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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi et al. (US PGPub 2014/02109000) in view of Utsugi et al. (WO 2018/221045 A1; using US PGPub 2020/0199387 for English language citations) and Koyano et al. (JP 2009132766 A; using Clarivate Analytics machine translation for English language citations).
Regarding claims 1 and 3-7, Ohashi teaches ink sets for ink jet textile printing comprising a first ink, a second ink, and optionally a pretreatment (abstract; [0012]; [0025]; [0027]; [0086]; [0128]).
Ohashi teaches the first ink comprises a white pigment ([0016]; [0035]-[0037]), resin ([0055]), and other components including water, organic solvent, surfactants, pH adjusting agents, preservatives and fungicides ([0066]). Ohashi teaches the resin is present to improve adhesion and friction resistance ([0055]), is present from 1 to 15 mass% of the first ink ([0065]) and is selected from one of, or two or more of, acrylic resins, styrene acrylic resins, urethane resins, etc. ([0060]).
Ohashi teaches the second ink comprises a pigment other than a white pigment ([0016]; [0089]), resin ([0093]), emulsifier ([0096]), and other components including water, organic solvent, surfactants, pH adjusting agents, preservatives and fungicides ([0118]). Ohashi teaches the resin in the second ink is present for similar effects as the resin in the first ink and the kinds and characteristics thereof are the same ([0094[), and teaches a content of 1 to 15 mass% resin in the second ink ([0095]).
Ohashi teaches the resin in the first and second inks is preferably selected from the same resins, including acrylic type resins and styrene-acrylic type resins, but does not specifically teach the alkali-soluble resin having an acid value of 200 mgKOH/g or higher. However, Utsugi teaches similar inkjet inks, and ink sets thereof ([0167]), comprising pigment, a fixing resin, organic solvent and water ([0013]). Utsugi further teaches the presence of a pigment dispersing resin in the ink for the purpose of maintaining favorable ink stability ([0133]) which is selected from (meth)acrylic-based resins and styrene-(meth)acrylic-based resins, etc. ([0134]). Utsugi teaches the pigment dispersing resin is solubilized in water using a base ([0143]; instant alkali-soluble) and has an acid value from 100 to 400 mgKOH/g in order to improve water dispersibility and dispersion viscosity ([0142]). Utsugi and Ohashi are analogous and are combinable because they are concerned with the same field of endeavor, namely inkjet inks and ink sets comprising a combination of pigment, dispersing resins and water/solvents. At the time of filing a person having ordinary skill in the art would have found it obvious to select from the pigment dispersing resins of Utsugi as the acrylic-based and/or styrene-acrylic based resins of Ohashi and would have been motivated to do so as Ohashi invites such resins and further as Utsugi teaches the resins have improved solubility in water, improved pigment dispersibility, and desirable viscosity.
Ohashi teaches the second ink can comprise additional resins (two or more), as noted above. Ohashi does not specifically teach a water-dispersible resin (claim 1), present from 10 to 30 mass% (claim 3) and selected from acrylic-based resins and/or styrene-acrylic-based resins having an acid value of 15 mgKOH/g or lower (claim 4). However, Utsugi teaches the above noted fixing resin as comprising an A-B block copolymer having an acid value of from 5 to 80 mgKOH/g ([0034]; [0066]), present the ink from 1 to 15 wt% ([0064]) as either an emulsion or a hydrosol ([0059]), and teaches the A-B block polymer functions like a surfactant improving wet spreadability on contact with the substrate thus resulting in high-quality images having no voids or mixed color bleeding ([0038]), as well as suppressed deterioration in water-resistance and rub-fastness of the resulting image while maintaining favorable decap properties, discharge stability and image quality ([0039]-[0040]; [0066]). Utsugi teaches the hydrophilic A block is selected from (meth)acrylic acid monomers ([0078]; [0044]) and the hydrophobic B block is selected from styrene-based monomers ([0088]). Utsugi and Ohashi are combinable as set forth above. At the time of filing a person having ordinary skill in the art would have found it obvious to include the fixing resin of Utsugi in the second ink of Ohashi and would have been motivated to do so as Ohashi invites inclusion of other acrylic type resins and further as Utsugi teaches the fixing resin having low acid value functions as a surfactant itself, is compatible with pigment dispersing resins of high acid value, and results in high-quality images having no voids or mixed color bleeding, having suppressed deterioration in water-resistance and rub-fastness, while maintaining favorable decap properties and discharge stability.
