 and 3 rejected under 35 U.S.C. 103 as being unpatentable over Tabayashi 6074467.
Tabayashi claims (#1) a jet ink of an aqueous dispersion of pigment particles coated with resin. Tabayashi claims (#2) that the amount of resin dissolved in the dispersion (ie applicant’s “free resin”) is less than 2%.
Polyester (col 7 line 1) may be used as the coating resin. Tabayashi (col 12 line 11) states the ratio of coating resin is within a range of 0.5 to 2% parts by mass to one part by mass of the pigment. It is apparent that the “%” is a typographical error and should be read as “0.5 to 2 parts by mass to one part by mass of the pigment”. This is interpretation is confirmed by the later more narrow teachings (col 12 line 24-26) that more preferably, the amount of pigment and resin are identical in mass are identical or within ±15%.
Anywhere from 1.4:1 to 2:1 meets applicant’s ratio.
Although Tabayashi has no example meeting applicant’s claim, Tabayashi broad disclosure renders obvious applicant’s species of resin and resin/pigment ratio.
In regards to applicant’s dependent claim:
The amount of particle in the ink s 0.5-20% (col 12 line 7) – meeting applicant’s claim 3.
Claims 1 and 3 rejected under 35 U.S.C. 103 as being unpatentable over Tabayashi 6074467 in view of Miyakoshi 2022/0106491.
Tabayashi applies as explained above.
Tabayashi brodly suggests resin/pigment ratios that overlap applicant’s range, but lack examples of such a ratio.
Miyakoshi (paragraph 273) exemplifies making pigment particles having a pigment:polyester resin ratio of 0.5. This would be a polyester:pigment ration of 2:1.
It would have been obvious to produce Tabayashi’s pigmented polyester particle at a 2:1 polyester:pigment ratio as this ratio has been shown to make favorable aqueous inks.
Claims 1-3 rejected under 35 U.S.C. 103 as being unpatentable over Tabayashi 6074467 in view of Miyakoshi 2022/0106491.
Tabayashi and Miyakoshi apply as explained above.
Tabayashi does not state that the polyester be noncrystalline.
It would have been obvious to employ Miyakoshi’s polyester as the polyester called for by Tabayashi as this particular polyester has been shown to be effective in resin coated pigments.
It is believed that the polyester used by Miyakoshi (paragraph 248) is in fact noncrystalline because of the branching trimellitic anhydride monomer (paragraph 250) as branching disrupts the crystallinity of otherwise ordered polymer chains. Also, Miyakoshi’s particular polyester is made from alkoxylated BPA, isophthalic acid and trimellitic anhydride similarly to applicant’s exemplified polyester A.
For these reasons, it is believed that Miyakoshi’s polyester is inherently noncrystalline.
Claim 4 rejected under 35 U.S.C. 103 as being unpatentable over Tabayashi 6074467 in view of WO2019/007922.
Tabayashi applies as explained above.
Tabayashi’s pigmented particle lacks wax.
WO2019/007922 (abstract) discloses pigmented particles for inkjet inks that one or more dispersing aids. WO’922 (paragraph 118; example 14) teaches using a combination of wax and polyester to envelop the pigment. The wax is said to prevent aggregation and prevent viscosity increase (paragraph 110,111).
It would have been obvious to add wax to Tabayashi’s pigmented polyester/pigment particle for the above advantages.
Claim 6 rejected under 35 U.S.C. 103 as being unpatentable over JP2016027078 in view of Naito 2022/0372324 or JP2003020427.
JP2016027078 exemplifies (paragraph 64) melt mixing 4900g polyester with 2100g pigment followed pulverization (ie applicant’s 1st and 2nd steps).
JP’078 (paragraph 73) after treating in MEK and filtering through wire mesh, then disperses the pulverized particles in water.
JP’078 does not perform a high-pressure emulsification followed by centrifuging of the pulverized resin coated pigment particles.
Naito also produces resin coated pigments. The resin may any conventional resin (paragraph 89). Naito utilizes a dispersing machine (paragraph 21,151) that operates at high pressure (ie applicant’s emulsification treatment) to disperse the resin coated pigment particles. Naito (paragraph 188) then centrifuges the pigment composition to obtain the purified resin treated pigment. Finally, Naito (paragraph 188) adds this purified resin coated pigment to an aqueous ink (ie applicant’s last step). Naito indicates his process reduces the number of coarse particles and improve efficiency (paragraph 7).
JP2003020427 (abstract) similarly puts resin treated pigments through a high pressure emulsifier to achieve stability, redispersibility etc. Specific resins include polyesters (paragraph 30). There is a later centrifuging step (paragraph 65).
It would have been obvious to further treat JP2016027078’s polyester coated pigment particles in a high pressure dispersing/emulsification device to improve the performance of the particles. The so-treated particles can be then separated by centrifuging.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J BUTTNER whose telephone number is (571)272-1084. The examiner can normally be reached M-F 9-3pm.
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, Heidi Kelley can be reached at 571-270-1831. 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.
/DAVID J BUTTNER/Primary Examiner, Art Unit 1765 7/2/26
Prosecution Insights