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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been received.
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on 30 November 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement has been considered by the Examiner.
Response to Preliminary Amendment
Claims 1-15 have been canceled as requested by the Applicant.
Claims 16-34 have been added and examined as such.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 16-34 are rejected under 35 U.S.C. 103 as being unpatentable over CORFE (WO 2018/146494 A1) in view of SAITO et al. (US 2021/0079241 A1).
As related to independent claim 16, CORFE teaches a UV LED free radical curable inkjet ink containing
(i) a colour pigment (CORFE – Page 2, Lines 1-40 and Page 13, Lines 1-40);
(ii) a photoinitiator (CORFE – Page 11, Lines 31-39);
(iii) monofunctional polymerizable compounds including vinyl methyl oxazolidinone; and
(iv) one or more polyfunctional polymerizable compounds, wherein the double bond density DD is between 5.28 and 5.78 mmol double bonds/g; the content of monofunctional polymerizable compounds is between 84 and 98 wt% based on the total weight of the polymerizable composition; and the content of vinyl methyl oxazolidinone is at least 13.3 wt% based on the total weight of the UV LED free radical curable inkjet ink, and wherein the double density DD is calculated by the formula:
PNG
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82
236
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wherein n represents the number of monomers and oligomers in the UV LED free radical curable inkjet ink; F(i) represents the functionality of monomer or oligomer i; MW(i) represents the molecular weight of monomer or oligomer i; and wt%(i) is the weight percentage of monomer or oligomer i based on the total weight of the polymerizable composition (CORFE – Page 2, Line 1 – Page 4, Line 20; and Examples, Page 17 -28).
Continuing with independent claim 16, COFRE does not specifically teach an acylphosphine oxide photoinitiator. However, SAITO et al. teaches a UV LED free radical curable inkjet ink containing a colour pigment (CORFE – Page 2, Lines 1-40 and Page 13, Lines 1-40); monofunctional polymerizable compounds including vinyl methyl oxazolidinone; and one or more polyfunctional polymerizable compounds, wherein the double bond density DD is between 5.28 and 5.78 mmol double bonds/g (SAITO et al. – Page 1, Paragraphs 6-17 and Page 2, Paragraph 32) and specifically teaches an acylphosphine oxide photoinitiator (SAITO et al. – Page 5, Paragraph 61). It would have been obvious to one of ordinary skill in the art at the time of filing to specify the photoinitiator of COFRE to include the acylphosphine oxide photoinitiator of SAITO et al. in an effort to provide an inkjet ink with limited increase in viscosity with excellent stretchability, scratch resistance and adhesion (SAITO et al. – Page 1, Paragraphs 3-5).
As related to dependent claim 17, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the double bond density DD is between 5.65 and 5.75 mmol double bonds/g (CORFE – Page 2, Line 1 – Page 4, Line 20; and Examples, Page 17 -28 and SAITO et al. – Page 1, Paragraphs 6-17; Page 2, Paragraph 32; Page 3, Paragraphs 40-43; and Page 8, Table 1 – Page 10, Table 2)
As related to dependent claim 18, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the content of monofunctional monomers between 90 and 97 wt% based on the total weight of the UV LED free radical curable inkjet ink (CORFE – Examples, Page 17 -28 and SAITO et al. – Page 8, Table 1 – Page 10, Table 2).
As related to dependent claim 19, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the UV LED free radical curable inkjet ink contains N-vinylcaprolactam (COFRE – inter alia Ink #77 and SAITO et al. – Page 3, Paragraphs 42-43).
As related to further dependent claim 20, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the content of vinyl methyl oxazolidinone and N-vinylcaprolactam is at least 20 wt% based on the total weight of the UV LED free radical curable inkjet ink (COFRE – inter alia Ink #77 & #79 and SAITO et al. – Page 3, Paragraph 41).
As related to dependent claim 21, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the acylphosphine oxide photoinitiator includes an acyl group containing a polymerizable group or an acyl group selected from the group consisting of a benzoyl group substituted by an urea group or an oxalylamide group; a 2,6-dimethyl benzoyl group substituted in position 3 by an urea group or an oxalylamide group; a 2,6-dimethoxy benzoyl group substituted in position 3 by an urea group or an oxalylamide group; a 2,4,6-trimethyl benzoyl group substituted in position 3 by an urea group or an oxalylamide group; and a 2,4,6-trimethoxy benzoyl group substituted in position 3 by an urea group or an oxalylamide group (COFRE – Page 11, Lines 31-39 and SAITO et al. – Page 3, Paragraph 42).
As related to dependent claim 22, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the acylphosphine oxide photoinitiator is present in an amount of at least 3 wt% based on the total weight of the UV LED free radical curable inkjet ink (SAITO et al. – Page 1, Paragraph 15; Page 5, Paragraph 61; and Tables 1-2).
As related to dependent claim 23, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the UV LED free radical curable inkjet ink contains 10 to 23 wt% of isobornyl acrylate based on the total weight of the UV LED free radical curable inkjet ink (COFRE – inter alia Inks #9-12, 25-28, &41-44 and SAITO et al. – Page 2, Paragraphs 31-32).