Ohashi teaches the second ink can comprise surfactants, as noted above and teaches acetylene glycol-based, silicone-based, and fluorine-based surfactants ([0075]). Ohashi does not specifically teach amphoteric surfactant (claim 1), selected from alkylaminoacetic acid betaine and/or alkylamine oxide (claims 5-7). However, Koyano teaches similar inkjet inks and teaches that in addition to fluorine type and silicone type surfactants, amphoteric surfactants are also known to be suitable, including lauryl dimethyl betaine and lauryl dimethyamine oxide (pg13-15). Koyano and Ohashi are analogous art and are combinable because they are concerned with the same filed of endeavor, namely inkjet inks comprising pigments, resins, and water. In view of the recognition by Koyano that amphoteric surfactants and fluorine-type/silicone-type surfactants are equivalent and interchangeable inkjet ink surfactants, it would have been obvious to one of ordinary skill in the art to substitute the silicone-based/fluorine-based surfactants of Ohashi with the amphoteric surfactants, including lauryl dimethyl betaine and/or lauryl dimethylamine oxide, of Koyano and thereby arrive at the present invention. Case law holds that the mere substitution of an equivalent (something equal in value or meaning, as taught by analogous prior art) is not an act of invention; where equivalency is known to the prior art, the substitution of one equivalent for another is not patentable (See In re Ruff 118 USPQ 343 (CCPA 1958; MPEP 2144.06).
Regarding claim 2, Ohashi in view of Utsugi and Koyano render obvious the ink set as set forth above. Ohashi further teaches a pretreatment solution ([0128]-[0134]) comprising a coagulant material ([0132]), optional resins ([0133]), organic acids, water, etc. ([0134]). Ohashi teaches the coagulant includes polyvalent metal compounds, organic acids, etc. ([0132]).
Ohashi does not specifically teach an organic acid having a boiling point of 120ºC or lower. However, Utsugi similarly teaches pretreatment liquids ([0177]-[0182]) comprising a coagulant selected from inorganic and/or organic polyvalent metal compounds ([0179]) including of organic acids, where acetic acid is preferred ([0181])(instant organic acid with boiling point of 120ºC or lower). Ohashi and Utsugi are analogous and combinable as set forth above. At the time of filing a person having ordinary skill in the art would have found it obvious to select the acetic acid compound of Utsugi as the coagulant of Ohashi and would have been motivated to do so as Ohashi invites organic acid coagulants and further as Utsugi teaches acetic acid is a known, suitable and preferred organic acid pretreatment coagulant.
Regarding claims 8-9, Ohashi in view of Utsugi and Koyano render obvious the ink set as set forth above. Ohashi further teaches ink jet textile printing ([0122]).
Regarding claim 10, Ohashi in view of Utsugi and Koyano render obvious the ink set as set forth above. Utsugi teaches and renders obvious the selection of the pigment dispersing resins as set forth in claim 1 above. Utsugi teaches the pigment dispersing resin(s) having an acid value from 100 to 400 mgKOH/g is preferably a copolymer obtained by polymerizing (i) from 10 to 50 wt% of (meth)acrylic acid, (ii) 10 to 70 wt% of a (meth)acrylate ester having an alkyl group of 9 or more carbon atoms, and (iii) 0 to 50 wt% of an polymerizable compound having an aromatic group, preferably styrene ([0140]; [0139]).
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANE L STANLEY whose telephone number is (571)270-3870. The examiner can normally be reached M-F 7:30 AM to 3:30 PM.
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, Mark Eashoo can be reached at 571-272-1197. 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.
/JANE L STANLEY/ Primary Examiner, Art Unit 1767
Prosecution Insights