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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Rejections - 35 USC § 112(b)
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 61-78 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
In particular, the dependent claims include significant antecedent basis issues stemming from the reiteration of elements already introduced or unclear reference to a previous element. For example, claim 61 refers to “the salt” but depends from claim 60 which refers to more than one salt. Claim 62 depends from claim 60 and includes the limitation “at least one metal salt” which is already introduced in claim 60. Correction is required.
Claim 73 is further rejected because it includes parenthetical descriptions which render the claim indefinite as it is unclear if the limitations are supposed to define the claim.
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 60-61 and 65-77 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2011/0200751 (“Yatake”) in view of WO2014/039306 (“Pan”).
Claim 60
Yatake discloses an aqueous pretreatment formulation comprising -at least one metal salt (paragraph [0048], calcium salt), -a polymeric mixture of polymers, copolymers, or both (paragraph [0044], acrylic polymer), -an ammonium salt (paragraphs [0077,0109], ammonium salt surfactant), wherein the formulation is free of a dye or a pigment, an organic acid, an organic base, an organic starch, a starch salt, an isocyanate-based material, borates and borate salts (paragraphs [0041-0050], pretreatment does not include ink or dye; borates; organic acid/base/starch).
Yatake does not appear to explicitly disclose -an epichlorohydrin-modified polyamide, and optionally at least one polycarbodiimide.
Pan discloses a similar pretreatment formula including epichlorohydrin-modified polyamide (paragraphs [0047-0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated an epichlorohydrin-modified polyamide, and optionally at least one polycarbodiimide, as disclosed by Pan, into the device of Yatake, for the purpose of stabilizing the suspension of the polymer components in the fluid (Pan, paragraphs [0047-0048]).
Claim 61
Yatake in view of Pan discloses the formulation according to claim 60, wherein the salt is a calcium salt (Yatake, paragraph [0048], calcium salt).
Claim 65
Yatake in view of Pan discloses the formulation according to claim 60, wherein the epichlorohydrin-modified polyamide is an epichlorohydrin polyamide copolymer or polymer; or wherein the epichlorohydrin-modified polyamide is a conjugate of epichlorohydrin and a polyamide copolymer or prepolymer (Pan, paragraphs [0047-0048]).
Claim 66
Yatake in view of Pan discloses the formulation according to claim 60 being a pretreatment formulation for forming an ink receptive film on a substrate (Yatake, paragraph [0034], pretreatment formula).
Claim 67
Yatake in view of Pan discloses a pattern formed by deposition of a formulation according to claim 60 on a substrate (Yatake, paragraph [0074], ink jet printing of textile designs with aid of pretreatment).
Claim 68
Yatake in view of Pan discloses the pattern according to claim 67, wherein the pattern is on a textile (Yatake, paragraph [0074], textile printing).
Claim 69
Yatake in view of Pan discloses the pattern according to claim 67, being formed of a white ink, wherein the pattern having an L* value of at least between 80 and 93 (Yatake, paragraph [0200], 70 or more).
Claim 70
Yatake in view of Pan discloses a method of forming an ink pattern on a surface, the method comprising coating a surface region of a substrate with a formulation according to claim 60 and patterning an ink formulation on a dry portion of the surface region coated with the formulation (Yatake, paragraphs [0072-0078], print process method).
Claim 71
Yatake in view of Pan discloses a method of forming an ink pattern on a surface, the method comprising obtaining a substrate having at least part of its surface region coated with a formulation according to claim 60 and patterning an ink formulation on a dry portion of the surface region coated with the formulation (Yatake, paragraphs [0072-0078], print process method, patterning after heating).
Claim 72
Yatake in view of Pan discloses a method of forming a pattern on a dry surface region by digital printing, the method comprises patterning a surface region of a substrate having been coated with a dry film formed of a formulation according to claim 60, with an ink formulation (Yatake, paragraphs [0072-0078], print process method, patterning after heating).
Claim 73
Yatake in view of Pan discloses a method for improving whiteness of a printed white ink or for increasing L* value of a pattern formed of a white ink, or for improving vividness of a colored ink (non-white), the process comprising forming the pattern of the ink (white or colored) by applying the ink on a preformed cured film of a formulation according to claim 60 (Yatake, paragraph [0010], high color developing).
Claim 74
Yatake in view of Pan discloses the method according to claim 73, wherein the pattern is formed on a textile (Yatake, paragraph [0074], textile printing).
Claim 75
Yatake in view of Pan discloses the method according to claim 74, wherein the pattern is of a white ink, the pattern having an L* value of between 80 and 93 (Yatake, paragraph [0200], 70 or more).
Claim 76
Yatake in view of Pan discloses a method for forming a pattern of an ink on a surface of a substrate, the method comprising: -forming on said surface of the substrate a film of a formulation according to claim 60 and curing same, and -applying said ink onto the surface of the substrate having the cured film (Yatake, paragraphs [0072-0078], print process method, patterning after heating).
Claim 77
Yatake in view of Pan discloses a method of applying a wet ink formulation on a dry and cured film of a formulation according to claim 60, the method comprising -obtaining a formulation according claim 60; -forming a film of said formulation onto a surface of a substrate; -curing said film; and -applying a wet ink formulation on a surface region of said cured film (Yatake, paragraphs [0072-0078], print process method, patterning after heating).