As related to dependent claim 24, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the UV LED free radical curable inkjet ink contains more than 42 wt% of isobornyl acrylate and phenoxyethyl acrylate based on the total weight of the UV LED free radical curable inkjet ink (COFRE – Page 5, Lines 5-15 and SAITO et al. – Page 2, Paragraphs 31-32).
As related to dependent claim 25, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the kinematic viscosity of the inkjet ink is between 4 and 12 mm//s as measured at 45 °C (COFRE – Page 1, Lines 11-21 and SAITO et al. – Page 11, Paragraphs 125-130).
As related to dependent claim 26, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the organic colour pigment is a beta-copper phthalocyanine pigment (COFRE – Page 13, Lines 38-40).
As related to further dependent claim 27, the combination of COFRE and SAITO et al. remains as applied above and continues to teach further including at least a black UV LED free radical curable inkjet ink containing a carbon black pigment; a magenta or red UV LED free radical curable inkjet ink containing a quinacridone pigment, a diketopyrrolopyrrole pigment or mixed crystals thereof; and a yellow UV LED free radical curable inkjet ink containing a yellow pigment selected from the group consisting of C.I. Pigment Yellow 83, C.I. Pigment Yellow 93, C.I. Pigment Yellow 97, C.I. Pigment Yellow 110, C.I. Pigment Yellow 120, C.I. Pigment Yellow 138,C.I. Pigment Yellow 150, C.I. Pigment Yellow 151, C.I. Pigment Yellow 154, C.I. Pigment Yellow 155, C.I. Pigment Yellow 175, C.I. Pigment Yellow 180, C.I. Pigment Yellow 181, C.I. Pigment Yellow 185, C.I. Pigment Yellow 194, CI. Pigment Yellow 213, C.I. Pigment Yellow 214, and mixed crystals thereof (COFRE – Page 13, Line 28 – Page 14, Line 2).
As related to dependent claim 28, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the substrate is a substrate having a surface selected from the group consisting of polymethylmethacrylate, polyvinylchloride, polyethylene terephthalate, aluminum, and glass (COFRE – Page 15, Lines 21-25 and SAITO et al. – Page 8, Paragraph 97 and Page 11, Paragraph 131).
As related to further dependent claim 29, the combination of COFRE and SAITO et al. remains as applied above and continues to teach UV LED sources having a spectral emission in the range of 360 - 420 nm (SAITO et al. – Page 11, Paragraph 131).
As related to dependent claim 30, the combination of COFRE and SAITO et al. remains as applied above and continues to teach an inkjet printing method including the steps of: a) jetting the UV LED free radical curable inkjet ink on a substrate; and b) curing the jetted UV LED free radical curable inkjet ink by UV LED sources having a spectral emission in the range of 360 - 420 nm (COFRE – Page 15, Line 39 – Page 16, Line 3 and SAITO et al. – Page 7, Paragraphs 90-95 and Page 11, Paragraph 131).
As related to further dependent claims 31-32, the combination of COFRE and SAITO et al. remains as applied above and continues to teach the substrate is a substrate having a surface selected from the group consisting of polymethylmethacrylate, polyvinylchloride, polyethylene terephthalate, aluminum, and glass (COFRE – Page 15, Lines 21-25 and SAITO et al. – Page 8, Paragraph 97 and Page 11, Paragraph 131).
As related to further dependent claims 33-34, the combination of COFRE and SAITO et al. remains as applied above and continues to teach an inkjet printing method including the steps of: a) jetting the UV LED free radical curable inkjet ink on a substrate; and b) curing the jetted UV LED free radical curable inkjet ink by UV LED sources having a spectral emission in the range of 360 - 420 nm (COFRE – Page 15, Line 39 – Page 16, Line 3 and SAITO et al. – Page 7, Paragraphs 90-95 and Page 11, Paragraph 131).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ito et al. (US 2012/0133059 A1) teaches a UV LED free radical curable inkjet ink containing pigment and an acylphosphine oxide photoinitiator. HERLIHY et al. (US 2017/0107386 A1) teaches a UV LED free radical curable inkjet ink containing pigment and an acylphosphine oxide photoinitiator and vinyl methyl oxazolidinone. FLECKENSTEIN et al. (US 2019/0375954 A1) teaches a UV LED free radical curable inkjet ink containing pigment and an acylphosphine oxide photoinitiator and vinyl methyl oxazolidinone. Volkmann (US-20220380611 A1) teaches a UV LED free radical curable inkjet ink containing pigment and vinyl methyl oxazolidinone.
Examiner's Note: Examiner has cited particular Figures & Reference Numbers, Columns, Paragraphs and Line Numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to JOHN P ZIMMERMANN whose telephone number is (571)270-3049. The Examiner can normally be reached Monday-Thursday 0700-1730 EST.
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, Stephen Meier can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/John P Zimmermann/Primary Examiner, Art Unit 2853