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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/28/2026 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3, 5-12, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ye (CN110746203) in view of Denis (FR2468566), Zhang (CN110627510A), and Xu (CN105948498B). A machine translation of Ye, Denis, Zhang, and Xu is provided as an English equivalent and is used in the citations below.
Regarding Claims 1, 3, and 5, Ye teaches a method for manufacturing a ceramic tile (The technical means adopted by the invention are as follows 1st para.), the method comprising: providing a green tile having at least a green body with an upper surface (The technical means adopted by the invention are as follows 1st para.); providing at least a first surface covering on the upper surface of the green body (The technical means adopted by the invention are as follows 1st para.); and firing the green tile to obtain a ceramic tile having a surface structure on its upper surface (The technical means adopted by the invention are as follows 1st para.); and applying at least one sinking agent on the upper surface of the green tile before providing the first surface covering, the sinking agent determining the surface structure of the upper surface (The technical means adopted by the invention are as follows 1st para., Example 1 step 7, Background last para.). Ye teaches wherein the sinking agent comprises a physical sinking agent (ink) and/or a chemical sinking agent (bismuth trioxide) (Example 3 first para.). Ye teaches wherein the sinking agents are provided together according to a respective pattern (i.e. corresponding, Example 3 third para.).
Ye does not explicitly teach the sinking agent applied before drying the green tile; however, Denis teaches a method for manufacturing a ceramic tile (claim 1) wherein the sinking agent is applied before a step of drying the green tile (abstract). It would have been prima facie obvious to one of ordinary skill in the art at the time of the invention to modify the method of Ye to include drying the green tile after applying the sinking agent, as suggested by Denis, because Denis teaches surface treatment before drying is known in the art and one of ordinary skill in the art would have had a reasonable expectation of predictably achieving the tile of Ye with drying after surface treatment, as in Denis. The combined references do not teach degradation of the applied sinking agent.
Ye does not explicitly teach the ink is hydrophobic; however, Zhang teaches hydrophobic ceramic inks (page 5 last para; “organic oil solvent” pg. 7, 9, and 12). It would have been prima facie obvious to one of ordinary skill in the art at the time of the invention to modify the ink of Ye to include a hydrophobic ink, as suggested by Zhang, because it is a known ink and one of ordinary skill in the art would have had a reasonable expectation of predictably achieving the tile of Ye with an ink as taught in Zhang.
Ye does not explicitly teach the protective glaze is a water based slurry; however, Xu teaches a protective glaze which is a water-based slurry (second and third embodiment step 3) which is applied after drying (second and third embodiment step 2). It would have been prima facie obvious to one of ordinary skill in the art at the time of the invention to modify the glaze of Xu to include a water-based slurry, as suggested by Xu, because it is a known glaze and one of ordinary skill in the art would have had a reasonable expectation of predictably achieving the tile of Ye with an glaze as taught in Xu.
Regarding Claim 6, Ye teaches wherein the sinking agent is applied by inkjet printing (The technical means adopted by the invention are as follows 1st para.).
Regarding Claim 7, Ye teaches wherein the sinking agent is applied directly onto the upper surface of the green body ([0024]).
Regarding Claim 8, Ye teaches wherein the first surface covering comprises a glaze or an engobe (The technical means adopted by the invention are as follows 1st para., [0004]).
Regarding Claim 9, Ye is silent as to the dry weight of the glaze; however, Ye teaches glaze is protective (The technical means adopted by the invention are as follows 1st para.). Ye does not explicitly teach a dry weight between 600 and 900 g/m2; however, Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05 II A. It would have been prima facie obvious to one of ordinary skill in the art at the time of the invention to optimize the glaze concentration of Ye as suggested by the reference, in order to achieve the desired protection, and in such an optimization one of ordinary skill in the art would have arrived at applicant’s claimed concentration.
Regarding Claim 10, Ye teaches further comprising providing a decor on the upper surface of the green tile (color pattern, The technical means adopted by the invention are as follows 1st para.).
Regarding Claim 11, Ye teaches wherein the sinking agent is provided according to a pattern, that at least partially corresponds to the décor (The technical means adopted by the invention are as follows 2nd para.).
Regarding Claim 12, Ye teaches the process including applying a selected sinking agent pattern with a selected décor, i.e. wherein the decor is selected on the basis of the pattern of the sinking agent (The technical means adopted by the invention are as follows 1st and 2nd para.).
Regarding Claim 16, Ye teaches providing at least a sinking agent according to a pattern on the green tile (The technical means adopted by the invention are as follows 1st and 2nd para.); and providing at least a decor on the first surface covering (color pattern, The technical means adopted by the invention are as follows 1st and 2nd para.); wherein the decor is selected on the basis of the pattern of the sinking agent (The technical means adopted by the invention are as follows 1st and 2nd para.).
Regarding Claim 18, Ye providing a decor on the upper surface of the green tile (color pattern, The technical means adopted by the invention are as follows 1st and 2nd para.); providing a surface covering above the décor (protective glaze, The technical means adopted by the invention are as follows 1st and 2nd para.); firing the green tile to obtain a ceramic tile having a surface structure on its upper surface (The technical means adopted by the invention are as follows 1st and 2nd para.); and printing a substance (ink, The technical means adopted by the invention are as follows 1st and 2nd para.). Ye teaches the substance and décor both are printed. It would have been prima facie obvious to one of ordinary skill in the art at the time of the invention to use the same device for printing the substance and décor of Ye for the benefit of reduced equipment cost.
Response to Arguments
Applicant’s arguments, see amendments and arguments directed to the amendments, filed 5/28/2026, with respect to the previous section 112 and prior art rejection(s) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as discussed above.
Applicant's other arguments filed 5/28/2026 have been fully considered but they are not persuasive.
Applicant argues that Ye’s sinking agent is bismuth oxide and not a physical sinking agent. Applicant argues Denis does not cure the deficiency. In response to applicant’s argument, Ye teaches an ink which is able to physically interact with the glaze in order to create the surface structure (“physical release properties of the ink to the glaze or the difference in surface tension with the glaze when it is melted at high temperature, as well as the burn-off characteristics”) which meets the claimed limitation of physical sinking agent regardless of whether or not bismuth oxide is also include in the composition.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TABATHA L PENNY whose telephone number is (571)270-5512. The examiner can normally be reached M-F 8:00-5:00.
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/TABATHA L PENNY/Primary Examiner, Art Unit 1712
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