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 Arguments
Applicant's arguments filed 01/22/2026 have been fully considered but they are not persuasive. In response to Applicant’s argument that there is no teaching or suggestion in Xu that the removal of ink from the ink receptive layer could be used to form a usable structure on a workpiece, the Examiner recognizes that references cannot be arbitrarily combined and that there must be some reason why one skilled in the art would be motivated to make the proposed combination of primary and secondary references. In re Nomiya, 184 USPQ 607 (CCPA 1975). However, there is not requirement that a motivation to make the modification be expressly articulated. The test for combination references is what the combination of disclosures taken as a whole would suggest to one of ordinary skill in the art. In re McLaughlin, 170 USPQ 209 (CCPA 1971) references are evaluated by what they suggest to one versed in the art, rather than by their specific disclosures. In re Bozek, 163 USPQ 545 (CCPA 1969). In this case, Xu discloses ink being transferred to a surface while making contact with another surface. Pankoke discloses removal can take place in a mechanical manner by means of a removal device. One skilled in the art would adjust the application of removing ink from a surface that is taught by Xu and rearrange or use different parts or devices like a roller to reach the concept of removing /transferring a liquid.
In response to Applicant’s argument that there is not teach or suggestion that pressing the workpiece of Pankok against a final receiver substrate (textile/T-shirt) of Xu would produce a motif on the workpiece as claimed. One skilled in the art would not substitute the textile/T-shirt of Xu instead of the suction device, grinder etc. of Pankoke but utilize the concept of removing/transferring ink by making contact with a device configured for the apparatus of Pankoke since Pankoke discloses that devices and/or methods also corresponding to the invention can be included by combining, interchanging or omitting individual features.
Claim(s) 1, 3, 5, 7, 9-10 and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Pankoke (US 2020/346246) and further in view of Xu (US 2021/0268820).
With regard to claim 1, Pankoke discloses a method for producing a motif on a substrate (1) (workpiece; Para. 0086], comprising, successively,
providing a base layer (2) [Para. 0086] at least partially covering the substrate [unit 100; Para. 0098; Fig. 4],
applying a plurality of drops (3) [Para. 0086] in or on the base layer [unit 200; Para. 0100; Fig. 4], and at least partially removing of at least one droplet takes place by means of mechanical and/or chemical and/or physical techniques [Para. 0048].
Pankoke, discloses removing of parts of a layer (S18) [Para. 0152; Fig. 9].
However, Pankoke does not disclose transferring at least part of a liquid that comprises said plurality of drops or is at least partially determined by them to a transfer surface, by adhesion of said liquid to the transfer surface when the transfer surface makes contact with said liquid without sliding on the base layer, in order to at least partially reveal the motif.
However, Xu teaches transferring at least part of a liquid (15) that comprises said plurality of drops or is at least partially determined by them [image (15) printed on a transfer medium; Para. 0023] to a transfer surface (16) [receiver substrate; Para. 0023], by adhesion of said liquid to the transfer surface when the transfer surface makes contact with said liquid without sliding on the base layer [contact of the transfer medium with the receiver (16) preferably under pressure, transfers image (15) from the transfer medium to a receiver substrate; Fig. 5].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a receiver substrate to at least partially receive at least part of a liquid by adhesion of said liquid when the receiver substrate makes contact with the liquid without sliding on the base layer as taught by Xu in order to provide excellent durability and fastness properties for the image that is applied to the final receiver substrate and to ensure proper intimate interfacial contact between the image transfer medium and the final receiver substrate.
With regard to claim 3, Pankokes' modified method of producing a motif discloses all the limitations of claim 1 and Xu also discloses wherein the transfer surface is a front surface of a transfer sheet (411) [Para. 0002; Fig. 5].
With regard to claim 5, Pankoke's modified method of producing a motif discloses all the limitations of claim 1 and Pankoke also discloses wherein said liquid is transferred while the substrate is transported or while the substrate remains fixed [Fig. 4].
With regard to claim 7, Pankoke's modified method for producing a motif discloses all the limitations of claim 1 and Xu also discloses wherein the transfer surface has a form such that when making contact with said liquid it substantially reproduces the surface of the base layer, the transfer surface being substantially flat for a substrate in the form of a panel or in the form of a sheet, and/or the transfer surface is substantially smooth and/or the transfer surface is substantially elastically deformable [Fig. 5].
With regard to claim 9, Pankoke's modified method of producing a motif discloses all the limitations of claim 1 and Pankoke also discloses comprising a plurality of successive transfer steps [Fig. 4].
With regard to claim 10, Pankoke's modified method of producing a motif discloses all the limitations of claim 1 and Xu also discloses wherein the transfer surface is pressed against the base layer and/or is brought closer to the base layer, in particular when said liquid is transferred [Fig. 5].
With regard to claim 12, Pankoke's modified method of producing a motif discloses all the limitations of claim 1 and Pankoke also discloses comprising at least partially solidifying the base layer before and/or after transferring said liquid, the base layer being at least partially liquid when the plurality of drops is applied [Unit 300; Fig. 4]
With regard to claim 13, Pankoke's modified method of producing a motif discloses all the limitations of claim 12 and Pankoke also discloses wherein the base layer is at least partially solidified [not yet solidified; Para. 0068] before transferring said liquid in order to achieve a surface tension, or surface energy, of the base layer greater than the surface energy of the transfer surface when said liquid is transferred [Fig. 4].