Claims 62 and 64 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2011/0200751 (“Yatake”) in view of WO2014/039306 (“Pan”), further in view of U.S. Patent Pub. 2007/0056118 (“Ellis”).
Claim 62
Yatake in view of Pan discloses the formulation according to claim 60, the formulation comprising -at least one metal salt, being in a calcium salt, optionally selected from CaCl2, CaF2, CaBr2, CaI2, and calcium carbonate (Yatake, paragraph [0048], calcium salt), -a polymeric mixture of polymers, copolymers or both (Yatake, paragraph [0044], acrylic polymer),-an ammonium salt (Yatake, paragraphs [0077,0109], ammonium salt surfactant), -an epichlorohydrin-modified polyamide, and -optionally at least one polycarbodiimide (Pan, paragraphs [0047-0048]).
Yatake in view of Pan does not appear to explicitly disclose wherein the amount of the salt does not exceed 18wt% or is between 0.5 and 18wt%.
Ellis discloses a pretreatment formulation including metal salt in the range of 0.5 – 30 wt% (paragraph [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the amount of the salt does not exceed 18wt% or is between 0.5 and 18wt%, as disclosed by Ellis, into the device of Yatake in view of Pan, for the purpose of providing a brighter and mor colorful image (Ellis, paragraph [0025]).
Claim 64
Yatake in view of Pan discloses the formulation according to claim 60, the formulation comprising -at least one metal salt selected from calcium salts (Yatake, paragraph [0048], calcium salt), -a polymeric mixture comprising an acetate polymer and/or an acrylic polymer (Yatake, paragraph [0044], acrylic polymer);-an ammonium salt (Yatake, paragraphs [0077,0109], ammonium salt surfactant);-an epichlorohydrin-modified polyamide; and -optionally at least one polycarbodiimide (Pan, paragraphs [0047-0048]).
Yatake in view of Pan does not appear to explicitly disclose wherein the amount of the salt does not exceed 18wt% or is between 0.5 and 18wt%.
Ellis discloses a pretreatment formulation including metal salt in the range of 0.5 – 30 wt% (paragraph [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the amount of the salt does not exceed 18wt% or is between 0.5 and 18wt%, as disclosed by Ellis, into the device of Yatake in view of Pan, for the purpose of providing a brighter and mor colorful image (Ellis, paragraph [0025]).
Claim 63 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2011/0200751 (“Yatake”) in view of WO2014/039306 (“Pan”), further in view of WO2014/051547 (“Sarkisian”).
Claim 63
Yatake in view of Pan discloses the formulation according to claim 60, wherein the polymeric mixture is a combination of two or more polymeric components.
Yatake in view of Pan does not appear to explicitly disclose the components selected to permit dot gain adjustment, allowing distinct ink drop demarcation.
Sarkisian discloses using pretreatment selected to increase ink penetration and dot gain (paragraph [0009]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated selected a fluid set and pretreatment fluid for dot gain, as disclosed by Sarkisian, into the device of Pan, for the purpose of providing more consistent spreading of the ink (Sarkisian, paragraph [0004]).
Claim 78 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2011/0200751 (“Yatake”) in view of WO2014/039306 (“Pan”), further in view of U.S. Patent Pub. 2022/0154396 (“Oriakhi”).
Claim 78
Yatake in view of Pan discloses the method according to claim 70, wherein the formulation comprising -at least one metal salt selected from calcium salts, wherein the amount of the salt does not exceed 18wt% or is between 0.5 and 18wt% (paragraph [0117], 10.5%).
Yatake in view of Pan does not appear to explicitly disclose an epichlorohydrin-modified polyamide in an amount between 0.005 and 0.45wt%.
Pan discloses incorporating epichlorohydrin-modified polyamide (paragraph [0048]) but does not appear to explicitly disclose an amount between 0.005 and 0.45wt%.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use an amount between 0.005 and 0.45wt%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235. One would have been motivated to optimize an amount of epichlorohydrin-modified polyamide in order to support an effective colloidal stabilization (Pan, paragraphs [0047-0048]).
Yatake in view of Pan does not appear to explicitly disclose -a polymeric mixture comprising an acetate polymer and/or an acrylic polymer, wherein the amount of the mixture does not exceed 18wt% or is between 0.5 and 18wt%; -an ammonium salt in an amount between 0.005 and 0.9wt%; and -at least one polycarbodiimide in an amount between 0.5% and 6% w/w.
Oriakhi discloses ammonium salts included in pretreatment formula between 0.005 - 1 wt%; acrylic polymer from 1-30 wt%; polycarbodiimide from 3-6 wt% (paragraphs [0056, 0091, 0100]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated an ammonium salt, acrylic polymer, and polycarbodiimide, as disclosed by Oriakhi, into the method of Yatake in view of Pan, for the purpose of aiding in the desired spreading and penetration of ink (Oriakhi, paragraph [0047, 0091, 0115]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA S Y LIN whose telephone number is (571)270-7911. The examiner can normally be reached M-F 8-4, TW M,W.
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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.
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/ERICA S LIN/Primary Examiner, Art Unit 2853