With regard to claim 14, Pankoke's modified method of producing a motif discloses all the limitations of claim 1 and Pankoke also discloses wherein the base layer, the applied drops and/or the
liquid are at least partially solidified by curing, in particular by radiation, more in particular by electromagnetic radiation, preferably by UV [Para. 0102; Fig. 4].
With regard to claim 15, Pankoke's modified method of producing a motif discloses all the limitations of claim 1 and Pankoke also discloses wherein the drops are applied selectively, in particular according to a digital pattern, more in particular by means of digital printing, preferably by inkjet [Para. 0045].
With regard to claim 16, Pankoke's method for producing a motif discloses all the limitations of claim 1 and Pankoke also discloses a system for producing a motif on a substrate performing the method of claim 1, comprising substrate transport means (500) for transporting the substrate (1) with the base layer (2), and drop application means (201) for applying the drops (3) in or on the base layer [Unit 200; Fig. 4], but does not disclose wherein the system comprises at least one transfer element provided with a transfer surface for transferring said liquid to the transfer surface when the transfer surface makes contact with said liquid, configured so that said contact is without sliding on the base layer in a synchronized manner with the transport of the substrate.
However, Xu teaches at least one transfer element (16) provided with a transfer surface for transferring a liquid (15) to the transfer surface when the transfer surface makes contact with said liquid, configured so that said contact is without sliding on the base layer in a synchronized manner with the transport of the substrate [Fig. 5].
Claim(s) 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Pankoke US 2020/346246) in view of Xu (US 2021/0268820) as applied to claim 1 above, and further in view of Ueno (KR 20160019853).
With regard to claim 2, Pankoke's modified method of producing motif discloses all the limitations of claim 1 but does not disclose wherein the transfer surface is a rolling surface of a transfer roller.
However, Ueno teaches, a transfer surface [peripheral surface is a rolling surface of a transfer roller (TR). [Para. 0045; Fig. 6d]
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the transfer surface as a rolling surface of a transfer roller for the purpose of rotating while being in contact with the base layer.
With regard to claim 6, Pankoke’s modified method for producing a motif discloses all the limitations of claim 1, but does not disclose wherein the transfer surface is cleaned of transferred liquid, in particular while additional liquid is transferred to the transfer surface.
However, Ueno teaches a transfer surface is cleaned of transferred liquid, in particular while addition liquid is transferred to the transfer surface. [cleaning roller comes into contact with the peripheral surface of the transfer roller to remove and recover the residual ink (RI) transferred to the peripheral surface; Para. 0047]
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to clean the transfer surface of transferred liquid in for the purpose of preventing residual ink from building up on the transfer surface and becoming ineffective.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a transfer surface with a form such that when it makes making contact with said liquid it substantially reproduces the surface of the base layer, in particular the transfer surface being substantially flat so as to maintain the flatness of the substrate.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Pankoke US 2020/346246) in view of Xu (US 2021/0268820) as applied to claim 3 above, and further in view of Conley (US 2008/0138512).
With regard to claim 4, Pankoke’s modified method discloses all the limitations of claim 3 but does not disclose wherein the transfer sheet is continuously fed, in particular from a transfer sheet feed spool and/or to a transfer sheet collection spool, or in a closed circuit.
However, Conley teaches a transfer sheet (200) is continuously fed, in particular from a transfer sheet feed spool and/or to a transfer sheet collection spool [Fig. 2].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a continuous feed to transfer sheet since it is known in the art that continuous feeding sheet particular from a feed spool and/or a collection spool is a means to automate feeding of material, improving efficiency.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Pankoke (US 2020/346246) in view of Xu (US 2021/0268820) as applied to claim1 above, and further in view of Tomizawa (JP 2003066738A).
With regard to claim 8, Pankoke’s method for producing a motif discloses all the limitations of claim 1, but does not disclose wherein the transfer surface has a surface roughness less than or equal to 50 um.
However, Tomizawa teaches a transfer surface has a surface roughness of 0.35 um or less. [Para. 0058-0059]
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a transfer surface with a surface roughness less than or equal to 50 um for the purpose of preventing deteriorating the transferability.
Allowable Subject Matter
Claims 11, 17-24 are objected to as being dependent upon a rejected base claim, but
would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 11 is objected to because the prior art does not teach or make obvious "wherein the pressure against the base layer is increasing, and/or the height of the transfer surface with respect to the surface of the base layer is decreasing, successively, in particular for different transfer surfaces."
Claims 17-19 are objected to because the prior art does not teach or make obvious "comprising dry cleaning means for cleaning the transfer surface in the absence of a cleaning product, in particular a solvent of the product of transferred liquid transferred to the transfer surface, further comprising auxiliary dry cleaning means for facilitating the detachment of the product of transferred liquid from the transfer surface by the dry cleaning means, by solidification, drying and/or evaporation of said product of transferred liquid in the absence of applying cleaning means on the same product of transferred liquid."
Claims 20-24 are objected to because the prior art does not teach or make obvious "further comprising auxiliary wet cleaning means for removing cleaning product applied by the wet cleaning means from the transfer surface, by drying and/or evaporation of said cleaning product in the absence of applying cleaning means on the same cleaning product."
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 TRACEY M MCMILLION whose telephone number is (571)270-5193. The examiner can normally be reached Monday-Friday 6AM-2:30PM EST.
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/TRACEY M MCMILLION/Examiner, Art Unit 2853
/RICARDO I MAGALLANES/Supervisor Patent Examiner, Art Unit 2853